I grew up in St. Louis County. This is not the town I grew up in...
I am embarrassed for St. Louis. For all of Missouri, in fact.
  w/ Brad & Desi
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BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
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VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
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'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
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GOP Voter Registration Fraud Scandal 2012...
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The Secret Koch Brothers Tapes...
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MORE BRAD BLOG 'SPECIAL COVERAGE' PAGES... |
I grew up in St. Louis County. This is not the town I grew up in...
I am embarrassed for St. Louis. For all of Missouri, in fact.
It's not enough that the police are killing unarmed African-Americans in Ferguson, Missouri. Now they're arresting journalists like Huffington Post's Ryan Reilly and Washington Post's Wesley Lowery for sitting in a McDonald's to recharge their cell phones while writing up their coverage of the protests and militarized police riots in response to the police killing of Michael Brown.
Read Reilly's account of his arrest here ("They essentially acted as a military force), and Lowery's here ("'My hands are behind my back,' I said. 'I’m not resisting. I’m not resisting.' At which point one officer said: 'You’re resisting. Stop resisting.'")
Here's a statement sent out tonight by HuffPo's Washington bureau chief Ryan Grim following the arrest, and subsequent release of Reilly and Lowery...
"Ryan was working on his laptop in a McDonald's near the protests in Ferguson, MO, when police barged in, armed with high-powered weapons, and began clearing the restaurant. Ryan photographed the intrusion, and police demanded his ID in response. Ryan, as is his right, declined to provide it. He proceeded to pack up his belongings, but was subsequently arrested for not packing up fast enough. Both Ryan and Wesley were assaulted.
"Compared to some others who have come into contact with the police department, they came out relatively unscathed, but that in no way excuses the false arrest or the militant aggression toward these journalists. Ryan, who has reported multiple times from Guantanamo Bay, said that the police resembled soldiers more than officers, and treated those inside the McDonald's as 'enemy combatants.' Police militarization has been among the most consequential and unnoticed developments of our time, and it is now beginning to affect press freedom."
With all due respect to Grim, and I have much, while "police militarization" has, indeed, been among the most consequential developments of our time, it has not gone "unnoticed" and it has been "affect[ing] press freedom" for quite some time. The BRAD BLOG burned quite a few late-night pixels in a whole bunch of stories back in 2011 during the hey-day of the Occupy Movement trying to make exactly that point loud and clear, and again in 2012 when journalists were being arrested for their coverage. (And, certainly, years earlier than that as well.)
At the time, we also noted that the pretend patriots of the "Tea Party" movement didn't seem to give a damn about any of it, which still rings true today, as we echoed tonight on Twitter while we catching up with the evening's ongoing madness in #Ferguson...
Just a quick thanks to all those Bundy Ranch "patriots" for coming down to #Ferguson and standing up to Big Govt Tyranny.
— Brad Friedman (@TheBradBlog) August 14, 2014
But I'm certain the "patriots" will be arriving anytime now to help restore liberty to the citizens of Ferguson, unless they're home polishing their big manly rifles so they can help "protect our American rights and freedoms"...
The "Overturn Citizens United Act", or Prop 49, will not appear on California's ballot this November after all.
As we reported in some detail last month, the unusual "advisory measure" was placed on the ballot very recently by the California state legislature. It called for Congress to "propose an amendment...to the United States Constitution" to overturn the infamous Citizens United decision and its progeny, and "to make clear that the rights protected by the United States Constitution are the rights of natural persons only."
But now, the state Supreme Court in California, dominated by 5 Republican appointees and 1 Democratic appointee, has intervened to remove the measure from this year's general election ballot, as the Sacramento Bee reports tonight...
We're on the road this week, so can't get into great detail. But not much is needed, as Justin Levitt's piece at Washington Post's "Wonk Blog" does all the heavy lifting.
We've previously reported on the exhaustive study by the non-partisan News21 consortium which found just 10 incidents of possible voter fraud that might have been deterred by polling place Photo ID restrictions in all 50 states from 2000 to 2012. That report was based on all of the official actions filed in each state during that time period, of all forms of potential voter fraud or voter registration fraud or, more broadly, election fraud in general.
But now Levitt --- a constitutional and democracy law professor at Loyola University Law School, who also works on related issues with NYU's Brennan Center for Justice and frequently testifies as an expert in various law suits and hearings regarding voting rights --- offers an update to those numbers. The results are remarkable, though unsurprising to those who have followed the creation of this Republican stalking horse for the past decade.
Levitt's offers an even more expansive investigation than News21's, and includes all known incidents and allegations, even those which haven't been filed formally with election or law enforcement officials.
"To be clear," he writes, "I'm not just talking about prosecutions. I track any specific, credible allegation that someone may have pretended to be someone else at the polls, in any way that an ID law could fix."
His explanation of what he has found --- from every known allegation of this type of voter fraud between 2000 and 2014 in all 50 states --- is staggering, to say the least...
With each passing day it becomes more and more clear --- as if it wasn't from the get-go, when Republicans initially began objecting to Obama's advocacy for a Republican-created health insurance reform plan --- that the GOP's objections to "ObamaCare" have nothing to do with the plan itself and everything to do with the fact that they didn't pass it.
No matter that we'd prefer to see a single-payer plan, where every American enjoys a right to receive good health care, the Affordable Care Act's success in seeing millions of previously-uninsured Americans become insured is no longer debatable by serious people.
And now we begin seeing the upside for corporations like private hospitals as well...
LifePoint Hospitals reported that the percentage of its patients paying for their own care declined from 7.1 percent to 4.8 percent over the last year, according to Bloomberg.
Those trends have led to a brightening financial outlook for the companies, according to Bloomberg. Both HCA and LifePoint increased their fiscal forecast recently as the increase in paying customers became clear. LifePoint specifically estimated that Obamacare added $13 million to its total earnings in the second quarter, 40 percent above its expectations.
Sounds terrible. No wonder Republicans are "furious" about it.
This week's BradCast on KPFK/Pacifica Radio was a fund drive show for the station, but it included some interesting stuff along the way, including an in-studio visit with documentary filmmaker and election integrity advocate John Wellington Ennis, who's newest film, Pay 2 Play: Democracy's High Stakes, has its L.A. "green carpet" premiere next week. (Note: I appear in the documentary, but from the early cuts I've seen, it's excellent anyway.)
It also allowed me to rant a bit about connect a few dots between things like last weekend's aborted "recount" in the California Controller's primary election (which, as I reported earlier this week, helped draw a roadmap for how to steal an election in this state with little likelihood of being caught), and the more-than-decade-long fight for election integrity, including the continuing fight for actual citizen oversight of public elections, which both Ennis and I have waged in parallel journeys.
Moreover, it allowed me to connect some dots again between things like the infamous Citizen's United decision, which cut off much hope for election integrity at its knees in 2010, and the emergence of the mainstream Republican global warming denialist movement. Yes, the two issues are directly connected. (For more on that, which I didn't get time to fully cover on the show as hoped, see this.)
Finally, it also allowed me to talk about, and play some great clips from, three of my favorite election integrity documentaries (one of them Ennis' Free For All: One Dude's Quest to Save Democracy), which we made available as premiums for listeners pledging support for KPFK's fund drive. (And you are still welcome to call the number and offer your support as well, if you like!)
Download MP3 or listen online below [appx 58 mins]...
According to the first-hand account of the AP reporter/witness of Arizona's state-sanctioned killing of convicted murderer Joseph Rudolph Wood this afternoon:
About 10 minutes later, the gasping began.
Wood's jaw dropped, his chest expanded, and he let out a gasp. The gasps repeated every five to 12 seconds. They went on and on, hundreds of times. An administrator checked on him a half-dozen times. He could be heard snoring loudly when an administrator turned on a microphone to inform the gallery that Wood was still sedated, despite the audible sounds.
As the episode dragged on, Wood's lawyers frantically drew up an emergency legal appeal, asking federal and state courts to step in and stop the execution.
"He has been gasping for more than an hour," the lawyers pleaded in their filings. "He is still alive."
The Arizona Supreme Court convened an impromptu telephone hearing with a defense lawyer and attorney for the state to decide what to do.
Wood took his last breath at 3:37 p.m. Twelve minutes later, Arizona Department of Corrections Director Charles L. Ryan declared Wood dead. The state court was informed of the death while its hearing was underway.
It took one hour and 57 minutes for the execution to be completed, and Wood was gasping for more than an hour and a half of that time.
The spokesperson for the AZ Attorney General, however, was "surprised by how peaceful it was"...
California's Democratic Governor Jerry Brown has permitted SB 1272, an advisory measure entitled the Overturn Citizens United Act, to appear on the state's November 2014 ballot.
The measure not only calls upon Congress to "propose an amendment...to the United States Constitution" to overturn the infamous Citizens United decision and its progeny, but "to make clear that the rights protected by the United States Constitution are the rights of natural persons only."
According to state Sen. Ted Lieu (D-Torrance), the author of SB 1272, the measure is intended to send "a message to Congress" that we "should not equate money with free speech and corporations are not people."
A constitutional amendment that eliminated "corporate personhood" would not only invalidate Citizens United but would overturn the newly minted right to "corporate religious liberty" established in Burwell v. Hobby Lobby, Inc. (2014).
Unfortunately, the language Lieu included in the measure stops short of "money is not speech." Instead, the measure simply provides for "full regulation or limitation of campaign contributions and spending, to ensure that all citizens, regardless of wealth, may express their views to one another."
While the ballot proposition is not binding, and has produced critics who describe the measure as little more than a political stunt, if adopted by an overwhelming majority of California voters this fall, it could very well help to ignite a nationwide groundswell of opposition to a series of decisions by an oligarchic Supreme Court that have threatened the very survival of our constitutional representative democracy...
We covered too much on the KPFK/Pacifica Radio BradCast this week to go into great detail here, but the common thread seemed to be: Stamping out Zombie Myths.
In other words, those popular lies and deceptions that never seem to die on everything from e-cigs and vaping to the death penalty to Ann Coulter's voter fraud to Fox "News" propaganda on global warming and polling place Photo ID laws (too many of those to link here) to the fight for marriage-equality in Mississippi.
In other words, there was a lot packed in to this week's 58 minutes, including a lot of bullshit to dispel, a bunch of great callers, and even one who totally disagreed with me on e-cigs and children. That was fun.
Check it out. I think you'll enjoy it...
Download MP3 or listen online below...
P.S. During the show, a caller questioned the facts of a quote I read on air from a press release issued today by the Freedom to Marry organization, citing the first Mississippi mayor to call for marriage equality in the state. The quote in question was from the group's President Evan Wolfson, who said in the statement: "More same-sex couples are raising children in Mississippi than in any other state."
The caller, appropriately, challenged the veracity of the statement, and I promised I'd look into the details, since I had just received the release prior to air time and didn't have the details handy. Now I do. Here's where that claim comes from...
Just in, via HuffPo, a federal judge in California has ruled that the state's death penalty system violates the U.S. Constitution's restriction against "cruel and unusual punishments"...
"California's death penalty system is so plagued by inordinate and unpredictable delay that the death sentence is actually carried out against only a trivial few of those sentenced to death," Carney writes. "For all practical purposes then, a sentence of death in California is a sentence of life imprisonment with the remote possibility of death --- a sentence no rational legislature or jury could ever impose."
Carney continues: "Inordinate and unpredictable delay... has resulted in a system in which arbitrary factors, rather than legitimate ones like the nature of the crime or the date of the death sentence, determine whether an individual will actually be executed. And it has resulted in a system that serves no penological purpose. Such a system is unconstitutional."
The story goes on to note that the judge also vacated petitioner Ernest Dwayne Jones' death sentence --- he had been convicted of first-degree murder and sentenced to die in 1995, and that "an analysis by the Los Angeles Times found that the state spent $308 million on each execution." That analysis underscores what critics of the death penalty have long pointed out, that the cost of killing prisoners far outpaces the cost to the state of keeping them imprisoned for life.
UPDATE: MSNBC's Adam Serwer notes that Judge Carney "was nominated to the federal bench in 2002 by President George W. Bush."
Missouri's Democratic Governor Jay Nixon had an opportunity to encourage people to quit smoking. He didn't take it. In fact, he actually made the choice to help encourage people to continue smoking, despite the fact the deadly habit kills nearly half a million people in the U.S. alone each year.
On Monday, the Governor vetoed Senate Bill 841. While the legislation would have restricted the sale of nicotine vaping products such as e-cigarettes to minors, and required sellers to receive a license from the state, it also exempted the non-lethal devices and products --- which are quickly becoming very popular as a method to quit smoking --- from existing laws and taxes levied against harmful tobacco products.
"This bill appears to be nothing more than a thinly disguised and cynical attempt to exempt e-cigarettes from taxes and regulations protecting public health," Nixon said in his veto message.
This sort of dangerous short-sightedness, unfortunately, is not unusual for Democrats, of late. It also flies in the face of both science and common sense...
Via UC Irvine election law professor Rick Hasen...
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)
• "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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(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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[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...
If the race for Sec. of State in Ohio is any indication, we may have still more evidence now to suggest that the decade-long Republican effort to enact disenfranchising poling place Photo ID restrictions, under the guise of fighting "voter fraud", may be turning a corner toward its final end as a viable GOP voter suppression strategy.
In May we wrote an article titled "Peak GOP 'Voter Fraud' Fraud?", offering several disparate clues to suggest that the well-funded, well-organized, initally under-the-radar national effort by Republicans to disenfranchise Democratic-leaning voters by requiring state-issued Photo ID they knew that many of them did not have, was headed towards a slow, but inevitable death.
That article followed on the heels of a seemingly devastating blow to Wisconsin's Photo ID restriction law by a federal judge who struck it down, finding in his landmark ruling that the statute was in violation of both the U.S. Constitution and the federal Voting Rights Act, and that it was "absolutely clear" that the GOP-enacted law in the Badger State would "prevent more legitimate votes from being cast than fraudulent votes."
Our legal analyst Ernie Canning analyzed the WI ruling along side the other federal challenges against similar laws that are still pending in states like Texas, North Carolina and Arkansas, to suggest the WI decision "does not bode well for Republicans who have been attempting to advance such electoral schemes in recent years, as based on misleading 'facts', wild claims and dishonest interpretations of case law and court precedent." His legal analysis attempts to explain why the WI case "would likely mark the beginning of the end for Republican-enacted, polling place Photo ID restrictions."
We'll see if we're right in the months ahead, but the race for Secretary of State currently under way in Iowa to replace the incumbent Republican SoS --- one who had been embarrassed to find next to no "voter fraud" after running in 2010 on the notion of stamping it out --- suggests that even Republicans are moving on to other ideas...