Guest editorial by Ernest A. Canning

Last September's hearings before the U.S. Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights established that polling place photo ID restriction laws have nothing to do with eliminating "voter fraud."

They are, instead, part of what Judith Browne Dianis, a civil rights litigator at The Advancement Project, described at the time as the "largest legislative effort to roll back voting rights since the post-Reconstruction era" --- part of the partisan, multi-state effort by the billionaire Koch brothers-funded, Paul Weyrich co-founded American Legislative Exchange Council (ALEC)-fueled GOP exercise in voter suppression. Her testimony established, yet again, that such laws have a disparate impact upon minorities, the poor, the elderly and students (all of whom happen to have the unfortunate tendency of voting Democratic).

Despite the national nature of this coordinated, well-documented and well-funded assault on minority voting rights, so far the U.S. Department of Justice (DoJ) has confined its legal response to such newly-enacted laws to only the small number of "covered" jurisdictions, for example, South Carolina, that are subject to Section 5 of the Voting Rights Act (VRA). That section of the law requires federal preclearance for new election-related laws in those "covered" jurisdictions, since they each have demonstrated a long history of racial discrimination.

The narrow action taken by the DoJ to date, as based only on Section 5 of the VRA, could all change if they took the time to study the content of the new complaint, Jones v. Deininger [PDF], as filed last week in the U.S. District Court for the Eastern District of Wisconsin. The complaint alleges that Wisconsin's new polling place photo ID law ("Act 23") "is a voter suppression law that burdens African-American and Latino voters most heavily [which]...results in them having 'less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice,' and, thereby, constitutes a denial and abridgment of their right to vote in violation of Section 2 of the Voting Rights Act."

The complaint in Jones, which was signed by attorney Charles T. Curtis, Jr. of Arnold & Porter, LLP, seeks to enjoin the implementation of Wisconsin's Act 23 and a declaration that it violates Section 2 of the VRA. When asked whether he contemplates seeking a preliminary injunction on the new law prior to the next election, Curtis was only able to tell The BRAD BLOG at this time that they "want to move the case as quickly as the Court will allow, and plan to request a pretrial conference to discuss motion and briefing schedules."

The additional question remains, however, will the U.S. DoJ defend federal law by opting to join this lawsuit as a plaintiff?...

[Now UPDATED with audio archives below! Enjoy 'em!]

Mike has the night off! So we're back tonight guest-hosting the nationally-syndicated Mike Malloy Show! And it's primary night in MI and AZ and we'll have not one, but two Presidential candidates as guests tonight!

We'll be BradCasting, as usual, LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

• MI & AZ PRIMARY RESULTS, or what they are reported to be, anyway. Also, just some of the reasons why you should be concerned that those reported results may not be what they are reported to be!
• GOV. BUDDY ROEMER, who is on GOP Presidential ballot both MI & AZ tonight, but who has recently left the party for a Reform Party candidacy and a run for the Americans Elect nomination.
• FRED KARGER, who is on the GOP Presidential ballot in MI and, unlike Roemer, still a member of the party for some reason. He's also the first openly gay Presidential candidate and the guy who alerted the world to Mitt Romney's apparent voter fraud in MA!
• PLUS! Depending on how MI and AZ is looking, some additional, last minute guests; lost op-scan votes in NY; Indiana's GOP Sec. of State getting off scot-free for voter fraud; "Webster's Follies" in Maine; no dead voters in SC; criminal probe closing in on Scott Walker in WI; and more you need to know about! Along with your phone calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at affiliate KPTR 1450 in Palm Springs or at WhiteRose Society or via MikeMalloy.com.

POST-SHOW UPDATE: Maybe someone had a bit too much caffeine today. Well, in any case, it led to a pretty high energy show! And lots of circus music! You can check it all out now for yourself, sans commercials, in the high-octane archives now posted below. Enjoy!...

Guest blogged by Ernest A. Canning

We recently detailed how legal documents reveal that prosecutors in Wisconsin are painstakingly examining evidence that may well place Gov. Scott Walker (R-WI) at the center of a criminal conspiracy to illegally utilize employees within the Milwaukee County Executive Office to engage in fundraising and campaign activities. We observed that a recall may therefore be the least of Walker's worries.

The relationship between Walker's potential criminal liability and his recall vulnerability has not gone unnoticed by the WI Democratic Party. Asserting that Walker "has given a blizzard of contradictory statements about what he knew and when he knew it," WI Democratic Party Chairman Mike Tate released an ad which refers to the pending criminal scandal as "Walkergate" (see video below) and draws an analogy to Richard Nixon's role in Watergate.

Simultaneously, the embattled governor on Monday abandoned his effort to challenge the more than one million signatures submitted on the Recall Walker petition...

Recall Walker ad comparing Scott Walker to Richard Nixon follows...

My full story on this is at Salon today. But, here's the skinny.

It looks like Indiana's now-former Republican Sec. of State, Charlie White, who was found guilty of three voter fraud felonies and three other felonies early this month, has now been sentenced.

And it also looks like the old adage --- It's Okay If You're a Republican (IOKIYAR) --- continues to ring true in the Hoosier State. Despite being the top election official in the very first state in the union to institute disenfranchising polling place Photo ID restrictions, Charlie White has gotten off with a slap on the wrist, essentially, for three intentional voter fraud felonies, and the three others he was found guilty of as well.

His sentencing hearing was held last week. He pretended to be contrite before the judge (unlike when he appeared days earlier on Fox "News"), so it turns out he'll serve just one year in home detention for all of his crimes. The sentencing, naturally, has left him "elated."

The fates of other, less Republican, less high-ranking folks however, such as those who were prosecuted with the full force of the federal government during the George W. Bush Administration's unprecedented, if failed attempt to ferret out "voter fraud" crimes, were not quite as lucky. Unfortunately, they were used as fodder to help Republicans push for those polling place Photo ID laws (which would have failed to deter either them or White from committing voter fraud) by Bush's wholly politicized Dept. of Justice.

For folks like Wisconsin's Kimberly Prude and Florida's Usman Ali, to name just two examples of those who were caught in that buzz-saw, and who each committed far less egregious --- far far far less egregious --- crimes than those intentionally committed by White, the legal system was not nearly as kind.

Prude, who tried to rescind her own absentee vote before the 2004 election, immediately after learning from her probation officer that she was not allowed to vote --- despite never having served time in jail and being on felony probation for having passed a bad check four years earlier --- was forced to serve more than a year in prison. Ali, who never even voted at all, had it even worse. He was deported to Pakistan where he hadn't live in more than 10 years, destroying his life in this country for not just himself, but for his American wife and daughter as well.

I tell the whole story --- of White's virtually scot-free sentencing, as compared to Prude's and Ali's --- in my story today at Salon. Please give it a read.

As you might expect, the moral, once again, is: IOKIYAR.

Well, golly, who coulda seen this coming? And I suspect it's just the beginning...

There were other similar stories Tuesday, during the first full roll-out of the Wisconsin GOP's new anti-voter law, passed disingenuously under the guise of curbing "voter fraud". And Tuesday's was just a tiny election. For example, this from Isthmus' The Daily Page...

Guest blogged by Ernest A. Canning

A recall from his position as Wisconsin's governor could ultimately be the least of Gov. Scott Walker's worry, if a criminal complaint quietly moving forward in the Badger State court system continues on its current trajectory. At the moment, Walker seems to be at the bottom of a mountain where an avalanche is just beginning to roll.

A 51-page criminal complaint [PDF] (the "Rindfleisch complaint"), which formally charges Kelly M. Rindfleisch with four felony counts of misconduct in public office, contains factual allegations which implicate a number of individuals, listed as "interested parties," including WI's controversial Republican Governor, in a wide-reaching criminal conspiracy to misuse public employees and resources for partisan political gain.

The Rindfleish complaint was filed in the Milwaukee County Circuit Court on Jan. 26, 2012 by Milwaukee County District Attorney John T. Chisholm. It's the product of an ongoing criminal investigation (the "John Doe" investigation) of the Milwaukee County Executive Office during Walker's tenure as County Executive there. The complaint specifically involves the period during which Tim Russell and then Rindfleish served as Walker's Deputy Chiefs of Staff.

The recent news in the Milwaukee County case coincides with a separate set of court rulings in the battle over the attempt by opponents of Walker to see him recalled via the ballot box. In that matter, an appellate court recently reversed Republican Waukesha Circuit Judge J. Mac Davis' decision to deny the Recall proponent's motion to intervene in a case brought by "Friends of Scott Walker" designed to obstruct the scheduling of Walker's Recall. The appellate ruling directed Davis to vacate his controversial decision which had shifted the statutory burden for challenging the validity of the Walker Recall petition signatures from Walker himself --- as had been the process for years --- to the state's Government Accountability Board.

While that appellate ruling may serve to help expedite Walker's potential removal from office via the ballot box, a recall could ultimate prove to be less of a concern to the embattled, right-wing governor than the criminal case steadily moving forward in Milwaukee.

The factual body of the Rindfleisch complaint suggests that prosecutors are painstakingly examining evidence that may well place Walker at the center of a criminal conspiracy to illegally utilize employees within the Milwaukee County Executive Office to engage in fundraising and campaign activities on behalf of the Friends of Scott Walker and others during office hours at the expense of Milwaukee taxpayers.

Each violation of the relevant WI criminal statutes at issue in the matter carries with it a potential imprisonment of up to 3.5 years. As that case moves forward apace, Walker could lose a great deal more than simply his hold on the governor's office. His very freedom may prove to be at stake as well...

Guest blogged by Ernest A. Canning

Fed up with the hard-right's oligarchic, union busting agenda, on Tuesday, opponents of Wisconsin's Gov. Scott Walker (R) delivered a Recall petition to the state's Government Accountability Board (G.A.B.) containing more than one million signatures --- approximately 459,792 more than the 540,208 valid signatures required to trigger a statewide gubernatorial recall under WI law.

Those one million signatures are about to run into an attempted roadblock, however, courtesy of two questionable rulings by Republican Waukesha Circuit Judge J. Mac Davis in the Friends of Scott Walker vs. Brennan case.

The Judge's first questionable ruling was to deny the state Democratic Party's motion to intervene as defendants in the case. The second ruling, issued orally, also found in favor of the GOP, aspiring to force a significant delay in the process of validating signatures (and, therefore, the recall election itself) by shifting the statutory burden for challenging the validity of signatures from Walker to the G.A.B. That second ruling is in direct contradiction to decades of recall history in the Badger State and upends existing law --- a law that went unchallenged by Republicans previously, and worked rather well, even as recently as last year's recall elections of 6 GOP state Senators and 3 from the Democratic Party.

Both rulings, currently the subject of an appellate challenge by the Democrats, may border upon judicial misconduct by a partisan jurist with disturbing ties to a previous statewide scandal...

I admit it, I was skeptical they could even come up with the 540k they needed to trigger a recall election of the Republican anti-union Gov. Scott Walker in the Badger State, much less the 720k that was their goal. But they did. And then some. And then a whole lot more, actually.

From Eric Kleefeld at TPM:

They really must not like that Walker guy or something. Special kudos to Lori Compas of RecallFitz.com for taking the extra initiative to lead the effort to put Fitzgerald's job on the line as well. As noted above, the state Democratic Party hadn't targeted the Senate Majority Leader, who was thought to be in a safely Republican district. Compas felt otherwise and decided to take action on her own without the backing of the party. That action appears to have been wildly successful, so far. (I interviewed Compas on the Mike Malloy Show back in December just before Christmas. That interview is here.)

For his part, Walker said in response to the more-than-one-million of his constituents who want him fired: "I expect Wisconsin voters will stand with me and keep moving Wisconsin forward."

For my part, I'm deeply buried in a mess of a story in an entirely different state right now. So, for the moment, I'm happy to pass you on over to Kleefeld's coverage for more on what comes next in the process. Suffice to say, this busy year is going to be much busier than planned. For everybody.

[Now UPDATED with tonight's nightmarish audio archives below! Enjoy!!!]

Mike has the night off! So we're back! Guest hosting the nationally-syndicated Mike Malloy Show on Friday the 13th! It's a Nightmare on Malloy Street!...

We'll be BradCasting all the horror LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the uprising globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

• YOUR WORST NIGHTMARE! Me! With three hours over our public airwaves to talk about Iowa, New Hampshire & South Carolina voting nightmares! The nightmare that is Election 2012! And other related and unrelated nightmares!
• GRAEME ZIELINSKI, Spokesman from the Wisconsin state Democratic Party, with some late breaking news on the "Recall Scott Walker" effort in the Badger State!
• PLUS! The fraud that is James O'Keefe; the "cold" War against Iran; the failure that is the NY Times; the GOP wants more corporate money in campaigns; and all the nightmares on your minds, via your calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at affiliate KPTR 1450 in Palm Springs or at WhiteRose Society or via MikeMalloy.com.

POST-SHOW UPDATE: Tonight's show was a NIGHTMARE! Don't believe me? You can now listen to the full show, sans commercials, in the archives posted below. (You can also read the nightmarish chat room archives below too!) Be afraid...Be very afraid!...

[Now UPDATED with audio archives below!...]

We thought it'd be a slow-ish night while guest hosting the nationally syndicated Mike Malloy Show on Christmas Eve Eve tonight. Boy were we wrong! (We'll also be filling in next Thursday and Friday, by the way.) Hope you can tune in tonight! It'll be worth it!

We'll be BradCasting LIVE 9pm-Mid ET (6p-9p PT), coast-to-coast and around the uprising, pre-Christmas globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

• A VERY MERRY CHRISTMAS SHOW! Man alive do we have a ton of good (and some less-than-good) news stories to, happily, cover tonight! Including, but not limited to, the voter fraud-charged GOP Sec. of State being ordered removed in IN yesterday; the DoJ's rejection today of SC's voter suppression law; the findings of flawed op-scan ballot machines in OH; the GOP folding in their attempt to raise taxes on 160 million Americans; Arrests in violent assaults on "Recall Walker" workers; news about Progressive radio staying on air in San Francisco; long-overdue new EPA rules to curb pollution and much more!
• LORI COMPAS, the leading organizer of WI's "Recall Fitzgerald" campaign, demanding an apology from state Senate Majority Leader Scott Fitzgerald who inaccurately claimed that she and her fellow petitioners were committing fraud in their signature gathering efforts to have him recalled along with Gov. Scott Walker.
• PLUS! Everything else that's on your minds, via your calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or at WhiteRose Society or via MikeMalloy.com.

POST-SHOW UPDATE: It was a Christmas miracle! Nothing but good news (mostly) on the Malloy Show tonight! How often does that happen?! (Ever?) Plus some rockin' holiday music from our awesome engineer Tony Sorrentino! Lots of stuff to keep you feelin' good over the holiday weekend, all now posted below, commercial-free as our holiday gift to you! Enjoy!...

Thanks to the Rightwing's unshakable lock on our national media, had the Governor of Wisconsin now up for a potential recall been a Democrat, the photo above might have been among the most familiar photos in the nation this week.

However, since WI's governor Scott Walker is a Republican, this is likely the first time you've seen the photograph, or even heard that there has been yet another violent assault on a citizen petitioner seeking signatures for his recall.

Add this one to the Rightwingers found openly discussing collecting signatures for the "Recall Walker" campaign, only so they could then burn and shred them, and to the death threats received in the middle of the night and to the 30-year old West Bend man, Jeffery Karnitz, who's been charged with two counts of election fraud for defacing petitions.

The story of what happened to the camera above begins this way:

It includes this:

The story ends with the police finding the man who did it and promising criminal charges, before this thought from the person whose camera was destroyed by a political supporter of Republican Gov. Scott Walker of Wisconsin:

Read the full story of what happened from "noise of rain" at dKos here. And then remind yourself how everyone in the nation would likely have heard about this incident, over and over again, days ago, had the violence in this story been carried out by a Democrat against a Republican. And keep all of that in mind next time you hear one of Andrew Breitbart and Rush Limbaugh's pathetic brainwashed zombies complaining, once again, about that dastardly biased "Liberal Media."

UPDATE 12/20/11, 11:52pm PT: The local NBC affiliate, TMJ-4 in Mequon, reveals the identity of dKos blogger "noise of rain" as Dave Hakman and reports that the man who destroyed his camera has now been arrested. Details from TMJ-4's coverage follow below...

[Now UPDATED with audio archives below...]

We're drafted into duty tonight, once again, to guest host the nationally syndicated Mike Malloy Show! (We'll also be filling in next Friday and the Thursday and Friday after that.) Hope you can join us tonight!

As usual, we'll be BradCasting LIVE 9pm-Mid ET (6p-9p PT), coast-to-coast and around the uprising globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

• LOTS TO CATCH UP ON! I've got too many stories and not enough time to list them all here. But we'll try to get the stories straight on everything from the Budget Compromise (heading to a deadline tonight), the controversial NDAA bill, the nonsense on the Keystone XL pipeline from last night's idiotic GOP Debate on Fox "News" to a bevy of voting and election related stories, from the Recall Walker effort in WI to the amazing story of Venango County, PA's disturbing discoveries from their landmark forensic analysis of their 100% unverifiable ES&S touch-screen voting systems! We'll also have the latest news on whether Clear Channel will allow progressive Green960 to stay on our public airwaves in San Francisco.
• A FEW FRIENDS Our own DESI DOYEN of the Green News Report will be joining us to sort some of this all out! And we'll also be checking in for a special simulcast with Thom Hartmann's producer JACOB DEAN, host of Filter Free Radio and one of many hosts from Nicole Sandler's RadioOrNot.com network's 24-hour OccuThon, kicking off tonight in support of the Occupy Wall Street movement!
• PLUS! Your calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or at WhiteRose Society or via MikeMalloy.com.

POST-SHOW UPDATE: Tonight's show flew by! At least for me. Buckle up and see if it does for you as well! The commercial-free audio archives (as well as the chat room archives) are now posted below! Enjoy!...

TWITTER: @GreenNewsReport
VIA SMART PHONE: Stitcher Radio!

IN TODAY'S RADIO REPORT: Arsenic and other tasty toxins contaminate groundwater near coal plants; Use less gas, pay more!; Bizarre meltdown at the Nuclear Regulatory Commission; BP gets a license to drill --- again --- in the Gulf of Mexico; Solar surges in 2011; PLUS: "Human oil spill" outside House Speaker John Boehner's office ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): What the Frack?: Add Quakes to Natural Gas Rush; Wisconsin Mine Plan Prompts Backlash; Exxon Mobil predicts surge in hybrid vehicles; Putting US Farmland on a Fertilizer Diet; Killing of Wolves From Air Draws Fire ... PLUS: Facebook Unfriends Coal, Partners with Greenpeace for Clean Energy Future ... and much, MUCH more! ...

Guest blogged by Ernest A. Canning

Election laws in Wisconsin are not covered by Section 5 of the federal Voting Rights Act, which would otherwise require the Dept. of Justice or a federal panel of judges to "preclear" such laws to assure they are not discriminatory. Thus, it falls to non-governmental organizations, such as the American Civil Liberties Union (ACLU), to take legal action in hopes of protecting Constitutional voting rights for citizens of the Badger State.

That's exactly what the organization did this week, in filing a 54-page federal complaint on behalf of some 17 named plaintiffs --- including elderly, student, minority and even veteran voters --- who may well be unable to cast their once-legal vote under the state's new voter suppression bill passed earlier this year by its GOP legislature and signed into law by its Republican Gov. Scott Walker.

The lead plaintiff in Frank vs. Walker [PDF], the ACLU's class action lawsuit filed in the U.S. District Court for the Eastern District, seeking to halt enforcement of the state's new photo ID voting restrictions, is 84-year old Ruthelle Frank.

As we previously reported, Frank has been a lawful resident of Brokaw, WI since her home birth in 1927. Although she has voted in every election since 1948 and is an elected member of the Brokaw Village Board, she learned that she may be barred from voting come February 2012 because she lacks one of the official photo IDs mandated by that state's new vote-suppressing photo ID law.

She was born at home, without a birth certificate, and will be forced to pay $20 to get one in order to get her supposedly "free" ID to vote. But even that may not be enough. Frank recently learned she may not be able to comply with the state GOP's Photo ID restriction unless she coughs up upwards of $200 to amend the Register of Deeds record of her home, which had misspelled her maiden name.

The feisty octogenarian, however, was not about to quietly accept this assault on a right she had exercised without interference for the past 63 years (see a video interview with her below), and so she agreed to lead the ACLU suit.

The ACLU complaint, however, may serve to be larger than just the 17 voters (and thousands of others included as part of 6 different classes) in the state of Wisconsin. If it succeeds, the lawsuit could have national implications that would go well beyond the question of who gets to vote in Wisconsin in the 2012 Presidential election. The case could serve to reverse the bevy of voter-suppression laws being enacted by Republicans in state after state in the wake of their take-over of statehouses across the nation in November of 2010...

I missed this last week, but as we'd previously covered the stated intentions of Rightwingers to sabotage the 'Recall Walker' effort in Wisconsin by shredding and burning petitions and the death threats reportedly received by supporters of the effort to remove Wisconsin's anti-union Republican governor Scott Walker, I wanted to get this on record here.

Jeffery Karnitz, a 30-year old Wisconsinite, has now been cited with two felony election fraud counts for defacing recall petitions in the Badger State. He now faces a year and half in prison and a $10,000 fine for each count. This genius already has a fairly long wrap-sheet, but more on that in a moment...