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Erick Erickson's Global Warming Denialist Tantrum
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Siegelman Judge, Arrested For Beating His Wife, May Avoid Prosecution Altogether
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GOP Voter Registration Fraud Scandal 2012...
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The Secret Koch Brothers Tapes...


By Brad Friedman on 9/3/2013 6:05am PT  

Note 1: Pardon the herky-jerky Skype web cam video.

Note 2: The BRAD BLOG article about Eric Holder that I believe my friend Mike Papantonio cited during our conversation, was actually written by our legal analyst Ernest Canning. But, of course, I'm proud to stand behind it 100%! Just wanted to give credit where due.

Note 2a: There are several different issues currently in court between TX and the DoJ, and they get a bit conflated during my conversation with Pap. One issue is the filing by the DoJ asking the court to order that the state of Texas be added, or "bailed in", to the list of jurisdictions requiring federal preclearance for all new voting-related laws, given their history of purposeful discrimination with such laws. The current list of jurisdictions is now empty, since the U.S. Supreme Court killed the Voting Rights Act formula used to determine who should be on that list. The other TX/DoJ case we discuss is the DoJ's suit to block the TX GOP's disenfranchising polling place Photo ID restriction. That law, though it was found discriminatory in 2012 by both the DoJ and a federal court, was re-enacted by TX immediately after SCOTUS gutted the VRA. The DoJ, and other parties, are now suing to block it under the still-existing Section 2 of the VRA, as well as on Constitutional grounds. (We hope to have more details on the lawsuits against the TX GOP's polling place Photo ID restriction law soon. And, I'll add, our coverage should offer some pretty encouraging news for voting rights advocates who, unlike Ernest Canning, may not have dug into all the legal details and already-established facts of the case. --- UPDATE: That article is now here, and offers some very encouraging news indeed about the likelihood that the TX Photo ID law is already doomed in court!)

Note 3: Enjoy!

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PLUS: EFF's Trevor Timm on FISA Court and the U.S. Secrecy State...
By Brad Friedman on 8/28/2013 8:20pm PT  

What was the one, most important takeaway from today and Saturday's 50th Anniversary commemoration of MLK's "March on Washington for Jobs and Freedom"? The one issue that seemed to make it into the remarks of just about everyone who spoke?

That's what we discussed during the first part of today's KPFK/Pacifica Radio BradCast, along with sound clip highlights from some of the most notable speakers. (Hint: If you didn't hear the fiery remarks of Rep. John Lewis --- the youngest speaker at the original 1963 remarks --- on Saturday, you'll now get to hear them in full.)

In the second part of the show, we were joined by Trevor Timm of the Electronic Frontier Foundation (EFF) and the Freedom of the Press Foundation to discuss the release of the secret FISA Court's 2011 decision finding the government had misled the court multiple times, and collected the emails of tens of thousands of Americans not involved in terrorism in any way; and about the massive secrecy state we discussed in The BRAD BLOG's special investigative report this week.

Also, Desi Doyen joined us as usual with the latest Green News Report, the one with one of my favorite all-time endings! Enjoy!

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

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By Brad Friedman on 8/27/2013 7:26pm PT  

Warren Rojas at Roll Call reported some encouraging news yesterday.

Jason Thigpen, a rookie Republican candidate for the U.S. House in North Carolina, is swimming against the GOP tide. He is describing the state's new voter suppression law --- passed on party lines by a super-majority Republican legislature and signed by the state's new Republican Governor --- for what it is: a "turd" meant to keep legal voters (certain ones, the ones who tend to vote for Democrats) from casting their legal vote.

He's also been able to see through the GOP/Fox "News" smokescreen about the facts in regard to in-person impersonation polling place voter fraud, namely, that it is virtually non-existent.

We've called NC's new law the worst voter suppression law since the Jim Crow era. But Thigpen, described as a "political newcomer looking to unseat Rep. Walter B. Jones (R-NC)" in next year's primary, was even far more direct than that...

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

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50 years later, the message remains...And so does this man's sign!...
By Brad Friedman on 8/24/2013 2:42pm PT  

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By Brad Friedman on 8/23/2013 6:05am PT  

Yesterday, the U.S. Department of Justice sued the state of Texas under Section 2 of the Voting Rights Act. The complaint was filed in hopes of blocking the state's polling place Photo ID restriction law, newly re-enacted by TX Attorney General Greg Abbott just hours after the U.S. Supreme Court struck down the very heart of the VRA (the Section 4 formula used to determine jurisdictions covered by its Section 5 preclearance requirements for new voting laws) last June.

How did the TX AG respond to the DoJ suit?

Here is the very first line of Abbott's embarrassing website response to it posted yesterday...

AUSTIN --- “Just days after the U.S. Department of Justice arrested a Texas woman for illegally voting five times in the same election, the Obama administration is suing to stop Texas’ commonsense voter ID law. The U.S. Supreme Court has already ruled that voter ID laws do not suppress legal votes, but do help prevent illegal votes. Voter IDs have nothing to do with race and they are free to anyone who needs one.

Ya know what else "Voter IDs have nothing to do with"? The absentee ballot fraud committed by the woman cited by Greg Abbott above in the very first line of his response to the DoJ!

Here (courtesy of Ryan Reilly) is the very first page of the indictment against the woman cited by Abbott as a reason why the state needs their polling place Photo ID restriction law. [Red circle added for TX AGs who may have trouble reading their own legal filings]...

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

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Offer new opportunity for AG Holder to make good on promise to use 'every tool' at his disposal to fight discriminatory voting laws...
UPDATE: DoJ filed suit today, seeking to block TX Photo ID Law...
By Ernest A. Canning on 8/22/2013 12:54pm PT  

Last week, civil rights groups filed two lawsuits in a North Carolina U.S. District Court, seeking to block what Brad Friedman aptly described as "the most extreme anti-voter bill passed by any state since the Jim Crow Era."

The Tar Heel State has a sordid history of official discrimination, a history that includes 30 successful challenges to discriminatory voting laws under Section 2 of the Voting Rights Act (VRA) over the past 30 years. Until the recent Republican takeover of the state, NC had become somewhat more progressive in the area of election law, even allowing for same day registration and voting which is lacking in even most of the more progressive states in the union.

Then, everything changed. Republican Gov. Pat McCrory signed a sweeping new election "reform" bill. The breadth the new law is unprecedented. It targets "nearly every aspect of the voting process," according to one of the new lawsuits. Both complaints allege that the newly minted Voter Information Verification Act ("VIVA" aka HB 589) reflects nothing less than a deliberate, racially-motivated attempt to deprive African-Americans of their constitutionally guaranteed right to vote.

The two federal lawsuits are NAACP v. McCrory [PDF] and League of Women Voters v. North Carolina [PDF].

The League also filed a separate legal challenge in state court, Currie v. North Carolina [PDF]. The state case alleges that VIVA’s polling place Photo ID restrictions violate the NC Constitution, which treats voting as a "fundamental right." (A legal analysis of the state challenge will be covered in a subsequent article).

Earlier this Summer, when the U.S. Supreme Court carved out the very heart of the federal Voting Right Act with their 5 to 4 Shelby County v. Holder decision, they acknowledged that their ruling "in no way affects the permanent nationwide ban on racial discrimination." The controversial decision rejected the formula established by Congress in the VRA's Section 4, used to identify jurisdictions to be covered by the Act's Section 5 requirement for those covered jurisdictions to receive preclearance from the DoJ or a U.S. District Court before enacting any new election-related laws. The SCOTUS decision did not, however, eliminate the right of individuals, civil rights organizations, or the DoJ to file lawsuits seeking to block discriminatory laws under the VRA's Section 2, which bars discrimination in all 50 states.

Therefore, the new federal lawsuits filed in NC do not, and need not, challenge the Shelby County decision. Their factual allegations, however, suggest that Chief Justice John Roberts was in grave error when asserting, on behalf of the Court's right-wing majority, that "the conditions that originally justified [Section 5 preclearance] no longer characterize voting in covered jurisdictions"...

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

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By Brad Friedman on 8/8/2013 5:05pm PT  

From UC Irvine election law professor Rick Hasen's blog last night...

Only in America

Texas defends itself against claims it discriminated against minority voters by claiming it discriminated against Democrats (p. 19):

DOJ’s accusations of racial discrimination are baseless. In 2011, both houses of the Texas Legislature were controlled by large Republican majorities, and their redistricting decisions were designed to increase the Republican Party’s electoral prospects at the expense of the Democrats. It is perfectly constitutional for a Republican-controlled legislature to make partisan districting decisions, even if there are incidental effects on minority voters who support Democratic candidates.

Lovely, Texas.

Our own Ernie Canning covered the DoJ's recent federal court filing seeking to require preclearance for all new election laws in Texas, given their recent history of racial discrimination in election-related laws. The move by DoJ comes on the heels of the Supreme Court's June decision in Shelby County v. Holder which otherwise tossed out the list of racially discriminating jurisdictions (Texas had been one of them) previously covered by the Voting Rights Act's pre-clearance requirement.

Lyle Denniston at SCOTUSblog offers a very good summary of both the case and Texas' response filed this week.

Hasen characterizes the Texas response as an "overreach" in their attempt to hide behind the Shelby County decision. However, Hasen also cautions that the Texas argument "could well find a receptive audience at the Supreme Court." And, I should also mention, the final paragraph of Hasen's article is chilling.

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By Brad Friedman on 8/8/2013 6:05am PT  

I was joined on this week's KPFK/Pacifica Radio BradCast by Dan Froomkin, formerly of the Washington Post, where he worked for more than a decade before becoming Washington Bureau Chief for the Huffington Post before becoming the founder of the soon-to-be-launched Center for Accountability Journalism at FearlessMedia.org.

My first question to him: Why should anyone in the public, other than journalism industry insiders, actually care that Amazon founder Jeff Bezos bought the Washington Post this week?

His response to that question and others on the recent shameful history and hopeful future of journalism were much more optimistic than mine --- but, as I note during the show, I really need a break (which I hope to get somewhere in the mountains next week), so I may be a even more cynical this week than usual.

Speaking of cynicism, I also ranted a bit on the United States of Fear and Redaction, on CA Democratic Rep. Julia Brownley's vote to continue violating her constituents' and every American's civil liberties, and even found some time to offer some improbable kudos to WI Republican Rep. James Sensenbrenner for his support of the Voting Rights Act.

All that, a bit more, and even Desi Doyen with the latest Green News Report can be enjoyed in this week's BradCast.

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

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Wisconsin Republican becomes unlikely champion of voting rights, in direct contrast with his own party's shameful leadership...
By Brad Friedman on 8/5/2013 2:51pm PT  

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

Full Disclosure: The BRAD BLOG has not been shy in calling out Rep. James Sensenbrenner (R-WI) for some fairly outrageous stuff over the years.

Who can forget, for example, the time when, as Chairman of the U.S. House Judiciary Committee in 2005, he shut down the microphones and lights in the middle of an oversight hearing on the PATRIOT Act when he did not approve of the testimony offered by witnesses called by Democrats?

It was outrageous, it was inappropriate, and we reported it as such at the time, just as we did in 2011 when, in a bit of déjà vu, he similarly shut down a town hall event in WI after protesters there expressed outrage over the Republicans' radical anti-union law recently adopted in the state.

So it is with much sincerity and great appreciation that we "call him out" today, not for outrageous behavior, but for his outspoken and unwavering support for the Voting Rights Act of 1965, after the very heart of that landmark civil rights legislation has been violently carved out by a 5 to 4 U.S. Supreme Court ruling in June...

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

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But what it is ain't exactly clear...
By Brad Friedman on 8/1/2013 6:05am PT  

On this week's BradCast on KPFK/Pacifica Radio, I covered both the nation's most extreme voter suppression law in North Carolina (and the facts behind its passage) and the precedent setting verdict in the Bradley Manning case.

But at the heart of it all is something else --- a primal, patriot scream perhaps, as exemplified by the arrest of 83-year old Robert Plummer, Jr. at the state capitol in NC last week (Plummer is a Korean War hero who was also arrested on the Edmund Pettus Bridge with Martin Luther King on Bloody Sunday in Selma, AL during the 1965 march for voting rights, and by the arrests of 80- and 85-year old Joan and Tom Kemble for singing in the Wisconsin state capitol in the same dark week.

The Kembles joined me live on the show to talk about their arrests at the daily sing-along that has been going on every day since Gov. Scott Walker's radical anti-union bill was passed two years ago, and to sing a song or two before their next trip to the pokey for peacefully singing in protest to petition their government for redress of grievances. (Please help all of the WI arrestees pay their legal bills and fines at SolidaritySingAlong.org!)

As usual, there was much more, including Desi Doyen and the latest Green News Report, in between. I hope you'll give it a listen. I think you'll enjoy it.

Download MP3 or listen online below...

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U.S. Supreme Court gutting of Voting Rights Act paves way for radical new restrictions on democracy in Tar Heel State...
By Brad Friedman on 7/25/2013 11:49pm PT  

[This article now cross-published by Salon.]

Late Thursday night, the North Carolina state legislature approved a radical voter suppression bill on a party line vote. The measure, easily the most extreme anti-voter bill passed by any state since the Jim Crow Era, now heads to Republican Governor Pat McCrory for his signature. Court challenges, many of them, will most assuredly follow.

I discussed the Tar Heel State Republicans' horrendous voter suppression law as it moved through the state legislature earlier this week in an article focused on the public pushback against both it, and other radical laws being hurriedly enacted in the state while the Republicans hold veto-proof majorities in both chambers of the state house, as well as the Governorship there. It's the first time in 150 years that that has been the case, and the GOP is making all they can of it, voters be damned.

I also discussed the bill on this week's KPFK BradCast. But I want to highlight just how draconian this massive restriction on voting rights actually is in North Carolina, which, until the complete Republican takeover of the state government in 2012 (thanks to gerrymandering in 2010), had actually been a fairly progressive state by southeast standards, particularly in regard to voting laws.

In the wake of the U.S. Supreme Court's recent gutting of the important pre-clearance provision of the landmark Voting Rights Act --- the provision which had required states with histories of racial discrimination, like NC, to obtain federal approval before making any changes to voting laws --- NC and other states now "freed" from the yoke of not being able to discriminate, have been on a tear to pass discriminatory laws previously denied under the VRA.

NC has now done that in a way that no other state has yet even tried. They have, in essence, included in this bill every conceivable voter suppression tactic that has ever been dreamed up over the past decade by the Republican Party --- and then some.

UC Irvine election law professor Rick Hasen described the bill as "a nightmare for voting-rights advocates."

It includes draconian polling place Photo ID restrictions (despite any evidence of polling place impersonation in the state), shortens the early voting period and eliminates NC's very successful same-day voter registration program. "But," Hasen adds, "it’s also a laundry list of ways to make it harder for people to vote, and which cannot plausibly be justified on antifraud grounds."

Just take a look at the list of some of the other provisions including in this "nightmare" of an anti-democratic --- as well as anti-Democratic --- voter suppression bill...

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

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Surprise! Despite Republican and Fox 'News' claims of 900+ 'zombie voters', there were actually zero...
By Brad Friedman on 7/9/2013 11:41am PT  

At the beginning of 2012, the Executive Director of the South Carolina State Election Commission demolished the claim, put forward by the state's Republican Attorney General, that some 953 votes in the state had been cast in recent elections by "dead people".

They hadn't, of course, and the claim was little more than a transparent ruse to try and "stuff the ballot boxes" in support of polling place Photo ID restrictions meant to disenfranchise largely minority, poor, elderly and student (read: Democratic-leaning) voters.

Unsatisfied with actual facts and stuff at the time, state Republicans tasked the State's Law Enforcement Division (SLED) with investigating the matter and, what do you know --- despite claims happily aired by Fox "News" from every Republican in the state, from the Governor to the AG to the party apparatchik last year --- it turns out zombie voters are still not voting in SC, no matter how many times the pretend claims are investigated.

After an 18-month probe, just before last week's holiday, when few suckers, chumps, pawns, stooges, Republican Fox "News" viewers might notice, SLED quietly issued a report recommending no further action, and closed its investigation into the completely bogus claims after concluding none of the accusations were true --- as MSNBC's Al Sharpton was kind enough to highlight...


There once was a day when the Republican Party actually fought for legislation concerning actual, real things, right? I seem to recall such a day, though it seems so long ago now...

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By Brad Friedman on 7/3/2013 9:42pm PT  

"In my opinion, you don't need to hedge," Mark Rumold, attorney at the Electronic Frontier Foundation told me.

"There's no question in my mind", he said, that the surveillance programs revealed by former NSA contractor Edward Snowden include both illegalities and unconstitutionalities. They "violate the First and Fourth Amendment of the Constitution" and even "the plain terms of FISA [the Foreign Intelligence Surveillance Act], the law on which the authority is purportedly based, and...other federal statutes."

Rumold was my guest this week on the KPFK/Pacifica Radio BradCast where my hope was to strip away all of the nonsense "controversy" about Snowden and Guardian journalist Glenn Greenwald in order to focus on the actual disclosures, what we know about them, what we don't, and what we know about the lies told by the Administration about them (especially those by Director of National Intelligence James Clapper.)

Also, Rumold discussed the status of his EFF lawsuit attempting to force the secret Foreign Intelligence Surveillance Court (FISC) to release their 2011 finding on the illegalities/unconstitutionalities of one of the very few programs that they actually rejected.

If you are confused about any or all of that, today's show is a great primer on those key points and several more. The BRAD BLOG's legal analyst Ernie Canning described today's BradCast as "fascinating stuff." And though he may be somewhat biased, I --- who am completely objective on these things --- would tend to agree with him.

We also covered the breaking news out of Egypt, as President Mohammed Morsi was forced out of office in a military coup and Al Jazeera English was pulled off the air...live. We quickly discussed the outrageous secrecy of the Trans-Pacific Partnership (TPP), I had a few (more) very choice words for national embarrassment and professional hypocrite Justice Antonin Scalia, and Desi Doyen joined us, as usual, for the latest Green News Report and details on the next billion dollar natural disaster on its way...

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

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By Brad Friedman on 6/26/2013 9:14pm PT  

It was another news week from hell on today's KFPK/Pacifica Radio BradCast.

We covered today's Supreme Court rulings on Prop 8 and DOMA with Evan Wolfson, one of the architects of the national marriage equality strategy, from FreedomtoMarry.org.

I had a word or three to say about the Court gutting the Voting Rights Act this week.

I also offered a thought or two on NBC's David Gregory suggesting that journalist Glenn Greenwald "aided and abetted" NSA whistleblower Edward Snowden, and on the jackassery of national embarrassment Rep. Darrell Issa (R-CA) and the collapse of his pretend IRS "scandal". Desi Doyen joined me for the latest Green News Report update on President Obama's landmark climate speech this week.

And somehow we managed to fit in a few phone calls and a thought or two on Wendy Davis' stand in TX late last night and the state Republicans attempt to fraudulently pass a radical anti-abortion bill anyway. We got all of that into an incredibly fast moving single show, which follows for you below. Enjoy!

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

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Not first time there's been blatant fraud in the TX legislature...
By Brad Friedman on 6/26/2013 12:14am PT  

Extraordinary. Texas Republican legislators are now, officially, the champions of vote fraud.

After Democratic state Senator Wendy Davis' nearly 13 hour standing filibuster of SB5, a draconian abortion restriction bill supported by the state's Republican Gov. Rick Perry, Republicans decided to throw the rule of law out the window, and hold a roll call vote on the bill after midnight, when the special session was officially over, according to state law.

Nonetheless, Lt. Gov. David Dewhurst fraudulently announced that the bill, which had supposedly passed at 12:01am, had actually passed at 11:59pm the night before, when the state Senate would still have been legally in session. Making matters even worse, the Republicans then went back and changed the official TX Senate web page to reflect their blatant fraud.

Here's a screenshot from the TX Senate webpage BEFORE the fraud...

...And here's a screenshot AFTER the Republicans' attempt to defraud the people of Texas...

Amazing. More here.

According to some quick research by James Carter IV, however, it looks as though TX legislators may be playing with a felony according to the state penal code in their apparent attempt to "knowingly make a false entry in, or false alteration of, a governmental record".

It's hardly the first time there's been massive vote fraud inside the Texas Statehouse, even as the Republicans there have been attempting, for years, to enact draconian polling place Photo ID restrictions for everyone else, under the fraudulent guise of combating "voter fraud". Take a look at the video below, which we originally ran in 2007, showing blatant voter fraud by members of the TX legislature...

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

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