"Honest statement," "Karl Rove" and "Fox News" are three phrases that usually do not belong in the same sentence (unless it's the one I'm writing now!), but George W. Bush's aide-de-camp actually told the truth on the January 6 edition of Fox's "America's Newsroom."

As The Hill reports [emphasis added]:

Now how about that! Common Core --- a national state standards initiative for k-12 education --- was a GOP concept until a Democrat found merit in the idea, at which point it became radical-left tyranny.

The same, of course, is now true for the Affordable Care Act ("ObamaCare"), a scheme first proposed by the rightwing Heritage Foundation before it was later embraced by Mitt Romney in Massachusetts, before Obama embraced it, so Republicans decided to pretend it was a precursor to full apocalypse.

But I can think of yet another major policy initiative that Republicans used to love until Democrats said they thought it was a good idea, too...

We were back live today for the first BradCast on KPFK/Pacifica Radio since the holidays.

First up, a few incomplete words on the breaking news of today's horrific terror attacks at the satirical Charlie Hebdo newspaper in Paris.

Then, BRAD BLOG's legal analyst Ernest A. Canning joined us to discuss his own father's detention and torture (including water-boarding) under the Japanese Kempetai at the notorious Shanghai Bridge House during WWII. After the war, his father, James Robert Canning, testified against his captors [PDF] at the Hong Kong War Crimes Trials, where some members of the Japanese Imperial Army received life sentences --- and, some, the death penalty --- for many of the same crimes against humanity carried out by the U.S. in the wake of the 9/11 attacks [PDF], as Ernie wrote about here recently.

Then, we cover what we hope might be the last report of the 2014 election, the (good news on several accounts) solution to the great Maine Ballot Mystery!

Finally, as ever, Desi Doyen joins us for the latest Green News Report to quickly cover all that happened in the green news world while we were off for holiday break at the end of the warmest year for the planet in recorded history...

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A former Governor of Virginia is expected to be sentenced to a long stay in prison. The same fate has befallen governors in states across the United States, including in nearby Maryland, Tennessee, and West Virginia. A former governor of Illinois is in prison. Governors have been convicted of corruption in Rhode Island, Louisiana, Oklahoma, North Dakota, Connecticut, and (in a trumped-up partisan scam) in Alabama. The statewide trauma suffered by the people of states that have locked up their governors has been...well, nonexistent and unimaginable.

Locking U.S. presidents up for their crimes is a different story. Former President Richard Nixon's understanding that whatever a president does is legal has not been challenged since he made that comment. The Washington Post --- not exactly a Nixon supporter --- has the same understanding now. The Post recently justified the latest proposal to re-ban torture by explaining that even though torture was already banned, President George W. Bush tortured and therefore had found a legal way around the law. In other words, because he hasn't been prosecuted, what he did was legal.

The New York Times, which urged prosecuting former President George W. Bush for torture six years ago, recently wrote this:

- with Brad Friedman

[An earlier version of this article was originally published by Truthout...]

Both election integrity advocates and dissembling GOP proponents of Photo ID voting restrictions were taken by surprise in late 2013 when 7th Circuit Court Judge Richard A. Posner said, during an interview with HuffPo Live, that the landmark 2008 Supreme Court decision on the matter "would have been decided differently" if the Court had known then "about the abuse of voter identification laws."

That, in and of itself, was a remarkable turn of events. What was ultimately to come was even more so.

Crawford v. Marion County Election Board is the case which Republican proponents of strict Photo ID voting laws now (incorrectly and often disingenuously) cite as giving them carte blanche to enact similar laws in other states, irrespective of the extent to which photo ID laws serve to disenfranchise demographic groups --- minorities, students, the poor, women --- that all tend to vote for Democrats.

Posner is not just any judge. He is a renowned legal scholar and Reagan appointee to the federal bench, who has served on the U.S. 7th Circuit Court of Appeal since 1981. More importantly here, Posner was the author of the 7th Circuit's opinion in Crawford. In that case, Posner rejected an allegation that Indiana's polling place photo ID restriction was unconstitutional. That decision was affirmed at the time by the U.S. Supreme Court.

Posner, who is, as Yale Law Professor Fred Shapiro notes, the most cited jurist of the 20th Century, was not alone in his view in 2013 year that Crawford "would have been decided differently" if the Court knew then what it knows now.

Former Supreme Court Justice John Paul Stevens, the author of the plurality opinion in Crawford --- an opinion that was joined by Chief Justice Roberts and Justice Kennedy --- told the Wall Street Journal following Posner's remarks at the time, that he "always thought that [dissenting Justice] David Souter got the thing correct, but my own problem with the case was that I didn't think the record [before the Court in 2008] supported everything he said in his opinion." Souter would have struck down the Indiana law as unconstitutional because, as he argued at the time, it "threatens to impose nontrivial burdens" upon the right to vote.

Joined by four other 7th Circuit jurists last October, Posner penned an extraordinarily powerful and compelling dissent [PDF] in Wisconsin's photo ID voting case. The previously missing evidence is now in, as the judge meticulously detailed in the opinion. GOP claims that photo ID restrictions are needed to combat "voter fraud", he wrote, are "a mere fig leaf for efforts to disenfranchise voters likely to vote for the political party that does not control the state government"...

Posner's carefully crafted dissent does more than establish why the U.S. Supreme Court should ultimately sustain the District Court's finding that Wisconsin's photo ID law is both unconstitutional and a violation of the Voting Rights Act --- a finding later echoed by a federal District Court in Texas as well. Posner's dissent obliterates the factual premise that had served as a pillar upon which his, and subsequently the Supreme Court's, decisions in Crawford were based.

Polling place photo ID laws do not promote voter confidence in the integrity of elections, as Posner and the Crawford Supreme Court plurality had erroneously assumed. The assertion that they do was a "mistake" --- Posner's mistake! --- and he now admits as much, with the support of devastating new data from recent studies to back him up.

His powerful dissent amounts to more than just a response to the Wisconsin GOP's new Photo ID voting law. It is an elegant plea that the U.S. Supreme Court finally right a grievous wrong that he was personally responsible for. Posner presents an astonishing, air-tight case for ruling that all "strict Photo ID laws," which, as he demonstrates, have only been enacted in states sporting GOP-controlled legislatures, must now be struck-down as unconstitutional...

If there is a downside to the recently released executive summary of the U.S. Senate Torture Report [PDF], it can be found in the extraordinary lengths to which it goes to demonstrate a long-established fact: Torture is ineffective as a means for extracting actionable intelligence.

Emboldened by that focus, U.C. Berkeley Law Prof. John Yoo authored a response to the Senate Torture Report by way of a recent, Los Angeles Times op-ed. In 2002, while serving as the Deputy Assistant U.S. Attorney General, Yoo authored a memo that green-lighted CIA torture following the 9/11 attacks. The memo, according to UC-Irvine's renowned constitutional law professor Erwin Chemerinsky, should now serve as the basis for the prosecution of Yoo for war crimes. Shielded by the Obama/Holder Dept. of Justice's refusal to prosecute, Yoo shamelessly argued in his Los Angeles Times editorial that the newly released Senate Torture Report had shifted [emphasis added] "the debate beyond legality to effectiveness."

The issue of torture's "effectiveness" is not and never has been an appropriate subject for "debate." Robert Colville, the U.N. High Commissioner for Human Rights makes that clear in referencing the U.N. Convention against Torture, an international human rights treaty to which the U.S. is a signatory. "Torture is prohibited absolutely, in all circumstances, at any time," he explains in regard to the treaty signed by President Ronald Reagan. "It cannot be practiced in war, in peace, during emergencies, during internal instability, any circumstances whatsoever."

Those legal proscriptions apply not only to those who carry out torture but also, under the principle of "command responsibility," to high level officials who facilitate or fail to prevent torture by their subordinates.

As I revealed in my five-part series on the History of CIA Torture: Unraveling the Web of Deceit back in 2009, for me, torture is exceedingly personal. In late 1942 my father, James R. Canning, was waterboarded at Shanghai's Bridge House, an infamous torture chamber --- something that entailed a frightening, traumatic and "exquisitely painful," six-hour ordeal. He eventually signed a "false confession" stating that he was a British agent, even though he knew it wasn't true and even though he believed at that moment he was signing his own death warrant.

This Partial Trial Transcript [PDF] includes my father's testimony at the 1948 Hong Kong War Crimes Trials. It exposes the hypocrisy in the Obama/Holder DoJ's failure to apply the same ("command responsibility") legal standard to Yoo, former Vice President Dick Cheney --- who now proudly declares "I'd do it again in a minute!" --- and other high-level, Bush administration officials.

In 1948, that "command responsibility" standard was used to convict Lt. General Eiichi Kinoshida, who received a life sentence even though there was no evidence he personally participated in torture.

If we are indeed, as proclaimed by Sen. Diane Feinstein (D-CA) in her Forward to the Senate Torture Report, a "nation of laws," President Obama will heed the calls now being made by the ACLU, Human Rights Watch and even by The New York Times to appoint a special prosecutor who would investigate the crimes the CIA allegedly committed at the behest of Cheney et al --- crimes that appear as heinous and more so than those that were inflicted upon my father and his fellow civilian inmates during World War II...

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IN TODAY'S RADIO REPORT: Nothin' but good news for a change! New York issues first permanent ban on fracking; Obama permanently protects Alaska's Bristol Bay; PLUS: More accountability, more indictments in West Virginia toxic chemical spill... All that and more surprisingly good news in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Drone video footage reveals massive toxic lagoons of pig feces; Warming oceans killing off Maine's cod; Big Coal evicts villagers in Columbia; Ohio coal companies ask government for bailout; Why oil prices keep falling; What is the 'atmospheric river' hitting California?... PLUS: The most brazen political lie of 2014: "Climate change is a hoax"... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: GOP anti-environment wish list makes it into "Cromnibus" bill; Crunch time at UN climate treaty talks in Peru; Worldwide calls for an end to fossil fuels; Australia goaded into joining UN Green Climate Fund; PLUS: 'Freedom Industries' boss facing accountability for West Virginia chemical spill... All that and more in today's Green News Report!

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Incredibly enough, it's been ten years this month since we broke the story about vote-rigging software whistleblower Clint Curtis. It was certainly the biggest story we'd broken up until that time, in December of 2004, and, for some, it is still the story we may be best known for.

That's not surprising as it involves election fraud, touch-screen voting systems, Florida, a powerful Congressman, the Bush family, Chinese spies and several disturbing deaths.

For those not familiar with it, you can find a quick summary here. The index of most of the key articles in our years-long series, beginning with our 12/6/2004 exclusive on Curtis' sworn affidavit can be found at BradBlog.com/ClintCurtis. (And, yes, if you're looking for the horrifying NSFW "crime scene photos" of the main death involved in this case, those are here.)

In short, Curtis was a software programmer from Oviedo, FL who claimed in a sworn 2004 affidavit and then sworn testimony before members of the U.S. House Judiciary Committee, that he was asked to create a vote-rigging software prototype for touch-screen voting systems back in 2000 by then Rep. Tom Feeney (R-FL), a very powerful Republican in the Sunshine State and a close friend of the Bush family. At the time, Curtis worked for a company named Yang Enterprises, Inc., which had many contracts with NASA and the state of Florida. In 2000, when he says Feeney asked him to create the vote-rigging software, Feeney was both the Speaker of the FL House, as well as a registered lobbyist for Yang. Feeney would also go on to great ignominy due to his dealings with Republican uber-lobbyist Jack Abramoff.

There is much much more to this story, much of which was also eventually told in Murder, Spies and Voting Lies: The Clint Curtis Story, an award-winning documentary film by Patty Sharaf. It includes spying for China and at least two deaths in addition to the vote-rigging allegations, but I'll let you explore it all via the links above and/or in my all-new interview with Curtis from this week's KPFK/Pacifica Radio BradCast

As it's been 10 years since we broke the initial story, it seemed a good time to get caught up with Curtis, reminisce a bit about the original story (and his eventual, gutsy, and at times hilarious campaign to run against Feeney for the U.S. House), as well as find out what he (and Feeney) have been up to since then --- even as we've been almost-continuously reporting on new developments in the case over the years since we originally broke the story in late 2004.

I gotta say I enjoyed this interview with Clint --- it was great to catch up with him --- and I hope you will too.

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It's difficult to know where Rightwingers are now when it comes to the release of today's remarkable, horrifying, redacted 528-page executive summary [PDF] of the U.S. Senate Intelligence Committee's 6,000-page report on Bush-era CIA torture.

"Torture never happened!," they used to say. Then, "Okay, it happened, but it wasn't torture!" Then, "Okay, torture happened, but it was necessary!" Now, "This report is just meant as a distraction from America's real problem: ObamaCare!"

You get the idea. So did legendary syndicated cartoonist and blogger Tom Tomorrow (aka Dan Perkins), and he's been covering it with brilliant, dead-on satire for years. With the release of the Senate report, almost a decade in the making, we're posting a few very-much-related Tom Tomorrow toons from over the years below, as self-selected by Perkins on Twitter today.

"It's not as if we've learned nothing in ten years," he tweeted. "In a 2004 cartoon, I still had to explain what 'waterboarding' was."

And, as he also made clear, none of what we are learning today is ultimately a surprise. "Presumably if the cartoonists knew about it, the White House did as well."

They did indeed, as a glance at these toons from over the years makes clear yet again...

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IN TODAY'S RADIO REPORT: Super Typhoon Hagupit blows 2014 into the record books; Doesn't look good for Keystone XL pipeline, if Obama on The Colbert Report is to be believed; PLUS: Rich vs. Poor: Deep divisions stall UN climate talks... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Solar panel efficiency breakthrough - record 40 percent efficiency; Louisiana's 'moon shot' to restore disappearing coastline; 'Significant' methane leaking from abandoned wells; Supreme Court rejects BP challenge to Gulf spill settlement; Heat waves will increase in Europe... PLUS: Fossil Fuel companies in secretive alliance with Republican Attorneys General ... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Germany's biggest utility spins off its fossil fuel assets; Are fossil fuel companies running scared? Florida punishes homeowners for not polluting; PLUS: MSNBC's big infomercial for Big Coal... All that and more in today's Green News Report!

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On this week's very busy BradCast on KPFK/Pacifica Radio:

• After a bit of breaking news on yet another failure to indict a white cop who killed a black man (in NYC), it's a quick (if disturbing) update on the continuing election recount mystery in Maine.

• The U.S. House race in Arizona's 2nd Congressional District (Rep. Gabby Giffords old seat) is headed to a "recount", as the state plans to "recount" ballots on the same faulty electronic optical-scan computers that tallied them in the first place. Pima County, AZ election law attorney Bill Risner joins us to discuss his lawsuit [PDF] against the state's plan for the "recount".

• Dr. Michael Mann, Penn State University climate scientist and author of The Hockey Stick and the Climate Wars: Dispatches from the Front Lines responds to the disturbing climate change-related story line on a recent episode of Aaron Sorkin's The Newsroom on HBO as we separate scary climate fact from even scarier climate fiction. Mann also comments on the seemingly very encouraging news out of Germany this week, suggesting that fossil fuel companies are seeing "the writing on the wall". The good news: The guy who created the infamous "Hockey Stick Graph" is actually the optimistic one, for a change!

• Finally --- as relevant as ever this week --- it's the 50th anniversary of the "Free Speech Movement" kicked off by activist Mario Savio's inspiring speech at the UC Berkeley sit-in in 1964 ("There's a time when the operation of the machine becomes so odious, makes you so sick at heart that you can't take part! You can't even passively take part! And you've got to put your bodies upon the gears and upon the wheels, upon the levers, upon all the apparatus") and the 30th anniversary of the world's worst industrial disaster at the Union Carbide plant in India in 1984. We commemorate both.

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The bi-partisan leadership of the U.S. House Judiciary Committee has sent a letter to the U.S. Court of Appeals, 11th Circuit, seeking an update on their investigation into the August domestic battery charges and prosecution against Alabama federal Judge Mark Fuller.

Judiciary Committee chair Bob Goodlatte (R-VA) and ranking Democrat John Conyers (D-MI) sent the letter on Monday to the circuit's Chief Judge Ed Carnes and to Judge Gerald Tjoflat who is heading the Special Committee convened by the 11th Circuit to investigate the wife-beating incident by the George W. Bush-appointed federal jurist.

The letter from the House Judiciary Committee raises the possibility of impeachment of Fuller. The missive follows a vow by Alabama Rep. Terri Sewell (D) to seek articles of impeachment against Fuller in the U.S. House, as well as calls by the rest of the state's Congressional contingent who have stated that the U.S. District Court Judge should resign his lifetime appointment to the federal bench.

Fuller was arrested on the night of August 9th, after his wife made a disturbing 911 call from an Atlanta hotel room requesting an ambulance, while telling the operator that the judge was "beating on her". (The audio of the call, in which she is heard being struck, is posted at the end of this article.) Police found Fuller's wife Kelli bloodied and bruised along with other signs of violence in their Ritz-Carlton hotel room. He has been allowed by the state court to enter a pretrial diversion program and will have all charges dismissed, as if the incident never happened, once he successfully completes a program of once-a-week visits with a domestic abuse counselor.

Whether or not charges against Fuller are dropped by the state judge, the U.S. Congress may impeach and remove him from his $200,000/year lifetime appointment.

The letter (posted in full below) says "The allegations against Judge Fuller raise serious, substantial and troubling questions that have been the focus of constant attention and close monitoring by the Committee on the Judiciary since August 2014 when reports first appeared of his arrest for a violation of state criminal law"...

I had hoped to keep this week's Thanksgiving BradCast on KPFK/Pacifica Radio kinda light, cuz, ya know, it's Thanksgiving. St. Louis County Prosecutor Bob McCulloch didn't make that easy.

Nonetheless, we ended up with a very lively show, covering one helluva election fraud mystery in Maine; some good election news in Oregon; and exclusive information on why Ferguson and St. Louis County ran out of paper ballots on Election Day.

Then, speaking of bad news, it's Thanksgiving week and, yes, the news is lousy, so what is there to be thankful for in the wake of this week's terrible news in Ferguson and all the bad news of late before it? Some great callers come to the rescue!

My thanks to all of you this Thanksgiving which, as a few callers reminded me, isn't nearly as terrible as it seemed before this week's show...

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UPDATE 12/10/2014: MAINE MYSTERY SOLVED! Full details now here...

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IN TODAY'S RADIO REPORT: NY Gov. Cuomo blames meteorologists for his failure to prep for deadly Buffalo snowstorm; Arrests in Canada protesting another tar sands pipeline; You'll never guess who is now the world leader in deforestation; PLUS: Those lefty treehugger hippies at the World Bank warn extreme weather will be the 'new normal' by 2050 ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Solar and wind energy start to win on price vs. fossil fuels; Giving thanks for climate heroes big and small this thanksgiving; White House threatens to put brakes on alternative biofuels; EPA orders pollution upgrades on big TX coal plants; White evangelicals believe extreme weather disasters caused by End Times, not climate change; Neither rain nor snow nor heat sways views on climate science... PLUS: Leaked: The Oil Lobby's Conspiracy to Kill Off California's Climate Law... and much, MUCH more! ...