Guest editorial by Ernest A. Canning

Citizens United rejected a congressional legislative ban on corporate campaign contributions. It says nothing about the ability to tax such contributions...

Guest blogged by Ernest A. Canning

"When you let university administrators or other employers rather than women and their doctors dictate whose medical needs are legitimate and whose are not, a woman’s health takes a back seat to a bureaucracy focused on policing her body." - Georgetown Univ. Law Student, Sandra Fluke

One unfortunate aspect of the firestorm surrounding Rush Limbaugh's profoundly uninformed, deceptive and misogynistic vitriol and calls for accountability for the Rightwing radio blowhard, is that it has completely overshadowed the substance of Fluke's testimony on the importance of access to prescription contraceptives to women's health.

The Limbaugh firestorm has also overshadowed the fact that the American Taliban (aka the elected Tea Party House Republicans) prevented Fluke from testifying at a House Oversight Committee hearing, framed by the Republican majority as a hearing on "religious freedom", because, as the Washington Post described, "she was not a member of the clergy."

Indeed, while much is made of the fact that the first panel at the 2/16/12 House Oversight Committee examining an issue vital to women's health was all-male, few have taken note that it was also all-clergy. In opening the hearing, Committee Chairman Darrell Issa (R-CA) announced: "Today, the committee will hear testimony from leaders of different faiths."

Not only did the right-wing GOP House leaders fail to so much as recognize Fluke's right to be heard, but, according to Minority Leader Nancy Pelosi (D-CA) (see video embedded in above-linked Washington Post article), they also refused to permit House Democrats to use the House Recording Studio as part of an effort to try and prevent the public from seeing and hearing Fluke's testimony at all. Instead, Pelosi and the Democrats of the Democratic Steering Committee were forced to hold a separate, unofficial "forum", in order to hear Fluke's testimony.

The video of Fluke's opening statement, the testimony that Republicans sought to prevent from being heard at all, is now posted below.

But it is the larger, arguably more disturbing constitutional ramifications of the actions of House Republicans that we'd like to take a moment to highlight on, as they have been almost entirely overlooked in this unnecessary brouhaha...

Guest editorial by Ernest A. Canning

Last September's hearings before the U.S. Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights established that polling place photo ID restriction laws have nothing to do with eliminating "voter fraud."

They are, instead, part of what Judith Browne Dianis, a civil rights litigator at The Advancement Project, described at the time as the "largest legislative effort to roll back voting rights since the post-Reconstruction era" --- part of the partisan, multi-state effort by the billionaire Koch brothers-funded, Paul Weyrich co-founded American Legislative Exchange Council (ALEC)-fueled GOP exercise in voter suppression. Her testimony established, yet again, that such laws have a disparate impact upon minorities, the poor, the elderly and students (all of whom happen to have the unfortunate tendency of voting Democratic).

Despite the national nature of this coordinated, well-documented and well-funded assault on minority voting rights, so far the U.S. Department of Justice (DoJ) has confined its legal response to such newly-enacted laws to only the small number of "covered" jurisdictions, for example, South Carolina, that are subject to Section 5 of the Voting Rights Act (VRA). That section of the law requires federal preclearance for new election-related laws in those "covered" jurisdictions, since they each have demonstrated a long history of racial discrimination.

The narrow action taken by the DoJ to date, as based only on Section 5 of the VRA, could all change if they took the time to study the content of the new complaint, Jones v. Deininger [PDF], as filed last week in the U.S. District Court for the Eastern District of Wisconsin. The complaint alleges that Wisconsin's new polling place photo ID law ("Act 23") "is a voter suppression law that burdens African-American and Latino voters most heavily [which]...results in them having 'less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice,' and, thereby, constitutes a denial and abridgment of their right to vote in violation of Section 2 of the Voting Rights Act."

The complaint in Jones, which was signed by attorney Charles T. Curtis, Jr. of Arnold & Porter, LLP, seeks to enjoin the implementation of Wisconsin's Act 23 and a declaration that it violates Section 2 of the VRA. When asked whether he contemplates seeking a preliminary injunction on the new law prior to the next election, Curtis was only able to tell The BRAD BLOG at this time that they "want to move the case as quickly as the Court will allow, and plan to request a pretrial conference to discuss motion and briefing schedules."

The additional question remains, however, will the U.S. DoJ defend federal law by opting to join this lawsuit as a plaintiff?...

Guest blogged by Ernest A. Canning

On Tuesday, a divided three judge panel of the U.S. 9th Circuit Court of Appeal ruled that California's Proposition 8 ban on same-sex marriage --- a right that had otherwise previously existed for same sex couples in the state --- violates the Equal Protection Clause of the 14th Amendment of the U.S. Constitution.

The majority opinion in Perry vs. Brown [PDF] this week decided an issue that was so narrow and so tightly crafted to meet the criteria of a 1996 U.S. Supreme Court decision, Romer v. Evans, that it minimized the chances that the U.S. Supreme Court will decide to hear the case, let alone reverse the decision.

As we examine the future course of the Prop 8 litigation, it's appropriate, if only briefly --- while this particular issue remains far away in the rear view mirror --- to offer a reminder of the still unresolved question as to whether CA voters actually approved the controversial measure at the ballot box in the first place...

Guest editorial by Ernest A. Canning

The title of historian Kevin Phillips' otherwise excellent work, Wealth and Democracy: A Political History of the American Rich, is somewhat misleading. With the exception of constitutional monarchies, which preclude royalty from all but figurehead status, democracy and the concentration of great wealth cannot co-exist in the same society.

If citizens can see past the corporate media-erected contest of personalities so as to examine how it reflects the undemocratic structure of our society, the 2012 Presidential election can provide us with a teachable moment of great value. This is true whether we examine the flood of SuperPAC monies, courtesy of the now infamous Citizens United decision, the striking similarities in their methodology of wealth acquisition depicted both in the 1987 movie Wall Street through its fictional Gordon Gekko and in real life by Bain Capital and Mitt Romney, the ridiculously low 13.9% federal taxes on Romney's $21.7 million income in 2010, his extensive Goldman Sachs holdings and as much as $32 million maintained in off-shore accounts, or the fact that only one, essentially marginalized Presidential candidate in either of the two major political parties --- Ron Paul --- is willing to discuss an end to perpetual war and our global military presence.

Here, Mitt "Gordon Gekko" Romney provides the principle focus, not because of personality, or "envy", but because his candidacy affords an opportunity to explore the inconsistency between wealth and democracy...

Guest editorial by Ernest A. Canning

I am old enough to remember not only the civil rights movement but that, amongst all the Southern Jim Crow states, Mississippi had absolutely the worst reputation. It was the state where, in 1955, Emmett Till, a 14-year old African-American from Chicago was lynched, burned and so badly mutilated his own mother couldn't recognize his corpse --- all because he whistled at a white woman (we'll spare you the horrific photo, but it's available here if you'd like to see it); where, in 1963, the NAACP's Medgar Evers was gunned down outside his home; where, in 1964, three civil rights workers attempting to register voters were lynched.

I have no doubt that the 83% of MS whites who, this past November, as we now learn in a new analysis, voted in favor of a state constitutional amendment that would mandate polling place photo ID restrictions as a prerequisite to voting --- as compared to more than 75% of non-whites who voted against polling place photo ID --- would vehemently deny their vote was racially motivated. They would do so even though African-Americans are more than three times more likely to lack photo IDs than whites and even though study-after-study has exposed the lie in the GOP's baseless claims that such laws are needed to prevent "voter fraud."

But I am also relatively certain that race played a role in the inability of so many of the children and grandchildren of formerly Jim Crow Mississippi to appreciate what it is that photo ID truly seeks to accomplish...

Guest blogged by Ernest A. Canning

This week, the Montana Supreme Court stood up to the U.S. Supreme Court's Citizens United decision, rejecting the much-criticized 2010 federal decision by declaring that, in their state at least, a century-old prohibition on corporate money in local politics will be allowed to stand.

By way of a 5-2 decision in Western Tradition Partnership, Inc. vs. Attorney General of Montana [PDF], the state's high court upheld the constitutionality of the long-standing Corrupt Practices Act of 1912, which prevents direct contributions by corporations to candidates or political committees. The law does not, however, prohibit voluntary individual contributions to separate segregated funds created by shareholders, employees or members of a corporation.

The state law also mandates disclosure of who pays for political communications, while the 2010 Citizens United ruling allows for unlimited secret money to flood into campaigns, for use either for or against any particular candidate.

The majority opinion in the Montana case, written by Chief Justice Mike McGrath, sought to distinguish their state law from Citizens United vs. Federal Election Commission [PDF] by pointing to factors in the state --- its dependence upon agriculture and extractive resource development, as well as its sparse population and history of low campaign expenditures --- which, he claimed, make the state "especially vulnerable to...corporate control to the detriment of democracy".

Even one of the dissenters in the MT decision, Justice James C. Nelson, while making clear that he believes the SCOTUS decision likely takes legal precedent over their own state law, offered a blistering critique to the very underpinnings of Citizens United --- a case we previously predicted "will live in infamy" --- by taking direct aim at the absurd concept of "corporate personhood" in his dissenting opinion...

Guest blogged by Ernest A. Canning

In light of GOP Presidential front-runner Newt Gingrich's recently revitalized attacks on the judiciary as, apparently, not yet extreme or activist enough for his tastes --- though he finds, like most of the other GOP candidates, Justices Roberts, Scalia, Thomas and Alito to be "pretty darn good" --- it's worth taking note of just some of the recent behavior, judicial temperament and fundamental principles of those far-Right extremist Supreme Court Justices he apparently does approve of.

To that end, the opening paragraph of a Nov. 14 Los Angeles Times article was disturbing but not surprising:

While basic canons of judicial ethics suggest that judges should avoid even the appearance of impropriety, it remains exceedingly doubtful that the gathering of signatures on a Credo Action Petition will prompt either of these two "radicals in robes" to recuse themselves...

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.

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 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...

Just breaking from Reuters...

By the way, while I realize that corporations are "people," I wonder how many actual people, after committing massive felonies, are allowed "more than a year" to "negotiate" with law enforcement over whether they will be indicted for those felony crimes or not.

UPDATE: A few more details now from Boston Globe...

And while we're waiting for more info on the above, let's not forget the woman who was arrested by New York City police for daring to close her Citibank account, as seen on video tape. The NYPD is not being sued by the AG (although they should). She did not receive a year to negotiate with the plain-clothed cops who physically picked her up and dragged her back into the Citibank branch just moments after she had the temerity to close her own personal account at the bank. Rather, it's been left to the woman herself to file a lawsuit against the cops and NYC that were both doing the bidding of Citibank on the tax-payers' dime, as Ernest Canning detailed yesterday.

I can't imagine what those Occupy Wall Street folks are calling for. Gosh and golly, just what are their demands?! It's all so confusing.

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.]

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...