I'm sure fans of the Death Penalty will be terribly disappointed to learn that these two men have had their convictions tossed after 30 years in jail and before they could be killed by the Government...

UPDATE 9/3/2014: Dahlia Lithwick at Slate offers more details on this case, and explains how U.S. Supreme Court Justice Antonin Scalia cited the case of McCollum, who we now know to be innocent, several times over the years in support of the Death Penalty.

Earlier this week I wrote about Charlie Grapski's attempt to get at the Ferguson and St. Louis County Police Department's documentation on Officer Darren Wilson's killing of Michael Brown via a long string of public records requests under the Missouri Sunshine Act law.

On this week's BradCast on KPFK/Pacifica Radio, I spoke with Grapski, who heads up PhotographyIsNotACrime.com's new Opens Records Project, concerning his tireless efforts to obtain the real Incident Report and other documentation of Brown's shooting from either department --- if such documentation actually exists, as is required by law.

Grapski explains that, based on some pretty solid evidence he's received in response to his open records requests to date, he believes "it's more likely than not" that an actual Incident Report of the event was created by the police, but that "they have withheld it." If so, that would amount to a criminal cover-up and a very serious violation of the law. Listen to my full conversation with him for much more.

Also this week, an update to our interview last week with Rep. Hank Johnson (D-GA) regarding his legislation to demilitarize the police: The President has announced a task force to review the Pentagon's 1033 program that has transferred billions in surplus arms and other military equipment to local police around the nation. We also covered the latest maddening news in the story of U.S. District Court Judge Mark Fuller --- who presided over the trial political prosecution of former AL Gov. Don Siegelman (D) --- as the George W. Bush lifetime appointee to the federal bench attempts to avoid his own prosecution all together after having been recently arrested on charges of beating his wife bloody in an Atlanta hotel room.

Plus: The latest on the GOP's Photo ID voting battle in WI; Rick Perry's latest "oops"; the newly published, secretly-recorded audio tapes revealing, once again, how the Republicans and the Koch Brothers now have a death-grip on democracy; and, as usual, the latest Green News Report with the lovely Desi Doyen, and a few other things.

Lots of news, muck-raking and trouble-making in just under 58 minutes. Please enjoy!...

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As noted previously, I am originally from (and embarrassed for) St. Louis County, MO. Recently, I spoke to a family member for the first time since the mess blew up in Ferguson, and she told me that, while troubled by it, she was willing to "wait until all the information came out" before passing judgment one way or another.

But, as I explained, there is no need to wait. Judgment may already be passed. No matter we may later learn, the police in Ferguson and St. Louis County broke the law and violated their own written policies by not detailing what happened in an Incident Report after Ferguson Police officer Darren Wilson gunned down Michael Brown, an unarmed African-American teenager, in the middle of the street more than two weeks ago.

That, pretty much, tells you all you need to know in order to pass judgment. Whatever happened during that tragic afternoon, the local police immediately began either covering it up or lying about it. How else to explain the lack of an Incident Report, which must be filed after any such incident?

After the shooting, many wondered why the police hadn't released their Incident Report of the event to the public. After all, they released a full report, and surveillance video, from a convenience store incident where they allege Brown had shoplifted some cigars just minutes prior to his killing. So, where was the Incident Report describing the matter in which Wilson shot Brown dead just minutes later during an unrelated confrontation on the street? We now know there was no such report, at least according to the documents finally released by the police themselves. The laughably terse "Incident Report" eventually released by the St. Louis County Police (the Ferguson Police never released one of their own), includes little more than a date and an address where the shooting occurred, but no other information about what actually happened.

Moreover, dates on the few documents released make it fairly plain that the Incident Report released to the public, bereft of actual information about the, ya know, incident, was filed some two weeks after the actual killing.

In a long, detailed and meticulously-documented post at PhotographyIsNotACrime.com (PINAC) on Monday, Charlie Grapski outlines a string of public records requests he filed with Ferguson and St. Louis County police in an attempt to get at the Incident Report (and other documents) related to Brown's shooting.

The upshot: there were no contemporaneous reports of the incident at best, or, more nefariously, there was an Incident Report, but the local police have since destroyed it, or are otherwise covering the entire affair up by not releasing it to the public and lying about it...

Trying to make sense of all the different court rulings in Wisconsin on their partisan Photo ID voting laws? We'll try to unpack that for you.

The short version: Two different state trial courts found the GOP's Photo ID restriction on voting to be a violation of the state constitution's right to vote. A federal trial court (aka U.S. District Court) similarly found the law to be a violation of various parts of the U.S. Constitution.

The partisan WI state Supreme Court recently overturned the decisions in the two state cases --- literally re-writing the law as they did so (yes, actually legislating from the bench on behalf of Republicans). Wisconsin's Republican Governor Scott Walker, whom recent polls suggest is in a virtual dead heat with his Democratic challenger Mary Burke, then asked the federal appellate court to immediately overturn the U.S. District Court's injunction, which still blocks implementation of Wisconsin's Photo ID law.

Last week, the federal appellate court turned down Walker's request that it immediately overturn the federal injunction. Wisconsin election officials are, at present, still barred from enforcing the controversial law in the Badger State.

Specifically, last week, the U.S. Seventh Circuit Court of Appeal issued an order [PDF] in which it refused an emergency stay of the federal court decision permanently enjoining Wisconsin's partisan Photo ID law prior to oral arguments on the merits of the state's federal appeal. Yes, the state not only appealed the adverse ruling in the two state cases (successfully), but they also appealed the initial federal court decision as well.

The permanent injunction in federal court was issued earlier this year by U.S. District Court Judge Lynn Adelman who, in a landmark 90-page decision and order [PDF] following a full trial, found that the Republican-enacted Photo ID law violated the U.S. Constitution and that it was "absolutely clear" that it "will prevent more legitimate votes from being cast than fraudulent votes."

Last month, following the issuance of the two decisions by the sharply divided and extraordinarily partisan Wisconsin Supreme Court which lifted the state court injunctions in two different state cases --- Milwaukee Branch of the NAACP vs. Walker [PDF] and League of Women Voters of Wisconsin v. Walker [PDF] --- Walker filed his Expedited Motion for a Stay Pending Appeal of the Permanent Injunction [PDF] in the federal appellate court.

In it's ruling last week, the 7th Circuit upheld the portion of the Wisconsin Supreme Court decisions which changed the law by directing the state's Department of Motor Vehicles to issue Photo ID cards sans requiring documents, such as birth certificates, for which the elector had previously been required to pay a fee to a government agency. That issue, however, is only one of the reasons why U.S. District Court Judge Adelman initially found the polling place Photo ID law constitutionally infirm. While we will have to await a final decision --- and even that decision will, no doubt, make its way to the U.S. Supreme Court eventually --- the current ruling issued last week suggests that the 7th Circuit did not see that one single issue as sufficient to immediately stay Judge Adelman's permanent injunction in federal court.

The 7th Circuit will hear oral arguments on September 12 --- less than two months prior to the November General Election. It is likely the 7th Circuit will expedite its decision. Stay tuned!

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Alabama's former Democratic Governor Don Siegelman is currently serving a 6.5 year sentence in a federal prison for something that he did not personally profit from, did not know was a crime, and that 113 bi-partisan former state Attorneys General agree had never been a crime before Siegelman was convicted of it.

That's all thanks to a political prosecution orchestrated by Karl Rove, a corrupt federal prosecutor, the corrupt federal prosecutor's husband (who happened to be the Campaign Manager of Siegelman's political opponent) and others, most of whom were close friends and/or clients of Rove.

One of them, Mark Fuller, the Republican federal U.S. District Court judge who sentenced Siegelman to those years in federal prison, refused to recuse himself from the case, despite having a very clear conflict of interest and very specific grudge against Siegelman.

Two weeks ago, Judge Fuller was arrested for beating his wife bloody in an Atlanta hotel. (You can read all of the, literally, bloody details from the police report, as covered them at the time, at that link.)

This week, as it turns out, Fuller may have figured out how to not only avoid any prison time at all, but he may be able to even avoid prosecution entirely...

In response to concerns about the militarization of local police, which America has seen on shameful display in Ferguson, MO following the police killing of Michael Brown, President Obama indicated during a presser last Monday that there could be some change coming.

"There is a big difference between our military and our local law enforcement, and we don't want those line blurred," he said about the horses which long ago left the barn. "That would be contrary to our traditions."

He added: "I think that there will be some bi-partisan interest in re-examining some of those programs."

On Saturday, Obama announced an official review of the Pentagon's "1033 Program" which, since 1990, has transferred, for free, some $4 billion worth of surplus military equipment, such as Mine-Resistant Ambush Protected (MRAP) vehicles, armored Humvees, high-caliber weapons, aircraft, armed drones and silencers, to local law enforcement agencies around the country. As CNN has just reported:

Reuters adds that "relevant U.S. agencies including the Departments of Defense, Homeland Security, Justice and Treasury," will also participate in the review.

Last week, we reported on the small, but seemingly growing bi-partisan support for re-thinking the federal militarization of local law enforcement agencies. The rightwing New American, citing some of our coverage, has more on the bi-partisan calls for reform, noting that the "SWAT Lobby" (yes, apparently there's a "SWAT Lobby") is now working to defend the program.

On this week's BradCast we interviewed Rep. Hank Johnson (D-GA), a proponent of blocking the transfer of this kind of militarized equipment and for including accountability measures for the billions of dollars worth of equipment which has already been given to local agencies.

"My main hope is to stop the flow of this military grade equipment to local law enforcement agencies throughout America," Johnson told us during the interview on KPFK/Pacifica Radio. "We've been flooding the streets with this surplus military weaponry, and I think the situation in Ferguson exemplifies what happens when you have too much powerful equipment in the hands of folks who don't have the judgment or the training to utilize it properly." (Full interview here.)

The latest version of Johnson's "Stop Militarizing Law Enforcement Act" [PDF] is here. The Congressman had begun work on the legislation long before Ferguson erupted, but is finally receiving recognition for that effort. Now, it seems, he and other proponents may have some support from the White House. But, we'll see. These "reviews" have a way of disappearing into the ether. Legislation like Johnson's, on the other hand, is what is needed to really make a difference in this shameful practice, which has, in truth, become little more than a way around the long-standing Posse Comitatus Act (1878) which expressly limited the use of federal military personnel to enforce local and state laws.

[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...

I was joined on this week's KPFK/Pacifica Radio BradCast by Rep. Hank Johnson (D-GA), to discuss his "Stop Militarizing Law Enforcement Act" [PDF] which he plans to introduce when the U.S. House returns from their endless recess in September.

He's been at work on the bill long before the local "RoboCops" hit the streets when Ferguson, Missouri blew up recently after the police killing of Michael Brown. As Johnson described the legislation in his March 2014 USA Today op-ed, presciently headlined "Small town American shouldn't resemble a war zone", the bill would "ban MRAPs, other armored personnel carriers, drones, assault weapons and aircraft" from being transferred to local police departments under the Pentagon's "1033 Program" and "ensure that the Department of Defense undertakes an annual accounting of what's been transferred, by whom and to whom to prevent military items from being auctioned on eBay or sold to friends."

"My main hope is to stop the flow of this military grade equipment to local law enforcement agencies throughout America," Johnson told me during our interview today. "We've been flooding the streets with this surplus military weaponry, and I think the situation in Ferguson exemplifies what happens when you have too much powerful equipment in the hands of folks who don't have the judgment or the training to utilize it properly."

But has the horse already left the barn on this issue? And does the Congressman stand a chance of getting his bill through our broken U.S. Congress, even with some apparent bi-partisan support for curbing police militarization from folks like Republican 2016 Presidential hopeful Sen. Rand Paul, who recently called for the same in a Time magazine op-ed? You'll have to listen below to hear Johnson's thoughts on those questions.

After the Congressman left, I discussed a few other related items, such as the voter registration drive now taking place in Ferguson, and took a bunch of calls on all of the above, including at least one amazing one, in which the caller named "Al" insisted that "minorities are in worse shape than they've ever been" in this country. He says that "since 1965 we have been going down hill as a nation." Hmm... I wonder what might have happened during that year to make him feel that way?

I hope you'll enjoy this week's program...

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IN TODAY'S RADIO REPORT: Another one bites the dust: Oregon denies proposed coal export facility; It's official: July 2014 was the 4th hottest July on record; Fracking industry illegally using diesel fuel, threatening underground water supplies; PLUS: New report finds Republican officials DO accept climate change, they're just too cowardly to admit it publicly... All that and more in today's Green News Report!

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The "streets" did not "flare up". The cops in Ferguson flared it up, perhaps, according to pretty much all of the live coverage we followed for hours last night on TV, on the web and, most crucially, on Twitter.

No clue what "problem" Fire Boy above thought he was trying to solve with his 9/11 Wars souvenir, but you can bet it hasn't been solved.

We recently wrote a "Tale of Two Protests" comparing the mostly peaceful protesters of Ferguson, MO following the police shooting of unarmed African-American teen Michael Brown, to the threatening armed protests by supporters of scofflaw rancher Cliven Bundy in Bunkerville, NV earlier this year.

Where the amped-up, Hollywoodized, militarization of the police in Ferguson has resulted, largely, in making the cops look like clowns and idiots for their over-aggressive tactics and firepower (see the front page of today's St. Louis Post-Dispatch above for just the latest example of that buffoonery, here's more), the amped-up, Hollywoodized, militarization of the so-called "Tea Party" "patriot" protesters in Bunkerville and their semi-automatic rifles trained on the heads of law enforcement officials, succeeded in little more than making those protesters look like clowns and idiots. It also offered an apparently compelling reason as to why law enforcement "needs" to arm up in response to such deadly, direct threats.

Meanwhile, over at his own blog today, Patrick Blanchfield offers a related observation of the shameful differences between the nation's treatment of a rancher who stole more than a million dollars from the federal government in Bunkerville, versus the kid in Ferguson who was shot at least six times by a police officer after having, allegedly, taking a handful of cigars from a convenience store. And its additionally embarrassing.

[An updated version of this article has now been published by Salon. Updates to the version posted here, following the weekend's developments in Ferguson, are posted at the end of the article.]

On Wednesday night, I had snarked on Twitter about the lack of so-called "Tea Party" "patriots" --- like those brave boys and girls who, earlier this year, pointed their big assault-rifles at federal officials to protect the "right" of a scofflaw rancher in Nevada to illegally graze his cattle for free on land that he did not own --- failing to show up to protect the actual rights and freedoms of so many being denied them by actual Big Government Tyranny in the streets of Ferguson, Missouri.

Some Rightwingers, like libertarian Justin Raimondo of Antiwar.com shot back at me (figuratively) on Twitter, arguing that "The Bundy patriots didn't take BS from the cops. They stood and fought," adding that the Ferguson protesters were facing the "same fight" and, had those protesters only brought guns with them, the police would have backed down. Or something.

"Would the cops be murdering blacks in #Ferguson if the people were armed? No," Raimondo told me, as if he just arrived in the U.S. from some other planet. "Armed resistance tends to discourage aggression," he insisted, between some silly ad hominem bluster in which he charged me with "worship[ing]" the government, and "lov[ing] the state that murders blacks" (also of being a "loser" with a "fat ass" or some such, but that's even easier to laugh at).

And then something changed on the streets of Ferguson Thursday night, which made Raimondo's comments seem even more transparently silly.

After the fully-militarized police were pulled away, ordered by the Missouri Governor to be replaced by grown-ups who marched with the protesters, calm and even jubilance returned to the previously tear gas-filled streets of Ferguson, MO. The contrast on Thursday night from the days prior couldn't have been more stark, according to virtually everyone on the ground there. It was the police, not the protesters, who had exacerbated roiling racial tensions, arrested reporters and needlessly filled the streets with panic and tear gas in the days prior, just as assuredly as it was a Ferguson cop who killed Michael Brown, an unarmed African-American teen who was supposedly stopped for nothing more than alleged "Jay Walking".

It was peaceful citizens, with their empty hands in the air --- not pretend "patriots" aiming long guns at the buffoonish, intimidating, embarrassing, jungle-camouflaged-in-exurban-streets cops --- who may ultimately be seen as the ones who helped begin a national rollback of the absurd militarization, perhaps better described as "Hollywoodization," of our nation's law enforcement organizations.

It was not armed resistance, but peaceful resistance that may have brought about real, if tenuous, change in Ferguson, and maybe even the rest of the country...

Way to go Kansas Sec. of State Kris Kobach (R)! You caught another one!

See the full story from Ian Millhiser here. Hiller wasn't allowed to vote by provisional ballot, though it likely wouldn't have helped either her or the other elderly voters on the same bus who were turned away that day.

We've covered Kobach's long, embarassing, shameful, dishonest and continuing efforts to keep certain voters from being able to vote, by lying about "voter fraud" to Kansans, for some time.

As the Topeka Capital-Journal reported the story of what happened to Hiller and the other senior citizens who lost their voting rights in Kansas during the recent primary, "Kobach spearheaded the ID law and a proof-of-citizenship requirement to register, saying the measures are necessary to prevent voter impersonation and protect the state from 'alien' voters."

Of course, despite his pretend claims and his 2010 SoS campaign promise to "STOP VOTER FRAUD", Kobach has been unable to find any of it. But, hey, at least he's keeping some of the oldest people in his state from being able to participate in their "representative democracy" at all! That's gotta count for something!

Jerk.

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On this week's BradCast on KPFK/Pacifica Radio, I invited peace activist David Swanson to explain to me why it's wrong for the U.S. to take military action in Iraq amidst what the President describes as "genocide".

David is a friend, occassional guest blogger here, and author of War is a Lie (2007), When the World Outlawed War (2011) and War No More: The Case for Abolition (2013).

I pressed him and he offered a smart, persuasive, and well-reasoned case. Yet, I'm still not certain that I'm persuaded. Please give the short conversation a listen and let me know what you think.

We also took calls on the above, and covered a bunch of other stuff, including updates on the CA Supreme Court nixing the "corporate personhood" ballot initiative (Prop 49); the extraordinary North Carolina "voter suppression" law that a federal judge (W. Bush appointee) has allowed to move forward for now; and the remarkable story of federal judge Mark Fuller --- who helped railroad former AL Gov. Don Siegelman (D) into federal prison --- being arrested and charged for allegedly beating up his latest wife in an Atlanta hotel room over the weekend.

All of that, and a visit from Desi Doyen with the latest Green News Report, as the News Summer from Hell continues...

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It's not enough that the police are killing unarmed African-Americans in Ferguson, Missouri. Now they're arresting journalists like Huffington Post's Ryan Reilly and Washington Post's Wesley Lowery for sitting in a McDonald's to recharge their cell phones while writing up their coverage of the protests and militarized police riots in response to the police killing of Michael Brown.

Read Reilly's account of his arrest here ("They essentially acted as a military force), and Lowery's here ("'My hands are behind my back,' I said. 'I’m not resisting. I’m not resisting.' At which point one officer said: 'You’re resisting. Stop resisting.'")

Here's a statement sent out tonight by HuffPo's Washington bureau chief Ryan Grim following the arrest, and subsequent release of Reilly and Lowery...

With all due respect to Grim, and I have much, while "police militarization" has, indeed, been among the most consequential developments of our time, it has not gone "unnoticed" and it has been "affect[ing] press freedom" for quite some time. The BRAD BLOG burned quite a few late-night pixels in a whole bunch of stories back in 2011 during the hey-day of the Occupy Movement trying to make exactly that point loud and clear, and again in 2012 when journalists were being arrested for their coverage. (And, certainly, years earlier than that as well.)

At the time, we also noted that the pretend patriots of the "Tea Party" movement didn't seem to give a damn about any of it, which still rings true today, as we echoed tonight on Twitter while we catching up with the evening's ongoing madness in #Ferguson...

Just a quick thanks to all those Bundy Ranch "patriots" for coming down to #Ferguson and standing up to Big Govt Tyranny.

— Brad Friedman (@TheBradBlog) August 14, 2014

But I'm certain the "patriots" will be arriving anytime now to help restore liberty to the citizens of Ferguson, unless they're home polishing their big manly rifles so they can help "protect our American rights and freedoms"...