w/ Brad & Desi
w/ Brad & Desi
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...
GOP Voter Registration Fraud Scandal 2012...
The Secret Koch Brothers Tapes...
|MORE BRAD BLOG 'SPECIAL COVERAGE' PAGES...|
The U.S. Justice Department announced today that it will be filing suit to block the central provisions of North Carolina's new, draconian restrictions on voting.
The DoJ will also ask the federal courts to require preclearance for new election-related laws in the state.
The Tar Heel State's massive new, controversial restrictions on voting were passed by Republicans this Summer just after the U.S. Supreme Court gutted the heart of the Voting Rights Act in June. We've previously described the new measure as the nation's worst voter suppression law since the Jim Crow era.
The DoJ lawsuit is the latest element of U.S. Attorney General Eric Holder's vow this summer to use "every tool" at the DoJ's disposal to fight for voting rights after SCOTUS dismantled a key provision of the VRA that required jurisdictions with a long history of racial discrimination in election laws, such as North Carolina, to seek federal approval, or "preclearance" before new election related laws could be enforced.
The suit follows similar action by the DoJ in Texas, where new polling place Photo ID restrictions and Congressional redistricting --- both previously found by the DoJ and federal courts to be purposefully discriminatory in the Lone Star State --- are also being challenged as violations of the VRA and the U.S. Constitution. The federal suit in NC is the latest of several complaints filed against the state's massive new voting restrictions, all of them alleging, with no small amount of evidence in support, that the law is a racially motivated attempt to suppress minorities and other Democratic-leaning voters.
From the DoJ announcement today:
Note the important point in the above alleging that the NC law is not only discriminatory, it is also purposely so. That argument will be key to the DoJ's case that the new law is in violation of Section 2 of the Voting Rights Act, as well as its argument that the state should be "bailed in" to require preclearance, as per Section 3(c) of the Act...
About 100 people gathered at the Statehouse for a rally sponsored by KanVote, a Wichita-based group that opposed the law, which took effect in January. The NAACP, the American Civil Liberties Union and Equality Kansas, the state's leading gay-rights organization, also called publicly for the law's repeal.
The law took effect in January, backed by Secretary of State Kris Kobach and fellow Republicans, who view it as a way to prevent non-citizens from voting improperly. But more than 15,000 legal Kansas residents' voter registrations are on hold because they have yet to provide proper documents, meaning they can't legally vote.
Wow. 15,000 legal voters stopped from voting. Kansas must have a terrible problem with non-citizens voting! After all, that's all the state's Republican Sec. of State Kobach (who also wrote Arizona's "Papers Please" law) ran on in 2010: stopping "voter fraud"! In fact, his own personal website warns even today: "In Kansas, the illegal registration of alien voters has become pervasive."
"Pervasive"? Really? So, how many cases of non-citizens voting has he turned up in the two and half years since being elected as Secretary of State?...
With Brad Friedman
Greg Abbott, the Lone Star State's Attorney General, made a fool out of himself recently when he issued his public response to a U.S. Dept. of Justice lawsuit challenging the Texas Republicans' new polling place Photo ID law as a violation of the Voting Rights Act (VRA) and of the U.S. Constitution.
The "facts" he publicly offered in the law's defense were wholly misleading and, worse, plainly inaccurate. But if Abbott thought that was embarrassing, he may have no idea what he's in store for when he actually shows up in a court of law, seeking to defend the Photo ID law which Texas Republicans enacted in 2011 as part of a desperate attempt to cling to power.
Rapidly shifting voter demographics are quickly working against the Lone Star Republican Party. The numbers are leading them into a panic over an ever-increasing minority population and rising voting rates to go with it. So they have been, since 2005, attempting to squelch the inevitable by trying to tamp down minority turnout any way possible. But Texas Republicans are not only in a battle with demographics. The key facts about the Lone Star State's Photo ID restrictions --- as already determined in a court of law --- are not on their side either.
In both United States v. Texas, the DoJ's newly filed legal challenge to the Texas Photo ID restriction law, and in Veasey v. Perry, a separate federal lawsuit filed by Rep. Marc Veasey (D-TX) and later joined by Dallas County, the plaintiffs not only set forth allegations but facts already found to be true last year by a unanimous three-judge U.S. District Court panel.
Those already established facts reveal that the state's Photo ID law (SB 14) violates the Equal Protection Clause of the 14th Amendment to the U.S. Constitution because it imposes unreasonable, and often impossible, burdens upon the right of the poor to vote that would likely result in disenfranchisement. The three judge panel further found, via "undisputed record evidence", as they described it, that a disproportionate percentage of poor Texans who would be subject to such disenfranchisement are Hispanic and African-American.
At the time, however, despite establishing those uncontested facts, those Constitutional concerns were not the basis of the case in front of the federal court in question. But they are now.
Given the Lone Star State's acknowledgment during the previous litigation that it could not contest the facts already on record, the Texas Republicans' gambit to try and turn back time at the polls, or, at least, slow it down as the demographic clock continues to tick against them, is exceedingly unlikely to work. Here's why...
Note 1: Pardon the herky-jerky Skype web cam video.
Note 2: The BRAD BLOG article about Eric Holder that I believe my friend Mike Papantonio cited during our conversation, was actually written by our legal analyst Ernest Canning. But, of course, I'm proud to stand behind it 100%! Just wanted to give credit where due.
Note 2a: There are several different issues currently in court between TX and the DoJ, and they get a bit conflated during my conversation with Pap. One issue is the filing by the DoJ asking the court to order that the state of Texas be added, or "bailed in", to the list of jurisdictions requiring federal preclearance for all new voting-related laws, given their history of purposeful discrimination with such laws. The current list of jurisdictions is now empty, since the U.S. Supreme Court killed the Voting Rights Act formula used to determine who should be on that list. The other TX/DoJ case we discuss is the DoJ's suit to block the TX GOP's disenfranchising polling place Photo ID restriction. That law, though it was found discriminatory in 2012 by both the DoJ and a federal court, was re-enacted by TX immediately after SCOTUS gutted the VRA. The DoJ, and other parties, are now suing to block it under the still-existing Section 2 of the VRA, as well as on Constitutional grounds. (We hope to have more details on the lawsuits against the TX GOP's polling place Photo ID restriction law soon. And, I'll add, our coverage should offer some pretty encouraging news for voting rights advocates who, unlike Ernest Canning, may not have dug into all the legal details and already-established facts of the case. --- UPDATE: That article is now here, and offers some very encouraging news indeed about the likelihood that the TX Photo ID law is already doomed in court!)
Note 3: Enjoy!
Last week, civil rights groups filed two lawsuits in a North Carolina U.S. District Court, seeking to block what Brad Friedman aptly described as "the most extreme anti-voter bill passed by any state since the Jim Crow Era."
The Tar Heel State has a sordid history of official discrimination, a history that includes 30 successful challenges to discriminatory voting laws under Section 2 of the Voting Rights Act (VRA) over the past 30 years. Until the recent Republican takeover of the state, NC had become somewhat more progressive in the area of election law, even allowing for same day registration and voting which is lacking in even most of the more progressive states in the union.
Then, everything changed. Republican Gov. Pat McCrory signed a sweeping new election "reform" bill. The breadth the new law is unprecedented. It targets "nearly every aspect of the voting process," according to one of the new lawsuits. Both complaints allege that the newly minted Voter Information Verification Act ("VIVA" aka HB 589) reflects nothing less than a deliberate, racially-motivated attempt to deprive African-Americans of their constitutionally guaranteed right to vote.
The League also filed a separate legal challenge in state court, Currie v. North Carolina [PDF]. The state case alleges that VIVA’s polling place Photo ID restrictions violate the NC Constitution, which treats voting as a "fundamental right." (A legal analysis of the state challenge will be covered in a subsequent article).
Earlier this Summer, when the U.S. Supreme Court carved out the very heart of the federal Voting Right Act with their 5 to 4 Shelby County v. Holder decision, they acknowledged that their ruling "in no way affects the permanent nationwide ban on racial discrimination." The controversial decision rejected the formula established by Congress in the VRA's Section 4, used to identify jurisdictions to be covered by the Act's Section 5 requirement for those covered jurisdictions to receive preclearance from the DoJ or a U.S. District Court before enacting any new election-related laws. The SCOTUS decision did not, however, eliminate the right of individuals, civil rights organizations, or the DoJ to file lawsuits seeking to block discriminatory laws under the VRA's Section 2, which bars discrimination in all 50 states.
Therefore, the new federal lawsuits filed in NC do not, and need not, challenge the Shelby County decision. Their factual allegations, however, suggest that Chief Justice John Roberts was in grave error when asserting, on behalf of the Court's right-wing majority, that "the conditions that originally justified [Section 5 preclearance] no longer characterize voting in covered jurisdictions"...
The Department of Justice (DoJ) will not idly remain on the sidelines as the GOP seeks to illegally game the electoral system in the wake of what U.S. Attorney General Eric Holder referred to as the "deeply disappointing and flawed" Supreme Court decision in Shelby County v. Holder.
That decision, which carved out the very heart of the Voting Rights Act of 1965 by finding unconstitutional the formula used to determine which jurisdictions with a long history of racial discrimination are required to "pre-clear" new election laws with the federal government before they can be enacted, has been a dramatic "setback", as Holder described it, to the voting rights movement, and has even proven to be a great leap forward for vote suppressors.
But, in a speech last week to the National Urban League Conference in Philadelphia, Holder signaled his intentions to fight back against the activist Court:
And today I am announcing that the Justice Department will ask a federal court in Texas to subject the State of Texas to a preclearance regime similar to the one required by Section 5 of the Voting Rights Act...based on the evidence of intentional racial discrimination that was presented last year in the redistricting case, Texas v. Holder – as well as the history of pervasive voting-related discrimination against racial minorities that the Supreme Court itself has recognized – we believe that the State of Texas should be required to go through a preclearance process whenever it changes its voting laws and practices.
The DoJ then promptly filed a July 25, 2013 "Statement of Interest" in Perez v. Texas, a federal court case challenging the imposition of new Congressional redistricting maps in the wake of the Supreme Court's gutting of the Voting Rights Act, despite the fact that both the DoJ and a panel of federal judges nixed the same map last year after it was found to have been purposefully discriminatory just last year.
The DoJ argued in its filing last week that, because the evidence presented both in Perez and in Texas v. United States, revealed intentional violations of the 14th and 15th amendments in the redistricting schemes at issue, the court should impose a ten year preclearance requirement upon the State of Texas as an equitable remedy available pursuant to Section 3(c) of the VRA.
In short, while SCOTUS gutted the VRA's existing Section 4 formula for determining jurisdictions to be covered by Section 5 pre-clearance requirements, it left Section 3, which allows for jurisdictions to be added or "bailed in" to the list of those subject to preclearance intact. The DoJ now wants Texas added to the list of such jurisdictions.
It is of critical importance to note, however, that Holder's Urban League speech made clear that his intentions of pushing back were neither limited to Texas nor to Section 3.
"This is the Department’s first action to protect voting rights following the Shelby County decision, but it will not be our last," Holder vowed.
He then stated (emphasis added): "My colleagues and I are determined to use every tool at our disposal to stand against discrimination wherever it is found."
As observed by University of California Irvine Law Prof. Rick Hasen, Holder's pledge to have the DoJ "use whatever tools it has remaining in its arsenal to protect minority voting rights" is "a big deal."
It's a "big deal" not just because of the creative use of Section 3 in Perez, but also because the DoJ is joining a case originally brought "under Section 2 of the [VRA] to enforce the guarantees of the [14th & 15th] Amendments against racial discrimination in voting." The DoJ's actions here suggests that they are finally prepared to add the power and resources of the federal government to legal efforts to protect the right to vote that had been primarily made during the last election cycle by privately-funded, public interest groups like the ACLU and League of Women Voters...
Apparently, we were wrong last March, when we interpreted Attorney General Eric Holder's Congressional testimony to mean that the big banks were just "too big to jail".
"I am concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them when we are hit with indications that if you do prosecute, if you do bring a criminal charge, it will have a negative impact on the national economy, perhaps even the world economy. And I think that is a function of the fact that some of these institutions have become too large," Holder testified at the time.
"It has an inhibiting influence --- impact --- on our ability to bring resolutions that I think would be more appropriate," he continued. "So, the concern that you raise is actually one that I share."
That's what he said in March. But apparently, despite that, he now says, banks are not too big to jail. That's what Holder "very, very, very" much wants us now to believe, according to his testimony in Congress today...
A week or two ago, after seeing Attorney General Eric Holder, in Senate testimony, pretend that he was "concerned" about a lack of prosecution of big banks due to their being too large, I described his claims, in a bit of a rant here as "complete bullshit".
Over the weekend, I spoke (via a very bad web cam) to Mike Papantonio on Ring of Fire about that very issue...
This exchange --- by Congressional committee proxy --- got a bit more buried than it deserved to be amidst a week of important (Rand Paul's drone filibuster) and not so important (Presidential/Congressional dinner dates!) news items last week.
You may have already seen both of these clips. But just in case you haven't, the remarks made during two different Congressional hearings last week illustrate the very heart of the most broken part of our broken government, so I wanted to be sure to at least flag these two short videos here.
The first was Attorney General Eric Holder's remarkable admission last week, when asked about why one the world's largest banks, such as HSBC --- which admitted to some $881 million dollars in drug cartel money laundering and working with regimes in a number of countries around the world in blatant violation of human rights sanctions against them --- have not been brought to trial by the Obama Dept. of Justice...
"The concern that you have raised is one that I, frankly, share," Holder responded to Sen. Chuck Grassley (R-NE). "I am concerned that the size of some of these institutions becomes so large that it does become difficult for us to prosecute them when we are hit with indications that if you do prosecute, if you do bring a criminal charge, it will have a negative impact on the national economy, perhaps even the world economy. And I think that is a function of the fact that some of these institutions have become too large."
"It has an inhibiting influence --- impact --- on our ability to bring resolutions that I think would be more appropriate," he continued. "So, the concern that you raise is actually one that I share."
With all due respect to AG Holder --- and he is due very, very little --- what he just said is, to the best of my knowledge, complete bullshit. While I'm not an expert in financial law, I am familiar with no clause in any of those laws which offers a "get out of jail free card" to institutions who have become so large that prosecuting them would have "a negative impact on the national economy, perhaps even the world economy."
I know of no provisions in the criminal code which says that if your corporation has become large enough that facing criminal prosecution might make the world markets jittery, you don't have to face prosecution for those crimes. In fact, we still have anti-trust laws on the books to deal with exactly those situations --- cases in which corporations have become so powerful, have such a monopolistic effect on the market, that they may be broken up by the Dept. of Justice, or even taken over and then sold off piece meal to bring the company back into manageable size again.
The next day, in another U.S. Senate hearing, Sen. Elizabeth Warren (D-MA), expressed a similar sentiment, in a must-see video clip, absolutely slamming U.S. Treasury regulators for their lack of willingness to take action against some of the most criminal corporations, such as HSBC.
"What does it take to get you to consider shutting down a bank for money laundering?!," she asked the regulators who couldn't respond as to the last time a bank had been prosecuted for this sort of thing. "How many billions of dollars before somebody says we're shutting you down?"...
A few items of late that have caught our eye, but we haven't had time to cover in detail. So, you get the Readers Digest versions for now. You're welcome!
• Susan Rice and the Democrats once again succumb to the demands of terrorists.
• Whodathunkit? But questions arise about the legitimacy of the claims made by Fox' latest wannabe James O'Keefe, about that video purporting to show an "unprovoked attack" by "union thugs" outside the capital building in Lansing, MI this week. The most amazing part? Someone at The New York Times --- yes, that New York Times --- is one of those actually noticing the big honkin' edit in the middle of the video, rather than just reporting it all as unquestioned fact.
• Eric Holder spoke about the need to protect voting rights at the John F. Kennedy Presidential Library. We have more than a few bones to pick about it, but we'll just point you to the actual speech for the moment.
• What's the difference between this and just stealing? House Republicans secretly --- secretly --- authorized $500,000 in tax payer dollars to defend the unconstitutional "Defense of Marriage Act". More of that small government "conservatism", apparently.
• Finally, for now, the critically acclaimed Zero Dark Thirty, the new theatrical film about the manhunt for Osama Bin Laden, reportedly glorifies the torture that led to his capture and killing, even though no torture whatsoever actually led to his capture and killing.
IN TODAY'S RADIO REPORT: Some justice in the Gulf: Record fines for BP in Gulf Oil Spill disaster; October 2012 the 2nd hottest on record; CA launches landmark cap-and-trade system; PLUS: The Superstorm Sandy Effect: Obama says it's time to tackle climate change --- sort of ... All that and more in today's Green News Report!
IN 'GREEN NEWS EXTRA' (see links below): Refineries ran while 'offline,' yet gas prices rose; British government files charges against nuclear waste plant owners; Scientists show changing wind patterns are key driver of Antarctica's growing sea ice; EU climate head wants Obama to pull his weight in global warming talks... PLUS: Energy Independence: In Germany, everyone can be an energy producer ... and much, MUCH more! ...
[UPDATE 10/24/12: Virginia's Attorney General Ken Cuccinelli will now be investigating after all, following a unanimous vote today of the State Board of Elections to refer the matter for a statewide criminal probe. Our concerns about Cuccinelli's conflicts of interest, as partially detailed below, still stand.]
Broader investigations are being sought, on a number of fronts, into the nationwide GOP Voter Registration Fraud Scandal including, finally, an investigation by the U.S. Department of Justice.
Over the weekend, a Democratic state legislator in Virginia asked the state's Republican Attorney General to open a statewide probe, though AG Ken Cuccinelli has said he has no plans to carry one out. Given the photographs recently posted of Cuccinelli on Twitter (see below), that's probably a good thing.
On Monday, however, a number of Democratic U.S. Congress members from Virginia sent a letter to U.S. Attorney General Eric Holder seeking a nationwide investigation. Also, the three ranking Democrats of the U.S. House Judiciary, Elections and Oversight committees are pressing Republican National Committee Chairman Reince Priebus for answers as to why his party hired a shady GOP operative with a long history of voter registration fraud allegations against him, and whether the RNC intends to truly cut ties with him, and his many companies working for Republicans across the country.
All of this comes on the heels of the GOP Voter Registration Scandal widening to Virginia last week, when 23-year old Colin Small was arrested and charged with 8 felonies and 5 misdemeanors after being seen allegedly dumping voter registration forms into a dumpster near a shopping mall in Harrisonburg.
Small, a Pennsylvania resident who claimed on his LinkedIn profile to be a "Grassroots Field Director" for the Republican National Committee, had been hired to do voter registration work by Strategic Allied Consulting, a company formed this summer at the request of the RNC and headed by Nathan Sproul, a shady GOP operative and paid political consultant for Mitt Romney's campaign.
The firm was supposedly fired by the RNC late last month after hundreds of apparently fraudulent registration forms collected by the company on behalf of the Republican Party of Florida were discovered by election officials in some twelve counties in the Sunshine State. The RNC had reportedly paid Sproul's firm at least $3 million since August to carry out voter registration efforts in five battleground states, including VA, despite many years of allegations that his companies had destroyed Democratic registration forms in a number of states.
The arrest of Small revealed that the supposed firing was a deception, as Sproul's employees and Republican voter registration machine were kept in place, but run by local GOP officials and paid by PinPoint Staffing, one of the employment agencies Sproul tells The BRAD BLOG he had used in a number of states...
Rep. Ted Deutch (D-FL-19) joined me live on today's BradCast on KPFK/Pacifica Radio to discuss two things:
1) Our exclusive from earlier this week on FL Gov. Rick Scott's voter purge/DHS database deception (an issue which Deutch has been raising hell about for several weeks) and 2) His OCCUPIED Amendment to get corporate money the hell out of our electoral system, particularly in the wake of the U.S. Supreme Court overturning Montana's 100-year old anti-corruption law on Monday.
I was delighted to hear the Congressman was nearly as furious about both as I was. He also confirmed that nobody has been able to verify the "100 or so" alleged "non-citizens" that Scott says have been found on the rolls (out of 182,000 identified in the initial purge list and out of 11.2 million voters), and also that there are still three FL counties --- Lee, Collier and Bay --- where the Supervisors of Elections may still be carrying out the faulty and disenfranchising systematic purge.
My rant explaining Scott's scam kicks off the show, before Deutch then joins us. Then, Desi Doyen joins us with the latest Green News Report and we take a couple of quick amusing calls.
Oh, and though I mentioned it at the top of the show, I forgot to reiterate it again at the end of the show, so I'll do so now: FL Gov. Rick Scott, FL Secretary of State Ken Detzner and/or their spokesmen were invited to appear on the show to offer their response to our Monday exposé. They declined to even respond to the invitation.
Download MP3 or listen online below...
[NOTE: I interviewed 90-year old Joyce Block from Pennsylvania, the woman discussed in the story below, today (Wed, 4/25) on my KPFK/Pacific Radio show, and she offered a bit of a "good news" update on her story. That interview is now posted here. - BF]
And now it's the voters in Pennsylvania who are beginning to lose their right to vote under new Republican voter suppression laws. The latest story of a citizen having their rights robbed by Big Government GOP disenfranchisement laws is that of Joyce Block, a 90-year old grandmother from Doylestown who has voted for 70 years without a problem --- until now.
We've been reporting for some time on legal voters who are being disenfranchised by Republican-passed polling place Photo ID restrictions around the country. For example, in Indiana there were the 80- and 90-year old nuns who were turned away from the polls in 2008 after that state's first-in-the-nation Photo ID restriction had taken away the rights they'd freely and legally exercised for decades at their own monastery. (They were turned away that year by the poll worker, their fellow sister, who had been forced to follow the new voter suppression law.)
Of course, that same law in the Hoosier State didn't prevent their top election official, charged with overseeing the law, Republican Sec. of State Charlie White, from committing three voter fraud felonies himself. He was found guilty in February of this year and forced to leave office. But these laws aren't actually meant to stop voter fraud. Even proponents of such laws are unable to cite any cases of polling place impersonation --- the only type of voter fraud that could possible be deterred by such laws --- which might have been prevented in their state by polling place Photo ID restrictions. These laws are meant solely to disenfranchise perfectly legal, usually Democratic-leaning voters who disproportionately lack the type of ID now needed to vote in states where these laws have been approved.
We told you about 87-year old Ruthelle Frank, an elected town official in Wisconsin who would have to come up with more than $200 for her "free" ID to vote under the GOP's new law there. And then there was 77-year old Bettye Jones for whom it would be strictly impossible to vote at all under WI's law which was, thankfully, recently found to be in violation of the state Constitution by two separate judges in two separate lawsuits in the Badger State.
Down in Tennessee, we told you about 96-year old Dorothy Cooper who was denied a "free" Photo ID, as now needed to vote there, even though she had her birth certificate to prove she was who she said she was. And we also highlighted 93-year old Thelma Mitchell, who used to clean the Governor's office in the statehouse, but was told that her ID was no longer good enough to cast a vote in the Volunteer State.
We could, of course, go on and on and on with such examples, even as we could detail the many high-profile Republicans who have committed voter fraud --- folks like Mitt Romney and Ann Coulter and many others, to name just a few --- who would not have been prevented from committing their crimes even under Photo ID restrictions, because that's not how voter fraud generally occurs and not the sort of voters these laws are meant to disenfranchise. It is, however, a swell way to keep hundreds of thousands, even millions, of perfectly legal --- largely elderly, minority and student (read: Democratic leaning) --- voters from being able to cast their legal vote.
And now, in Pennsylvania, the most recent state where Republicans have approved a polling place Photo ID restriction law --- and where the state's Republican Governor Tom Corbett blatantly lied about it to the media --- we see the 90-year old grandmother-in-law of a local Borough Council president who looks as if she'll be forced to break her perfect 70-year voting record this November, as she too is unable to receive the supposedly "free" ID soon required to vote in the Keystone State...
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