Guest editorial by Ernest A. Canning

If the just released Los Angeles Times/USC poll is accurate, California voters have been able to appreciate that, despite its Orwellian label, "The California Jobs Initiative," Proposition 23 is nothing more than a scam advanced by industry polluters which would destroy both jobs and the environment.

Prop 23 represents a frontal assault on Assembly Bill-36, a landmark piece of bi-partisan green energy legislation, passed by a Democratic-majority state legislature, signed into law by a Republican Governor. That voters have come to recognize Prop 23 as a scam comes as no real surprise, especially since the "No on 23" campaign, courtesy of several Silicon Valley tycoons, raised more than $28 million to more than offset the $9 million spent by the industry polluters --- two Texas oil companies, Valero and Tessoro, along with the infamous Koch Industries --- in support of this oily and deceptive initiative.

Setting aside what this says about the sorry state of our electoral process in which the public must rely upon white-hat corporate donors, as opposed to the mainstream media "news" for the information vital to informed consent, the open question remains whether the public will be taken in by the more subtle, Chevron/Exxon-Mobil/ConocoPhillips/Occidental Petroleum-backed Proposition 26 --- what Bill Magavern of Capital Weekly aptly described as "The Polluter Protection Act", especially in the face of the slick and deceptive industry ads (see video below) used to advance the measure...

Just in. Yet another in the recent string of victories for (real) conservative values and the U.S. Constitution...

More details in the full AP story.

The order follows a successful lawsuit by the Log Cabin Republicans in which Judge Phillips found the military's policy --- which President Obama has chosen not to end with an executive order as he could have --- to be unconstitutional on First Amendment free speech grounds and a violation of the due process rights of gay and lesbian service members.

The decision also follows a string of other recent victories in federal courts for real conservative values, as confirmed by Republican-appointed judges, such as the U.S. District Court judge's finding this past August that California's Prop 8 ban on same-sex marriage violates the U.S. Constitution's Equal Protection clause.

As we noted recently, while it often takes far too long in this nation, the good news is that, eventually, Constitutional rights win and the haters lose. Today's ruling underscores that hopeful point --- in an otherwise dark period in this nation's history --- once again.

UPDATE 4:08pm PT: 21 Democratic U.S. Senators have sent a letter to the Obama Administration asking them to not appeal Judge Phillips' order. There are no GOP Senators signed on to the letter despite the fact that it was a GOP group who won the decision in court. While, to be fair, we also don't know if the Dem Senators asked the Republicans to sign or not, the fact that all of them voted against a repeal of DADT (if it were to be approved by the U.S. military) in the recent Defense Authorization bill suggests that it's likely none of the Republican Senators would have done so anyway. The letter from the Democratic Senators is now posted here....

UPDATE 10/15/10: Confusion reigns. Incredibly, the DoJ is asking the Judge to stay the order pending appeal after all. (Which part of "Unconstitutional" do you not understand, Mr. President?!) Of course, in truth, the decision is the DoJ's, not the President's directly. The Pentagon, earlier this week, has said for the moment they will not be enforcing DADT, though later in the week they told folks to not come out yet! Apparently. As mentioned, confusion reigns. Details on the appeal here. Memo from the Pentagon here.

Convicted federal criminal and Rightwing dirty-trickster James O'Keefe appears to have flagrantly run afoul of the rule of law yet again. This time, he appears to have violated and/or conspired to violate Maryland's Wiretapping and Electronic Surveillance Act. It would not be the first instance of him having done so.

The apparent violation(s) of state felony laws, revealed today as part of what is being reported as O'Keefe's "botched" attempt to "punk CNN", comes on the heels of O'Keefe's previous apparent violations of the very same laws in MD, though law enforcement officials have yet to hold him accountable, to date, for those previous offenses.

Documents and other material produced by CNN today suggest that O'Keefe secretly, and illegally, taped phone calls he had with CNN's investigative journalist Abbie Boudreau, and conspired to secretly video tape her in a compromising situation, also in violation of MD law.

O'Keefe, who is currently on probation after pleading guilty to a federal misdemeanor following another botched scheme in Louisiana earlier this year, seems to have broken similar laws last year in a number of states, including Maryland, where he secretly video taped employees at the offices of the community organization ACORN in Baltimore. Despite requests to MD law enforcement by a non-profit watchdog organization for a criminal investigation into the previous apparent violations of the state's felony wiretap laws --- and despite recognition of the "possible" violation of those laws in a number of law enforcement investigations elsewhere --- no action has been taken to date by state officials...

While we covered yesterday's all-time hottest day in recorded history here in Los Angeles (and that it happened in late September!) during today's Green News Report, I was later informed that, in fact, when the temperature got to 113, the thermometer actually broke!...

Did it actually get hotter than 113 here thereafter? Sure felt like it while working outside yesterday where it was, literally, a 100 degrees in the shade.

If you didn't catch today's Green News Report, it's worth a quick listen if only because the Fox "News" flashbacks to last January and February are worth their weight in Global Warming Denialist gold.

[Hat-tips to @GottaLaff and @RoseMarieHolt on the Twitters, where you can also follow @TheBradBlog here.]

Guest blogged by Ernest A. Canning

"A lie can travel halfway around the world while the truth is putting on its shoes."-Mark Twain

One of the basic axioms of law is that fraud vitiates consent. One of the foundational principles of democratic governance is that legitimacy rests on the informed consent of the governed. Come November, those principles will be tested in California.

Billionaire Meg Whitman, a former EBay CEO who surpassed the $100 million mark in campaign spending nearly a month prior to the traditional Labor Day kickoff of the Fall campaign, who, by Sept. 16, had donated a record-smashing $119 million of her own funds to her campaign, who refused to meet with former California Democratic Governor Jerry Brown and Republican State Insurance Commissioner Steve Poisner in a pre-primary debate, has knowingly sought to fill the gaping knowledge deficit created by the corporate media's gross neglect of its fourth estate responsibilities with disinformation about Brown, her Democratic opponent.

When confronted by an analysis which exposed a powerful but deliberately deceptive ad (video below) which shows former President Bill Clinton accusing Brown of lying about his tax record based on a CNN report which is now known to be erroneous, Whitman's spokesperson, Darrell Ng dismissed the idea of pulling the deceptive ad as "ridiculous"...

Beginning this afternoon I'll be sitting in with Harrison on Los Angeles' commercial-free Pacifica Radio affiliate KPFK on Wednesday afternoons from 3p to 4p PT (6p to 7p ET). I'll be in-studio with him most weeks for an hour of trouble-making and muck-raking and hope you'll tune in! We've got alotta muck to rake.

He's a busy guy, which you'll find out via his "Go Harrison!" website where you can also get a live streaming feed for the show.

KPFK is heard on air at 90.7 FM in the big L.A. market, on 98.7 FM in Santa Barbara and coast-to-coast and around the globe via KPFK.org where there are more live streaming options for ya. The call-in number is: 310-737-TALK. Feel free to give us a shout!

UPDATE 9/16/10: Here's the audio from my first outing with Harrison on KPFK yesterday.

MP3 Download or listen online below [appx 54 mins]...

Also, here's my appearance with Nicole Sandler on Radio Or Not this morning, in which we were able to focus on many more of the e-voting issues than we were able to get to on KPFK yesterday (as per Ernie's request).

MP3 Download or listen online below [appx 30 mins]...

Guest blogged by Ernest A. Canning

This November, California voters will be afforded a rare opportunity to directly decide whether to legalize and tax the lawful cultivation, processing, distribution, sale, and consumption of marijuana by and to individuals over 21 years of age.

By approving Proposition 19, formally labeled the "Regulate, Control, Tax Cannabis Act of 2010" [PDF], voters will take an important first step towards ending the costly, hypocritical, and liberty-destroying "war on drugs" which, like its predecessor (Prohibition), has created a lucrative niche for criminal organizations --- hypocritical because the covert agencies of the U.S. government have long engaged in drug trafficking in support of Empire even as the so-called "War on Drugs" has provided a convenient excuse for supporting brutal dictatorial puppet regimes whose function it is to serve the interests of what John Perkins described in Confessions of an Economic Hit Man as the "corporatocracy"...

Guest blogged by Ernest A. Canning

"Without a well-informed public, humanity itself and all species on the planet are threatened."-Dr. James Hansen, Storms of My Grandchildren: The Truth about the Coming Climate Catastrophe and Our Last Chance to Save Humanity.

That 'Tea Party' backing Koch Industries, an oily conglomeration which is ranked as one of the nation's worst polluters, has joined with two other Texas-based oil industry polluters, Tesoro Corp. and Valero Energy Corp., aka the "Toxic Twins," comes as no surprise. After all, Koch has already been aptly described by Greenpeace as "the kingpins of climate science denial."

It also comes as no surprise that California's Prop 23 measure on this November's ballot, which would require the state "to abandon implementation of [Assembly Bill 32's] comprehensive greenhouse-gas-reduction program that includes increased renewable energy and cleaner fuel requirements, and mandatory emission reporting and fee requirements for major polluters such as power plants and oil refineries," was submitted [PDF] to the CA Secretary of State's office bearing an Orwellian label, the "California Jobs initiative" --- an initiative that has the backing of "Tea Party" darling and former Hewlett Packard CEO Carly Fiorina, whose idea of "jobs creation" entails the transfer of domestic jobs overseas.

This corporate deception mirrors Pacific Gas & Electric's effort to use the ballot box as a vehicle for acquiring monopoly power. PG&E deceptively described its failed Prop 16 initiative, on last June's ballot, as the "Taxpayers Right to Vote Act."

There's a good chance that, just as they defeated Prop 16, CA voters will see through the "jobs creation" scam of Prop 23. But, if current polls are indicative, a large segment of an under-informed electorate who, in their disgust with President Obama's betrayal of "change we can believe in," are being taken in by billionaire-funded "poison populism" --- moving to the Right when the health of our economy and of humanity itself cries out for a sharp turn to the Left...

Guest blogged by Ernest A. Canning

After months of electoral politics conducted exclusively by way of dueling, 30 second propaganda slots (aka paid-for political ads), incumbent Senator Barbara Boxer (D-CA) and her Republican challenger, former Hewlett-Packard CEO Carly Fiorina conducted what excluded Green Party candidate Duane Roberts derided as "a sham debate between two multi-millionaires backed by big business interests."

While there is some merit in Roberts' complaint, the debate proved of vital importance, especially since it exposed the extreme views of the lesser known Fiorina on a variety of issues ranging from her opposition to environmental protection, opposition to marital equality for same sex couples, and her outright call to reverse Roe v. Wade. But the most telling aspect was that the debate exposed Fiorina to be an unapologetic proponent of outsourcing and corporate globalization, which, since the passage of NAFTA, has proved to be the bane of the American middle-class.

That made this a debate of manifest importance to the people of California. Yet the corporate media, whose financial interest is served by failing to provide meaningful news coverage, thereby forcing candidates into the paid-for propaganda slots, proved true to form. Live coverage was limited to Cox Communications' Oakland, CA, affiliate, KTVU...

*** Special to The BRAD BLOG by Guest Blogger Jim Cirile

It's been a while since we've checked in with election fraud whistleblower turned would-be politician Clint Curtis, so let's bring everyone up to speed. Clint Curtis is the computer programmer who was allegedly asked to write election-flipping software by former Florida Speaker of the House-turned-U.S. Congressman Tom Feeney (R) back in 2000. Curtis blew the whistle and testified, under oath and on video tape, before a U.S. House Judiciary Committee panel shortly after The BRAD BLOG broke the extraordinary story in late 2004. (Quick recap of the Curtis story and links to our years-long, in-depth coverage right here.)

Curtis fought back, taking on Feeney twice for his congressional seat, only to lose both times - the first to a fishy vote count in 2006 (which Curtis challenged with evidence in hand, only to be shot down by a Democrat-led Congressional committee) and the second time to a pro-Bush Blue Dog millionaire put up by the Dems in the 2008 primary. Feeney, dogged by Curtis' allegations, and an FBI investigation into his dealings with disgraced Republican lobbyist Jack Abramoff, would finally lose his seat in '08. (Curtis' story is covered in depth in the award-winning 2008 documentary film Murder, Spies & Voting Lies.)

You'd think that'd be enough politics for anyone, but not Curtis. He loaded up the truck and moved several hundred miles north of Beverly… Hills, that is. Now armed with a brand-spankin' new law degree, he is mounting one more assault on a Congressional seat --- this time in Northern California's 4th Congressional district.

Will this be another quixotic attempt? Or will the progressive Democratic candidate who ran unchallenged in the recent CA primary, finally break through, giving Congress a much-needed voice of reason and election integrity advocates a serious ally in the House of Representatives?

I recent spoke to Curtis about all of the above, and much more...

Guest blogged by Ernest A. Canning

In Meg Whitman, Wall Street, 'Billionaire Sociopaths' and the Media 'Substance Deficit' I reported:

Apparently Whitman now feels that campaigning exclusively by way of paid-for propaganda (political ads) will not be enough to evade scrutiny of her economic "plan" to "rescue" California's economy (a rehash of Bush tax cuts for wealthy people and business, the elimination of climate change regulations and imposition of further draconian spending cuts to a state government already operating on life support --- a plan which a group of economists, including Stanford University's Kenneth Arrow, a Nobel laureate, have derided as policies which would "deepen California's budget crisis and are likely to reduce employment and economic growth").

Whitman has now pandered to what she may mistakenly believe was a majority of Californians who voted against marriage equality in passing Proposition 8...

Guest blogged by Ernest A. Canning

Proponents of equality for all will have to wait a bit longer --- again --- before seeing marriage equality return to the Golden State.

A three judge panel of the U.S. 9th Circuit Court of Appeal has issued an order [PDF] granting a motion to stay the Aug. 4, 2010 decision by a U.S. District Judge which had found California's ban on same-sex marriage to be unconstitutional. Judge Vaughn Walker's ruling would have allowed marriage equality to resume as of Wednesday, but that is now on hold pending appeal by proponents of the constitutional amendment put into law by Proposition 8 in November of 2008.

The 9th Circuit panel, on its own motion, expedited both briefing and a hearing on the appeal, which will be scheduled for the week of December 6. The stay essentially means that California officials could not sanction new same-sex marriages until either a decision is rendered on the appeal or the panel lifts the stay.

Addendum In my haste to report on this breaking story, I neglected to include the following statement from the 9th Circuit decision...

The conservative victories in favor of the Constitution and equal rights for all continue, as the Reagan/Bush I-appointed U.S. District Court Judge Vaughn Walker has just ruled that same-sex marriages in California may resume once again as of 5pm PDT, August 18th.

Opponents of equality have until then to appeal the decision at the 9th Circuit Court of Appeals.

Walker's ruling today follows his recent ruling which found that the state's Prop 8 constitutional amendment banning such marriages is in violation of the U.S. Constitution's equal protection and due process clauses.

• The court's 11-page ruling, lifting his temporary stay, is now here [PDF].
• CNN coverage
• MSNBC coverage
• Fox "News" coverage (emphasizing possibility of appeal)

Seriously, what part of "conservative values" and the "U.S. Constitution" do Fox "News" "conservatives" not get?

As we've been pointing out for years, and as we re-iterated yet again on Wednesday when CA's Proposition 8 banning same-sex marriage was found to be unconstitutional by a Reagan/Bush I-appointed federal judge, the ruling was "Great news for real conservatives who believe in the U.S. Constitution and its guarantee of equal protection under the law!"

Poor Fox "News" viewers, however, have been so obscenely and opportunistically disinformed for so many years about what "conservatism" actually means (basically, they've been told by the Fox/GOP opportunists that Republicanism is the same thing as conservatism, when it's usually anything but, and foolish folks on the non-Right have continued that fiction by describing them as "conservatives"), that they've had a next-to-impossible time wrapping their grotesquely disinformed brains around what last Wednesday's extremely conservative ruling actually means.

The scam that has been played on wingnuts --- inaccurately and opportunistically conflating Republicanism with Conservatism --- has rarely been more clear than it was on Fox News Sunday today, when anchor Chris Wallace's "conservative" disinformation train ran smack-dab into the brick wall of conservative facts and reality offered by Theodore Olson, George W. Bush's former Solicitor General (he of the infamous Bush v. Gore), who happens to be the plaintiff's victorious lead attorney in the Prop 8 case.

So, we'll ask again: What part of "conservative values" and the "U.S. Constitution" do Fox "News" "conservatives" not get? As we've got many such disinformed phony "conservatives" trolling us here at The BRAD BLOG, we'll look eagerly forward, as always, to their amusing, self-defeating, non-conservative, anti-Constitutional comments in reply to this video [courtesy of RAW STORY]...

Great news for real conservatives who believe in the U.S. Constitution and its guarantee of equal protection under the law!

A U.S. District Court Judge, first nominated by Ronald Reagan and then appointed under George H.W. Bush, has struck down CA's Prop 8 which added an amendment to the state constitution banning same-sex marriage equality. The state's majority Republican-appointed Supreme Court had previously found no basis for banning same-sex marriage in the CA constitution. That finding was, in effect, overturned at the ballot box in November 2008 by Prop 8 which ended same-sex marriage in the state and left thousands of marriages in limbo until today's finding.

As New York Magazine was first to report...

TPMMuckraker's Rachel Slajda reports that "Supporters of Prop 8 (that is, opponents of gay marriage) have already promised to file an appeal," and she now offers more quotes from Judge Vaughn Walker's landmark decision.

• Here's a copy of the final ruling [PDF].

And just a reminder to those of you foes of equality and the Constitution: Remember, where same-sex marriage is found to be legal and Constitutional, it will still be voluntary. You will not be forced to marry someone of the same sex. Just in case that's been unclear up until now.

UPDATE: CNN reports that, in a separate ruling [PDF], Walker grants a stay to his finding, pending appeal by the opponents of equality. If appealed, as is almost certain, the case will go to the 9th Circuit Court of Appeals and then likely to the U.S. Supreme Court.

Marcy Wheeler of emptywheel tweets a very interesting point, worth remembering, in relation to the likely inevitable hearing before the U.S. Supremes...