Guest blogged by Ernest A. Canning

Wisconsin's embattled Governor Scott Walker (R) will almost certainly face a recall election soon, but he is not - repeat - not a target of an ongoing criminal investigation in Milwaukee County...even though last month he hired two criminal defense attorneys to represent him and, on Friday, he announced the creation of an official legal defense fund, according to the Milwaukee Journal Sentinel's Daniel Bice.

The no-uncertain-terms denial about his status in the criminal probe comes from Walker spokeswoman Ciara Matthews who took pains to note on Friday, as the creation of his legal defense fund was announced: "We reiterate that Gov. Walker has been told that he is not a target of this investigation."

On the other hand, state law only allows for such funds to be created under certain circumstances. Bice notes that according to the state's Government Accountability Board [PDF], "Wisconsin Statutes permit a state government official who is being investigated for or charged with a violation of campaign finance laws or prohibited election practices to establish a 'legal defense fund' for expenditures supporting or defending the candidate while that person is being investigated for, or charged with, or convicted of a violation of those chapters."

So who is telling the truth? There's at least one person who may have an inside track to the Milwaukee prosecutors' long-time investigation, in which four top officials of Walker's have already been snagged, and that insider suggests Walker is likely in trouble...

Last night, Rachel Maddow ran an update on the GOP War on Voting. Her report included a number of items we've covered here recently --- such as the protest by former U.S. Marine Tim Thompson who refused to show a Photo ID when trying to vote under TN's new voter suppression law on Tuesday, the Wisconsin court ruling temporarily blocking the state's Photo ID restrictions after finding it likely violates the WI Constitution's "right to vote" clause.

Here's Maddow's full report...

Maddow also covers several stories that we haven't been able to cover at The BRAD BLOG yet. Among them, the new Photo ID restriction law that was passed yesterday in the Pennsylvania Senate and is likely to become law, if not stopped somehow, this November. As Pennsylvania is not one of the "covered jurisdictions" subject to preclearance of new election laws by Section 5 of the federal Voting Rights Act, it would be another excellent candidate, like the one in Wisconsin, for challenge by the DoJ under Section 2 of that act, as our own legal analyst Ernie Canning persuasively argued recently.

Another story in Maddow's otherwise excellent report, however, is the one about the 86-year old WWII Vet in Ohio who was unable to vote on a normal ballot Tuesday, because his Veteran's ID didn't have his address on it. According to the The Plain Dealer's coverage:

It's a horrible story, but on this one, Maddow appears to have been in slight error in her coverage...

After a month off for KPFK's latest fund drive, The BradCast was finally back today in its normal Wednesday 3pm slot on Pacifica Radio's L.A. affiliate (and on other fine networks as well.)

On today's show I was joined by Marcy Wheeler of Emptywheel.net to discuss the madness of Obama's policies for targeting U.S. citizens as "terrorists" without due process, as discussed by AG Eric Holder earlier this week; a Green News Report segment with a major audio glitch and Desi Doyen live in studio; PLUS: the story of IN Sec. of State Charlie White getting off virtually scot-free for three counts of felony voter fraud, the former U.S. Marine who pushed back against the GOP's polling place Photo ID restrictions in TN this week, the good news out of WI concerning that state GOP's own attempt to suppress Democratic-leaning voters and MUCH MORE! Enjoy!

Download MP3 or listen online right here [appx 58 mins]...

P.S. I don't always get to post archive for The BradCast here, but you can subscribe to the RSS feed for free right here, or otherwise check the KPFK archive page for the show right here.

Great news for voters today in Wisconsin, via Project Vote...

In granting the temporary injunction, Flanagan's 11-page order [PDF] "concludes that the plaintiffs have demonstrated the probability of success as well as the likelihood of irreperable harm," in their original complaint which is set for trial beginning next month. The case, Milwaukee Branch of the NAACP v. Scott Walker, is based solely on the argument that Act 23 is in violation of the WI state constitution. Flanagan's ruling is grounded in a fundamentally conservative interpretation of the state constitution's guaranteed right to vote, and on historic precendents where the state Supreme Court has decided in favor of that right over legislative laws affecting that right to the disadvantage of the voter.

Today's ruling is the first judicial blow against the vote suppressing law passed by Republicans in the wake of their 2010 electoral victory in the Badger State. There are now at least four different legal complaints filed against Wisconsin's Act 23 challenging both the state and federal Constitutionality of the law. The most recent suit was filed late last month, and detailed by our own Ernest Canning who also calls for the U.S. Dept. of Justice to intervene in the case in order to enforce Section 2 of the Voting Rights Act in Wisconsin, on the basis of racial discrimination.

Late last year the ACLU filed a 54-page federal class action complaint on behalf of some 17 named plaintiffs, including elderly, student, minority and even veteran voters, all of whom may otherwise be unable to cast their once-legal vote under the state's new law passed by its GOP legislature and signed into law by Republican Gov. Scott Walker in 2011.

The lead plaintiff in that case, 86-year old Ruthelle Frank, is disabled and was born at home. She never had a birth certificate. Though she's been legally voting in every election since 1948 and is an elected member of the Brokaw Village Board, she may have to pay more than $200 in order to have a birth certificate created and typos in her name, as recorded by the state registrar, corrected before she can receive the "free" state-issued Photo ID that would allow her to vote under the new law.

Even younger, more able-bodied voters have had problems jumping through some of the hoops required to obtain a so-called "free" ID in Wisconsin, as documented on video tape last summer by a woman attempting to help her son obtain one from the state DMV.

In a small primary in the state late last month, the first full implementation of the statute, a number of voters were reportedly denied their right to vote --- at polling places where they had legally voted for years prior --- after they were unable to present Photo ID which met the state's new draconian restrictions. For now, at least for the upcoming April primary in Wisconsin, those restrictions will mercifully be on hold.

UPDATE: Flanagan's ruling was extremely powerful and likely very difficult to rebut, short of an out-and-out activist ruling by the Right-leaning state Supreme Court. (They've done it before, so I wouldn't put it past them.) I've posted a few additional snippets from Flanagan's must-read decision in comments below. Our legal analyst Ernest Canning, who has been closely covering the WI challenges to Act 23, has also now rung in with a few more thoughts on Flanagan's decision there as well.

55-year old former U.S. Marine Tim Thompson was turned away from the polls today, Super Tuesday 2012, in the state of Tennessee, after refusing to present a photo ID before voting, as required by a new law recently passed by Republicans.

Thompson was documented by videographers attempting to cast his vote under the new polling place Photo ID restrictions instituted by TN's Republican-majority legislature and signed into law last year by the state's Republican Gov. Bill Haslam.

The former Lance Corporal, who left the service in 1978, has lived in Nashville since 2004 when he first cast his vote at the same precinct where he was turned away today. In an act of protest, planned in advance and video-taped by a number of media outlets, Thompson refused to show any more than the voter registration card he has previously used for voting in the state.

Video of the confrontation that ensued is posted below.

"This is my voter registration card," Thompson said as he challenged the poll supervisor. "I've used this for 37 years. This was good enough for my father. This was good enough for my grandfather, and I refuse to show you a picture ID"...

Late on Friday, the U.S. Dept. of Justice filed an objection in Washington D.C. federal court to new laws limiting voting and voter registration rights in the state of Florida. TPM's Ryan Reilly broke the news just before midnight last night.

The DoJ is said to be calling for a trial in the D.C. court, where the state of Florida had previously filed suit in order to avoid the federal "preclearance" process under the Voting Rights Process for its new restrictive election laws. The new laws institute harsh penalties for third-party voter registration organizations and individuals who fail to turn in new voter registration forms to elections officials within 48 hours of them being completed. The statute would also cut early voting hours nearly in half.

The new voter registration restrictions, passed by Republicans in the state following the 2010 election, has led groups like the non-partisan Florida League of Women Voters, which had been registering new voters in the state for some 70 years, to cancel their registration program citing stiff new penalties which, they say, put the organization and its registration workers at great legal risk. Both the Florida LWV and Rock the Vote, which focuses on voter registration for young voters, have previously filed their own lawsuit challenging the Constitutionality of the new voter registration laws in the state of Florida.

Over the past several months, a number of high-school teachers, incredibly enough, have been charged under the new law for registering their own students to vote. Last November, MSNBC's Rachel Maddow covered the topic in an interview with the Supervisor of Elections of Volusia County, FL, who, though she is a Republican, said she felt "sick to her stomach" after being forced to turn in one of those teachers to law enforcement officials.

On Thursday night, Comedy Central's The Colbert Report ran a somewhat more amusing, if equally disturbing, take on the issue, focusing on one of the teacher's snagged by Florida law enforcement for "voter registration fraud" under the draconian new restrictions...

Section 5 the Voting Rights Act (VRA), requires certain jurisdictions, including parts or all of 16 different states with a history of racial discrimination, to receive "preclearance" from the DoJ for all new election-related laws, or otherwise receive approval for the new laws from the federal district court in D.C. During the DoJ preclearance process for Florida's new laws, the agency requested more information about them from the state, which includes five difference "covered" counties. Instead of responding, Florida decided to avoid DoJ judgment all together by taking their case directly to the D.C. court instead.

According to TPM's Reilly, the DoJ stated in their filing in that same court last night...

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?...

[Now UPDATED with audio archives below! Enjoy 'em!]

Mike has the night off! So we're back tonight guest-hosting the nationally-syndicated Mike Malloy Show! And it's primary night in MI and AZ and we'll have not one, but two Presidential candidates as guests tonight!

We'll be BradCasting, as usual, LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

• MI & AZ PRIMARY RESULTS, or what they are reported to be, anyway. Also, just some of the reasons why you should be concerned that those reported results may not be what they are reported to be!
• GOV. BUDDY ROEMER, who is on GOP Presidential ballot both MI & AZ tonight, but who has recently left the party for a Reform Party candidacy and a run for the Americans Elect nomination.
• FRED KARGER, who is on the GOP Presidential ballot in MI and, unlike Roemer, still a member of the party for some reason. He's also the first openly gay Presidential candidate and the guy who alerted the world to Mitt Romney's apparent voter fraud in MA!
• PLUS! Depending on how MI and AZ is looking, some additional, last minute guests; lost op-scan votes in NY; Indiana's GOP Sec. of State getting off scot-free for voter fraud; "Webster's Follies" in Maine; no dead voters in SC; criminal probe closing in on Scott Walker in WI; and more you need to know about! Along with your phone calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at affiliate KPTR 1450 in Palm Springs or at WhiteRose Society or via MikeMalloy.com.

POST-SHOW UPDATE: Maybe someone had a bit too much caffeine today. Well, in any case, it led to a pretty high energy show! And lots of circus music! You can check it all out now for yourself, sans commercials, in the high-octane archives now posted below. Enjoy!...

Guest blogged by Ernest A. Canning

We recently detailed how legal documents reveal that prosecutors in Wisconsin are painstakingly examining evidence that may well place Gov. Scott Walker (R-WI) at the center of a criminal conspiracy to illegally utilize employees within the Milwaukee County Executive Office to engage in fundraising and campaign activities. We observed that a recall may therefore be the least of Walker's worries.

The relationship between Walker's potential criminal liability and his recall vulnerability has not gone unnoticed by the WI Democratic Party. Asserting that Walker "has given a blizzard of contradictory statements about what he knew and when he knew it," WI Democratic Party Chairman Mike Tate released an ad which refers to the pending criminal scandal as "Walkergate" (see video below) and draws an analogy to Richard Nixon's role in Watergate.

Simultaneously, the embattled governor on Monday abandoned his effort to challenge the more than one million signatures submitted on the Recall Walker petition...

Recall Walker ad comparing Scott Walker to Richard Nixon follows...

My full story on this is at Salon today. But, here's the skinny.

It looks like Indiana's now-former Republican Sec. of State, Charlie White, who was found guilty of three voter fraud felonies and three other felonies early this month, has now been sentenced.

And it also looks like the old adage --- It's Okay If You're a Republican (IOKIYAR) --- continues to ring true in the Hoosier State. Despite being the top election official in the very first state in the union to institute disenfranchising polling place Photo ID restrictions, Charlie White has gotten off with a slap on the wrist, essentially, for three intentional voter fraud felonies, and the three others he was found guilty of as well.

His sentencing hearing was held last week. He pretended to be contrite before the judge (unlike when he appeared days earlier on Fox "News"), so it turns out he'll serve just one year in home detention for all of his crimes. The sentencing, naturally, has left him "elated."

The fates of other, less Republican, less high-ranking folks however, such as those who were prosecuted with the full force of the federal government during the George W. Bush Administration's unprecedented, if failed attempt to ferret out "voter fraud" crimes, were not quite as lucky. Unfortunately, they were used as fodder to help Republicans push for those polling place Photo ID laws (which would have failed to deter either them or White from committing voter fraud) by Bush's wholly politicized Dept. of Justice.

For folks like Wisconsin's Kimberly Prude and Florida's Usman Ali, to name just two examples of those who were caught in that buzz-saw, and who each committed far less egregious --- far far far less egregious --- crimes than those intentionally committed by White, the legal system was not nearly as kind.

Prude, who tried to rescind her own absentee vote before the 2004 election, immediately after learning from her probation officer that she was not allowed to vote --- despite never having served time in jail and being on felony probation for having passed a bad check four years earlier --- was forced to serve more than a year in prison. Ali, who never even voted at all, had it even worse. He was deported to Pakistan where he hadn't live in more than 10 years, destroying his life in this country for not just himself, but for his American wife and daughter as well.

I tell the whole story --- of White's virtually scot-free sentencing, as compared to Prude's and Ali's --- in my story today at Salon. Please give it a read.

As you might expect, the moral, once again, is: IOKIYAR.

Well, golly, who coulda seen this coming? And I suspect it's just the beginning...

There were other similar stories Tuesday, during the first full roll-out of the Wisconsin GOP's new anti-voter law, passed disingenuously under the guise of curbing "voter fraud". And Tuesday's was just a tiny election. For example, this from Isthmus' The Daily Page...

Guest blogged by Ernest A. Canning

A recall from his position as Wisconsin's governor could ultimately be the least of Gov. Scott Walker's worry, if a criminal complaint quietly moving forward in the Badger State court system continues on its current trajectory. At the moment, Walker seems to be at the bottom of a mountain where an avalanche is just beginning to roll.

A 51-page criminal complaint [PDF] (the "Rindfleisch complaint"), which formally charges Kelly M. Rindfleisch with four felony counts of misconduct in public office, contains factual allegations which implicate a number of individuals, listed as "interested parties," including WI's controversial Republican Governor, in a wide-reaching criminal conspiracy to misuse public employees and resources for partisan political gain.

The Rindfleish complaint was filed in the Milwaukee County Circuit Court on Jan. 26, 2012 by Milwaukee County District Attorney John T. Chisholm. It's the product of an ongoing criminal investigation (the "John Doe" investigation) of the Milwaukee County Executive Office during Walker's tenure as County Executive there. The complaint specifically involves the period during which Tim Russell and then Rindfleish served as Walker's Deputy Chiefs of Staff.

The recent news in the Milwaukee County case coincides with a separate set of court rulings in the battle over the attempt by opponents of Walker to see him recalled via the ballot box. In that matter, an appellate court recently reversed Republican Waukesha Circuit Judge J. Mac Davis' decision to deny the Recall proponent's motion to intervene in a case brought by "Friends of Scott Walker" designed to obstruct the scheduling of Walker's Recall. The appellate ruling directed Davis to vacate his controversial decision which had shifted the statutory burden for challenging the validity of the Walker Recall petition signatures from Walker himself --- as had been the process for years --- to the state's Government Accountability Board.

While that appellate ruling may serve to help expedite Walker's potential removal from office via the ballot box, a recall could ultimate prove to be less of a concern to the embattled, right-wing governor than the criminal case steadily moving forward in Milwaukee.

The factual body of the Rindfleisch complaint suggests that prosecutors are painstakingly examining evidence that may well place Walker at the center of a criminal conspiracy to illegally utilize employees within the Milwaukee County Executive Office to engage in fundraising and campaign activities on behalf of the Friends of Scott Walker and others during office hours at the expense of Milwaukee taxpayers.

Each violation of the relevant WI criminal statutes at issue in the matter carries with it a potential imprisonment of up to 3.5 years. As that case moves forward apace, Walker could lose a great deal more than simply his hold on the governor's office. His very freedom may prove to be at stake as well...

Guest blogged by Ernest A. Canning

Fed up with the hard-right's oligarchic, union busting agenda, on Tuesday, opponents of Wisconsin's Gov. Scott Walker (R) delivered a Recall petition to the state's Government Accountability Board (G.A.B.) containing more than one million signatures --- approximately 459,792 more than the 540,208 valid signatures required to trigger a statewide gubernatorial recall under WI law.

Those one million signatures are about to run into an attempted roadblock, however, courtesy of two questionable rulings by Republican Waukesha Circuit Judge J. Mac Davis in the Friends of Scott Walker vs. Brennan case.

The Judge's first questionable ruling was to deny the state Democratic Party's motion to intervene as defendants in the case. The second ruling, issued orally, also found in favor of the GOP, aspiring to force a significant delay in the process of validating signatures (and, therefore, the recall election itself) by shifting the statutory burden for challenging the validity of signatures from Walker to the G.A.B. That second ruling is in direct contradiction to decades of recall history in the Badger State and upends existing law --- a law that went unchallenged by Republicans previously, and worked rather well, even as recently as last year's recall elections of 6 GOP state Senators and 3 from the Democratic Party.

Both rulings, currently the subject of an appellate challenge by the Democrats, may border upon judicial misconduct by a partisan jurist with disturbing ties to a previous statewide scandal...

I admit it, I was skeptical they could even come up with the 540k they needed to trigger a recall election of the Republican anti-union Gov. Scott Walker in the Badger State, much less the 720k that was their goal. But they did. And then some. And then a whole lot more, actually.

From Eric Kleefeld at TPM:

They really must not like that Walker guy or something. Special kudos to Lori Compas of RecallFitz.com for taking the extra initiative to lead the effort to put Fitzgerald's job on the line as well. As noted above, the state Democratic Party hadn't targeted the Senate Majority Leader, who was thought to be in a safely Republican district. Compas felt otherwise and decided to take action on her own without the backing of the party. That action appears to have been wildly successful, so far. (I interviewed Compas on the Mike Malloy Show back in December just before Christmas. That interview is here.)

For his part, Walker said in response to the more-than-one-million of his constituents who want him fired: "I expect Wisconsin voters will stand with me and keep moving Wisconsin forward."

For my part, I'm deeply buried in a mess of a story in an entirely different state right now. So, for the moment, I'm happy to pass you on over to Kleefeld's coverage for more on what comes next in the process. Suffice to say, this busy year is going to be much busier than planned. For everybody.

[Now UPDATED with tonight's nightmarish audio archives below! Enjoy!!!]

Mike has the night off! So we're back! Guest hosting the nationally-syndicated Mike Malloy Show on Friday the 13th! It's a Nightmare on Malloy Street!...

We'll be BradCasting all the horror LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the uprising globe from the studios of L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

• YOUR WORST NIGHTMARE! Me! With three hours over our public airwaves to talk about Iowa, New Hampshire & South Carolina voting nightmares! The nightmare that is Election 2012! And other related and unrelated nightmares!
• GRAEME ZIELINSKI, Spokesman from the Wisconsin state Democratic Party, with some late breaking news on the "Recall Scott Walker" effort in the Badger State!
• PLUS! The fraud that is James O'Keefe; the "cold" War against Iran; the failure that is the NY Times; the GOP wants more corporate money in campaigns; and all the nightmares on your minds, via your calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at affiliate KPTR 1450 in Palm Springs or at WhiteRose Society or via MikeMalloy.com.

POST-SHOW UPDATE: Tonight's show was a NIGHTMARE! Don't believe me? You can now listen to the full show, sans commercials, in the archives posted below. (You can also read the nightmarish chat room archives below too!) Be afraid...Be very afraid!...