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Latest Featured Reports | Thursday, November 27, 2014
'KPFK' BradCast: Maine Mystery, Ferguson Fury and Thanks for Something
'My thanks to all of you this Thanksgiving which, as a few callers reminded me, isn't nearly as terrible as it seemed before this week's show'...
Mysterious Ballots Flip Maine Senate Recount Result From Democratic to Republican
21 'phantom' ballots appear out of nowhere in Town of Long Island, reverse results of very close state contest, leaving officials baffled...
'Green News Report' 11/25/14
  w/ Brad & Desi
Gov. Cuomo blames meteorologists for his Buffalo storm fail; Canada protests another tar sands pipeline, lead's world in deforestation; PLUS: World Bank issue's dire warning...
Previous GNRs: 11/20/14 - 11/18/14 - Archives...
No Indictment in Ferguson Shooting of Michael Brown
A few early thoughts on the St. Louis County Prosecutor's extraordinary spectacle and miscarriage of justice on the night of his announcement...
'Recount' Ahead for Oregon's GMO Labeling Measure
Fewer than 900 votes separate 'Yes' from 'No' on 'Right to Know' Measure 92, out of more than 1.5 million paper ballots tallied by computers statewide in Nov. 4 election...
GOP House Intel Committee Findings Debunk GOP BENGHAZI! 'Scandal'
Final report released quietly before holiday weekend and before eighth Republican BENGHAZI! committee set to convene...
Monster Energy Drink Not Just Crappy, Also the Work of Satan!
The indisputable video proof is now here!...
'Green News Report' 11/20/14
  w/ Brad & Desi
Record-breaking storm breaks Buffalo; October 2014 hottest October on record; Sorry, Repubs: China to cap coal use by 2020; PLUS: Obama doubles down on climate foreign policy...
Previous GNRs: 11/18/14 - 11/13/14 - Archives...
Extreme Weather? What Extreme Weather?
Yes, scientists have been warning us about this for years. And, yes, the record breaking storm in Buffalo is tied to global warming...
We're #26! Harvard 'Electoral Integrity' Report Dings U.S.
'World's Greatest Democracy' rated worst among Western nations; Ranked just below Micronesia, just above Mexico in overall list...
Gag Order Won't Ensure Impartial Jury in Trial of 'Dark Lord of Coal Country'
WV's criminally indicted coal boss and U.S. Chamber of Comm. director Don Blankeship presents challenge for federal prosecutors...
Oxford English Dictionary's 2014 Word of the Year: 'Vape'
That small point likely underscores some very encouraging news for the health of the world...
'Green News Report' 11/18/14
  w/ Brad & Desi
US Senate fails to approve Keystone XL; Can Congress override the Prez next year?; Native Americans: KXL is 'an act of war'; PLUS: Accountability for 'The Dark Lord of Coal'...
Previous GNRs: 11/13/14 - 11/11/14 - Archives...
Sanders on Colbert: Midterms a Vote Against Both Parties
For those mad at us for asserting 'not voting IS a vote', look who just said the same thing...
Exclusive: St. Louis County Was Warned Before Election Paper Ballots Would Run Out
Email obtained by BRAD BLOG reveals County's top election official ignored warnings from election experts, leading to shortages...
Not Voting IS a Vote
Stop blaming those who didn't turn out. Americans did vote. By not turning out, they voted against the two major parties and against the system as a whole. It may have been a dumb vote, but it was a landslide...
Stephen Colbert is Really REALLY Funny
This segment makes clear once again that it's very very sad The Colbert Report is soon going away...
'Green News Report' 11/13/14
Historic US-China agreement that GOP said couldn't be done; New hope for int'l treaty; Repub freak out; Scientists say deal not enough, but good start...
Crucial Moment for FCC & 'Net Neutrality'
Will the Democratic majority commissioners support the President's clarion call and thwart GOP opposition to an open Internet?...
Brad on Hartmann TV: Election 2014 Mess
On thousands of 'missing' votes in Wisconsin, on Nate Silver and polls vs. 'results', on Rightwing 'True the Vote' voter fraud fraudsters, and on much more...
'Green News Report' 11/11/14
'Science has spoken': Final UN report - bad, good & room for hope; PLUS: Margaret Thatcher's historic climate change speech - when conservatives accepted science ...
IN MEMORIAM: Tomas Young, 1979-2014
On Veterans Day, America added another casualty from the War on Iraq -- one who, after first meeting and interviewing him in 2005, we will never forget...
Early Data Suggests TX GOP Photo ID Restrictions 'Worked'
Provisional ballots doubled, turnout down by more 1/4 million votes, despite larger population, contested gov's race and increased voter registration...
WI Scanner Fails To Tally Thousands of Votes in 'Citizens United' Referendum
'Programming error' blamed for paper ballot tabulator recording just 16 of 5,350 votes in city of Stoughton, WI...
The Results Were Skewed Toward Republicans: A Response to Nate Silver
The statistics guru unhelpfully explains away mid-term's surprising outcome by presuming pre-election polling was wrong and unverified election results were all correct...
'True the Vote' Group Fails to Find 'Voter Fraud' (Again)
Laughingstock RW org's 'army' of monitors and smart phone app uncover just 18 benign 'irregularities', 0 cases of polling place impersonation...
'Green News Report' 11/6/14
Election 2014-pocalypse: Republican hegemonic hellscape!; Climate deniers now in charge; PLUS: At least one note of very good environmental election news...
About Last Night: KPFK 'BradCast'
Guest Matthew Segal of OurTime.org joins Brad to discuss whether young voters are to blame for Tuesday's election results and, if not them, then who...or what...
Reuters: Voting Probs Around Nation, 2,000 Missing Election Judges in Chicago
Wire service summarizes machine probs, Photo ID vote suppression and a really strange story out of Chicago...
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...


11-vote edge given to GOPer after 21 unexplained ballots - all for her - mysteriously appear in tiny Town of Long Island...
By Brad Friedman on 11/25/2014 8:21pm PT  

An election fraud mystery has emerged in Maine's tiny Town of Long Island. The strange case has not only changed the previously announced "winner" of the election, but the contested results affect the entire state Senate and are now the subject of an investigation demanded by the Maine Democratic Party.

On Election Night this year, Democrat Catherine Breen reportedly won the race for state Senate by a very slim 32 votes in Maine's Senate District 25, according to the then-unofficial tally. However, during a hand recount of the votes last week, 21 previously unaccounted-for ballots were discovered to be in the locked Long Island ballot box. All of the "new" ballots included votes for Cathleen Manchester, the Republican candidate who had requested the recount.

Those 21 "new" ballots were above and beyond the 171 votes counted by hand on Election Night (which proved to be an otherwise perfect count) and the 171 voters listed as having voted on the "voter manifest" at Long Island's only precinct.

The "new" votes, combined with a few other adjustments to the tallies in the 25th District's six other towns, were enough to reverse the results, giving an 11-vote victory to the Republican candidate after the recount, even as neither party is able to explain the appearance of the "phantom ballots" in Long Island...

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

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By Brad Friedman on 11/18/2014 12:56pm PT  

For what it's worth, just a quick note in response to some of the folks who either disagreed with or were otherwise disgruntled by my observation over the weekend explaining why I believe that "Not Voting IS a Vote", following the 36% voter turnout during the midterm elections.

Though I said I thought it was a "dumb vote", I also noted that "it was a landslide". The central part of my argument, in response to politicians and pundits who blame the American people (rather than themselves) for the fact that 64% of the registered electorate didn't turn out, was this:

Americans did vote. They voted against the two major parties and against the system as a whole by not voting. You may not like that point, it may even make you angry, but it needs to be said. Neither party earned the vote of the majority of the American people.

Some seem a bit irritated with me for pointing that out. But on Monday night, Sen. Bernie Sanders (I-VT) was on The Colbert Report (full interview posted below), making a pretty impressive play for a Presidential run in 2016.

During the conversation, Colbert asked him for a response to the "Red Tide" results of the 2014 elections and whether it signaled bad news for Democrats as a rejection of "liberal philosophy". Here was Sanders' concise answer:

What I think really happened is about 64% of the American people rejected the two-party system. They rejected Washington as it now functions. They rejected a political system and a Congress which spends more time representing the wealthy and the powerful than ordinary Americans.

Hmm. Sounds familiar.

(Don't hate the playa; hate the game.)

* * *

Colbert's complete 11/17/2014 interview with Sen. Bernie Sanders follows below...

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

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By Brad Friedman on 11/16/2014 8:19pm PT  

Bill Maher offered a very reasonable response to the ridiculously lazy argument that there's "no difference" between the two major parties or in who wins elections or that "voting doesn't matter." Part of his argument, however, includes a bit of tantrum thrown against those who don't vote at all...

I'd like to counter that latter part of his argument (his tantrum against those who didn't vote) with this point:

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

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With Brad Friedman & Desi Doyen
Historic US-China Climate Agreement...
By Desi Doyen on 11/13/2014 4:18pm PT  


 

IN TODAY'S RADIO REPORT: Historic climate deal between U.S. and China: it's the deal Republicans said could never be done; Hope breaks out for international climate treaty negotiations; Republicans freak out at home, while scientists say it's not enough, but it's a good start...(Also, BREAKING: Coal mine owner Don Blankenship indicted...) All that and more in today's Green News Report!

Listen online here, or Download MP3 (6 mins)...

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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): Coal mine boss Don Blankenship indicted for mine explosion that killed 29; Why those 5 cent charges for plastic bags actually work; Keystone XL Pipeline: Lame-Duck Congress Fast-Tracks Legislation; Why The U.S.-China Climate Deal Makes Keystone XL Pipeline An Even Worse Idea; IEA Warns Fossil Fuel Trends Dire; Lightning Will Increase With Warming... PLUS: Pope Francis: “Unbridled consumerism” will have destructive consequences for the planet ... and much, MUCH more! ...

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

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Will the Democratic majority commissioners support the President's clarion call and thwart GOP opposition to an open Internet?...
By Ernest A. Canning on 11/12/2014 3:38pm PT  

On Monday, President Barack Obama, both in a surprisingly clear written statement and video-taped announcement (posted at end of this article), called upon the Federal Communications Commission (FCC) to adopt "bright-line" rules that would ensure an "open and free" Internet via the concept of "net neutrality" --- a concept that would, in the President's words, ensure there "are no gatekeepers deciding which sites you get to access. There are no toll roads on the information superhighway." Anything less, the President proclaimed, "would threaten to end the Internet as we know it."

Though oversight similar to that called for by the President resulted in a record number of public comments (99% in favor) to the FCC, predictably, the President's announcement drew harsh reactions not only from the handful of corporations which could profit from those Internet highway tolls, but from their Republican allies. Following Obama's comments, Sen. Ted Cruz (R-FL), for example, quickly denounced "net neutrality", if somewhat cryptically, as "Obamacare for the Internet."

Republican opposition would amount to little more than public grousing, however, if, in accordance with the President's recommendations, the five Obama-appointed FCC Commissioners (only three can be of the same party) carefully craft new regulations that "reclassify Internet service under Title II of...the Telecommunications Act," a reclassification that would undo the damage wrought by the Republican George W. Bush-appointed FCC Commissioners in 2002.

The question for now is: Will they?...

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

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By Brad Friedman on 11/8/2014 4:21pm PT  

"Americans can feel the vital organs of their democracy shutting down."

A disturbingly on-point turn of phrase from Bill Curry's smart advice for Democrats at Salon.

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With Brad Friedman & Desi Doyen
'Election 2014-pocalypse!' Edition...
By Desi Doyen on 11/6/2014 3:49pm PT  


·

IN TODAY'S RADIO REPORT: Election 2014 Environmental Democalypse Now: get ready for the Republican hegemonic hellscape; Climate denier caucus now in charge; PLUS: At least one note of very good environmental election news... All that and more in today's Green News Report!

Listen online here, or Download MP3 (6 mins)...

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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): Energy storage breakthrough revealed; Fracking frenzy brings fears of boom-bust cycle; Peak water in U.S.; New Koch Industries video: "we rearrange your polar bears"; End the GMO madness: try mandatory labeling; GOP wins deal blow to US climate change leadership internationally; Maine's shrimp season cancelled for lack of shrimp ... PLUS: The biggest loser in this election is the climate - and the children of 2100 ... and much, MUCH more! ...

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

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GUEST: Matthew Segal of OurTime.org...
By Brad Friedman on 11/5/2014 9:22pm PT  

Well, that was interesting.

On this week's "day after" KPFK/Pacifica Radio BradCast I was joined by old friend Matthew Segal, co-founder of OurTime.org, to discuss whether the failure of young voters to turn out was really to blame for the results of Tuesday's red tide mid-term elections, or whether it was something else entirely. (Yes, we're looking at you, Democrats.)

Segal, by the way, became activated to help young voters while trying to vote as a student at Ohio's Kenyon College in 2004. He was one of 1,300 students who waited 10 hours or so on line, some until 4am on Wednesday morning, to try and cast a vote in the Presidential Election on one of two available voting machines at the polling place that year.

Speaking of voting machines, and voter suppression, and voter disenfranchisement, and election fraud, and unverified results, we also take a broad, early look at all of the other issues and failures --- beyond the horse race --- that may have played a part in Tuesday's surprising outcome, even as we're still trying to make sense of data and curious reports that are still coming in.

We hear from a bunch of callers on all of the above, and Desi Doyen joins us as well to discuss some of the implications of the GOP U.S. Senate takeover on the environment and climate change...

Download MP3 or listen online below...

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RWers finally become 'believers' concerning 'liberal conspiracy theories' about vote flips on 100% unverifiable touch-screens...
By Brad Friedman on 11/4/2014 2:17pm PT  

By our count, Virginia is now the 7th state to report touch-screen voting flipping in the 2014 election (though we may have missed a few in Pennsylvania and elsewhere).

During Early Voting, prior to today's mid-term, we've covered 100% unverifiable touch-screen votes reportedly flipping on screen in Texas (D to R), in Illinois (R to D), in Tennessee (NO to YES on anti-choice initiative), in Maryland (R to D) and in Arkansas (unclear which direction the votes were flipping in several different counties), and in North Carolina, where votes were said to be flipping from D to R in the crucial, neck-and-neck U.S. Senate race there.

Now, "Republicans and Democrats alike" are reporting votes flipping in a U.S. House race in Virginia Beach and Newport News, and one of the Republican candidates involved has supplied a video tape of the flipping votes cast on the town's Diebold AccuVote touch-screen systems...

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

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Most expensive Senate race in U.S. history - and balance of Senate along with it - may be determined by 100% unverifiable votes...
By Brad Friedman on 11/3/2014 3:45pm PT  

So far, in the run-up to Tuesday's mid-term election, we've covered 100% unverifiable touch-screen votes reportedly flipping on screen in Texas (D to R), in Illinois (R to D), in Tennessee (NO to YES on anti-choice initiative), in Maryland (R to D) and in Arkansas (unclear which direction the votes were flipping in several different counties.)

Now, votes are reportedly flipping from Democratic to Republican in the "toss up" U.S. Senate race in North Carolina, a crucial contest if Democrats have any chance of hanging on to the majority in that chamber. The "down to the wire" contest is also reportedly turning out to be the most expensive Senate race in U.S. history.

So can supporters of either candidate actually have any confidence at all in results to be reported after the close of polls on Tuesday in the Tar Heel State?...

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

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By Ernest A. Canning on 10/30/2014 9:35am PT  

The Politicus USA headline typified MSM coverage of what Brad Friedman often refers to as the "horse race" --- "Democrats Surge As Michelle Nunn Leads Georgia Senate Race In Third Straight Poll."

For The BRAD BLOG, and for a good many election integrity advocates and computer scientists, that narrow focus ignores "the track conditions," which, in Georgia entails the continued use of touchscreen voting systems courtesy of a 2009 determination by the Georgia Supreme Court that "unverifiable elections are just fine."

Where horse race coverage focuses exclusively on the here and now, this site feels it helpful to look back a dozen years to what took place in Georgia shortly after Democratic Secretary of State Cathy Cox signed a May 2002 contract with what was then known as Diebold Election Systems Inc....

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

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With Brad Friedman & Desi Doyen...
Climate change on the ballot.
By Desi Doyen on 10/28/2014 3:34pm PT  

IN TODAY'S RADIO REPORT: Climate Change and Election 2014: High stakes on energy, the environment, and global warming ... All that and more in today's Green News Report!

Listen online here, or Download MP3 (6 mins)...

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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): Australia breaks heat records - again; BP oil spill left big oily 'bathtub ring' on seafloor; Shell wants 5 more years to drill in the Arctic; How can we get power to the poor without frying the planet?; More storms mean more sewage overflows in Wisconsin; Japan town votes to re-start nuclear plants; Amid CA drought, bruising battle over water ... PLUS: U.N. climate change draft report warns risks of 'irreversible' damage... and much, MUCH more! ...

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

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 10/21/2014 3:37pm PT  

IN TODAY'S RADIO REPORT: Republican candidates continue to dodge the climate change question; Mountaintop removal coal mining promotes lung cancer; 'Significant' oil spill in Louisiana bayou; 2014 on track to be hottest year on record; PLUS: LEGO breaks up with Shell Oil... All that and more in today's Green News Report!

Listen online here, or Download MP3 (6 mins)...

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CORRECTION: Today's episode of the GNR incorrectly identifies Rep. John Yarmuth (D) as a U.S. Congressman from West Virginia. In fact, he represents Kentucky. We apologize for the error!

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): Republicans: "I am not a scientist" on climate change, but let me advise you on Ebola; Rooftop solar: utilities must adapt or die; Extinction watch: only 6 white rhinos left; Zombie glacier surprises glaciologists; Oceans to lose $1 trillion in value due to acidification; New Method factory will be world's largest rooftop farm... PLUS: A Man For All Seasons: Remembering Rick Piltz, Climate Science Whistleblower... and much, MUCH more! ...

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

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 10/16/2014 3:36pm PT  


 

IN TODAY'S RADIO REPORT: Rep. Paul Ryan backs away - sort of - from outright climate science denial; Have we reached peak climate change denial?; Turns out natural gas isn't a bridge fuel to a low-emissions future; PLUS: Did a U.S. defense contractor really invent a compact nuclear fusion reactor? Separating fact from fiction... All that and more in today's Green News Report!

Listen online here, or Download MP3 (6 mins)...

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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): Appalachian transition: coalfield residents must help themselves to diversify; Green groups sue over EPA GMO pesticide approval; Hanford nuclear workers reveal shoddy practices; Fact and fiction on the Arctic methane bomb; Risks of cheap water; Los Angeles mayor orders water cuts of 20% amid historic drought; Can Africa bypass the pollution phase of development?; Russian natgas shutdown would not hurt Europe; Autism again linked to air pollution ... PLUS: In Wisconsin, Dark Money Got A Mining Company What It Wanted... and much, MUCH more! ...

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

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Case against GOP Photo ID voting law in Lone Star State is very different than recent cases before the Court, plaintiffs argue
UPDATE: Texas responds, blames 'emergency' on plaintiffs' rush to have case tried before the election...
By Ernest A. Canning on 10/16/2014 1:09pm PT  

Attorneys for U.S. Congressman Mark Veasey (D-TX) and other plaintiffs have filed an Emergency Application[PDF] with the U.S. Supreme Court, seeking to restore a lower court ruling that struck down the law last week as intentionally discriminatory and an unconstitutional poll tax. That initial U.S. District Court ruling was subsequently stayed by the 5th Circuit Court of Appeals earlier this week.

Veasey's application was followed by the filing of another Emergency Application [PDF] by the United States Department of Justice (DoJ). Both were filed with Justice Antonin Scalia who oversees the 5th Circuit. Scalia has instructed the DoJ to respond by 5p ET on Thursday.

Both applications to SCOTUS were filed in the case of Veasey v. Perry in which a U.S. District Court, after a full trial on the merits, imposed a permanent injunction, preventing the State of Texas from implementing the nation's strictest photo ID law, Senate Bill 14 (SB 14).

The District Court determined that, if implemented, SB 14 could disenfranchise more than 600,000 registered Texas voters who are disproportionately black and Hispanic. The District Court not only ruled that SB 14 violated the U.S. Constitution, the Voting Rights Act (VRA) and amounted to an unconstitutional poll tax, but expressly found that it was passed as the result of deliberate and willful racial discrimination.

The emergency petitions ask that the Supreme Court lift the U.S. 5th Circuit's 11th hour stay of the injunction so as to prevent electoral chaos and confusion in the rapidly approaching November election. In the first petition, the Veasey plaintiffs argue that what the 5th Circuit did in this case --- stay a permanent injunction that was issued on the basis of a District Court finding of intentional discrimination after a full trial on the merits --- was "virtually unheard of" in the annals of American jurisprudence.

Plaintiffs contend that the 5th Circuit misapplied a leading Supreme Court case, Purcell v. Gonzalez [PDF] (2006) pertaining to the issuance of injunctions on the eve of a pending election. That case does not, as the 5th Circuit ruled, mandate a per se rule that always precludes changing a law immediately prior to an election. The DoJ contends that no such per se "rule exists, and the court of appeals clearly and demonstrably erred in failing to apply the established stay factors."

Instead, plaintiffs forcefully argue, "The Purcell principle", mandates that an appellate court give deference to the factual findings of the District Court. The 5th Circuit, they add, erred by ignoring the requirement of Purcell that Texas prove it would likely succeed on an appeal. The 5th Circuit also erred, they say, because it failed to balance the state's allegations about possible confusion that might ensue from implementing pre-SB 14 law against the "actual" confusion, chaos and mass disenfranchisement that the District Court, based upon uncontested evidence, concluded would occur if SB 14 is enforced in the November 4th election (early voting begins in TX on October 20th).

"Imagine that a state passed a law, six months before an election, stating that 'Negroes cannot vote,'" the plaintiffs write. "It would be ludicrous for an appellate court to turn around and stay that injunction because of some per se rule that election laws can never change immediately prior to elections"...

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

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