Supreme Court Justice Antonin Scalia's obnoxious remark Wednesday about the Voting Rights Act as a "perpetuation of racial entitlement" wasn't the half of it.

Scalia is often held up by self-described "conservatives" as a model jurist, setting the standard for the type of "strict constructionism" or "originalist" interpretation of the Constitution that Republicans would like to see more of on the bench.

Jurists like Scalia, the pretend argument goes, are the antidote to those "liberal activist judges" who don't appreciate the limited authority of the judicial branch and who abuse their position in order to usurp the power of the executive and/or legislative branches by --- gasp! --- "legislating from the bench!"

Wednesday's shameful display by Scalia, however, during the Shelby v. Holder hearing at the U.S. Supreme Court, on whether or not Section 5 of the Voting Rights Act (VRA) ought to be discontinued, should serve to put the bald hypocrisy of that entire Republican myth to bed for good. The Supreme Court Justice beloved by the hard right demonstrated exactly why that hard right loves him --- and it has nothing to do with "conservatism" or "judicial restraint" or "strict constructionism" or any of those other absurd partisan talking points bandied about in regard to Scalia...

The first section of the Fifteenth Amendment to the Constitution, ratified in 1870 after the Civil War and the abolition of slavery, reads simply: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."

The second, and final section of the 15th Amendment, is even shorter: "The Congress shall have power to enforce this article by appropriate legislation."

Congress is charged with determining the "appropriate legislation" to assure that voters are not discriminated against on the basis of race. And, though it took almost another 100 years after the ratification of the 15th Amendment to do so, the Voting Rights Act (VRA) of 1965 was passed to help ensure exactly that.

In 2006, in continuing its duty to uphold the Constitution, after 21 Congressional hearings, including testimony that amounted to some 15,000 pages of evidence, the VRA was re-authorized for another 25 years by an astounding 98 to 0 margin in the U.S. Senate and a nearly-as-impressive 390 to 33 in the U.S. House.

"There was a lot of invidious discrimination shown," says Rep. James Sensenbrenner (R-WI), who chaired the U.S. House Judiciary Committee at the time. He characterized the hearings, which closely examined the extent to which racial discrimination still affects minority voters, as "one of the most extensive considerations of any piece of legislation that the United States Congress has dealt with in the twenty-seven and a half years that I have [served]."

That year's VRA re-authorization was signed into law by Republican George W. Bush. The law's three other federal re-authorizations (in 1970, 1975 and 1982) were also signed into law by Republican Presidents.

One of the most successful, and universally respected pieces of bi-partisan legislation in our nation's history, however, is now coming under serious attack from Republicans and a group of billionaire funders in the years following its last re-authorization. Since that year, an unprecedented number of challenges against the VRA --- specifically its Section 5, which applies to some 16 different jurisdictions with a long history of racial discrimination --- have been filed in the court system, at the same time that a tidal wave of voter suppression laws have been passed by GOP legislatures across the country, most notably, in many of the jurisdictions covered by Section 5.

A challenge to that section of the VRA, which served to block a number of new restrictions on voting and voter registration during the run-up to the 2012 election, will be heard by the U.S. Supreme Court on Wednesday, and the outlook for the crucial protections that Section 5 has offered for decades are now potentially in very grave danger of being struck down entirely...

Last Friday night on MSNBC, Rachel Maddow proudly, and justifiably, crowed about the ratings success of last Monday new NBC News documentary, Hubris: Selling the Iraq War, as narrated by her and based on the 2007 book by David Corn and Michael Isikoff.

"First I want to say thank you, if you tuned in this past Monday to watch the new MSNBC documentary about how the last administration tricked the U.S. into the Iraq War," she said. The film garnered the highest ratings of any documentary in the history of the channel.

"The success is really exciting. It means there will be more of where that came from in coming months and years," Maddow explained before announcing that the film will re-air on Friday, March 15th at 9pm ET. (You can watch the entire documentary online before that right here, if you like.)

Congratulations are certainly due. While there were several new revelations in the film, much of the story of the string of blatant lies and scams culled together to hoax the country into war had already been known to those of us news geeks who follow this stuff too closely. Nonetheless, it was very helpful, and an excellent reminder, to see the entire case laid out in a single, simple, watchable presentation. We're delighted to hear it was a ratings success.

Revisiting that disaster also helped encourage The BRAD BLOG to examine several still-existing loose ends --- beyond the fact that, shamefully, nobody in the Bush Administration has ever been brought to account in any way for what happened, including what are clearly a series of very serious war crimes. Among the points we've been looking into, in the wake of the Hubris documentary, is the questions of whether or not Colin Powell "knowingly lied" in his presentation of what turned out to be blatantly false evidence for the case against Saddam Hussein and Iraq, when the then-Secretary of State spoke to the U.N. Security Council on February 5, 2003 and helped turn the tide of public opinion in favor of an invasion.

Powell's Chief of Staff at the time, Col. Lawrence Wilkerson, admits during the film that he and Powell "did participate in a hoax." But, in a statement in response to our request for comment, Wilkerson vigorously denied that either he or his boss knowingly did so. He sent his statement after we'd published anti-war author and activist David Swanson's critique of the Hubris film, on the day after it initially aired. In the critique, Swanson cites his own 2011 essay which offers evidence to argue that Powell "knowingly lied" during his presentation to the U.N. (Both Swanson and 27-year Sr. CIA analyst Ray McGovern, who was cited in Wilkerson's response, each replied to him in turn. You can read all of their responses here.)

While Swanson "applauded" the MSNBC documentary for helping to "prolong Americans' awareness of the lies that destroyed Iraq," he also offered a number of pointed critiques for the cable news channel itself. His observations are on-point in both regards, and help to raise a suggestion for an important and necessary follow-up documentary that, we suspect, would likely garner ratings at least as high as those earned for Hubris.

After all, though Hubris:Selling the Iraq War focused on the lies told by the Bush Administration in the run-up to war, unfortunately, they were not the only ones "selling the Iraq War"...

We'll have a related-ish story on all of this Monday. But, for the moment --- in the comment thread of our recent story about Colin Powell's former Chief of Staff Col. Lawrence Wilkerson's vehement denial that his old boss "knowingly lied" during his infamous 2/5/03 U.N. Security Council presentation of what turned out to be false evidence of an Saddam Hussein's WMD program, there was a fair bit of vitriol directed at both Powell and Wilkerson.

A number of commenters feel that neither of the two men have yet to come fully clean, and argued as much in pretty harsh terms in their remarks.

Longtime BRAD BLOG commenter David Lasagna offered this observation in the same thread in response to some of those commenters...

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[Now UPDATED with a response from 27-year CIA analyst Ray McGovern at bottom of article.]

In a response to a charge cited by The BRAD BLOG on Tuesday that then Sec. of State Colin Powell "knowingly lied" during his infamous February 5, 2003 presentation of false intelligence to the U.N. Security Council about the need to attack Iraq, Col. Lawrence Wilkerson, Powell's Chief of Staff at the time, characterizes the allegation as unfair.

He says points made in support of that claim are "misleading and even spurious" and "not supported in the surrounding narrative."

"I have admitted what a hoax we perpetrated," says Wilkerson in his reply today, sent in response to our request for comment. "But it actually spoils or desecrates a fair condemnation of what is already a bad enough set of misstatements, very poor intelligence analysis, and --- I am increasingly convinced, outright lies --- to take the matter to absurdity with one man, in this case Powell."

David Swanson, who authored the charges in question, as cited earlier this week by The BRAD BLOG, disputes Wilkerson's response. The full remarks by both men are posted in full at the end of this article.

On Tuesday, we ran Swanson's critique of Hubris: Selling the Iraq War, a new NBC News documentary based on the book of a similar name by journalists David Corn and Michael Isikoff. (You can watch the entire film online here.)

While Swanson lauded the project for helping to "prolong Americans' awareness of the lies that destroyed Iraq," he offered a number of worthy criticisms as well, including the fact that MSNBC, which aired the documentary, failed to acknowledge its own participation in propagating many of those same lies to the American people.

Featured in the film are several new pieces of information and commentary that have come to light since the original publication of Corn and Isikoff's 2007 book.

Some of those revelations come by way of Wilkerson, a retired U.S. Army Colonel and, more to the point, Powell's Chief of Staff at the time of his February 5, 2003 presentation to the U.N. Security Council on the supposed chemical, biological and nuclear threats posed by Saddam Hussein. That presentation by, perhaps, the most well-respected official in the Bush Administration at the time, is widely credited with turning the tide of public opinion in favor of the invasion of Iraq which would commence just weeks later, ten years ago next month.

Unfortunately, virtually every piece of evidence presented by Powell at the U.N., said to have been culled from various intelligence agencies, turned out to be completely false. Some years later, Powell would describe the speech as a "painful" "blot" on his career. As Hubris details, Powell's evidence was not only wrong, but known to be wrong by many in the intelligence community by the time that it was presented to the public as fact by the well-respected Secretary of State.

"Though neither Powell nor anyone else from the State Department team intentionally lied," says Wilkerson in the film, "we did participate in a hoax."

Swanson's critique, however, takes that point further, charging that "The Hubris version of Colin Powell's lies at the United Nations is misleadingly undertold."

"Powell was not a victim. He 'knowingly lied.'," wrote Swanson, including a link to his own 2011 op-ed at Consortium News headlined "Colin Powell's Disgraceful Lies".

Given the serious nature of the charges cited by Swanson, as detailed in his 2011 piece --- all well-documented with direct quotes from the State Department's own January 31, 2003 Bureau of Intelligence and Research (INR) assessment repeatedly describing most of the claims Powell would offer the following week at the U.N. as "WEAK" at best, and "implausible" in many cases --- it seemed appropriate to given Wilkerson the opportunity to respond to the direct allegation that Powell was outright lying during his U.N. presentation.

In his response, Wilkerson draws a line in the sand, if you will, against the contention that his former boss "knowingly lied"...

On Monday night, NBC News aired its new documentary, Hubris: Selling the Iraq War, based on the book of a similar name by David Corn and Michael Isikoff. The film offered a number of new and disturbing insights since the original 2007 book was published.

While it may be maddening --- particularly for those of us who followed the massive scam as it was ongoing --- the documentary should be mandatory viewing for those who have lost sight of just how each and every single one of the key reasons used to sell the U.S. on war with Iraq was built on known lies. Each and every point --- from Saddam's alleged ties to al-Qaeda, to his alleged mobile chemical labs, to his alleged nuke program, to those aluminum tubes said to have been for use in uranium enrichment, to the "fissile material" (yellowcake) he was said to have been trying to obtain from Niger --- was a lie. And each an every lie was known to be a lie by the scoundrels and war criminals who sold it to the American public and a compliant American media.

Even with its failures, and several of them are identified here, Hubris reminds us of how each and every one of those points was a scam. Period. And, while it's not expressly highlighted (but should be in a follow up!), we are reminded how none of the liars have ever faced any accountability whatsoever, despite nearly 4,500 U.S. troops killed, more than 30,000 of them wounded, well over 100,000 Iraqi citizens murdered and some $3 trillion looted from our nation's coffers. You should take the time to watch it.

The entire documentary, broken into 6 parts, narrated by MSNBC's Rachel Maddow, and originally aired on 2/18/2013, follows in full below...

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As our government was making a fraudulent case to attack Iraq in 2002-2003, the MSNBC television network was doing everything it could to help, including booting Phil Donahue and Jeff Cohen off the air.

The Donahue Show was deemed likely to be insufficiently war-boosting and was thus removed 10 years ago next week --- and 10 days after the largest antiwar (or anything else) demonstrations in the history of the world --- as a preemptive strike against the voices of honest peaceful people.

From there, MSNBC proceeded to support the war with mild critiques around the edges, and to white-out the idea of impeachment or accountability.

But now MSNBC has seen its way clear to airing a documentary about the fraudulent case it assisted in, a documentary titled Hubris. This short film (which aired between 9 and 10 p.m. ET Monday night, but with roughly half of those minutes occupied by commercials --- watch the entire documentary now online here) pointed out the role of the New York Times in defrauding the public, but not MSNBC's role.

Yet, my primary response to that is joy rather than disgust. It is now cool to acknowledge war lies. Truth-tellers, including truth-tellers rarely presented with a corporate microphone, made that happen...

One wonders whether the synapses simply fail to connect in the minds of zealots.

First we get a zealot like Scott Roeder who was so consumed with the "right to life" that he murdered Dr. George Tiller.

Then there’s the more recent case of the infamous ex-LAPD officer Christopher Dorner, who told his captive, Jim Reynolds, that he had gone on his murderous rampage because he wanted to clear his name.

Now comes the case of 45-year old Everett Basham, who was so upset with the injustice of new gun safety legislation that he allegedly sent an email to California State Senator Leland Yee (D) threatening to kill him unless Yee "stopped pushing legislation to ban so-called 'bullet buttons,' devices that permit swift reloading of military-style assault weapons by allowing for rapid exchange of ammunition magazines."

"The author of the email specifically stated that if I did not cease our legislative efforts to stop gun violence that he would assassinate me in or around the Capitol," Yee said in a statement last week. "He stated that he was a trained sniper and his email detailed certain weapons he possessed."

Then, again, perhaps Basham, the alleged author of the email, will claim that he was simply following the advice of James Yeager, the CEO of Tactical Response, a Tennessee company that specializes in weapons and tactical training. Yeager posted a video on YouTube in January in which he threatened to "start killing people" if President Obama continued to advance a gun safety agenda.

Prosecutors in Santa Clara County have charged Basham with ten felonies, including illegal possession of assault weapons, illegal possession of a destructive device and bomb making materials, criminal threats and the forging and possession of a fake driver's license. There's been no indication, as yet, that Tennessee authorities have undertaken to charge Yeager in connection with his terrorist threat, though his concealed carry permit was quickly suspended following his video-taped threat.

[UPDATE: Watch the entire documentary now online here.]

David Corn at Mother Jones offers a preview of some of the new information coming Monday, in Hubris: Selling the Iraq War, an MSNBC documentary based on the book of a similar name by Corn and Michael Isikoff.

The film, to be narrated by Rachel Maddow, is said, like the book, to detail the inside story of how America and the world were knowingly scammed by the Bush Administration into invading Iraq ten years ago next month, leading to, as Corn describes it, "a nine-year war resulting in 4,486 dead American troops, 32,226 service members wounded, and over 100,000 dead Iraqi civilians."

"The tab for the war topped $3 trillion," he adds, even though "it turned out there were no weapons of mass destruction and no significant operational ties between Saddam's regime and Al Qaeda. That is, the two main assertions used by Bush and his crew to justify the war were not true."

The facts of how the nation was conned into going to war, Maddow has argued over the past week while promoting and previewing the new film, are important to understand in order to avoid the same thing happening again. "If what we went through 10 years ago did not change us as a nation --- if we do not understand what happened and adapt to resist it --- then history says we are doomed to repeat it," she says.

Maddow says the documentary will likely ruffle many political feathers, and Corn offers a few of the new nuggets of new information on the scam that have been revealed since the publication of his and Isikoff's 2007 book that will be presented in the MSNBC film on Monday, Presidents Day. Among them...

"If a tree falls in the forest (because of global warming), but the media doesn’t report on it, does it make a sound?," asks Joe Romm at Climate Progress, along with a pretty incredible observation.

Romm highlighted the Washington Post's front page banner the day after this week's State of the Union speech, during which President Obama spent a rather large chunk of it on issues related to climate change and energy.

Nonetheless, when WaPo summarized the percentage of the speech devoted to each of the various topics mentioned during the address, here was the front page banner used to detail it on Wednesday (click graphic to enlarge):

As Romm notes:

Amazing.

But, maybe such things just aren't very important to the "State of the Union" after a year of record drought, record heat, and a record number of global warming-related natural disasters.

[UPDATED THRICE following the State of the Union address.]

Ryan J. Reilly had the scoop at HuffPo tonight. We're about to get another bipartisan commission on voting reforms...

After the 2000 Presidential election fiasco, a bipartisan blue-ribbon commission headed by former Presidents Jimmy Carter and Gerald Ford was created by Congress. The commission offered reforms that ultimately helped lead to the disastrous Help America Vote Act of 2002. That bill, among other things, offered some $4 billion in federal money to states in order to "upgrade" to computerized voting systems. Those same systems, using proprietary hardware and software from private vendors, tally votes in secret and continue to fail in election after election even today.

After the 2004 Presidential election fiasco, a private bipartisan commission was created, as The BRAD BLOG was the first to reveal, by high-level Republican operatives and former Bush/Cheney officials calling themselves the American Center for Voting Rights (ACVR). The private commission, formed in secret, was headed by Carter and longtime Bush family friend James A. Baker III, the man who took Bush's 2000 fight to keep ballots from being counted in the state of Florida all the way to the U.S. Supreme Court. The inclusion of Baker on the commission led to an uproar from Election Integrity advocates, a furious response at The BRAD BLOG from the commission's Executive Director for our revelation of the scam, a letter from then Chair of the U.S. House Judiciary Committee Rep. John Conyers (D-MI) stating his "strong opposition" to Baker's presence on the commission, and then a guest-blog from Conyers himself, here at The BRAD BLOG.

As Conyers noted at the time, and as the sham Baker/Carter commission's report ultimately showed, the private commission was created in order to lay the groundwork for polling place Photo ID restrictions down the road. "Make no mistake about it," Conyers wrote here at the time, detailing his belief that the commission's push for Photo ID restrictions was "more of the same old Ken Blackwell-style Republican electoral dirty tricks, where Democratic voters are deliberately disenfranchised so that Republicans can win elections."

While the privately created Baker/Carter commission was meant to appear similar to the official Ford/Carter blue-ribbon commission (Ford was ailing at the time of the second commission, so was replaced with Baker), we can only hope that whatever new commission President Obama has in mind won't end up with the same "dead-on-arrival" recommendations as the ones from Baker and Carter. Though those recommendations were roundly criticized at the time, they are still cited today --- as if they were official recommendations --- by Republicans hoping to disenfranchise legal American voters through new restrictions on voting.

UPDATE: Reilly at HuffPo had it right. The President announced his call for a new commission during his State of the Union address tonight...

The still unfolding events surrounding the murderous rampage that has allegedly been carried out by Christopher Jordan Dorner, a former LAPD officer who has vowed to take revenge for his 2009 job loss by killing other officers and their families, while tragic, provide a teachable moment.

The notion advanced by the National Rifle Association (NRA) that safety can be insured if law abiding citizens simply take up arms or by adding armed police inside our schools is nothing more than dangerous nonsense.

In this instance, as two people who had nothing to do with Dorner's rampage were mistakenly shot at dozens of times by police officers wrapped up in the manhunt, we saw what can happen when fear is added to the equation...