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Latest Featured Reports | Thursday, December 18, 2014
'Green News Report' 12/18/14
  w/ Brad & Desi
Nothin' but good news for a change! - NY bans fracking!; Obama protects AK's Bristol Bay!; PLUS: More indictments for 'Freedom Industries' in WV toxic chemical spill!...
Previous GNRs: 12/16/14 - 12/11/14 - Archives...
Brad on Hartmann Radio: Wrapping Up a Few More Election 2014 Races
Yes, some of us are still paying attention.
Plus: A BRAD BLOG 'Programming Note'...
'Green News Report' 12/16/14
  w/ Brad & Desi
Congress wraps for year w/ GOP anti-enviro initiatives to be signed by Prez; UN summit wraps up in Peru - ALL nations are in for Paris; PLUS: Another Bush, another climate denier...
Previous GNRs: 12/11/14 - 12/9/14 - Archives...
Bloomberg Editors Refuse to Correct Inaccurate, Misleading Photo ID Editorial
Read the 'mind-boggling' responses to BRAD BLOG's emailed explanation of blatant errors and inaccuracies in Francis Barry's op-ed...
Proponents of Oregon GMO Measure 92 Concede Defeat
Adverse court ruling, barring inclusion of 4,600 rejected ballots, signals end of road (for now) of state's most expensive campaign, decided by just 800 votes out of 1.5 million cast...
'Green News Report' 12/11/14
  w/ Brad & Desi
GOP anti-enviro wish list in "Cromnibus" bill; Crunch time at UN climate talks; Calls for an end to fossil fuels; Australia goaded into action; PLUS: CEO indicted for WV chemical spill...
Previous GNRs: 12/9/14 - 12/4/14 - Archives...
The Clint Curtis Story, Ten Years Later: A KPFK 'BradCast' Special Edition
It's been 10 years since we broke the whistleblower's claim about vote-rigging software, Rep. Tom Feeney (R) and more. So it seemed a good time to catch up with him...
SOLVED: Mystery that Flipped Maine Senate Election!
21 'phantom ballots' flipped the results of a Nov. 4th state Senate election from D to R. But a dramatic turn of events and hand-counted paper ballots have now resolved the mystery...
'Green News Report' 12/9/14
  w/ Brad & Desi
Super Typhoon Hagupit blows 2014 into record books; Doesn't look good for KXL, if Obama on Colbert Report can be believed; PLUS: Rich v. Poor divisions stall UN climate talks...
Previous GNRs: 12/4/14 - 12/2/14 - Archives...
Bad News for Fox 'News' Viewers: 'Fox & Friends' Calls for Voter Literacy Tests
If they had to pass a test on American history and government, Fox 'News' viewers, as studies show, would be in big, big trouble...
Thousands of Ballots Excluded from Oregon's GMO Ballot Measure 'Recount'
Proponents charge interference by out-of-state corporate opponents, state's failure to count legal ballots due to 'signature problems'...
NC Repubs Trying to Run-Out Clock on Voter Suppression Lawsuit (Again)?
Plaintiffs charge state attempt to reschedule next summer's federal trial 'unsupportable', 'disingenuous'...
'Green News Report' 12/4/14
Biggest German utility spins off fossil fuel assets; Fossil fuel biz running scared? FL punishes homeowners for not polluting; PLUS: MSNBC's Big Coal infomercial...
House Judiciary Letter Suggests Impeachment for Wife-Beating Judge
Bi-partisan congressmen seek update from 11th Circuit Court, cite potential impeachment of Judge Mark Fuller...
'Green News Report' 12/2/14
New UN summit underway; Record rain, drought in CA; Global cost of falling oil prices; PLUS: Legacy of world's worst industrial disaster, 30 years later...
'Recount', Concerns in AZ U.S. House Race
Razor-thin computer-reported margin, failed paper-ballot tabulators, untallied provisionals, terrible 'recount' rules leave Barber-McSally contest in AZ-2 unsettled...
'KPFK' BradCast: Maine Mystery, Ferguson Fury and Thanks for Something
'My thanks to all of you this Thanksgiving which, as a few callers reminded me, isn't nearly as terrible as it seems'...
Mysterious Ballots Flip Maine Senate Recount Result From Democratic to Republican
21 'phantom' ballots appear out of nowhere in tiny Maine town, reverse results of very close state contest...
'Recount' for Oregon's GMO Ballot Measure
Fewer than 900 votes separate 'Yes' from 'No' on 'Right to Know' Measure 92, out of more than 1.5 million paper ballots tallied by computers statewide in Nov. 4 election...
'Green News Report' 11/25/14
Cuomo blames meteorologists for his Buffalo storm fail; Canada protests another tar sands pipeline, lead's world in deforestation; PLUS: World Bank's dire warning...
No Indictment in Ferguson Shooting
A few thoughts on the St. Louis County Prosecutor's extraordinary spectacle and miscarriage of justice in the killing of Michael Brown...
NATIONWIDE STUDY FINDS ALMOST NO VOTER FRAUD
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...
VA GOP VOTER REG FRAUDSTER OFF HOOK
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...

DOJ PROBE SOUGHT AFTER VA ARREST
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...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
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...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

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

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
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...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
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...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
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...

GOP REGISTRATION FRAUD FOUND IN FL
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...


Mind-boggling response to BRAD BLOG: 'No correction warranted'...
By Brad Friedman on 12/15/2014 2:19pm PT  

A few weeks ago, Francis Barry, whose bio identifies him as having "previously served as Director of Public Affairs and Chief Speechwriter for New York City Mayor Michael R. Bloomberg," had a piece published by Bloomberg View (the op-ed arm of the Bloomberg News outlet), portending to examine whether Photo ID voting laws had an adverse effect on turnout this year.

Specifically, as the very first paragraph of his piece explained, Barry claims to have been looking at whether "voter identification laws suppress turnout" since, as he opined in the same graf, "Liberals" argue "not all citizens have the type of ID that many states now require at the polls."

The piece, headlined "Quit Blaming Low Turnout on Voter ID", went out of its way to make the case that such laws had nothing to do with turnout this year, as some states with such laws even saw higher turnout than others without them. While one could attempt to make such an argument, in this case, unfortunately, Barry used extraordinarily deceptive data and moving goal posts in order to do so, as detailed in the emails (posted below) between me, him and one of his editors.

The main trick he employed was an apples to oranges comparison of turnout rates in "21 states that had a competitive gubernatorial or Senate race", where, he misleadingly claimed, "Fourteen of the 21 states had a voter ID requirement in place, while seven didn't".

But here's the thing. Barry deceptively swapped the type of very specific Photo ID laws cited in his first paragraph, with very non-restrictive ID laws that are in use without objection in many states.

When I explained all of this in detail to him and his editors via email (all posted below), the response I received back was, as I noted, "mind-boggling, to be frank"...

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

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By Brad Friedman on 12/9/2014 6:35am PT  

We'll let our friend Cenk Uygur of The Young Turks handle this one...

"Deep irony", indeed.

In addition to the bizarre questions from Louisiana's literacy test for African-American voters in the 1960s that Cenk cites above, here are some of the ridiculously difficult questions from one of Alabama's Jim Crow-era tests [PDF] that we cited back in 2010 when immigration foe and former Republican Congressman Tom Tancredo was similarly calling for literacy tests:

"If a person charged with treason denies his guilt, how many persons must testify against him before he can be convicted?"

"If a president does not wish to sign a bill, how many days is he allowed in which to return it to Congress for consideration?"

"If the United States wishes to purchase land for an arsenal and have exclusive legislative authority over it, consent is required from [fill in the blank]."

Yes, it's ironic that these idiots from Fox "News" and elsewhere on the right seem to know so little about American history that they'd call for literacy tests for voters without understanding that such tests were found to be illegal and unconstitutional as practiced in the Jim Crow South. Aside from being ironic, however, it's also very lucky for brain-dead Fox viewers that literacy tests aren't required for voting, given that study after study after study find them among the least informed Americans.

[Hat-tip @DRTucker]

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State Republicans' attempt to delay next summer's trial described as 'unsupportable', 'disingenuous'...
UPDATE: Court Denies Motion to Delay Trial...
By Ernest A. Canning on 12/5/2014 2:03pm PT  

North Carolina Republicans are now seeking to delay the full federal trial challenging their massive election reform law, which has been described as the worst-in-the-nation and as a "monster" voter suppression law.

The tactic threatens to, once again, undermine any ruling by the court, should it be made too close to the state's 2016 elections. The trial in the case had previously been set, according to a timetable established in federal court in December of 2013, to take place during the July 2015 trial calendar. State Republicans, however, now argue that a separate state court challenge to one section of its massive voter suppression law, scheduled during the same period next summer, will "severely prejudice" their ability to defend themselves in the federal case which follows it.

Plaintiffs argue in response that the move is "another step in Defendants continued attempts to delay the ultimate resolution of this action."

The attempt to re-schedule comes from the same North Carolina Republicans who, this past October, successfully persuaded the U.S. Supreme Court to stay an appellate court order restoring a number of voter registration and voting provisions that were blocked by the state GOP's law, simply because the court order restoring those voting rights was issued too close to the Nov. 4, 2014 election.

The state's argument at the time was that "Court orders affecting elections...can themselves result in voter confusion and consequent incentive to remain away from the polls. As an election draws closer, that risk will increase."

The trial which the state is now attempting to stall is in response to the same federal lawsuit involving legal challenges to the state's Voter Information Verification Act ("VIVA"). This site, and many others, described the legislation as the "nation's worst voter suppression law since the Jim Crow era," when state Republicans enacted the extraordinarily wide-reaching restrictions on voting and registration in NC within days of the U.S. Supreme Court gutting a key portion of the Voting Rights Act in the summer of 2013...

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

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Letter to 11th Circuit from Goodlatte (R) and Conyers (D) seeks update on special probe into battery arrest of Judge Mark Fuller...
By Brad Friedman on 12/3/2014 6:05am PT  

The bi-partisan leadership of the U.S. House Judiciary Committee has sent a letter to the U.S. Court of Appeals, 11th Circuit, seeking an update on their investigation into the August domestic battery charges and prosecution against Alabama federal Judge Mark Fuller.

Judiciary Committee chair Bob Goodlatte (R-VA) and ranking Democrat John Conyers (D-MI) sent the letter on Monday to the circuit's Chief Judge Ed Carnes and to Judge Gerald Tjoflat who is heading the Special Committee convened by the 11th Circuit to investigate the wife-beating incident by the George W. Bush-appointed federal jurist.

The letter from the House Judiciary Committee raises the possibility of impeachment of Fuller. The missive follows a vow by Alabama Rep. Terri Sewell (D) to seek articles of impeachment against Fuller in the U.S. House, as well as calls by the rest of the state's Congressional contingent who have stated that the U.S. District Court Judge should resign his lifetime appointment to the federal bench.

Fuller was arrested on the night of August 9th, after his wife made a disturbing 911 call from an Atlanta hotel room requesting an ambulance, while telling the operator that the judge was "beating on her". (The audio of the call, in which she is heard being struck, is posted at the end of this article.) Police found Fuller's wife Kelli bloodied and bruised along with other signs of violence in their Ritz-Carlton hotel room. He has been allowed by the state court to enter a pretrial diversion program and will have all charges dismissed, as if the incident never happened, once he successfully completes a program of once-a-week visits with a domestic abuse counselor.

Whether or not charges against Fuller are dropped by the state judge, the U.S. Congress may impeach and remove him from his $200,000/year lifetime appointment.

The letter (posted in full below) says "The allegations against Judge Fuller raise serious, substantial and troubling questions that have been the focus of constant attention and close monitoring by the Committee on the Judiciary since August 2014 when reports first appeared of his arrest for a violation of state criminal law"...

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

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Despite 'army' of monitors and new smartphone app, discredited org uncovers just 18 'irregularities', 0 polling place impersonation...
By Brad Friedman on 11/6/2014 1:03pm PT  

[This article now cross-published by Salon...]

For some reason, this tweet of mine, from about 4am on Election Night, has become very popular...

Perhaps we can chalk up its popularity to the joke it makes of right wing groups like "True the Vote" which has, since its dubious inception, received and spent a fortune over the years tripping over its own wingnut feet to publish fake "voter fraud!" data, find itself tossed out of courts, harass legal voters attempting to cast legal votes, and otherwise make repeated jackasses of themselves by attempting to perpetuate the well-worn, but fact-shy Republican hoax that there is a massive Democratic voter fraud epidemic at our polls.

TTV was made even more famous lately when they were cited, by name, by 7th Circuit Court of Appeals judge Richard Posner, a very well-respected Reagan-appointed conservative jurist, in his recent opinion on Wisconsin's Photo ID voting law. In Posner's devastating, must-read dissent decrying such discriminatory laws, the most well-cited legal scholar of the 20th century, according to the Yale Law School's Journal of Legal Studies, described the group's "evidence" of voter impersonation fraud as "downright goofy, if not paranoid," citing "the nonexistent buses that according to the 'True the Vote' movement transport foreigners and reservation Indians to polling places" to illegally cast a ballot.

The solution to the pretend problem that TTV lies to its followers about, is, of course, polling place Photo ID restrictions that, as Judge Lynn Adelman of the U.S. District Court in Wisconsin wrote in striking down that state's discriminatory, unconstitutional law after a full trial earlier this year, serve only to "prevent more legitimate votes from being cast than fraudulent votes."

So the group's newest embarrassing failure to uncover virtually any "voter fraud" at the polling places it monitored in dozens of states during Tuesday's mid-term general elections --- with an army of righteous and disinformed civilian wingnuts armed with a brand-new smart phone app --- comes as little surprise. It is, however, kind of amusing...

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

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By Brad Friedman on 11/1/2014 6:38pm PT  

[This article now cross-published by Salon...]

Congratulations, Texas Republicans! Mission accomplished! Ya'll kept this guy from being able to cast his vote this year!...

The TX GOP has also kept a 93-year old veteran from being able to vote (because, ya know, fuck him and his "freedom") along with a whole bunch of others this year that we'll get to in a moment, thanks to their new polling place Photo ID law which was found to be both "purposefully discriminatory" and an "unconstitutional poll tax".

Unfortunately, despite the U.S. District Court judge's well-documented findings after a year-long trial process, the U.S. Supreme Court is allowing the law to be implemented this year anyway. Their apparent reason: the lower court struck down the law due to illegalities and unconstitutionalites of the Photo ID scheme, but that determination happened just too close to this year's elections to be allowed to stand this year.

But that 93-year old vet and the man pictured above, 45-year old Eric Lyndell Kennie, are hardly the only ones losing their right to vote in the Lone Star State election this year due to the Republican voter suppression scheme. The unconstitutional law, for now, replaces the state's previous Voter ID law which had already required every single voter to present an ID at the polls before voting. That's right, that was already the law since 2003, and during the trial, state Republicans were only able to demonstrate two cases of polling place impersonation over the past decade out of 20 million votes cast in the same period.

Nonetheless, with the new, much more draconian version of the law threatening some 600,000 legally registered voters who do not have the new type of ID required to vote, all sorts of disenfranchisement is already underway.

Let's start with Kennie's story, since it's both amazing and heart-breaking, even if, we fear, not particularly unusual right about now...

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

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By Brad Friedman on 10/29/2014 8:50pm PT  

With the latest KPFK/Pacifica Radio fund drive behind us, it was great to be back on the air live today with The BradCast!

Just in time for Election Day next week, we got everybody up to date on all of the terrible SCOTUS rulings in regard to GOP voter suppression from over the past several weeks --- in OH, NC, WI and TX (and an important Photo ID ruling by the state Supreme Court in AR) --- for those who may have missed our coverage during the fund drive. Now it's up to the voters to try like hell not to be disenfranchised, particularly in TX, where it won't be easy this year.

Plus, our musical tribute to touch-screen vote-flipping now taking place all over the country --- yet again! And, the latest Green News Report with Desi Doyen as the future of climate change is on next Tuesday's ballot.

Enjoy!

Download MP3 or listen online below...

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By Brad Friedman on 10/23/2014 8:05am PT  

On the stump this week for Republican candidates, NJ's Gov. Chris Christie said GOP governors need to win this year, so they can be in control of the "voting mechanisms" during what he believes might be his own run for President in 2016. He cited three races in particular, in three states that would be crucial to him as the GOP nominee, as reported by New Jersey's The Record...

Governor Christie pushed further into the contentious debate over voting rights than ever before, saying Tuesday that Republicans need to win gubernatorial races this year so that they're the ones controlling "voting mechanisms" going into the next presidential election.

Republican governors are facing intense fights in the courts over laws they pushed that require specific identification in order to vote and that reduce early voting opportunities. Critics say those laws sharply curtail the numbers of poor and minority voters, who would likely vote for Democrats. Christie - who vetoed a bill to extend early voting in New Jersey - is campaigning for many of those governors now as he considers a run for president in 2016.

Christie stressed the need to keep Republicans in charge of states - and overseeing state-level voting regulations - ahead of the next presidential election.
...
"Would you rather have Rick Scott in Florida overseeing the voting mechanism, or Charlie Crist? Would you rather have Scott Walker in Wisconsin overseeing the voting mechanism, or would you rather have Mary Burke? Who would you rather have in Ohio, John Kasich or Ed FitzGerald?" he asked.

Great questions, Governor Christie! Let's take a crack at offering some answers for ya...

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

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U.S. Veterans' Affairs ID CAN be used for voting in TX this year...
By Brad Friedman on 10/22/2014 2:35pm PT  

[This article now cross-published by Salon...]

Well, it is still very likely that some 600,000 legally registered voters in Texas will find themselves unable to vote at the polls this year in the Lone Star State, thanks to the U.S. Supreme Court's horrible weekend order leaving the state GOP's Photo ID voting law in place for now, pending the state's appeal to the ruling of a lower court earlier this month which found the law to be intentionally discriminatory and an "unconstitutional poll tax".

But at least the record on that law for now, as described in Justice Ruth Bader Ginsburg's sharp pre-dawn dissent issued Saturday morning (joined by Justices Sotomayor and Kagan) is now accurately reflected at the U.S. Supreme Court, thanks, in part, to The BRAD BLOG's questions about what appeared to be an error in her opinion.

Ginsburg had originally stated in her otherwise on-point dissent (which the 81-year old Justice literally stayed up all night working on, before releasing it at 5am ET on Saturday morning!) that Texas will not "accept photo ID cards issued by the U. S. Department of Veterans' Affairs" for voting this year.

The "good" news is, that assertion does not appear to be true, and Ginsburg, following a chain of events spurred by our background inquiry, has now corrected the record in her official opinion published by the Court.

Here's what happened...

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

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Despite uncontested findings of purposeful discrimination in the GOP law, strict new Photo ID restrictions allowed to take effect...
By Ernest A. Canning on 10/18/2014 2:52pm PT  

- with Brad Friedman

As the plaintiffs in the otherwise successful challenge to Texas Republicans' polling place Photo ID restriction law pointed out during their emergency petition to the U.S. Supreme Court earlier this week --- after an appeals court panel had temporarily stayed a lower court's determination that the law was discriminatory and thus, stricken down --- it was the High Court itself which, when it gutted a central provision of the Voting Rights Act last year, promised there were other provisions still standing in the landmark VRA that could adequately be used to prevent discriminatory voting laws in all 50 states.

"Our decision in no way affects the permanent, nationwide ban on racial discrimination in voting found in [Section] 2" of the Voting Rights Act, the John Roberts Supreme Court majority declared at the time. Apparently they were just kidding.

As the plaintiffs in the case persuasively argued in a filing at the court on Friday, "If voters cannot be protected after findings --- including a finding of intentional racial discrimination --- and a permanent injunction in a case where there was a year of discovery, nine days of trial, and an exhaustive, comprehensive District Court opinion, then when will they be?"

The answer to that question came back from the Court in the form of a pre-dawn order [PDF] issued Saturday morning upholding the appellate court's ruling that, even though the law, SB 14, is discriminatory, as found by the lower court after a full trial on the merits, the Photo ID restrictions that are likely to disenfranchise some 600,000 legally registered and disproportionately minority voters in the Lone Star State will be back in effect for this November's mid-term elections.

The trial earlier this year, challenging the law under both the U.S. Constitution and Section 2 of the Voting Rights Act --- the section that SCOTUS had previously announced was more than adequate to protect voters --- determined that the Texas law "creates an unconstitutional burden on the right to vote, has an impermissible discriminatory effect against Hispanics and African-Americans, and was imposed with an unconstitutional discriminatory purpose." U.S. District Court Judge Nelva Gonzales Ramos also found in her 147-page ruling, that "SB 14 constitutes an unconstitutional poll tax."

Texas had already required ID for every single polling place voter in the state from 2003 to 2013, and even though state Republicans' even more extreme version of Photo ID restrictions on voting instituted by SB 14 had already been found racially discriminatory by the U.S. Dept. of Justice and again by a U.S. District Court in D.C. based on data supplied by the state of Texas itself, and now, once again, found both discriminatory and unconstitutional by a U.S. District Court in Texas after a full trial, the U.S. Supreme Court upheld an appellate court stay issued this week on the basis that the lower court's ruling came just too close to the election to change the rules at this point.

The 5th Circuit Court of Appeal had reasoned that it was better for all 600,000+ voters to face potential disenfranchisement under the racially-motivated law, rather than just a few who might face a poll worker that didn't receive adequate notice that the more restrictive ID law --- the one allowing concealed weapons permits, but not state-issued Student IDs, the one that doesn't even allow U.S. Government Veterans IDs as proof of identity for voting --- had been approved for use. It appears that a majority of Supreme Court Justices agreed.

Like the appellate court, the SCOTUS majority did not dispute any of the District Court's findings nor explain why those findings did not outweigh the "potential" disruption of the Lone Star State's electoral apparatus on the eve of an election. Its cursory order, however, leaves no room for doubt that the Court has expanded what is known as "the Purcell principle" so that, no matter how egregious the law in question, no matter the evidence establishing deliberate racial discrimination and widespread disenfranchisement, the Court will apply a per se rule that an injunction barring the illegal disenfranchisement of voters will be stayed if it is issued in close proximity to the start of an election.

While the SCOTUS majority failed to offer a written opinion to explain their decision to allow massive disenfranchisement in Texas this year, Justice Ruth Bader Ginsburg, writing on behalf of herself and Justices Sotomayor and Kagan, provided a tightly written dissent offering documented facts and uncontested evidence to support her opinion that the Supreme Court should have vacated the 5th Circuit's last minute stay of the lower court ruling...

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

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-> Stand-alone video of the 911 AUDIO from Fuller's second wife Kelli
PLUS: Still-imprisoned Gov. Don Siegelman, another victim of Fuller's perfidy, finally comments on reports of federal judge's repeated domestic abuse...
By Brad Friedman on 10/17/2014 6:02am PT  

[This article now cross-published by Salon...]

Recently, the attorney for U.S. District Court Judge Mark Fuller (Middle District of Alabama) described the incident where the federal judge was arrested and charged for beating his second wife bloody in an Atlanta hotel room in early August as overblown.

This week, his attorney went further in describing allegations that Fuller similarly beat his first wife as little more than "nonsense" and "gossip".

Also this week, Fuller's most famous "victim", former Alabama Gov. Don Siegelman (D), has finally spoken out about the entire sordid business.

Fuller's Alabama attorney Barry Ragsdale says that it was only after the release of a video showing an NFL superstar knocking out his then-fiancée in a hotel elevator in Atlantic City that people began to care in the least about a federal judge who, according to the police, repeatedly struck and kicked his second wife Kelli and dragged her around the hotel room by her hair.

"It got caught up in the Ray Rice and NFL scandals, and it's gotten lumped into a category of domestic violence that I don't think it belongs in," Ragsdale said in his attempt to marginalize the incident on behalf of his client, according to the Montgomery Advertiser. "There was not a beating, kicking or slapping in this instance," he says.

Really? Is that the case? Well, aside from the wife, the police and the evidence at the scene suggesting otherwise, let's review the audio from Kelli Fuller's 911 call again to help determine if Ragsdale's claim is credible.

Since the audio, as we originally posted it here last month, was buried inside of a longer video segment from Chris Hayes' MSNBC show, we've taken the liberty to pull out just the audio from the call itself, as played on MSNBC, to put it into its own standalone video for easy reference. Here ya go...

Really, Mr. Ragsdale? No "beating, kicking or slapping in this instance"? The 911 audio evidence strongly suggests otherwise, as did the lacerations and bruises reportedly found on Kelli Fuller's face and legs, the hair found on the floor in the room, and the blood discovered in the bathroom when police responded at the Ritz-Carlton.

We wonder if Fuller, a 2002 George W. Bush lifetime appointee to the federal bench (unless he resigns or is impeached by Congress) with a record for failing to recuse himself when presiding over trials of political opponents, would be impressed with the audio evidence from the 911 call and the testimony of police if it was presented in his court room.

In any event, Ragsdale went on to describe the reaction from the public and the calls for the federal Judge's resignation and/or impeachment from the entire Alabama Congressional delegation (including both of the state's U.S. Senators and all five Congressmen and women), the state's Governor, senior federal judges, and all sorts of newspapers from Alabama (here, here and here) to Washington D.C. as merely "overblown"...

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

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Case against GOP Photo ID voting law in Lone Star State is very different than recent cases before the Court, plaintiffs argue
UPDATE: Texas responds, blames 'emergency' on plaintiffs' rush to have case tried before the election...
By Ernest A. Canning on 10/16/2014 1:09pm PT  

Attorneys for U.S. Congressman Mark Veasey (D-TX) and other plaintiffs have filed an Emergency Application[PDF] with the U.S. Supreme Court, seeking to restore a lower court ruling that struck down the law last week as intentionally discriminatory and an unconstitutional poll tax. That initial U.S. District Court ruling was subsequently stayed by the 5th Circuit Court of Appeals earlier this week.

Veasey's application was followed by the filing of another Emergency Application [PDF] by the United States Department of Justice (DoJ). Both were filed with Justice Antonin Scalia who oversees the 5th Circuit. Scalia has instructed the DoJ to respond by 5p ET on Thursday.

Both applications to SCOTUS were filed in the case of Veasey v. Perry in which a U.S. District Court, after a full trial on the merits, imposed a permanent injunction, preventing the State of Texas from implementing the nation's strictest photo ID law, Senate Bill 14 (SB 14).

The District Court determined that, if implemented, SB 14 could disenfranchise more than 600,000 registered Texas voters who are disproportionately black and Hispanic. The District Court not only ruled that SB 14 violated the U.S. Constitution, the Voting Rights Act (VRA) and amounted to an unconstitutional poll tax, but expressly found that it was passed as the result of deliberate and willful racial discrimination.

The emergency petitions ask that the Supreme Court lift the U.S. 5th Circuit's 11th hour stay of the injunction so as to prevent electoral chaos and confusion in the rapidly approaching November election. In the first petition, the Veasey plaintiffs argue that what the 5th Circuit did in this case --- stay a permanent injunction that was issued on the basis of a District Court finding of intentional discrimination after a full trial on the merits --- was "virtually unheard of" in the annals of American jurisprudence.

Plaintiffs contend that the 5th Circuit misapplied a leading Supreme Court case, Purcell v. Gonzalez [PDF] (2006) pertaining to the issuance of injunctions on the eve of a pending election. That case does not, as the 5th Circuit ruled, mandate a per se rule that always precludes changing a law immediately prior to an election. The DoJ contends that no such per se "rule exists, and the court of appeals clearly and demonstrably erred in failing to apply the established stay factors."

Instead, plaintiffs forcefully argue, "The Purcell principle", mandates that an appellate court give deference to the factual findings of the District Court. The 5th Circuit, they add, erred by ignoring the requirement of Purcell that Texas prove it would likely succeed on an appeal. The 5th Circuit also erred, they say, because it failed to balance the state's allegations about possible confusion that might ensue from implementing pre-SB 14 law against the "actual" confusion, chaos and mass disenfranchisement that the District Court, based upon uncontested evidence, concluded would occur if SB 14 is enforced in the November 4th election (early voting begins in TX on October 20th).

"Imagine that a state passed a law, six months before an election, stating that 'Negroes cannot vote,'" the plaintiffs write. "It would be ludicrous for an appellate court to turn around and stay that injunction because of some per se rule that election laws can never change immediately prior to elections"...

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By Brad Friedman on 10/15/2014 11:15pm PT  

Well, KPFK/Pacifica Radio is still on fund drive this week, but there is just too much going on to not do a new BradCast for my network affiliate stations and for you.

So, instead of live from the KPFK studios this week, we are once again "live" from BRAD BLOG World News Headquarters once again for this week's show. (If you heard last week's episode/primal scream, you'll be happy to know that the news this week is considerably more encouraging!)

Having trouble keeping up with the very latest on all of the on again/off again GOP voter suppression laws across the country just over two weeks before Election Day? Me too! So, if you missed any of our roller coaster coverage here at the blog, on all the fine messes over the past week or so, I try to get you all caught up on what you need to know about the latest in the court battles over the unconstitutional Republican Photo ID voting restrictions in Wisconsin, Arkansas and Texas...and on the one devastating appellate court opinion that might ultimately kill them all once and for all.

Buckle up (and please feel free to drop something in the BRAD BLOG Tip Jar while you're listening!)...

Download MP3 or listen online below...

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Appellate judges do not challenge lower court findings, but worry about 'confusion', SCOTUS precedent on late voting law changes
UPDATE: Plaintiffs file Emergency Application to Vacate the Appellate Court ruling with SCOTUS...
By Brad Friedman on 10/14/2014 7:21pm PT  

[This article now cross-published by Salon...]

This is not unexpected, though its still disturbing to those concerned about voting rights and the possibility that more than half a million legally registered voters in Texas may not be allowed to vote in this November's election.

A three judge panel on the 5th Circuit Court of Appeals has, for now, blocked the U.S. District Court's ruling last week in Texas, issued after a full trial on the merits of the law, which had struck down state Republicans' polling place Photo ID voting restriction after finding it deliberately discriminatory and a violation of the U.S. Constitution and federal Voting Rights Act.

Following Tuesday's order by the 5th Circuit [PDF] reversing the lower court ruling, for now, the plaintiffs challenging the state statute said, almost immediately, that they plan to file an emergency appeal with the U.S. Supreme Court to put the law back on hold before the November elections.

Voting rights proponents worry that, if the Court holds true to its recent rulings in voting rights cases in NC, in OH and, most recently, in WI, they are likely to allow TX' discriminatory law to stay in place this November, pending a full hearing on the merits at a later date.

There is, however, some important differences in the TX case than in those other three, which we'll explain in a moment.

Texas had appealed the initial 147-page ruling [PDF] by U.S. District Court Judge Nelva Gonazles Ramos, issued last week, which found that the Texas Photo ID voting statue, SB 14, "creates an unconstitutional burden on the right to vote, has an impermissible discriminatory effect against Hispanics and African-Americans, and was imposed with an unconstitutional discriminatory purpose." She also determined that the state requirement that voters produce one of a few very specific types of state-issued Photo ID when voting at the polling place amounted to an "unconstitutional poll tax", since all such ID requires at least some payment by voters...

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By Brad Friedman on 10/13/2014 4:25pm PT  

Hopefully you've read the amazing opinion offered by the conservative, Reagan-appointed appellate court Judge Richard Posner by now, absolutely demolishing both Wisconsin's Republican-enacted Photo ID voting law, and pretty much all others --- including the first-in-the-nation such law in Indiana that Posner himself was responsible for upholding back in 2008!

If not, go read it and then come back. It's that good and that important. Either way, we may have a bit more to say about it in the near future, as it's an absolutely landmark opinion on this issue --- one that we've been covering at The BRAD BLOG for more than a decade now --- even as a dissent.

But there's one fairly amazing sidebar to all of this, at least to me, that I've been meaning to note here --- if only because it seems so bizarre...

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

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