I'm in the middle of a number of other things, but I wanted to just offer a quick --- and very belated --- note of congrats to longtime citizen Election Integrity advocate Tom Courbat of Riverside County, CA. (Decidedly not to be confused with Pennsylvania's democracy-hating Gov. Tom Corbett.)

Late in the summer, California Gov. Jerry Brown (D) signed AB 831, a short and simple bill, brought to the legislature by Courbat and introduced there by a Republican, requiring elections officials in CA counties to publish the "Statement of Vote" --- the official precinct-by-precinct results --- to their websites "in a downloadable spreadsheet format".

While that doesn't seem extraordinary --- and may even come to a surprise to many who might have presumed all elections officials already do that --- it really is an important and helpful bill for those who understand the difficulty and frustration, in many cases, that citizens may sometimes have in trying to oversee election results. Some of you "election geeks", in particular, may appreciate how difficult it can often be to make sense of questionable election results, or to double-check very close races in places where precinct results are not made available at all, or where they are published only in HTML or PDF formats which are not easily imported into a spreadsheet where numbers can be more carefully examined for inconsistencies, irregularities or simply missing votes.

As Courbat noted after the bill was signed, the new CA state law "will make it much easier for candidates and election integrity advocates to rapidly analyze election results for any anomalies."

"Candidates wishing to request a recount have only five days after publication of the Statement of Vote to file for a recount," he noted. "Since recounts can be quite expensive, this capability to analyze sometimes voluminous data can be the deciding factor in a go/no-go decision by a candidate."

As anyone who followed our harrowing detailed coverage this year of Virginia's still-ongoing November 5th Attorney General's race may recall, it was, in fact, exceedingly close citizen scrutiny of precinct-by-precinct results which discovered some 3,000 missing votes from Election Night results. Those "found" votes may well turn out to have made the difference in that state's closest-ever statewide race (which currently has a 165 vote margin as it heads into VA's version of a "recount" just over a week from now)...

The Ventura County Star reports that my CA Assemblyman Jeff Gorell (R-Thousand Oaks), and three other members of the California Republican Assembly Caucus abused their public mailing privileges by sending nearly 260,000 deceptive mailers to their constituents.

According to a former opponent of his that I spoke with, it wouldn't be the first time Gorell has been linked to deceptive mailers.

Instead of directing constituents who desire to take advantage of the state's Affordable Care Act health insurance exchange, the mailer "labeled as 'A California Resource Guide' to explain federal health care reform", points constituents to a fake website created by state Republicans. Rather than the official CoveredCA.com website, the new mailers direct the recipient to CoveringHealthCareCA.com, a bogus Republican site which, though attempting to appear to be the official CA health care exchange site, doesn't actually provide the ability to shop for or purchase policies.

"Though it launched in August," ABC News reports, "the site made waves this week after a number of GOP Assembly members sent out mailers to their constituents, highlighting the page as a 'resource guide' for information on the Affordable Care Act."

The deceptive, publicly funded mailers sent by the self-described "fiscal conservatives" cost CA taxpayers $77,496, according to the Star's public records request. The money, they report, came from the state Assembly's "taxpayer-funded operating budget."

Since the fraud was exposed, the LA Times reports, the GOP site has added some links to the official CA health care site. The original site, according to Karoli at Crooks and Liars who helped expose the scam, included "links to negative articles and twisted messages intended to sour people on signing up for health insurance before they ever land at the official health exchange site."

The effort comes on the heels of a what ABC describes as an "onslaught of fake insurance sites popping up in the state --- 10 of which were shut down by Calif. Atty. Gen. Kamala Harris in November --- since the implementation of Obamacare."

This is not the first occasion in which Gorell, an outspoken opponent of the Affordable Care Act, has been tied to deceptive constituent mailers. Last year, the chairman of a local Democratic Club asked me to speak on the subject of GOP voter suppression laws and e-voting issues. While there, I was approached by Democrat Eileen MacEnery, Gorell's unsuccessful 2012 Assembly opponent. She was still miffed by what she described as a deceptive Gorell mailer. In it, she told me, Gorell included his name and photo, alongside those of Democratic Sen. Diane Feinstein and Rep. Julia Brownley. MacEnery claimed the mailer falsely implied that the Democratic Party supported all three, even though Gorell is a dedicated member of the GOP.

Gorell was the only local Republican who retained a seat in my area after state redistricting converted what had been a Republican-majority district into one where registered Democrats hold a slim majority. Last month, Gorell announced that he will challenge Brownley for her seat in the U.S. House of Representatives. Hopefully local voters will keep his deceptive record in mind when any of Gorell's mailings show up in their mailbox.

[This article now cross-published by The Progressive...]

It took awhile. A few years even. But, on Thursday, Senate Majority Leader Harry Reid (D-NV) finally decided he'd had enough.

By a majority vote of 52 to 48, the U.S. Senate changed their rules to partially end the filibuster, invoking what some refer to as the so-called "nuclear option". The rule change, which will permit an up-or-down majority vote on all Presidential nominations for executive and judicial office (with the exception of Supreme Court nominations), is better described as the "democracy option".

The rule change, for now, would have no effect on the use of the filibuster by the minority to block legislation. Three Democrats, Carl Levin (D-MI), Joe Manchin (D-WV) and Mark Pryor (D-AR), voted with Republicans to sustain the previous filibuster rules, last changed in 1975 when the Senate amended their Standing Rules to reduce the number of Senators required for cloture --- to end debate --- from two-thirds to three-fifths.

Although there had been noise, and urging from many quarters, for a dramatic change of the filibuster rules for some time, especially after Senate Minority Leader Mitch McConnell (R-KY) drew the dubious distinction of becoming the first U.S. Senator in history to filibuster his own bill, the impetus became particularly strong over the past several weeks with the outrageous block put on the nominations of every one of President Obama's nominations to the important D.C. Circuit Court of Appeal, the court which oversees federal regulations.

The result of yesterday's rule change in the U.S. Senate could well be a return, at least in part, to the Constitutionally designed functions of three different branches of government, as envisioned by our founding documents. It may also mark an end to a thirty-year scheme by Republicans to pack the courts with radical, right wing jurists...

Last week, Senator Elizabeth Warren (D-MA), a former Harvard Law Professor, argued that Senators not only have the right, but a constitutional duty to change the Senate filibuster rules. She argued, in no small part to her fellow Democrats, that the rules were being abused by Republicans as part of a "naked attempt to nullify the results of the last Presidential election [in order] to force us to govern as if President Obama hadn't won the 2012 election."

Her remarks (see video and text transcript below) were made in the wake of the third occasion in which Senate Republicans blocked the nomination of an extraordinarily well-qualified female nominee to the important federal D.C. Circuit Court of Appeal.

"Republicans now hold the dubious distinction of having filibustered all three women that President Obama nominated to the DC Circuit," she said. "Between them, they have argued an amazing 45 cases before the Supreme Court and have participated in many more. All three have the support of a majority of Senators. So why have they been filibustered?"

"Well, the reason is simple," she explained, answering her own question. "They are caught in a fight over the future of our courts. A fight over whether the courts will be a neutral forum that decides every dispute fairly, or whether the courts will be stacked in favor of the wealthy and the powerful."

Yes. The minority party in the U.S. Senate is blocking these nominations, not because of the qualifications of these very well-qualified women, but because they are continuing a thirty-year Republican effort to "rig the courts", as Warren explains, by packing the U.S. federal bench, particularly the D.C. Circuit Court of Appeals...

In a letter this week, twenty of the nation’s top climate scientists urged Gov. Jerry Brown (D-CA) to impose an immediate moratorium on the use of hydraulic fracturing (aka "fracking") as a means for extracting oil and natural gas in the Golden State.

Just days later, the state issued new draft regulations for "fracking". The new regulations were praised by the fossil fuel industry.

In the letter, the scientists warn Brown that "fracking," as applied to California's Monterey Shale Formation, would "exacerbate…environmental threats, particularly climate disruption, local air and water pollution, and resource consumption."

After noting that fracking "will likely rapidly increase fossil fuel development at a time when California is poised to transition to low-carbon renewable energy technology," the climate scientists expressed a number of specific environmental concerns...

After what he describes as the Republican Party's victory of "pettiness and bigotry" over "pragmatism and principle", Bexar, Texas County Criminal Court Judge Carlo Key has decided to leave the GOP to run next year as a Democrat instead.

In a video posted to his website, Key, who was first elected in 2010, echoed and reversed Ronald Reagan's explanation for leaving the Democratic Party to become a Republican in 1962. "Make no mistake," Key says, "I have not left the Republican Party. It left me."

"I cannot tolerate a political party that demeans Texans based on their sexual orientation, the color of their skin or their economic status," Key explains in detailing some of his reasons for the party switch. "I will not be a member of a Party in which hate speech elevates candidates for higher office rather than disqualifying them. I cannot place my name on the ballot for a political party that is proud to destroy the lives of hundreds of thousands of federal workers over the vain attempt to repeal a law that would provide health care to millions of people throughout our country"...

Key's brief video, along with a text transcript of his remarks, follow below...

Speaking on the floor of the U.S. Senate last week, on the third day of the federal government shutdown, Sen. Elizabeth Warren (D-MA) excoriated Republicans in the House of Representatives as "extremists" and "anarchists", while offering an impassioned case for why "government matters."

[See video and transcript below.]

"When I hear the latest tirades from some of the extremists in the House, I am struck by how vague these complaints are," she said. "The anarchy gang is quick to malign government, but when was the last time anyone called for regulators to go easier on companies that put lead in children’s toys, or for food inspectors to stop checking whether the meat in our grocery stores is crawling with deadly bacteria, or for the FDA to ignore whether morning sickness drugs will cause deformities in little babies?"

She went on to argue that the American system of governance, though far from infallible, can carry out the will of the people who are positioned to correct it and make it better. "Our democracy is an experiment, and it’s always evolving. We constantly redesign and re-imagine and improve on what we do together."

"You can do your best to make government look like it doesn’t work when you stop it from working. You can do your best to make government look paralyzed when you paralyze it. You can do your best to make government look incompetent through your incompetence, and ineffective through your ineffectiveness. But sooner or later, the government will reopen. Because this is a democracy, and this democracy has already rejected your views," she said, before concluding with a message of optimism.

"Today," Warren said, "a political minority in the House that condemns government and begs for this shutdown has had its day. But like all the reckless and extremist factions that have come before it, their day will pass, and our democracy will return to the important work that we have already determined to do together."

Here's a video of the key section of Sen. Elizabeth Warren's powerful 10/3/2013 remarks on the U.S. Senate floor, (a longer version can be viewed here) followed by a text transcript...

Over the weekend, Governor Jerry Brown (D-CA) signed SB 360, a radical new election reform bill, that will, for the first time in decades, end all federal testing of new e-voting systems approved for use in the state of California.

The measure, sold dishonestly by its supporters to the public and lawmakers, is expected to have an impact across the rest of the nation as well. It's enactment paves the way for the final development of a new, unverifiable touch-screen voting system for use in Los Angeles County, where it is then slated to be sold for use in jurisdictions elsewhere in the state and country.

Before the adoption of SB 360, new voting systems in California required two independent levels of testing, both at the federal and state levels before they could be used in an election here. Even with those two independent testing regimes in place, the systems certified by the Sec. of State over the past decade or more have been riddled with errors and security flaws that were later discovered. For those reasons, and others, The BRAD BLOG had been calling, unsuccessfully, for Brown's veto of SB 360.

As we've documented on these pages, the new law also affords sweeping new executive powers to the Sec. of State to approve new e-voting systems for use in so-called "pilot programs" without any certification testing at all, even from state auditors. Those "pilot" e-voting and tabulation systems, according to the new law, may now be used in "a legally binding election" at the sole discretion of the Sec. of State.

The BRAD BLOG has reported in great detail on this dangerous new bill, which was eventually passed along partisan lines with almost no debate in either chamber of the state legislature. It was supported by all the Democrats in both the state Senate and Assembly, and opposed by all but one Republican.

The bill, granting unprecedented power to the California Sec. of State, was authored by state Senator Alex Padilla (D) --- himself a leading 2014 candidate for California Sec. of State. It was also supported by one of his two main rivals for that job, State Sen. Leland Yee (D), who has also gone on record calling for Internet Voting systems in California.

The only one among the top three Democratic contenders to replace CA Sec. of State Debra Bowen (who is termed out in 2014), who did not go on record in support of SB 360, is former Common Cause official Derek Cressman.

As we also reported, the bill was sold dishonestly by Padilla to both lawmakers and the public...

As the government shutdown began, the corporate U.S. media played its usual unhelpful role by not taking sides in what was clearly a one-sided argument.

"In shutdown blame game, Democrats and Republicans united: It's the other side's fault," declared Washington Post's headline. "Shutdown: Obama and Republicans Trade Blame as Deadline is Crossed," TIME unhelpfully noted, sounding much like the pretend news outlet Fox "News", which declared similarly "Partial shutdown begins: Can Congress, White House compromise?"

Never mind that Democrats had already compromised by agreeing to "Sequestration" level budget cuts, the only question was how would the two sides "compromise" on the Affordable Care Act which had nothing to do with the budget resolution itself, but has long been a bete noir for Republicans.

Meanwhile, the non-U.S. news outlet, The Guardian in the UK, accurately reported that the U.S. government shutdown occurred because Democrats refused to give into the Tea Party's extortion-like demands. Specifically, they wrote, it occurred after "Republicans staged a series of last-ditch efforts to use a once-routine budget procedure to force Democrats to abandon their efforts to extend U.S. health insurance."

Was that so hard? Apparently so, for the U.S. corporate media anyway...

With these 300 fraudulent votes created by one Republican candidate alone, that's 300 more fraudulent votes than have ever been created by ACORN or anybody who has ever worked for them.

But, of course, you're unlikely to hear that, or even this story itself, from the tenacious Fox "News" "voter fraud special investigative unit" or the GOP clowns who help them disinform American voters.

From Nick Wing at Huffington Post...

According to the article, "Villamaino, a former East Longmeadow Board of Selectmen chairman who resigned last year amid the scandal, ultimately lost his Republican primary, and the GOP candidate subsequently lost to the Democrat in the race."

Three very quick points of note here...

The Department of Justice (DoJ) will not idly remain on the sidelines as the GOP seeks to illegally game the electoral system in the wake of what U.S. Attorney General Eric Holder referred to as the "deeply disappointing and flawed" Supreme Court decision in Shelby County v. Holder.

That decision, which carved out the very heart of the Voting Rights Act of 1965 by finding unconstitutional the formula used to determine which jurisdictions with a long history of racial discrimination are required to "pre-clear" new election laws with the federal government before they can be enacted, has been a dramatic "setback", as Holder described it, to the voting rights movement, and has even proven to be a great leap forward for vote suppressors.

But, in a speech last week to the National Urban League Conference in Philadelphia, Holder signaled his intentions to fight back against the activist Court:

The DoJ then promptly filed a July 25, 2013 "Statement of Interest" in Perez v. Texas, a federal court case challenging the imposition of new Congressional redistricting maps in the wake of the Supreme Court's gutting of the Voting Rights Act, despite the fact that both the DoJ and a panel of federal judges nixed the same map last year after it was found to have been purposefully discriminatory just last year.

The DoJ argued in its filing last week that, because the evidence presented both in Perez and in Texas v. United States, revealed intentional violations of the 14th and 15th amendments in the redistricting schemes at issue, the court should impose a ten year preclearance requirement upon the State of Texas as an equitable remedy available pursuant to Section 3(c) of the VRA.

In short, while SCOTUS gutted the VRA's existing Section 4 formula for determining jurisdictions to be covered by Section 5 pre-clearance requirements, it left Section 3, which allows for jurisdictions to be added or "bailed in" to the list of those subject to preclearance intact. The DoJ now wants Texas added to the list of such jurisdictions.

It is of critical importance to note, however, that Holder's Urban League speech made clear that his intentions of pushing back were neither limited to Texas nor to Section 3.

"This is the Department’s first action to protect voting rights following the Shelby County decision, but it will not be our last," Holder vowed.

He then stated (emphasis added): "My colleagues and I are determined to use every tool at our disposal to stand against discrimination wherever it is found."

As observed by University of California Irvine Law Prof. Rick Hasen, Holder's pledge to have the DoJ "use whatever tools it has remaining in its arsenal to protect minority voting rights" is "a big deal."

It's a "big deal" not just because of the creative use of Section 3 in Perez, but also because the DoJ is joining a case originally brought "under Section 2 of the [VRA] to enforce the guarantees of the [14th & 15th] Amendments against racial discrimination in voting." The DoJ's actions here suggests that they are finally prepared to add the power and resources of the federal government to legal efforts to protect the right to vote that had been primarily made during the last election cycle by privately-funded, public interest groups like the ACLU and League of Women Voters...

A bi-partisan amendment to the Department of Defense Appropriations bill sponsored by Reps. Justin Amash (R-MI) and former House Judiciary Chair John Conyers (D-MI), was defeated late today in the U.S. House of Representatives. The measure would have brought an abrupt halt to the NSA's warrantless blanket collection of Americans' telephone records. It failed by a narrow margin of 205 to 217.

The Amash-Conyers amendment represented the first Congressional challenge to the NSA's bulk collection of domestic phone records in the wake of recent disclosures by former NSA contractor Edward Snowden. The vote came just one day after a speech by Sen. Ron Wyden (D-OR), who has served on the the U.S. Senate Intelligence Committee since January 2001, in which he not only warned about the unlimited scope of the NSA's ever-expanding surveillance capabilities but the unnecessary development of a secret body of laws that, he argued, threatens to eradicate the very essence of democracy and accountability.

Ironically, NSA Director General Keith Alexander, did his best to underscore Wyden's warnings. Where the Obama administration and other members of both the Senate and House Intelligence Committee publicly lobbied against Amash-Conyers, Alexander scheduled "a last-minute, members-only briefing" to lobby against the measure behind closed doors.

Alexander, whom James Bamford, author of The Shadow Factor: The Ultra-Secret NSA from 9/11 to the Eavesdropping on America, has described as "the most powerful person that's ever existed in the American intelligence community," took pains to insure that his own efforts to privately lobby against this public bill be classified as "Top Secret," thereby precluding public consideration as to the reasons why publicly-elected officials might refuse to rein in unfettered access to the telephone records of millions of law-abiding Americans.

Rather than look at today's vote as a defeat, the ACLU's Michelle Richards told The Guardian's Spencer Ackerman that the vote's narrow margin reflects "a 'sea change' in how Congress views bulk surveillance," describing the bi-partisan debate on the House floor as "a great first step."

Guardian journalist Glenn Greenwald, who originally broke a number of the stories related to Snowden's disclosures, tweeted during the floor debate: "Edward Snowden did what he did to make everyone aware of all this, and to prompt precisely this debate. That was his motive." He also observed this irony, after the House Democratic leadership rallied against the amendment and the measure ultimately went down to narrow defeat: "A majority of Dems supported the Amash/Conyers amendment to defund NSA bulk spying - majority of GOP joined [with the White House]."

UPDATE 7/25/13: According to AP today, Congressional "Opponents of the National Security Agency's collection of hundreds of millions of Americans' phone records insist they will press ahead with their challenge to the surveillance program after a narrow defeat in the House"...

If you had read The BRAD BLOG when the Treasury Department's Inspector General's report on the pretend IRS "scandal" came out, you'd already know just about all of this. We tried to tell ya way back then. You see, unlike the rest of the media, it seems, we bothered to actually read that report before reporting on it. For anybody who did the same, the scam should have been pretty clear.

Now we learn that IRS flagged progressive groups for additional targeted scrutiny when applying for tax-exempt status --- just as they did for "Tea Party" groups. But, in the case of progressives, they continued doing so until this month, even after they had stopped flagging "Tea Party"-related groups, according to documents[PDF] released by Democrats on the U.S. House Ways and Means committee on Monday.

That, of course, is why we also described the pretend "scandal", in a subsequent report, as "nearly as phony as the Shirley Sherrod, Van Jones and ACORN 'scandals'".

As the New York Times describes the newly released documents...

I had the pleasure of guest hosting for Ed Schultz today on his radio show.

It was my first time hosting for Big Eddie, after being a guest on his show at various times over many years. We had much fun today in the bargain! My thanks to him and his crew for so generously and helpfully welcoming me aboard. My thanks also to the folks at my radio home base, KPFK/Pacifica Radio in Los Angeles, for helping us pull it all off at very short notice.

I hope you'll have fun as well, listening to the show, if you missed it live today. The entire program is archived below (sans commercials!)

My guests included three great, independent, progressive journalists (four, if you include Desi Doyen, who also joined us, as usual):

• MARCY WHEELER , from EmptyWheel.net with the latest on today's House Intel Oversight hearing on Edward Snowden's NSA disclosures.
• ARI BERMAN from The Nation to discuss the this week's Supreme Court rulings on Voting Rights and Voter registration.
• DAVID DAYEN, formerly of Firedoglake.com on his new, disturbing article in the New Republic on how mortgage service providers are strong-arming the victims of the Moore, OK tornado (and other recent natural disasters).
• PLUS! A whole bunch of other stuff, a lot of calls, and plenty of thoughts (and occasional rants) on the surveillance state and the politics of it all. As one very generous emailer wrote me after the show: "You cut right through this unfortunate 'where does that leave the President?' talk." --- Well, good! That was my hope!

The audio archives of today's show follow below. Enjoy!

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IN TODAY'S RADIO REPORT: Breaking: L.A. bans single use plastic bags; New study warns 2/3rds of fossil fuel reserves must remain in the ground; Autism risk linked to air pollution - again; Keystone XL pipeline won't use state-of-the-art technology; Alaska hotter than Florida; PLUS: The world's 1st solar plane an antidote to cynicism? ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Syngenta's dirty tricks campaign to discredit scientists, protect profits; China launches major cap & trade program to cut CO2 emissions; Look out below: Antarctica melting from underneath; Singapore chokes on smoke from deforestation; Many US airports facing threat of sea level rise; Temps in 2300: 'Too hot to live'; Environmental groups delay lawsuit, wait for Obama; NASA: Arctic methane melt at "amazing levels" ... PLUS: VIDEO: Meet the CNBC talking heads dismiss climate science ... and much, MUCH more! ...