Guest editorial by Ernest A. Canning

On his Tuesday radio show, syndicated over the public airwaves on some 200 stations, Rightwing talk show host Neal Boortz said:

His entire rant, appearing to encourage the vigilante murder of unnamed "thugs" across the major Atlanta metropolitan area, can be heard below.

The question now is: Did Boortz incite murder over our public airwaves and should he be prosecuted for it? Moreover, will complaints be filed by the public at the FCC's website (hit the "Take Action" button there, if you'd like to file your own complaint), demanding an investigation and prosecution for the potential crime and/or sanctions against the affiliate stations who broadcast it to the public?...

[Now UPDATED with audio archives below...]

We're back guest hosting the nationally syndicated Mike Malloy Show for the next few weeknights --- tonight through next Tuesday! Hope you can join us!

We'll be BradCasting LIVE 9pm-Mid ET (6p-9p PT) each night, coast-to-coast and around the globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE and lively chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

• FRED KARGER, the GOP 2012 Presidential candidate who has filed a "voter fraud" complaint against GOP front-running Mitt Romney in MA. Karger, as the first openly gay Presidential candidate from a major party is also an activist, who organized boycotts against many of the corporate supporters of CA's Prop 8 banning marriage equality in the state. LIVE IN STUDIO!
• ERNEST CANNING, attorney and The BRAD BLOG's legal correspondent on the recent incitement to violence/murder by Rightwing broadcaster Neil Boortz over our public airwaves.
• PLUS: Media and Democratic Party idiocy over Anthony Weiner; good (and bad) news on Constitutional rights; Bush admin CIA targeted an American middle-east expert/blogger; Fake civil war in the Republican/U.S. Chamber of Commerce Party; and much more, including whatever's on your mind via calls to 877-520-1150 and tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on Sirius Ch. 146 & XM Ch. 167. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or via MikeMalloy.com.

POST-SHOW UPDATE: Fast-paced show, with a GREAT interview with Fred Karger right in the middle! Be sure to give it a listen! The audio archives (and chat room archives) follow below. See ya again tomorrow night!...

Good news for Constitutional conservatives such as myself today in two out of three noteworthy court decisions in three separate courts, at least in regards to the rights of we, the people.

Let's start with the two good news items, both related to the Constitutional right to equal protection under the law, and then the not-so-good news item, the one out of Wisconsin, where a predictable partisan divide succeeded in removing rights from American citizens...

As seen in CA recently, in support of NAACP's "Misplaced Priorities: Over Incarcerate, Under Educate" campaign.

Just one of many important topics adversely affecting our nation every single day which will decidedly not be discussed in any way, shape or form during tonight's CNN-sponsored GOP Presidential debate in New Hampshire.

By way of marking today's 10th anniversary of George W. Bush's job-killing, society-crushing tax cuts for the rich --- which we recently illustrated via one very clear chart, as the largest factor, by far, in exacerbating our current public debt --here, courtesy of Think Progress, is just a few of the things this country could have had for the same 10-year price tag as those tax cuts for rich people who didn't need them...

Well, that all might have been nice for all Americans.

So how are the current crop of GOP contenders for the 2012 Presidential nomination responding? Here is former Minnesota Gov. Tim Pawlenty's economic plan, as outlined in a speech today, which promises to triple the size of the existing Bush tax cuts...

Guest blogged by Ernest A. Canning

For nearly two months, The BRAD BLOG has furnished in-depth coverage and analysis of the contentious WI Supreme Court election. Our coverage not only focused on the horse race, but, more vitally, on the vulnerabilities of the Badger State's e-voting systems, its lack of transparency, massive violations of basic chain-of-custody procedures revealed during the woeful, nearly-month long "recount" process, concluding with the state Government Accountability Board (G.A.B.)'s certification of the election results as "accurate" despite all of the above, and despite never having received the minutes of the Waukesha County "recount," as mandated by state law.

Beginning with our April 6 article, "WI Supreme Court Election Virtually Deadlocked, According to the Machines Anyway," and ending with the May 31 coverage of WI Asst. Attorney General JoAnne Kloppenburg's description of a "cascade of irregularities" during her concession speech, followed by Brad Friedman's exclusive June 1 interview with Kloppenburg on KPFK, we've offered an extensive and independently verifiable historical record of the extraordinary and exploitable flaws discovered and exposed in the state's electoral system.

Unfortunately, as has repeatedly occurred with thousands of election integrity articles published by The BRAD BLOG over the past seven and a half years, the issues concerning lack of transparency, the potential for insider election fraud, and a reliance upon "faith-based" electoral results, with rare, against-the-grain exceptions, have been greeted by a silence within our hollowed-out, corporate-owned mainstream media that has been so deafening as to call to mind an Orwellian suppression of public consciousness.

"If the Party could thrust its hand into the past and say...it never happened," penned George Orwell in his classic 1984, "that, surely, was more terrifying than mere torture and death."...

Guest blogged by Ernest A. Canning

Republicans in state after state across the country today, Memorial Day 2011, are remembering those who fought and died to protect our democracy by celebrating recent victories in their renewed effort to remove the right to vote for hundreds of thousands, if not millions, of legal American voters.

It's been just days since we filed "GOP Voter Suppression Shifts Into High Gear in State After State as 'Tea Party' Shell Game Exposed" on May 23, detailing new GOP-passed polling place Photo ID restrictions in states like SC and FL, but since then we can report that Gov. Rick Perry (R) signed a bill legalizing polling place photo ID restrictions in TX and Gov. Scott Walker (R) signed a photo ID restriction bill in WI.

Both of them, as opponents have documented over and over again, will serve to do little more than to disenfranchise far more legal (largely Democratic-leaning) voters than those who will be kept from fraudulently impersonating other voters at the polling place, which, as even most proponents admit when forced, happens almost never --- if it all.

Thankfully in at least one instance since our last report, Gov. Mark Dayton (D) of MN vetoed a photo ID measure passed by Republicans in his state. So there is one case, at least, where the memories of our fallen soldiers might be appropriately honored this weekend, as one governor has remembered to protect the very thing that so many of them died for.

Despite the fact that the U.S. Supreme Court upheld the enactment of Indiana's photo ID law in Crawford vs. Marion County Election Bd. (2008), both the new WI photo ID law, which may cost WI taxpayers $7 million to implement, and both the SC and TX photo ID laws, which do not even recognize student photo IDs, may be subject to significant legal challenges...

From Maggie Mahar at Health Beat...

Our thanks to Digby for pointing us to the above in her article this afternoon describing today's as usual right-leaning Meet the Press roundtable as "vapid" and "braindead" featuring just one of six panelists who "might not be called [conservative]," in a discussion "about the immediate deficit catastrophe" which, she believes, would likely cause "all elderly people [to be] extremely worried that they will be barred from going to the hospital next week because Medicare has gone belly up."

She goes on to quote samples of the "verbal compost" of today's roundtable discussion on NBC, adding "I don't think I've ever had the misfortune to see a bigger load of pompous Villager pap and GOP propaganda in one place."

If it's Sunday...

Rightwing activists and propagandists James O'Keefe and Hannah Giles, employees of con-artist and propagandist Andrew Breitbart, may not use the First Amendment as an excuse for breaking the law in California, according to a federal judge's ruling this week.

Judge M. James Lorenz rejected the defendants' argument and motion for summary judgment in federal court, as part of the civil lawsuit filed against them by former San Diego ACORN worker Juan Carlos Vera.

Giles had previously thrown O'Keefe under a bus by arguing that she should not be held accountable at all for violating California's Invasion of Privacy Act [CA Penal Code § 632], since he, not she, was actually wearing the hidden video camera used to secretly tape their conversations with Vera, even after they had asked if their meeting would be kept confidential.

For his part, O'Keefe, a convicted federal criminal, argued that he was allowed to violate the law because the U.S. Constitution's First Amendment protected him as a "journalist". The judge ruled against the defendants on all points...

Guest blogged by Ernest A. Canning

"I don’t want everybody to vote," Paul Weyrich, co-founder of the billionaire-funded Heritage Foundation and the Moral Majority, said while addressing a right-wing Christian audience in 1980. "[O]ur leverage in the elections goes up as the voting populace goes down," he added after he denigrated those who seek "good government" through maximum, informed voter participation as people who suffer from the "goo goo syndrome."

Voter suppression has long been a staple of American politics, but the tsunami of new restrictions on the polling place now being rammed through by newly-elected Republican majorities in state after state is unprecedented, certainly since the era of Jim Crow was supposed to have been ended by the Voting Rights Act of 1965.

While most Americans may think of the poll tax and literacy tests as forms of voter suppression associated the Jim Crow South, the confirmation hearings of the late U.S. Supreme Court Chief Justice William Renquist included sworn testimony from former U.S. Attorney James Brosnahan and others reflecting that, as an early 60's GOP activist, Renquist intimidated African-American and Hispanic voters in AZ by challenging their ability to read.

1965's Voting Rights Act outlawed both the poll tax and literacy tests. In more recent times, pursuant to a 1987 federal court consent decree, and a subsequent provision of the National Voting Rights Act of 1993, another GOP suppression tactic, "caging lists," was banned, though as documented by the BBC's Greg Palast, the Bush administration-led Plutocrats didn't let a little matter like illegality get in the way of their use.

21st Century voter suppression operates under cover. Or it had, until the new wave of legislation being passed by GOP legislatures across the country began hitting its stride. Until FL's then-governor Charlie Crist overturned it, for example, the state banned convicted felons from voting even years after they'd been released from prison. In Armed Madhouse, Palast asserts that prior to the 2000 Presidential election, FL's then Sec. of State Katherine Harris, appointed by Gov. Jeb Bush, the brother of candidate George W. Bush, purged 94,000 "felons" from the state's computerized voter rolls, though the only "crime" at least 91,000 were guilty of was "being Black, Democrat or both."

Over much of the past decade, voter suppression efforts have been bolstered by bogus "voter fraud" claims leveled at groups like ACORN, who aided in the registration of those who might be likely to vote against the GOP (minorities and the working class); "non-partisan" GOP astroturf groups like the phony American Center for Voting Rights (ACVR) created after the 2004 election solely to create and spread false propaganda about a Democratic "voter fraud" epidemic; laws meant to increase the legal risk to real non-partisan organizations for assisting in registration; draconian polling place "photo ID" restriction laws, and in a reduction of opportunities for early voting.

With the tide of GOP victories at the ballot box last November, those efforts have now been ramped up and are now front and center in some 30 state legislatures across the country...

Guest editorial by Ernest A. Canning

With the backing of the AFL-CIO, National Nurses United, and the International Federation of Professional & Technical Engineers, Sen. Bernie Sanders (I-VT) and Rep. Jim McDermott (D-WA) simultaneously introduced the American Health Security Act of 2011, a Medicare-for-All single-payer system.

The move triggered a "provocative, interesting discussion," as Sanders described it, during a Health, Education, Labor, and Pensions subcommittee hearing in the Senate last week in which the Vermont Senator squared off with Sen. Rand Paul (R-KY) (see video below). Sanders and a physician-witness agreed that treating healthcare as a "right" is consistent with the Hippocratic Oath. For his part, Paul, a self-certified physician, claimed that the establishment of healthcare as a right would turn physicians and their staffs into slaves, with the possibility of police barging into their houses at night to arrest them. Paul's theory that medical care for all "enslaves" doctors and all of those who choose to work in their offices, would no doubt come as a surprise to many physicians who live comfortably in single-payer countries, like the wealthy UK physician interviewed by Michael Moore in Sicko!

Dr. Paul's remarks underscore the extent to which ideology has obscured a basic reality that the core problem is not the ability of American physicians to deliver quality healthcare, but the absurdity of a society which places a greater value on accumulating obscene wealth in the hands of the privileged few above the health and very lives of its citizens...

Guest Blogged by Sue Wilson

After revealing his "long form" birth certificate Wednesday, President Obama scolded the news media for letting this non-issue become a national obsession.

But if President Obama really wants to restore reporting to its rightful role, he needs to act on commitments he made immediately after his inauguration. As I wrote in September 2009 for The BRAD BLOG:

Okay, let me connect some dots here.

For more than two years, GOP extremists have made the President's birth certificate an issue that has successfully permeated the country's consciousness. According to a New York Times-CBS News poll last week, 43% of the country is not sure Barack Obama was born in this country, despite long standing factual evidence to the contrary.

How did GOP extremists manage to make a non issue such a huge issue? They used the power of broadcasting to beat the drums of paranoia into 50 million people across our land. They used the power of talk radio, which they have used successfully tomarginalize Democrats and anyone else outside their narrow point of view.

That's right. According to Arbitron, 53 million people listen to talk radio every day in this country. When Glenn Beck loses his Fox "News" audience of 2 million, he still will have his radio audience of 10 million...

Guest blogged by Ernest A. Canning

Arizona Gov. Jan Brewer and the GOP state legislature received another setback to their controversial anti-immigrant legislation on Monday. In a 2-1 decision, the Ninth Circuit Court of Appeal upheld an earlier U.S. District Court finding that puts the breaks, for now, on a number of provisions in the bill.

In their ruling in United States vs. Arizona, the court found a number of the most controversial provisions of the state's SB 1070 were likely preempted by the federal Immigration and Nationalization Act (INA). The decision leaves in place a preliminary injunction by the lower court barring enforcement of key provisions of the Arizona law.

The case does not, however, address the issue of whether SB 1070 gives rise to unlawful racial profiling.

The doctrine of preemption derives from the Supremacy Clause of the U.S. Constitution. If Congress intends federal law to "occupy the field" or if state law conflicts with a federal statute, it is said to be "preempted" by federal law, which means that the federal law, as the supreme law of the land, supersedes state law...

Here is an update, along with some important thoughts on the WI Supreme Court election debacle which exploded out of Waukesha County yesterday, plunging that important election into utter disarray --- an election seen by many as a referendum on Gov. Scott Walker and the state GOP's legislating away many of the rights of state citizens to collectively bargain.

I am writing quickly as I scramble, once again to get to the studio on time to finish up my week tonight as guest host of the nationally syndicated Mike Malloy Show. I will, of course, speak again about these matters in greater detail on air this evening. So please forgive any typos or lack of clarity in the following for now.

First, some of the latest related news of note, and then some quick thoughts on this entire fine mess.

The campaign of Asst. Attorney General JoAnne Kloppenburg, now said to be trailing incumbent Justice David Prosser by some 7,500 votes, announced their intention last night to file an open records request "for all relevant documentation related to the reporting of election results in Waukesha County, as well as to the discovery and reporting of the errors announced by the County."

That's good. In addition, they ought to apply for an immediate court order for the quarantine, sequestration, and confiscation of all ballots, electronic voting systems (optical-scanners, Direct Recording Electronic machines, tabulators, etc), memory cards, and the computer systems of County Clerk Kathy Nickolaus as well, in hopes of assuring a complete, independent, transparent forensic investigation of the entire election by an independent party.

At the same time, the State Government Accountability Board (GAB) has announced today they are "dispatching officials to the Waukesha County Clerk's Office Friday afternoon to review procedures used in tallying results of Tuesday's Supreme Court election."

That's good too, and if they have the authority to confiscate the election materials as described above, they should exercise it immediately as well. Nickolaus should no longer be allowed anywhere near this election (or, frankly, any other, given her years of reckless behavior in her role as County Clerk.)

Others, including Citizen Action of Wisconsin, have called for a full federal investigation into "irregularities" in Waukesha County's vote-counting system. That would be both welcome and appropriate as well in this case.

With all of that said, and with full recognition of the absolutely shameful way the Right would have behaved had 14,000+ votes suddenly "appeared" in a Democratic stronghold, as they did in the heavily Republican Waukesha enclave (and as they had already begun to do prior to yesterday's stunning announcement, as can be seen in the Fox "News" appearance yesterday of the always shamefully irresponsible liar John Fund), there are reasons to regard the "new" numbers announced yesterday as "legitimate." Or, at least as "legitimate" as any of the other results announced based on ballots counted only by oft-failed, easily-manipulated computer systems in the state. (See our detailed explanation about those systems, and the very serious concerns about them, as we published on Wednesday, when the unofficial results had the race at a 204 vote margin.)

Here's why I feel that way. (Though, mind you, how I feel has nothing to do with what should or shouldn't be done here to restore integrity and appropriate oversight to the woeful election system in place in Waukesha. To be sure, there are many remaining questions that demand answers at this time in both Waukesha and elsewhere in the state.)...