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Latest Featured Reports | Friday, November 28, 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...


By Brad Friedman on 3/20/2012 1:35pm PT  

Huh. Imagine that...

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Oligarchic perversion of our legal system continues apace...
By Ernest A. Canning on 12/18/2011 7:49am PT  

Guest blogged by Ernest A. Canning

In light of GOP Presidential front-runner Newt Gingrich's recently revitalized attacks on the judiciary as, apparently, not yet extreme or activist enough for his tastes --- though he finds, like most of the other GOP candidates, Justices Roberts, Scalia, Thomas and Alito to be "pretty darn good" --- it's worth taking note of just some of the recent behavior, judicial temperament and fundamental principles of those far-Right extremist Supreme Court Justices he apparently does approve of.

To that end, the opening paragraph of a Nov. 14 Los Angeles Times article was disturbing but not surprising:

The day the Supreme Court gathered behind closed doors to consider the politically divisive question of whether it would hear a challenge to President Obama’s healthcare law, two of its justices, Antonin Scalia and Clarence Thomas, were feted at a dinner sponsored by the law firm that will argue the case before the high court.

While basic canons of judicial ethics suggest that judges should avoid even the appearance of impropriety, it remains exceedingly doubtful that the gathering of signatures on a Credo Action Petition will prompt either of these two "radicals in robes" to recuse themselves...

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

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By Brad Friedman on 9/26/2011 3:27pm PT  

Just a friendly reminder. As originally posted on Rep. Nancy Pelosi (D-CA)'s flickr stream last May...

So who are the "big spenders" again?

[Hat-tip David Roberts.]

* * *

UPDATE The original graphic we used above had been posted by Pelosi's office on 5/3/11, even though they had updated the graphic on 5/19/11. We had linked to the updated one, but had posted the older one here (which illustrates the same idea, though George W. Bush's increase to the debt was seen as 115% versus 86% in the update, and Barack Obama was responsible for increasing the debt by 16% versus 35% in the updated version, which is now posted above.) Thanks to longtime BRAD BLOG commenter Soul Rebel for catching the mistake!

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By Brad Friedman on 8/22/2011 3:35pm PT  

In apparent response to GOP leaders of the U.S. House Energy and Commerce Committee who requested in June that Federal Communications Commission (FCC) Chair Julius Genachowski "strike the Fairness Doctrine from the agency's rulebook," the former corporate media executive has announced exactly that today, striking the rule, and 82 others, from the official FCC rulebook...

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

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Panama, Columbia, South Korea next in line for American jobs...
By Ernest A. Canning on 8/5/2011 12:16pm PT  

Guest blogged by Ernest A. Canning

Earlier today, Brad Friedman reported that, despite high unemployment and food stamp usage at an all-time record high, U.S. corporations were experiencing record profits.

Simultaneously, Los Angeles Times reported that Senate leaders have reached an accord to pass three more NAFTA-like "free trade" agreements (Panama, Colombia, and South Korea) when Congress returns from its August recess. The Times stated: "Proponents [e.g., the U.S. Chamber of Commerce] say the trade agreements...will pump as much as $14 billion into the U.S. economy and add more than 250,000 jobs."

The reality was better captured by Ross Perot during a 1992 Presidential Debate when he warned (video reminder below) that NAFTA would produce "a giant sucking sound of jobs headed South"...

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

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The 'teabagger' fruit of the debt ceiling 'crisis'...
By Evan Kutner on 7/30/2011 2:50pm PT  

Guest editorial by Evan Kutner of distributorcap NY

It took 30 years and 204 days, but on Tuesday August 2, 2011 the fruits of the Reagan Tree of Life will finally have reached its peak when the over-ripened, low-hanging, worm-filled Reagapples will begin to pound the ground, not with sweetened blossoms, but with a dead thud. 30 years and 204 days of belittling and ignoring the American education system, calling ketchup a vegetable, telling us trees cause pollution, cutting taxes to create trickled-down imaginary jobs (OK there are a few more maids and gardeners) and teaching Americans that they could have everything they want and it will cost nothing - the Teadras educated Republican party is willing to take the ultimate bet and tell the piper (or croupier) this time to shove it.

The US Congress has spent the better part of the past month arguing over whether the credit limit on the Visa card should be raised in order to pay their bills --- bills they have committed and signed to pay. If this game of cold-war brinkmanship wasn't so dangerous on so many levels --- it would actually be comical to watch. Watching the children of the right storm out of meetings (Eric Cantor --- who probably has the distinction of having had the most spit balls thrown at him during 7th grade lunch) and then say no, no, no as the opposition capitulates to nearly every one of their demands is nothing short of having MacBeth playing in a Kabuki Theater.

The 80 or so teabaggers, who sandbagged their way into Congress last November promising to stop those eternal welfare queens from driving Cadillacs and finally ridding the country of the leeches who live off their hard-earned (over) taxed dollars, are about to allow the real grand experiment to go forward --- let the US default on its payments for the first time in history --- and default by choice. You know the world's strongest economy is going to look like it is managed even worse than Greece...

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

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Adding to Robert Reich on 'What’s Wrong with the Economy' and what a real jobs initiative would look like...
By Ernest A. Canning on 6/27/2011 12:15pm PT  

Guest editorial by Ernest A. Canning

"In a time of universal deceit --- telling the truth is a revolutionary act." - George Orwell

Ah, the 2012 election cycle is fast approaching. The Plutocrat (aka 'Republican') Party is in the process of garnering funds from far-right billionaires like the Koch brothers in order to present their usual "jobs, jobs, jobs" propaganda.

"Jobs, jobs, jobs" will come to us not only by way of paid-for political ads, but by way of corporate MSM "coverage" which will conveniently neglect to mention that the GOP-controlled House has not offered a single bill that would create a single job, or that the 2010 GOP "victories" have merely produced an all out assault on the middle-class including an effort to eliminate Medicare, an assault on the fundamental right to engage in collective bargaining, and drastic cuts in programs designed to protect the health, safety and economic well being of the vast majority of the American people at the same time they tirelessly strive to protect subsidies for the oil cartel and tax breaks for billionaires.

Against this backdrop, Robert Reich has come up with this two minute, fifteen second explanation of "What’s Wrong with the Economy..."

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

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By Brad Friedman on 2/23/2011 12:05pm PT  

[Via @LuddLite, hat-tips @OTOOLEFAN & @ShannynMoore]

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Tonight: Will Bunch on Reagan's imaginary legacy, Vince Warren on Bush torture charges & Marcy Winograd on Jane Harman...
LIVE! 9p-Mid ET (6p-9p PT), Call-in#: 877-520-1150
By Brad Friedman on 2/7/2011 3:20pm PT  

[Now UPDATED with audio archives from tonight's show below!]

I'll be guest hosting the nationally syndicated Mike Malloy Show every night this week, through Friday, week as the Malloys enjoy a Progressive Cruise on the Caribbean. (Yes, I'm jealous.)

We'll be BradCasting LIVE tonight, and all week, 9pm-Midnight ET (6p-9p PT), coast-to-coast and around the globe from the studios of L.A.'s KTLK am1150. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE and lively chat room will be up and rolling right here at The BRAD BLOG during the show, so please come on by and say hey while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Tonight:

The Mike Malloy Show is nationally syndicated on air affiliates acros the country and also on Sirius Ch. 146 & XM Ch. 167. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or via MikeMalloy.com.

* * *

POST-SHOW UPDATE: We were able to reach MARCY WINOGRAD at the last minute to discuss the late breaking news that Rep. Jane Harman is leaving Congress. The archives are below, where you can hear whether she plans to run in the upcoming special election, along with everything else from tonight's show. (Chat room archives are also below!) Enjoy! See ya tomorrow night!...

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

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By Brad Friedman on 1/17/2011 2:34pm PT  

Good for Congressman Nadler! Calling on the people's airwaves to be used, as required by law, in the "public interest"...

Rep. Jerrold Nadler (D-N.Y.) said on Friday that the Federal Communications Commission should reinstate the fairness doctrine for broadcast television to ensure that multiple sides of controversial topics are offered to the public.

“For over the airwaves TVs, I think they should bring it back,” said Nadler on Fox Business News with Andrew Napolitano.

“I think it makes sense for people to be able to hear as many sides of political opinions as possible, and as long as it's the people's airwaves that should be used for that purpose.”

Nadler’s comments come in the wake of the recent shooting of Rep. Gabrielle Giffords (D-Ariz.), which has re-launched the debate over what role heated political rhetoric plays in the spurring people to take violent actions.

Nadler's comments follow on the heals of remarks by Rep. James Clyburn (D-SC) following the shootings in Tucscon. "Free speech is as free speech does," he is quoted by the The Post and Courier as saying. "You cannot yell ‘fire' in a crowded theater and call it free speech and some of what I hear, and is being called free speech, is worse than that."

Despite originally calling for a "clarif[ication of] the public interest obligations of broadcasters who occupy the nation's spectrum" on the White House website the day he was inaugurated, the Obama Administration has since retreated after false charges by the Right that Democrats intended to "censor" Rightwing talk radio. The passage was quickly removed from the White House website and, more recently, the Administrationhas said they have no interest in revisiting the Fairness Doctrine. (Though, we should note, that doctrine is not the only way to help restore fairness and balance to our public airwaves.)

The Fairness Doctrine, which had been enforced by the Federal Communications Commission (FCC) since 1949, required those who used the limited and publicly licensed broadcast airwaves to at least attempt to offer opposing views on controversial issues, was ordered abolished by President Reagan in 1987.

The doctrine's abandonment immediately paved the way for round-the-clock, one-sided propaganda from nationally syndicated talk radio hosts such as Rush Limbaugh and scores of others.

Diversity of viewpoints shared in the public interest over our public airwaves was further brought to an end by the federal Telecommunications Act of 1996, signed by President Clinton. The act, sold as a "boon to competition in the market" lifted the cap on the number of radio and TV station licenses that could be procured by a single corporation. For example, prior to the Telecom Act, the Clear Channel corporation owned just 59 radio and TV stations nationwide. After passage of the act, they were allowed to purchase and control more than 1,200.

In the bargain, real competition --- and virtually all pretense of fairness and balance --- on our public broadcast airwaves largely died, rather than flourish as supporters of the Telecom act had claimed (and as detractors, such as Ralph Nader, had predicted), as corporations were allowed to hold virtual monopoly control over political viewpoints on the nation's airwaves in nearly all major cities across the country.

The BRAD BLOG has covered this topic for years, long calling for fairness and balance to be restored to our public airwaves. Following the recent shootings in Tucson, we have revisited the topic again, most recently in an article highlighting Pima County Sheriff Clarence Dupnik's spotlight on "vitriolic rhetoric" on radio and TV as an element helping to incite violence and bigotry in his city which features six Rightwing radio stations, but none offering a progressive voice. And in another article, posted the day after the shooting, we offered statistics on how bad the problem is across the entire nation.

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By Sue Wilson on 10/21/2010 10:31pm PT  

Guest Blogged by Sue Wilson

In the October issue of O magazine, Democratic consultant and commentator Donna Brazile did the unthinkable: she used the "F" word --- in Oprah Winfrey's publication, no less! Eyebrows are being raised across the political spectrum.

Okay, not that "F" word, a different one which is, apparently, far more controversial these days: Brazile says that if she "were in charge" her first priority would be to bring back the Fairness Doctrine." She says that that would require "holders of broadcast licenses to present controversial issues of public importance in an honest, equitable, and balanced fashion."

To the uninitiated, bringing Fairness to the public airwaves --- broadcast radio and TV --- is a no-brainer. But to Sean Hannity, Glenn Beck, Rush Limbaugh, and an army of 550,000 amassed to keep the nation's radio airwaves under "conservative" control, Brazile's declaration of priorities could be a call to arms. Is it possible that the Democratic establishment is finally ready for a fight to take control of their message? While no longer with the DNC, Brazile is still closely aligned with the Democratic power establishment after all.

Okay, time for a bit of history.

Our elders will remember a time when radio was America's number one source of news and information. And they remember being horrified at how Tokyo Rose and our enemies used the radio airwaves to promote hate and propaganda against the U.S.

So they watched as the Federal Communications Commission (FCC) and radio station owners worked together to prevent propaganda from ever being broadcast over the public airwaves in these United States of America. This coalition of government and business put the "Fairness Doctrine" in place to ensure a healthy, reasoned discourse so critical to our democracy.

The thing is --- and a point important for those who believe much more information is now available on cable and the Internet --- radio is still America's number one source of news and information. More people listen to radio than watch television, read newspapers, or go online. Nearly fifty million people in the U.S. listen to talk radio.

But Fairness? Equal Time? Reasoned discourse? Those went out the window in 1987 with - drumroll, please - President Ronald Reagan...

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

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By Ernest A. Canning on 9/13/2010 7:11pm PT  

Guest blogged by Ernest A. Canning

This November, California voters will be afforded a rare opportunity to directly decide whether to legalize and tax the lawful cultivation, processing, distribution, sale, and consumption of marijuana by and to individuals over 21 years of age.

By approving Proposition 19, formally labeled the "Regulate, Control, Tax Cannabis Act of 2010" [PDF], voters will take an important first step towards ending the costly, hypocritical, and liberty-destroying "war on drugs" which, like its predecessor (Prohibition), has created a lucrative niche for criminal organizations --- hypocritical because the covert agencies of the U.S. government have long engaged in drug trafficking in support of Empire even as the so-called "War on Drugs" has provided a convenient excuse for supporting brutal dictatorial puppet regimes whose function it is to serve the interests of what John Perkins described in Confessions of an Economic Hit Man as the "corporatocracy"...

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

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By Brad Friedman on 9/6/2010 7:18pm PT  

From Michael Moore to Rahm Emanuel. Ditto.

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Government 'irreparable harm' argument fails to gain traction before majority Republican-appointed appellate court...
By Ernest A. Canning on 7/9/2010 3:19pm PT  

Guest blogged by Ernest A. Canning

A three judge panel of the heavily-Republican 5th Circuit Court of Appeal in New Orleans rejected the Department of Interior's request for an emergency stay of Judge Martin Feldman's June 22, 2010 preliminary injunction [PDF], which prevents enforcement of the Department of Interior's six month moratorium on exploratory drilling on only 33 "of the approximately 3,600 structures in the Gulf dedicated to offshore oil exploration and production."

The panel's two Reagan appointees, Judge Jerry E. Smith, joined by Judge W.Eugene Davis, ruled that the government had failed to demonstrate that it would be irreparably harmed if a decision on whether to vacate Judge Feldman's injunction was deferred until after the appeal was heard sometime around the end of August or early September. Judge James L. Dennis, a Clinton appointee, dissented, noting that he did not believe Secretary of Interior Ken Salazar had abused his discretion in ordering a moratorium, which, per the government's motion is limited to those drilling operations that apply "the same technologies employed by Transocean's Deepwater Horizon...only to waters over 500 feet deep..." Since, under the Administrative Procedures Act, a court cannot overturn an agency decision absent an abuse of discretion, Judge Dennis appears to have concluded that Judge Feldman erred in issuing the preliminary injunction.

Judge Dennis did have a question, however, about the six month length of the moratorium.

While yesterday's ruling does not mean that the panel will ultimately rule against the moratorium, the Justice Department and the attorneys representing a number of environmental organizations in the appeal face a daunting climb given Judge Smith's expression of the usual appellate court deference to the findings of the district court judge --- a climb up an oil slicked slope given the ties between the oil industry and the judges who will decide the moratorium's fate...

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

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By Ernest A. Canning on 4/16/2010 2:07pm PT  

Guest Blogged by Ernest A. Canning

"Yesterday, December 7, 1941 --- a date which will live in infamy."
- President Franklin D. Roosevelt

Amidst exploding bombs, smoke billowing from sinking battleships and dead bodies floating atop the oil slicked waters of Pearl Harbor, it was not all that difficult to appreciate the damage wrought by a surprise attack launched by the Empire of Japan. The same was true when we watched in horror as the smoldering twin towers of the World Trade Center precipitously collapsed on September 11, 2001.

Like these two earlier pivotal events, January 21, 2010 is, "a date which will live in infamy." Yet, unlike Pearl Harbor and 9/11, most Americans do not recognize it as such. This attack came not by way of planes or bombs delivered by some foreign menace. It came from within courtesy of what Professor Cass Sunstein aptly described as "radicals in robes" --- four directly connected to the Robert-Bork founded, billionaire-funded Federalist Society; all five as appointees of the Reagan and two Bush administrations. Men bent on unraveling the very constitution they had all solemnly sworn to uphold.

Their assault, though subtle, wrought far greater devastation than either Pearl Harbor or 9/11. They did not merely attack planes, ships and buildings. They assaulted the very foundations of our constitutional democracy...

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

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