On Wednesday's BradCast on KPFK/Pacifica Radio, I interviewed Brendan Cummings, senior counsel at the Center for Biological Diversity. He's fresh off his win in federal court where a U.S. Magistrate Judge found earlier this week that the Obama Administration violated federal law by not taking the effects of fracking into account in its environmental assessment before leasing areas of the Monterey Shale Formation in California to oil companies.

We discussed the case and its first-of-its-kind ruling, the impact it may (hopefully) have on similar fracking land leases elsewhere in the state and nation, and what the hell supposedly "liberal" Democrats like Barack Obama and CA Gov. Jerry Brown must be thinking.

I also covered this week's election fraud felony guilty pleas by a staffer for Newt Gingrich's 2012 Presidential campaign, the pending felony charges against a co-defendant and additional arrests that prosecutors say may be coming soon. All a part of Gingrich's failed attempt to qualify for the 2012 GOP Presidential primary in Virginia, and his unbelievable hypocrisy in downplaying fraud in his own campaign that was far worse than anything ACORN ever did (or, actually, didn't do.)

Finally, we had an extended Green News Report segment with Desi Doyen, to discuss, among other things, Rep. Joe Barton's amazing comments today, and the new attempt by Fox "News" to raise George Orwell from the grave by describing environmentalists as "climate deniers"...

Download MP3 or listen online below...

P.S. The BradCast now also airs Saturday at 3pm ET and Sunday at 4pm ET on The Progressive Voices Channel on TuneIn! (And download the great TuneIn app on your smart device if you haven't already!)

P.P.S. Still looking for someone to help with an official logo for The BradCast. We need one! Good with logos? Drop me an email with ideas! See this and this for potential inspiration!

Yes, Rep. Joe Barton (R-TX) actually said this...during a hearing in the House Subcommittee on Energy and Power today...

Here's what he actually said --- out loud --- via RAW STORY [emphasis added]...

You may remember Barton from 2010, after the BP oil spill in the Gulf, as the man who actually apologized to BP's then CEO during a U.S. House hearing, for what he described as a White House "shakedown", after the company agreed to pay some $20 billion to help clean up the unprecedented disaster and help restore the livelihoods of many who lost everything thanks to the spill.

This seems to me to be a potentially larger issue --- with broader national implications --- than it's currently being regarded as in the bulk of the corporate media.

I'm prepping to interview Brendan Cummings, the lead litigator in this case, later today on my KPFK/Pacifica Radio show. [That interview is now here...] Cummings argued the case on behalf of the Center for Biological Diversity which sued the Obama Administration along with the Sierra Club.

So, for now, here's how the matter is being reported this week by Virginia Hennessey of the Monterey County Herald [emphasis added]...

And here is the actual 30-page ruling [PDF] of U.S. Magistrate Judge Paul Grewal issued earlier this week.

UPDATE 4/11/13: My interview with Brendan Cummings, senior attorney from Center for Biological Diversity who won this landmark case, is now posted here...

It's just the cost of doing business for the world's most profitable corporation. And that "cost" is barely a blip (that may be an overstatement) on their daily profit sheet.

As Rachel Maddow noted on Friday in the short report below, ExxonMobil is the nation's largest and most profitable corporation. It is larger than Walmart, Google, McDonald's, American Express and Goldman Sachs...combined.

And yet, the penalties they pay for violating federal safety laws leading to oil spills is almost nothing at all. For example, when Exxon was caught failing to inspect a portion of the Pegasus Pipeline --- the one fill with sticky, gooey, tar sands crude that we don't know how to clean up...the pipeline that ruptured last week in a suburban neighborhood in Mayflower, AR --- they were fined a grand total of $26,000.

That's a $26,000 fine out of the $122 million dollars in profit that Exxon makes in per day.

"There is nothing that Exxon fears from the federal government," Maddow notes. "They have so captured the parts of the government that are supposed to punish them when this sort of thing happens, that the pain that that sort of punishment could cause them, redounds to them, essentially, not at all."

Yes, it pays for companies like Exxon to violate the law with impunity, so it will be left to the people of Arkansas, as Maddow explains, to make the company pay any kind of real price for their crime...if they can...

More photos of the Pegasus tar sands pipeline rupture in Mayflower, AR, taken by the EPA, are now posted here. Give 'em a look. If President Obama approves the Keystone XL pipeline, this is the type of spill that could be coming to a neighborhood near you very soon.

Other than what appears, at first blush, to be the front entrance to the official Ronald Reagan Presidential Library and Sewer System, the entire complex, shining at the top of a hill in Simi Valley, CA, is beautiful. Had we not arrived so late in the day, we would likely have paid the somewhat pricey $21 per head entrance fee to tour the actual museum, see the old Air Force One that is on display and, perhaps, even pay the extra $6 to check out the "Treasures of the Walt Disney Archives" exhibit which is also currently on display there, for some reason, until the end of the month.

As late as it was, however, we decided this time around to just enjoy the grounds, the memorial site, and the gift shop --- all free to access --- and make a mental note to try to go back for a full day at some point in the not too distant future.

But we were still able to take a few photos that you may enjoy, including this one just outside the entrance to the museum portion of the Reagan Presidential Library. I call it: "Trust But Photograph"...

Here are a few more of the photos we took yesterday, some odder and/or more ironic than others...

In January of 2012, just as the GOP Primary election cycle for President was getting under way, The BRAD BLOG reported exclusively that the office of the Virginia Attorney General had opened a criminal election fraud investigation into the failed effort by the campaign of Newt Gingrich to appear on the primary ballot in the Commonwealth.

Now, a woman hired by the campaign has "pleaded guilty to felony counts of fraud and perjury," according to a report just out tonight from Charlottesville's NBC affiliate WVIR.

31-year old Jennifer Derrebery reportedly worked for Gingrich's election contractor Stillwater LLC and, according to prosecutors, turned in campaign petitions with some 400 signatures in the failed attempt to collect the 10,000 needed for Gingrich's name to appear on the primary ballot last year. According to WVIR, nearly all of the signatures submitted by Derrebery were fake.

The report also notes that the "investigation is still active, and may result in additional arrests" and that Derrebery is cooperating with prosecutors and state police. WVIR says the "judge suspended all of her prison time". That is likely in exchange for her cooperation on the case. Her co-defendant, Adam Dustin Ward, faces a total of 42 criminal counts and will face a judge in June.

In late December of 2011, after Gingrich had failed to turn in enough valid signatures to qualify for the Virginia primary ballot, he was caught on video tape telling a supporter in Iowa that the reason for the failure was due to a campaign worker who created 1,500 fraudulent signatures.

"We turned in 11,100 --- we needed 10,000 --- 1,500 of them were by one guy who, frankly, committed fraud," Gingrich is seen and heard saying in video originally aired by CNN.

Clearly, the effort was by more than just "one guy," as Gingrich asserted at the time.

The former Speaker of the U.S. House of Representatives downplayed the incident, by explaining to the woman that the entire affair was "just a mistake," after they had "hired somebody who turned in false signatures."

In late January, an official at the Virginia State Board of Elections (SBE) described to described to The BRAD BLOG what had happened as "definitely an illegal act." He told us that the matter had been referred by the SBE to the office of VA's Attorney General Ken Cuccinelli (R). The Director of Communications for the office, Brian J. Gottstein, then confirmed to us that an investigation was "underway," though he could not disclose the details at that time...

After watching Shadows of Liberty: The Media Monopoly in American Journalism over the weekend, I didn't expect I'd be surprised by much during my interview with the documentary's filmmaker Jean-Philippe Tremblay on The BradCast today on KPFK/Pacifica Radio. But I was.

It's a beautiful and maddening film, featuring many voices --- such as Julian Assange, John Nichols, Dan Rather, Amy Goodman, Robert Parry, Robert McChesney, Dan Ellsberg, Sibel Edmonds and many more, including even yours truly --- who will be familiar to readers of The BRAD BLOG. While aspects of a number of the stories told in the film may be familiar, there were elements that even I hadn't heard about it, in just about every one of them.

I had planned to ask Tremblay about his struggles finding commercial theatrical distribution for the film in the U.S. I'd presumed that, at least, would be next to impossible, given the subject matter of the film (the corporate takeover/merger of the near-entirety of our mainstream media in collusion with the highest levels of the U.S. government.) What I hadn't counted on --- what caught me completely off-guard --- was that Tremblay said that, while the film has been featured at prestigious film festivals around the world, the bulk of the major festivals in the U.S. had turned the film down. Yes, those supposedly "independent" film festivals are, apparently, not quite as independent as they used to be, it seems.

Our conversation, today, was the first, as I understand it, that Tremblay has been able to have in the U.S. media about this important film which has been several years in the making. (I was interviewed for the film about three years ago as I recall.)

The good news: We were able to talk about all of that today, unencumbered by any corporate filter and over our public airwaves on Pacifica Radio in L.A. (and over 110,000 blazing FM watts across much of Southern and Central California!)

The even better news: You can watch the film, in its entirety, streaming on the Internet as of tomorrow, Thursday, April 4 at Shadows.KCETlink.org. (You can watch a number of clips from the film there already.)

And, the even better news still: Shadows of Liberty will air on actual television, beginning Friday, April 5th at 8pm ET and PT on independent KCET in Los Angeles and nationwide on Link TV (DISH Channel 9410, DIRECTTV Channel 375).

Until then, you can listen to my conversation with Tremblay from today's BradCast, which includes a number of clips from the film --- along with a few more items of note in the news week (such as concerns about the 100% unverifiable voting systems set for use in the race of Stephen Colbert's sister, Elizabeth Colbert Busch, in her run for the U.S. House in S. Carolina against former Gov. Mark Sanford; the Virginia GOP voter registration worker who was caught tossing registration forms into a dumpster just before the Presidential Election last year, but who seems to now be getting off the hook, and, of course, a visit from our own Desi Doyen, as usual, with the latest Green News Report) --- all right now here.

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

P.S. Please be the media and spread the word. Thanks.
P.P.S. If I haven't "sold" you enough on the film here and in the radio show above, see the official trailer embedded below. Those of you who know my voice will recognize it a few times...

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

Given the professed concerns about election fraud among Virginia Republicans, it seems somewhat astonishing that the man at the center of the Commonwealth's most notorious fraud scandal last year seems to be getting off the hook after initially being charged with 13 criminal counts including eight felony charges.

Colin Small, a Republican Party Voter Registration Supervisor who secretly tossed filled-out voter registration forms into a dumpster last year, had all of his felony charges dropped by the local Republican Commonwealth Attorney prosecuting the case yesterday.

Small was arrested and charged with 13 counts --- including destruction and disclosure of voter registrations, as well as obstruction of justice --- in Harrisonburg, VA in the run-up to the Presidential election last year, after he was seen by a local shopkeeper throwing away a bag of registration forms behind his store. Small's felony charges were all dropped on Tuesday, according to local Fox-affiliate WHSV.

The case had garnered a great deal of national attention last fall --- almost everywhere but on Fox "News" --- as it emerged at the pinnacle of an embarrassing nationwide GOP Voter Registration Fraud Scandal which plagued the Republican Party in the weeks just prior to the November general election.

The prosecutor on the Small case is Republican Marsha Garst. Unlike other Commonwealth Attorneys, observed a local Democratic-leaning political muckraker yesterday, Garst failed to recuse herself from the prosecution despite what would appear to be very clear conflicts of interests in the case.

The newly dropped charges appear in stark contrast to Garst's declarations last year, when told the Washington Post on the Friday before the Tuesday Presidential election that the matter was "a very important investigation to the state, and we intend to prosecute Mr. Small to the fullest extent"...

The eagle-eyed Jeff Poor, who describes himself as a "Christian, media reporter" for Tucker Carlson's pretend (and long-ago and repeatedly discredited) Rightwing "news" site, The Daily Caller, notices that our twitter feed is doing its part to help promote the Fox "News" Special Report with Bret Baier...

Of course, describing us as a "chronic Fox basher" isn't completely fair. After all, we're always more than happy to appear in person on Fox, and even on Special Report, for that matter. It's just that they don't call very frequently, for some reason.

Either way, thanks, Jeff! And you're welcome, Fox "News"! Hope it helps!

[UPDATED at bottom of article following GOP primary run-off.]

When Stephen Colbert's older sister, Elizabeth Colbert Busch (D), faces her likely opponent, former Gov. Mark Sanford (R), in the May 7th U.S. House special election in South Carolina, it will all take place, once again, on the state's oft-failed, easily-hacked, always 100% unverifiable touch-screen voting systems. [NOTE: Unfortunately, despite today's date, this post is not an April Fools joke.]

The candidate announced as the "winner" of that election, based on those unverifiable voting systems, will either be the one who received the most votes from SC voters in the 1st Congressional District --- or the one who didn't. There will never be any way for anybody to know for sure one way or the other.

For that matter, after Sanford faces off with Curtis Bostic in Tuesday's Republican primary run-off election for the nomination, neither candidate will be able to know for certain whether they've actually won or lost that election either. This is South Carolina "democracy" in 2013 (and in at least one third of the country elsewhere.)

To make matters still worse, the state's Legislative Audit Council (LAC) has just released a new official report on those failed voting systems. Unfortunately, the report includes a enormous flaw which, when I pointed it out to Perry K. Simpson, Director of the LAC on Friday, his response was: "I see your point"...

In 2004, in one of our earliest posts on this site (our 15th, in fact) we declared "gay marriage" to be a "done deal".

Six years later, in late 2010, after a number of good court decisions in the week or two prior, largely in regard the military's now-defunct discriminatory "Don't Ask Don't Tell" (DADT) policy, we wrote:

Well, as of this week, it looks like "the bad guys" finally have noticed and are in the process of coming to terms with it...

It's been a big gay week at the U.S. Supreme Court! So it seemed time to call on my friend Mike Rogers of RawStory.com to join me on the KPFK BradCast to talk about it all.

Rogers has joined me over the years for various 'Big Gay Hours' on the radio --- going all the way back to the darkest anti-gay years of 2004 and 2005 when the campaign against marriage equality had first been weaponized by the Republican Party. So it is with some joy that we were able to mark the extraordinary victories, and speed with which they have happened, for the gay community, as well as for those of us in the constitutional conservative community who believe in things like Equal Protection under the Law, etc.

We discussed both the CA Prop 8 and DOMA hearings this week at SCOTUS, how we all got here, and what has become of some of those closeted gay politicians who fought against gay rights and inspired Rogers to become an investigative blogger, open his old BlogActive.com site and begin reporting (and outing) the hypocrites standing in the way of equality for all. His work, outing folks such as Sen. Larry Craig and others, eventually helped to inspire Kirby Dick's 2009 documentary Outrage (in which he is featured).

We played and discussed some of the clips from this week's hearings, including some of the shameful performances from Justice Antonin "Just Makin' Shit Up Again" Scalia, Prop 8 proponent attorney Charles Cooper and the Obama Administration's horrible Solicitor General Donald Verrilli.

I also covered a bit of the mysterious Florida Election cyberhack story out of Miami-Dade (and a new clue to the mystery), and Desi Doyen joined me to have a laugh at the Tennessee "conservatives" who've suddenly found an amusing reason to finally give a damn about mountaintop removal mining, and for the latest Green News Report...

Download MP3 or listen online below...

A week or two ago, after seeing Attorney General Eric Holder, in Senate testimony, pretend that he was "concerned" about a lack of prosecution of big banks due to their being too large, I described his claims, in a bit of a rant here as "complete bullshit".

Over the weekend, I spoke (via a very bad web cam) to Mike Papantonio on Ring of Fire about that very issue...

One month ago, The Miami Herald's Patricia Mazzei unleashed an excellent investigative report on an attempted series of online cyberhacks of absentee ballot requests prior to last August's primary election in Miami-Dade County, Florida.

Mazzei's article describes the mysterious attempt by someone to request more than 2,500 absentee ballots for elections in three different Miami-Dade districts using anonymous proxy Internet Protocol (IP) addresses from foreign countries to hide the real identity of the requester. A grand jury looked into the matter [PDF] of the "phantom" requests, but was hamstrung by the fact that they were not told --- the article says it was due to administrative confusion --- that the initial IP addresses used to make the absentee ballot requests were actually not from overseas, but local to Miami-Dade. Had prosecutors had that information, they might have been able to zero in on the culprits, rather than close the investigation late last year without identifying a suspect.

The case has now reportedly been reopened, but the length of time since the initial event may have allowed the trail run cold. Hopefully we will find out soon.

Last week, the story suddenly received a lot of fresh attention after it was picked up by NBC News' Gil Aegerter who describes what happened as the "first known case" of such a cyberattack on a U.S. election.

Setting aside, for now, the point as to whether this is the first such attack --- I've reported quite a bit of evidence of several others over the years (the NBC report links to a number of stories I've broken on these matters, including one of my stories at ComputerWorld in 2007 describing a malicious virus that struck Sarasota's contested 2006 Special Election for the U.S. House where some 18,000 votes ultimately disappeared from the touch-screen voting machines) --- there are a few key points and lessons from this story which I'd like to underscore, despite the fact that the mainstream corporate coverage has been pretty decent here for a change.

Additionally, one of several key remaining mysteries in the story --- a story that I've been trying to make sense over the past several weeks, since learning of it --- may now have an answer, or at least a new and troubling clue...

We desperately could use a toon or two around here of late. Sorry this is not a happier or funnier one though...

As to the extra punchline at bottom right, it's a reference to the quote misattributed to Churchill: "Americans can always be counted on to do the right thing…after they have exhausted all other possibilities."

And, by the way, a better name for "Carbon Tax" is "Pollution Tax".

Yes, companies who dump huge amounts of pollution --- tons and tons of it --- into our atmosphere every single day ought not be able to do it for free, as they do now, since we all have to pay the price of cleaning it up, as we are now doing in spades.

[Hat-tip Joe Romm at Climate Progress]