Guest blogged by Ernest A. Canning

Election laws in Wisconsin are not covered by Section 5 of the federal Voting Rights Act, which would otherwise require the Dept. of Justice or a federal panel of judges to "preclear" such laws to assure they are not discriminatory. Thus, it falls to non-governmental organizations, such as the American Civil Liberties Union (ACLU), to take legal action in hopes of protecting Constitutional voting rights for citizens of the Badger State.

That's exactly what the organization did this week, in filing a 54-page federal complaint on behalf of some 17 named plaintiffs --- including elderly, student, minority and even veteran voters --- who may well be unable to cast their once-legal vote under the state's new voter suppression bill passed earlier this year by its GOP legislature and signed into law by its Republican Gov. Scott Walker.

The lead plaintiff in Frank vs. Walker [PDF], the ACLU's class action lawsuit filed in the U.S. District Court for the Eastern District, seeking to halt enforcement of the state's new photo ID voting restrictions, is 84-year old Ruthelle Frank.

As we previously reported, Frank has been a lawful resident of Brokaw, WI since her home birth in 1927. Although she has voted in every election since 1948 and is an elected member of the Brokaw Village Board, she learned that she may be barred from voting come February 2012 because she lacks one of the official photo IDs mandated by that state's new vote-suppressing photo ID law.

She was born at home, without a birth certificate, and will be forced to pay $20 to get one in order to get her supposedly "free" ID to vote. But even that may not be enough. Frank recently learned she may not be able to comply with the state GOP's Photo ID restriction unless she coughs up upwards of $200 to amend the Register of Deeds record of her home, which had misspelled her maiden name.

The feisty octogenarian, however, was not about to quietly accept this assault on a right she had exercised without interference for the past 63 years (see a video interview with her below), and so she agreed to lead the ACLU suit.

The ACLU complaint, however, may serve to be larger than just the 17 voters (and thousands of others included as part of 6 different classes) in the state of Wisconsin. If it succeeds, the lawsuit could have national implications that would go well beyond the question of who gets to vote in Wisconsin in the 2012 Presidential election. The case could serve to reverse the bevy of voter-suppression laws being enacted by Republicans in state after state in the wake of their take-over of statehouses across the nation in November of 2010...

Golly. All those pinko, commie, terrorist-loving Leftists who have long been warning about the dangers of Big Government overreach and the dangerously increasing use of terror tools against U.S. citizens --- the same thing that "Tea Party" RWers pretended, only after Obama's election, to be concerned about --- were nothing but America-hating alarmists, weren't they?

From KTLA::

It's a shame the Predator B Drone didn't just unload some heat-seeking missiles on the three suspected cow rustlers, eh? Think of all the gas money they could have saved the Sheriff's office from having to drive in and arrest them in person.

What was it that you "Tea Partiers" were saying about Big Government and Big Brother again, even as you were then, and are still now, supporting the unfettered, unConstitutional use of terror tools in the "War on Terrorism U.S. Cow Rustlers"?

And what will you use an excuse to rationalize it all this time? Our comment section is open for your hypocritical justifications, as usual.

Congrats to all voters of Ohio for successfully pushing back against the GOP's efforts to keep you from voting in next year's Presidential election! It's another win for democracy, and another loss for the Buckeye State's Republican Gov. John Kasich (following on the recent landslide loss of his anti-union bill at the polls last month.)

Today, Secretary of State John Husted (R), officially certified that opponents of HB194 --- the anti-voting bill that would have shortened early voting hours and imposed other big government restrictions on the exercise of the franchise in Ohio --- were successful in their effort to place the law on the ballot for a voter referendum in 2012. Thus, the act, passed by the GOP legislature and signed by Kasich earlier this year, is officially suspended for now.

As we noted in September, after opponents of the bill had turned in more than 300,000 for certification to the Sec. of State, ThinkProgress' Tonya Somander summarized the bill's restrictions on voting this way:

According to Fair Elections Ohio's announcement of the official signature certifications this afternoon, opponents of the voter suppression law gathered "307,358 valid signatures, over 75,000 more than were needed."

"The voters are sending a message to the Ohio politicians and legislatures across the country, says FEO's Greg Moore, "voting rights restrictions will not be tolerated by the people."

The group's press release, issued this afternoon, follows in full below...

I don't have time today to thoroughly debunk all the reprehensible, anti-democratic, anti-American horseshit hurled by this FL State Rep. Dennis Baxley --- the original sponsor of Florida's new voter suppression laws, limiting early voting hours and imposing new big government regulations and huge fines against voter registration workers --- as seen in the following interview on Al Sharpton's Politics Nation show on MSNBC this week.

Fortunately, most readers of The BRAD BLOG will be able to smell the bullshit of the smirking, democracy-hating Baxley a mile away even without my point-by-point rebuttal. So I'll just run the video here for now without much comment, as it needs to be seen to be believed.

Near the front of the interview, Baxley admits that there's been no voter fraud problem in FL, and by the end he's charging (without a stitch of evidence, naturally) that the non-partisan League of Women Voters, who have been registering voters in the Sunshine State for some 72 years --- but who have now canceled their registration program for 2012 thanks to the onerous new GOP restrictions and fines on registration workers --- is actually a partisan Democratic organization! Who knew?

My loathing towards those who knowingly undermine American democracy is difficult to contain. So consider my restraint today an undeserved favor to you this afternoon, Mr. Baxley.

Oh, and for good measure, here's some info on some Florida school teachers recently arrested and/or charged for registering students to vote in apparent violation of Baxley's new anti-voting laws!

One thing I'm happy to see this year at least: MSNBC has been covering the GOP War on Voting --- at least the front-end war, the part in which Republicans are trying to keep millions of legal voters from being able to cast their legal vote at all --- very well this cycle, on many of their shows. Hopefully they'll soon begin covering concerns about the accuracy and transparency of the vote count itself, at least the vote counts of those who find themselves able to cast a vote in 2012, in any case.

If you'd like more details on the above...Earlier on the same show, Deirdre Macnab, President of the non-partisan LWV Florida, explained to Sharpton why they've been forced to stop their registration program in Florida after 72 years. As they note on their web page where the interview is posted...

That much shorter interview follows below...

Guest blogged by Ernest A. Canning

Many of the individuals who were swept up by last week's LAPD raid on the Occupy LA encampment at Los Angeles City Hall were arrested even as they attempted to disperse in accordance with police directives, according to testimonials from some who were detained in the early morning hours of November 30th and held on misdemeanor charges for days after.

Their videotaped testimonials [some of which are posted below] both corroborate and reinforce the excessive force and post-arrest abuse charges detailed in our previous article on the Occupy LA raid, in which detainees charged that they were hand-cuffed behind their backs and left to languish inside L.A. County Sheriff's Department (LASD) buses for eight to nine hours without access to food, water, medicine, or toilets as they were left to urinate on themselves in their seats.

The details also suggest that these conditions were imposed upon innocent demonstrators who were the victims of indiscriminate, false arrests by law enforcement officials. Worse, one written account suggests the LAPD's misconduct included not only pillaging the encampment and police brutality, but even torture...

Guest editorial by Ernest A. Canning

"I think democracy is the most revolutionary thing in the world," former British MP Tony Benn said when interviewed by Michael Moore in Sicko! --- "more revolutionary than socialist ideas…because...you have the power to use it to meet the needs of your community."

"If the poor in the U.S. and Britain turned out to vote for people who represent their interests," Ben continued, "it would be a real democratic revolution."

There is a fundamental difference between guarding against being co-opted by the corporate interests which presently control the leadership of both the Republican and Democratic Parties and refusing to vote altogether as an infantile form of protest...

We've long been warning --- beginning with Chicago's Democratic Mayor Rahm Emanuel's initial arrests of 175 peaceful Occupy demonstrators in late October, and again following the subsequent brutally violent crackdown by the Oakland PD on peaceful Occupiers there on the orders of Democratic Mayor Jean Quan --- of the growing likelihood of an "#OccupyDNC2012" at next year's convention in Charlotte, North Carolina, unless Dems wise up (and quickly) and figure out that it'll be far smarter to work with demonstrators on their legitimate grievances, rather than fool-heartedly try and crush the Occupations in hopes that they will simply go away.

Given that, shamefully, we've seen a series of (theoretically) left-leaning Mayors continuing the use of this ill-considered technique --- even upping the violent ante in many of the "crackdowns" since --- one must wonder if all of these Democrats have simply forgotten about 1968, are too young to know about what actually happened there, or simply don't give a damn for some unknown reason.

The BRAD BLOG's legal contributor Ernest Canning --- who was deployed to Vietnam at the time, so was unaware of what had actually happened outside the Democratic National Convention in 1968 in Grant Park (the very location where, ironically, Barack Obama would give his moving Presidential victory speech in 2008) until learning about it upon his return home the following year --- flagged these poignant reminders for us all...

Look familiar? Ignore those videos, and history, at your own peril, Democrats.

Oh, and look, the official website for the 2012 Democratic Convention offers this helpful advice at the very top of its home page!:

Do you suppose they really mean that? If so, do you suppose they'll still really mean that by the opening day of the DNC on September 3rd next year?

Guest blogged by Ernest A. Canning with Brad Friedman

[Article now UPDATED at bottom with new information on the LAPD release of detainees.]

Much of the good will and plaudits earned by Los Angeles Mayor Antonio Villaraigosa and LAPD Chief Charlie Beck for their "minimal use of force" tactics employed to clear OccupyLA demonstrators from City Hall Park earlier this week has been quickly squandered in the hours and days since. The BRAD BLOG has learned that hundreds of peaceful arrestees were kept in often deplorable conditions in the hours following their apprehension.

According to new interviews with some of the arrestees following their release, men and women alike were held without charges for hours on end, forced to urinate in their seats on a holding bus while handcuffed, cut off from attorneys, medical supplies, and drinking water, and locked away with punitively high bails while being deprived of both humane and Constitutional rights.

At this hour, almost three full days after their arrest at the OccupyLA encampment in front of Los Angeles City Hall, more than 200 of the peaceful demonstrators detained by LAPD in the evening on Tuesday and early morning hours on Wednesday --- many of them who were not even participating in the Occupation --- are still being held in jail pending $5,000 bail for their misdemeanor detentions, as detailed by radio station KPCC. Approximately fifty people have been released, some after posting bail, others for medical reasons.

KPCC went on to report that on Thursday, only 19 of those people had yet to be charged. The City Attorney's office said that, depending on the charge, some would face bail as high as $20,000.

This morning, Los Angeles Times reported that most of the 19 who were allowed to appear in L.A. County Superior Court Thursday were released without bail, but on the "condition that they not return to the City Hall area, where the protesters had camped." The Times went on to note that most of those still held without being charged have no criminal record...

I was honored to have both the infamous "OccupyFreedomLA" (aka Freedom) and the notorious "OakFoSho" (aka Spencer Mills), citizen journalists both, join me live in-studio today on my KPFK/Pacifica Radio show after they spent the entire night live video-streaming the LAPD's de-occupation of OccupyLA at City Hall for the entire world.

I was right there with them, last night, and this morning --- at least on the Internets --- following their invaluable reporting and video feeds (OakFoShow's Ustream page here, OccupyLAFreedom's Ustream page here) until just about 5:30am.

So it was awesome to meet them in person to discuss the art of live-stream citizen journalism, get the scoop on how they do it, how you too can also be the media as a live-streamer with little more than a smartphone, and to get some inside skinny on what happened last night as they tried to help counter the spin by corporate media and the 1,400 strong LAPD contingent, to ensure that "the whole world was watching."

It was a fun and, hopefully, informative interview/discussion. Give it a listen!

Download MP3 or listen online here...

P.S. Naturally, both of 'em live streamed the interview from the studio as it happened! So, while the sound quality isn't nearly as good, and you won't get to hear the sound clips or music from their inside-the-studio cameras, the archived video versions of each of their live streams follow below, if you prefer...

Guest blogged by Ernest A. Canning

The City of New York and the NYPD are engaging in a deliberate campaign of "mass arrests, illegally arresting protesters, including bank customers, and needlessly detaining them for excessively long periods...in order to facilitate and promote the CITY OF NEW YORK's desired reputation as corporate friendly and pro-bank."

So says a federal complaint filed by a woman and her fiancée who allege that they were inappropriately detained by New York City police last month inside a branch of Citibank in downtown Manhattan. [Video of the extraordinary arrest is posted at the end of this article.]

The civil rights suit, Carpenter vs. City of New York, has been filed in the U.S. District Court for the Southern District of New York by Heather Carpenter, a 23 year old student and direct care counselor for the mentally disabled, and her fiancé, Julio Jimenez-Artunga.

The complaint arises out of an Oct. 15 mass arrest at a Greenwich Village branch of Citibank during which Carpenter closed her account, quietly exited the bank and even offered a receipt to prove she was a customer, only to be physically accosted by the NYPD, dragged back inside the bank, arrested and charged with criminal trespass and resisting arrest. According to the complaint, the DA subsequently has said that the charges would be dismissed for lack of evidence...

3:31am PT: Mayor Antonio Villaraigosa and LAPD Chief Charlie Beck give a very brief statement to media. Villaraigosa lauds Beck, saying that he's never seen such a well handled resolution. "This is a man who understands that Constitutional policing is the only way to go," said the Mayor.

For his part, Beck explained that "60 days ago we started a relationship with Occupy LA demonstrators," which allowed some 1400 officers tonight to use "an absolute minimal use of force" to clear the park.

Commander Andy Smith answers questions after the Mayor and the Chief leave, says that while dogs are still going through things, he is aware of no weapons or drugs found in the park. He lauds the demonstrators for "A fantastic job as far as the folks in there being non-violent." He said no pepper spray, tear gas or batons had to be used as hundreds of demonstrators were cleared from the park.

And yes, there are reportedly still four more demonstrators --- and one dog --- up in the trees...holding the Occupation...

Here is the full audio of the brief, 2 minute statement by Villaraigosa and Beck, as taken from OakFoSho's live video stream --- apologies for the very poor sound quality, thanks to the helicopters above the park...

Hopefully, here endeth our report for tonight. Read below from the bottom up --- as well as see our twitter feed --- if you'd like to relive it all as we did all night tonight...

3:21am PT: Not done after all. Citizen journalist Spencer Mills, better known as live streamer "OakFoSho," has been given permission to cover Mayor Villaraigo and Chief Beck's statement in front of city hall. Minutes away. See OakFoSho's stream below.

By the way, OakFoSho and OccupyFreedomLA are both scheduled to be our guests tomorrow on KPFK at 3:30pm PT on 90.7FM in Los Angeles and streaming live on KPFK.org. [UPDATE: That interview --- both audio and live video stream(s), naturally --- now here.]

Returning for the first time to Oscar Grant Plaza in Oakland, where the eviction of peaceful Occupy Oakland demonstrators on October 25th eventually resulted in his critical injury at the hands of a member of the Oakland Police Department's multi-agency task force, Scott Olsen gave his first interview this week since his recent release from the hospital. [Video posted at bottom of article.]

The 24-year old, two-tour Iraq vet and former U.S. Marine was struck by a projectile, believed to have been a CS gas canister fired by a law enforcement official, as he stood with other peaceful Occupy Oakland demonstrators just before police opened fire on them.

Contrary to a statement given by the OPD's Interim Chief Howard Jordan on the night of the confrontation with demonstrators in Oakland, so far no evidence has emerged to support Jordan's claim that police "had to deploy gas in order to stop the crowd and people from pelting us with bottles and rocks." In fact, a November 2nd analysis by The BRAD BLOG of video tape and eye-witness statements from that night suggests quite the opposite, that the police planned to fire on demonstrators before there was any sign of violence by protesters.

The action which resulted in Olsen's injury, as we reported, would be in apparent violation of both state law and a federal consent decree signed by the OPD after similar violence against anti-war protesters in 2003. Following our report, the OPD somewhat walked back Jordan's so far evidence-free remarks to the media following the assault.

In the video interview, Olsen displays a remarkable memory of the events of the night --- particularly given the bloodied, apparent state of shock he was seen in as he was carried off by fellow demonstrators shouting "Medic! Medic!" in video tapes of the incident.

As seen in the interview, he also now has trouble with his speech, thanks to the damage sustained to the left frontal lobe of his brain, according to David Id, who posted the interview on Monday at the East Bay Indy Media website.

Olsen tells Id that his condition has been improving. We'd say remarkably so, given the injury he sustained just over one month ago, which sent him to the hospital in critical condition with a fractured skull and a swelling brain in the early morning hours of October 26th.

His indomitable spirit, evidenced throughout the short interview in which he offers a message to police, politicians, and demonstrators alike, is remarkable as well, as he is seen smiling while responding to each of Id's questions, explaining what he recalls of that night in the moments both before and after he was shot...

It was a long night at the OccupyLA encampment outside of City Hall. The celebratory mood during the day had turned to tension at night, as the 12:01am Monday deadline loomed for what Los Angeles Mayor Anthony Villaraigosa had announced on Friday as the "date certain" when peaceful demonstrators would no longer be able to peacefully demonstrate in the overnight encampment on the lawn at City Hall.

57 days of free speech and peaceable assembly were fine, apparently, but 58 days would simply be a bridge too far. Or so Villaraigosa had made it sound during his presser that night, with LAPD Chief Charlie Beck by his side. They each took the opportunity then to praise the "Occupy LA movement for its peaceful efforts to change the national political and economic conversation."

But, as LAPD cops and the Mayor had been telling (often skeptical) demonstrators for the last several days: "We are not Oakland. We are not New York City." They had promised that there would not be a repeat of the horrific scenes which had gone viral on YouTube in other cities, where peaceful demonstrators were shot, beaten, "nudged," pepper sprayed, threatened and tear gassed during violent confrontations created by the police themselves, as they attempted to evict OWS encampments elsewhere.

One long-time demonstrator told us hours prior to the expected shut down last night, the LAPD had taken great pains to work with the L.A. protesters from the beginning of their encampment nearly two months ago. There has been a cooperative spirit with them from the beginning, she explained, noting that it seemed the LAPD was "still haunted" by the 2007 May Day Riots (which The BRAD BLOG covered live as it happened, and again when they finally reached a $13 million settlement in 2009 with the victims of their outrageous, inappropriate and unnecessary violence which included rubber bullet attacks on peaceful demonstrators and attacks against journalists attempting to cover it).

Last night's eviction never came, as protesters, media --- both corporate and citizen --- all took to the streets (and skies) around City Hall all night long. There was little show of force by the police, as they were mostly missing altogether through the night, with a few hundred, at best, appearing in the very early hours with helmets (but not full riot gear as seen elsewhere) largely to patrol intersections in an attempt to keep folks out of the street. Ironically, at about 3:30am, they spread the word that protesters should go back to City Hall Park, that they'd only be arrested if they were in the streets. There were just three such arrests total last night and the camp is still standing as of this morning.

The mixed messages from officials led one citizen journalist --- an OccupySF live video streamer who had come down from the Bay Area to cover the deadline here in L.A. --- to mention wryly as his camera rolled in the early hours: "The LAPD seem to want something from us, but it's unclear what their demands are"...

Guest editorial by Ernest A. Canning

A post on Tuesday on the hard right Republican website Free Republic suggests that opponents of the Occupy Wall Street movement may well be injecting themselves into the demonstrations' open consensus process in order to confound the objectives of the nascent movement.

"[We n]eed LA Freepers to show up to block this vote by the Occupy LA General Assembly," the poster identifying him/herself only as "joinedafterattack" wrote in apparent hopes of scuttling a discussion that night about a proposal being negotiated with the LA City Council to trade 10,000 square feet of office space and some farmland with demonstrators in exchange for their voluntary exodus from the lawn in front of City Hall.

The call by the rightwingers to take part in a General Assembly meeting at OccupyLA for the specific purpose of blocking a proposal (one that was rejected, in any case, by the majority of demonstrators that night) exposes the vulnerability of Occupy Wall Street's "consensus" decision-making and an internal contradiction between a movement which rails against rule by the 1% even as it permits the one to block the will of the many...

Guest blogged by Ernest A. Canning

Last September The BRAD BLOG, unlike the corporate-owned media, offered detailed coverage of a U.S. Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights hearing on the spate of GOP voter suppression laws (PART 1 and PART 2).

Now, Robert Greenwald's Brave New Films has produced a powerful video that exposes the Koch-funded assault on your democracy, along with a petition that you can sign demanding that the Eric Holder-led Department of Justice live up to its name...