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Latest Featured Reports | Tuesday, July 7, 2015
Into the Holiday With a Bang: 'BradCast' 7/2/15
After an amazingly encouraging week or two, we head into the July 4th weekend with a whole bunch of stuff we've been trying to clear off our desk. Plus: Lots of breaking news and an encouraging ending for the weekend...
'Green News Report' 7/2/15
  w/ Brad & Desi
Alaska, Northwest on fire; Warming oceans linked to NC shark attacks; China, Brazil commit to emissions cuts; PLUS: Fracking companies can now be sued for earthquakes...
Previous GNRs: 6/30/15 - 6/25/15 - Archives...
Ann Who?
The long-overdue irrelevance of Ann Coulter. The former GOP Superstar (and voter fraud queen) just doesn't matter anymore...
Kochs' Chris Christie; Wingnut Marriage Meltdown; 'Most Important Climate Ruling':
'BradCast' 6/30/15
Guest: Michael B. Gerrard of Columbia's Sabin Center for Climate Change Law...
'Green News Report' 6/30/15
  w/ Brad & Desi
SCOTUS nixes mercury pollution rules; Christie jumps in, we tell you his position on climate; Coal plant cleaned up in Navajo Nation; PLUS: Solar plane's dangerous Pacific crossing...
Previous GNRs: 6/25/15 - 6/23/15 - Archives...
The Good, Bad and SCOTUS Ruling on AZ Redistricting: 'BradCast' 6/29/15
Former AZ state legislator Ted Downing; Plus: much more on latest SCOTUS rulings...
Sunday Toons: Flags & Fits
Both supremacy and Supremes are at issue in PDiddie's collection of the week's best (and most iconic) political toons...
'A More Perfect Union': 'BradCast' 6/26/15
An extraordinary end to an extraordinary week. Mike Rogers of Raw Story joins us to discuss the landmark SCOTUS ruling on marriage equality and how we got here...
MARRIAGE EQUALITY FOR ALL
The U.S. Supreme Court finally recognizes what The BRAD BLOG has for more than a decade. Because rights ultimately win and haters ultimately lose...
Scalia Lies (Again); And 2014's Last Election Contest: 'BradCast' 6/25/15
Dr. Laura Pressley, Austin City Council candidate, explains why she's challenging her 100% unverifiable 2014 election...
'Green News Report' 6/25/15
  w/ Brad & Desi
Jindal's in! Here's his weird climate position; Deadly heat in Pakistan; New studies see climate change as 'catastrophic' for health; PLUS: Landmark ruling in Netherlands...
Previous GNRs: 6/23/15 - 6/18/15 - Archives...
Vexillology! Why Flags Matter:
'BradCast' 6/24/15
Annie Platoff, flag expert from North American Vexillological Association explains it all for you! (Even flags on the moon!); Plus: Callers, Trump surge & more!...
TRUMP-MENTUM!
Republican's newest Frankenstein Monster and billionaire real estate developer surges into 2nd place in NH GOP Primary poll! Not to say 'we told ya so' or anything...
Sanders Destroyed Fed Chair in 2003
Years before the economy would collapse, then-Rep. Bernie Sanders unloaded on Alan Greenspan during a Congressional hearing. Years later, the Fed Chair admitted he was wrong...
Fox 'News', Bill O'Reilly and All Their Racist Viewers: 'BradCast' 6/23/15
Sean McElwee of Demos on his new study; More (positive) fallout from Charleston; (Some) Senate Dems help move TPP forward...
'Green News Report' 6/23/15
Repubs in bind after Papal encyclical on climate; Massive algae bloom shuts down West Coast fisheries; May 2015 hottest on record; PLUS: Goodbye, Eastern Cougar...
Race, Guns, Flags, Terrorism and the Right's Quickly Changing Politics of Denial: 'BradCast' 6/22/15
Historic GOP flip-flops and Fox's 'pathological denial' w/ Eric Boehlert of Media Matters...
Sunday Toons: Identity Crises Edition
This is now getting really strange. And 'PDiddie' has the week's collection of toons to prove it...
RW Domestic Terror in SC & Beyond; Big Govt GOP in TX; 'BradCast' 6/19/15
The 2009 DHS report Repubs hope you've forgotten; Plus: Adam Briggle of Frack Free Denton on GOP banning fracking bans and democracy in TX...
Sanders on 'Democratic Socialism'
'Bernie-mentum' begins to show itself in the polls as Sanders' message is heard on 'Late Night', beginning a challenge to nation's woeful 'democracy deficit'...
Evangelical Response to the Pope's Climate Encyclical: 'BradCast' 6/18/15
Rev. Mitchell C. Hescox, Repub CEO of Evangelical Environmental Network; PLUS: Latest on SC church massacre; Limbaugh's lie about the Pope...
'Green News Report' 6/18/15
The Pope's unprecedented call for climate action; RWers freak out about it; India goes solar in big way; PLUS: Trump's running, thinks global warming is a hoax...
GOP's World of Trump: 'BradCast' 6/17/15
Has Trump blown up the GOP primary? Is he more than just a joke? Is he the Frankenstein Monster created by 40 years of Reaganism and Fox 'News'? Callers weigh in on that, Bernie Sanders and more!...
RW Radio Rescues Limbaugh in Boston
More wingnut welfare and Heart-less abuse of our public airwaves for corporate profit as Premiere radio uses it's corporate-owned station to save the failing Rush...
The GOP's New 'Frankenstein's Monster': 'BradCast' 6/16/15
Heather Digby Parton on Trump as 'culmination of 30 years of American Dream propaganda' by the Right; Plus: 'Dickensian' Kansas; Politifact fail...
TRUMP: THE CANDIDATE
Sure, he's a clown and the latest into the 2016 GOP clown car. But 'misunderstimate' his candidacy at your peril...
'Pope Francis: The Encyclical' (The Movie)
The Pope kicks climate ass, takes climate names...
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...


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)...

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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!... ---

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GUESTS: Tyson Slocum of Public Citizen; 'DocDawg' of Daily Kos...
By Brad Friedman on 5/11/2015 3:31pm PT  

Today on The BradCast I spoke with Tyson Slocum,the Director of Public Citizen's energy program following the explosion and now oil spill into the Hudson River at the controversial Indian Point nuclear facility just 30 miles north of New York City and the 20 million people in harms way in the metropolitan area. What went wrong at the facility? Why is it still even in operation? And, oh, yeah, should we be worried still about what is happening at Fukushima while we're at it?

Then, I was joined by "DocDawg" of Daily Kos whose startling analysis published late last week, documenting an as-yet unexplained plummet in voter registration forms submitted via public assistance agencies in North Carolina since Gov. Pat McCrory (R) took office, has now lead to the threat of legal action by civil rights groups [PDF] who see a disturbing violation of the National Voter Registration Act (NVRA or "Motor Voter Act") of 1993. Someone has some explaining to do in the Tar Heel State where Republicans there have also enacted the most extreme voter suppression law since the Jim Crow era. You gotta check out this disturbing story!

Plus, some breaking news on the jackass George Zimmerman who was reportedly involved in yet another shooting today and a new report finding that the Baltimore City Jail turned away thousands of arrestees since 2012 after they were brought in by police but too injured to be admitted.

Download MP3 or listen online below...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 4/23/2015 1:36pm PT  


 

IN TODAY'S RADIO REPORT: After years of denial, Oklahoma finally admits fracking causes earthquakes; Fines and accountability for oil spills, coal waste spills, and deadly natural gas explosions; PLUS: Environmentalists push back at new Trans Pacific Partnership trade deal... 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): Oklahoma Lawmakers Vote To Outlaw Fracking Bans As Earthquakes In The State Spike; Video: "Dear Future Generations: Sorry"; Common pesticides hurting health of wild bees; Congress passes bipartisan energy efficiency bill; TV meteorologists increasingly accept climate science; Bad news in lionfish invasion; After 30 years, EPA tightens air pollution standards; CEOs to world leaders: Get off your asses and fix climate change... PLUS: 'Pipelines Blow Up And People Die... and much, MUCH more! ...

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

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No, North Carolina (and Texas and Tennessee and South Carolina) Photo ID voting restrictions are NOT the same as those 'in 34 other states'...
By Brad Friedman on 4/21/2015 9:35pm PT  

Recently, North Carolina opinion columnist and NC Insider editor Patrick Gannon misinformed readers of the Asheville Citizen-Times by telling them that the anti-voting law passed by Republicans after they took over the statehouse in 2013 --- a law which we (and others) have described as "the nation's worst voter suppression law since the Jim Crow era" --- isn't actually so bad.

"In many ways," apologist Gannon writes, the bill simply "put North Carolina more on par with other states."

He argues, as if it's a good thing, that while NC "once had among the least restrictive --- or more voter-friendly --- sets of election laws...That is no longer true." So, less "voter-friendly" is just fine by him, it seems.

Gannon offers justification for each of the key restrictions that now hamstring NC's once rather progressive and, yes, voter-friendly election laws, by arguing that the GOP's changes do little more than put the state back in line with voting laws in other states "including Texas and South Carolina." Again, as if that's a good thing.

But a Citizen-Times letter writer, in response, offers a key clarification to one of the most egregious bits of misinformation offered by Gannon --- one frequently parroted by Rightwing vote suppressors --- that the Photo ID restrictions passed as part of NC's new law are just like provisions for Voter IDs in "34 states that have passed voter identification requirements."

That, as letter writer Mike Burns accurately (if more politely) explains, is complete bullshit...

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

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Decision means Constitutionality of 'discriminatory' voting laws unlikely to be determined by Supremes before 2016 Presidential elections...
By Brad Friedman on 3/23/2015 2:36pm PT  

A few weeks ago, our legal analyst Ernie Canning warned how the U.S. Supreme Court's pending decision on whether or not to hear the ACLU's challenge to the Wisconsin GOP Photo ID voting law might be the last chance before the 2016 Presidential elections to determine the Constitutionality of such laws.

On Monday, the Supreme Court decided not to grant cert in the WI challenge in the Frank v. Walker case. The decision is not a ruling on the merits of the case or the Constitutionality of the law. It simply means that, for now, there were not four votes on the Court to hear the ACLU's challenge at this time.

It also means that, barring further court action or a quick decision on a similar law out of another state, polling place Photo ID restrictions on voters will be allowed in the Badger State in 2016. That, despite the fact that the federal trial court found, when striking down the law as unconstitutional and a violation of Section 2 of the Voting Rights Act last year, that the new Republican-enacted law may serve to bar some 300,000 disproportionately Democratic-leaning and already lawfully registered voters from casting a ballot in the state's Presidential election.

There is also more than a bit of irony in this matter, in that, after U.S. District Court Judge Lynn Adelman soundly rejected the law in 2014 --- finding that "evidence adduced at trial demonstrates" WI's Act 23 "disproportionately impacts Black and Latino voters" and that the law would "prevent more legitimate votes from being cast than fraudulent votes" --- the 7th Circuit Court of Appeals deadlocked (disingenously) 5 to 5 on whether to stay the original ruling. That deadlock meant the stay would be granted and the WI law would be allowed, barring further court challenges, despite the fact that 6 federal judges had voted to strike down the law, while just 5 had voted in its favor. To make matters worse, Act 23 had also been struck down previously in state court as a violation of the state constitution as well. Nonetheless, in this matter, a minority of judges successfully ruled against the majority.

All of that, despite a blistering dissent filed in last year's 7th Circuit Court WI decision by against the law (and all such laws) from revered conservative 7th Court of Appeals Judge Richard Posner. Posner's original ruling in favor of a Photo ID restriction law in Crawford v. Marion County, Indiana, was the basis of the first such case to be heard by the U.S. Supreme Court, upholding Indiana's Photo ID law in 2008. So his unambiguous reversal on the issue, now that we know much more about such laws, was noteworthy and, opponents of the law had hoped, convincing to the Supremes who have, for many years, favorably cited the legal scholar's opinions.

Though the 7th Circuit's decision to temporarily stay the original ruling striking down the law was later vacated by the U.S. Supreme Court last year --- on the basis that the stay was made too close to the election --- the discriminatory law is now back in place in the state. The refusal by the Court to grant cert this weeks means that it will likely remain in place as the next Presidential election begins.

Some watching these matters closely, however, believe that Monday's decision by SCOTUS to not hear the Wisconsin case may ultimately be a good thing, perhaps "a blessing in disguise"...

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

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Court's decision on whether to hear a challenge to the Wisconsin GOP's 'unconstitutional' voting restriction is a moment of truth for democracy...
By Ernest A. Canning on 3/6/2015 2:03pm PT  

As we find ourselves smack dab on the 50th anniversary of the Bloody Sunday march for voting rights in Selma, Alabama, there are some key decisions from the U.S. Supreme Court, coming very soon, which may well determine whether millions of otherwise lawfully registered and disproportionately Democratic-leaning African-American and Hispanic voters will be prevented from voting in the 2016 elections.

The decision that emerges from the Supreme Court's March 20, 2015 Conference in the Wisconsin polling place photo ID case, Frank v. Walker, could well be dispositive in that regard. It also may be the last chance to avoid the legal chaos that plagued the 2014 elections, during which similar voting restrictions, in state-after-state, were implemented, struck down, restored, or, with respect to Wisconsin, blocked again. Where, last year, the Court's eleventh hour decisions preserved the right to vote in Wisconsin, that same Supreme Court, on the eve of the 2014 mid-term, eliminated the right to vote for hundreds of thousands of predominantly African-American and Hispanic voters in Texas and North Carolina. The failure of the Supreme Court to take up the issue now could produce an even darker cloud of doubt over the integrity and legitimacy of the 2016 Presidential Election.

The immediate issue now before the Court is not whether SCOTUS agrees with a U.S. District Court judge and half the judges on the 7th Circuit Court of Appeal that WI's law (aka Act 23) is both unconstitutional and violative of Section 2 of the Voting Rights Act. As those judge found, Act 23, if implemented in the Badger State, could disenfranchise more than 300,000 lawfully registered Wisconsin voters.

Rather, the immediate issue at the March 20 Conference is whether the Supremes will grant an ACLU petition for a writ of certiorari (aka "cert petition") and schedule oral arguments on the Constitutionality of the Republican-enacted law. Or whether, as urged by the attorneys representing WI's Republican Governor Scott Walker, the Court will defer its decision until similar legal challenges to strict photo ID laws in other states, such as North Carolina and Texas, wind their way through the trial and appellate courts.

In other words, do they hear the Wisconsin case now, as urged by the ACLU and other voting rights advocates? Or do they wait to combine the matter with several other challenges to substantively identical voting restrictions implemented by Republicans in other states, as urged by one of the men who stands to benefit from delaying such a decision as long as possible?

That decision whether to hear the case now, rather than later, may well have a huge impact on who will serve as the next President of the United States...

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

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With Brad Friedman & Desi Doyen...
OUR 6TH ANNIVERSARY EDITION!
By Desi Doyen on 2/24/2015 4:18pm PT  


 

IN TODAY'S RADIO REPORT: VETOED: Obama nixes Keystone XL pipeline bill; EXPOSED: prominent climate denier researcher funded by fossil fuel industry; BUSTED: Duke Energy clipped by the Feds; Sorry, deniers: Climate change is not caused by the sun; PLUS: It's GNR's 6th Anniversary!.... All that and more in today's Green News Report!

It's our 6th anniversary! THANK YOU for sharing it with us! Please help us to continue to connect the climate change dots over your public airwaves!!!
PLEASE CLICK HERE TO DONATE!

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IN 'GREEN NEWS EXTRA' (see links below): Obama is right: climate change kills more people than terrorism; New U.S. heat records outnumber new cold records; Solar energy now unstoppable force; White House proposes first-ever Arctic oil drill rules; Roll up those windows: traffic pollution is killing you; Bjorn Lomborg: we must pollute the world's poor with coal pollution; Marines graduate into solar industry... PLUS: The true impact of not recycling your old electronics... and much, MUCH more! ...

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By Brad Friedman on 2/11/2015 11:59am PT  

Via the The News & Observer...

CHAPEL HILL --- The father of two of three students shot to death in Chapel Hill on Tuesday says the shooting was a "hate crime" based on the Muslim identity of the victims.

Chapel Hill police said Wednesday morning that a dispute about parking in the neighborhood of rented condominiums near Meadowmont may have led Craig Stephen Hicks to shoot his neighbors, Deah Shaddy Barakat, 23, and his wife Yusor Mohammad Abu-Salha, 21, and Abu-Salha's sister, Razan Mohammad Abu-Salha, 19, of Raleigh.

But the women's father, Dr. Mohammad Abu-Salha, who has a psychiatry practice in Clayton, said regardless of the precise trigger Tuesday night, Hicks' underlying animosity toward Barakat and Abu-Salha was based on their religion and culture. Abu-Salha said police told him Hicks shot the three inside their apartment.

"It was execution style, a bullet in every head," Abu-Salha said Wednesday morning. "This was not a dispute over a parking space; this was a hate crime. This man had picked on my daughter and her husband a couple of times before, and he talked with them with his gun in his belt. And they were uncomfortable with him, but they did not know he would go this far."

Abu-Salha said his daughter who lived next door to Hicks wore a Muslim head scarf and told her family a week ago that she had "a hateful neighbor."

"Honest to God, she said, 'He hates us for what we are and how we look,'" he said.
...
Police charged Hicks with three counts of first-degree murder.

"Our preliminary investigation indicates that the crime was motivated by an ongoing neighbor dispute over parking," said police spokesman Lt. Joshua Mecimore. "Hicks is cooperating with investigators."

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By Ernest A. Canning on 1/5/2015 7:05am PT  

- with Brad Friedman

[An earlier version of this article was originally published by Truthout...]

Both election integrity advocates and dissembling GOP proponents of Photo ID voting restrictions were taken by surprise in late 2013 when 7th Circuit Court Judge Richard A. Posner said, during an interview with HuffPo Live, that the landmark 2008 Supreme Court decision on the matter "would have been decided differently" if the Court had known then "about the abuse of voter identification laws."

That, in and of itself, was a remarkable turn of events. What was ultimately to come was even more so.

Crawford v. Marion County Election Board is the case which Republican proponents of strict Photo ID voting laws now (incorrectly and often disingenuously) cite as giving them carte blanche to enact similar laws in other states, irrespective of the extent to which photo ID laws serve to disenfranchise demographic groups --- minorities, students, the poor, women --- that all tend to vote for Democrats.

Posner is not just any judge. He is a renowned legal scholar and Reagan appointee to the federal bench, who has served on the U.S. 7th Circuit Court of Appeal since 1981. More importantly here, Posner was the author of the 7th Circuit's opinion in Crawford. In that case, Posner rejected an allegation that Indiana's polling place photo ID restriction was unconstitutional. That decision was affirmed at the time by the U.S. Supreme Court.

Posner, who is, as Yale Law Professor Fred Shapiro notes, the most cited jurist of the 20th Century, was not alone in his view in 2013 year that Crawford "would have been decided differently" if the Court knew then what it knows now.

Former Supreme Court Justice John Paul Stevens, the author of the plurality opinion in Crawford --- an opinion that was joined by Chief Justice Roberts and Justice Kennedy --- told the Wall Street Journal following Posner's remarks at the time, that he "always thought that [dissenting Justice] David Souter got the thing correct, but my own problem with the case was that I didn't think the record [before the Court in 2008] supported everything he said in his opinion." Souter would have struck down the Indiana law as unconstitutional because, as he argued at the time, it "threatens to impose nontrivial burdens" upon the right to vote.

Joined by four other 7th Circuit jurists last October, Posner penned an extraordinarily powerful and compelling dissent [PDF] in Wisconsin's photo ID voting case. The previously missing evidence is now in, as the judge meticulously detailed in the opinion. GOP claims that photo ID restrictions are needed to combat "voter fraud", he wrote, are "a mere fig leaf for efforts to disenfranchise voters likely to vote for the political party that does not control the state government"...

There is only one motivation for imposing burdens on voting that are ostensibly designed to discourage voter-impersonation fraud, if there is no actual danger of such fraud, and that is to discourage voting by persons likely to vote against the party responsible for imposing the burdens.

Posner's carefully crafted dissent does more than establish why the U.S. Supreme Court should ultimately sustain the District Court's finding that Wisconsin's photo ID law is both unconstitutional and a violation of the Voting Rights Act --- a finding later echoed by a federal District Court in Texas as well. Posner's dissent obliterates the factual premise that had served as a pillar upon which his, and subsequently the Supreme Court's, decisions in Crawford were based.

Polling place photo ID laws do not promote voter confidence in the integrity of elections, as Posner and the Crawford Supreme Court plurality had erroneously assumed. The assertion that they do was a "mistake" --- Posner's mistake! --- and he now admits as much, with the support of devastating new data from recent studies to back him up.

His powerful dissent amounts to more than just a response to the Wisconsin GOP's new Photo ID voting law. It is an elegant plea that the U.S. Supreme Court finally right a grievous wrong that he was personally responsible for. Posner presents an astonishing, air-tight case for ruling that all "strict Photo ID laws," which, as he demonstrates, have only been enacted in states sporting GOP-controlled legislatures, must now be struck-down as unconstitutional...

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

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Mind-boggling response to BRAD BLOG: 'No correction warranted'...
By Brad Friedman on 12/15/2014 2:19pm PT  

A few weeks ago, Francis Barry, whose bio identifies him as having "previously served as Director of Public Affairs and Chief Speechwriter for New York City Mayor Michael R. Bloomberg," had a piece published by Bloomberg View (the op-ed arm of the Bloomberg News outlet), portending to examine whether Photo ID voting laws had an adverse effect on turnout this year.

Specifically, as the very first paragraph of his piece explained, Barry claims to have been looking at whether "voter identification laws suppress turnout" since, as he opined in the same graf, "Liberals" argue "not all citizens have the type of ID that many states now require at the polls."

The piece, headlined "Quit Blaming Low Turnout on Voter ID", went out of its way to make the case that such laws had nothing to do with turnout this year, as some states with such laws even saw higher turnout than others without them. While one could attempt to make such an argument, in this case, unfortunately, Barry used extraordinarily deceptive data and moving goal posts in order to do so, as detailed in the emails (posted below) between me, him and one of his editors.

The main trick he employed was an apples to oranges comparison of turnout rates in "21 states that had a competitive gubernatorial or Senate race", where, he misleadingly claimed, "Fourteen of the 21 states had a voter ID requirement in place, while seven didn't".

But here's the thing. Barry deceptively swapped the type of very specific Photo ID laws cited in his first paragraph, with very non-restrictive ID laws that are in use without objection in many states.

When I explained all of this in detail to him and his editors via email (all posted below), the response I received back was, as I noted, "mind-boggling, to be frank"...

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

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State Republicans' attempt to delay next summer's trial described as 'unsupportable', 'disingenuous'...
UPDATE: Court Denies Motion to Delay Trial...
By Ernest A. Canning on 12/5/2014 2:03pm PT  

North Carolina Republicans are now seeking to delay the full federal trial challenging their massive election reform law, which has been described as the worst-in-the-nation and as a "monster" voter suppression law.

The tactic threatens to, once again, undermine any ruling by the court, should it be made too close to the state's 2016 elections. The trial in the case had previously been set, according to a timetable established in federal court in December of 2013, to take place during the July 2015 trial calendar. State Republicans, however, now argue that a separate state court challenge to one section of its massive voter suppression law, scheduled during the same period next summer, will "severely prejudice" their ability to defend themselves in the federal case which follows it.

Plaintiffs argue in response that the move is "another step in Defendants continued attempts to delay the ultimate resolution of this action."

The attempt to re-schedule comes from the same North Carolina Republicans who, this past October, successfully persuaded the U.S. Supreme Court to stay an appellate court order restoring a number of voter registration and voting provisions that were blocked by the state GOP's law, simply because the court order restoring those voting rights was issued too close to the Nov. 4, 2014 election.

The state's argument at the time was that "Court orders affecting elections...can themselves result in voter confusion and consequent incentive to remain away from the polls. As an election draws closer, that risk will increase."

The trial which the state is now attempting to stall is in response to the same federal lawsuit involving legal challenges to the state's Voter Information Verification Act ("VIVA"). This site, and many others, described the legislation as the "nation's worst voter suppression law since the Jim Crow era," when state Republicans enacted the extraordinarily wide-reaching restrictions on voting and registration in NC within days of the U.S. Supreme Court gutting a key portion of the Voting Rights Act in the summer of 2013...

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

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By Brad Friedman on 11/12/2014 6:35pm PT  

On this week's KPFK/Pacifica Radio BradCast I was joined by investigate journalist and author Greg Palast to discuss his disturbing report on the GOP's secret "Interstate Crosscheck" database and the hundreds of thousands of voters it may have knocked off the rolls this year.

PLUS: A flashback to my interview with then 25-year old paralyzed Iraq War veteran turned anti-war activist Tomas Young at "Camp Casey" in Crawford, TX in August of 2005. It was Young's first national interview proceeding his story being told on CBS 60 Minutes in 2006 and in Phil Donahue and Ellen Spiro's documentary Body of War in 2007. During the interview, Young (who had driven 13 hours from Kansas City on his honeymoon, despite unceasing pain) describes the tragic story of how he was wounded during a rescue mission in an unarmored truck in Sadr City; how and when he turned against Bush's war; we joke about BBQ in Missouri and more; and then hatch a (successful) plot to bring his story to national attention.

After years of demanding accountability for the Bush/Cheney Administration war criminals, Young died earlier this week just before Veterans' Day and just weeks shy of his 35th birthday.

Download MP3 or listen online below...

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By Brad Friedman on 11/7/2014 6:02am PT  

It's been happening for years now. On the day after elections like last Tuesday's, media figures begin navel gazing to figure out how pre-election polls, created by dozens of independent pollsters using dozens of different methodologies, could all find the same thing but turn out to be so wrong once the election results are in.

The presumption is that the results are always right, and if they don't match the pre-election polling, its the polling that must be wrong, as opposed to the election results.

On Wednesday morning, after Tuesday's mid-term election surprise in which Republicans reportedly won handily in race after race despite pre-election polls almost unanimously predicting much closer races or outright Democratic victories, FiveThirtyEight statistics guru Nate Silver declared "The Polls Were Skewed Toward Democrats".

His analysis of aggregated averages from dozens of different pollsters and polls this year found that the performance of Democrats was overestimated by approximately 4 percentage points in Senate races and 3.4 points in gubernatorial contests. Silver's assessment relies on a "simple average of all polls released in the final three weeks of the campaign," as compared to the (unofficial and almost entirely unverified) election results reported on Tuesday night. He doesn't suggest there was anything nefarious in the polling bias towards Dems this year, simply that the pollsters got it wrong for a number of speculative reasons.

Citing the fact that nearly all of the polls suggested Democrats would do much better than they ultimately did, when compared to the reported election results, Silver asserts it wasn't that the polls were more wrong that usual, per se, but that almost all of them were wrong in a way that appears to have overestimated Democratic performance on Election Day.

"This year's polls were not especially inaccurate," he explains. "Between gubernatorial and Senate races, the average poll missed the final result by an average of about 5 percentage points --- well in line with the recent average. The problem is that almost all of the misses were in the same direction."

Silver is much smarter than I when it comes to numbers; I'm happy to presume he has the basic math right. But he seems to have a blind spot in his presumption that the pre-election polls were wrong and the election results were right. That, despite the lack of verification of virtually any of the results from Tuesday night, despite myriad and widespread if almost completely ignored problems and failures at polls across the country that day, and despite systematic voter suppression and dirty tricks that almost certainly resulted in election results (verified or otherwise) that were skewed toward Republicans...

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

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By Brad Friedman on 11/5/2014 1:39pm PT  

It was a very long night here last night (just scroll down the marquee at right to get an idea), and now I'm scrambling to try and make enough sense of things to coherently put together today's BradCast on KPFK/Pacifica Radio. Wish me luck.

So, for the moment, I just want to re-re-re-remind that, historically, many problems from Election Day and, more specifically, in the tabulation of results, don't come to light until the days (or even longer) after Election Day. I'm already getting buried with various tips about various problems that folks had voting yesterday and, perhaps more disturbingly, issues and failures at the polls themselves. Trying to look through as much as I can, confirm what I can, debunk what I can and/or and make sense of it for you as best as possible.

For now then, I'll just drop this fun paragraph from a poster at Slashdot, as it points to a few issues we've covered over the past 24 hours, as well as a few that we have not...

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

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Round-up of reported election failures, so far, in CT, NC, GA, TX, AL...
By Brad Friedman on 11/4/2014 3:58pm PT  

Zach Roth and Trymaine Lee of MSNBC highlight a number of the problems at the polls being reported so far in various states today.

"Voters in Connecticut, North Carolina, Georgia, Texas, Alabama and other states all encountered potentially serious problems casting ballots as Americans went to the polls Tuesday," they report. "The issues included malfunctioning machines that caused long lines, problems with statewide voter registration systems, missing voter lists, and delays processing voter registration applications. Meanwhile, voter ID laws and other strict voting measures kept others from even attempting to make it to the polls."

Here are the key portions of their problem reports from each of those states...

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

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