The Center for Media and Democracy (CMD), which had previously filed an ethics complaint against 43 Wisconsin state legislators, alleging that their relationship with the American Legislative Exchange Council (ALEC) violated the Badger State’s ethics and lobbying laws, announced that they, together with Common Cause, have prevailed in a separate lawsuit filed against five Republican state legislators whom they alleged sought to conceal ALEC-related records by placing them in their personal email accounts.

In their formal settlement agreement [PDF], the five Republican legislators acknowledged that they were not relieved of their obligation under Wisconsin’s Public Records law to provide such public records, even if the records were located within their personal email account. They agreed to provide the requested records and to reimburse CMD and Common Cause for $2,519.50 in attorney’s fees and costs.

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IN TODAY'S RADIO REPORT: With Hurricane Sandy recovery underway, Bloomberg endorses Obama, Romney is heckled, and the impacts of climate change finally begin to dawn on corporate media and public officials; PLUS: Planning ahead for a climate changed future ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): CIA's Climate Change Security Report Delayed Due To Hurricane Sandy; Winter Storm May Hit In Early November, Possibly On Election Day; Energy company CEO: Why do we have to talk about climate change today?; Australia Rejects Calls From The Fossil Fuel Industry To Roll Back 20 Percent Renewable Energy Target; Exxon And Shell Earn $54 Billion So Far In 2012, After Taking $800 Million In Annual Tax Breaks; KFC UK will no longer source from Asia Pulp & Paper ... PLUS: The Onion: Nation Suddenly Realizes This Just Going To Be A Thing That Happens From Now On ... and much, MUCH more! ...

[This article was cross-published by Salon.]

With just 5 days to go until the nation holds its next Presidential Election, power remains out in large swaths of the Eastern Seaboard, according to Google Maps' special Hurricane Sandy power outage map.

The outages persist in a number of states which force the majority of their voters to use 100% unverifiable electronic voting machines to cast their votes at the polls on Election Day. If power is out at the polling place on Election Day in those states, voters may not be able to cast their vote at all.

As we warned before Sandy barreled ashore earlier this week, the ability of voters to vote at all --- presuming polling places are not flooded and voters are able to get to them --- is imperiled by states such as Virginia, Pennsylvania, West Virginia, Maryland, New Jersey, North Carolina and even Ohio, all of which force all, or some of their voters to vote on systems which simply do not work if they do not have power.

While most of those states require a small percentage of emergency paper ballots be made available at the precincts, that number is unlikely to be enough in the event that voting machines are unavailable all day at the polls on November 6th. Moreover, battery backups on the electronic touch-screen systems are unreliable at best and, even when working, can only be counted on for a small number of hours.

In Pennsylvania, for example, as noted yesterday by the Pittsburgh Post-Gazette, "In case of power loss, local election officials are encouraged to keep enough paper ballots on hand for 20 and 25 percent of their registered voters."

While the PA Dept. of State claimed in the same report that voting machines can run on backup batteries "about six hours," a Lehigh County, PA election official offers a more realistic assessment, noting their touch-screen system backup batteries last just 2 and a half hours at best.

The BRAD BLOG has long warned that power loss on Election Day is just another, among a myriad of reasons why forcing voters to use such systems is insane and extraordinarily disrespectful to the electorate in such jurisdictions. Other reasons why these type of voting systems should never be used: They are 100% unverifiable in every case (whether they include a so-called "Voter Verifiable Paper Audit Trail" or not, as some do) and computer scientists and security experts have long warned, in virtually every instance where these type of systems have been examined over the past decade, that they are both prone to failure and easily manipulated, by both election insiders and hackers alike, in ways that are unlikely to ever be detected.

At The Nation today, Ari Berman notes that "Thanks to a wave of new voting restrictions passed by Republicans, the 2012 election was already shaping up to be pretty chaotic before the arrival of Hurricane Sandy, which left 8.2 million households without power in 15 states and the District of Columbia."

He then goes on to detail some of the worst hotspots for concern...

As the New Jersey Shore's "surreality" show continues to unfold on TV, one cannot help but note all the ads on CNN and Fox News from those that likely helped make such epic storms possible, or --- at the very least - helped to make them worse. Commercials from the oil and coal industry pepper the coverage like so many reminders of what is NOT being discussed by the mainstream news media; the role our dependence on fossil fuels is playing in this unfolding mega disaster.

The numbers are staggering enough: some 60 million Americans directly impacted by Superstorm Sandy, at least 74 Americans dead, and, at last count up to 10 million people who lost power. When the electricity comes back on and the damage toll is tallied, the bill is likely to reach $20 billion or higher. And that does not include all the travel upheaval or the hit to the economy in general.

It seems the summer that brought us the worst drought in modern history, fires in dozens of states, and some 40,000 temperature records broken this year alone, is now being followed by an autumn that spawned Sandy, what some are already calling the Storm of the Century. Or, at least the latest one. With sand turning Atlantic City into a beach, the boardwalk into the broad wreck, homes broken in Hoboken, and more than 11 feet of floodwater on Wall Street with gale force winds tossing cars around like matchsticks in Manhattan, you'd have to work for the coal and oil industry to miss the irony --- as well as the tragedy --- encompassed in the continued political silence on climate change…

It's that time of year. I've been doing a lot of talking lately, on a bunch of media outlets. That means I haven't been able to write and report here as much as I might like of late. In any case, below is one of those appearances, from earlier today, on RT America with anchor Kristine Frazao, in reference to a Christian Science Monitor article from last Friday, by Mark Clayton, accurately headlined: "Could e-voting machines in Election 2012 be hacked? Yes."

It's nice to see stories we reported here at The BRAD BLOG as long as six years ago, many of them exclusively, finally covered in mainstream media outlets, as the CS Monitor piece does. It's also fun to see them quoting the term "sleepover" --- in regard to vulnerable voting machines being sent home with poll workers for days or weeks before Election Day --- a phrase that this blog has been credited with coining about six years ago as well.

I realize that sounds sarcastic, but I don't actually mean it that way. If it all leads to more public discussion and awareness of these concerns, even six years late and six days before a Presidential Election, when it is, by and large, too late to do a damned thing about any of it before the election, I'll take it --- no matter how late it comes...

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IN TODAY'S RADIO REPORT: HURRICANE SANDY SPECIAL REPORT: The storm, the aftermath, and the impacts of climate change; PLUS: A reminder of one Presidential candidate's position on federal disaster relief --- Mitt Romney has called for privatizing it ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Chevron: $2.5 Million To GOP Super PAC. Single Largest Corporate Donation; BP Oil Spill: Researchers Take a Deep Look at Gulf Seafood Safety; BP returns to profitability; WY coal art dispute rages on; There Is No 'Simple Fix' for Commodity Farming; Protests Against Expansion of China Chemical Plant Turn Violent; Sand Mine Riches Are Tough to Refuse ... PLUS: Hurricane Sandy: Haiti in emergency aid plea as disaster piles upon disaster ... and much, MUCH more! ...

The Oct. 23, 2012 Third Party Presidential Debate between four candidates vying, along with President Obama and Mitt Romney, for the office of the U.S. Presidency, provided a rare, yet valuable glimpse at what a genuine, representative American democracy might look like. The worthy discussion, at the very least, should be read via text transcript, exclusively available here at The BRAD BLOG, for those who lack the time to watch the ninety minute video, embedded below.

Unlike Democracy Now's three expanded debates, which presented third party candidate responses to the questions posed at the three "official" Presidential debates and one Vice-Presidential debate sponsored by the so-called Commission on Presidential Debates, the Oct. 23 debate provided a forum that was not tethered to what co-moderator Christina Tobin of the Free and Equal Foundation, the organizers, described as "the private interests who control our beliefs, our opinions and our lives." Here, questions were neither posed directly by, nor filtered through corporate media-controlled moderators. Rather, they were presented, word-for-word, as submitted by citizens through social media.

With the single exception of the failure of Libertarian Candidate and former New Mexico Republican Governor Gary Johnson to say where he stood on "top-two" primaries (aka "Cajun primaries"), it was a debate in which all candidates left no room for doubt as to where they stood. It was a debate that included in-depth discussion on a wide variety of issues of vital importance, many of which were understandably evaded not only by the two major party Presidential candidates, but by the corporate media in the official debates, because those issues conflict with corporate wealth and power, including the wealth of the corporate-owned media.

It was a debate that began with Tobin's promise of future debates between "more candidates at every level of government" and ended with her surprise announcement of a final, foreign policy debate, next Tuesday, Oct. 30, commencing at 9:00 p.m. ET, broadcast via RT America, between two of the four candidates to be selected via an [ugh] online, instant run-off vote...

'Anonymous' has a message for Karl Rove...

A new conspiracy theory being floated by apparatchik bloggers funded by Democratic Party bosses claims that a private equity firm that has invested in ship building companies, and is tied to a Mitt Romney adviser, is the sole reason why the GOP candidate has been pushing for a larger Navy in recent weeks. The theory, circulated by Think Progress, suggests that Romney is calling for a larger Navy expressly in hopes of padding the pockets of adviser John Lehman, a former Secretary of the Navy under Ronald Reagan who is now an investment banker with stakes in several ship building companies. Based on that connection, the theorists at Think Progress are alleging Romney will fulfill a direct quid pro quo promised to Lehman in exchange for his serving as one of Romney's top military advisers in the campaign.

Of course, much of what I've just written in the paragraph above is complete bullshit...

[UPDATE 10/24/12: Virginia's Attorney General Ken Cuccinelli will now be investigating after all, following a unanimous vote today of the State Board of Elections to refer the matter for a statewide criminal probe. Our concerns about Cuccinelli's conflicts of interest, as partially detailed below, still stand.]

[This article cross-posted by Salon...]

Broader investigations are being sought, on a number of fronts, into the nationwide GOP Voter Registration Fraud Scandal including, finally, an investigation by the U.S. Department of Justice.

Over the weekend, a Democratic state legislator in Virginia asked the state's Republican Attorney General to open a statewide probe, though AG Ken Cuccinelli has said he has no plans to carry one out. Given the photographs recently posted of Cuccinelli on Twitter (see below), that's probably a good thing.

On Monday, however, a number of Democratic U.S. Congress members from Virginia sent a letter to U.S. Attorney General Eric Holder seeking a nationwide investigation. Also, the three ranking Democrats of the U.S. House Judiciary, Elections and Oversight committees are pressing Republican National Committee Chairman Reince Priebus for answers as to why his party hired a shady GOP operative with a long history of voter registration fraud allegations against him, and whether the RNC intends to truly cut ties with him, and his many companies working for Republicans across the country.

All of this comes on the heels of the GOP Voter Registration Scandal widening to Virginia last week, when 23-year old Colin Small was arrested and charged with 8 felonies and 5 misdemeanors after being seen allegedly dumping voter registration forms into a dumpster near a shopping mall in Harrisonburg.

Small, a Pennsylvania resident who claimed on his LinkedIn profile to be a "Grassroots Field Director" for the Republican National Committee, had been hired to do voter registration work by Strategic Allied Consulting, a company formed this summer at the request of the RNC and headed by Nathan Sproul, a shady GOP operative and paid political consultant for Mitt Romney's campaign.

The firm was supposedly fired by the RNC late last month after hundreds of apparently fraudulent registration forms collected by the company on behalf of the Republican Party of Florida were discovered by election officials in some twelve counties in the Sunshine State. The RNC had reportedly paid Sproul's firm at least $3 million since August to carry out voter registration efforts in five battleground states, including VA, despite many years of allegations that his companies had destroyed Democratic registration forms in a number of states.

The arrest of Small revealed that the supposed firing was a deception, as Sproul's employees and Republican voter registration machine were kept in place, but run by local GOP officials and paid by PinPoint Staffing, one of the employment agencies Sproul tells The BRAD BLOG he had used in a number of states...

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IN TODAY'S RADIO REPORT: Climate scientist Michael Mann sues Rightwing media for libel; NRC hides flood danger at US nuclear plants; Deadly earthquake caused by drilling; PLUS: The "C" Word: climate change a no-show in Presidential Debates for first time since 1988 ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): How stupid does Cato Institute think Congress is? [Oh, right]; Anchovy Poop Fights Global Warming; Committee advises halt to GMO trials; Bumblebee colonies at risk from pesticides; Fox Falls For Tabloid "Science" [again!]; Chinese protest new coal plant; Climate linked to violent conflict in East Africa: study; Wind turbine syndrome” is catching; Koch group aims to kill wind energy ... PLUS: Frontline exposes the Climate Change Denial Industry tonight on PBS ... and much, MUCH more! ...

To be frank, while it's no secret that the Center for American Progress has always been an outside extension of the Democratic Party, their important blog site, Think Progress, has served as a crucial, and journalistically sound fact-checker on the excesses, inaccuracies and blatant fabrications of the Right over the past several years.

I have been more than happy to cite their excellent work on a number of fronts over the years and take no pleasure in calling them, their new Senior Editor Judd Legum, and one of their writers, Aviva Shen, out here on The BRAD BLOG for an egregious and, frankly, outrageous journalistic failure.

It is one thing to make an error. We all do it. It is quite another thing indeed --- and what, in my opinion, separates real journalists from hacks --- when, once called out with independently fact-based and verifiable evidence of those errors, one sticks to the original error come what may.

That's exactly what Legum and Think Progress have decided to do, as the email discussion between Legum and me illustrates below. I'm sorry I have to even run it, but, for journalists, credibility is our only currency --- (especially those of us not funded by major foundations, as Think Progress is...so feel free to hit the tip jar here!) --- and being smeared, without correction, from a respected institution like Think Progress is extraordinarily damaging to all that we do here.

So here's what happened...

Democracy Now!'s "extended second debate" (see video below), featuring third-party candidate responses to questions from last week's "official" Presidential Debate at Hofstra University side-by-side with the two main party candidates, illustrates the malaise of an American electorate which senses a fundamental disconnect between the promise of "change we can believe in" offered up by one of two corporate sponsored candidates, even as political and economic inequality, outsourcing and war have expanded over the past four years.

Yet, the only other voice generally offered to the American electorate is the 21st century equivalent to a snake-oil salesman, whose entire work in the private sector, along with a brief stint as a governor, have been devoted to outsourcing, predatory capitalism and greater inequality. He is a candidate who not only seeks to retain the deficit-exploding Bush tax cuts, but wants to pile on with a $5 trillion pig-in-a-poke tax cut for the billionaire class. That tax-cut, coupled with a massive give-away to the military-industrial complex would, of necessity, reduce government to the point that it would be incapable of performing its constitutionally recognized core function of promoting the general welfare.

The comments made by Dr. Jill Stein, the Green Party Presidential candidate, at the time of her unsuccessful attempt to enter the second Presidential debate --- an attempt which resulted in her being arrested and cuffed to a chair for eight hours --- along with the substantive dialogue produced by Stein, Justice Party Presidential candidate Rocky Anderson, and Constitution Party Presidential candidate Virgil Goode, Jr., during Democracy Now's "extended second debate", underscore what Noam Chomsky referred to in Failed States as the "democracy deficit" --- the significant gap between the policy positions of the vast majority of American citizens and the political elites who supposedly represent them...

[This article was cross-posted by Salon...]

A man originally reported to have been working for the Republican Party of Virginia was arrested by the Rockingham County, VA Sheriff's office on Thursday and charged with attempting to destroy voter registration forms by tossing them into a dumpster behind a shopping center in Harrisonburg, VA.

"Prosecutors charged him with four counts of destruction of voter registration applications, eight counts of failing to disclose voter registration applications and one count of obstruction of justice," according to a report late Thursday afternoon from TPM's Ryan Reilly. More charges could be forthcoming, according to officials.

But there is more to the story, as evidence emerges to document that it ties in to a still-expanding nationwide GOP Voter Registration Fraud Scandal that The BRAD BLOG first began reporting in late September, after we'd learned that the Republican Party of Florida had turned in more than 100 allegedly fraudulent and otherwise suspect voter registration forms in Palm Beach County. The story has continued to widen ever since, to a dozen Florida counties and several other states, now including Virginia, and even to the upper-echelons of the Republican Party itself.

The man arrested today was 23-year old Colin Small of Phoenixville, PA. As it turns out, he does not only work for the VA Republican Party. According to an online profile, he appears to be working for the Republican National Committee and, prior to that, served as an Intern for Congressman Mike Kelly (R-PA) in the U.S. House of Representatives.

Joseph Tanfani at the Los Angeles Times is reporting that Small was "working as a supervisor as part of a registration operation in eight swing states financed by the Republican National Committee."

He was first hired, says Tanfani, by Strategic Allied Consulting, the firm owned by the disgraced GOP operative and paid Mitt Romney political consultant, Nathan Sproul. Even before this year's registration fraud scandal which began with Strategic in Florida, Sproul's companies have long been accused of, though never charged with, destroying Democratic voter registrations in election after election and state after state, going back to at least 2004. Despite that, Sproul was hired by the Bush/Cheney campaign in 2004, by the McCain/Palin Campaign in 2008, and by Romney during the Republican Primary cycle.

Sproul's company, Strategic Allied Consulting, was hired by the RNC in August for more than $3 million, reportedly as its sole voter registration company this cycle. His company was said to have been fired by the RNC and five different battleground state Republican parties several weeks ago, after fraudulent voter registrations began to emerge across Florida. Some of those questionable applications included address changes for existing voters, such that FL election officials told The BRAD BLOG they worry voters could find themselves disenfranchised come Election Day. In Florida, as in many states, provisional ballots cast at precincts other than where voters are officially registered will not be counted. So changing the addresses on voter registrations without voters' knowledge is a serious crime with potentially very serious consequences.

Reilly's report at TPM says that Small "worked for PinPoint, a company hired to register voters on behalf of the Republican Party of Virginia." In fact, PinPoint Staffing placed ads to hire workers for Strategic Allied Consulting in FL, VA and a number of other states, though The BRAD BLOG has learned that the company removed many of those ads once the scandal began to break in FL. They have since modified some of their newer ads to hide their ties to the Republican Party.

In response to queries we sent to Sproul late Thursday, his crisis spokesperson, David Leibowitz, attempted to distance his client from the arrest of the Republican Party worker in Virginia, claiming that "the only connection between Sproul and Pinpoint is that Nathan has, on occasion, used Pinpoint to hire some workers."

It was PinPoint Staffing, in fact, which reportedly hired the man Strategic blamed for the fraudulent registration forms turned in originally in Palm Beach. But while PinPoint continues to seek workers for GOP-related efforts around the country, and as Sproul's operations continue in "as many as 30 states", it is the Republican National Committee's response to the entire affair, including to the arrest today, that may be the most troubling...

The Rightwing finally choked on their own internal feedback loop last night. Mitt Romney paid the price for it. It could be a big one.

During the 2nd Presidential debate, as Obama responded to the phony Rightwing charge that it took him two weeks to refer to the deaths of four U.S. State Department officials in Benghazi, Libya as an act of terror, I tweeted the moment this way: "Obama's best answer of the night was on Libya."

When Romney took the bait and fell back on a false Fox "News" talking point, only to be corrected by the moderator, I followed with: "Candy Crowley does LIVE fact-checking! He DID call it an act of terror. #Journalism!" and then, as Romney kept digging: "Boom. Libya discussion just makes TOP of every post-debate wrap" and finally "If he doesn't screw up hereafter, Obama may have just won the Presidency in that Libya moment."

Here was the moment in question...

Indeed, as I also noted on Twitter just afterwards, the President had, in fact, referred to Benghazi as "an act of terror" during his first statement on the tragedy on the day following the incident.

Here's a helpful mashup of Romney stepping in it last night, contrasted next to Obama's actual Rose Garden comments from 9/12/12:

Adam Sewer at Mother Jones offers about as good of an explanation as I've seen for what I believe will be regarded as Romney's historic debate failure, and why the Right was finally hoisted publicly on their own insulated petard.

To put a sharper point on what went so desperately wrong for them, and what will continue to go wrong on the Right until they break out of their Karl Rove "we create our own reality", Fox "News" internal feedback loop trance, Rightwingers would have been far better served here if they had bothered to heed the advice that was also ignored by Tony "Scarface" Montana: "Don't get high on your own supply."

For the historic record, Obama referred to the Libya attack as an "act of terror" both on the day following the attack and then again on the day afterward. The direct quotes of both of those responses follow below...