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By Brad Friedman on 8/19/2014 11:36am PT  

The "streets" did not "flare up". The cops in Ferguson flared it up, perhaps, according to pretty much all of the live coverage we followed for hours last night on TV, on the web and, most crucially, on Twitter.

No clue what "problem" Fire Boy above thought he was trying to solve with his 9/11 Wars souvenir, but you can bet it hasn't been solved.

We recently wrote a "Tale of Two Protests" comparing the mostly peaceful protesters of Ferguson, MO following the police shooting of unarmed African-American teen Michael Brown, to the threatening armed protests by supporters of scofflaw rancher Cliven Bundy in Bunkerville, NV earlier this year.

Where the amped-up, Hollywoodized, militarization of the police in Ferguson has resulted, largely, in making the cops look like clowns and idiots for their over-aggressive tactics and firepower (see the front page of today's St. Louis Post-Dispatch above for just the latest example of that buffoonery, here's more), the amped-up, Hollywoodized, militarization of the so-called "Tea Party" "patriot" protesters in Bunkerville and their semi-automatic rifles trained on the heads of law enforcement officials, succeeded in little more than making those protesters look like clowns and idiots. It also offered an apparently compelling reason as to why law enforcement "needs" to arm up in response to such deadly, direct threats.

Meanwhile, over at his own blog today, Patrick Blanchfield offers a related observation of the shameful differences between the nation's treatment of a rancher who stole more than a million dollars from the federal government in Bunkerville, versus the kid in Ferguson who was shot at least six times by a police officer after having, allegedly, taking a handful of cigars from a convenience store. And its additionally embarrassing.

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By Brad Friedman on 8/15/2014 6:51pm PT  

[An updated version of this article has now been published by Salon. Updates to the version posted here, following the weekend's developments in Ferguson, are posted at the end of the article.]

On Wednesday night, I had snarked on Twitter about the lack of so-called "Tea Party" "patriots" --- like those brave boys and girls who, earlier this year, pointed their big assault-rifles at federal officials to protect the "right" of a scofflaw rancher in Nevada to illegally graze his cattle for free on land that he did not own --- failing to show up to protect the actual rights and freedoms of so many being denied them by actual Big Government Tyranny in the streets of Ferguson, Missouri.

Some Rightwingers, like libertarian Justin Raimondo of Antiwar.com shot back at me (figuratively) on Twitter, arguing that "The Bundy patriots didn't take BS from the cops. They stood and fought," adding that the Ferguson protesters were facing the "same fight" and, had those protesters only brought guns with them, the police would have backed down. Or something.

"Would the cops be murdering blacks in #Ferguson if the people were armed? No," Raimondo told me, as if he just arrived in the U.S. from some other planet. "Armed resistance tends to discourage aggression," he insisted, between some silly ad hominem bluster in which he charged me with "worship[ing]" the government, and "lov[ing] the state that murders blacks" (also of being a "loser" with a "fat ass" or some such, but that's even easier to laugh at).

And then something changed on the streets of Ferguson Thursday night, which made Raimondo's comments seem even more transparently silly.

After the fully-militarized police were pulled away, ordered by the Missouri Governor to be replaced by grown-ups who marched with the protesters, calm and even jubilance returned to the previously tear gas-filled streets of Ferguson, MO. The contrast on Thursday night from the days prior couldn't have been more stark, according to virtually everyone on the ground there. It was the police, not the protesters, who had exacerbated roiling racial tensions, arrested reporters and needlessly filled the streets with panic and tear gas in the days prior, just as assuredly as it was a Ferguson cop who killed Michael Brown, an unarmed African-American teen who was supposedly stopped for nothing more than alleged "Jay Walking".

It was peaceful citizens, with their empty hands in the air --- not pretend "patriots" aiming long guns at the buffoonish, intimidating, embarrassing, jungle-camouflaged-in-exurban-streets cops --- who may ultimately be seen as the ones who helped begin a national rollback of the absurd militarization, perhaps better described as "Hollywoodization," of our nation's law enforcement organizations.

It was not armed resistance, but peaceful resistance that may have brought about real, if tenuous, change in Ferguson, and maybe even the rest of the country...

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

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By Brad Friedman on 8/14/2014 9:54am PT  

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.

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Fully-militarized police shut down town, try to shut down press coverage, while 'Tea Party' 'patriots' still nowhere to be found...
By Brad Friedman on 8/13/2014 10:34pm PT  

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...

"We are relieved Ryan Reilly and Wesley Lowery are safe, but we are disturbed by their arrest and assault.

"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...

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"...

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By Brad Friedman on 8/12/2014 5:42pm PT  

[Hat-tip @GGreenwald...]

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UPDATED with response, petition from 'Yes on Prop 49' proponents...
By Brad Friedman on 8/11/2014 9:49pm PT  

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...

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

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By Brad Friedman on 8/7/2014 3:24pm PT  

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...

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

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By Brad Friedman on 8/1/2014 6:35am PT  

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...

Hospital Corporation of America, the biggest for-profit hospital network in the country, reported a 6.6 percent decrease in uninsured patients across its 165 hospitals, according to Bloomberg. And in the four states where HCA operates that expanded Medicaid, the drop was 48 percent.

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.

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GUEST: Filmmaker John Wellington Ennis
By Brad Friedman on 7/24/2014 8:33am PT  

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]...

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By Brad Friedman on 7/23/2014 10:17pm PT  

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:

Officials administered the lethal drugs at 1:52 p.m. Wood's eyes closed.

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"...

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

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State legislature, governor add proposition to general election ballot calling for amendment to overturn 'Citizens United'...
UPDATE: 'Overturn Citizens United Act' will appear as 'Prop 49' on November ballot | LATER UPDATE: No, it won't...
By Ernest A. Canning on 7/18/2014 1:24pm PT  

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...

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

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By Brad Friedman on 7/16/2014 9:50pm PT  

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...

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

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By Brad Friedman on 7/16/2014 1:03pm PT  

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"...

U.S. District Court Judge Cormac J. Carney handed down an order Wednesday, finding that the system is arbitrary and in violation of the Constitution's 8th Amendment.

"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."

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By Brad Friedman on 7/14/2014 2:00pm PT  

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...

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

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By Brad Friedman on 7/9/2014 6:05am PT  

Via UC Irvine election law professor Rick Hasen...

Thanks to a reader for pointing out last week’s district court order [PDF] in the Texas voter id case. The court mostly denied Texas’s motion to dismiss, even allowing claims to go forward at this point on voter id as a poll tax and as a First Amendment violation. That’s not to say these will be winning claims, but it is significant that plaintiffs will get to advance a number of federal theories against the id law.

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)

"Federal Judge Orders TX to Produce Legislative Docs That May Prove Polling Place Photo ID Restriction Law Was Racially-Motivated" (4/7/2014)

"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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Brad is an independent investigative
journalist, blogger, broadcaster,
VelvetRevolution.us co-founder,
expert on issues of election integrity,
and a Commonweal Institute Fellow.

Brad has contributed chapters to these books...


...And is featured in these documentary films...

Additional Stuff...
Brad Friedman/The BRAD BLOG Named...
Buzz Flash's 'Wings of Justice' Honoree
Project Censored 2010 Award Recipient
The 2008 Weblog Awards



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