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Latest Featured Reports | Monday, May 25, 2015
Gov. Don Siegelman's Son on Father's Case; 'Bin Laden's Bookshelf': 'BradCast' 5/22/15
GUEST: Joseph Siegelman; Plus: Was al-Qaeda hoping to hack a US election?...
'Bin Laden's Bookshelf' Contained Classic Book on Hacking Computer Elections
Reading material said to have been on the al-Qaeda leader's shelf when he was killed may not be a surprise to BRAD BLOG readers...
GOP State Sen. on Nebraska's 'Veto Proof' Death Penalty Ban: 'BradCast' 5/21/15
Guest: State Sen. Al Davis (R); Plus: Siegelman appeal denied; Jeb still rewriting Iraq history; Goodbye, Dave; MORE...
'Green News Report' 5/21/15
  w/ Brad & Desi
Major oil spill off CA coast; New settlement in 2010 BP Gulf Oil Spill; Fossil fuels subsidized $5 TRILLION/year; PLUS: Obama to Coast Guard cadets: climate threatens NatSec...
Previous GNRs: 5/19/15 - 5/14/15 - Archives...
BREAKING: Appeals Court Denies Siegelman Retrial
AL's former Dem Governor's request denied. He remains in federal prison as Repubs who orchestrated 'political prosecution' (including 'wife-beating' Judge Mark Fuller) remain free...
Walker, Christie, GOP, FCC, Untethered From Reality: 'BradCast' 5/20/15
Facts and reality matter; Journalist turned media-activist Sue Wilson helps explain...
Rep. Hank Johnson (D-GA) on Obama's Executive Order to Demilitarize the Police: 'BradCast' 5/19/15
Plus: A spate of new voting laws, good and bad, around the country...
'Green News Report' 5/19/15
  w/ Brad & Desi
'The Paddle in Seattle' to stop Shell's Arctic drilling; Study finds new emmissions rules will save lives...so GOP blocking them; PLUS: Indigenous tribe nixes natural gas billions...
Previous GNRs: 5/14/15 - 5/12/15 - Archives...
Walker and GOP Turn First Amendment On Its Head
The FCC's blow to free speech rights you probably never heard about, and how, if Walker and Republicans have their way, it may soon get even worse...
People v. Shell in Seattle; Truth v. Iraq Lies on Fox:
'BradCast' 5/18/15
Guest: Seattle Councilman Mike O'Brien; Now Rubio trips over Iraq; TX shootout; Antarctica ice shelf disappearing; MORE...
The 'Br'er Rabbit Strategy' To Fend Off A Sanders-Led Democratic Revolution
Wall Street and the corporate MSM tell us they fear Bernie Sanders could 'pull Hillary to the left'. But is there more to their strategy?...
Sunday Toons: Off the Rails
From the TPP deal to tragedy in Philadelphia to the GOP 2016ers on Iraq to drilling in the Arctic and marriage equality in Texas, common sense continues to be derailed...
Learning From History
& GOP Rewriting Iraq's: 'BradCast' 5/15/15
Guest: Journalist Peter Dykstra, formerly of CNN, on how enviros should learn from the past; GOP 2016ers trying to rewrite Iraq...
Texas Republicans Hoping to Block Even More Legit Voters With New ID Scheme
New law, if adopted by state, would take already unconstitional Photo ID voting restrictions to new level...
NSA Spying & 'USA Freedom Act'; Dumb Jeb Still Between Iraq, Hard Place: 'BradCast' 5/14/15
Guest: Marcy Wheeler; Plus: Feingold's back! OH GOP still suppressing voters; 600th GNR...
'Green News Report' 5/14/15
  w/ Brad & Desi
OUR 600th EPISODE! -- Hours after Amtrak crash, GOP votes to cut Amtrak budget; FBI spied on Keystone XL protesters; PLUS: Hawaii to be 1st in nation to go 100% renewable...
Previous GNRs: 5/12/15 - 5/7/15 - Archives...
CIA Drugging of 9/11 Detainees? & Jeb Too Dumb to Run: 'BradCast' 5/13/15
VICE News' investigative reporter Jason Leopold on his new exclusive CIA documents; MORE...
Dems: 'No' to Obama on TPP
'BradCast' 5/12/15
Salon's David Dayen joins us to discuss Dems' refusal to go along with their President (for now); Plus: First election lawsuit of 2016; Jeb on Iraq, Allen West on 'Sharia Law'; MORE...
'Green News Report' 5/12/15
  w/ Brad & Desi
Fire & oil spill at NY nuke plant; Shell approved for Arctic drilling; More CA water cuts; GOP slashes NASA Earth research; PLUS: Solar-powered plane's most dangerous journey...
Previous GNRs: 5/7/15 - 5/5/15 - Archives...
NY Nuke Plant Fire, Oil Spill; NC's Mysteriously Vanishing Voter Registrations:
'BradCast' 5/11/15
Guests: Tyson Slocum of Public Citizen; 'DocDawg' of Daily Kos...
Bernie Who? 'Meet the Press' Ignores Sanders
Media watchdog documents NBC's Chuck Todd snubbing Sanders' entry into 2016 Presidential primary, while covering GOP also-rans dozens of times...
Sunday Toons: 'Loon Star State' and Beyond
It's getting crazy in Texas and in the GOP 2016 race and...oh...just pick a place...
Unverifiable Voting Machines (& How to Hack Them): 'BradCast' 5/8/15
Guest: Computer scientist Jeremy Epstein of Verified Voting on the decertification of 1/5 of Virginia's voting machines; MUCH MORE...
Broken Political Machines (& How to Fix Them): 'BradCast' 5/7/15
Guests: TX blogger Perry 'PDiddie' Dorrell on Rick Perry's felonies; Ernie Canning on Bernie Sanders and the 'democracy deficit'; & MORE...
'Green News Report' 5/7/15
Huge, political win for progressives in Alberta; New rules for oil 'bomb trains'; C02 emmissions milestone; PLUS: Elon Musk and Tesla revolutionize batteries...again...
Rep. Bob Inglis (R-SC) and the Conservative Case for Climate Action: 'BradCast' 5/6/15
Finally! A Republican on The BradCast! Plus: Fox 'News' v. RWers; Another oil train explosion in ND and more!...
Perry's Ace in the Hole in Felony Trial
The former TX Governor is preparing to run for President, even while facing felony charges. He doesn't seem worried. Maybe this is why...
Equal Justice for All?: 'BradCast' 5/5/15
Constitutional law expert and reporter Ian Millhiser on last week's oral hearings in the landmark marriage equality case at SCOTUS. Plus: 'BridgeGate'; Huckabee; more...
'Green News Report' 5/5/15
2016 GOP nomination race just doubled in size with Carson, Fiorina, Huckabee (deniers all) all jumping in; PLUS: The Pope's moral message on climate change...
'Free Speech' Versus 'Hate Speech': 'BradCast' 5/4/15
Brad and comedian Jimmy Dore continue debate they've had since 'Charlie Hebdo' following another 'Mohammed cartoon' shooting; Plus: FEC dysfunction & more...
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...


By Brad Friedman on 10/25/2012 1:25pm PT  

I'll let Rachel Maddow share this one with ya...


At least that scenario offers Constitutional road maps for guidance. That's better than a lot of the other nightmare scenarios that have been dancing around in my head of late.

Either way, sleep well!

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Republican Sec. of State Husted finally forced to announce Early Voting hours for final three days before Election Day...
UPDATE: Order denying stay issued by entire Court without dissent
By Ernest A. Canning on 10/16/2012 3:12pm PT  

The old baseball adage that three strikes and you are out applies to Ohio's Republican Secretary of State Jon Husted and his underhanded effort to emulate his predecessor, the infamous J. Kenneth Blackwell (R), by preventing Early Voting for all over the last three days before the November 6, 2012 election.

That effort, to restrict voting in those days to active-duty military voters only, was first rejected by U.S. District Court Judge Peter Economus (strike one!) whose decision was upheld in all aspects by a three judge panel of the U.S. Sixth Circuit Court of Appeal --- strike two!

Now comes an order from the U.S. Supreme Court summarily rejecting Husted's eleventh hour request for a stay of Judge Economus' decision --- strike three!

When Brad Friedman interviewed the former Democratic Ohio Sec. of State Jennifer Brunner in mid-August, she explained how Husted's efforts to limit early voting were "clearly aimed at 'Souls to the Polls,'" the very successful effort by African-American churches to encourage their congregations to get out and vote on the Sunday before Election Day. During the 2008 election, nearly 100,000 largely Democratic-leaning voters cast their vote over that weekend.

Husted, who previously backed off an earlier effort to obstruct Judge Economus' initial order, filing an apology to the court in early September, has now issued a directive informing all County Election Boards "to open for early voting from 8 a.m.-2 p.m. on Nov. 3, 1-5 p.m. on Nov. 4 and 8 a.m.-2 p.m. on Nov. 5," according to the Chicago Tribune.

Contrary to the initial lie spun by the right wing echo chamber and by Mitt Romney himself, this case in no way impacted the right of military voters to cast Early Absentee ballots. To the contrary, it assured that all lawfully registered voters could do so.

This is a very clear victory for democracy.

UPDATE: The order [PDF] reveals that although Husted filed the application for a stay with Justice Kagan, she referred the request "to the Court," which, in turn, denied the stay without any dissents.

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Petitoners argue Judge's suggested partial injunction would disenfranchise voters, violate state Supreme Court's mandate...
By Ernest A. Canning on 9/30/2012 9:30pm PT  

A Pennsylvania Commonwealth Court judge may be on the verge of "splitting the baby" in his latest ruling on the challenge to the state Republicans' polling place Photo ID law, despite a clear mandate from the state Supreme Court ordering him to either find the new law will not disenfranchise any voters this year, or block it entirely with an injunction.

Last Friday, attorneys representing the petitioners in a lawsuit challenging the legality of the state GOP's draconian polling place Photo ID law, filed a 26-page Post Hearing Brief [PDF] in which they counseled Commonwealth Judge Robert E. Simpson not to defy the state Supreme Court by issuing only a "limited injunction" in the case.

Such a ruling, they argue, could force a minimum of 90,000, but perhaps as many as 1.6 million voters who lack the requisite Photo IDs, to cast provisional ballots --- which are sometimes counted, sometimes not --- during the Nov. 6, 2012 election.

The brief was filed one day after Judge Simpson informed the parties to the case that, despite evidence that there was no conceivable means by which the Commonwealth could supply all of the otherwise eligible voters with the requisite Photo IDs now needed to vote under the new law before the Nov. 6 election, he was inclined to enjoin only that portion of the Photo ID law's provisional ballot section that contains disenfranchising language.

Petitioners contend not only that such an injunction would defy the mandate laid down by the Supreme Court when it vacated Judge Simpson's previous order earlier this month, denying their request for a preliminary injunction, but that it would amount to an "inadequate remedy" that would create "a bifurcated system" that would entail a "naked disenfranchisement" of untold numbers of previously-eligible voters.

From the content of the brief, it is clear that unless Judge Simpson issues a full preliminary injunction barring enforcement of the Photo ID law with respect to the Nov. 6 election, this case will be headed back to the Pennsylvania Supreme Court once again, just over 30 days before the Presidential Election...

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

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Rollback of existing voting rights presents significant legal issues...
By Ernest A. Canning on 9/24/2012 6:35am PT  

The veteran's advocacy group, VoteVets.org filed an amicus curiae brief [PDF] last Wednesday in support of U.S. District Court Judge Peter Economus' recent order compelling Ohio Secretary of State Jon Husted (R) to restore Early Voting for all registered Ohio voters during the three days immediately preceding the Nov. 6, 2012 election.

The order came in response to a lawsuit filed by the Obama Campaign challenging the Buckeye State Republicans attempt to restrict voting in that period to all but active duty military. The Romney Campaign supported the Republican attempt to restrict the voting rights that had previously been shared by all state residents.

In their brief, VoteVets argues that Husted's directive adversely affects the voting rights of Ohio's more than 900,000 veterans, including more than 90,000 disabled veterans, many of whom are incapable of standing in long lines on Election Day.

The brief also alleges that the Republicans' new restrictions on Early Voting, for all but active duty military in the Buckeye State during those three days, could also arbitrarily deprive many active members of the armed forces of their right to cast an early in-person absentee ballot as well. This can occur, says the group, because Husted left the decision whether "to open those three days for in-person voting by [active military] voters...[to] the discretion of the individual county boards of elections."

The point also raises another salient legal issue, not fully considered by many of the Election Law experts who have weighed in on both the specific and broader implications of the Secretary of State's pending, expedited appeal of Judge Economus' recent decision to restore those three days of Early Voting for all...

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

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They also hope voters have forgotten what actually happened during the Badger State's recent recall elections...
By Brad Friedman on 9/17/2012 2:06pm PT  

As we noted late last Friday, as the news was just breaking, a WI judge has overturned Republican Gov. Scott Walker's controversial anti-union law which had taken away most collective bargaining rights from most citizens who are employed as public workers in the state. In his ruling, Dane County Circuit Judge Juan Colas found the law to be in violation of both the state and U.S. Constitution and is, barring overturn by appeal at the state Supreme Court, now "null and void."

As is expected in such cases by now, rather than critiquing the ruling itself, Walker immediately attempted to smear the Dane County Judge who issued it as a "liberal activist judge." Nothing new there. When Republicans don't have their way in court, it's always due to "liberal activist judges," even when the courts are not quite activist enough for their tastes in other instances (see their fury after the U.S. Supreme Court refused to overturn "ObamaCare," for instance).

But there was another interesting response to the ruling from Walker and his fellow partisans following the ruling on Friday, which seems to suggest they haven't a clue about how the court system works, how the U.S. Constitution is supposed to work, or even how representative democracy works. Either that, or they simply don't care and feel it's just more important to continue scamming their gullible constituencies then it is to be honest about what actually happened on Friday.

Making matters worse though, not only are they wrong about matters of how democracy and the court system works, they are also wrong on their facts as well, even if they hope nobody will notice...

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

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At least by his own moveable standards...
By Ernest A. Canning on 9/17/2012 10:50am PT  

On Friday, ABC's George Stephanopoulos caught Republican Presidential nominee Mitt Romney speaking out of both sides of his mouth. (Not that it's all that hard to do.)

As TPM's Josh Marshall described the remarks --- tongue only somewhat in cheek --- "Romney Apologizes to Muslim Rioters".

Romney, over the course of his lengthy ABC interview, finally acknowledged that the statement issued by the Cairo Embassy condemning "the continuing efforts by misguided individuals to hurt the religious feelings of Muslims --- as we condemn efforts to offend believers of all religions" was made before the protests began.

However, the GOP candidate, who had shamelessly seized upon that statement to falsely accuse the Embassy and President Obama of having "sympathize[d] with those who waged the attacks," evaded a direct answer to Stephanopoulos' direct question: "Where do they show sympathy for those who waged the attacks?"

Instead, Romney insisted it was "inappropriate" for the Cairo Embassy to leave the statement up on its website after its wall was breached. "The statement was reiterated after they had breached the sovereignty of the embassy," Romney proclaimed.

After its wall was breached, the Cairo Embassy tweeted: "This morning's condemnation (issued before protest began) still stands. As does our condemnation of unjustified breach of the Embassy."

Without explaining why he felt it was inappropriate for the Embassy to retain its condemnation of the film's scurrilous slander of the prophet Muhammad while simultaneously condemning the "unjustified breach of the Embassy," Romney followed up with a criticism of the film that was virtually indistinguishable from that which had been initially issued by the Cairo Embassy...

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

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State vows to appeal decision of 'liberal activist judge'...
By Brad Friedman on 9/14/2012 3:05pm PT  

Just breaking from AP:

MADISON, Wis. - A Wisconsin judge has struck down the state law championed by Gov. Scott Walker that effectively ended collective bargaining rights for most public workers.

Dane County Circuit Judge Juan Colas ruled Friday that the law violates both the state and U.S. Constitution and is null and void. The ruling comes after a lawsuit brought by the Madison teachers union and a union for Milwaukee city employees.

Walker spokesman Cullen Werwie says he is confident the decision will be overturned on appeal.

It was not clear if the ruling means the law is immediately suspended. The law took away nearly all collective bargaining rights from most workers and has been in effect for more than a year.

* * *

UPDATE: In a series of tweets posted just moments after the verdict was announced by AP, Walker responds to the ruling:

The people of Wisconsin clearly spoke on June 5th. Now, they are ready to move on. Sadly a liberal activist judge in Dane County ... wants to go backwards and take away the lawmaking responsibilities of the legislature and the governor. ... We are confident that the state will ultimately prevail in the appeals process.

UPDATE 9/15/12: Much more now on the Judge Colas' ruling now from Milwaukee's Journal-Sentinel...

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Questions raised about GOP nominee's fitness to serve
UPDATED: Obama says Romney 'shoots first, aims later'...
By Ernest A. Canning on 9/12/2012 1:05pm PT  

"It's disgraceful," Republican Presidential nominee Mitt Romney proclaimed, "that the Obama administration's first response was not to condemn attacks on our diplomatic missions, but to sympathize with those who waged the attacks."

Except, none of what Romney said was actually true.

While factual misrepresentation has proved to be a hallmark of the Romney/Ryan campaign (e.g. the lie that Obama stole $716 billion from Medicare to fund "Obamacare" or the bogus claim that the President's Ohio lawsuit, which sought to open Early Voting for all, was actually an effort to suppress the military vote), the effort to exploit a tragic assault that killed U.S. Ambassador Chris Stevens and three of his aides was seen by Robert Dreyfuss of The Nation as so despicable as to "disqualify" Romney as a candidate for our nation's highest office.

The statement which Romney seized upon was not made by the President or anyone on its staff, but from the Cairo Embassy. More importantly, Michael Tomasky of The Daily Beast observed, the Cairo Embassy statement was issued before either it or the U.S. Consulate in Benghazi was attacked.

For the same reasons expressed by General David Petraeus two years ago when he warned that a plan to commemorate 9/11 by burning Qurans would endanger U.S. troops in Afghanistan, the U.S. Embassy in Cairo had sought to prevent a violent reaction by condemning "the continuing efforts by misguided individuals to hurt the religious feelings of Muslims --- as we condemn efforts to offend believers of all religions."

Nonetheless, TPM's Benjy Sarlin notes that Romney shamelessly refused to back off his inaccurate critique of the President --- in the midst of a very live, ongoing crisis during which the whereabouts of a U.S. Ambassador remained unknown --- even when confronted by reporters about the chronology of events, because the Cairo Embassy apparently was not as swift as Romney felt they should have been in taking down their tweets in the wake of a violent assault on their Embassy and the one in Libya. Romney insisted the President was responsible for the Embassy's statement, which statement, the GOP Presidential candidate claimed, was "akin to [an] apology."

In truth, neither the President nor the Embassy "sympathized" with the attack or the attackers. To the contrary, the Cairo Embassy followed the attack with this tweet (emphasis added): "This morning's condemnation (issued before protest began) still stands. As does our condemnation of unjustified breach of the Embassy."

But the incident has turned out to be rather revealing about the GOP nominee's readiness to serve as President of the United States...

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

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By Ernest A. Canning on 9/10/2012 6:35am PT  

Chalk up another blow to transparency and an informed electorate, and another judicial victory for the democratic perversion known as corporate "free speech."

Last week, in Minnesota Citizens for Life, Inc. v Swanson, six of the eleven jurists serving on the U.S. Eighth Circuit Court of Appeal struck down the provisions of a Minnesota statute requiring corporations which create separate political funds in excess of $100 to file periodic financial disclosure reports with the state.

The case had been filed by three corporations, all of which contended that the reporting requirements were so onerous as to amount to a de facto ban on corporate free speech that violated Citizens United vs. Federal Election Commission [PDF]. That argument had been rejected first by a U.S. District Court Judge and then by way of a 2-1 Eighth Circuit panel decision. The majority on that panel had noted that even Citizens United recognized the government's right to "regulate corporate political speech through disclaimer and disclosure requirements" so long as the government did "not suppress that speech altogether."

On rehearing before the full 8th Circuit, Chief Judge William C. Reilly, a George W. Bush appointee, writing for the six member majority, acknowledged that the Minnesota statute "does not prohibit corporate speech." The majority ruled, however, that that state statute entailed excessive regulation which included an "ongoing" reporting requirement on the part of the corporate political fund that continues unless or until the corporation dissolves the fund. Chief Judge Reilly described that burden as both "onerous" and "monstrous."

The five dissenting jurists, which also included George W. Bush appointees, vigorously disagreed...

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

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Republican Jon Husted rescinds Directive after being summoned to personally appear before judge...
By Brad Friedman on 9/7/2012 2:55pm PT  

Secretary of State Jon Husted (R) has apologized to a U.S. District Court judge who ruled against him last week, after the Secretary appeared to have tried to undermine the court's ruling, pending an appeal by the U.S. Sixth Circuit Court of Appeals. The apology came in a motion today, after Husted was ordered by the judge to personally appear for a hearing next week.

As we reported last Friday, U.S. District Judge Peter Economus ruled in favor of a lawsuit filed by the Obama campaign and the Democratic Party, finding that Ohio's restriction on Early Voting in the final three days before the election --- for all but active-duty military --- was a violation of the U.S. Constitution's Equal Protection Clause.

In his ruling [PDF], Economus ordered the Secretary of State to restore Early Voting "on the three days immediately preceding Election Day for all eligible voters," just as it had been successfully implemented during the 2008 election, as the previous Sec. of State Jennifer Brunner, a Democrat, described to us during a recent interview. At the same time, the judge had also instructed the Buckeye State's current Secretary to "direct all Ohio elections boards to maintain a specific, consistent schedule on those three days, in keeping with [Husted's] earlier directive that only by doing so can he ensure that Ohio's election process is 'uniform, accessible for all, fair, and secure.'"

In response, rather than issuing a directive with uniform hours for voting in those three days before the November Presidential election, Husted issued a Directive on Tuesday notifying the state's 88 county Boards of Election that they should not establish hours for voting in those days, as the state was filing an appeal in the case.

"Announcing new hours before the court case reaches final resolution will only serve to confuse voters and conflict with the standard of uniformity," Husted wrote in the Directive, adding, "I am confident there will be sufficient time after the conclusion of the appeal process to set uniform hours across the state."

This afternoon, after being summoned to court in response to that Directive, Husted rescinded it and the state filed a motion [PDF] apologizing for what was interpreted as him having attempted to place his own personal stay on Economus' order. "The Secretary apologizes to the federal district court for creating that misimpression and has rescinded [the] Directive," the state writes in the motion, which seeks an official stay on the ruling, pending the Sixth Circuit's expedited appeal...

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

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By Brad Friedman on 9/5/2012 4:10pm PT  

I'd say I was stunned to see a local TV news reporter --- any TV news reporter, frankly --- asking the President directly about his targeted assassinations of U.S. citizens, except that the reporter was Cincinnati Fox 19's Ben Swann.

Swann's reporting was key last February, in covering the Maine GOP's attempt to steal the state's caucuses for Mitt Romney, while largely everyone else in the corporate mainstream media had dutifully moved on to whatever the "next state" was at the time.

As Glenn Greenwald tweeted, here we find a "local anchor doing real journalism". Imagine that. Someone get this guy a network gig, please!

Here's his questions to President Obama last night on the U.S. drone strikes which targeted U.S. citizens Anwar al-Awlaki and his teenage son in Yemen, both without any form of due process...

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By his own admission, they argue, hundreds of thousands of legal voters may be disenfranchised by the GOP-enacted law...
By Ernest A. Canning on 9/4/2012 6:35am PT  

The petitioners challenging the Republican polling place Photo ID restriction law as a violation of the state Constitution in Pennsylvania, have filed their appeal to the state's Supreme Court, after being caught off-guard by a surprising and stinging defeat at the hands of a Republican Commonwealth Judge last month.

In their 68-page Pennsylvania Supreme Court brief [PDF], the petitioners in Applewhite vs. Commonwealth of Pennsylvania set forth a compelling legal case to demonstrate the need for a preliminary injunction in advance of the November 2012 President Election in order to prevent what they describe as the potential disenfranchisement of hundreds of thousands of lawfully registered voters.

The brief does much more than simply urge that Commonwealth Judge Robert E. Simpson, erred in applying the federal "minimum scrutiny" standard instead of subjecting Photo ID to "strict scrutiny" under state law because, they argue, it threatens to deprive hundreds of thousands of Keystone State citizens of a fundamental right to vote. The brief lays bare many of the GOP myths about the purpose of polling place Photo ID restrictions, while demonstrating why the GOP-enacted Pennsylvania law would not qualify as constitutional even under the less demanding test laid down by six of the U.S. Supreme Court's nine Justices in Crawford v. Marion County Board of Elections, their 2008 decision approving Indiana's version of a similar restriction on voting in that state...

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

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But stops short of a call to end 'corporate personhood'...
By Ernest A. Canning on 9/2/2012 6:42pm PT  
BETTER LATE THAN NEVER?
President Obama, during his surprise Reddit chat last Wednesday, jumps into the Citizens United fray.

"I think we need to seriously consider mobilizing a constitutional amendment process to overturn Citizens United (assuming the Supreme Court doesn't revisit it)," President Barack Obama wrote last week during a surprise public Reddit chat.

"Consider mobilizing?" Groups like Move to Amend and Public Citizen initiated that mobilization shortly after the U.S. Supreme Court's radical-right quintet handed down that infamous decision in 2010. By July of this year, California had become the sixth state to call for a constitutional amendment to overturn Citizen's United.

"Assuming the Supreme Court doesn't revisit it?" The Court had an opportunity to revisit Citizens United earlier this year, or at least to limit its impact to federal elections. Instead, the same radical-right quintet expanded the reach of that democracy destroying decision by overturning a Montana Supreme Court decision which had sought to uphold a century old, state anti-corruption law.

While the President's remarks will no doubt be welcomed by the already-mobilized movement, one should not lose sight of the fact that they fall far short of an endorsement of either Vermont's proposed constitutional amendment or the measure introduced by Sen. Bernie Sanders (I-VT) in the U.S. Senate. Both efforts call for the end to "corporate personhood" and a determination that money does not equal free speech under the First Amendment.

If the President truly desires to spotlight what amounts to a hostile corporate takeover of our democracy, he will confront Mitt "corporations are people, my friend" Romney in the upcoming Presidential debates with an openly stated support for a constitutional amendment that, as the Sanders measure provides, establishes that the "rights protected by the Constitution...are the rights of natural persons and do not extend to for-profit corporations, limited liability companies, or other private entities established for business purposes." Indeed, that position could frame the issue for all candidates seeking public office in the 2012 election.

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Freedom of political choice vs. slavery in post-'Citizens United' America...
By Ernest A. Canning on 8/27/2012 2:39pm PT  

Guest blogged by Ernest A. Canning

In a case where the employment of several members of the United Public Workers (UPW) was terminated after they failed to fully participate in unpaid, off-duty campaign activities on behalf of a union-supported Congressional candidate, three Republican members of the Federal Elections Commission produced an astounding Aug. 21 decision. They ruled that it is perfectly lawful for unions and corporations to compel their members and employees to engage in such activities, sans compensation, as part of "independent campaign efforts."

In their "Statement of Reasons" [PDF], the three GOP Commissioners explained the basis for their remarkable ruling.

They acknowledged that the Federal Election Campaign Act of 1971, 2 USC §441b(a), as well as FEC "regulations prohibit a labor organization [or a corporation] from facilitating the making of a contribution by means of 'coercion, such as the threat of a detrimental job action...to make a contribution or engage in fundraising activities on behalf of a candidate." But, they wrote: "These provisions do not apply to UPW's independent campaign efforts."

UPW's independent use of its paid workforce to campaign for a federal candidate post-Citizen's United was not contemplated by Congress and, consequently, is not prohibited by either the Act or Commission regulations.

The FEC's three Republican appointees thus presented not only a novel but a remarkable extension of Citizens United given that 2 USC §441b(c) makes it "unlawful" even for a corporation's or union's "segregated fund" to provide "anything of value" that is secured by a threat of financial reprisal. The statute mandates that employees must be told about their "right to refuse to so contribute without any reprisal."

In their separate "Statement of Reasons" [PDF], the three FEC Democrats, along with Office of General Counsel (OGC), found a clear-cut violation of Section 441b. "Nothing in Citizens United," the FEC Democrats opined, "suggests...that the Court intended to expand the rights of corporations and unions at the expense of their employees' longstanding rights to be free from coercion and to express or decline to express their political views."

According to the Congressional Research Service [PDF], at least four votes are required for the FEC "to exercise core functions." Thus, the 3-3 deadlock prevented the FEC from disciplining the union for anything beyond the fine for non-reporting of the "independent expenditure."

Setting aside the fact that the OGC's and FEC Democrats' interpretation appears to find direct support in the language of Section 441b of the U.S. Code, there's a fundamental constitutional issue that arises from the disturbing GOP interpretation of Citizens United which neither side addressed --- slavery!...

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

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By Ernest A. Canning on 8/24/2012 12:24pm PT  

Guest blogged by Ernest A. Canning

Speaking to a crowd of supporters from the balcony of Ecuador's U.K. Embassy last Sunday, WikiLeaks founder, Julian Assange, demanded that the United States end its "war on whistleblowers" --- a war that, Assange said, not only threatens WikiLeaks but "the freedom of expression and the health of our societies." The U.S., he said, must choose between returning to the "revolutionary values" upon which it was founded, or "lurch off the precipice, dragging us all into a dangerous and oppressive world under which journalists fall silent under fear of prosecution."

Assange credited citizen activism for the fact that Britain did not carry out its unlawful threat last week to "storm" Ecuador's Embassy, stating:

If the UK did not throw away the Vienna Conventions the other night, it was because the world was watching. And the world was watching because you were watching.

So the next time somebody tells you it is pointless to defend those rights that we hold dear, remind them of your vigil in the dark before the Embassy of Ecuador. Remind them how, in the morning, the sun came up on a different world, and a courageous Latin American nation took a stand for justice.

Assange called upon the U.S. to "pledge, before the world, that it will not pursue journalists for shining a light on the secret crimes of the powerful."

"There must be no more foolish talk about prosecuting any media organization, be it WikiLeaks or be it the New York Times," he declared. "The U.S. Administration's war on whistleblowers must end."

The controversial Assange went on to call for the release of "one of the world's foremost political prisoners, Bradley Manning," noting that the former Army Intelligence Analyst had just "spent his 815th day of detention without trial. The legal maximum is 120 days."

Manning is the U.S. Army Private alleged to have released classified material to Assange's WikiLeaks. Legendary Pentagon Papers whistleblower Daniel Ellsberg, during a late 2010 interview with Brad Friedman, described Manning as a "patriot" for his release of the documents.

The full video of Assange's 8/19/12 statement from the balcony of London's Ecuadorian Embassy, where he has been granted asylum by the Latin American country, follows below...

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

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