Guest blogged by Ernest A. Canning

On Nov. 12, the Center for Constitutional Rights (CCR) filed a lawsuit in U.S. District Court alleging that separate House and Senate Resolutions to bar all funds to the Association of Community Organizations for Reform Now (ACORN) were unconstitutional Bills of Attainder, which violated ACORN's Fifth Amendment right to due process of law and First Amendment right to freedom of association. (See Rachel Maddow's excellent coverage and explanation of a "Bill of Attainder" here.)

The CCR suit "seeks a temporary restraining order to prevent the government from reallocating funds designated for the organization and its affiliates and a preliminary injunction to stop Congress from singling out a single organization for punishment without proper investigation or due process."

During his Nov. 13 appearance on Democracy Now, CCR Attorney Bill Quigley (video below) warned that if constitutionality of the legislation is not legally challenged, ACORN could be but the first of numerous groups seen as supportive of Democrats whose funding will be challenged, as that rightwing blogs are already looking to target the Service Employees International Union (SEIU) as well.

While the suit presents a significant legal challenge, and while there is little doubt that ACORN has been the victim of a GOP witch hunt which, as Brad Friedman and others have reported, included the "phony 'voter fraud' charges" that were at the "heart of the U.S. Attorney purge scandal," the willingness of so many Congressional Democrats to jump at the chance to punish ACORN via this Bill of Attainder may also entail something more subtly insidious...

With the U.S. House having passed its version of a health care insurance bill (H.R. 3962 [PDF]) last night by a vote of 220 to 215, it may be instructive to take a very quick look at a couple of the outlier votes from each party.

The bill passed with just two votes to spare, leading one to wonder if Republicans are having any regrets about having hosed their own party's candidate in the NY-23 special election last Tuesday when the two Congressional seats up for election --- the one in NY and another in CA --- both went to Democrats, but that's another issue entirely.

Let's take a look at the reasons offered by two candidates who bucked their own party's in the historic House vote last night, as each seem quite instructive on a number of levels...

So we went out to Griffith Park out here in L.A. on Sunday to check out the kick-off day for the new "Tea Party Express II" national tour. Thought we might meet some interesting people and file a quick video report. Met a lot of interesting people, and so ended up making a short film of sorts. Enjoy. Spread the word. Go tell the story ("both sides")...

UPDATE 10/29/09: Boy, it's tough to compete with the Tea Baggers in the satire department, even when they're not actually trying to be satirical. As God is my witness, coming to you with a straight face this Thanksgiving --- Tea Party: The Documentary Film!...

UPDATE 11/9/09: As of today, we've had more than 11,000 views of Rise of the Tea Bags at YouTube. By Tea Bagger math, that's more than 3 million views! And yet, the media refuses to report it!!! Also, here's my interview on Air America Radio's Ring of Fire discussing the video...

Guest blogged by Ernest A. Canning

Coinciding with an internal Senate Democratic Caucus debate over health care reform that Senator Ben Nelson (D-NE) described as only “slightly less raucous than the town hall meetings,” the non-affiliated progressive activist group Democrats.com has launched a petition campaign aimed at curtailing donations to official Democratic fundraising organizations [emphasis in original] until "the Democratic Congress passes --- and President Obama signs --- healthcare reform with a robust public option."

That "robust public option" is defined in the petition as being "based on Medicare rates, not negotiated rates," available "nation-wide, with no state opt-outs," "administered by Medicare, not a for-profit insurance company." and "available immediately."

The idea that the public option would be managed by a private insurance company has recently emerged in reports of Congressional negotiations aimed at merging various versions of the legislation passed by separate committees in the House and Senate, as noted by RAW STORY's John Byrne today.

The progressive activists campaign calls for signatories to respond to requests for donations from the three major Democratic campaign/fundraising organizations --- the Democratic National Committee (DNC), the Democratic Senatorial Campaign Committee (DSCC) and the Democratic Congressional Campaign Committee (DCCC) --- with a http://www.democrats.com...rike-for-public-option\">link to the petition, instead of funds, until such legislation has been passed and signed by the President.

"Until then," the petition states, "I will only support individual Democrats who support single-payer Medicare for All (the 88 sponsors of HR 676)."

"We elected solid Democratic majorities in Congress and a Democratic President to fulfill Democratic promises of progressive change," the statement continues, "We did not elect Republican Senator Olympia Snowe to break those promises."

The complete short petition follows in full below...

Please see below for Jeremy Scahill at The Nation who, last week, covered the outrageous hypocrisy of federal legislation targeting ACORN (who committed no crimes), while the top 100 government contractors, who made "nearly $300 billion from federal contracts in 2007 alone" paid some "$26 billion in fines to settle cases stemming from fraud, waste or abuse".

By way of contrast with the federally favored criminal corporations, Scahill notes, "Over the past fifteen years, ACORN has received just $53 million in federal funds, much of it for low-income housing." Despite that, "In mid-September all but seventy-five House Democrats and seven senators voted with their Republican colleagues to bar the group from receiving federal funds."

The corporate welfare queens, of course, face no punitive legislative by Congress and are allowed to carry out their waste, fraud, abuse and often extraordinarily criminal behavior while on the tax-payer dole and nobody --- Republican or Democrat --- bats an eye.

Following the Scahill quotage on these points below, you'll find a must-see video clip of Florida's tenacious Rep. Alan Grayson, handing it to his Republican colleagues in a committee hearing this week, for their attempt to pass an "unconstitutional bill of attainder" meant solely to punish the GOP's favorite stalking-horse, ACORN. (See Rachel Maddow's expert coverage on the unconstitutionality of such bills, as posted late last month, for more details.)

Grayson's flat-out, apologetically cold-hearted unwillingness to yield the floor to the disingenuous wingnut cabal, and his shaming of them for pushing such an outrageously unconstitutional bill, is something to behold. Would that he were the model for what all Democrats sounded and acted like on behalf of the people. [Hat-tip to BRAD BLOG reader David Lasagna for the heads-up on that video. Now go watch it below!]

Following on Rachel Maddow's tremendous coverage last Thursday of the GOP's years-long witch-hunt of ACORN, and the media's abysmal job at telling the truth about the lies used to smear the community organization, the MSNBC journalist calls it an "outrage" and kept her promise of following up with another episode on Friday. The video is below.

We welcome her coverage of so much of what we have been reporting, sometimes almost completely alone, for years, and as further detailed now by a new academic study titled "Manipulating the Public Agenda: Why ACORN Was in the News, and What the News Got Wrong."

Maddow continued her long-overdue exposé, by examining the "Defund ACORN Act of 2009," which recently passed both houses of Congress by large margins, after sting videos showing low-level ACORN employees behaving stupidly (but breaking no laws) were created and posted by rightwing operatives. As she notes, the Congressional bill appears to be both unconstitutional, and incredibly hypocritical, given that other, still-federally funded organizations --- such as Halliburton, Blackwater, and many, many more --- often receive far more federal funding in a single day than ACORN has received during the organization's entire lifetime.

Furthermore, those other organizations, which still receive billions from the U.S. government, were actually found to have committed actual crimes, such as millions of dollars worth of fraud, have been charged with murder and the deaths of U.S. troops, and even involve child prostitution and sex slavery!

It's odd that Fox "News," Glenn Beck, Andrew Breitbart, Matt Drudge, Sean Hannity, et al. (including the bulk of the non-wingnut media!) have yet to point these matters out, isn't it? So thanks to Maddow, again, for doing so, along with credit to both Joe Conason, who pointed out some of this hypocrisy recently at Salon and, yes, ourselves, who similarly opined at the UK's Guardian.

Be sure to see her must-watch Thursday report back here. Her Friday report follows below, along with our repeated "thank you" to Rachel, and offer to help on any number of still-unreported points in the continuing GOP witch-hunt that both the media and Democrats have embarrassingly fallen for, and about which we have been reporting for years...

UPDATE 9/29/09: The third report in Maddow's must-see series is now posted here...

Guest editorial by Ernest A. Canning

Last week, in his address to a joint session of Congress, President Obama correctly noted:

That was the easy part. Anyone who has paid attention understands that the core problem lies in the profit motives of the private insurance and pharmaceutical industries.

Thus, the President's diagnosis of the U.S. health care system was accurate, but did he prescribe "change we can believe in?"...

Guest blogged by Ernest A. Canning

Lanny Davis is an exceptionally talented lawyer, so much so that his close friend, the infamous Watergate mastermind, G. Gordon Liddy, reportedly said that Davis "can defend the indefensible.”

After watching Davis's skillful, yet deceptive, Aug. 7, 2009, performance on Democracy Now (video below), I had to admit that this is one of the few Liddy assessments with which I can concur.

It was supposed to be a debate between Davis, who represents a group of Honduran business elites formally operating as the Latin American Business Council of Honduras (CEAL), and Greg Grandin, professor of Latin American history at New York University, pertaining to recent events in which, as reported by The New York Times, "Honduran President Manuel Zelaya was ousted in a military coup after betraying his own kind: a small clique of families that dominates the economy." Zelaya imposed "a 60 percent increase in the minimum wage" in a nation where, per a Business Week article, quoted by Grandin, "two-thirds of its 7.8 million citizens live below the poverty line...The country has one of Latin America's most unequal distributions of wealth."

A well-prepared Davis, seeking to defend the indefensible, had no intention of permitting real debate. His strategy was to dominate the discussion and denigrate any comments that did not square with his distortions as "ideological rants." His dissembling would later be exposed in a fact-check article authored by Grandin, who had trouble getting a word in edgewise during the "debate."

While Davis's slick performance, which began with an unwarranted assault on Amy Goodman's impartiality as a moderator, should be seen, the core issue to be addressed here pertains to the fact that Davis, who served as Special Council to President Bill Clinton, actively supported Sen. Joseph Lieberman's (I-CT) campaign against Ned Lamont and the Presidential campaign of Hillary Clinton, describes himself as a "liberal."

Perhaps. But if so, that only makes ever clearer the difference between Davis's brand of "liberalism" and true progressive values...

Guest blogged by Ernest A. Canning

In an update to Small Victory for a Long-Term Single-Payer Strategy, I reported that “Rep. Anthony Weiner, (D-NY) will...make a motion before the House Energy & Commerce Committee to...replace H.R. 3200 [the hybrid, "public option plan] with H.R. 676 --- single payer Medicare for All."

In exchange for Weiner's agreement to withdraw his amendment during the House Energy and Commerce Committee health care markup session, House Speaker Nancy Pelosi (D-CA) promised to permit Weiner to bring H.R. 676 to a vote on the House floor.

But will the House leadership direct the Congressional Budget Office (CBO) to provide a comparative cost analysis between single-payer and alternative plans so that Congress and the American people can make an informed choice? And why have they refused to do so so far?...

AllSpinZone's Richard Blair comes out of self-imposed blogging hiatus --- writing via email that he's "not sure what it means that my internal levy finally broke this evening" --- to notice:

Is there a reset button for the reset button? If so, the coming Congressional recess would be a good time to hit it, boys and girls on Capitol Hill.

"The Mendacity of Nope"...

In response to AP's Friday headline announcing "Conyers wants criminal probe of Bush 'abuses,'" David Swanson posts this "important breaking sarcasm"...

See Swanson for the rest...

We ran that video last week, and found it was linked to by an enormous number of rightwing websites, using the opportunity to suggest that Maher now agreed with them about Obama.

This week (video above-right) Maher clarified the record. He first noted: "Last week in this space, I criticized President Obama for not fighting corporate influence enough, and it made some Liberals very angry. My phone rang off the hook." But he then removed any doubt about whether he was actually "in league" with those on the Right.

"As far as you folks on the Right that think that we're somehow in league --- we're not in league! I was criticizing Obama for not being hard enough on the corporate douche bags you live to defend. I don't wanna be on your team. Pick another kid."

"So I stand by my words," Maher said, before launching into a no-holds barred attack on the Democrats and Obama for their failings, yet again. "There is another side to the story. And that is, that every time Obama tries to take on a Progressive cause, there's a major political party standing in his way --- the Democrats."

"We don't have a Left and a Right party in this country anymore. We have a center-Right party and a crazy party. And over the last thirty-odd years, Democrats have moved to the Right, and the Right has moved into a mental hospital."

He went on to criticize Democrats for becoming the party of "hedge fund managers, credit card companies, banks, defense contractors, big agriculture and the pharmaceutical lobby [who] sit across the aisle from a small group of religious lunatics, flat-earthers, and Civil War re-enacters...who mostly communicate by AM radio and call themselves the Republicans."

The major concluding thesis in his scathing criticism: "Bottom line, Democrats are the new Republicans"

Diane Sweet of RAW STORY observed in her coverage: "If Maher had finished by declaring his candidacy for public office, by the sound of the applause in response to his monologue, he would have left the studio Friday evening with an audience full of supporters."

If you're unable to watch the video (above right), a text-transcript of the key quotes from this week's must-see monologue follow below. As with last week's, we find ourselves hard-pressed to disagree with a word of it...

Guest Editorial by Ernest A. Canning

"Americans think that it’s healthcare that produces health, when there really is very little evidence for that. What turns out to be really important is the nature of caring and sharing in society….Where societies are more equal --- and economic equality is the thing that is most important in this --- people look after each other…and pretty well everyone does better. There’s almost nothing that is better in a society that tolerates the extreme levels of inequality in the United States. And so, we end up dying younger than people in all the other rich countries, despite spending half the world’s healthcare bill." - Dr. Stephen Bezruchka, March 30, 2009

"Who are we? Is this what we have become --- a nation that dumps people off like garbage who can't pay their hospital bills?" - Michael Moore, following a segment in which a confused elderly woman in a flimsy hospital gown is dumped curbside near a Skid Row rescue mission, in his documentary Sicko!*

In Failed States (2006), Prof. Noam Chomsky, a preeminent linguist and one of this nation’s most prolific political writers, concludes that the U.S. suffers from a “democracy deficit” --- the significant gap between the policy positions of the electorate and their elected representatives --- which he attributes to the manner in which “elections are skillfully managed to avoid issues and marginalize the underlying population…freeing the elected leadership to serve the substantial people.”

The deficit is especially acute in what Chomsky describes as “the most dysfunctional healthcare system in the industrial world.” Chomsky notes that a single-payer system --- that is a system in which all medical providers would be paid by a government entity as now occurs with Medicare --- has long been overwhelmingly favored by “a considerable majority” of the American people, but routinely dismissed by both the corporate media and the leaders of both political parties as “lacking political support” and not being “politically possible.”

The issue touches on the core contradictions which arise because we have allowed private authoritarian entities, corporations, to subvert democracy by controlling our economy, our mass media and the manner in which we conduct elections.

This piece will focus on the irrationality of a privatized health care system which values the wealth of a handful of CEOs of the parasitic and entirely unnecessary middle-men --- for-profit carriers and HMOs --- over the health and very lives of our people. It will explain what corporate America and their bought-and-paid-for politicians do not want you to hear...

The faux Republican outrage over Nancy Pelosi's perceived slight, in charging that CIA briefers directly misled Congress, has been amusing to watch. Even as the Democrats' seeming inability to either defend her, or fear of sinking into the same phony political sandtrap, is disappointing. But Democrats seem to excel at disappointment these days, so that part of the ginned-up story is hardly surprising.

The GOP hypocrisy in charging that Pelosi has somehow hurt the morale of The Agency in the bargain (and, as bonus, that Obama's release of the Bush Torture Memos has endangered CIA operatives) has been all the more amusing to witness, in their complete and entire selective amnesia of their party's own 100%, unqualified support of a White House which, for the first time in the history of this nation, had publicly outed the identity of a covert CIA operative. In unapologetically exposing Valerie Plame-Wilson, and completely destroying her entire, crucial network monitoring the trafficking of WMD in the Middle East along with it, untold damage was brought not only to CIA operatives risking their lives in the defense of this nation, but also to the national security of the nation itself, which was significantly blinded in the Middle East --- and on the issue of WMDs, of all things --- at a time when we were theoretically going to war there, over that very issue. Yet, the Republicans chose to side with the criminals in treason, over the "morale" or "effectiveness" of The Agency in their shortsighted and inexcusable politicization of the matter.

It doesn't get much more absurd than all of that...unless you add to it the Democrats' near-complete incapacity to take on, and tear down, the opportunistic Republicans on their own, absurdist argument in phony defense of the CIA of late.

Ernie Canning, here at The BRAD BLOG, has been documenting the CIA's rich, and often ugly, 50-year history in the use of torture, and other illegalities, as a direct tactic to control foreign populations in the march towards the growth of U.S. Empire in the twentieth, and now twenty-first, century, well-prior to the Bush Administration's claims of the necessity for so-called "Enhanced Interrogation Techniques" in the post-9/11 era. Canning's third, and latest chapter in his exclusive four-part series was published here last week.

But more germane, for the moment, to the continuing, cynical, and disingenuous Republican "outrage" over Pelosi's charges that the CIA misled Congress during classified briefings --- as happily amplified by the corporate broadcast media on all of the Sunday News Shows today --- is 42-year CIA veteran Melvin A. Goodman's brief summary of the CIA's rich history in bamboozling Congress published over at The Public Record. As with the use of torture by the CIA, no, The Agency's lies to Congress did not begin in the post-9/11 period, but they certainly reached a high-point (or low-point, depending on your perspective) during that period which the GOP has now chosen for their fully-politicized, hoped-for distraction, in targeting the current Democratic Speaker of the House.

Goodman's summary is worth a quick review --- particularly by Democrats who seem to be caught flat-footed, yet again, in having a clue about how to dismantle, and defang this latest absurd strawman argument mustered by a party with no tools left in their toolbox, other than a fully-compliant corporate media, and a startlingly-inept opposition party.

With Democrats like these, who needs Republicans?...

Details on some of those "compromises" follow, along with a reminder that it'll get even worse once the Republicans get to water down the legislation further still...