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Latest Featured Reports | Wednesday, October 26, 2016
About That Voting Company 'Tied' to George Soros: 'BradCast' 10/25/16
Here we go again. From Smartmatic to Diebold. Responding (yet again) to partisan worries of vote flips and voting machine ownership...
'Green News Report' 10/25/16
  w/ Brad & Desi
Pipeline protest arrests in North Dakota, Ottawa; Pipeline rupture kills 1 in NE; China restricts new coal-fired plants; PLUS: EPA waited seven months to warn Flint...
Previous GNRs: 10/18/16 - 10/13/16 - Archives...
False Equivalency on SCOTUS Nominees in Presidential 'Debate Scorecard'
L.A. Times pundits ill-serve electorate by declaring a 'draw' on key issue in final Presidential debate...
Fight for Control of the U.S. Senate: 'BradCast' 10/24/16
David Jarman, Editor of Daily Kos Elections, on the states that Dems need to win in order to retake the Senate (and what about the U.S. House and the gubernatorial races?)
Sunday Toons of the Moment: Bad Hombres, Nasty Women
America finally finds something to unite about! But 'PDiddie' sees much more bad and nasty days ahead still in his latest collection of the week's best political toons...
'Too Big to Rig?':
'BradCast' 10/21/16
The no-spin truth about our vulnerable U.S. election systems, as a major DDoS attack cripples huge Internet sites from Twitter to Amazon today; Plus: MUCH MORE!...
Election Rigging, Integrity, Amnesia - The Final Debate: 'BradCast' 10/20/16
Bad hombres! Nasty women! And SUSPENSE! Special coverage with Heather Digby Parton of Salon and David Dayen of Fiscal Times...
Everything is 'Peachy Dory': 'BradCast' 10/19/16
Trump still plummeting; Wingnuts still falling for phony 'voter fraud' (MSM helping them); Good news for KS, FL (and maybe) GA voters; Huge early turnout; Clinton WikiLeaks; #FreeDesi!...
Will It Be 'Rigged'? 'Hacked'?: 'BradCast' 10/18/16
Dems and DHS warned of election system hacking a few weeks ago. Now, not so much. Fact-based discussion about our vulnerable US elections w/ Verified Voting's Pam Smith...
Neocon: 'Nazi Echoes in Trump's Tweets'
Former adviser to John McCain, Jeb Bush sees shadow of Third Reich in Trump response to NC GOP campaign office firebombing...
'Green News Report' 10/18/16
Major new int'l agreement phases out HFCs; US emissions lowest since 1991; Sept. 2016 hottest ever recorded; PLUS: Wikileaks reveals Clinton dinging climate activists...
NH GOPer Decries Trump 'Rigging', But Denies Party Claimed 'Voter Fraud'(?!?): 'BradCast' 10/17/16
Guest: Former state GOP Chair Fergus Cullen. Also: Good news for FL voters, bad for OH...
Federal Judge Blocks FL's 'Illogical', 'Obscene' Absentee Ballot Rejection Scheme
Thousands of Vote-by-Mail ballots likely saved as court blocks GOP suppression scam at last minute...
Sunday Toons of the Unshackled Moment
Please do not touch, grab, or grope -- as the shackles come off in this week's collection of the week's best toon via 'PDiddie'...
'Dark' Presidential 'Debate' a Product of Strangled Democratic Discourse
Presidential Debate Commission joins corporate media in failing to help fully educate the electorate...
The Meltdown Began Long Before Trump:
'BradCast' 10/14/16
Through the darkness and towards the light...
FL Preps for Election 'Storm'; Michelle: 'Enough is Enough': 'BradCast' 10/13/16
Guest: Palm Beach, FL election chief on extended registration, e-tabulator failure, hack worries...
'Green News Report' 10/13/16
Gore, Clinton rally Millennials to #VoteClimate; Court allows Dakota Access construction; Matthew's toxic aftermath in NC; PLUS: OK Gov. calls for oil prayer...
Just 10 cases of in-person impersonation in all 50 states since 2000...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...

By Ernest A. Canning on 10/25/2016 9:05am PT  

According to a Los Angeles Times "Debate scorecard," the opening segment of last week's third and final Presidential debate, concerning the respective nominees plans for appointments to the U.S. Supreme Court, was a "draw."

Three of the paper's pundits each proffered what at best could be described as a superficial one-paragraph explanation for their verdict: It was a "draw" because 1) an ordinarily unhinged Trump was "calm" and "sedate," and 2) by describing what they would look for in a nominee to SCOTUS, both candidates had appealed to their respective conservative Republican and liberal Democratic bases.

The "Debate scorecard" presents a classic example of what Bill Moyers derides as the "charade of fair and balanced --- by which two opposing people offer competing opinions with a host who assumes the viewer will arrive at the truth by splitting the difference" --- an unacceptable "substitute for independent analysis." Combined with the "draw" assessment, this form of irresponsible punditry lends itself to the false equivalency separately offered by FiveThirtyEight's Oliver Roeder, who suggested that both candidates were "promising an extreme candidate" to fill the vacancy left by the death of the late Supreme Court Justice Antonin Scalia.

In truth, the differences between the two Presidential nominees are profound. They represents the difference between oligarchy (Trump) and democracy (Clinton). Trump's preference for a judiciary that would protect the privileged few at the expense of the vast majority of ordinary Americans is both extreme and unpopular. Clinton's egalitarian criteria for judicial nominations is immensely popular and decidedly mainstream. There is nothing "extreme" about a jurist who is committed to the words that appear above the entrance to the U.S. Supreme Court: "Equal Justice Under Law."

What is especially troubling is that media pundits have erected a false equivalency on an issue of vital importance to the American electorate. Outside of global climate change, which threatens the very survival of humanity, the issue of what could turn out to be as many as three lifetime appointments to the Supreme Court over the next four years is amongst the most monumental that voters will face on Nov. 8. As we previously reported the fate of democracy itself is at stake.

Roeder and the three L.A. Times pundits would have understood that if they had bothered to either consult constitutional scholars or specific issue polls before erecting their false equivalency in their respective debate analyses...

--- Click here for REST OF STORY!... ---

Guest: David Jarman, Editor of Daily Kos Elections...
By Brad Friedman on 10/24/2016 6:05pm PT  

On today's BradCast: Will Hillary Clinton's apparent lead in national polling and turnout to date translate into a Democratic majority in the U.S. Senate? Poll watchers and analysts, at least Democratic leaning ones, seem to think so. For now. But just barely. [Audio link for show posted below.]

More early voting numbers in several states continue to suggest a potentially banner year for Democrats. In addition to those new indicators today, Hillary Clinton's poll numbers continue to rise, even as Donald Trump argued over the weekend that all the polls are "phony", not to be believed, and are meant to do little more than suppress the vote. (Though someone may want to let his own campaign manager know about that.)

But, will the hints of success for the Clinton campaign translate into Democrats taking back control of the U.S. Senate? David Jarman, editor of Daily Kos Elections, joins me to explain what the polls currently suggest about the likelihood of a Senate majority for Dems, the races in 9 states that he believes will determine that balance and, specifically, the 3 states he believes will ultimately be the tipping points for control of the upper chamber of Congress over the next two years.

While Daily Kos is a website meant to support Democrats, Jarman explains the roll of the analysts at Daily Kos Elections: "We're sort of the quantitative side of Daily Kos, but we also do more qualitative analysis of where we feel the chances are in the Senate and the House, looking at it race by race, doing the sort of old-fashioned scouting approach of 'this is a toss-up, this is lean-Democratic', that kind of thing. We also compile a lot of the data that eludes other people, about where the ad dollars are going, what the topics of ads are, every poll, we collect those in our daily digest."

Jarman and I also discuss, among other things, how and if things like voter suppression are included in his predictions; how large a majority Democrats would need in order to be able to bypass some of the more conservative/corporatist members of its caucus; whether Democrats could also retake a majority in the U.S. House, and some serious havoc that may occur for House Speaker Ryan even in the likelihood that they don't; and, also, some of the gubernatorial races that may end up going "blue" this year as well.

Finally, Bernie Sanders responds to Wikileaks' release of emails from Clinton staffers painting him in a less than favorable light, and Donald Trump says that he has plans to rethink freedom of the press, as defined by the Constitution's First Amendment, should he become the next President.

Download MP3 or listen to complete show online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guests: Journalist and communications strategist Jacki Schechner, Progressive public policy advocate Dave Johnson...
By Brad Friedman on 10/10/2016 5:15pm PT  

The insane 2016 Presidential campaign took a decidedly dark turn on Sunday night. We cover all of that darkness and more on today's BradCast. [Link to audio posted below.]

After a weekend of seeming implosion by the GOP nominee and the Republican Party on the heels of the release of a 2005 'hot mic' video tape in which Donald Trump is seen and heard lewdly boasting about sexually assaulting married women and others, he lashed out at Hillary and Bill Clinton on Sunday night, with a press conference (of sorts) featuring women allegedly assaulted by the former President during the 80s and 90s.

All of that and more came up during the 2nd Presidential Debate held on Sunday night at Washington University in St. Louis, Missouri. I'm joined on today's show for coverage, analysis and insight on what is almost certainly one of the darkest chapters in modern U.S. Presidential political history by former CNN journalist and communications strategist Jacki Schechner and progressive policy advocate Dave Johnson, Senior Fellow at People's Action (formerly: Campaign for America's Future.)

"I feel like there's this feeling of that old story of the frog that's getting warmer and warmer and warmer. Well, we're boiling. And everybody is suddenly noticing that the water's boiling right now," Johnson says in response to my question about how America and the Republican Party have arrived at this point (which I'm more than happy to blame, in no small part, on the corporate media and its decades long failure to report what has been going on in our politics over the last several Presidential Administrations as anything much more than both-sides-do-it politics-as-usual). "This has been coming for a long time. Donald Trump is the Republican Party right now. He's nothing more than the manifestation of something that's been building up and building up, and now we're at a reckoning point," he says.

Schechner notes: "While we think, in the moment, that, 'this will be the straw that breaks the camel's back', the camel gets up again on Monday morning and keeps on trotting. I don't know if it's because of the nature of where we are societally, or if it's just that we've gotten so disgusted with politics, that we're so deep in the mud we can't even see where the mud begins, but we're totally desensitized to where this has gone and where the Republican Party has taken us."

As we struggle to try and make sense of Sunday's debate, Trump's behavior, and where all of this can possibly go from here, Schechner observes: "Trump has been this person his whole life. The Republican Party broke him, they bought him. Clinton herself is a flawed candidate, [but] she's not a sociopath. The problem is that she has to figure out a way to combat him and not get down in the dirt with him, and at the same time mitigate the damage that exists, based on her own somewhat flawed political past."

Yeesh. Lots to talk about and lots to cover on today's BradCast...

Download MP3 or listen to complete show online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Choose monthly amount...

(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Plaintiffs seek emergency relief after state officials use deception, intimidation against voters. Should AG Ken Paxton be held in contempt?...
UPDATE: Court schedules Sept. 19 hearing on plaintiffs' emergency motions...
By Ernest A. Canning on 9/9/2016 11:15am PT  

Following a recent court-approved agreement entered between the state of Texas and challengers to its unlawful Photo ID voting restriction, the plaintiffs are now back in court after state Republicans, including the state's Attorney General, appear to be skirting the remedies they had previously agreed to.

Both the U.S. Department of Justice (DoJ) and the private plaintiffs in Veasey v. Abbott are now seeking emergency relief to prevent the state from utilizing a deceptive scheme that plaintiffs believe will serve to intimidate and disenfranchise voters despite the court-ordered remedies agreed to by all parties just weeks ago.

The remedies, which promised to restore voting rights to hundreds of thousands of Texans this November, were an encouraging sign for voting rights advocates. The outlook for the Presidential Election was suddenly much brighter for Lone Star State voters. At least until now.

Two separate motions, one filed by the DoJ and the other by the private Veasey plaintiffs, allege that Texas Republicans, including the state's Attorney General Ken Paxton, have resorted to deception and intimidation in what appears to be a bad faith effort to prevent or at least discourage those who lack state-approved photo IDs from casting a regular vote on November 8. Both motions seek emergency relief from the District Court, but stop short of what may be an appropriate request that the AG be ordered to show cause as to why he should not be held in contempt of court...

--- Click here for REST OF STORY!... ---

Court cites State promise to make free IDs available without restriction, opponents remain dubious, concerned about disenfranchisement...
By Ernest A. Canning on 8/29/2016 10:35am PT  

Despite being found a violation of the federal Voting Rights Act by multiple federal courts reviewing several challenges to Wisconsin's Republican-enacted Photo ID voting restriction, the law will stay in place this November, as per a new federal court ruling issued Friday. The court's reasoning is based on an assurance by the state that free Photo IDs will be made more readily available and easier to obtain than they have been in the past.

Late last week, by way of a unanimous decision [PDF], the full U.S. Seventh Circuit Court of Appeal denied competing appeals and cross appeals filed in the two cases challenging Wisconsin's restrictive voting law.

Earlier this month, the plaintiffs in these two cases, Frank v. Walker and One Wisconsin Institute v.Thompsen, sought emergency relief from the full 7th Circuit because it appeared, based on a decision by a conservative three-judge 7th Circuit panel, that nearly ten percent of Wisconsin's electorate was at risk of disenfranchisement via the Republican-enacted statute.

However, as the full court noted in its Friday decision, subsequent to the filing of those emergency petitions, the state of Wisconsin assured the court that it "has enacted a rule that requires the Division of Motor Vehicles ('DMV') to mail automatically a free photo ID to anyone who comes to DMV one time and initiates the free ID process." The court added:

Given the State's representation that "initiation" of the IDPP [Wisconsin's process for obtaining a free photo ID] means only that the voter must show up at a DMV with as much as he or she has, and that the State will not refuse to recognize the "initiation" of the process because a birth certificate, proof of citizenship, Social Security card, or other particular document is missing, we conclude that the urgency needed to justify an initial en banc hearing has not been shown. Our conclusion depends also on the State’s compliance with the district court’s second criterion, namely, that the State adequately inform the general public that those who enter the IDPP will promptly receive a credential for voting, unless it is plain that they are not qualified.

The ruling did not sit well with ACLU senior staff attorney Sean Young, who, pointing to Wisconsin's failed record over the past five years to "get IDs into the hands of voters who need them," said "there's no reason to believe that the state's latest eleventh-hour 'emergency' procedures will work any better than its past failed policies"...

--- Click here for REST OF STORY!... ---

UPDATE: SCOTUS denies Michigan's request to overturn stay blocking its elimination of 'straight ticket' voting...
By Ernest A. Canning on 8/19/2016 10:05am PT  

This week, in yet another setback for GOP voter suppression efforts, the U.S. 6th Circuit Court of Appeal upheld a District Court preliminary injunction that prevented Michigan Republicans from eliminating "straight-party" voting in the Great Lake State. It did so because it found that the plaintiffs in Michigan State Randolph Inst. v. Johnson would likely prevail in their contention that the MI GOP's elimination of straight-party voting violated both the Equal Protection Clause of the 14th Amendment to the U.S. Constitution and Section 2 of the Voting Rights Act (VRA).

"Straight-party voting," the appellate panel explained, "allows a voter to vote for all candidates of their desired political party by making a single mark designating the selection of that political party, rather than voting for each partisan candidate individually."

The court does not suggest that all states must make it available. In fact, many states have never made that form of voting available to their respective electorates. But, the court observed, "straight-party voting has...been available to Michigan citizens for an uninterrupted period of 125 years" --- from 1891 - 2016.

Straight-party voting in Michigan is so popular that voters twice rejected efforts to eliminate it via the referendum process --- first in 1964 and again in 2001. And while, overall, half of the MI electorate takes advantage of the straight-ticket option, this swift and efficient alternative to selecting individual candidates from a long-list of offices on a ballot has been disproportionately relied upon by African-Americans ("67% in 2012, and 73.5% in 2014"), the 6th Circuit panel observed.

However, with their own ability to retain power at stake in 2016 --- especially after the scandalous poisoning of Flint's drinking water --- Michigan Republicans were not inclined to permit either efficiency or popularity to stand in the way...

--- Click here for REST OF STORY!... ---

By Ernest A. Canning on 8/17/2016 8:12am PT  

North Carolina has now filed a last gasp attempt with the U.S. Supreme Court to keep a racially discriminatory voter suppression law in place for the November general election. The state's Hail Mary --- or, perhaps, Hail Justice Roberts --- emergency petition is unlikely to succeed.

As we reported late last month, in a sweeping victory for voting rights on July 29, a unanimous panel of the U.S. 4th Circuit Court of Appeal struck down North Carolina's massive voter suppression law --- described as the nation's worst since the Jim Crow era. In a stinging rebuke, the court found the statute's provisions were enacted by state Republicans with "racially discriminatory intent" that "target[ed] African-Americans with almost surgical precision."

On August 4, that same 4th Circuit panel summarily denied NC's request for a stay of the injunction placed on the discriminatory law enacted by state Republicans in 2013 just after the U.S. Supreme Court had gutted the section of the federal Voting Rights Act that likely would have blocked most of the statute's provisions from ever being implemented in the first place.

In their rejected request for a stay at the 4th Circuit, NC relied primarily on the "Purcell principle" --- the Supreme Court's recently-adopted general notion that changes to election laws, for good or ill, should not be ordered too close to an election due to the risk of chaos and uncertainty the late changes might cause at the polls. NC's claim that there was insufficient time to implement the change mandated by the court's injunction was inconsistent with the assurance state officials provided during oral argument that they "would be able to comply with any order [the 4th Circuit panel] issued by late July." In citing that previous assurance, the 4th Circuit also noted: "the balance of equities heavily weighs against recalling the mandate or granting a stay. Voters disenfranchised by a law enacted with discriminatory intent suffer irreparable harm far greater than any potential harm to the State."

This past Monday, August 15 --- some seventeen (17) days after the 4th Circuit handed down its landmark decision striking down the state's law --- the state filed an Emergency Application to stay the injunction with the U.S. Supreme Court. In a pleading drafted by Paul Clement, who served as the U.S. Solicitor General during the Bush administration, the stay was requested on the basis of the (previously rejected) Purcell principle and because "the 4th Circuit's decision," according to Clement, "renders every [photo ID law in the nation] vulnerable to invalidation as purposefully discriminatory."

Emergency petitions from North Carolina are assigned to Chief Justice John Roberts. However, it is likely that Roberts will assign it to the full Court, where the votes of five (5) of the court's eight current Justices would be needed to grant the stay. As explained by U.C. Irvine Law Professor Rick Hasen, it is "unlikely" that NC will convince five Justices to do so...

--- Click here for REST OF STORY!... ---

Action sought as partisan court panel rolls back remedy meant to restore voting rights to nearly 10% of WI electorate...
By Ernest A. Canning on 8/12/2016 1:51pm PT  

The plaintiffs in One Wisconsin Institute v. Thomsen, one of several long-running court challenges to Wisconsin Republicans' strict Photo ID voting restriction, have filed an emergency petition with the full en banc U.S. 7th Circuit Court of Appeal, asking that it overturn its previous photo ID decision in Frank v. Walker.

The still pending Frank case as well as the One Wisconsin challenge have, to say the least, undergone a circuitous recent history in a number of federal courts that oversee Badger State election law.

In April 2014, after a lengthy trial, U.S. District Court Judge Lynn Adelman struck down and permanently enjoined Wisconsin's photo ID law after finding it in violation of both the 14th Amendment to the U.S. Constitution as well as the Voting Rights Act (VRA).

Republicans in control of the state naturally appealed that detailed and blistering ruling. The federal appeal was assigned to an all-Republican three-judge 7th Circuit panel, headed by Judge Frank H. Easterbrook. Easterbrook is a member of the radical right wing Robert Bork-founded, Koch Brothers-funded "Federalist Society". The ensuing decision to reinstate Wisconsin's photo ID law, despite Adelman's meticulous ruling in the lower court, was so extraordinarily partisan, factually deficient, riddled with errors and legally flawed that it prompted the ordinarily staid U.C. Irvine election law Prof. Rick Hasen to tweet: "I rarely just rant in my blog posts. But Judge Easterbrook caused me to blow a gasket."

Other members of the 7th Circuit were so troubled by Easterbrook's flawed opinion that they took the unusual move of granting a rehearing en banc on their own motion. Because of prior refusals by Congressional Republicans to fill a vacancy on the 7th Circuit with an Obama nominee, at that time of the court's motion there were only ten (10) jurists serving on the full 7th Circuit --- as opposed to the allotted eleven (11) judges. The ensuing 5-5 en banc ruling --- now referred to as Frank I --- left Easterbrook's horribly flawed ruling in place, effectively disenfranchising nearly 10% of Wisconsin's electorate who did not possess or have easy access to the very specific types of Photo ID now required by state Republicans to cast a vote. .

Last April, however, after a disastrous Presidential primary in Wisconsin, where, most visibly, student voters were forced into hours long lines on Election Day in hopes of obtaining a state approved photo ID that would allow them to vote under the GOP law, the Easterbrook panel handed down a decision that appeared designed to ameliorate the widespread disenfranchisement. The ruling --- now referred to as Frank II --- suggested that disenfranchised voters who lack the ability "to obtain a qualifying photo ID with reasonable effort" should be permitted to cast a regular ballot nonetheless.

On July 19, 2016, in what was thought to be compliant with the Frank II directive, the District Court issued a remedial injunction that mandated Wisconsin afford the right to cast a regular ballot to "those who cannot with reasonable effort obtain a qualifying ID", so long as they signed an affidavit to that effect at the polling place. Many, like The Nation's Ari Berman, celebrated, believing that the voting rights of Wisconsin's disenfranchised electorate had finally been restored.

That celebration, it now appears, proved both premature and an underestimate of the level partisan duplicity on the part of the three "radicals in robes" on the Easterbrook 7th Circuit panel...

--- Click here for REST OF STORY!... ---

Donald Trump, 'stochastic terrorism', (hopefully temporary) bad voting news in WI, 'robosquitoes', and listener calls on all of the above...
By Brad Friedman on 8/10/2016 6:21pm PT  

"If she gets to pick her judges, nothing you can do folks. Although the Second Amendment people, maybe there is."

On today's BradCast, a few words on why Donald Trump's remarks about 'Second Amendment people' is more disturbing than he or the RNC or the NRA or Fox 'News' or actual voter fraud criminal Ann Coulter would like you to think.

Also today, three Republican appointed federal judges restore Wisconsin's unlawful Photo ID voting restriction (for now), a federal court in Texas officially restores the right to vote this November to 600k legal, already-registered voters, and I take a whole bunch of listener calls on all of the above.

Plus, Desi Doyen joins us for the latest Green News Report, with several stories that sound more like science fiction horror films than reality. Sadly, however, all of those stories --- including a plan to release genetically-modified mosquitoes to fight Zika in Florida --- are all too real...

Download MP3 or listen to complete show online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Choose monthly amount...

(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Gov. McCrory ignores previous promise, vows appeal to SCOTUS...
By Ernest A. Canning on 8/6/2016 3:59pm PT  

As we reported late last month, in a sweeping victory for voting rights on July 29, a unanimous panel of the U.S. 4th Circuit Court of Appeal struck down North Carolina's massive voter suppression law --- the nation's worst since the Jim Crow era. In a stinging rebuke, the court found the statute's provisions were enacted by state Republicans with "racially discriminatory intent" that "target[ed] African-Americans with almost surgical precision."

Days later, on August 3, as anticipated, North Carolina filed a Motion with the 4th Circuit Court of Appeal seeking a stay of the court's injunction that bars enforcement of its "omnibus" election law, pending a petition for a writ of certiorari (essentially, a request for a hearing before the U.S. Supreme Court). The principal basis for NC's request was based upon what is known as the "Purcell principle" --- the Supreme Court's recently-adopted general notion that changes in election laws, for good or ill, should not be ordered too close to an election due to the risk of chaos and uncertainty the late changes may cause at the polls.

The next day, on August 4, the same unanimous 4th Circuit panel summarily denied the NC's request for a stay, noting that, during oral arguments "the State assured us it would be able to comply with any order we issued by late July." Indeed, a stay, the 3-judge panel noted, would actually violate the Purcell principle because the "State has already notified its voters that it will not ask them to show ID [when voting at the polling place] and that early voting will begin on October 20."

"Finally," the 4th Circuit panel observed, "the balance of equities heavily weighs against recalling the mandate or granting a stay. Voters disenfranchised by a law enacted with discriminatory intent suffer irreparable harm far greater than any potential harm to the State."

On Friday, August 5, North Carolina’s Republican Governor Pat McCrory refused to take "no" for an answer, pretended his state never gave the court its assurances about timing, as cited by the 4th Circuit, and vowed to seek a stay from the U.S. Supreme Court.

"Changing our state's election laws close to the upcoming election, including common sense voter ID, will create confusion for voters and poll workers," McCrory explained in a statement. "The court should have stayed their ruling, which is legally flawed, factually wrong, and disparaging to our state. Therefore, by early next week, we will be asking the U.S. Supreme Court to stay the ruling of the Court of Appeals."

Prior to the 4th Circuit's denial of the stay request, U.C. Irvine Law Professor Rick Hasen opined that NC's Supreme Court cert petition was likely to be denied because of "the changing composition of the Supreme Court" following the passing of Justice Antonin Scalia. At that point, Hasen had rated "the chances of emergency relief only fair, because there is enough time to implement most of these changes before the election." (Emphasis added).

Given the rationale advanced by the 4th Circuit's denial order that included the state's own concession during oral arguments that it had time to comply with any order issued before the end of July, it is perhaps prudent to downgrade North Carolina's chances of obtaining a Supreme Court stay from "only fair" to "unlikely".

Major wins for voting rights advocates in NC, WI, elsewhere could be reversed by the next appointment to the U.S. Supreme Court
UPDATES: U.S. District Court blocks implementation of ND Photo ID Law; NC Republicans Seeks Stay pending petition to Supreme Court
By Ernest A. Canning on 8/2/2016 11:11am PT  

The good news is that over the past week two federal courts struck down multiple provisions of GOP-enacted voter suppression laws in Wisconsin and North Carolina. The cautionary news is that the rejection of 21st century Jim Crow-style disenfranchisement at the polls, and, indeed, the fate of democracy itself, may well now hinge on the outcome of the 2016 Presidential election.

The prospect of a Donald Trump presidency does not merely, as suggested on a recent BradCast by The Nation's John Nichols, portend a descent into fascism and "madness." A Trump victory would permit Republican-appointed Supreme Court "radicals in robes" and their anti-democracy agenda to recapture the majority status they lost last February with the passing of the late Supreme Court Justice Antonin Scalia.

Consider the long term impact of a Trump-selected Supreme Court Justice. A quarter century has passed since the late Senator Edward "Ted" Kennedy (D-MA), during the 1991 Clarence Thomas Senate Judiciary Committee Confirmation Hearings, observed:

If we confirm a nominee who has not demonstrated a commitment to core constitutional values, we jeopardize our rights as individuals and the future of our nation. We cannot undo such a mistake at the next election or even in the next generation.

In the first voting rights case to see a ruling come down last Friday, North Carolina NAACP v. McCrory, the good news is that a unanimous three-judge panel of the U.S. 4th Circuit Court of Appeal struck down as unconstitutional a comprehensive GOP voter suppression scheme that the court determined had been deliberately designed to have a retrogressive impact on the right of African-Americans to participate in electoral democracy. The state Republican legislature's scheme, the court held, was specifically designed to "target African-Americans with almost surgical precision."

The bad news, however, is that over the past three years --- a period that included the 2014 midterm election and this year's primary elections --- this unconstitutional scheme was the law of the land in North Carolina only because a cabal of five Republican-appointed Supreme Court Justices gutted a key provision (Section 5) of the Voting Rights Act (VRA). That section required pre-clearance from either the U.S. Department of Justice (DoJ) or a three-judge U.S. District Court panel before election restrictions of the type enacted by NC could have implemented. In arriving at their decision, the 4th Circuit judges rejected as "clearly erroneous" the factual findings of a George W. Bush-appointed U.S. District Court Judge who had previously upheld this racially motivated scheme's constitutionality.

In the second case last week, One Wisconsin Institute v. Thomsen, the good news is that U.S. District Court Judge James D. Peterson, after a full trial on the merits, struck down as unconstitutional eight (8) specific aspects of eight (8) election laws that were enacted after the election of Wisconsin's Republican Governor Scott Walker and Republican majorities in both houses of its state legislature. The bad news is that a previous decision handed down by Republican appointed "radicals in robes" on the 7th Circuit Court of Appeal --- a decision that became final after the Supreme Court declined to hear the case --- prevented Judge Peterson from reevaluating the constitutionality of a strict polling place photo ID law in WI even though his honor acknowledged that, in seeking to remedy the phantom menace of in-person voter fraud, Republicans had created "a cure worse than the disease."

The importance of the next Supreme Court Justice was underscored by Judge Peterson's suggestion that both the 7th Circuit and the Supreme Court should revisit the issue given that "the evidence in this case casts doubt on the notion that [photo] ID laws foster integrity and confidence" in the electoral process...

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By Brad Friedman on 6/27/2016 6:22pm PT  

On today's BradCast: Climate change continues to ravage Americans and take lives in the east and west, surprisingly good news from the U.S. Supreme Court, and the U.K. remains gripped with panic, confusion and uncertainty in the wake of last week's vote 'Brexit' vote to leave the European Union.

We start today with more on the historic deadly flooding and "mass destruction" in West Virginia 'coal country' and the out-of-control wildfires across bone-dry Southern California. Yes, it's everything we've been warning you about for so long on both The BRAD BLOG and The BradCast, even if just the latest example of the enormous (and growing) cost of climate change, as still both under-reported by the corporate media and over-shadowed by other new events across both the U.S. and world.

Then, the U.S. Supreme Court handed down several major decisions on its final day of the session. Surprisingly, a number of those decisions were very good news for progressives, even on an otherwise divided Court with its still-vacant 9th seat. The biggest decision concerned abortion rights in Texas, where the Court dealt a devastating blow to Republican laws meant to shut down women's health clinics under the guise of 'safety'. The Court saw through the Rightwing con, and the 5-3 decision could result in the overturning of similar "TRAP laws" enacted by Republicans in other states. In any event, the decision is a huge setback for rightwing anti-abortion activists and a big victory for those who believe in Constitutionally protected reproductive rights and freedoms. Can we take anything from this decision as to how SCOTUS might eventually rule in the Texas Photo ID voting restrictions case --- another GOP law meant to rob (certain) citizens of their rights for entirely specious reasons?

Also, the right of states to restrict the possession of guns by domestic abusers was upheld in a surprising bi-partisan 7 to 2 opinion, as was a new rule by the U.S. Dept. of Labor concerning overtime pay for home healthcare workers.

In an unusual unanimous decision by the Supremes, Virginia's former Republican Governor Bob McDonnell saw his bribery conviction vacated, despite having accepted some $165,000 in personal gifts and cash loans from a wealthy businessman hoping the Governor would help promote his products. Will that decision have any effect on Alabama's former Democratic Governor Don Siegelman, who is now serving his 6th year in federal prison for having done far less than McDonnell was found guilty of? That, even as the Republican federal judge who sentenced Siegelman has resigned from the bench after having been arrested for beating his wife and the Republican heads of all three branches of government in Alabama face removal of office via impeachment (Governor), ethics charges (Chief Justice of the AL Supreme Court) and multiple felony conviction (AL Speaker of the House) for various crimes, alleged and proven, in their home state.

Finally today, last week's 'Brexit' vote continues to wreak havoc as world financial markets continue to plunge (though not nearly as low as I incorrectly reported it on today's show, as based on an inaccurate number reported by my iPhone's stock app!); the British government is in complete disarray about how (or, perhaps, even, if) they will officially begin the formal procedure required to leave the EU; voters express 'bregret' over having voted to exit; questions arise about overseas voters failing to correctly receive ballot papers at all; and some call for a second ("do-over") referendum.

All of that and much more on yet another insanely busy BradCast today!

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Guest: Anise Jenkins of
By Brad Friedman on 6/14/2016 6:01pm PT  

On today's BradCast, Democrats take Trump's bait after the Orlando Massacre and the fight for D.C. Statehood continues. [Link to complete audio is posted below.]

First up, more fallout following the worst mass shooting in U.S. history, as both President Obama and Hillary Clinton fall for Donald Trump's disingenuous distractions about "radical Islam". And, thus, the GOP's presumptive nominee succeeds, yet again, in hijacking the important conversation on how to curb the nation's mass shooting and gun violence epidemic, just as the NRA and GOP are likely hoping. We try to correct the record in response to a number of fresh Trump lies related to Orlando, even as we notice that, yes, Trump is now banning even more journalists from his events for reporting on actual facts. The growing list of media outlets being rejected for press credentials now even includes the Washington Post.

Then, as Democrats in D.C. head to the polls for the blessedly final Presidential Primary contest of the 2016 cycle today, we speak to Anise Jenkins of on the continuing fight for Congressional representation and full statehood for residents of our nation's capital which has, ironically enough, suffered under the tyranny of "taxation without representation" for more than 200 years. "We had African-American slaves. We had women who had no rights. There were a lot of inequalities," at the founding of our country, Jenkins tells me. "Those things have ended, thank goodness, after struggling...and a Civil War. However, D.C. is still --- because of Article 1, Section 8, Paragraph 17 of the Constitution --- D.C. is still back in political slavery."

She goes on to explain how, despite paying more in taxes to the federal government than they take from it, all of the city's budgets and laws must still be approved by our dysfunctional U.S. Congress, where members --- often Republicans from far away states --- frequently abuse that power as a political bargaining chip or to just simply punish its residents.

So why have Democrats also failed to keep promises to pass legislation that would give autonomy to D.C., even when they've controlled both houses of Congress and the White House? Jenkins says she's been told it's "the four toos": "D.C. was too black, DC was too progressive --- or, they called it liberal at that time --- we were too urban, and we were too Democrat."

"The United States is the only country in the world that has a democratic form of government, where its residents of its capital have no vote or no local autonomy. The only one in the world," Jenkins says. "It's an international disgrace."

While Trump's multiple positions on statehood for D.C., as Jenkins details, should come as no surprise, even Obama, she says, has "been a huge disappointment" on this matter. When you stop to pay attention to it, which I hope you do, it's actually a remarkable discussion and an extraordinary ironic issue. All happening in the town that is the very seat of governance for a nation supposedly based on both individual freedom and representative democracy.

Download MP3 or listen to complete show online below...

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Guest: Washington Monthly's David Atkins | Plus: Sanders files for KY 'recanvass' and good news for OH voters!...
By Brad Friedman on 5/24/2016 4:42pm PT  

On today's BradCast, the Bernie Sanders campaign files for a 'recanvass' of Kentucky's exceedingly close May 17th Democratic Primary; Some very good news for voters out of a federal court in Ohio; And an explanation for why Democrats in California should be thanking the Vermont Senator for staying in the race through the Golden State's Presidential Primary on June 7th. [Audio link to show is posted below.]

First up, as Washington state Republicans hold their Primary today (with no surprises expected, even as we explain how one could occur), we report on the breaking news of Sanders' request for a "recanvass" in Kentucky, where Hillary Clinton reportedly defeated him by just 1,924 votes --- less than one-half of 1% out of nearly half a million votes cast --- last week, according to the computer-tallied results. We explain how a "recanvass" is decidedly different from a "recount", and how it remains the case that, thanks to the number of votes cast in the Bluegrass State on 100% unverifiable touch-screen voting systems, we can never actually know who the voters really preferred there. The "recanvass", scheduled for this Thursday, is unlikely to change that or the reported results, as it will largely be little more than a review of the already-existing electronic tally.

Then, a federal court in Ohio finds the shortening of the Early Voting period and "Golden Week" (a period of time when Buckeye State voters used to be able to both register to vote and cast a ballot on the same day) by state Republicans, is in violation of Section 2 of the Voting Rights Act as well as the 14th Amendment of the U.S. Constitution. The U.S. District Court has ordered those days to be restored for the General Election, even as this case and a number of others filed by Democrats and voting rights advocates around the country may be headed to the U.S. Supreme Court, where the vacancy that Republicans refuse to fill is likely to result in continuing chaos and confusion over U.S. voting rights.

Next, I'm joined by David Atkins of Washington Monthly, to discuss at least two reasons why, despite so much whining from Democratic Party establishment apparatchiks, it remains very important for Democrats, both in California and nationally, that Sanders remains in the Presidential race at least through the party's Primary on June 7. Atkins explains how the contest has helped lead to skyrocketing voter registrations for Democrats out here and, as importantly, how the state's "Top Two" primary system could results in disaster for a number of U.S. House races if Dem turnout is depressed. Sanders, Atkins argues, is doing the party a tremendous favor by staying in and continuing to fight the good fight.

He also goes on to ring in on the internecine battle between Sanders and Clinton supporters and on whether he believes the party will ever be able to survive its latest outbreak of (sometimes "messy") democracy.

Finally, Desi Doyen joins us for the latest Green News Report, which includes, among much more, evidence that, while Donald Trump claims to believe climate change is a "hoax", his very own companies believe otherwise...

Download MP3 or listen to complete show online below...

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U.S. Supreme Court must quickly restore Lone Star State voting rights...
By Ernest A. Canning on 4/11/2016 10:19am PT  

Unless either the U.S. 5th Circuit Court of Appeal or Supreme Court intervenes, more than 608,000 lawfully registered Texans, who were illegally disenfranchised during three successive elections (the General Elections in 2014 and 2015 and this year's Presidential Primary), are likely to again be barred from casting a vote in the November 2016 general election.

A disproportionate number of those who have been and may be deprived of a right that is, at least in part, supposedly guaranteed by the U.S. Constitution and the Voting Rights Act of 1965 (VRA) are impoverished African-Americans and Hispanics.

The source of disenfranchisement is a Republican-sponsored polling place Photo ID law which state Democrats had spent years, and no small amount of effort (even life-endangering effort) attempting to oppose.

Republicans insist that such laws are necessary to prevent voter fraud. But, as detailed by the 2011 sworn Congressional testimony of Justin Levitt (then a Loyola Law Professor, now an Assistant U.S. Attorney), cases of in-person voter impersonation fraud --- the only type of voter fraud that can be prevented by polling place Photo ID restrictions --- are extraordinarily rare: nine possible cases out of more than 400 million votes cast. "Americans are struck and killed by lightening more often," Levitt observed.

Later, in a 2014 update to his comprehensive investigation of all existing reports "voter fraud" in the U.S. over the 14 preceding years, Levitt announced evidence of just 31 cases of the type of voter fraud that might have been deterred by Photo ID restrictions out of more than 1 billion votes cast since the year 2000.

Claims of this type of "voter fraud," according to the renowned, Reagan-appointed 7th Circuit jurist, Richard Posner, are but "a mere fig leaf for efforts to disenfranchise voters likely to vote for the political party that does not control the state government"...

There is only one motivation for imposing burdens on voting that are ostensibly designed to discourage voter-impersonation fraud, if there is no actual danger of such fraud, and that is to discourage voting by persons likely to vote against the party responsible for imposing the burdens.

Posner's comments came in a federal Wisconsin case where a deeply flawed and extraordinarily partisan panel decision resulted in electoral chaos and the potential disenfranchisement of some 300,000 legally-registered Wisconsin voters during last week's Presidential Primary elections in the Badger State. That flawed decision, which upheld Wisconsin's Photo ID law as lawful, despite the trial court's very clear findings to the contrary, was allowed to stand because the full 7th Circuit Court was evenly divided (5-5) on the matter.

In Texas, however, a Republican state Attorney General has been permitted to enforce a Photo ID statute (SB-14) even after three federal courts unanimously determined that, at a minimum, the statute unlawfully violates rights guaranteed by the VRA. In Texas, mass disenfranchisement has been the product of an epic failure by our courts to uphold constitutional and statutory rights that every member of our judiciary has sworn to uphold and protect.

Unless the U.S. Supreme Court acts quickly, it could happen once again during the 2016 Presidential General election...

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