It was another big day of decisions out the U.S. Supreme Court today, their last one of the session.

So, on today's BradCast, we cover the new SCOTUS rulings knocking down the EPA's rule limiting mercury and arsenic emissions by coal-fired power plants (the health of the citizenry be damned); allowing the beastly use of a certain type of drug in executions (while opening the door to a Constitutional challenge to the Death Penalty); and upholding [PDF] the Arizona voter referendum requiring an "independent" commission carry out Congressional and state redistricting, rather than the state Legislature, as perfectly Constitutional.

On that last ruling, a very important one in a number of ways, we speak today with Ted Downing, former AZ state legislator and the first head of its state Electoral Integrity Commission. While he agrees with me the decision was very good for the nation, for several key reasons, Downing, formerly a Democrat, now an independent, has quite a few concerns about the "so-called independent" redistricting commission created by the state's 2000 voter referendum. Downing explains the "huge conflict of interest" in the structure of that commission which, he says, is completely "rigged" in favor of the Republican and Democratic parties.

Plus: More Trump-mentum, and even more Bernie-mentum, as both of those 2016 candidates continue to surge in New Hampshire polling! All of that and more on today's BradCast...

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You people scoffed --- scoffed! --- when I suggested (along with Heather Digby Parton) that Donald Trump could end up doing very well among the GOP base in the Republican 2016 primary race for President...

Who's scoffing now?

As you know, last week, Hillary Clinton gave a speech in Texas, calling for expanded early voting in all 50 states and for universal voter registration for all eligible U.S. citizens. During the speech, she also called out some of her potential Republican rivals vying for the GOP's 2016 Presidential nomination, among them, former TX Gov. Rick Perry who, Clinton accurately noted, "signed a law that a federal court said was actually written with the purpose of discriminating against minority voters."

She added, Perry "applauded when the Voting Rights Act was gutted [by the Supreme Court] and said the law’s protections were 'outdated and unnecessary'."

Clinton's remarks there were in reference to the Texas Republicans' draconian polling place Photo ID voting restrictions, which, after being passed in 2011, were barred by the Voting Rights Act (VRA) as discriminatory, before the statute was implemented anyway by state Republicans just hours after the U.S. Supreme Court gutted the provision of the VRA under which the TX voting restriction had been found in violation of that law. Late last year, after a full trial on the merits of the law, a federal judge subsequently found the law to be in violation of other, still-standing sections of the VRA as well as the U.S. Constitution --- and, perhaps worse still, found it to be purposely discriminatory.

U.S. District Court Judge Nelva Gonzales Ramos, based on statistics supplied by the state of Texas itself, found the statute could serve to disenfranchise some 800,000 already legally registered voters in the Lone Star state (not to mention hundreds of thousands of others who had yet to register) and slammed both the discriminatory effect and purpose of the law in her written ruling. "The Court holds that SB 14 [the TX GOP's Photo ID restriction] creates an unconstitutional burden on the right to vote, has an impermissible discriminatory effect against Hispanics and African-Americans, and was imposed with an unconstitutional discriminatory purpose," she wrote, adding that the law also "constitutes an unconstitutional poll tax."

On CNN, stammering in response to Clinton calling him out in her speech, Perry failed to explain how either Clinton or Judge Ramos was incorrect. "You need a photo I.D. to get a library book, or to get on an airplane," he incorrectly asserted. (More on that below.) "I think we make it pretty easy in the state of Texas for people to vote, so, you know, again, I don't know what her beef is with the people of the state of Texas about voter I.D."

But there's another point about the TX law that neither Clinton nor Perry noted: its discriminatory effect on women, as highlighted in a Letter to the Editor from this week's Concord Monitor in New Hampshire...

Rep. Hank Johnson (D-GA-4) returned to The BradCast today to take a bit of a victory lap after President Obama's Executive Order this week restricting the flow of heavy armaments from the Dept. of Defense to state and local police via the Pentagon's 1033 program.

Johnson spoke with us most recently last summer, after Ferguson blew up, and as he was preparing to file his "Stop Militarization Law Enforcement Act of 2015" [PDF]. Long before that, he had been working to roll back the obscene militarization of our local police. So he was justifiably happy about this week's development, even while explaining that its still important to pass his legislation because Executive Orders are easily undone by Congress and Republicans are, somewhat schizophrenically, in the process of actually trying to expand the 1033 program.

Then we cover a spate of new voting laws working their way through statehouses around the country from TX to OH to NH to FL to VT to MD. While most off the new laws in Republican states are predictably restrictive and in Democratic states more expansive, there is one pleasantly surprising exception to that rule this week.

Also, millions of spiders falling from the skies in Australia! And Desi Doyen joins for the latest Green News Report, which actually includes a some encouraging good for a change!...

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Because you (and I) deserve a bit of not-annoying news for one goddamn second...

I'll be out for much of the day. So, in the meantime, got any other not-annoying news to share? Feel free to do so in comments, if you can find any.

A few weeks ago, Francis Barry, whose bio identifies him as having "previously served as Director of Public Affairs and Chief Speechwriter for New York City Mayor Michael R. Bloomberg," had a piece published by Bloomberg View (the op-ed arm of the Bloomberg News outlet), portending to examine whether Photo ID voting laws had an adverse effect on turnout this year.

Specifically, as the very first paragraph of his piece explained, Barry claims to have been looking at whether "voter identification laws suppress turnout" since, as he opined in the same graf, "Liberals" argue "not all citizens have the type of ID that many states now require at the polls."

The piece, headlined "Quit Blaming Low Turnout on Voter ID", went out of its way to make the case that such laws had nothing to do with turnout this year, as some states with such laws even saw higher turnout than others without them. While one could attempt to make such an argument, in this case, unfortunately, Barry used extraordinarily deceptive data and moving goal posts in order to do so, as detailed in the emails (posted below) between me, him and one of his editors.

The main trick he employed was an apples to oranges comparison of turnout rates in "21 states that had a competitive gubernatorial or Senate race", where, he misleadingly claimed, "Fourteen of the 21 states had a voter ID requirement in place, while seven didn't".

But here's the thing. Barry deceptively swapped the type of very specific Photo ID laws cited in his first paragraph, with very non-restrictive ID laws that are in use without objection in many states.

When I explained all of this in detail to him and his editors via email (all posted below), the response I received back was, as I noted, "mind-boggling, to be frank"...

[This article now cross-published by Salon, with a much better headline than mine...]

Speaking to business leaders in New Hampshire on Friday, where Texas' Republican Gov. Rick Perry believes he's running for President in 2016, he was asked about the two count felony indictment filed by a grand jury against him last week:

It's really not that complicated. The indictment was only two pages, and it's posted below. I'm not an attorney, and I couldn't tell you how strong the case against him is at this point. Some legal experts describe it as weak at best or otherwise questionably Constitutional, even as local TX reporters in paper after paper insist the charges are far more serious than how they are being portrayed by national media. But, without going into the specifics of the case, for now, even I can read a two-page indictment and see that it has nothing to do with "bribery".

Surely Perry knows that, even as he's pleaded "not guilty" to both counts, and has vehemently described the abuse of power charges filed by the grand jury under the auspices of a Republican judge and a special prosecutor who served under President George H.W. Bush, as a Democratic political hit job and an abuse of power in and of itself. (Apparently, he's going with the "I know you are, but what am I?!" defense there.)

So I wouldn't necessarily call Perry's comments in NH just another one of his "oops" moments, but it's certainly bizarre and, I guess, some kind of strategy to somehow belittle the serious charges against him in some way. 'They are so inconsequential and silly I couldn't even be bothered to tell all ya'll what they're about. Bribery? Assault? Murder? Who knows?! By the way, vote for me for President of the United States if ya'll don't mind!'

My prediction: Ricky Perry, if he stays out of jail, will be exactly as crappy of a GOP candidate for President in 2016 as he was in 2012 --- even though he now wears glasses most of the time.

The easy to read, two-page, two-count grand jury felony indictment filed against Gov. Rick Perry (R-TX) on 8/15/2014 follows in full below...

Amidst the understandable sound and fury of the U.S. Supreme Court's recent decisions on marriage equality and their activist zeal to gut the Voting Rights Act in their determination to legislate from the bench that which is specifically mandated by the Constitution to be legislated by Congress, a number of their other end-of-term decisions managed to fly largely beneath the radar.

One of those decisions came late last month when the five right-wing members of the Court ruled that citizens who are severely injured, maimed or even killed by FDA-approved --- but unreasonably dangerous --- generic prescription drugs, have no right to seek compensation from the giant pharmaceutical companies which manufacture and market them to unsuspecting consumers.

In its 5-4 decision in Mutual Pharmaceutical Co., Inc. vs. Bartlett [PDF] ("Bartlett"), the Court annulled a $21 million judgment that had been awarded to New Hampshire resident Karen L. Bartlett. Her use of the generic drug, Sulindac, in 2004, produced catastrophic injuries when she suffered an acute toxic necrolysis (aka Stevens-Johnson Syndrome).

In his majority opinion, Justice Samuel Alito described her injuries as "tragic" and acknowledged that over 65% of Bartlett's body "was burned off, or turned into an open wound. She spent months in a medically induced coma, underwent 12 eye surgeries, and was tube fed for a year. She is now severely disfigured…and is nearly blind."

For Alito, and the rest of the Court's right-wing majority, the severity of Bartlett's injury proved inconsequential when measured against Big Pharma's bottom line and their interest in selling generic drugs, which account for 75% of the prescription drugs sold in the U.S.

As a result, as it applies to generics, for the first time in our nation's history, FDA permission to market has been treated as a final stamp of approval as to the generic drug's safety, irrespective of the scope of subsequently obtained scientific evidence that reveals otherwise.

Anyone who is now injured, maimed or killed by what turn out to be generic, poison pills are S.O.L....

You'll be shocked --- shocked --- to learn (once again) that rightwing political propagandist and operative James O'Keefe, a federal criminal, is also a professional liar.

From O'Keefe's Project Veritas Investigates: Voter Fraud" racket on January 11, 2012...

That was the lie. Here's the truth. From TPM's report on the dropped criminal investigation of a Congressman's son today:

Of course, we've highlighted O'Keefe's lies about releasing full, unedited videos, from which he creates his doctored and deceptively edited video propaganda, many times.

For example, despite his fundraising pleas to the contrary, it took a deal for criminal immunity from the California Attorney General in 2010 before O'Keefe finally agreed to turn over the raw, unedited videos from his phony 2009 ACORN "Pimp" Hoax to law enforcement. (The AG's investigation determined that the only violations of criminal law seen on the tapes were O'Keefe's.)

The screenshot from his dishonest fundraising plea at the top of this article was published after he and his co-conspirators trumped up secretly video taped "voter fraud" incidents during last year's New Hampshire Primary.

As we reported in great detail at the time, even while attempting to raise money on his fake "voter fraud investigation" --- which led to the Republican Mayor of Manchester calling for O'Keefe and his gang to be "arrested and prosecuted to the fullest extent of the law" --- O'Keefe lied about the release of what he claimed were the full, unedited tapes from that particular scam. They weren't. James O'Keefe had lied then, just as he did about the ACORN tapes, just as he has done, according to law enforcement, in the Virginia case.

James O'Keefe is a professional liar. That's how he makes a living. Alert the media.

"I didn't leave the Republican Party, it left me." – Former FL Republican Gov. Charlie Crist, 9/6/2012

"Anyone from New York or New Jersey who contributes one penny to the Republican Congressional Campaign Committee should have their head examined." - Rep. Peter King (R-NY), 1/2/2013.

In the wake of the Jan. 1, 2013 decision by House Speaker John Boehner (R-OH) to postpone a vote on Hurricane Sandy relief until after the 113th Congress was sworn in, NY Rep. Peter King's sense of betrayal, which he described as "a knife in the back" in a remarkable floor speech, is understandable, but his proposed remedy is woefully deficient.

The only way that Republicans in an entire region of the country --- the Northeast --- can achieve meaningful representation in the 113th Congress may be by way of a massive party switch. The increasingly rare breed of "moderate House Republicans" may soon only be left with the choice of emulating the late Sen. Arlen Specter's 2009 party switch, by either becoming Democrats or by becoming independents who will caucus with the Democrats.

Of course, that didn't work out terribly well for Specter either...

Given disenfranchising polling place Photo ID restriction laws Republicans have enacted in nearly a dozen states over the past year, you'd think there was an epidemic of Democratic "voter fraud" in this nation. That's certainly the way the GOP has framed it, fooled the corporate mainstream media into reporting it, and even scammed the White House and Congressional Democrats into going along with it when they signed legislation that defunded ACORN, a four-decade old community organization never found to have committed voter fraud, or even helped to see a single fraudulent vote cast in any election anywhere.

As it turns out, not only is there no such epidemic of Democratic voter fraud, but the opposite is true. Over the past year, very high profile Republicans --- including this year's presumed standard bearer, Mitt Romney; the Sec. of State of Indiana (the first state to institute polling place Photo ID restrictions) Charlie White; one time GOP front-runner Newt Gingrich; MO's new GOP nominee for the U.S. Senate Todd Akin; and the group hired by the Sacramento, CA Republican Party to collect voter registrations this year for Rep. Dan Lungren; among others (all detailed below) --- have each been revealed as having committed or participated in election fraud --- both voter registration fraud and actual voter fraud --- in state after state.

One might even call it "an epidemic". Or, if you prefer, "one of the greatest frauds in voter history, maybe destroying the fabric of democracy," as then GOP Presidential nominee John McCain described what Republicans pretended ACORN was doing back in 2008 (just before it was revealed he had previously been the group's keynote speaker where he told ACORN's members they were "what makes America special.")

So really, should we be surprised to learn that four aides to former long-shot GOP Presidential candidate and U.S. House Rep. Thaddeus McCotter --- Representative of the state's 11th and one of its most Republican districts --- were indicted yesterday on dozens of criminal felony and misdemeanor election fraud charges for having turned in over 1,500 forged and falsified signatures in a "blatant" and "disgraceful" attempt, as the state's Republican AG described it, to qualify the Congressman for this year's ballot?...

The voting systems in use for the nation's first three all-important electoral contests in the 2012 primary --- from Iowa to New Hampshire to Saturday's South Carolina Primary --- go from pretty great to intolerably horrible. And then comes Florida, which deserves its very own special category, thereafter.

The "First-in-the-Nation" caucuses in Iowa allowed voters to vote on hand-marked paper ballots, counted by hand in front of the public at the caucus site, with results announced to everyone right then and there before being called in to GOP headquarters and before ballots were move anywhere. The wonderfully transparent system allowed for Republican voters by the Iowa GOP (which they hypocritically fight against allowing for everybody else in other states, and even in their own during general elections) is just about as close as we general get in this country to Democracy's Gold Standard. It's also what allowed reporting errors to be discovered and confirmed by the public after an election with some 122,000 votes counted transparently within an hour or so of polls closing, leading to almost nobody charging "fraud" even though just 34 votes are said to separate first and second place in the certified results of the impossibly, and historically, close election.

As of the "First-in-the-Nation" primary in New Hampshire, however, election transparency for voters and their ability to oversee their own elections began to disappear. While a lucky 10% of voters enjoyed hand-marked, publicly hand-counted paper ballots, the rest of the state's voters were allowed to vote on hand-marked paper ballots, but forced to tolerate secret tabulation on oft-failed, easily-manipulated Diebold optical-scan systems programmed by a company (LHS) with a history of criminal behavior and convictions. The results from those 90% of Granite State voters may have been tallied accurately by the Diebold op-scanners or, as seen in the disastrous 2008 Presidential Primary, not. Since NH doesn't bother to actually check to see if their machines tallied the hand-marked paper ballots correctly, we're unlikely to ever know if they did --- barring a recount request where, by then, the secure chain of custody of the paper ballots would be uncertain (to put it mildly.)

And now we come to the "First-in-the-South" Republican primary in South Carolina, where all evidence of how voters vote disappears entirely as the voters will be forced across the entire state to vote on easily-manipulated, oft-failed, 100% unverifiable touch-screen voting systems made by the nation's largest voting machine company, ES&S. When the machine-reported results are announced tomorrow night they will either be accurate or not. Either way, there will never be a way for anybody to know one way or the other as there will be nothing to prove how voters voted and nothing to "recount", even if anybody wanted to.

Appropriately enough, perhaps, Saturday's primary in the Palmetto State will offer 100% "faith-based" voting, since it will be scientifically impossible to prove that even a single vote for any candidate on the ballot has been recorded accurately by the ES&S iVotronic touch-screens as per any voter's intent. Known what we mean, Alvin Greene?...

[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!...

Just one quick update to our full dismantling of James O'Keefe's latest hoax video, this one purporting to show "voter fraud" in NH (as carried out by O'Keefe and his co-conspirators!). As ThinkProgress details today, the liberal Democrat Mayor of ... I mean, the conservative Republican Mayor of Manchester is now calling for O'Keefe and his pals to be "arrested and prosecuted to the fullest extent of the law"...

TPM reports tonight that others are now piling on, furious at O'Keefe and calling for accountability. Moreover, as TPM's Ryan Reilly notes, O'Keefe's latest fund-raising plea touts that he received $50,000 from an unnamed "extremely generous funder," to create this two-bit "voter fraud" scam, and now he's asking for more to help float further projects and line his own pockets. As his ironically-named Project Veritias has somehow been approved as a tax-exempt, "non-partisan," non-profit 501(c)3, he'll have to disclose who that "generous" funder is eventually though it'll take a while. (Anybody wanna place some guesses what that is in the meantime? There are plenty of suspects here!) In the meantime, O'Keefe previously disclosed on his application for tax-exempt, non-profit status that his salary is scheduled at $120,000/year for heading the propaganda outfit.

Oh...and by the way. Please note that O'Keefe has been pimping yesterday's video as "part one of the Voter Fraud investigation" with a promise of "More to come!" Um, what do you suppose the odds are that "Part One" will prove to be the only part of this particular O'Keefe "investigation"?

• Read our complete dissection of O'Keefe's latest scam from earlier today here.

UPDATE 1/13/2012: Bev Harris of BlackBoxVoting.org in BRAD BLOG comments on our previous article on O'Keefe's latest fraud scam:

She goes on to point out that had those 2,470 different people been paid to commit felonies across the state, to vote on Election Day as "dead people" (assuming there are even enough recently deceased people who hadn't yet been removed from the voter rolls), the effort would have yielded, at best, a 1% tamper rate. Yes, that's just the way to defraud an election! Better to risk one person getting caught in a huge conspiracy, than simply paying off, say, one or two guys to remove legal voters from the voter rolls or change the results in the computer tabulators with just a few keystrokes or --- well, just institute polling place Photo ID restrictions and keep thousands of your opponents' legal voters from being able to cast a vote at all..."legally"!

Long ago discredited, federally convicted criminal, Rightwing con-artist, pretend journalist, and accomplished liar James O'Keefe is pimping another secretly-taped and selectively-edited video sure to be a sensation on Fox "News" and at other Republican propaganda venues. It purports to show several voters showing up at polling places during New Hampshire's primary on Tuesday and giving the names of recently deceased voters to poll workers before procuring ballots to vote under those names.

The video, about which O'Keefe lies on his own website, is certain to add more phony fuel to Republicans' long-unsupported claims that people are regularly impersonating dead people at the polling place in order to vote illegally, an allegation which has absolutely no evidence to support it. The aim of the video is clearly is to shore up GOP attempts to institute polling place Photo ID restrictions, meant to do little more than disenfranchise Democratic-leaning constituencies such as the elderly, minorities and student voters, under the fraudulent guise of curbing "voter fraud."

As New Hampshire does not require a Photo ID before one is allowed to cast a legal vote, O'Keefe uses the video to try and create the impression that voting under the name of a recently deceased person is both simple and regularly done. It isn't. But that's his scam this week.

As usual, O'Keefe's video looks as if it represents something that is damning. That's his stock in fraudulent trade, and that's usually more than enough to reinforce the biases of the incurious who've been long-brainwashed, through a well-organized and well-funded GOP effort, into believing that something Rightwingers say is happening certainly must be happening --- despite a dearth of evidence to show that it actually is happening.

The video was released Wednesday morning at the website of O'Keefe's ironically named Project Veritas organization. It was also published "exclusively" by Tucker Carlson's rightwing pretend news site, Daily Caller. Naturally, the websites of Andrew Breitbart, a fellow professional liar, as well as O'Keefe's employer and a co-conspirator on his phony ACORN "Pimp" Hoax videos, quickly followed suit in publicizing the same misleadingly-edited version of the video.

At the Project Veritas site, O'Keefe lies about the video, claiming at the end of his short article accompanying it, that "the unedited videos from part one of the Voter Fraud investigation" have been made available as well. They haven't. He has lied about that. Again. Moreover, as several other sites reported on Wednesday, it's possible that O'Keefe and his band of merry fraudsters have also broken both federal and state laws.

But setting his various lies and possible criminal actions aside for now, let's first look at the supposedly "unedited" version of the videos O'Keefe offers up, and then I'll be happy to dismantle the underpinnings of this ruse below it...