[Update 12/28/10: Federal judge dismisses Miller's complaint. Details now here...]

"We want the end result of this legal action to be for the people of Alaska to not only have full faith in the outcome of this race, but a confidence in the manner in which elections will be conducted in our state in the future," Alaska's "Tea Party"-supported, Sarah Palin-endorsed GOP candidate for the U.S. Senate, Joe Miller said in a statement today calling for "fairness and transparency" in the election process, issued after filing an amended complaint in federal court. His statement concludes with the simple sentiment: "Election integrity is vital."

Miller has decided to press on in his election contest against the state's Lt. Governor Mead Treadwell and their Division of Elections (DoE), as overseen by Treadwell, by filing a Substitute Amended Complaint for Injunctive and Declaratory Relief in U.S. District Court in Alaska today. The filing comes after resounding losses in state court and --- if the state's hand-count of write-in ballots and the Diebold optical-scanner tallies of all the other ballots are to be believed --- to Republican write-in candidate Sen. Lisa Murkowski in November's general election for the U.S. Senate. As the unofficial state count now stands, Murkowski reportedly defeated Miller (and Democratic candidate Scott McAdams) by more than 10,000 votes.

In the statement (posted in full at end of this article) Miller explains that his team has decided to forgo challenging Murkowski's official certification as the winner, allowing her to be seated in the U.S. Senate on January 5th.

"The integrity of the election is vital and ultimately the rule of law must be our standard. Nevertheless, I have also decided to withdraw our opposition to the certification of the election, ensuring that Alaska will have its full delegation seated when the 112th Congress convenes next month." he said, "This decision will allow Alaskans to focus on bringing fairness and transparency to our elections process without distraction of the certification issue."

But Miller's decision to drop his challenge to Murkowski's seating may prove to be a fatal blow to his case --- at least if precedent set by Republicans in Congress some years ago, ironically enough, is any indication. But more on that below.

After winning the GOP nomination against Murkowski, and then reportedly losing to her unprecedented write-in bid in November, Miller originally filed his election contest in federal court in November. U.S. District Court Judge Ralph Beistline subsequently responded by sending the case down to state court for initial adjudication on relevant issues of state law. Late last month, Beistline temporarily halted state certification of the race until those issues were decided, and last week the state's Supreme Court rejected Miller's appeal, siding with the state, on all counts.

Beistline had given Miller until today to re-file his amended complaint in federal court. His filing now includes just three counts asserting violations of the U.S. Constitution's "Election Clause" and "Equal Protection Clause" as based on both the DoE's liberal interpretation of state law in counting write-in ballots, as well as the disparate weight the hand-count of those ballots was afforded, versus those tallied by Diebold optical-scanners in the case of "pre-printed" candidates...

Guest blogged by Ernest A. Canning

The government may not access your private emails without a warrant, says the US Sixth Circuit Court of Appeal.

In a landmark Dec. 14, 2010 opinion, United States vs. Warshak [PDF] an appellate court invalidated provisions of the 1986 Stored Communications Act to the extent that the Act permitted the government, without a warrant, in violation of the Fourth Amendment right against unreasonable search and seizure without probable cause, to obtain electronic communications from an ISP (Internet Service Provider), stating [emphasis added]:

Civil libertarians have cause to celebrate the Sixth Circuit's ruling this week, as well as an earlier Third Circuit decision [PDF], reaffirmed [PDF] this week, finding that a federal magistrate has the right to make a factual determination whether the government is required to get a court warrant to obtain cell-site information that mobile-phone carriers retain on their customers.

However, an assertion made by the Electronic Frontier Foundation (EFF), which had filed an amicus curiae (friend of the court) brief, applauding the Warshak decision as "the only federal appellate decision currently on the books that squarely rules on this critically important privacy issue" is not entirely accurate. Moreover, concerns remain as to the scope of the Fourth Amendment protection that will be afforded by the Warshak decision...

If there was ever an article worth reading in its entirety (and it's not a long one), it would be Dahlia Lithwick's "Interrogation Nation" as published yesterday at Slate. Here is one of several key passages as written on the heels of George W. Bush's latest proudly shameless admission that he ordered torture, and this week's announcement that nobody will be held accountable for purposely covering up some of those heinous acts by destroying video-taped evidence...

We have argued since forever that if Bush and his gang of proudly boasting war criminals were not held to account for their abhorrent crimes, the future would be a dim one indeed, where any president in the future, of any political party, would preside over an ever-lowered bar for criminality. This is that future.

Lithwick's commentary is a chilling and maddening one, but it should be required reading for everyone in these United States --- at least for those who may someday wonder what the hell happened here, on our watch.

In the meantime, pressure is growing again, at least in a few circles which still seem to care about the Rule of Law and the U.S. Constitution, for a probe of Bush's torture orders, particularly in light of his recent admissions and our obligation to do so under the U.N. Convention Against Torture as signed by Ronald Reagan in 1988 and ratified by the U.S. Senate in 1994.

UPDATE: Late this afternoon, U.S. House Judiciary Committee Chairman John Conyers issued a statement urging the DoJ to "reconsider their decision reconsider the recent decision not to pursue justice against those responsible for destroying videotape evidence involving water boarding by the CIA" and, as importantly commit to "a thorough review of President Bush's now admitted ordering of waterboarding take place."

Conyers' statement goes on to say: "We are a nation of laws, not men, and the domestic and international laws - including the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment - governing the use of torture are clear in their scope and application. There is no exception for the President or any other official and no lawyer's opinion can provide immunity from these laws."

The full statement follows below...

It's getting incredibly difficult to keep up with the amount of The Crazy out here of late. So here is a very quick round-up of the latest today (so far)...

• She Did What?!: Supreme Court Justice Clarence Thomas' activist Tea Bagger wife --- and, apparently, long-term denialist --- Virginia leaves a voice message to Anita Hill asking her to apologize for Hill's accusations, twenty years ago, that she was sexually harassed by Thomas. Hill's attorney was "shocked" by the call. In 2007, in a New York Times op-ed, as we noted at the time, Hill said she stood by her testimony. Hill repeated the sentiment again today, saying she has "no intention of apologizing because I testified truthfully about my experience and I stand by that testimony," as WaPo reports on yet another woman who knew Thomas back then coming forward today to say "The Clarence I know was certainly capable not only of doing the things that Anita Hill said he did, but it would be totally consistent with the way he lived his personal life then."

• Kreepy Scam: Matt Osborne from Osborne Ink notices our report on the insane email from Gary Kreep, Esq, Executive Director of the group calling themselves "United States Justice Foundation", sent out to the Tea Bag set on Monday, warning that ACORN is "still alive and ready to steal the November 2 elections" with "MASSIVE VOTER FRAUD". (Never mind that the org has been knocked out of business by the O'Keefe/Breitbart/MSM "pimp" hoax, and that they've never been shown to have stolen even one vote, much less an entire election.) Osborne tweets to us that Kreep is the same cretin who actually aired an Obama Birther Infomercial asking viewers to send him money for...something or other. He's doing the same thing in his latest ACORN "voter fraud" email scam.

• More Birther/Voter Fraud Fraudster Connections: TPM picks up on Mother Jones' report that the so-called "voter integrity program" discussed by Illinois' GOP candidate Mark Kirk on a recorded phone call "was launched by the Illinois Republican Party, working with a conservative political action committee and an anti-Obama birther". Without evidence for the claim, Kirk had cited two predominately African-American areas of Chicago as "vulnerable" and "where the other side might be tempted to jigger the numbers somewhat."

• He's back!: And speaking of phony "voter fraud" allegations, we reported some weeks ago on the Houston group calling themselves "King Street Patriots" and their "True the Vote" campaign warning about, as usual, massive Democratic voter fraud!!! (Sans evidence to support the actual claim, naturally). Their call to draft "poll watchers" has now reportedly led to voter intimidation charges such as "poll watchers 'hovering over' voters, 'getting into election workers' faces' and blocking or disrupting lines of voters waiting to cast their ballots" as early voting has opened in Houston where a fire recently destroyed all 10,000 of their 100% unverifiable e-voting machines (don't worry, they borrowed more from neighboring counties). The DoJ has now been called in to investigate the complaints. But, as it turns out, one of the folks supposedly responding to the complaints of voter intimidation on behalf of the county attorney's office is none other than John Tanner, George W. Bush's disgraced Voting Section Chief at the DoJ. Tanner was forced to step down from his post after The BRAD BLOG, in 2007, infamously caught him, on video, downplaying concerns of racial discrimination and intimidation at the polls by telling folks at an L.A. seminar that white people are more likely to be disenfranchised because "minorities...die first". He looks to be making a similar "both sides do it" play now in Houston, telling TPM "There are a lot of allegations out there on both sides." Really? Where are the complaints of voter intimidation by Democratic poll watchers in Houston? None have so far been reported, but we'll try to get more info on this.

• Uhhhh...: Sen. Russ Feingold (D-WI)'s opponent, businessman Ron Johnson has a "deer in the headlights moment", caught on tape, during an interview with the Green Bay Press-Gazette editorial board when he was asked what he plans to do to bring back jobs for the middle class. He can't think of anything other than cutting government spending and freezes up when asked for more specifics. The moment helped lead to the paper's endorsement of Feingold for the first time ever (previously, they've always endorsed his opponent.)

• Mythgivings: If you missed it in yesterday's Green News Report, WV's GOP nominee for the U.S. Senate, in a debate Monday, discussed "the myth...and I say myth, that there is Global Warming." His Democratic opponent in the coal state, Gov. Joe Manchin, while not necessarily believing GW is "a myth", none the less ran a campaign ad last week displaying his manliness by shooting a hole, literally, through "Cap and Trade" legislation (which had been killed months ago anyway in the U.S. Senate.)

• Louder Than Words: Obama's Dept. of Justice appeals for an "Emergency Stay" of the Federal Judge's recent order for a "worldwide injunction" on the military's unconstitutional "Don't Ask, Don't Tell" policy. This comes after Obama has repeatedly claimed he will end the policy "on [his] watch"; after the Military instructed recruiters yesterday to begin accepting openly gay applicants; and after Arabic translator Lt. Daniel Choi --- who had been discharged from the military for being gay --- walked into the Times Square recruiting office yesterday to sign up again (great video there, btw! Choi says there was plenty of "unit cohesion" in the office, even after his application to serve his nation openly.)

• Man in the Mirror: Glenn Beck, The Crazy personified, says the idea of evolution is "ridiculous" because he hasn't "seen a half-monkey, half-person yet". Sigh...

Seeing more of The Crazy out there? Let us know about it in comments.

No, seriously. Via Anchorage Daily News tonight...

Josh Marshall of TPM's brilliantly understated headline for his coverage: "Didn't Know You Could Do That."

Alaska blogger/radio host Shannyn Moore tweets late tonight: "The Drop Zone has a picture of Obama as the joker in their window."

Miller's Democratic opponent Scott McAdams tweets: "@JoeWMiller - in case you were unaware, the Constitution also applies to reporters."

Alaska's incumbent Senator, Republican Lisa Murkowski, is also running in the race as a write-in candidate this year after having lost to Miller in the GOP primary which, as we detailed some weeks ago, could seriously test the state's lousy Diebold optical-scan voting system.

Finally, there's Miller's most famous endorser, celebrity organizer Sarah Palin who loves to shout "Do you love your freedom?!" at her rallies. Perhaps she means that as a threat at this point? Good lord.

UPDATE 10/18/10: Wow. Miller's goons, thugs --- apparently Secret Service wannabes --- threatened to handcuff another reporter or two after the incident with Hopfinger, as seen in this rather dramatic video courtesy of Salon/Anchorage Daily News [hat-tip BRAD BLOG commenter AzDesertRat]. Amazing...

News reports have noted that the incident took place after Miller had left the building, leading Media Matters' Eric Boehlert to ask via Twitter: "Why did Miller's rent-a-cops 'arrest' blogger if Miller had left the building? Who were they protecting/what were they afraid of?" Good question.

I'm no good at raising money for The BRAD BLOG - so let's see if I have any better luck helping out progressive filmmaker John Wellington Ennis to complete his newest documentary, Pay 2 Play: Democracy's High Stakes, covering the Supreme Court's Citizens United disaster and other related bastardizations of our democracy by the highest corporate bidder.

As his website describes the new film: "The cost of running for office makes candidates beg, borrow, and steal. PAY 2 PLAY shows how our elections encourage extortion, and how to stop it."

John is also the director of 2008's high-lariously informative Free For All: One Dude's Quest to Save Democracy (which features yours truly, but is brilliant nonetheless!)

Unfortunately, progressives are not shoveled barrels of free money as partisan scammers Andrew Breitbart, James O'Keefe, and the other liars and snake-oil salesmen on the Right are. Progressives actually have to beg for funds and then produce actual, truthful material in the bargain! That takes time, effort, and funding. So it's gonna take money to get money out of our politics once and for all! Please help. Ennis is doing his part, big time, so please help him out to finish the film if you can afford to toss in a few dollars!

If you need any more convincing, here's a slightly shortened version of an appearance I made at one of his fundraisers in Santa Monica last week [apologies for the echoey sound, it gets easier to see and hear as it goes forward!]...

Just in. Yet another in the recent string of victories for (real) conservative values and the U.S. Constitution...

More details in the full AP story.

The order follows a successful lawsuit by the Log Cabin Republicans in which Judge Phillips found the military's policy --- which President Obama has chosen not to end with an executive order as he could have --- to be unconstitutional on First Amendment free speech grounds and a violation of the due process rights of gay and lesbian service members.

The decision also follows a string of other recent victories in federal courts for real conservative values, as confirmed by Republican-appointed judges, such as the U.S. District Court judge's finding this past August that California's Prop 8 ban on same-sex marriage violates the U.S. Constitution's Equal Protection clause.

As we noted recently, while it often takes far too long in this nation, the good news is that, eventually, Constitutional rights win and the haters lose. Today's ruling underscores that hopeful point --- in an otherwise dark period in this nation's history --- once again.

UPDATE 4:08pm PT: 21 Democratic U.S. Senators have sent a letter to the Obama Administration asking them to not appeal Judge Phillips' order. There are no GOP Senators signed on to the letter despite the fact that it was a GOP group who won the decision in court. While, to be fair, we also don't know if the Dem Senators asked the Republicans to sign or not, the fact that all of them voted against a repeal of DADT (if it were to be approved by the U.S. military) in the recent Defense Authorization bill suggests that it's likely none of the Republican Senators would have done so anyway. The letter from the Democratic Senators is now posted here....

UPDATE 10/15/10: Confusion reigns. Incredibly, the DoJ is asking the Judge to stay the order pending appeal after all. (Which part of "Unconstitutional" do you not understand, Mr. President?!) Of course, in truth, the decision is the DoJ's, not the President's directly. The Pentagon, earlier this week, has said for the moment they will not be enforcing DADT, though later in the week they told folks to not come out yet! Apparently. As mentioned, confusion reigns. Details on the appeal here. Memo from the Pentagon here.

-- Brad Friedman

As horrible as things seem right now --- with sociopathic loons on one side of the aisle, cowardly failures on the other, a mainstream corporate media completely out of touch with virtually everything that matters, an economy in which everyone but the rich are gasping for air --- there is one very bright spot on which we can all take great comfort.

Rights win.

It rarely happens immediately, and almost never without a far-too-long struggle, but rights for we, the people, almost always eventually win in this nation --- usually against all odds, avarice, greed and ignorance --- but our Constitution is brilliant enough that rights eventually win out.

If you have any doubt, look no further than the latest news (video posted below) heralding the last dying gasps of institutionalized homophobia in our laws and in our military.

The good news is: the haters have lost. The question which played such an enormous --- if entirely trumped up --- role in our Presidential elections just 6 years ago has been all but finally settled.

Well before the end of this decade (and likely far sooner than that, perhaps even before the end of Obama's first term in office), marriage equality for gays and lesbians will be recognized in every state in the union, and homosexuals will be as welcome in our nation's military as African-Americans.

It's over. The good guys have won. In these quiet victories of rights over wrongs, we can all take some quiet comfort, even in these maddening, ugly days...

From @PeterDaou during Obama's presser this morning:

...Or disallowing torture victims a day in court, for that matter.

Guest blogged by Ernest A. Canning

In her Sept. 9 decision [PDF] in Log Cabin Republicans vs. United States, U.S. District Court Judge Virginia A. Phillips, a 1995 Clinton appointee, determined that "Don't Ask, Don't Tell" (D.A.D.T) is unconstitutional as it violates First Amendment rights even within the more restrictive confines of military speech.

The court rejected the government's argument that Log Cabin Republicans lacked standing to initiate the action, noting that at least one member of the group, John Nicholson, was discharged from the armed forces because of "Don’t Ask, Don’t Tell.” It expressly found that D.A.D.T "does not significantly further the government’s interest in military readiness or unit cohesion," and directed plaintiff's counsel to prepare a "Proposed Judgment, including a Permanent Injunction" by no later than Sept. 16.

Whether the Eric Holder Justice Department will appeal, despite President Obama's pledge to seek a repeal of D.A.D.T., is an open question...

[Late Update: Quran burning back on? Maybe. Late, Late Update: "We will definitely not burn the Quran. Not today, not ever." "Pastor" Terry Jones. Despite the cancellation, deadly protests are staged in Afghanistan. See updates at end.]

Guest blogged by Ernest A. Canning

Burn the light to satisfy your darkness….
Burn the love to satisfy your hatred….
Burn the peace to satisfy your anger….
Burn the compassion to satisfy your cruelty….
Burn the knowledge to satisfy your ignorance.

- BRAD BLOG Commenter Hassan Yaghi in response to 8/19/10's "Gainesville, FL, Blocks 9/11 'Koran Burning'":

While many have been disturbed by dangerous implications of the process of dehumanization, which we covered here at The BRAD BLOG in "The 'Ground Zero Mosque' and the Hypnotic Power of Republican Race-Baiting," "Gainesville, FL, Blocks 9/11 'Koran Burning,'" and most especially in the ugliness of "Video: 'I'm Not Even Muslim,' the Black Man in the White Hat Had to Tell the 'Ground Zero' Mob," there is a flip-side.

A display of hatred and intolerance can also bring out the best of our species, as reflected by the elegant words seen above from commenter Hassan Yaghi in response to a whacked out fundamentalist Christian's announced intention to burn the Quran. We covered the recent appropriate and moving response to the "Ground Zero Mosque" silliness by Iraq and Afghan vets standing up to the haters, and now in the following email announcement from Rabbis for Human Rights, announcing a petition and march this weekend in New York City for religious freedom and against intolerance.

Their email, published in full below, notes the group is "concerned by an upsurge in Islamophobia, religious intolerance, hate crimes and attacks on religious freedoms in the United States in recent weeks," and highlights both the planned Quran burning as well as the protests against the planned "Park 51" Muslim community center in downtown New York City, near "Ground Zero." The group also condemned their fellow Jewish organizations, the Anti-Defamation League and Zionist Organization of America for their efforts to derail the community center.

While near universal condemnation appears to have put a halt to "Pastor" Terry Jones' planned "International Burn-a-Quran Day," late today --- along with a bizarre attempt to intercede by Donald Trump --- actions and words by good people remain essential in order to counter the virulent and dangerous Islamophobia that has been propagated by hard-right demagogues and their dehumanized followers...

From Charlie Savage at New York Times [emphasis added]:

Gosh. Can't understand why Obama's approval ratings keep falling.

In any case, the heart of this matter is the Government's "alleged" right (the President of the United States' actually) to use the so-called "state secrets privilege" to keep victims of alleged torture from ever even having a day in court --- even when one of those victims, as in this case, charges that his torture included "cutting his penis and other body parts with a scalpel and then pouring stinging liquid on the wounds."

Good thing none of this was done by Iran. We'd be outraged...

Guest blogged by Ernest A. Canning

In Meg Whitman, Wall Street, 'Billionaire Sociopaths' and the Media 'Substance Deficit' I reported:

Apparently Whitman now feels that campaigning exclusively by way of paid-for propaganda (political ads) will not be enough to evade scrutiny of her economic "plan" to "rescue" California's economy (a rehash of Bush tax cuts for wealthy people and business, the elimination of climate change regulations and imposition of further draconian spending cuts to a state government already operating on life support --- a plan which a group of economists, including Stanford University's Kenneth Arrow, a Nobel laureate, have derided as policies which would "deepen California's budget crisis and are likely to reduce employment and economic growth").

Whitman has now pandered to what she may mistakenly believe was a majority of Californians who voted against marriage equality in passing Proposition 8...

As the disinformed and hypnotized crowd of angry protesters in downtown New York chant "No mosque here!" over the weekend, a black man in a white hat strolls through and the crowd instantly turns on him.

"Ya'll don't even know my opinion on shit," he's forced to reply in his own defense as the tension rises and the possibility of violence becomes imminent. "I'm not even Muslim!" shouts the man who, it turns out, was apparently a construction worker at Ground Zero.

Sick. August, 2010. U.S.A.

A commenter at Ballon Juice may have said it best (h/t Glenn Greenwald on Twitter): "They got one thing right: Ground Zero is being desecrated. Just not by Muslims."

We usually don't like to take the wingnut bait, preferring instead to focus on issues that actually matter, but this one is just too gobsmackingly stupid for even us to look the other way.

Last night Ernie Canning noted Dr. Laura's cutting and running from her 30-year career in radio after an ill-advised rant in which she used the "n-word" repeatedly and made even far more offensive comments to boot. He didn't, however, flag the fact that her post-rant self-victimization included the absurd-on-a-billion levels notion that she claimed to be quitting in order to "regain [her] First Amendment rights."

We'd have otherwise left that alone, were it not for fellow-quitter Sarah Palin --- who some, incredibly, still believe to qualified to be President of the United States for Chrissakes --- who Tweeted this in response yesterday...