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As 11th Circuit recommends potential removal by Congress, U.S. District Court judge resigns 10 months after arrest on battery charges, continues to receive tens of thousands from taxpayers...
By Brad Friedman on 6/1/2015 2:32pm PT  

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

Over the weekend, the news broke that U.S. District Court Judge Mark E. Fuller (Middle District of Alabama), who was arrested almost one year ago after allegedly beating his wife bloody in an Atlanta hotel room, has finally submitted his resignation from the federal bench to President Obama. Previously, through his attorneys, Fuller had strenuously refused to step down, declared his innocence, and insisted that a 5-judge Special Committee convened by the 11th Circuit U.S. Court of Appeals to investigate the matter would eventually clear him of wrongdoing.

It appears instead that the panel has found "grounds for impeachment" instead. That finding has been "unanimously adopted" by the Circuit's full Judicial Council which is sending its report and recommendations to the U.S. Judicial Conference. That body, in turn, may then decide whether to recommend the U.S. Congress take up such rare proceedings. Without a federal judge voluntarily stepping down, impeachment by Congress is the only way to remove a sitting federal appointee to the bench.

Fuller, who would not otherwise be eligible to draw retirement pension for another three years, will continue to draw a salary from taxpayers for two more months --- just as he has for the last 10 months --- despite having had his caseload reassigned to other judges in the immediate aftermath of his arrest a the Ritz-Carlton hotel in Atlanta in early August of 2014.

"Justice was not served here," said Rep. Terri Sewell (D-AL) in a statement over the weekend in response to the news of Fuller's resignation. Alabama's only Democratic Congressmember had long been calling for impeachment proceedings.

"Fuller failed to uphold our most fundamental values," she said. "Perhaps the only consolation is that he has chosen to spare his family and our nation of the expense of a drawn out impeachment process." The rest of the state's Congressional contingent, including its two Republican U.S. Senators who had originally supported Fuller's appointment in 2002, had also called for him to step down. Many offered statements approving of his decision over the weekend to finally step down.

Despite the tendered resignation, however, impeachment proceedings could still legally be carried out in the U.S. House, though the likelihood of that may now somewhat diminished.

We have covered Fuller, who was appointed to his lifetime position on the court in 2002 by George W. Bush, in great detail since news of his arrest became public. (See links to many of our noteworthy articles in the saga at the bottom of this piece.) Prior to his arrest, Fuller was perhaps best known for having sentenced Alabama's former Gov. Don Siegelman (D) to some seven years in federal prison on questionable "bribery" related charges. That, despite the Judge's own long-apparent conflicts of interest in the case. Before being named to the court, Fuller served as a political operative as the head of the Alabama GOP and his office, when he served as a state prosecutor, had been investigated and criticized for improprieties by the former Governor long before Fuller oversaw Siegelman's trial...

Following his arrest, Fuller was able to strike a plea deal for a pretrial diversion program with the state court in Georgia in order to have his criminal record entirely expunged after just 24 weeks of once-a-week domestic abuse counseling and a court-ordered drug and alcohol evaluation. He was offered the deal by the judge on the premise that the incident at the Ritz-Carlton in Atlanta --- when his wife called 911 in tears, asking for help and claiming that "he's beating on me!" --- was his first infraction. Records from his messy divorce in 2012, however, suggest that there were very similar incidents of physical abuse, as well as drug and alchohol abuse, involving his first wife and their children during the first marriage.

"We sent the wrong message to victims of domestic violence by allowing a federal judge to collect a paycheck --- without managing a caseload --- and ultimately having his record expunged," said Sewell over the weekend...

Judge Fuller's first wife, Lisa Boyd Fuller, had accused Judge Fuller of having an affair with his then court bailiff, Kelli Gregg who he would marry shortly after his divorce from Lisa was finalized. The records from those proceedings were sealed over her "strenous objections". During the incident at the Ritz-Carlton hotel last year, Kelli accused her husband of having an affair with a court clerk.

Though Fuller's two-sentence resignation letter delivered to the President stated that "It has been an honor and privilege to serve," it's likely that the timing of his decision was meant in hopes of avoiding the embarrassment of impeachment by Congress...

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By PDiddie on 5/31/2015 4:50am PT  

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Guest: Miles Grant of the National Wildlife Federation...
By Brad Friedman on 5/29/2015 3:05pm PT  

[I'm on the road today, so this BradCast was taped yesterday, just prior to the indictment of former U.S. House Speaker Dennis Hastert. For some quick thoughts on that, please see this article from last night. More when we return next week, no doubt. - BF]

President Obama says the Trans-Pacific Partnership (TPP) agreement is "the most progressive trade agreement the world has ever seen." Maybe. But if we can't see it, how can we know? Democrats (lots of them) say the trade pact is anything but progressive. So who's right? Who can tell when it's all being done in secrecy? We discuss on today's BradCast.

Then I'm joined by Miles Grant, Communications Director of the National Wildlife Federation and blogger at TheGreenMiles.com, to talk about his recent piece on the nation's "Roads to Nowhere" and whether voters really want more of them. We discuss why new, expanded roads don't solve traffic woes and why there's such a disconnect between politicians' billion-dollar new road projects and the public's desire to repair the ones we already have.

Plus: A recent IRS data hack holds lessons (again) for Internet Voting proponents; Seattle literally rejects Shell Oil's shit, and much more on today's BradCast!

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Flashback to BRAD BLOG coverage of bribery, blackmail allegations by FBI translator/whistleblower Sibel Edmonds from years past...
By Brad Friedman on 5/28/2015 11:04pm PT  

Oh, man...

CHICAGO (AP) — Former U.S. House Speaker Dennis Hastert agreed to pay $3.5 million in hush money to keep an unidentified person silent about "prior misconduct" by the Illinois Republican who was once third in line to the U.S. presidency, according to a federal grand jury indictment handed down on Thursday in Chicago.

The indictment, which does not describe the misconduct Hastert was allegedly trying to conceal, charges the 73-year-old with one count of evading bank regulations as he withdrew tens of thousands of dollars at a time to make the payments. He is also charged with one count of lying to the FBI about the reason for the unusual bank withdrawals.

Each count of the indictment carries a maximum penalty of 5 years in prison and a $250,000 fine.
...
Hastert withdrew a total of around $1.7 million in cash from various bank accounts from 2010 to 2014, and then provided it to the person identified in the indictment only as Individual A. Hastert allegedly agreed to pay the person $3.5 million, but never apparently paid that full amount.

Specifically, the indictment reads, the payoffs were to cover up "past misconduct by defendant against Individual A that had occurred years earlier." That "years earlier" part could be important here. See AP's story for much more, including the 7-page indictment itself.

I'll be on the road for a few days as of Friday for some long-scheduled family obligations, so I won't be able to delve much into this for the moment. However, we covered a number of questions about Hastert and criminality in some detail here as far back as 2006. At the time, many seemed to think such questions were outlandish. Much of our coverage stemmed from allegations made about Hastert by former FBI translator-turned-whistleblower Sibel Edmonds. She had charged, years ago, that Hastert was mixed up with shadowy Turkish interests and even suitcases full of cash, generally speaking. For example, from the 241-page transcript [PDF] her sworn video taped testimony during a 2009 case, Edmonds claimed Hastert was involved in...

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Guest: Montana Commissioner of Political Practices Jonathan Motl...
By Brad Friedman on 5/28/2015 5:33pm PT  

Nebraska does it again! The majority-GOP state legislature overrides yet another veto by the state's GOP governor to do the right thing yet again, this time to allow the children of immigrants to obtain drivers' licenses. The latest move by Conservative legislators in the state comes on the heels of overriding vetoes and/or filibuster-proof majorities to protect voting rights, raise tax revenue to repair roads and bridges and ban the death penalty. (Today's news, by the way, was available last week to regular BradCast listeners, as it was hinted at quite directly on our show at the time by my guest that day, Republican state Sen. Al Davis.)

In the meantime, my guest on today's The BradCast is Montana's Commissioner of Political Practices John Motl. He explains the state's latest disturbing court battle to retain their long-standing caps on campaign donations. As noted during the show, this case could very well end up at the U.S. Supreme Court and serve to remove all caps on donations to candidates across the country. So it's very important. This in a state which recently saw SCOTUS gut it's 100-year old prohibition on corporate campaign spending (the Corrupt Practices Act of 1912) in the wake of Citizens United.

"We fully understand we are standing in on behalf of the average person," Motl tells me. "We're not standing here on behalf of the large moneyed interests. And we're willing to take that burden on." He adds that he's confident they will win this case. "If there's justice, we will prevail." I'm not quite as confident as he is, to be frank. Pay attention to this case.

Plus: An amusing new RW conspiracy theory, of sorts; Saudi Arabia's oil minister says we may be nearing the end of fossil fuels(!); and extreme weather ravishing the nation and the world on the latest Green News Report with Desi Doyen...

Download MP3 or listen online below...

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with Brad Friedman & Desi Doyen
By Desi Doyen on 5/28/2015 10:57am PT  


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Guest: Journalist, playwright Aurin Squire...
By Brad Friedman on 5/27/2015 4:36pm PT  

As the corporate media continues to smear and/or ignore and/or marginalize Bernie Sanders' candidacy for the Democratic Presidential nomination, we're happy to play extended excerpts from Tuesday's massive kick-off rally in Burlington, VT on today's BradCast. You're welcome, Politico and "everyday Americans" everywhere!

Then, I was joined by journalist and playwright Aurin Squire to discuss his recent TPM essay on "Biker Gangs, Tamir Rice, And The Rise Of White Fragility". Squire raises a number of important issues in his piece concerning how so many in the nation's white, male, privileged power structure seem to be desperately trying to cling to control they think they are losing. In the meantime, they are voting against their own best interests, even as they try to restrict the rights of "the others".

Plus: Breaking news on the bipartisan Nebraska state legislature successfully overriding their GOP Governor's veto to abolish the death penalty once and for all; three new GOP candidates set to get into the 2016 race; and John Boehner's latest, ridiculous dog whistles...

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By Miles Grant on 5/27/2015 7:35am PT  

From the Beltway to Bertha, it's taken for granted that American voters want to spend more not just to repair but to "improve" roads and bridges, meaning expensive new and expanded highways. It's assumed their only objection is that they don't want to have to pay higher gas taxes. There's only one problem: Like the mythical American love affair with cars, there's little evidence of an American craving for new highways.

Following in the footsteps of Massachusetts voters last fall, Michigan voters recently rejected a gas tax increase. This reaction from Gov. Rick Snyder (R-MI), who pushed the tax hike referendum, caught my eye:

"While voters didn't support this particular proposal, we know they want action taken to maintain and improve our roads and bridges," Snyder said.

We hear that spoken as fact from politicians and political commentators all the time, but how do we know that? Is that really true? And what if it's not?...

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Guest: Andrew Freedman of Mashable.com on deadly TX, OK storms; Plus: Our report from the Santa Barbara oil spill and MORE...
By Brad Friedman on 5/26/2015 4:15pm PT  

Good news and bad today on The BradCast. As is too often the case, mostly bad.

We get the good news out of the way early. Namely, the overwhelming approval by voters for a Constitutional amendment for marriage equality in the very Catholic nation of Ireland over the weekend. The mandate was loud and clear and, thanks to publicly hand-counted, hand-marked paper ballots in Ireland, unmistakable.

Then, horrific, deadly flooding in Texas and Oklahoma on the heels of a years-long drought there. Mashable.com's Science Editor Andrew Freedman joins us to discuss the ongoing disaster and the influence of climate change on events like this --- which we seem to be seeing more and more of...just as climate scientists have been warning for decades.

Also today, a report on our own weekend encounter with private security guards at the scene of the Santa Barbara, CA oil spill after the rupture of a crude pipeline owned by a company named Plains All American.

An update on charges now filed against Doug Hughes, the postal worker who landed his gyrocopter on the lawn of the U.S. Capitol in April to deliver a message about the need for campaign finance reform (our full interview with Hughes from back in April is right here).

All that, and a few more items of note in today's BradCast!

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(Some so memorable that we wish we could forget)
By PDiddie on 5/24/2015 5:41am PT  

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GUEST: Joseph Siegelman...
By Brad Friedman on 5/22/2015 3:18pm PT  

We've reported for years about the ease with which foreign entities could hack a computerized US election with little possibility of being discovered. Well, guess what classic book was reportedly found on 'Bin Laden's Bookshelf'? We discuss on today's BradCast!

Then, my guest is the imprisoned Gov. Don Siegelman (D-AL)'s son Joseph Siegelman (pictured above with his father and sister Dana just before his father was sent back to federal prison in 2012 to serve out his 6.5 year sentence on "bribery" charges), on the latest disturbing ruling by the 11th Circuit Court of Appeals concerning his father's appeal for a new trial and/or reduced sentence in his outrageously politicized prosecution by the Bush Administration.

Joseph, now an attorney, explains what the court's decision this week means; where the case goes from here; whether he thinks the Obama Administration will ever right the wrong; and how you can help to restore justice in this matter.

"This is something that shouldn't happen in America," he told me. "If a sitting governor can be unseated and prosecuted and imprisoned for something that he did not do --- and for something that had not even been considered a crime in this country until he was convicted of it --- what chance do anyone one of us have?"

That and a bit more, including listener mail and some breaking voting news out of MD, on today's BradCast...

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'Black Box Voting' author Bev Harris tells BRAD BLOG: 'He must have been looking at how fucked up the western world really is'...
By Brad Friedman on 5/22/2015 6:35am PT  

We've long warned about the dangers that electronic voting and tabulation systems pose to our democracy, not just from simple insider attacks and domestic hacking, but also from foreign governments and other, even shadier entities.

In 2009, just by way of one of scores (if not hundreds) of examples, we covered the chilling presentation given by the CIA's cybersecurity expert Steven Stigall to a panel convened by the U.S. Election Assistance Commission (EAC) during a field hearing in Orlando, FL. Stigalll warned at the time: "You heard the old adage 'follow the money. I follow the vote. And wherever the vote becomes an electron and touches a computer, that's an opportunity for a malicious actor potentially to...make bad things happen."

"For several years," Stigall said, according to the transcript [WORD], "I've worked with others in my organization to try and identify foreign threats, emphasis on 'foreign threats,' to important U.S. computer systems. A few years ago it occurred to us that that should include potential foreign threats to the computers upon which our elections in this country are increasingly dependent."

Well, funny thing. Remember that Osama Bin Laden guy? On Thursday, The Hill and others published a list [PDF] of about forty English-language books said to have been found at Bin Laden's compound when he was killed. Among them, amusingly enough, were "9/11 conspiracy theory" books. Another was the New York Times best-seller The Best Democracy Money Can Buy by our friend, investigative reporter Greg Palast.

Interesting. But look at what else showed is said to have been found on Osama's bookshelf...

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Plus: Siegelman's appeal rejected; Jeb still rewriting Iraq history; MORE...
By Brad Friedman on 5/21/2015 5:21pm PT  

After a bunch of breaking news on The BradCast today --- out of Baltimore, on Gov. Don Siegelman (D-AL)'s rejected criminal appeal, on Jeb Bush's latest easily disprovable nonsense in hopes to rewriting Iraq and his brother's criminal culpability in it --- I was delighted to move on to some very encouraging news out of Nebraska.

On Wednesday, in Nebraska's unique, non-partisan unicameral state Senate, Republicans and Democrats voted --- with a "veto proof majority" --- to end the use of the death penalty in the state. The move, in the pretty deeply Republican state, seems to have shocked many, particularly with the state's Republican Governor having just announced his purchase of a a new batch of drugs to kill people with...from a very questionable source.

State Sen. Al Davis (R-District 43), one of those who voted to end the state's immoral killing of prisoners, joined me on today's show to explain why he voted as he did (on this matter and in the recent bipartisan rejection of a polling place Photo ID voting restriction); whether he believes the "veto proof" majority on the death penalty ban will hold at this point; why the state's unicameral, non-partisan chamber seems to result in common sense alliances rarely seen elsewhere across our dysfunctional partisan landscape; and what other surprising moves (yes, increased taxes and more!) may soon come out of the majority Republican statehouse.

All of that today, along with a thought on David Letterman's departure and Desi Doyen with the latest, very oily, Green News Report...

Download MP3 or listen online below...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 5/21/2015 11:05am PT  


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IN TODAY'S RADIO REPORT: Major oil spill off the Santa Barbara coast; Another settlement reached in 2010 BP Gulf Oil Spill; Fossil fuels subsidized to the tune of $5 trillion a year; PLUS: President Obama to Coast Guard cadets: climate change is a threat to global and national security ... All that and more in today's Green News Report!

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By Brad Friedman on 5/20/2015 6:28pm PT  

From AP late today:

A federal appeals court has upheld the bribery conviction and prison sentence of former Alabama Gov. Don Siegelman.

The 11th US Circuit Court of Appeals ruled Wednesday that Siegelman was not entitled to a new trial. The judges also upheld Siegelman's 78-month sentence.

The ruling is the latest legal blow to Siegelman, who has been fighting to overturn his 2006 conviction in a government corruption case. A federal jury convicted Siegelman of appointing former HealthSouth CEO Richard Scrushy to a state board in exchange for campaign donations.

Siegelman, a Democrat, had argued that a prosecutor with ties to GOP politics remained involved in his case despite her recusal. Federal judges said there was no evidence she influenced the prosecution team

Siegelman is projected to get out of prison in 2017.

See below for an appearance of mine on Thom Hartmann's television show in 2013 discussing the status of the Siegelman case at the time. Hartmann describes him as "America's Political Prisoner". The appearance coincided with the dismissal of the conviction against former Republican U.S. House Majority Leader Tom DeLay for money laundering hundreds of thousands of dollars. 113 bi-partisan former state Attorneys General have stated that what Siegelman was convicted of had never been a crime until he was charged with it.

The court's decision, however, could help to finally clear the way for clemency or a pardon from the President, as advocates have long sought. See Jeffrey Toobin's January 2015 New Yorker column calling for same.

Meanwhile, U.S. District Court Judge Mark Fuller (the former head of the Alabama GOP and George W. Bush-appointed federal judge who oversaw Siegelman's trial and sentencing after refusing to recuse himself despite long-held grudges against the popular Democratic governor) remains a free man. His criminal record has been expunged despite having been arrested for allegedly beating his wife in a hotel room last summer. (911 call here and embed below.) Unless impeached by Congress, Fuller will retain his $200k/year seat on the federal bench for life.

More info at Free-Don.org.

USA. USA. USA.

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UPDATE 5/22/2015: My BradCast interview with Siegelman's son Joseph, in response to the news above and what the Siegelman legal team plans to do next, is now posted here.

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My 2013 appearance on Hartmann's show and a video snippet of the chilling 911 call from Judge Fuller's wife in 2014, both follow below...

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