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Latest Featured Reports | Monday, December 22, 2014
'A Terrible Idea': E-Voting, E-Counting, 'Open Source' and Internet Voting
Computerphile's Tom Scott understands and explains what too many -- even most opponents of 'e-voting' -- don't fully appreciate...
'Green News Report' 12/18/14
  w/ Brad & Desi
Nothin' but good news for a change! - NY bans fracking!; Obama protects AK's Bristol Bay!; PLUS: More indictments for 'Freedom Industries' in WV toxic chemical spill!...
Previous GNRs: 12/16/14 - 12/11/14 - Archives...
Brad on Hartmann Radio: Wrapping Up a Few More Election 2014 Races
Yes, some of us are still paying attention.
Plus: A BRAD BLOG 'Programming Note'...
'Green News Report' 12/16/14
  w/ Brad & Desi
Congress wraps for year w/ GOP anti-enviro initiatives to be signed by Prez; UN summit wraps up in Peru - ALL nations are in for Paris; PLUS: Another Bush, another climate denier...
Previous GNRs: 12/11/14 - 12/9/14 - Archives...
Bloomberg Editors Refuse to Correct Inaccurate, Misleading Photo ID Editorial
Read the 'mind-boggling' responses to BRAD BLOG's emailed explanation of blatant errors and inaccuracies in Francis Barry's op-ed...
Proponents of Oregon GMO Measure 92 Concede Defeat
Adverse court ruling, barring inclusion of 4,600 rejected ballots, signals end of road (for now) of state's most expensive campaign, decided by just 800 votes out of 1.5 million cast...
'Green News Report' 12/11/14
  w/ Brad & Desi
GOP anti-enviro wish list in "Cromnibus" bill; Crunch time at UN climate talks; Calls for an end to fossil fuels; Australia goaded into action; PLUS: CEO indicted for WV chemical spill...
Previous GNRs: 12/9/14 - 12/4/14 - Archives...
The Clint Curtis Story, Ten Years Later: A KPFK 'BradCast' Special Edition
It's been 10 years since we broke the whistleblower's claim about vote-rigging software, Rep. Tom Feeney (R) and more. So it seemed a good time to catch up with him...
SOLVED: Mystery that Flipped Maine Senate Election!
21 'phantom ballots' flipped the results of a Nov. 4th state Senate election from D to R. But a dramatic turn of events and hand-counted paper ballots have now resolved the mystery...
'Green News Report' 12/9/14
  w/ Brad & Desi
Super Typhoon Hagupit blows 2014 into record books; Doesn't look good for KXL, if Obama on Colbert Report can be believed; PLUS: Rich v. Poor divisions stall UN climate talks...
Previous GNRs: 12/4/14 - 12/2/14 - Archives...
Bad News for Fox 'News' Viewers: 'Fox & Friends' Calls for Voter Literacy Tests
If they had to pass a test on American history and government, Fox 'News' viewers, as studies show, would be in big, big trouble...
Thousands of Ballots Excluded from Oregon's GMO Ballot Measure 'Recount'
Proponents charge interference by out-of-state corporate opponents, state's failure to count legal ballots due to 'signature problems'...
NC Repubs Trying to Run-Out Clock on Voter Suppression Lawsuit (Again)?
Plaintiffs charge state attempt to reschedule next summer's federal trial 'unsupportable', 'disingenuous'...
'Green News Report' 12/4/14
Biggest German utility spins off fossil fuel assets; Fossil fuel biz running scared? FL punishes homeowners for not polluting; PLUS: MSNBC's Big Coal infomercial...
House Judiciary Letter Suggests Impeachment for Wife-Beating Judge
Bi-partisan congressmen seek update from 11th Circuit Court, cite potential impeachment of Judge Mark Fuller...
'Green News Report' 12/2/14
New UN summit underway; Record rain, drought in CA; Global cost of falling oil prices; PLUS: Legacy of world's worst industrial disaster, 30 years later...
'Recount', Concerns in AZ U.S. House Race
Razor-thin computer-reported margin, failed paper-ballot tabulators, untallied provisionals, terrible 'recount' rules leave Barber-McSally contest in AZ-2 unsettled...
'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 seems'...
Mysterious Ballots Flip Maine Senate Recount Result From Democratic to Republican
21 'phantom' ballots appear out of nowhere in tiny Maine town, reverse results of very close state contest...
'Recount' for Oregon's GMO Ballot 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...
'Green News Report' 11/25/14
Cuomo blames meteorologists for his Buffalo storm fail; Canada protests another tar sands pipeline, lead's world in deforestation; PLUS: World Bank's dire warning...
No Indictment in Ferguson Shooting
A few thoughts on the St. Louis County Prosecutor's extraordinary spectacle and miscarriage of justice in the killing of Michael Brown...
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...


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

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

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

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

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

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

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

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

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

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

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By Brad Friedman on 10/15/2014 11:15pm PT  

Well, KPFK/Pacifica Radio is still on fund drive this week, but there is just too much going on to not do a new BradCast for my network affiliate stations and for you.

So, instead of live from the KPFK studios this week, we are once again "live" from BRAD BLOG World News Headquarters once again for this week's show. (If you heard last week's episode/primal scream, you'll be happy to know that the news this week is considerably more encouraging!)

Having trouble keeping up with the very latest on all of the on again/off again GOP voter suppression laws across the country just over two weeks before Election Day? Me too! So, if you missed any of our roller coaster coverage here at the blog, on all the fine messes over the past week or so, I try to get you all caught up on what you need to know about the latest in the court battles over the unconstitutional Republican Photo ID voting restrictions in Wisconsin, Arkansas and Texas...and on the one devastating appellate court opinion that might ultimately kill them all once and for all.

Buckle up (and please feel free to drop something in the BRAD BLOG Tip Jar while you're listening!)...

Download MP3 or listen online below...

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Appellate judges do not challenge lower court findings, but worry about 'confusion', SCOTUS precedent on late voting law changes
UPDATE: Plaintiffs file Emergency Application to Vacate the Appellate Court ruling with SCOTUS...
By Brad Friedman on 10/14/2014 7:21pm PT  

[This article now cross-published by Salon...]

This is not unexpected, though its still disturbing to those concerned about voting rights and the possibility that more than half a million legally registered voters in Texas may not be allowed to vote in this November's election.

A three judge panel on the 5th Circuit Court of Appeals has, for now, blocked the U.S. District Court's ruling last week in Texas, issued after a full trial on the merits of the law, which had struck down state Republicans' polling place Photo ID voting restriction after finding it deliberately discriminatory and a violation of the U.S. Constitution and federal Voting Rights Act.

Following Tuesday's order by the 5th Circuit [PDF] reversing the lower court ruling, for now, the plaintiffs challenging the state statute said, almost immediately, that they plan to file an emergency appeal with the U.S. Supreme Court to put the law back on hold before the November elections.

Voting rights proponents worry that, if the Court holds true to its recent rulings in voting rights cases in NC, in OH and, most recently, in WI, they are likely to allow TX' discriminatory law to stay in place this November, pending a full hearing on the merits at a later date.

There is, however, some important differences in the TX case than in those other three, which we'll explain in a moment.

Texas had appealed the initial 147-page ruling [PDF] by U.S. District Court Judge Nelva Gonazles Ramos, issued last week, which found that the Texas Photo ID voting statue, SB 14, "creates an unconstitutional burden on the right to vote, has an impermissible discriminatory effect against Hispanics and African-Americans, and was imposed with an unconstitutional discriminatory purpose." She also determined that the state requirement that voters produce one of a few very specific types of state-issued Photo ID when voting at the polling place amounted to an "unconstitutional poll tax", since all such ID requires at least some payment by voters...

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

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Judge Richard Posner: 'If the WI legislature says witches are a problem, shall WI courts be permitted to conduct witch trials?'...
By Brad Friedman on 10/11/2014 3:04pm PT  

[This article now cross-published by Salon...]

If you read just one top-to-bottom dismantling of every supposed premise in support of disenfranchising Photo ID voting restrictions laws in your lifetime, let it be this one [PDF]!

It is a dissent, released on Friday, written by Judge Richard Posner, the Reagan-appointed 7th Circuit Court of Appeals judge who was the one who approved the first such Photo ID law in the country (Indiana's) back in 2008, in the landmark Crawford v. Marion County case which went all the way to the Supreme Court, where Posner's ruling was affirmed.

If there was ever evidence that a jurist could change their mind upon review of additional subsequent evidence, this is it. If there was ever a concise and airtight case made against Photo ID laws and the threat they pose to our most basic right to vote, this is it. If there was ever a treatise revealing such laws for the blatantly partisan shell games that they are, this is it.

His dissent includes a devastating response to virtually every false and/or disingenuous rightwing argument/talking point ever put forth in support of Photo ID voting restrictions, describing them as "a mere fig leaf for efforts to disenfranchise voters likely to vote for the political party that does not control the state government."

Posner is, by far, the most widely cited legal scholar of the 20th century, according to The Journal of Legal Studies. His opinions are closely read by the Supreme Court, where the battle over the legality and Constitutionality of Photo ID voting laws will almost certainly wind up at some point in the not too distant future. That's just one of the reasons why this opinion is so important.

This opinion, written on behalf of five judges on the 7th Circuit, thoroughly disabuses such notions such as: these laws are meant to deal with a phantom voter fraud concern ("Out of 146 million registered voters, this is a ratio of one case of voter fraud for every 14.6 million eligible voters"); that evidence shows them to be little more than baldly partisan attempts to keep Democratic voters from voting ("conservative states try to make it difficult for people who are outside the mainstream...to vote"); that rightwing partisan outfits like True the Vote, which support such laws, present "evidence" of impersonation fraud that is "downright goofy, if not paranoid"; and the notion that even though there is virtually zero fraud that could even possibly be deterred by Photo ID restrictions, the fact that the public thinks there is, is a lousy reason to disenfranchise voters since there is no evidence that such laws actually increase public confidence in elections and, as new studies now reveal, such laws have indeed served to suppress turnout in states where they have been enacted.

There is far too much in it to appropriately encapsulate here for now. Ya just really need to take some time to read it in full. But it was written, largely, in response to the Appellate Court ruling last week by rightwing Judge Frank Easterbrook which contained one embarrassing falsehood and error after another, including the canards about Photo ID being required to board airplanes, open bank accounts, buy beer and guns, etc. We took apart just that one paragraph of Easterbrook's ruling last week here, but Posner takes apart his colleague's entire, error-riddled mess of a ruling in this response.

Amongst my favorite passages (and there are so many), this one [emphasis added]...

The panel is not troubled by the absence of evidence. It deems the supposed beneficial effect of photo ID requirements on public confidence in the electoral system "'a legislative fact'-a proposition about the state of the world," and asserts that "on matters of legislative fact, courts accept the findings of legislatures and judges of the lower courts must accept findings by the Supreme Court." In so saying, the panel conjures up a fact-free cocoon in which to lodge the federal judiciary. As there is no evidence that voter impersonation fraud is a problem, how can the fact that a legislature says it's a problem turn it into one? If the Wisconsin legislature says witches are a problem, shall Wisconsin courts be permitted to conduct witch trials? If the Supreme Court once thought that requiring photo identification increases public confidence in elections, and experience and academic study since shows that the Court was mistaken, do we do a favor to the Court-do we increase public confidence in elections-by making the mistake a premise of our decision? Pressed to its logical extreme the panel's interpretation of and deference to legislative facts would require upholding a photo ID voter law even if it were uncontested that the law eliminated no fraud but did depress turnout significantly.

And this one...

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.

And remember, once again, this is written by Richard Posner, the conservative Republican icon of a federal appellate court judge --- the judge who wrote the opinion on behalf of the 7th Circuit Court of Appeals approving of the first such Photo ID law in the country in 2008, the very case that rightwingers from Texas to Wisconsin now cite over and over (almost always incorrectly) in support of similar such laws --- now, clearly admitting that he got the entire thing wrong.

One last point (for now): Our legal analyst Ernie Canning, who (along with me) will undoubtedly have much more to say on this dissent in upcoming days, suggests we award The BRAD BLOG's almost-never-anymore-bestowed Intellectually Honest Conservative Award to Judge Posner. And so it shall be.

Now go read Posner's dissent...

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Texas Republicans' polling place Photo ID restriction law has been struck down by a federal U.S. District Court
UPDATE: 5th Circuit stays ruling...
By Brad Friedman on 10/9/2014 8:27pm PT  

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

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

The ruling that now permanently enjoins the Texas law, again, follows a long string of federal rulings striking down Photo ID voting restrictions in the state under Section 5 of the federal Voting Rights Act. In 2012, both the Dept. of Justice and a three-judge panel of federal judges found the law to be discriminatory under the Act, and that, based on data supplied by the state themselves, it would serve to disproportionately disenfranchise both poor and minority voters.

The very same law was once again implemented, however, by Lone Star State Republicans just after the U.S. Supreme Court gutted Section 5 of the VRA last year. The current challenge to the law was brought under Section 2 of the Act, as well as the U.S. Constitution itself. Judge Gonzales Ramos found that the discrimination found by previous bodies was plainly still present in the law...

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

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'Nation's worst voter suppression law' disenfranchised hundreds in state primary; Will have full trial on merits next summer...
By Brad Friedman on 10/8/2014 5:37pm PT  

Late on Wednesday afternoon, the U.S. Supreme Court reversed [PDF] the 4th Circuit Court of Appeals ruling that had blocked two elements of North Carolina's massive new voter suppression law. Justice Ruth Bader Ginsburg dissented in an opinion joined by Justice Sonia Sotomayor.

"The order isn't a permanent reversal," notes election law expert Justin Levitt, "it's a stay awaiting the disposition of a petition for certiorari, if one is filed. But it's enough to put the state's law back in effect this November."

"The nation's worst voter suppression law since the Jim Crow era," as we described the law when state Republicans enacted it within hours after SCOTUS had gutted a key portion of the Voting Rights Act, will now be in full effect for this year's November general election, despite having been shown to have disenfranchised hundreds of voters during the state's primary earlier this year. There was no debate or time allowed for public comment before the law --- which shortens early voting hours, ends same-day registration, implements disenfranchising polling place Photo ID restrictions (in 2016) and much more --- was passed by the GOP-majority in the NC legislature last year.

Barring a further hearing by the Court, their response to NC's emergency appeal reverses the 4th Circuit Court of Appeals' ruling that had restored both same-day registration and the counting of provisional ballots cast in the wrong precinct. All of the law's other provisions had already been approved for use this year by a George W. Bush-appointed U.S. District Court judge last month, pending a full trial on the merits of the law scheduled for next summer....

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Election law expert describes ruling in advance of SCOTUS decision as 'Horrendous'...
By Brad Friedman on 10/6/2014 7:59pm PT  

Let me say this up front, so you don't miss it this time: No, a Photo ID is not required to board an airplane. Period.

Last week, the ACLU filed an emergency appeal to the U.S. Supreme Court in hopes of having the 7th Circuit Court of Appeal's ruling --- which overturned a lower court's injunction on Wisconsin's new Photo ID voting restriction --- stayed in advance of next month's election.

Today (Monday) a rather remarkable new opinion was issued by the 7th Circuit which seems designed to serve as a last-minute assist to the Republican defendants in Wisconsin in their response to the ACLU appeal, as Justice Elena Kagan has required the state's response no later than 5pm on Tuesday. The ruling is littered with blatant falsehoods.

To recap very briefly, how we got to this point, and the astonishing claims in the 7th Circuit's opinion today: the GOP law requiring very specific types of state-issued Photo IDs for voting in Wisconsin was struck down earlier this year after it was found, by U.S. District Court Judge Lynn Adelman, to be both a violation of the U.S. Constitution and the federal Voting Rights Act. His thorough, 70-page ruling [PDF] found that some 300,000 legally registered voters in Wisconsin (nearly 10% of them) lacked the specific type of Photo ID that would now be needed vote under the new restriction. Adelman also determined that the law amounts to a "unique burden [which] disproportionately impacts Black and Latino voters" (who just happen to lean towards Democratic candidates), and that the new restriction on voting would "prevent more legitimate votes from being cast than fraudulent votes."

In mid-September, on appeal, a panel of three Republican-appointed judges on the 7th Circuit tossed out Adelman's permanent injunction with little comment. Amidst ensuing "electoral chaos", as election officials and voters in the state scrambled to make sense of the stunning last minute change to the law, just weeks before the mid-term election, the ACLU appealed for a rehearing before the full 7th Circuit. That hearing resulted in a deadlocked 5 to 5 vote by the judges (one seat on the court has been vacant since 2010), which meant that the partisan 3-judge panel's ruling, restoring the Photo ID restriction after it had been struck down by the lower court, now remains in place.

That brings us to the ACLU's emergency appeal to SCOTUS last week, and Monday's remarkable new opinion issued by the 7th Circuit at the last minute, clearly made to justify the original opinion issued last week which seems to have otherwise landed with a thud. (The court had attempted to compare a "need" to restore new voting restrictions at the last minute to the U.S. Supreme Court's stay placed on the overturning of same-sex marriage bans in several states last year. The dissenters called the court's legal theories "brazen", "shocking" and on its central thesis comparing the WI law to a 2008 landmark case in Indiana, "dead wrong.")

University of California-Irvine's election law professor Rick Hasen described the new opinion issued on Monday as "a nice assist from the 7th Circuit panel to the state of Wisconsin," just in time for the SCOTUS deadline.

In a more detailed follow-up item, however, Hasen, who is usually quite conservative when it comes to concerns about Photo ID voting restrictions, went somewhat ballistic. He uncharacteristically upbraided the 7th Circuit's newly issued ruling --- apparently written by the very rightwing Federalist Society member Judge Frank Easterbrook --- as "Horrendous".

"I rarely just rant in my blog posts," he tweeted, along with a link to his follow-up, "But Judge Easterbrook caused me to blow a gasket."

I know the feeling. I felt the exact same way while reading the new opinion today, particularly the part in which the court offers blatant --- and long-ago debunked --- falsehoods about where and when they claim Photo ID to be "essential", such as when boarding an airplane.

Trouble is, that is a blatant lie. A Photo ID is absolutely not required to board an airplane, no matter how many times proponents of these sorts of laws repeat the false claim. And it's simply remarkable that such a lie (and others akin to it) would be included in a last-minute opinion meant to justify an Appellate Court ruling that is about to be heard by the U.S. Supreme Court...

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

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Case is larger than Wisconsin, presenting a moment of truth for American democracy and at least two Justices on the high court...
By Ernest A. Canning on 10/2/2014 6:06pm PT  

On Thursday morning, the ACLU filed an Emergency Application to Vacate [PDF] with the U.S. Supreme Court to vacate a Sept. 14, 2014 stay of a U.S. District Court ruling that had, before the stay, permanently blocked enforcement of a Republican-enacted, Wisconsin photo ID voting law.

The civil rights organization argues that the emergency ruling is needed to prevent mass disenfranchisement and electoral chaos during the upcoming Nov. 4 election. It asks that the Court "leave that injunction in force pending the Seventh Circuit's issuance of a decision on the merits."

As the District Court judge had found, before his decision was overturned by a partisan ruling at the Appellate Court level, Wisconsin's attempted restriction on the voting rights of legally registered voters poses a real and present danger that some 10% of the Badger State's duly registered electorate will likely be prevented from voting in the rapidly approaching November 4 election.

The District Court's injunction had been stayed as a result of a deadlocked court, in which five bipartisan members of the ten-judge U.S. 7th Circuit Court of Appeal described in a Sept. 29 Opinion [PDF] as a "brazen" and "shocking" disregard of both precedent and the right of the minority to vote. That "shocking" position had been advanced by the attorneys representing Republican Gov. Scott Walker and first accepted by an all-GOP, three-judge panel that had issued an extraordinary, 11th hour decision to vacate the lower court's injunction.

The case now poses an enormous test for at least two key Justices on the high court. Will Chief Justice John Roberts and Justice Anthony Kennedy adhere to the very principles they signed on to when they joined the plurality opinion authored by former Justice John Paul Stevens in the landmark 2008 SCOTUS decision in Crawford v. Marion County Board of Elections? That case upheld Indiana's Photo ID law against a "facial" challenge solely because, in the words of the plurality opinion, there was no evidence before the court at the time to prove anyone would be disenfranchised or that their right to vote would be unduly burdened by the law.

In signing onto Steven's lead opinion, both Roberts and Kennedy agreed that election laws, including photo ID voting restrictions, are subject to the Anderson/Burdick test. That test mandates that courts, on a case-by-case basis, measure a law's potential damage to voters' right to vote against the specific claims made by the state as to why such additional burdens and restrictions are necessary. Given that the state has offered no legitimate reason for potentially disenfranchising as much as 10% of Wisconsin's lawfully registered voters, Roberts and Kennedy cannot refuse to lift the stay without a total abandonment of principle...

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

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 9/16/2014 3:47pm PT  


 

IN TODAY'S RADIO REPORT: Baby, it's hot outside: Hottest year on record in California, hottest August on record for the entire planet; Record hurricane hits Cabo San Lucas; Warm-water fish found in Gulf of Alaska; PLUS: The Green Mountain State goes even greener: Burlington, VT now, officially, 100% renewable ... All that and more in today's Green News Report!

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

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IN 'GREEN NEWS EXTRA' (see links below): Texas proposes rewriting school text books to deny manmade climate change; Severe black lung in coal miners returns to 1970s levels; Fracking production contaminated drinking water in Texas; Poultry firms systematically feed low-dose antibiotics to flocks; Climate change's 'evil twin' - mass extinction ... PLUS: Naomi Klein is right: unchecked, unregulated capitalism will destroy civilization ... and much, MUCH more! ...

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By Brad Friedman on 9/8/2014 5:06pm PT  

We've written about this problem for years here and, indeed, have spent no small part of those years repeatedly spanking papers like the New York Times for being amongst the worst repeated offenders.

Fairness is one thing. Balance, on the other hand --- particularly in cases of known, independently-verifiable, well-established facts on one side of an issue but not on the other --- is largely bullshit meant to do little more than level an unlevel playing field for bad guys. That's why Fox "News" loves the motto "Fair and Balanced", because it gives them an excuse to forward bullshit disguised as "balance", as if it was only fair to counter an established, well-supported (if not Right-leaning) view point. Never mind if that established view point has mountains of evidence and independently verifiable facts to support it. If those facts don't agree with ideological Republican dogma, they must be "biased" and "unbalanced".

"Reality has a well-known liberal bias," Stephen Colbert once famously quipped.

The New York Times has a long history of falling for, and forwarding in "the paper of record", false balance produced by those on the Right. Often, as was the case when The BRAD BLOG outed the James O'Keefe ACORN "Pimp" Hoax for being a complete fraud in 2010, the paper has sided simply with the word of Rightwingers, actual evidence-before-their-eyes be damned. Longtime readers will likely remember Greg Brock, the Times' Senior Editor for Standards(!), telling us that falsely reporting O'Keefe wore a "pimp costume" into ACORN offices (he never, ever did) was perfectly appropriate, because, as Brock explained to us in email at the time, "Our article included that description because Mr. O'Keefe himself explained how he was dressed --- and appeared on a live Fox show wearing what HE said was the same exact costume he wore to ACORN's offices."

"If there is a correction to be made," Brock incredibly added, "it seems it would start with Mr. O'Keefe himself. We believe him. Therefore there is nothing for us to correct."

After we took our complaint, and the independently verifiable facts to support them, to Clark Hoyt, the New York Times Public Editor at the time, he embarrassingly backed up Brock, despite the actual hard evidence that existed --- such as an independent investigative report from a former prosecutor and the videos themselves --- to the contrary. His remarkable defense of that egregious and damaging misreporting, repeated over a series of articles, earned Hoyt an infamous depiction as an actual "weasel" by cartoonist Tom Tomorrow. Eventually --- some six months later --- Hoyt admitted that both he and the paper were wrong, but not before the false reporting led to irreversible damage to ACORN, which had been long-vilified by the Right for little more than the crime of legally registering millions of largely low- and middle-income voters to participate in their own democracy.

So it's refreshing, finally, to see that the Times' current Public Editor, Margaret Sullivan, is not only not falling for the same old crap, she's actually attempting to hold the paper accountable for inappropriately advancing false balance on Rightwing stalking horse issues like pretend GOP claims about voter fraud and global warming denialism. And she's doing so repeatedly...

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GUEST: Charlie Grapski of PhotographyIsNotACrime.com...
By Brad Friedman on 8/27/2014 9:22pm PT  

Earlier this week I wrote about Charlie Grapski's attempt to get at the Ferguson and St. Louis County Police Department's documentation on Officer Darren Wilson's killing of Michael Brown via a long string of public records requests under the Missouri Sunshine Act law.

On this week's BradCast on KPFK/Pacifica Radio, I spoke with Grapski, who heads up PhotographyIsNotACrime.com's new Opens Records Project, concerning his tireless efforts to obtain the real Incident Report and other documentation of Brown's shooting from either department --- if such documentation actually exists, as is required by law.

Grapski explains that, based on some pretty solid evidence he's received in response to his open records requests to date, he believes "it's more likely than not" that an actual Incident Report of the event was created by the police, but that "they have withheld it." If so, that would amount to a criminal cover-up and a very serious violation of the law. Listen to my full conversation with him for much more.

Also this week, an update to our interview last week with Rep. Hank Johnson (D-GA) regarding his legislation to demilitarize the police: The President has announced a task force to review the Pentagon's 1033 program that has transferred billions in surplus arms and other military equipment to local police around the nation. We also covered the latest maddening news in the story of U.S. District Court Judge Mark Fuller --- who presided over the trial political prosecution of former AL Gov. Don Siegelman (D) --- as the George W. Bush lifetime appointee to the federal bench attempts to avoid his own prosecution all together after having been recently arrested on charges of beating his wife bloody in an Atlanta hotel room.

Plus: The latest on the GOP's Photo ID voting battle in WI; Rick Perry's latest "oops"; the newly published, secretly-recorded audio tapes revealing, once again, how the Republicans and the Koch Brothers now have a death-grip on democracy; and, as usual, the latest Green News Report with the lovely Desi Doyen, and a few other things.

Lots of news, muck-raking and trouble-making in just under 58 minutes. Please enjoy!...

Download MP3 or listen online below...

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By Brad Friedman on 8/22/2014 2:47pm PT  

[This article now cross-published by Salon, with a much better headline than mine...]

Speaking to business leaders in New Hampshire on Friday, where Texas' Republican Gov. Rick Perry believes he's running for President in 2016, he was asked about the two count felony indictment filed by a grand jury against him last week:

Perry was a little unclear when explaining what felony charges were issued against him.

"I've been indicted by that same body now for I think two counts, one of bribery, which I'm not a lawyer, so I don't really understand the details here," Perry said of the grand jury that indicted him.

A grand jury indicted Perry last week on two felony counts - abuse of official capacity and coercion of a public official - over a 2013 veto threat.

It's really not that complicated. The indictment was only two pages, and it's posted below. I'm not an attorney, and I couldn't tell you how strong the case against him is at this point. Some legal experts describe it as weak at best or otherwise questionably Constitutional, even as local TX reporters in paper after paper insist the charges are far more serious than how they are being portrayed by national media. But, without going into the specifics of the case, for now, even I can read a two-page indictment and see that it has nothing to do with "bribery".

Surely Perry knows that, even as he's pleaded "not guilty" to both counts, and has vehemently described the abuse of power charges filed by the grand jury under the auspices of a Republican judge and a special prosecutor who served under President George H.W. Bush, as a Democratic political hit job and an abuse of power in and of itself. (Apparently, he's going with the "I know you are, but what am I?!" defense there.)

So I wouldn't necessarily call Perry's comments in NH just another one of his "oops" moments, but it's certainly bizarre and, I guess, some kind of strategy to somehow belittle the serious charges against him in some way. 'They are so inconsequential and silly I couldn't even be bothered to tell all ya'll what they're about. Bribery? Assault? Murder? Who knows?! By the way, vote for me for President of the United States if ya'll don't mind!'

My prediction: Ricky Perry, if he stays out of jail, will be exactly as crappy of a GOP candidate for President in 2016 as he was in 2012 --- even though he now wears glasses most of the time.

The easy to read, two-page, two-count grand jury felony indictment filed against Gov. Rick Perry (R-TX) on 8/15/2014 follows in full below...

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GUEST: Ari Berman, live from North Carolina...
By Brad Friedman on 7/9/2014 10:44pm PT  

We had a very enlightening conversation with The Nation's Ari Berman, straight out of the courtroom in North Carolina, on today's KPFK/Pacifica Radio BradCast.

Ari is in NC covering this week's hearings in federal court challenging what we've described as "the nation's most restrictive voter suppression law", as enacted by state Republicans just days after the U.S. Supreme Court gutted the Voting Rights Act last summer.

This case --- and NC's law --- are really amazing. Most importantly, the results of this challenge, and the way the VRA must now be used to fight to protect voters from discriminatory laws, will be very important to similar challenges now pending across the country. In other words, this fight is important to NC, but it's arguably even more important to the entire nation.

Next up, we discussed the Rightwing stooge "reporter" Matthew Boyle, responsible for the fake 2012 story about a U.S. Senator and Dominican prostitutes, and my run-in with that same fake journalist back in 2011.

Then, Desi Doyen joins us for a few thoughts on Kentucky's genius climate change denying state Senator Brandon Smith and, as usual, for the latest Green News Report.

As a listener noted on Facebook tonight: "What a heavy duty broadcast today's was!", before adding: "It. Was. Awesome. And scary." Well, thanks! And you're welcome!

Download MP3 or listen online below [appx 58 mins]...

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By Brad Friedman on 7/9/2014 6:05am PT  

Via UC Irvine election law professor Rick Hasen...

Thanks to a reader for pointing out last week’s district court order [PDF] in the Texas voter id case. The court mostly denied Texas’s motion to dismiss, even allowing claims to go forward at this point on voter id as a poll tax and as a First Amendment violation. That’s not to say these will be winning claims, but it is significant that plaintiffs will get to advance a number of federal theories against the id law.

So there's some encouraging news to start your day.

For much more on the pending federal challenge to the TX Republicans' attempt to institute their disenfranchising polling place Photo ID restriction --- a law which had otherwise been repeatedly rejected as discriminatory by both the DoJ and federal courts until SCOTUS gutted the central protections of the Voting Rights Act last year --- see just some of our recent previous coverage here:

"Wisconsin Federal Court Decision Could Mark Beginning of End For GOP Photo ID Restrictions" (5/2/2014)

"Federal Judge Orders TX to Produce Legislative Docs That May Prove Polling Place Photo ID Restriction Law Was Racially-Motivated" (4/7/2014)

"Texas GOP's Polling Place Photo ID Law Almost Certain to Get Nixed. Again. Here's Why..." (9/4/2013)

"Texas AG Defrauds Texas in Response to DoJ Lawsuit Against Polling Place Photo ID Law" (8/23/2013)

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DoJ, ACLU, others seek to block sweeping GOP election reform under still-standing provisions of federal Voting Rights Act
Plaintiffs cite state's recent history of attempted discriminatory voting practices...
By Brad Friedman on 7/7/2014 12:07pm PT  

[This article now cross-published by Salon...]

The case against North Carolina's radical voter suppression law begins hearings today, as the U.S. Dept. of Justice, the ACLU, the League of Women Voters and other plaintiffs seek a preliminary injunction on the most sweeping and restrictive "election reform" bill in the nation.

After Republicans took over both the legislature and the Governor's office in the Tar Heel State for the first time since Reconstruction, they instituted what we described after passage of the law in 2013 as "the nation's most restrictive voter suppression law".

In addition to draconian polling place Photo ID restrictions (despite any evidence of in-person voter impersonation in the state), the legislation also shortens the early voting period; eliminates NC's very successful same-day voter registration program; eliminates pre-registration for 16- and 17-year olds; bars counting provisional ballots cast in the right county but wrong precinct; prohibits extending poll hours even for extraordinary circumstances such as long lines; allows any registered voter in a county to challenge the eligibility of anyone else to vote in the same county; and much more.

Virtually every anti-voting provision that has been passed or attempted to be passed by Republicans across the country was included in NC's legislation. After House Bill 589 --- known officially as the Voter Information Verification Act (VIVA) --- was originally adopted in July of 2013, then signed days later by Gov. Pat McCrory (R), we explained it to be "the whole ball of wax. Everything that a Republican desperate to stay in power by keeping legal (Democratic-leaning) voters from being able to cast their legal vote could ever want, short of a provision declaring outright that 'Non-Republican voters need not apply'."

As the hearings begin, the Winston-Salem Journal's coverage over the weekend drew a bead on just how transparently partisan this legislation is, as it ballooned from 16 to 57 pages just days after the U.S. Supreme Court gutted the federal Voting Rights Act, before the law was adopted by both the state House and Senate in just two days...

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