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Latest Featured Reports | Saturday, October 25, 2014
Touch-Screens Flip 'No' to 'Yes' on TN Abortion Measure
After the state GOP repealed the law to move to paper ballots, votes now reportedly flipping again on a controversial Amendment to the state Constitution...
More Trouble With Touch-Screens (2014 Edition)
Votes Flip D to R in Texas, R to D in Illinois - What's happening (again), what it means (again), and what you can do about it (please?)...
Christie: GOP Governors Needs to Control 'Voting Mechanisms' in 2016
NJ Governor and 2016 Presidential hopeful offers interesting reason why Republicans in three key states need to win in 2014...
Justice Ginsburg Republishes TX Photo ID Law Dissent After BRAD BLOG Cites Error
Turns out U.S. Veterans' Affairs ID can be used to vote under new GOP voting restrictions in TX. Official SCOTUS opinion updated...
'Mercy', 'Rehabilitation' and 'Restorative Justice'
Sentencing of South Africa's Oscar Pistorius offers stark reminder of concepts that seem to have gone missing from the justice system in the U.S...
'Green News Report' 10/21/14
  w/ Brad & Desi
GOP candidates still dodging climate Qs; Mountaintop removal coal mining promotes lung cancer; 2014 on track as hottest year on record; PLUS: LEGO breaks up with Shell Oil...
Previous GNRs: 10/14/14 - 10/16/14 - Archives...
Everything Old is Texas Again
On the upside though, even if they successfully violate the Constitution by keeping some 600,000 legally registered, disproportionately minority voters from voting this year, they can save some money on signage...
Congresswoman Sets Impeachment Deadline for Federal Judge Mark Fuller
ALSO: Court unseals divorce docs from first marriage, Fuller attorney dismisses abuse allegations as 'rhetorical questions'...
SCOTUS ALLOWS TEXAS' DISCRIMINATORY GOP PHOTO ID LAW TO USED IN MIDTERMS
Despite uncontested findings striking down the law as a racially-motivated, 'unconstitutional poll tax', it will be implemented this year...
'Dead Heat' and 'Dirty Tricks': The Nightmare Scenario
Maddow warns: 'With this many top of ticket races tied, turnout will be everything...Now we watch for the ways that people will try to stop voters from turning out or from having their votes counted, by hook or by crook'...
Judge Fuller's Attorney Says Wife Beating Thing No Big Deal; 911 AUDIO and Gov. Don Siegelman Disagree
Standalone video of 911 call; First comment on case by imprisoned former AL Gov.; MORE...
Emergency Appeals Filed at SCOTUS to Restore Voting Rights to 600,000 in TX
GOP Photo ID law, which lower court found intentionally discriminatory, is different from recent cases before High Court, say plaintiffs...
'Green News Report' 10/16/14
Ryan backs away (sort of) from climate change denial; NatGas isn't a bridge to lower-emissions; PLUS: Did Lockheed-Martin really invent a compact nuclear fusion reactor?...
Bloomberg on BRAD BLOG on Judge Richard Posner on Photo ID Voting Laws...
'By the sounds of it, the floor that supported voter-ID laws has just given way'...
'BradCast': WI, TX, AR Photo ID Rulings
Trouble keeping up with the on-again/off-again court rulings on GOP voter suppression laws? Brad tries to make sense of it all for ya...
WTF?!: FL Gov. Rick Scott Refuses To Appear at Debate With Gov. Charlie Crist
Watch the video. They're calling it 'FanGate'. We're just calling it Florida...
Arkansas Supreme Court Strikes Down State GOP's Photo ID Voting Law
Court determines law, passed over Dem Governor's veto, violates explicit right to vote in state Constitution...
5th Circuit Appeals Panel Restores Texas GOP's 'Discriminatory' Photo ID Law
While not contesting law's unconstitutionality, judges cite SCOTUS rule on last minute voting changes...
'Green News Report' 10/14/14
Coal wins U.S. Senate debate in KY!; Pentagon: climate change threat to NatSec; Wind power cheapest source of energy; PLUS: September 2014 was hottest ever...
Repub Judge Who Approved Nation's 1st Photo ID Law in 2008 Writes Devastating Dissent Against Them
Reagan-appointed Richard Posner pens best case ever against Photo ID voting restrictions...
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 7/23/2014 10:17pm PT  

According to the first-hand account of the AP reporter/witness of Arizona's state-sanctioned killing of convicted murderer Joseph Rudolph Wood this afternoon:

Officials administered the lethal drugs at 1:52 p.m. Wood's eyes closed.

About 10 minutes later, the gasping began.

Wood's jaw dropped, his chest expanded, and he let out a gasp. The gasps repeated every five to 12 seconds. They went on and on, hundreds of times. An administrator checked on him a half-dozen times. He could be heard snoring loudly when an administrator turned on a microphone to inform the gallery that Wood was still sedated, despite the audible sounds.

As the episode dragged on, Wood's lawyers frantically drew up an emergency legal appeal, asking federal and state courts to step in and stop the execution.

"He has been gasping for more than an hour," the lawyers pleaded in their filings. "He is still alive."

The Arizona Supreme Court convened an impromptu telephone hearing with a defense lawyer and attorney for the state to decide what to do.

Wood took his last breath at 3:37 p.m. Twelve minutes later, Arizona Department of Corrections Director Charles L. Ryan declared Wood dead. The state court was informed of the death while its hearing was underway.

It took one hour and 57 minutes for the execution to be completed, and Wood was gasping for more than an hour and a half of that time.

The spokesperson for the AZ Attorney General, however, was "surprised by how peaceful it was"...

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

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State legislature, governor add proposition to general election ballot calling for amendment to overturn 'Citizens United'...
UPDATE: 'Overturn Citizens United Act' will appear as 'Prop 49' on November ballot | LATER UPDATE: No, it won't...
By Ernest A. Canning on 7/18/2014 1:24pm PT  

California's Democratic Governor Jerry Brown has permitted SB 1272, an advisory measure entitled the Overturn Citizens United Act, to appear on the state's November 2014 ballot.

The measure not only calls upon Congress to "propose an amendment...to the United States Constitution" to overturn the infamous Citizens United decision and its progeny, but "to make clear that the rights protected by the United States Constitution are the rights of natural persons only."

According to state Sen. Ted Lieu (D-Torrance), the author of SB 1272, the measure is intended to send "a message to Congress" that we "should not equate money with free speech and corporations are not people."

A constitutional amendment that eliminated "corporate personhood" would not only invalidate Citizens United but would overturn the newly minted right to "corporate religious liberty" established in Burwell v. Hobby Lobby, Inc. (2014).

Unfortunately, the language Lieu included in the measure stops short of "money is not speech." Instead, the measure simply provides for "full regulation or limitation of campaign contributions and spending, to ensure that all citizens, regardless of wealth, may express their views to one another."

While the ballot proposition is not binding, and has produced critics who describe the measure as little more than a political stunt, if adopted by an overwhelming majority of California voters this fall, it could very well help to ignite a nationwide groundswell of opposition to a series of decisions by an oligarchic Supreme Court that have threatened the very survival of our constitutional representative democracy...

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

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Over 100 top state GOPers endorse Gov. Sam Brownback's Democratic opponent after tax cuts for wealthy devastate state...
By Ernest A. Canning on 7/17/2014 9:00am PT  

The Washington Post recently reported that more "than 100 current and former [Kansas] Republican officials [have] endorsed Democratic state Rep. Paul Davis [in his] bid to unseat Gov. Sam Brownback (R)."

The website of the group that refers to itself as the "Republicans for Kansas Values," reveals that the source of their revolt can be found in what the LA Times' Michael Hiltzik described as Brownback's draconian "Tea Party tax cuts," enacted in the name of economic "freedom" that have, he says, benefited only the wealthy and have turned the Sunflower State "into a smoking ruin."

As we once described in "'Tea Party' Future: Fascism, Feudalism, Economic Collapse", that "smoking ruin" was not unexpected. But neither was the revulsion of traditionally conservative Kansas Republicans to Brownback's application of the Koch brothers' radical brand of libertarianism...

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

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By Brad Friedman on 7/16/2014 9:50pm PT  

We covered too much on the KPFK/Pacifica Radio BradCast this week to go into great detail here, but the common thread seemed to be: Stamping out Zombie Myths.

In other words, those popular lies and deceptions that never seem to die on everything from e-cigs and vaping to the death penalty to Ann Coulter's voter fraud to Fox "News" propaganda on global warming and polling place Photo ID laws (too many of those to link here) to the fight for marriage-equality in Mississippi.

In other words, there was a lot packed in to this week's 58 minutes, including a lot of bullshit to dispel, a bunch of great callers, and even one who totally disagreed with me on e-cigs and children. That was fun.

Check it out. I think you'll enjoy it...

Download MP3 or listen online below...

* * *

P.S. During the show, a caller questioned the facts of a quote I read on air from a press release issued today by the Freedom to Marry organization, citing the first Mississippi mayor to call for marriage equality in the state. The quote in question was from the group's President Evan Wolfson, who said in the statement: "More same-sex couples are raising children in Mississippi than in any other state."

The caller, appropriately, challenged the veracity of the statement, and I promised I'd look into the details, since I had just received the release prior to air time and didn't have the details handy. Now I do. Here's where that claim comes from...

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

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By Brad Friedman on 7/16/2014 1:03pm PT  

Just in, via HuffPo, a federal judge in California has ruled that the state's death penalty system violates the U.S. Constitution's restriction against "cruel and unusual punishments"...

U.S. District Court Judge Cormac J. Carney handed down an order Wednesday, finding that the system is arbitrary and in violation of the Constitution's 8th Amendment.

"California's death penalty system is so plagued by inordinate and unpredictable delay that the death sentence is actually carried out against only a trivial few of those sentenced to death," Carney writes. "For all practical purposes then, a sentence of death in California is a sentence of life imprisonment with the remote possibility of death --- a sentence no rational legislature or jury could ever impose."

Carney continues: "Inordinate and unpredictable delay... has resulted in a system in which arbitrary factors, rather than legitimate ones like the nature of the crime or the date of the death sentence, determine whether an individual will actually be executed. And it has resulted in a system that serves no penological purpose. Such a system is unconstitutional."

The story goes on to note that the judge also vacated petitioner Ernest Dwayne Jones' death sentence --- he had been convicted of first-degree murder and sentenced to die in 1995, and that "an analysis by the Los Angeles Times found that the state spent $308 million on each execution." That analysis underscores what critics of the death penalty have long pointed out, that the cost of killing prisoners far outpaces the cost to the state of keeping them imprisoned for life.

* * *

UPDATE: MSNBC's Adam Serwer notes that Judge Carney "was nominated to the federal bench in 2002 by President George W. Bush."

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GUEST: Ari Berman, live from North Carolina...
By Brad Friedman on 7/9/2014 10:44pm PT  

We had a very enlightening conversation with The Nation's Ari Berman, straight out of the courtroom in North Carolina, on today's KPFK/Pacifica Radio BradCast.

Ari is in NC covering this week's hearings in federal court challenging what we've described as "the nation's most restrictive voter suppression law", as enacted by state Republicans just days after the U.S. Supreme Court gutted the Voting Rights Act last summer.

This case --- and NC's law --- are really amazing. Most importantly, the results of this challenge, and the way the VRA must now be used to fight to protect voters from discriminatory laws, will be very important to similar challenges now pending across the country. In other words, this fight is important to NC, but it's arguably even more important to the entire nation.

Next up, we discussed the Rightwing stooge "reporter" Matthew Boyle, responsible for the fake 2012 story about a U.S. Senator and Dominican prostitutes, and my run-in with that same fake journalist back in 2011.

Then, Desi Doyen joins us for a few thoughts on Kentucky's genius climate change denying state Senator Brandon Smith and, as usual, for the latest Green News Report.

As a listener noted on Facebook tonight: "What a heavy duty broadcast today's was!", before adding: "It. Was. Awesome. And scary." Well, thanks! And you're welcome!

Download MP3 or listen online below [appx 58 mins]...

* * *
Please help support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system --- now in our ELEVENTH YEAR! --- as available from no other media outlet in the nation...

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DoJ, ACLU, others seek to block sweeping GOP election reform under still-standing provisions of federal Voting Rights Act
Plaintiffs cite state's recent history of attempted discriminatory voting practices...
By Brad Friedman on 7/7/2014 12:07pm PT  

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

The case against North Carolina's radical voter suppression law begins hearings today, as the U.S. Dept. of Justice, the ACLU, the League of Women Voters and other plaintiffs seek a preliminary injunction on the most sweeping and restrictive "election reform" bill in the nation.

After Republicans took over both the legislature and the Governor's office in the Tar Heel State for the first time since Reconstruction, they instituted what we described after passage of the law in 2013 as "the nation's most restrictive voter suppression law".

In addition to draconian polling place Photo ID restrictions (despite any evidence of in-person voter impersonation in the state), the legislation also shortens the early voting period; eliminates NC's very successful same-day voter registration program; eliminates pre-registration for 16- and 17-year olds; bars counting provisional ballots cast in the right county but wrong precinct; prohibits extending poll hours even for extraordinary circumstances such as long lines; allows any registered voter in a county to challenge the eligibility of anyone else to vote in the same county; and much more.

Virtually every anti-voting provision that has been passed or attempted to be passed by Republicans across the country was included in NC's legislation. After House Bill 589 --- known officially as the Voter Information Verification Act (VIVA) --- was originally adopted in July of 2013, then signed days later by Gov. Pat McCrory (R), we explained it to be "the whole ball of wax. Everything that a Republican desperate to stay in power by keeping legal (Democratic-leaning) voters from being able to cast their legal vote could ever want, short of a provision declaring outright that 'Non-Republican voters need not apply'."

As the hearings begin, the Winston-Salem Journal's coverage over the weekend drew a bead on just how transparently partisan this legislation is, as it ballooned from 16 to 57 pages just days after the U.S. Supreme Court gutted the federal Voting Rights Act, before the law was adopted by both the state House and Senate in just two days...

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

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Outgoing GOP Sec. of State Matt Schultz failed to find 'voter fraud', both candidates hoping to replace him reject his Photo ID strategy
Is the decade-long voter suppression scheme finally in its death throes?...
By Brad Friedman on 7/3/2014 1:53pm PT  

If the race for Sec. of State in Ohio is any indication, we may have still more evidence now to suggest that the decade-long Republican effort to enact disenfranchising poling place Photo ID restrictions, under the guise of fighting "voter fraud", may be turning a corner toward its final end as a viable GOP voter suppression strategy.

In May we wrote an article titled "Peak GOP 'Voter Fraud' Fraud?", offering several disparate clues to suggest that the well-funded, well-organized, initally under-the-radar national effort by Republicans to disenfranchise Democratic-leaning voters by requiring state-issued Photo ID they knew that many of them did not have, was headed towards a slow, but inevitable death.

That article followed on the heels of a seemingly devastating blow to Wisconsin's Photo ID restriction law by a federal judge who struck it down, finding in his landmark ruling that the statute was in violation of both the U.S. Constitution and the federal Voting Rights Act, and that it was "absolutely clear" that the GOP-enacted law in the Badger State would "prevent more legitimate votes from being cast than fraudulent votes."

Our legal analyst Ernie Canning analyzed the WI ruling along side the other federal challenges against similar laws that are still pending in states like Texas, North Carolina and Arkansas, to suggest the WI decision "does not bode well for Republicans who have been attempting to advance such electoral schemes in recent years, as based on misleading 'facts', wild claims and dishonest interpretations of case law and court precedent." His legal analysis attempts to explain why the WI case "would likely mark the beginning of the end for Republican-enacted, polling place Photo ID restrictions."

We'll see if we're right in the months ahead, but the race for Secretary of State currently under way in Iowa to replace the incumbent Republican SoS --- one who had been embarrassed to find next to no "voter fraud" after running in 2010 on the notion of stamping it out --- suggests that even Republicans are moving on to other ideas...

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

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By Katie Klabusich on 6/26/2014 2:04pm PT  

Despite having their own 100-foot buffer zone of protection at the Court, the U.S. Supreme Court Justices unanimously struck down Massachusetts' state-wide 35-foot buffer around reproductive healthcare clinics in this country with their McCullen v Coakley decision today.

They have just announced that it is 'Open Season' on reproductive healthcare clinics in this country.

According to SCOTUS blog, where the decision was being reported live, the issue is about restricting free speech in public spaces: "A state can go beyond narrow laws that block obstructions to clinics, and more broadly ban abortion protests, only if it builds a record showing that the narrower measures don't work." (More at scotusblog.com)

I am a long-time clinic defense escort volunteer in cities from Los Angeles to Chicago to New York. The idea that the people standing outside clinics screaming and yelling, chasing people into the streets, surrounding medical transport vehicles and threatening staff are there for First Amendment expression reasons would be laughable if the potential for violence wasn't so real. They show up to intimidate patients and companions and terrorize communities.

More than 300 acts of violence were committed against reproductive healthcare clinics just between 2010 and 2012. That includes eight murders and seventeen attempted murders since 1991. More than 80% of facilities have called the police and National Abortion Federation members overwhelmingly report that buffer zones prevent violence and make staff and patients feel safer.

Apparently intimidation and terrorizing those seeking legal medical procedures is now an important First Amendment expression of "free speech", according to the Supreme Court Justices. The Court has weighed the safety of healthcare providers and American citizens against potential violence and has decided they aren't worried...

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

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GUEST: Brendan Fischer of Center for Media and Democracy...
By Brad Friedman on 6/26/2014 6:03am PT  

The case against Wisconsin Gov. Scott Walker (R), charging that he ran a "criminal scheme" by coordinating his 2012 recall election campaign with about a dozen "outside" groups, is about much more than just Walker and his corruption.

On this week's BradCast on KPFK/Pacifica Radio, I spoke with Brendan Fischer, general counsel at the Center for Media and Democracy about what could be the very last piece of campaign finance law to fall in the wake of 2010's Citizens United and 2014's McCutcheon rulings by the U.S. Supreme Court. Depending on how the challenge against the case against Walker goes, there may be nothing left that keeps candidate campaigns from putting unlimited, undisclosed millions to work in buying our elections. In short, as I discussed with Fischer, democracy could well become even more hosed than it already is in this country. Who knew that was even possible, at this point?

Also, on this very busy BradCast on a very busy day: "the most prolific multiple voter in memory" (a case of massive GOP voter fraud in WI); the shadowy Photo ID initiative that went down in flames in CA; the terrible "recount" bill in CA that has now been (largely) killed following BRAD BLOG's recent exposé; a word or two about the latest absurdity in the GOP's pretend IRS "scandal"; and, as usual, Desi Doyen with the latest Green News Report and a some utter nonsense from Fox and Friends.

All of that and more (seriously) in this week's insanely busy BradCast! Enjoy!

Download MP3 or listen online below [appx 58 mins]...

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By Brad Friedman on 6/23/2014 4:03pm PT  

Just getting back on the grid today after a few days off of it, so getting caught up with much, including today's release of the legal memo [PDF] detailing the Obama Administration's claim of legal authority for the 2011 targeted drone killing of U.S. citizen and alleged terrorist Anwar al-Awlaki in Yemen.

(Three other U.S. citizens were also killed in drone strikes abroad, including al-Awlaki's 16-year old son one month after his father, though the Administration contends those killings were incidental deaths during strikes targeting others...as if that makes them less awful somehow? In any event...)

As the Washington Post notes, portions of the document are redacted, including "paragraphs that presumably explained why the Justice Department's Office of Legal Counsel determined that killing Awlaki in a drone strike would not violate the Fourth Amendment, which guarantees due process to U.S. citizens accused of crimes."

The paper adds, however, that "the memo provides previously unknown details about the reasoning behind one of the most controversial counterterrorism operations carried out by the U.S. government since the Sept. 11, 2001, attacks."

But what caught my eye in particular today, was the Congressional Progressive Caucus' somewhat snarky, if very clever, promotion of their press release in response to the released (and redacted) memo, which Roll Call's Steven Dennis describes as "Progressive Caucus Trolls Obama on Drone Memo"...

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

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By Ernest A. Canning on 6/16/2014 6:05am PT  

Apparently, swinging and missing on three separate occasions is not enough to get either Ohio's Republican Governor John Kasich or its Republican Secretary of State John Husted to walk away from the plate.

After U.S. District Court Judge Peter Economus issued an August 2012 preliminary injunction that forced the Buckeye State to restore early voting for the three days preceding the November 2012 Presidential Election, Husted found it necessary to apologize to the court for what appeared to be a contemptuous directive to the state's 88 county Boards of Election that they not establish hours for voting on those days, pending the state's appeal of the preliminary injunction. Strike one!

In early October 2012, a unanimous three judge panel of the U.S. 6th Circuit Court of Appeal ruled against Husted, expressly sustaining every aspect of Judge Economus' August 2012 decision. Strike two!

That same month, the U.S. Supreme Court summarily rejected Husted's request for an emergency stay. Strike three!

Undaunted, in Feb. 2014 Gov. Kasich signed into law a new elections bill that failed to correct the previous disparate deadlines for in-person voting, allowing military voters to vote on the last days before the election, but nobody else. Husted then issued a directive that provided for early voting between 8:00 a.m. and 4 p.m. on Saturday, Nov. 1, 2014, but failed to provide for any voting hours on either Sunday, Nov. 2 or Monday, Nov. 3 --- despite the still-existing law allowing military members to cast their vote those days.

As it happens, African-American churches have traditionally used early voting on the Sunday before elections as "Souls to the Polls" day to help get out the vote. In turn, Republicans in Ohio have been working hard to end early voting on the Sunday before election day.

In his original 2012 ruling, Judge Economus held that all Ohio voters had a "constitutionally protected right to participate in the 2012 election --- and all elections --- on an equal basis." That is why he declared the effort to limit early voting to only active duty military members on the weekend before the election to be an unconstitutional violation of the Equal Protection Clause of the U.S. Constitution.

This year's latest gambit led to the issuance last week of a Permanent Injunction [PDF] on the Republican scheme, pursuant to which Judge Economus has ordered the recalcitrant Ohio Secretary of State [emphasis added] "to set uniform and suitable in-person early voting hours for all eligible voters for the three days preceding all future elections." Strike four?

Amusingly, rather than attempting to violate the court order this time around, SoS Husted is pretending that all of this is simply what he wanted all along, declaring in a statement (via the "Election Law Blog"), issued after losing again in court last week: "I am pleased that the federal court has affirmed what I have long advocated --- that all voters, no matter where they live, should have the same opportunity to vote. Thankfully, uniformity and equality won the day."

Also, up is down, black is white, and John Husted is a great champion of voting rights.

* * *
Please help support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system --- now in our ELEVENTH YEAR! --- as available from no other media outlet in the nation...

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County Clerks vow to begin marriages immediately, while Republican AG warns them not to, pending appeal
NOW UPDATED WITH SOME FANTASTIC WEDDING PHOTOS!...
By Brad Friedman on 6/6/2014 4:17pm PT  

[Ed Note: Be sure to check out the great photos added at the bottom of this post! - BF]

To head into the weekend with some good news, a federal judge has now overturned Wisconsin's ban on marriage equality. So freedom comes to the Badger State, despite its Governor, Scott Walker's continuing effort against such freedom, and against Constitutionally conservative values. It's hardly the first time Walker has been on the wrong side of the Constitution, the wrong side of conservatism, and the wrong side of history.

"Quite simply, this case is about liberty and equality, the two cornerstones of the rights protected by the United States Constitution," U.S. District Judge Barbara Crabb wrote in her 88-page ruling [PDF] striking down a state constitutional amendment passed in 2006, finding it in violation of the U.S. Constitution.

There's a bit of a legal skirmish ongoing tonight in the state, as Crabb did not stay her ruling pending the inevitable appeal, though suggested she might do so later after hearing responses from both sides of the lawsuit which was filed by the ACLU on behalf of eight gay couples.

State Attorney General J.B. Van Hollen has vowed to appeal, just as he did recently after losing the federal challenge to state Republicans' polling place Photo ID voting restriction. That statute, enacted by self-described "conservatives", was found by U.S. District Judge Lynn Adelman to have placed draconian and discriminatory restrictions on yet another American freedom (the right to vote) in violation of both the Wisconsin state and federal Constitutions.

"Current law remains in force," Van Hollen says tonight about the ban on marriage equality, though few seem to be listening or agreeing. According to the Journal Sentinel, County Clerks in Dane and Milwaukee Counties have announced they will begin issuing marriage licenses to same sex couples immediately...

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

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State GOP's voter suppression law working as designed; Why has DoJ not challenged it yet?...
By Brad Friedman on 6/4/2014 12:41pm PT  

Yesterday we covered the story of 93-year old Willie Mims, the African-American man who was turned away from the polling place in Alabama for lack of a Photo ID, after having voted successfully in nearly every election since WWII.

Mims had a drivers license, but it had expired. So, according to the polling place Photo ID restriction law enacted by state Republicans, even though Mims would have had his photo on it and even an address that matched his voter registration, he was not allowed to cast his vote during yesterday's primary election.

But Mims was hardly the only one who was kept from voting yesterday, under the first official statewide run of the AL GOP's polling place Photo ID law. (The law was passed in 2011, but didn't take effect until now, since the state was waiting for the U.S. Supreme Court to knock down the section of the Voting Rights Act that would likely have blocked the racially discriminatory statute from taking effect.)

Kay Campbell of AL.com shared this story yesterday of another long time voter who lost her right to vote thanks to the same law...

A Huntsville woman, 92, who has lived in the same house in Huntsville for 57 years and voted in every election since she was eligible, was turned away from the polls today because her driver's license expired nine months ago.

The voter, a great-grandmother to five, was deeply embarrassed by the whole incident and declined to talk directly with AL.com, but she gave her go-ahead for her neighbor, who took her to the polls, to relay the incident, with the provision that her name not be used.
...
The license had expired in August 2013. She had not renewed it because her eyesight is failing and she has made the tough decision to quit driving. But she thought since it was so recent, it would work. She uses it to cash checks and in other rare incidences when she is asked for an ID.

As we also noted yesterday, via MSNBC's Zachary Roth, Alabama has a loophole built into the law, which the NAACP Legal Defense fund describes [PDF] as "an illegal relic of the Jim Crow South". It allows a voter without the very specific state-issued Photo ID now required to cast a ballot, to vote anyway so long as two poll workers at the precinct can vouch for them.

Campbell reports that Libba Nicholson, the neighbor who drove the elderly woman to the polling place, "said that the woman in charge of the Help Desk asked the other poll workers if any of them recognized her - just one more verification would have done it, Nicholson said, but no one did."

And then there was this...

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

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10th Circuit stays order compelling EAC to add 'Proof of Citizenship' requirement to federal voter registration form...
By Ernest A. Canning on 5/27/2014 8:35am PT  

Early last week, with little attention in the media, the U.S. 10th Circuit Court of Appeal applied the brakes, for now, to one of the newest voter suppression schemes on the bleeding front edge of the GOP's ongoing War on Voting.

The insidious new Republican scheme, if it manages to overcome continuing challenges in court, such as the stay and appeal it now faces in the 10th Circuit, could result in thousands of otherwise eligible voters in Kansas and Arizona (and elsewhere, if the effort is allowed to move forward in KS and AZ) unable to even register to vote, much less cast a ballot on Election Day.

An investigative report by the Arizona Republic last year found the evidence for the purported basis of the new law --- claims by Republicans that non-citizens are casting ballots in the state --- to be "nearly non-existent".

Judith Brown Dianis, a civil rights litigator at The Advancement Project, described the nearly decade-long, coordinated, nationwide GOP voter suppression effort as "the largest legislative effort to roll back voting rights since the post-Reconstruction era". While appearing before a U.S. Senate Subcommittee in 2011, she described the effort as one designed to make "it harder to register to vote, harder to cast a ballot and harder to have a vote counted."

One of the primary GOP efforts to make it "harder to cast a ballot" can be found in the spate of polling place Photo ID laws that Republicans have sought to justify on the basis of what amounts to a phantom menace. Cases of in-person voter impersonation --- the only type of voter fraud that can be prevented by Photo ID --- are about as scarce as hen's teeth.

The same can be said about baseless GOP claims of an epidemic of voter fraud in the form of votes cast by non-citizens --- an allegation that is now being used as part of the new Republican ploy to prevent perfectly lawful citizens from even registering to vote...

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

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