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Latest Featured Reports | Thursday, August 25, 2016
Standing Rock Sioux's Stand Against 'Dakota Access': 'BradCast' 8/25/16
Guest: David Archambault II, Chairman of the Standing Rock Sioux tribe; Plus: Clinton calls out Trump's 'Alt-Right' campaign...
'Green News Report' 8/25/16
  w/ Brad & Desi
300+ dead, 6 million displaced by India flooding; Obama pledges long term LA flood aid; Bad news for WA state wolves; PLUS: 100th birthday of the National Park Service...
Previous GNRs: 8/23/16 - 8/18/16 - Archives...
Clinton, Trump and Cracking the Two-Party Duopoly: 'BradCast' 8/24/16
Guest: Historian, columnist Matthew Rozsa; Plus: Unfolding deadly disasters in Italy, India and Louisiana...
NSA Hacking Tools in the Wild, Hackable Elections in the US: 'BradCast' 8/23/16
Guest: Princeton computer scientist, e-vote 'hacker' Andrew Appel; Also: Obama in LA and Trump's latest vote suppression dog-whistle...
'Green News Report' 8/23/16
  w/ Brad & Desi
. Media failure on LA flooding; Floods accelerate Zika virus; PLUS: A tale of two warming Arctics -- Native American tribe forced to move, luxury cruises just getting started...
Previous GNRs: 8/18/16 - 8/16/16 - Archives...
'What Do You Have to Lose?': 'BradCast' 8/22/16
Trump 'pivots', reaches out to African-American voters, forgets to tell the rest of his party...
Sunday Toons of the Makeover Moment
PDiddie's round up of his favorite toons from last week focuses on campaign shake-ups, shuffles, makeovers and other political reality avoidance techniques...
Three Daves: 'BradCast' 8/19/16
Guest host Angie Coiro w/ Dave Johnson of Campaign for America's Future, David Atkins of Washington Monthly, and Chain of Title author David Dayen...
6th Circ. Upholds 'Straight-Party' MI Voting
Republican AG vows appeal to optional voting method used in state for 125 straight years, disproportionately used at polls by African-American voters...
DoJ to 'End' Private For-Profit Federal Prison System: 'BradCast' 8/18/16
Guest: Carl Takei of ACLU's National Prison Project; Plus: GOP 'Civil War' v. Reality; Trump comes up short in NYC...
'Green News Report' 8/18/16
. Explosive CA fire forces evacs for 80,000; New rules for heavy trucks; Report: Ending oil subsidies won't raise gas prices; PLUS: First-ever U.S. offshore wind farm...
Send in the Clowns: 'BradCast' 8/17/16
Eric Boehlert on Trump's bizarre staff shake-up; Plus: NC GOP's desperate voter suppression Hail Mary, California burning, and 'Bye-Bye' to John McLaughlin...
NC Files with SCOTUS for Emergency Stay of Unlawful Vote Suppression Law
State Republicans display remarkable chutzpah in their last gasp argument to keep a 'racially discriminatory' statute in place for November...
'Rogue' DEA Punts Pot: 'BradCast' 8/16/16
Guest: Michael Collins of Drug Policy Alliance on 'rotten to core' DEA's marijuana announcement; Plus: 'Third-party' Presidential woes, disturbing climate news, more...
'Green News Report' 8/16/16
. Another historic, deadly rain event in LA; Another massive fire in CA; July 2016 Earth's hottest month ever recorded; PLUS: Green Party nom Jill Stein on climate...
Facts Behind Fraud: 'BradCast' 8/15/16
Debunking Trump on terror, 'voter fraud' in PA and climate change; Plus: Even Rightwing propagandists beginning to realize 'We've created this monster'...
Sunday Toons of Performance Art Moment
Trump fails to win the gold in this week's Presidential olympics. Plus, other pratfalls in PDiddie's latest collection of his favorite toons of the past week...
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...


Guests: Attorney Ernest A. Canning; Financial journalist David Dayen...
By Brad Friedman on 8/24/2015 5:45pm PT  

First up on today's BradCast, financial journalist David Dayen joins us to explain why the Dow Jones Industrial average plummeted 1000 points over the past two trading days, whether or not you should be worried about it, and how the U.S. is missing a golden opportunity in the bargain.

Then, BRAD BLOG's legal analyst Ernest A. Canning joins us to explain why --- even after the 5th U.S. Circuit Court of Appeals recently found Texas Republicans' polling place Photo ID voting restriction to be discriminatory and illegal (just as the lower U.S. District Court did last year and just as the federal government did well before that) --- the GOP's voting restriction is, increcibly, still in effect anyway and may serve to disenfranchise some 600,000 lawfully registered (largely Democratic-leaning) voters during the 2016 Presidential election.

Canning wrote about the disturbing situation in detail last week in an article at The BRAD BLOG and explains the mess in brief on today's show: "It seems nonsensical to say a law has been struck down but it is still in force. But that's basically where we stand right now."

"This law has a discriminatory impact --- it disparately impacts minorities and the poor," he says, citing the Appeals Court's latest decision. "You now have this identical finding three successive times in court dating back to 2012, and here we are in 2015 and we're having to worry about whether that discrimination is going to occur again in 2016."

Also on today's BradCast: Texas health care situation is still among the worst in the nation; Trump wows 'em in Alabama; California is NOT in chaos (no matter what disinformed Republicans may tell you); And fall-out from my rant last week about the excellent new British government findings on the safety and efficacy of e-cigs; and more!...

Download MP3 or listen online below...

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While its recent decision upheld a lower court finding that the state's Photo ID law was discriminatory, more than 600,000 lawfully registered voters could be disenfranchised in 2016 anyway...
By Ernest A. Canning on 8/21/2015 6:35am PT  

The recent decision by a unanimous three judge panel of the U.S. 5th Circuit Court of Appeal in Veasey v. Abbott was greeted as "very good news." After all, it marked the first occasion in which a federal appellate court made an express finding that a state-enacted polling place Photo ID law violated the provisions of Section 2 of the Voting Rights Act (VRA).

The appellate panel affirmed the lower U.S. District Court's finding late last year that a Texas polling place Photo ID law (SB 14), which threatened to disenfranchise 608,470 already legally registered voters (and many others not already registered), disparately impacted minorities and the poor. "Hispanic registered voters and Black registered voters," the 5th Circuit appellate panel observed in their recent ruling, "were respectively 195% and 305% more likely than their Anglo peers to lack [the requisite Photo] ID" now required to cast a vote at the polls under the Texas law.

This was the same conservative appellate panel whose "emergency" stay of the lower court's injunction on SB 14 last year, in all likelihood, helped to facilitate the illegal disenfranchisement of as many as 600,000 lawfully registered voters during the 2014 mid-term election. That "emergency" stay was subsequently affirmed by a sharply divided Supreme Court, whose right-wing majority elevated the risk of confusion that could arise by an eleventh-hour, court-ordered change in election laws above the risk that hundreds of thousands of lawfully registered voters could be illegally disenfranchised by reason of the Texas Photo ID law. Both the 5th Circuit and the SCOTUS majority handed down that ruling, although, at that point, neither court was in a position to contest the District Court's finding that SB-14 not only violated Section 2 of the VRA but that the Photo ID statute had been enacted for a discriminatory purpose.

The SCOTUS decision last year, as The BRAD BLOG observed at the time, belied the contention made by the Supreme Court majority in Shelby County v. Holder, the 2013 case that gutted the VRA, that their destruction of Section 5 pre-clearance requirements for new election laws in states with a history of discrimination, "in no way affects the permanent, nationwide ban on racial discrimination in voting found in [Section] 2." In truth, per last year's decision, racial discrimination in voting will be allowed in those cases where a court order upholding that "ban" is issued too close to an election.

This case provided a classic example of the damage wrought by the gutting of Section 5. Prior to Shelby County, Section 5 mandated that Texas prove that its Photo ID statute woulds not have a disparate impact on minority voting rights before the Photo ID law could take effect. In 2012 a unanimous three-judge panel of the D.C. Circuit Court of Appeal refused to grant Section 5 pre-clearance to Texas' SB 14 precisely because of its disparate adverse impact upon minorities and the poor. Absent the Supreme Court's troubling decision in Shelby County neither the current, ongoing costly litigation on SB 14, nor the mass 2014 disenfranchisement would have ensued.

The new 5th Circuit panel's decision affirms that SB 14 has the effect of discriminating against racial minorities and the poor. Yet it failed to lift a stay that it imposed on a supposed "emergency" basis. Instead, it vacated the District Court's "discriminatory purpose" finding and remanded the case back to that court for further adjudication....

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'They approached the phone companies before 9/11,' he says, citing new Edward Snowden disclosures that 'vindicate' his 2006 revelations...
By Brad Friedman on 8/18/2015 5:29pm PT  

Today on The BradCast...First, I need to pick up with a few more points from yesterday's show, concerning how the Republican Party is, frankly, no longer a legitimate political party, how they have absolutely no governing philosophy, how they will say whatever they need to say in order to support whatever they feel like "believing in" at any particular time and, basically, how they are simply making this shit up as they go at this point. I offer a few more examples of that today concerning Supreme Court Justice Samuel Alito, Donald Trump and a couple of others.

Then, it's on to our main interview with AT&T/NSA whistleblower Mark Klein, the now-retired 22-year AT&T employee who, in 2006, infamously exposed that the company had a secret room in its San Francisco facility --- Room 641A --- where the NSA had been allowed to install a splitter to trap and record all Internet traffic coming and going over AT&T's backbone lines.

Over the weekend, the New York Times and Pro and ProPublica revealed newly disclosed documents from NSA whistleblower Edward Snowden concerning AT&T's long and happy --- and illegal --- relationship with the NSA. The documents, in many ways, he believes, vindicate precisely what he had blown the whistle on in 2006.

I discuss the newly released documents with Klein on today's show, what they reveal about AT&T and NSA, how he came about discovering the secret NSA room at AT&T, and his experience since then as a whistleblower.

Among other things, he tells me he doesn't buy "the government's cover story that 9/11 changed everything," pointing to the new Snowden docs which cite AT&T's cooperation with the NSA going back as far as 1985. The friendly relationship between AT&T and the NSA goes back decades and underscores his contention that "AT&T gives NSA what it wants."

On the billions (perhaps trillions?) of land lines, cell phone lines and Internet traffic intercepted by the government illegally, he says that "there was no warrant that could cover this. Warrants are supposed to be specific, covering individual people, papers and whatnot - they were sweeping up everything."

On George W. Bush's claims that "we're just listening to a few phone calls from no-good people who are calling the Middle East," he says: "That was a complete lie and a diversion from the fact that they were collecting billions and billions of communications every day on the Internet."

On the recently passed legislation, the USA Freedom Act, which was supposed to have curbed many of the greatest warrantless wiretapping abuses under the USA Patriot Act, Klein says: "That law does not address Internet surveillance at all, it does not touch the secret rooms that are still in place doing what I already described. That law did not address that at all. So the Freedom Act is a fraud, in my opinion."

Klein also harshly criticizes then-Senator Obama for voting in 2008 to grant AT&T and other telecoms retroactive immunity on the heels of his 2006 disclosures. Obama "knew what he was doing," he argues. "He was running against Hillary for the nomination in 2008, so he postured to the left and said explicitly he would oppose any bill with immunity in it. He tried to gather his liberal supporters by making that promise. As soon as he won the nomination and beat Hillary, he quickly switched sides, and came out for immunity. It was a cynical move on his part, not some light-minded stupidity."

We covered much more during our discussion, so please give the full interview a listen!

Finally, speaking of Obama and Hillary, Desi Doyen joins us for the latest Green News Report as the Obama Administration gives final approval for Shell Oil to drill in the Arctic, even as Obama announces a visit to the Arctic to decry global warming and as Hillary comes out against drilling in the Arctic. Try and square all of those (Arctic) circles if you can!

Download MP3 or listen online below...

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Guests: Sam Walker of the National Voting Rights Museum in Selma, AL; Former DoJ attny Katherine Culliton-González of Advancement Project...
By Brad Friedman on 8/6/2015 2:33pm PT  

Today on The BradCast, special coverage in commemoration of the 50th anniversary of the Voting Rights Act of 1965 --- the crowning jewel legislation of the civil rights movement, written with the blood and tears of thousands, and now under fire today as it has never been since its passage helped lift the nation out from under the shackles of the Jim Crow era.

Sam Walker historian at Selma, Alabama's National Voting Rights Museum and Institute, at the foot of the Edmund Pettus Bridge, joins us to discuss the Act's history and legacy --- from the circumstances of the courageous Bloody Sunday march from Selma to Montgomery that finally resulted in the passage of the VRA, to the release of the movie Selma last year.

Among other things, he reminds us of the difficulty African-Americans faced in simply trying to register to vote in the deep south prior to the VRA. "Two days a month --- the first Monday and the third Monday --- were the only two days you could go and attempt to register," he told me. "Those were the days when they would see people coming and they would lock the door when they tried to come inside....You still couldn't register because you couldn't get inside the building to sign up."

Walker, who we haven't had on the show since the 40th anniversary of the VRA back in 2005, shares stories that need to be heard, even today. One, for example, about his meeting, years later, with one of the state troopers who took part in the beatings on Bloody Sunday. Another, about the importance of cameras and national media on that infamous day in Selma.

"The people in the media had their cameras set up when the attack happened, so when people were being beaten and tear-gassed, all those scenes were captured by the TV cameras and by the news media on camera. And that started a new momentum to try to get the right to vote for all our citizens." Sound familiar?

Then, former DoJ Civil Rights Voting Section attorney Katherine Culliton-González of the Advancement Project, joins us to discuss the ongoing legal battles in the fight for voting rights across the country in the wake of the U.S. Supreme Court gutting the VRA's landmark Section 5 provision in 2013 --- and the battle to restore it.

"All we have to do is look around us and unless they're living in a bubble, they can see that's there's been a renaissance in discrimination in voting since they took away that protection," she explains. From Congress to Texas to North Carolina to Wisconsin and beyond, the fight continues 50 years later.

"There are many, many voting changes across the country, and particularly in the South, at the local level that do all kinds of maneuvers of politicians trying to manipulate the vote. Moving poling places away from people of color - that happens a lot in the Native American community, the African-American community. We've seen laws requiring documentary proof of citizenship that have a strong disparate impact on the Latino community and the African-American community. For example, if you're a naturalized citizen and you don't have those papers, it's going to cost you at least $600 to get what's needed" to vote, she says. "All of this would have been subject to Section 5 of the Voting Rights Act."

Culliton-González reminds us, as the NC NAACP civil rights leader Reverend William Barber says, "this is our Selma".

Finally, civil rights icon Rep. John Lewis (D-GA), beaten by state troopers on Bloody Sunday as he courageously and stoically helped lead the march across the Edmund Pettus bridge as a 25-year old, discusses the importance of LBJ signing the Act in 1965. It's one of many historical sounds and songs that help us mark this historic day.

I hope you enjoy today's very special program!...

Download MP3 or listen online below...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 8/6/2015 11:41am PT  


 

IN TODAY'S RADIO REPORT: Polluters and their allies line up to attack Obama's new landmark emissions rule; Majority of Americans support cutting emissions and fighting global warming; U.S. finally getting its first offshore wind farm; PLUS: Republicans get a new 2016 contender --- try to guess his position on climate change. Go ahead, guess... 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): The Point of no return: climate change nightmares already here; G20 countries pay over $1,000 per citizen in fossil fuel subsidies, says IMF; US Forest Service running out of money to fight wildfires; US Raises Concerns About Pipeline Through Forests; Strawberries Are in Big Trouble. Scientists Race To Find Solution; Big-Ag-Fueled Algae Bloom Won't Leave Toledo's Water Supply Alone... PLUS: VIDEO: The Secrets of "The Climate Paradox"... and much, MUCH more! ...

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Guests: Peace activist David Swanson; Const. law expert Ian Millhiser
By Brad Friedman on 8/5/2015 5:27pm PT  

It was a much bigger show today than we had expected when we started it!

First up on today's BradCast, author, peace activist David Swanson joins us to discuss Obama's speech today at American University on the Iran Nuclear Agreement. While Swanson is (somewhat uncharacteristically) optimistic and encouraged by the deal, he has concerns about how Obama and other Dems are misleading Americans in order to sell it. "I love that, for once, President Obama wants peace. I love that, for once, he's using diplomacy rather than war. I wish he would use that in eight other places on earth," Swanson tells me. "But at the same time he's pushing the propaganda of his opponents."

Then, Swanson asks, "Why Won't Bernie Talk About War?" A new petition from RootsAction.org asks Democratic Presidential candidate Bernie Sanders to start speaking up against U.S. militarism which, as Swanson argues, the U.S. Senator from Vermont has, up until now, been very reluctant to do for some reason.

Then, as we went to break, huge news came in from the very conservative 5th U.S. Circuit Court of Appeal striking down the Texas GOP's polling place Photo ID restriction law. The opinion confirms most of a lower court judge's previously ruling finding the restriction to be in strict violation of the Voting Rights Act as well as the U.S. Constitution. Constitutional law expert Ian Millhiser joins us to explain the very encouraging opinion from the court --- which comes, incidentally, just one day before the 50th Anniversary of the Voting Rights Act of 1965 --- and what happens next.

"The court got that voter ID laws do not really serve the purpose that their supporters say they're supposed to serve," Millhiser explains. "The court got that this was an attempt to dress up something that looks like a legitimate voter regulation in order to really do something else, which was to prevent groups like racial minorities and low-income voters who tend to prefer Democrats over Republicans from casting a ballot."

But, he also warns, "this wasn't a total victory for the good guys." Listen to the show for all the details.

Finally, in the few minutes we have left, we squeeze in some Presidential politics in advance of tomorrow night's first GOP Presidential debate, as sponsored --- and rigged by --- Fox "News". And, yes, that Republican debate will take place, ironically enough, on the 50th Anniversary of the landmark federal Voting Rights Act which Republicans used to support...until they decided they couldn't win elections anymore if all those "people" (read: qualified American voters who tend to vote Democratic) were allowed to vote.

Download MP3 or listen online below...

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By Brad Friedman on 8/5/2015 1:56pm PT  

Very good news, just breaking today from the 5th U.S. Circuit Court of Appeals in Texas!...

One day before the 50th anniversary of the Voting Rights Act, one of the most conservative federal appeals courts in the country wielded that law to strike down a Texas voter suppression law. A unanimous panel of the United States Court of Appeals for the Fifth Circuit, in an opinion written by a George W. Bush appointee, held that Texas’s voter ID law violates the Voting Rights Act and must, at the very least, be significantly weakened. Though the court did not accept every argument raised against the state’s voter ID law, and its opinion does not go nearly as far as a trial judge’s decision which also struck down this law, it is a significant blow to the state’s efforts to make voting more difficult.

Voter ID laws are a common obstacle raised, mostly by right-leaning lawmakers, in front of citizens seeking to exercise their right to vote. Though stringent voter ID laws, which require voters to show a photo ID before they can cast a ballot, are often justified as a shield against voter fraud, the kind of fraud these laws target barely exists. A Wisconsin study, for example, found just seven cases of fraud out of 3 million votes cast during the 2004 election — and none of these seven cases were the kind of in-person voter fraud that is prevented by a voter ID law. Similarly an investigation by former Iowa Secretary of State Matt Schultz (R) found exactly zero cases of in-person voter fraud over the course of several elections.

What voter ID laws do accomplish, however, is they disproportionately disenfranchise groups that tend to prefer Democratic candidates over Republicans. As Judge Catharina Haynes explained in her opinion on behalf of the Fifth Circuit, one analysis determined that “Hispanic registered voters and Black registered voters were respectively 195% and 305% more likely than their Anglo peers to lack” a voter ID in the state of Texas. Indeed, even Texas’s own numbers confirmed that voter ID laws disproportionately impact racial minorities. Their own expert “found that 4% of eligible White voters lacked SB 14 ID, compared to 5.3% of eligible Black voters and 6.9% of eligible Hispanic voters.”

See Ian Millhiser over at Think Progress for more, as well as Rick Hasen at Election Law Blog for additional analysis. The court's opinion is here. [PDF]

We'll have more on this in The BradCast later today (and an explanation of some of the nuance here that, while it's a huge victory for voting rights advocates, the plaintiffs in the case have not yet won everything they had hoped for --- specifically, they wanted Texas to be required to pre-clear new voting laws with the federal courts from now on, as the state had to previously, before the U.S. Supreme Court gutted the Voting Rights Act in 2013.) On that issue, it appears the matter will be sent back down to the lower court, to establish whether their is strong enough evidence to prove the law was enacted with discriminatory intent, or whether it just had that effect. If the latter, striking down this version of the law will be enough. If the former, TX would have to get federal approval for such laws in the future --- and that would be a very big (and good!) deal.

But, for the moment, this is very good news for those of us who believe in the Right to Vote. And, by way of reminder, this is what we had noted late last year when the judge in the lower U.S. Circuit court in Texas absolutely eviscerated the law passed by state Republicans after a full trial...

In a 147-page ruling [PDF] released Thursday evening, "after hearing and carefully considering all the evidence" presented in the trial which ended on September 22nd, a U.S. District Court in Texas has found that the state's polling place Photo ID law, SB 14, is discriminatory and violates the U.S. Constitution in at least four different ways.

"The Court holds that SB 14 creates an unconstitutional burden on the right to vote, has an impermissible discriminatory effect against Hispanics and African-Americans, and was imposed with an unconstitutional discriminatory purpose," U.S. District Court Judge Nelva Gonzales Ramos writes in her ruling. "The Court further holds that SB 14 constitutes an unconstitutional poll tax."




Guest: Author/journalist Ari Berman of The Nation...
By Brad Friedman on 7/17/2015 4:08pm PT  

On today's BradCast, we start where we left off on yesterday's show, regarding Thursday's amazingly corrupt and disturbing ruling in favor of Scott Walker and his cronies --- by the amazingly corrupt Wisconsin Supreme Court --- and how, if Republicans have their way, that ruling may soon enough become the law of the land for the entire nation.

As our producer Desi Doyen noted on today's show: "This is your early warning system." Ignore at your peril. Then it was on to a couple of quick items and updates, including dumb Confederate flag wavers in Oklahoma and Maine's even dumber Governor Paul LePage.

From there, we head to North Carolina, where "the most extreme anti-voter bill passed by any state since the Jim Crow Era", as we initially described it when it was passed by state Republicans back in 2013, is finally now facing trial against the NAACP, the ACLU, the DoJ and other democracy and voting rights advocates.

We are joined by The Nation's author/journalist Ari Berman, who was in the federal courtroom in Winston-Salem, NC this week as the trial finally got under way. The results of this trial are likely to head all the way to the U.S. Supreme Court, one way or another, and may well determine the future of voting rights in this country. The new voting restrictions were passed in 2013, just days after the U.S. Supreme Court demolished the provision of the Voting Rights Act that otherwise, says Berman, would have kept this law --- which is "already disenfranchising voters" --- from even taking effect.

"That's such a clear case study to me that the Supreme Court was wrong when it said that the special protections of the Voting Rights act weren't needed." Berman goes on to explain why he believes NC, a state which had made astounding progress in voting rights over the previous decade, has now become the new Selma, Alabama, where the bloody fight for voting rights led directly to passage of the federal Voting Rights Act in 1965.

"In North Carolina, they had seemingly everything," Berman tells me. "They had all these voting reforms --- early voting, same day registration, pre-registration for 16 &17 year olds. And it was all taken away or reduced" when the GOP took over both the state legislature and Governor's mansion for the first time since Reconstruction in 2013.

"What Selma in the 1960s and what North Carolina in the 2013-2015 era shows is how far these conservative white Southerners will go to protect political power. There aren't billy clubs. There aren't literacy tests. But they're saying this is how black turnout increased --- North Carolina went from 48th in voter turnout in the late 80s, to 11th in voter turnout in 2012 --- Republicans there basically said we're gonna tamp this turnout down."

And now it's left to the courts to find out if those rights, once granted, can be taken away by political whim --- and if NC, and other states with a history of racial discrimination in elections, will be forced once again to face preclearance from the federal government before they can enforce any new voting restrictions.

Berman has a lot of insight on all of this. His new book, Give Us the Ballot: The Modern Struggle for Voting Rights in America, will be published next month to coincide with the 50th Anniversary of passage of the VRA. As I note during the show, the book is an exhaustively researched and heart-wrenching documentation of the uniquely American and harrowing tale of the fight to vote in this country --- and the outrageously long and continuing effort to block it. That fight continues, sadly, to this day. Go buy his book!

Finally, Desi joins us again for some listener email and then a stunningly upbeat Green News Report for a change!...

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Guest: Brendan Fischer of Center for Media & Democracy...
By Brad Friedman on 7/16/2015 5:11pm PT  

I had to ask my guest on today's BradCast whether I was being overly dramatic in seeing today's stunning news from the Wisconsin Supreme Court as "the death of democracy". He did not warn me off that thinking.

Before that, however, we quickly covered two other breaking stories today: The verdict in the Aurora, CO shooting case and another new shooting today at two U.S. Marine facilities in Chattanooga, TN --- along with some thoughts on both of them.

Then, it's onto the jaw-dropping WI Supreme Court verdict in the challenge to the prosecutorial investigation into blatant collusion between Gov. Scott Walker and a number of Rightwing groups which spent millions in an alleged "criminal scheme" to help Walker win his 2012 recall election.

Brendan Fischer, general counsel at the Center for Media and Democracy joins us to explain the outrageous ruling. It's disturbing on several levels and bodes ominously for campaign finance laws across the entire nation. It's a must-hear interview, frankly.

In short, Walker and his campaign colluded with those "outside" groups in violation of state campaign finance law and what the U.S. Supreme Court said, in Citizens United, was not supposed to happen. But, it did --- to the tune of millions of dollars to help get Walker elected. Amazingly, it was the Rightwing groups that went to court in this matter to claim that their rights were being abridged by the prosecutors' investigation (a Republican prosecutor, by the way). We explain, in detail, how they made that case and how the Court's Justices went along with them to shut down the so-called "John Doe II" investigation.

But, the most outrageous part is the fact that the very same groups who sued to quash the probe also funded the elections (to the tunes of millions of dollars) of the very same Rightwing WI Supreme Court Justices who found in their favor today. That, despite both the prosecutor's request that those Justice's recuse themselves and a 2009 U.S. Supreme Court ruling (Caperton v. Massey) finding that judges must recuse if the case they are hearing involves a party with a "significant and disproportionate influence" on their elections.

"This is not just about past conduct, this is about future conduct, as well," Fischer tells me. "The court has okayed outside coordination between outside groups and candidates. It applies to their own campaigns, it applies to elections for judges....And the exact same groups that were parties to this case are going to be able to coordinate directly with these justices when they are up for re-election."

And, as if all of that isn't outrageous enough, this case, as I've long warned, is part of a national effort to eviscerate similar campaign finance restrictions across the entire nation --- because Citizens United and McCutcheon etc. apparently isn't yet enough for these Republicans.

"There's really not a whole lot left," Fischer says. "And you can see this being a huge mile-marker in the continued erosion on limits of money in politics. And it's not going to turn out well." Oh, well. I did try to warn everyone at least a year ago that this case was "about much more than just Walker and his corruption."

There's much more. But, as I said, a must-hear conversation today.

Download MP3 or listen online below...

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By Brad Friedman on 7/10/2015 5:24pm PT  

As history is made, today's BradCast takes a look at the background, context and FACTS behind a number of stories in today's headlines which haven't been reported as well as they should have been.

From the Confederate flag coming down in South Carolina today (it wasn't raised due to the Civil War, but rather, in response to a remarkable chapter in the fight for civil rights); to the bizarre intra-GOP fight over the Confederate flag in Congress (Hint: It's not really about the flag at all, it's about the EPA); to the facts, not fiction, behind Donald Trump's Republican Party immigration follies (he's just plain wrong); to the continuing (and hysterical) wingnut fallout from the Supreme Court's ruling on marriage equality (no, Glenn Beck, you won't be thrown off the air for opposing Constitutional equality for all, but that County Clerk in Kentucky should be tossed out of his job for failing to follow the law.)

Also: The nation's dumbest Governor invokes the "Pee-Wee Herman" defense; Responding to a complaint from a radio station manager; And much more! All on today's very busy BradCast!...

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Guest: Prof. David Schultz of Hamline University...
By Brad Friedman on 7/9/2015 4:43pm PT  

We have a number of encouraging items on today's BradCast, believe it or not, regarding elections and campaign finance for a change.

But first today, after an emotional debate in South Carolina, the Confederate flag will finally come down at the state capitol on Friday - clearing the way for debate on stuff that may actually reduce gun violence, racism and terrorism. But in the U.S. House, it's business as usual as the GOP fails on a Confederate flag-related amendment.

After that, another reminder why Internet Voting would be a disaster, and a bit of Trump news (which I know you crave every single moment --- don't lie!), some very good news today from the Florida Supreme Court on redistricting and even more good news from the U.S. Court of Appeals in D.C. on campaign finance.

Hamline University professor of political science and law David Schultz --- author of last year's Election Law and Democratic Theory and the upcoming Presidential Swing States: Why Only Ten Matter --- joins us to discuss those cases and four important steps he's laid out which could be taken immediately to reform our nation's campaign finance embarrassment. The best news: none of the steps require either a Constitutional amendment or our broken Congress! (Though it might require the President of the United States to step up.)

Among those steps, the FCC, for example, could immediately require free airtime for candidates over our public airwaves. "About 60-70% of all the money that will be spent in Presidential elections will be spent on media advertising predominantly on television," Schultz explains. "Forty years ago, the average time that a candidate got on the national news to describe his or her position was about a minute. Now it's down to about ten seconds."

"Requiring that free air time would be perfectly Constitutional" in exchange for licenses granted by the FCC. "If the FCC can move on Net Neutrality, it can move on this." But that's just one of several executive agencies which the President could instruct to take action without the need for Congress or amendments to the U.S. Constitution.

Plus: Desi Doyen joins us for the latest Green News Report on the terrible climate position of the latest Democrat to enter the 2016 Presidential race and much more...

Download MP3 or listen online below...

* * *
CORRECTION 7/10/2015: My guest Dan Schultz writes to say that he mispoke in regard to the U.S. Appeals Court case which upheld the ban on political donations by federal contractors as discussed in the show above. The case was a challenge to a 1940s-era law, not a Presidential Executive Order as asserted at one point during the show. For more details on the correction, listen to the top of the 7/10/2015 BradCast now posted here.... Apologies for the error!

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 7/9/2015 12:27pm PT  


 

IN TODAY'S RADIO REPORT: While we were out: Record settlement in BP's oil disaster in the Gulf of Mexico; Former Senator Jim Webb (D?!) enters the 2016 race --- we'll tell you his (terrible!) position on climate change; Extreme heat waves shatter temperature records on four continents; PLUS: Solar-powered plane flies into aviation history... 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): Exxon knew of climate change in 1981, funded deniers for 27 years; Episcopal church votes to divest from fossil fuels; Bernie Sanders’ Plan To Make Solar Power More Accessible; Farmers vs. Fish: Water War Heats Up With Probe Into Who Got Millions; 'Sustainable' Fishery Is Harming Native Alaskans; Mining Heads Into The Deep Sea; Methane Emissions in Texas Fracking Region 50% Above EPA Estimates... PLUS: The Global Coal Renaissance Is the Most Important Climate Story Today... and much, MUCH more! ...

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




By Brad Friedman on 7/4/2015 9:35am PT  

Sigh...

[Hat-tip The New Civil Rights Movement...]




With Brad Friedman & Desi Doyen...
By Desi Doyen on 7/2/2015 11:12am PT  


 

IN TODAY'S RADIO REPORT: Alaska and the Pacific Northwest are on fire; Warming oceans linked to more shark attacks in North Carolina; China and Brazil formally commit to cutting their greenhouse gas emissions; PLUS: Fracking companies can now be sued for causing earthquakes... All that and more in today's Green News Report!

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

Link:
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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): BP Agrees To Pay ‘The Largest Environmental Settlement In History’ Over Its 2010 Oil Spill; California Oil Train Risks Worse in Minority Areas; The Heat Is On: Climate change will make deadly heat waves like Pakistan’s and Europe’s worse than ever; Calif. May Allow Expanded Production as Oil Spill Cleanup Continues; 5 Things to Know About 2,4-D, the 'Possibly' Cancer-Causing Herbicide; Midwest flood risks could be underestimated by five feet... PLUS: Judge: Maui Ban On GMO Crops Is Invalid... and much, MUCH more! ...

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




Guest: Financial journalist David Dayen...
By Brad Friedman on 7/1/2015 3:39pm PT  

Greece is the word! On today's BradCast, financial journalist David Dayen joins us to explain the latest news in the Greek fiscal crisis and how austerity measures being forced on them continue to harm the nation even as the Eurozone and IMF move to make things worse, citizens head to the polls to help decide what to do about it and the "vultures" continue to make out like bandits.

"The problem is that these European institutions want Syriza [Greek's currently ruling leftist party] to suffer because they want to snuff this out," Dayen explains. "If an anti-austerity party is successful in one country in the Eurozone, that's going to tell the rest of the Eurozone that they don't have to live under these conditions anymore."

Dayen also tips us off to a similar fiscal mess now unfolding in Puerto Rico and how, even though "FastTrack" authority for the TPP (and other trade agreements for the next six years) has now been passed by Congress and signed by Obama, the controversial secret trade agreement could still be blocked in the U.S. House.

Then, I explain the Supreme Court decision you probably didn't hear about this week, which --- though good in that it tells Republican "voter fraud" fraudster and KS Sec. of State Kris Kobach to go to hell --- still leaves more than 30,000 otherwise perfectly legal voters in Kansas (and many in Arizona as well) unable to cast a vote in their own state.

Finally, Trump-mania continues as The Donald is fired by one group after another yet still manages to vault into 2nd place in Iowa polling. Donald Trump is the modern Republican Party id, whether they'll admit it or not, and they've got a real problem on their hands. On the other hand, I couldn't be enjoying it more!

Download MP3 or listen online below...

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