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By Brad Friedman on 10/29/2013 6:05am PT  

[This article now cross-published by The Progressive...]

Okay. Now this is beginning to get completely absurd.

In an article at New Republic headlined "I Did Not 'Recant' on Voter ID Laws'," published Monday, 7th Circuit Appellate Court Judge Richard Posner now claims he hasn't actually disavowed his landmark majority opinion in Crawford v. Marion County Election Board after all!

The record will show, however, the Reagan-appointed judge may have a bit of a faulty --- or, at least, selective --- memory.

The Crawford case is the now-infamous 2007 challenge to Indiana's then new polling place Photo ID restriction law which Posner voted to uphold in a 2 to 1 decision. The law was subsequently upheld by the U.S. Supreme Court in 2008. It is the only high-profile case to uphold such laws as Constitutional, even though Justice John Paul Stevens, who wrote the controlling opinion at SCOTUS, now believes dissenting Justice David Souter "got the thing correct."

Despite recent comments by Posner, in both his new book and at HuffPo Live, appearing fairly clearly to suggest he now believes he was wrong about his original decision in the case (which is often incorrectly cited by Republican supporters of such disenfranchising laws); and his expressed belief that the 7th Circuit Court of Appeals dissenter Judge Terrence Evans "was right"; and his assertion that such laws are "now widely regarded as a means of voter suppression rather than fraud prevention," Posner now appears to be wobbling back again in his latest response to his own controversy...

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

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Something for Washington state voters to chew on as they consider ballot initiative for labeling of genetically modified foods...
By Ernest A. Canning on 10/25/2013 5:58pm PT  

A headline in the bi-monthly magazine, Pacific Standard declares: "The Scientific Debate About GM Foods Is Over: They're Safe". The article cites multiple scientific journals and governmental organizations to support the assertion.

Anyone reading the article might assume that, like global climate change, there is a consensus within the scientific community that food made of genetically modified organisms (GMOs) are perfectly safe for human consumption; that there's no need for a debate; that the now-pending initiative to require GM foods to be labeled as such in Washington State is just silly.

After articles like the one offered by Pacific Standard --- and a $17.2 million ad campaign by Monsanto and the Grocer's Manufacturing Association --- enough Evergreen State voters are seemingly now convinced that there is no need to label GMOs that pollsters have declared the initiative "too close to call" at the moment. Why, after all, should we bother to label food in the face of a scientific consensus that GMOs are perfectly safe?

The problem is, according to the European Network of Scientists for Social and Environmental Studies (ENSSER), no such scientific consensus exists...

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

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By Brad Friedman on 10/25/2013 6:05am PT  

When Don Yelton, North Carolina Republican Party Executive Committee Member and GOP Precinct Chair of Buncombe County, NC tried to explain to The Daily Show that the state's new polling place Photo ID restriction law wasn't racist at all, things went from bad to worse.

Mind you, the "bad" was when he (actually!) claimed that one of his best friends was black! So...you can only imagine what the "worse" was...

Yeah. Pretty amazing. In an interview with Mountain Xpress after the show aired Wednesday night, Yelton said he was pleased with the way the Daily Show had edited the conversation. "The comments that were made, that I said, I stand behind them. I believe them," he told the paper. "To tell you the truth, there were a lot of things I said that they could’ve made me sound worse than what they put up."

But the Republican Party --- currently fighting in court to support the most restrictive voter suppression law to be passed in the nation since the Jim Crow era --- is not quite as pleased. The Buncombe County GOP said in a statement on Facebook, that "Mr. Yelton’s comments do not reflect the belief or feelings of Buncombe republicans, nor do they mirror any core principle that our party is founded upon."

And, late Thursday, as Prachi Gupta at Salon reports, despite initially standing behind his comments, Yelton has now stepped down as the GOP precinct chair in Buncombe County:

Speaking to Pete Kaliner, host of "The Pete Kaliner Show" on WWNC 570 AM, Yelton has officially resigned from his position as precinct chair within the Buncombe County Republican Party.

Nathan West, Communications Director of the Buncombe County GOP, told Salon over the phone that he is worried about the "artificial damage" Yelton has caused the party.

Um, artificial damage?

Gawker reports that Yelton has now also stepped down from his state Republican Party leadership position as well. Moral for Republicans: It's okay to think it and pass laws based on it, just don't say it out loud, please and thanks, and certainly not in front of a TV camera!

* * *

UPDATE: Yelton has a new story. He now says The Daily Show took him out of context (in contrast to what he said previously, as seen above), then goes on to use the n-word to defend himself and calls his local Republican Party "gutless" because says they could have "turn[ed the interview] into a positive" by using it to show they accept all points of view. Seriously. See TPM for more...

* * *
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By Brad Friedman on 10/23/2013 4:20pm PT  

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

One of the world's largest ATM manufacturers and, formerly, one of the largest manufacturers of electronic voting systems, has been indicted by federal prosecutors for bribery and falsification of documents.

The charges represent only the latest in a long series of criminal and/or unethical misconduct by Diebold, Inc. and their executives over the past decade.

According to Cleveland's Plain Dealer, a U.S. Attorney says the latest charges are in response to "a worldwide pattern of criminal conduct" by the company....

Federal prosecutors Tuesday filed charges against Diebold Inc., accusing the North Canton-based ATM and business machine manufacturer of bribing government officials and falsifying documents in China, Indonesia and Russia to obtain and retain contracts to provide ATMs to banks in those countries.

The two-count criminal information and deferred prosecution agreement calls for Diebold to pay nearly $50 million in penalties: $23 million to the U.S. Securities and Exchange Commission, and $25 million to the Department of Justice.

The agreement with federal prosecutors also calls for the implementation of rigorous internal controls that includes a compliance monitor for at least 18 months. The government agreed to defer criminal prosecution for three years, and drop the charges if Diebold abides by the terms of the agreement.

Despite at least $1.75 million in bribes said to have been paid the company around the globe, nobody will go to jail for what U.S. Attorney Steven Dettelbach describes as their "worldwide pattern of criminal conduct," because they are a corporation --- and you are not.

The $50 million the company has agreed to pay is a mere fraction of the firm's $3 billion in annual revenues. That, even though Diebold is a repeat offender --- which may be describing it mildly...

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

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By Ernest A. Canning on 10/23/2013 6:05am PT  

After what he describes as the Republican Party's victory of "pettiness and bigotry" over "pragmatism and principle", Bexar, Texas County Criminal Court Judge Carlo Key has decided to leave the GOP to run next year as a Democrat instead.

In a video posted to his website, Key, who was first elected in 2010, echoed and reversed Ronald Reagan's explanation for leaving the Democratic Party to become a Republican in 1962. "Make no mistake," Key says, "I have not left the Republican Party. It left me."

"I cannot tolerate a political party that demeans Texans based on their sexual orientation, the color of their skin or their economic status," Key explains in detailing some of his reasons for the party switch. "I will not be a member of a Party in which hate speech elevates candidates for higher office rather than disqualifying them. I cannot place my name on the ballot for a political party that is proud to destroy the lives of hundreds of thousands of federal workers over the vain attempt to repeal a law that would provide health care to millions of people throughout our country"...

Key's brief video, along with a text transcript of his remarks, follow below...

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

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Though their convictions were eventually vacated, the five boys who served years in jail after coerced confessions to a crime they didn't commit, still deserve much more...
By Brad Friedman on 10/21/2013 2:33pm PT  

[This article now cross-published by The Progressive...]

I finally found a moment recently to watch The Central Park Five, a documentary film by Ken Burns, Sarah Burns, and David McMahon which aired on PBS earlier this year about the travesty of justice following the infamous 1989 Central Park Jogger case.

The word "travesty" here isn't really strong enough to properly describe what happened in this case if the film and the available evidence are accurate.

The film details the story of the five young African-American and Hispanic boys from Harlem, aged 14 to 16, who had absolutely nothing to do with the brutal beating and horrific rape of a white, affluent, 28-year old female jogger, but who ended up serving some seven years each (more in the case of the one 16-year old) after false confessions were apparently coerced out of them by New York City police detectives in the days immediately following the crime.

According to the documentary, one of the kids who was falsely convicted wasn't even considered a suspect when a NYC detective in Harlem, seeking to bring the boy's friend into the station for questioning, suggested the boy come along for the quick ride downtown and back. He promised him he'd be home in an hour or so. It would be years before either of them were allowed to go back home for good.

The film, frankly, is extraordinary disturbing, heart-breaking and infuriating on several different levels, not the least of which was that I lived in NYC when the horrible rape and violent assault --- attempted murder, actually --- took place. I remember the supposed "wilding" incident well, along with the fear and furor that subsequently gripped the city. Yet, I had no idea, until this film, that the boys tried and convicted for the crime were, years later, found to have been completely innocent. They had absolutely nothing to do with the crime they were each convicted of...

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

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By Ernest A. Canning on 10/18/2013 5:04pm PT  

With the 81 - 18 vote in the U.S. Senate and 285 - 144 tally in the U.S. House, Congress averted a worldwide economic disaster this week by finally voting to end the 16-day, 'Tea-Party' manufactured shutdown and debt ceiling crises.

As CNN noted, shortly after President Barack Obama signed the measure into law, Congress has furnished only a "temporary bandage," which leaves the draconian "sequester" cuts in place, authorizes government spending at current levels through Jan. 15, 2014 and postpones the same threat of a default on the nation's financial obligations until Feb. 7, 2014.

Meanwhile, radical 'Tea Party' Republicans, like Rep. Mick Mulvaney of South Carolina, insisted "this was worth having the fight," even as they were conceding absolute defeat.

Worth it? Well, not to actual fiscal conservatives, according to the numbers...

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

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By Brad Friedman on 10/17/2013 4:59pm PT  

Brilliant.

[Hat-tip to @litbrit.]

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 10/17/2013 4:01pm PT  


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IN TODAY'S RADIO REPORT: The long national shutdown is over --- for now --- and environmental services and protections are returning; PLUS: Australia erupts in 'freakishly early' bushfire season; AND: The 40th anniversary of the 1973 Arab Oil Embargo ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Air pollution definitively linked to cancer; Lloyd's of London warns on warming, mocks deniers; Minimata Mercury Convention signed by world governments; Why Supreme Court taking on greenhouse gases isn't as bad as it looks; US shale boom shows signs of permanent decline; Uneven enforcement at US nuclear plants; Wisconsin opens wolf hunting season; ND farmers sue over natural gas flares; BP Oil Spill Trial update; World's first climate refugee seeks asylum in NZ; Kauai moves to restrict GMOs; PLUS much, MUCH more!...

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UPDATED with response to election law professor Rick Hasen's critique...
By Brad Friedman on 10/16/2013 2:54pm PT  

[This article now cross-published by The Progressive...]

This story just keeps getting more insane.

We recently told you --- at The BRAD BLOG and at Salon --- about Judge Richard Posner's remarkable disavowal of his own majority opinion in the 7th Circuit Court of Appeals case that became the basis for the U.S. Supreme Court's 2008 approval of the Republican implementation of polling place Photo ID restriction laws.

Though it's the only court case of note that Republicans are able to cite in claiming the "constitutionality" of such laws, last week, during an interview with HuffPo Live, Posner recanted the opinion he wrote in the case. He claimed that he "did not have enough information...about the abuse of voter identification laws," to make a better decision in 2007's Crawford v. Marion County Election Board. If he had, he said, the Indiana case "would have been decided differently."

Of course, at the same time, he noted that the dissenting judge in the case seems to have had no trouble ruling correctly at all. Judge Terence T. Evans blasted at the beginning of his dissent in the case [PDF]: "Let’s not beat around the bush: The Indiana voter photo ID law is a not-too-thinly-veiled attempt to discourage election-day turnout by certain folks believed to skew Democratic."

Evans "was right", Posner now admits, and his own decision was wrong. Apparently, Evans somehow did have the information needed to decide the same case correctly, even if Posner now claims that he, personally, did not for some reason.

Today, the New York Times finally decided to cover Posner's admission, and they add at least one more head-spinning element to all of this...

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

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By Brad Friedman on 10/15/2013 4:10pm PT  

As everything falls apart on The Hill tonight, again, Sen. Ted Cruz' speech writer and senior communications adviser Amanda Carpenter just had the temerity to tweet this...

She must be joking, right? Apparently, she isn't. Just completely and entirely tone deaf. Or just plain stupid. Congressional staffers are being forced to buy their health care on the Affordable Care Act exchanges because Republicans in the Senate added that requirement in an amendment during the fight over the ACA's passage in 2010, hoping that it would be a poison pill to kill the bill. The Democrats called their bluff and said, 'Okay, fine.' And now Carpenter is whining about the uncertainty it appears to be causing her.

That, while she and her boss are bringing down the U.S. government and potentially the global economy, in an attempt to keep some 50 million Americans from getting health care at all. Amazing.

* * *

UPDATE: With Fitch issuing a warning tonight that they may soon be forced to downgrade the U.S. government's AAA credit rating, thanks to the GOP's Cruz-inspired threats to default on the debt limit, maybe Carpenter will soon have the chutzpah to whine about the drop in value of her 401k plan.

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By Brad Friedman on 10/14/2013 12:38pm PT  

As the idiotic Republican shutdown continues and debt ceiling collapse looms, GOP approval ratings plummet yet again in latest poll. The new survey from ABC/WaPo finds a stunning 74% of Americans disapprove of the way the GOP is handling budget negotiations, that's up 11 points from before the shutdown started.

But more important to remember, as all of this idiocy drags on --- and as Dems consider some form of "concessions" to allow the GOP the face-saving measures they need to get out of this mess --- are numbers like the following, underscoring just how idiotic and hypocritical all this nonsense actually is...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 10/10/2013 3:57pm PT  


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IN TODAY'S RADIO REPORT: Shutdown's 'non-essential' food safety workers discovered essential after all in widespread salmonella outbreak; International community moving forward on climate solutions; Natural Gas War on Coal closes dirty coal plants; "The New Normal" - a time frame for climate change; PLUS: Climate science deniers now denied access to the L.A. Times ... All that and more in today's Green News Report!

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

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By Ernest A. Canning on 10/10/2013 11:03am PT  

Speaking on the floor of the U.S. Senate last week, on the third day of the federal government shutdown, Sen. Elizabeth Warren (D-MA) excoriated Republicans in the House of Representatives as "extremists" and "anarchists", while offering an impassioned case for why "government matters."

[See video and transcript below.]

"When I hear the latest tirades from some of the extremists in the House, I am struck by how vague these complaints are," she said. "The anarchy gang is quick to malign government, but when was the last time anyone called for regulators to go easier on companies that put lead in children’s toys, or for food inspectors to stop checking whether the meat in our grocery stores is crawling with deadly bacteria, or for the FDA to ignore whether morning sickness drugs will cause deformities in little babies?"

She went on to argue that the American system of governance, though far from infallible, can carry out the will of the people who are positioned to correct it and make it better. "Our democracy is an experiment, and it’s always evolving. We constantly redesign and re-imagine and improve on what we do together."

"You can do your best to make government look like it doesn’t work when you stop it from working. You can do your best to make government look paralyzed when you paralyze it. You can do your best to make government look incompetent through your incompetence, and ineffective through your ineffectiveness. But sooner or later, the government will reopen. Because this is a democracy, and this democracy has already rejected your views," she said, before concluding with a message of optimism.

"Today," Warren said, "a political minority in the House that condemns government and begs for this shutdown has had its day. But like all the reckless and extremist factions that have come before it, their day will pass, and our democracy will return to the important work that we have already determined to do together."

* * *

Here's a video of the key section of Sen. Elizabeth Warren's powerful 10/3/2013 remarks on the U.S. Senate floor, (a longer version can be viewed here) followed by a text transcript...

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

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By Brad Friedman on 10/9/2013 3:15pm PT  

Just chanced across this note I wrote to myself on my iPhone in June of 2010...

Wow. Just spent day as only non-wingnut at wingnut media conf. Need bath.

Wonder what's destroying our country/world? Fox 'News'. But u prolly knew that. (They didn't)

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