Guest blogged by Ernest A. Canning

Arizona Gov. Jan Brewer and the GOP state legislature received another setback to their controversial anti-immigrant legislation on Monday. In a 2-1 decision, the Ninth Circuit Court of Appeal upheld an earlier U.S. District Court finding that puts the breaks, for now, on a number of provisions in the bill.

In their ruling in United States vs. Arizona, the court found a number of the most controversial provisions of the state's SB 1070 were likely preempted by the federal Immigration and Nationalization Act (INA). The decision leaves in place a preliminary injunction by the lower court barring enforcement of key provisions of the Arizona law.

The case does not, however, address the issue of whether SB 1070 gives rise to unlawful racial profiling.

The doctrine of preemption derives from the Supremacy Clause of the U.S. Constitution. If Congress intends federal law to "occupy the field" or if state law conflicts with a federal statute, it is said to be "preempted" by federal law, which means that the federal law, as the supreme law of the land, supersedes state law...

Guest editorial by Ernest A. Canning

To what extent has xenophobia greased the wheels of the right-wing smear machine?

For those who follow The BRAD BLOG, the pattern is all too recognizable.

A venal hard-right, operating through a pathological, race-baiting con-artist, like Andrew Breitbart, targets, for one of its deceptive smear campaigns, a group, like ACORN, or an individual, like Van Jones or Shirley Sherrod.

The smear is amplified by the propagandists at Fox "News." It reverberates throughout the right-wing echo chamber (which has usurped the majority of our public airwaves to bolster their agenda). The smear is then repeated by pliant mainstream corporate media, which will, at best, offer up a belated, chiseling, inaccurate "correction" --- too little and too late to undo the damage wrought by a Democratic "opposition" which timidly seeks to distance itself from the smeared as they scurry to hand the hard-right what it seeks (e.g., a bill stripping ACORN or NPR of public funds, or the forced resignation of the targeted individual).

There is no doubt but that some of the corporate media complicity derives from common financial interests. As Bill Moyers observed in Moyers on America, "media giants...exalt commercial values at the expense of democratic value...squeezing out the journalism that tries to get as close as possible to the verifiable truth."

But there is another issue, magnified by two recent events: (1) The matter-of-fact acceptance of the prompt resignation of two NPR officials over a secretly taped and deceptively-edited video hit piece in which two of convicted federal criminal and Republican con-man James O'Keefe's flunkies posed as members of a Muslim organization seeking to help fund NPR, and (2) The deafening corporate media silence over an outrageously racist remark by a right-wing Kansas state representative who compared "illegal immigrants" to "feral pigs"...

...in 18 seconds. We are a country of jackasses. Here's proof...

[Hat-tip Barbara Morrill at dKos]

Yesterday, the White House denied a claim made by Arizona's Republican Sen. Jon Kyl that he was told personally by President Obama that he would not work to secure the Mexican border unless it was part of comprehensive immigration legislation.

"The president didn't say that and Senator Kyl knows it," White House Communication Director Dan Pfeiffer told POLITICO yesterday in their story which includes video of Kyl's claims being made to supporters in Phoenix.

Today, Media Matters has a long list detailing Kyl's well-documented history of blatantly false claims.

But we had our own run in with Kyl --- and his proclivity to just pull stuff out of his hind-quarters when speaking to the press --- during the 2008 Democratic Convention, both outside, and then inside the Pepsi Center.

Remember this BRAD BLOG exclusive from August 28, 2008? When we seemed to be the only member of the media willing to press Kyl on his bullshit?...

Guest blogged by Ernest A. Canning

In "Meg Whitman, Wall Street, 'Billionaire Sociopaths' and the Media 'Substance Deficit,'" we noted:

Now comes a SurveyUSA poll, conducted May 6-9, revealing that Whitman's once commanding lead over CA Insurance Commissioner Steve Poizner has all but evaporated. Where she led Poizner by 22% on April 22, Whitman is now said to hold a meager 2% lead. One suspects that, in the wake of a hard-hitting, front page May 12 Los Angeles Times article, "Whitman's words put spotlight on deeds," Whitman's once-commanding lead may soon become a deficit.

The Los Angeles Times followed up on May 13 with a separate piece, "Companies challenged Poizner business claims," which revealed that a major portion of Poizner's wealth was acquired when SnapTrack Inc., the company Poizner founded, was sold to Qualcomm. Poizner claims SnapTrack invented mobile-phone GPS technology. In pending lawsuits, other companies accused SnapTrack of infringing intellectual property rights, and, the Times reports, "as SnapTrack developed its GPS technology, Poizner faced another test of his entrepreneurial skills, as a special interest trying to bend the Washington regulatory process his way."

The drastic change in the recent public opinion polls is tied not only to the fact that her fellow billionaire Poizner unleashed his own paid-for propaganda (ad) blitz, deconstructing Whitman's one-sided narrative. Nor is the change tied only to hard-hitting, if overdue, front page newspaper exposés on the facts behind how these two rapacious "business people" amassed their fortunes.

Disturbingly, Poizner's late gain in the polls may be attributed to his open embrace of Arizona's version of apartheid South Africa's infamous "pass laws." Poizner's is a cynically calculated effort to scapegoat immigrants while deflecting attention from the true source of California's fiscal woes: the very same billionaire sociopath economics in which both he and Whitman amassed their fortunes...

It was nearly two years ago that the L.A. Police Department, in full riot regalia, fired rubber bullets and tear gas on an otherwise peaceful May Day immigration rally in MacArthur Park. We covered the stunning "May Day Melee" fairly extensively, as it was breaking here at the time. The story, which received a bit of national coverage at the time, also brought an ensuing spate of racist commenters over to The BRAD BLOG in response, many of whom blamed the victims in appalling screeds.

So a bit of good news on that front, today. On Wednesday, the LA City Council unanimously approved a settlement of nearly $13 million to those who were injured and mistreated by the LAPD that day. The agreement covers approximately 90% of the claims --- about 300 in total --- filed against the city and the LAPD alleging misconduct by the officers. There are still a few pending claims, two in federal court and 15 in state court, according to the LA Times, from some of the journalists and others who were also injured in the melee.

The Times reports that "Council President Eric Garcetti noted that the cost of the May Day agreement was enough to hire almost 130 police officers."

Councilman Ed Reyes, who represents the MacArthur Park area, recognized the importance of trying to set things right. "This was very, very critical," he's quoted in the Times. "Now we can say we acknowledge our mistakes; we are making every effort to address the weaknesses in our process, in our implementation as a Police Department, and more importantly recognizing that the community does matter."

Much of the shocking melee was caught on tape by both television stations and citizens at the rally. Among the most striking of the coverage from citizen journalists at the time was that of Jonathan Mann, whose terrifying video we ran at the time, and post again below as a reminder of what happened.

Below that, we also rerun his personal video response to the racist comments which came pouring in following coverage of the incident...back when fears of a massive immigrant invasion of the United States were being shamefully stoked by the GOP in hopes of political gain. Funny how the immigration "crisis" in America seems to have just disappeared at some point...

Hat-tip to Pokey Anderson, who shares the above, offering us a Sunday excuse to run a few more such familiar old favorites from the annals of Hannity's America...

Guest Blogged by Alan Breslauer

The following photo and head-spinning irony comes courtesy of Joseph Cannon, who, in his item headlined "God Bles America," also adds "take that foringers!"...

Un-believable. Sen. Mitch McConnell (R-KY) has introduced an amendment to the proposed new Immigration Law that would require disenfranchising Photo ID restrictions on voters at the polling place, according to a press release just out from National League of Women Voters.

The provision tagged onto the immigration bill would amend the horrible Help America Vote Act (HAVA) of 2002 that McConnell co-sponsored and pushed through to passage along with his Republican counterpart and lead author in the House, the now-jailed Rep. Bob Ney (R-OH) and Sen. Christopher Dodd (D-CT) and Rep. Steny Hoyer (D-MD).

The key provision in the amendment is as follows:

Apparently, it's not enough for the Republican White House operatives to create phony "grass roots" groups to create propaganda solely for the purpose of forwarding the fraudulent notion of a massive "Democratic Voter Fraud" epidemic (which doesn't exist).

It's not enough to toss legitimate voters from the voter rolls through purges and "caging" lists to remove legal, minority voters (many serving overseas in Iraq, nonetheless) so they are not allowed to exercise their legal franchise.

It's not enough to remake our entire Department of Justice into nothing more than a branch of the Republican party for the specific purpose of bringing trumped up "voter fraud" indictments in hopes of shaving votes in close elections and otherwise gutting the beloved 40 year old Voting Rights Act for purely partisan gain.

No. Come hell or highwater, these democracy hating Republican thugs are going to find a way to keep you from voting --- even if they have to amend every piece of legislation that comes before them to try and do it --- because, otherwise, they can't win elections.

If McConnell's provision is not defeated, fillibustered, or whatever it takes by every goddamned Democrat in that body, well....good luck voting them out of office either. But they'll sure as hell deserve it. Every. Single. One of them. (As if those who pushed through the Iraq funding bill capitulation don't already deserve to be removed from office.)

These Republicans are absolutely beyond contempt and, clearly, despise the most basic American values at the very core of our once-great Republic. They hate everything about it. They are loathesome. And the Dems damned well better stop them dead in their tracks.

Rick Hasen has the complete amendment and additional details on the latest insipid GOP/McConnell scam.

Some thoughts from GameJew's Jonathan Mann who says "human rights are human rights no matter who you are," in the wake of his stunning video account of the LA May Day Melee and the firestorm of astoundingly racists comments and controversy which came in it's wake. Such comments were found at both his blog and on our own after running startling first-hand video account of LAPD in riot gears firing rubber bullets into the crowds and beating down men, women and children with batons during an Immigration Day rally...

We share his sentiments, and thank him again for his landmark and courageous work of citizen journalism.

UPDATE 2/5/09: L.A. agrees to $13 million settlement with victims of the 2007 "May Day Melee". Details...

Terrific first-hand video reporting from the scene at the May Day Melee here in Los Angeles which we covered as it broke late last night.

The following video report features tremendous --- and often terrifying --- footage from before, during, and after LAPD officers in riot gear began firing rubber bullets into the crowd of immigration demonstrators, including many women and children who were clearly caught completely off guard. The show of force from the LAPD was quite impressive, to say the least.

Congrats and thanks to citizen journalist Jonathan Mann for his superb coverage while he was often caught himself among the panic and confusion...

UPDATE 5/6/07: Mann posts some personal observations, again on video, about the extraordinary response that has come in the wake of his video report, including the exceptionally racist comments left both on this blog, and on his own.

UPDATE 2/5/09: L.A. agrees to $13 million settlement with victims of the 2007 "May Day Melee". Details...

Officers in riot gear from the Los Angeles Police Department fired rubber bullets and used tear gas to disperse a "crowd of hundreds" gathered at a local park for a previously peaceful May Day immigration rally tonight.

National rally coordinators are protesting the action and have sent us a statement via email asking citizens to call on LAPD Chief William Bratton and LA Mayor Antonio Villaraigosa to demand an independent investigation into the "May Day incident at MacArthur Park." They are also seeking information from anyone in the crowd at MacArthur Park in Los Angeles during the incident. The statement, sent from Lee Sui Hin, National Coordinator from the National Immigrant Solidarity Network/Action LA Coalition, is posted in full at the end of this article.

NBC 4 is reporting that Bratton is claiming "15 officers were hit by missiles that were thrown at them by 'certain elements of the crowd ... who we don't believe were representative' of most of those who were there...While he spoke, a person could be heard declaring, 'That's not true.'"

He's promised an investigation, though the rally coordinators are demanding tonight that an independent commission be appointed to look into the matter.

Fox 11 has a very good first-hand video report, featuring their local reporter who had been covering the rally and said she heard no notice to disperse, as claimed by the police. Her crew was roughed up, as seen in the video.

AFP reports that some 200,000 rallied nationwide today. Here's what UPI is reporting tonight on the LA incident:

LA Times is reporting, in contradiction to UPI that:

UPDATE: 5/2/07: Extraordinary new video now available here...

The complete statement from the National Immigrant Solidarity Network follows below...