I discussed some of these points on Wednesday's BradCast, but wanted to quickly highlight each of them a bit here, since these important data points are easy to lose track of in the blizzard of news noise of late.

There remain some (many?) Democrats who are still running scared as they head into the 2014 mid-terms, cowering with fear about Rightwing attacks on "Obamacare". Evidence continues to demonstrate that those Dems should be running on what is clearly the tremendous success of the law, as written and intended (even as the Affordable Care Act itself has always been a flawed law.)

If there's any question about the success of the law on its most basic terms, as far as what it was meant to accomplish (help more Americans have access to health care), here is a very quick round-up of the law's most noteworthy milestones from just the past week, along with some rather remarkable polling numbers --- from three different surveys --- that buttress the nation's increasing approval for both the effects of the law and the Democrats who brung it to 'em...

Given that every Sunday network news show decided to completely ignore it, I thought it my duty to read the entirety of the leaked findings from the U.S. Senate Intelligence Committee's report on CIA Torture and Detention on the air during this week's BradCast on KPFK/Pacifica Radio.

You're welcome, war criminals!

Also on this week's show, the continually growing evidence of the success of "Obamacare" (and a caller who self-identifies as "full on Left. I'm not even liberal, I'm further Left than that", who takes me to task for citing the facts) --- and why it's time for Dems to grow a pair and start running to not just retain the Senate but also take the U.S. House.

A word or two on home-grown Rightwing extremist terrorism and the fecklessness of the Dept. of Homeland Security which, thanks to bullying from Republicanists and Fox "News", cowered from and retracted their report on same back in 2009 despite the mounting death toll ever since.

Also, a bunch of good callers and more that you'll just have to tune in to hear about, including a visit by Desi Doyen with the latest Green News Report and some other stuff. Enjoy!

Download MP3 or listen online below...

Just over a week ago, it was North Carolina legislators ordered by the court to cough up documentation relating to passage of new, draconian restrictions on voting rights in their state. Now, legislators in Texas are facing much the same thing, as that state's extreme polling place Photo ID restrictions also face legal and Constitutional challenge.

By way of an eight-page Order [PDF] issued late last week, U.S. District Court Judge Nelva Gonzales Ramos has directed the State of Texas to serve upon the U.S. Department of Justice (DoJ) documents that relate to the question of whether "state legislators, contrary to their public pronouncements, acted with discriminatory intent in enacting SB 14," the Lone Star State's polling place Photo ID restriction law.

That law had previously been found to be discriminatory against minority voters in TX, and thus rejected by both the DoJ and a federal court panel as a violation of the Voting Rights Act (VRA). It was then re-enacted by the state of Texas almost immediately after the U.S. Supreme Court gutted a central provision of the VRA in the summer of 2013.

As reported by The BRAD BLOG last September, the DoJ, and Rep. Marc Veasey (D-TX), filed separate federal lawsuits (now consolidated into a single case, Veasey v. Perry) in which they allege that the Photo ID law enacted by the Texas legislature (SB 14) violates another section of the VRA, Section 2, as well as the U.S. Constitution.

The documents in question, created by Republican officials and lawmakers, which must now be turned over to the court, may shed light on the actual intent of those officials in enacting the restrictive voting law...

Well, this is fun. Today, a report out from the LA Times details a wide range of sources finding that "at least 9.5 million previously uninsured people have gotten health insurance since Obamacare started."

That's 9.5 million Americans who previously had no reliable access to health care now having such access thanks to the various provisions of the Affordable Care Act (ACA or "Obamacare").

But don't tell, Fox "News". They are busy with their trademark misleading graphics today...

Yes, they do that sort of thing quite a bit. Always fun.

And, before we hear complaints from progressives, for those don't recall, while we've been very critical of the ACA over the years (we prefer a single-payer, "Medicare for All" time plan, versus the obsenity of private insurers profiteering off of sick people), as we noted late last year (when the ACA allowed me sign up for a new plan with my same insurer and save $300/month or $3,600/year in the bargain), more people now having access to health care --- the overall goal of the Republican-conceived "Obamacare" law --- is certainly a good thing, no matter how one slices it. That's true even if it's bad law (and it is.)

But, as noted, don't tell Fox. For that matter, don't tell the Democrats who, for some unknown reason (perhaps because they are delicate, quivering, easily-intimidated flowers?) still haven't figured out how to run for office on their positive accomplishments, such as the ACA.

UPDATE 8:59pm PT: Moments before midnight on the east coast, just before the March 31, 2014 deadline for signing up for health care insurance without a penalty under the ACA, AP is reporting that the "Obamacare" health care exchange is "on track to sign up more than 7 million Americans for health insurance." That number was the original target set by the Congressional Budget Office (CBO) when the bill was first passed into law and has been seen as the administration's initial goal for signups. That target was scaled back to 6 million after the disastrous opening of the website late last year (despite the misleading Fox "News" graphic indicating otherwise above). But if the AP is right, ACA has now exceeded its initial target...

I haven't gotten to go to the phones for weeks on the KPFK/Pacifica Radio BradCast, so that's what we did on this week's show. No guests. Just me, a few rants, lots of callers (and, of course, Desi Doyen and the latest Green News Report).

The rants included more on the mad media misinformation/neo-con war-baiting over Ukraine (which, thankfully, it appears Obama no longer seems to be falling for or taking the bait on); the Democrats woeful 2014 campaign plans and --- the one that got ALL the phone lines ringing off the hook --- the rapidly increasing media disinformation about e-cigs.

Lots of good calls, but my favorite on that last was from "David in Los Angeles". I think his opinion may be a nearly perfect distillation of the entire, insane backlash against the public health miracle that is vaping. David describes his concern: "We don't want to encourage the behavior of smoking, even if its not harmful." My question to him is, "Why?" He explains: "because it's the perceived behavior that is negative." You'll have to tune in to see how that call, and all the others, worked out.

It was a very lively show this week. Hope you'll enjoy it...

Download MP3 or listen online below...

Well, it just makes sense. Republicans aren't actually running on anything in 2014 other than "Democrats are no good! Also, Obamacare!"

As Jesse LaGreca points out, however, "50+ repeal votes, a SCOTUS decision and a Presidential election, still no GOP alternative to Obamacare, just trolling & BS."

So, it's not much to run on. But that's okay. The Rs have an advantage this year thanks to the D's huge wins in 2008, leaving Dems with much more territory to defend this year in the U.S. Senate. More importantly, while Republicans have little or no policy initiatives to actually run on --- or, at least, few they'd like to mention out loud --- they don't really need to. The Koch Brothers are so desperate to see Republicans back in power, and all the swell goodies that come with it, they are unleashing everything they can to simply buy their way back into greater control of our nation's once-of-the-people, by-the-people, for-the-people government.

At the same time, unfortunately, Democrats aren't running on much more themselves. "We're not crazy Republicans!" may be true, but it doesn't give American voters much to vote for, especially while the Kochs are outspending outside Democratic-leaning groups 10 to 1 so far this year. So it all makes sense that with the Kochs' money running this year in lieu of actual Republicans with policies, Democrats seem to be set on simply run against the Kochs. That appears to be the plan. Or, at least the one that's working for them so far, according to Dave Weigel at Slate today:

So, running against The Koch Brothers brings in three times as much money as running on...whatever else the Dems have been trying to run on so far this year.

It'd be nice if the Democrats gave voters something concrete to vote for. It might even solve their oft-cited problem of D voters not turning out for mid-terms. Why should they, after all? That's not a criticism, that's an actual question. Why should voters turn out? What are they supposed to be voting for?Democrats might want to start thinking about offering a concrete reason or three. But, in lieu of that, running against the two privileged sons of an oil baron who are willing to spend as much of their father's hard-earned money as they need to in hopes of buying the United States whole hog will have to suffice, apparently. In 2014, with few, if any, policy promises (so far) presented to voters, Koch is it.

Unfortunately, for every dollar raised by the Dems, the Kochs can just cut a check for three or ten more. So, if you'd like to start questioning the Democrats' 2014 election strategy, now would be a good time.

You also might want to ask them why they aren't doing much more to fight against the madness unleashed by the infamous Citizens United in 2010 and the way that Republicans (particularly the Kochs and Karl Rove) have gamed every last inch of whatever scraps are left of campaign finance law in this country. Come to think of it, a hard promise to pass laws to effectively overturn Citizens United and restore campaign finance enforcement at the FEC would be just one concrete policy that Americans might actually turn out to vote affirmatively for. And, Democrats could beat up on the Kochs all they like in the bargain. Win-win! So, of course, Democrats probably won't do it.

During last Tuesday's Green News Report, we briefly discussed the U.S. Senate "all nighter" on climate change, where 28 Democrats and 1 Republican (Inhofe, the GOP's "Denier-in-Chief" who stuck around long enough to mock the effort) stayed up all night making speeches calling for climate change action in hopes of drawing attention to the issue.

We mocked it ourselves a bit, suggesting that Democrats might have carried out such a stunt during the day, instead of in the middle of the night when most people were asleep, if they really wanted folks to notice. In the meantime, our friend Kenny Pick of Turn Up the Night has been slogging through CSPAN's 17-hour video posting of the session and sends us a clip that caught his eye.

In it, Sen. Sheldon Whitehouse (D-RI), co-sponsor along with Sen. Barbara Boxer (D-CA) of the Senate #Up4Climate event, focuses a laser light on the U.S. Supreme Court's infamous 2010 Citizens United decision as a turning point --- a very bad one --- for climate change denialism, specifically on the flip-flopping by Republicans on an issue they actually did once appear to care about...

The Green Party's candidate for California Secretary of State this year is a strong proponent of Internet Voting. David Curtis, who was also the Green's 2010 candidate for Governor in Nevada, is now running to replace CA's term-limited Democratic Sec. of State Debra Bowen and he's staking out a position that contradicts computer scientists and security experts who warn that online voting cannot be done securely.

Recently, I had a "conversation" with Curtis on Twitter about his advocacy for Internet Voting, after Steven Dorst, an election integrity advocate who follows The BRAD BLOG on Twitter, responded to a tweet of Curtis' declaring his support for an optional "online method of voting".

My enlightening conversation with Curtis follows in full below.

The BRAD BLOG has long been on record documenting the many dangers of Internet elections. While the ease of hacking such elections is certainly a major concern (among many others), the over-arching problem with Internet Voting is that, after voting is complete, it is 100% impossible for citizens to oversee their own election results in order to determine that any vote has been tallied as per any voter's intent.

As with electronic touch-screen voting, which is 100% unverifiable in any form, even when done securely --- if there is even a way to measure such things (and virtually all computer security experts have told us for years that there isn't) --- Internet Voting can never been done in such a way that the citizenry can know that its been done securely. Thus, no matter how "secure", Internet Voting is ultimately a threat to confidence in elections and, along with it, representative democracy in the U.S.

Nonetheless, Curtis, like at least one other candidate in this year's SoS race in California, disagrees. He strongly advocates in favor of Internet Voting...

Last year, as we reported at the time, California Republicans who sought to sabotage the roll-out of the Affordable Care Act, sent out deceptive mailers to constituents at taxpayer expense directing them to a fake "Obamacare" website.

This year, picking up on the idea that duping the public (committing fraud) is the key to their success, the National Republican Congressional Committee (NRCC) was recently found to have created at least eighteen websites built to appear to support Democratic candidates while, in actuality, using the sites to fund raise against those same candidates.

The website seen in the graphic above, for example, appears to support Arizona Democratic Rep. Ann Kirkpatrick's re-election bid --- unless you are very careful to read the fine print. The site, AnnKirkpatrick.com, "might greet visitors with a welcoming photo of the Arizona congresswoman and a screaming 'Kirkpatrick for Congress' logo, but that design belies its true agenda," according to the Los Angeles Times. That agenda, they say, includes duping supporters of Democratic candidates into donating towards their defeat --- a tactic, which, the non-partisan Campaign Legal Center's senior counsel Paul S. Ryan describes as a "slam dunk" violation of Federal Election Commission (FEC) Rules.

As we've recently been reporting, however, "slam dunk" violations of federal campaign finance laws and FEC rules are anything but a "slam dunk" when it comes to their actual enforcement by the FEC...

With Brad Friedman...

After a recent three-to-three decision by a partisan-deadlocked Federal Elections Commission (FEC), Karl Rove may have thought he was off the hook for federal campaign finance violations by his Crossroads GPS organization. Two non-profit, good government groups, however, feel differently. Last Friday, they filed a federal lawsuit [PDF] against the FEC in hopes of forcing the agency to reverse its ruling, revisit the complaint against his group's 2010 electioneering, and to enforce federal campaign finance rules as specified by law.

Late last Friday, Attorneys from the non-partisan Campaign Legal Center and the Public Citizen Litigation Group filed a civil complaint against the FEC in U.S. District Court in Washington D.C.

The suit seeks to reverse what the plaintiffs describe as an "arbitrary" and "capricious" decision by the three Republican FEC Commissioners, in contradiction of the advice of their own staff attorneys, to dismiss the administrative complaint the groups had filed against Rove's organization. That administrative complaint charged that Rove's group violated federal campaign finance law during the 2010 election cycle.

The votes by the three Republican FEC Commissioners effectively quashed any further official investigation into the allegations that Rove's group violated the Federal Election Campaign Act of 1971 (FECA) when it spent the majority of its money during the 2010 election cycle on electioneering, but failed to register as a "political committee" with the FEC, as required by law. Their decision to shut down the investigation came after what the FEC's own staff attorneys found to be a likely violation of the federal campaign finance law.

By dismissing the administrative complaint and shutting the door on the investigation, the Republican FEC Commissioners not only allowed Rove to keep, as a secret, the identity of donors of tens of millions of dollars used to support Republican Congressional campaigns in 2010, but effectively offered Rove carte blanche to conceal donor identities with respect to monies spent in subsequent elections, such as the 2012 election cycle in which Crossroads GPS "spent at least $71 million on federal campaign activity," according to the newly filed federal complaint.

The plaintiffs charge that the FEC's deadlock was the result of "an impermissible interpretation of FECA," and the agency's own published guidelines due to an "abuse of discretion" by the Republican commissioners in a manner that was "otherwise contrary to law"...

On Tuesday, a Los Angeles County jury convicted California State Senator Roderick D. Wright (D) of false residency voter fraud, after finding that he lied about his address on voter registration and candidacy papers.

Wright's crime was an elite form of voter fraud, which, along with almost all of the most prevalent forms of voter fraud, would not have been prevented by polling place Photo ID restriction laws.

The jury was not persuaded by Wright's claim that he resided in the Inglewood residence of his common law stepmother. Prosecutors presented extensive evidence that established that Wright resided in an "upscale Baldwin Hills neighborhood" that was outside the district. They found that, in addition to lying about his address on his voter registration and candidacy papers, he fraudulently voted in five elections.

As we have repeatedly explained, most recently in covering a recent judicial determination that Pennsylvania's Photo ID law violated that state's constitution, cases involving in-person voter impersonation by ordinary citizens --- the only type of voter fraud that can possibly be prevented by polling place Photo ID restrictions --- are about a scarce as hen's teeth. False residency, by contrast, is a form of voter fraud that has reached epidemic proportions amongst our political elites in both parties, especially, as Brad Friedman has tirelessly documented, amongst the very high-level Republicans who hypocritically call for Photo ID restrictions for everybody else.

Where millions of innocent Americans are at risk of disenfranchisement as a result of the phantom menace of in-person voter fraud, prosecutions of elite politicians for false residency voter fraud have been rare. In one of those rare instances, former Indiana Republican Secretary of State Charlie White was convicted in 2012 of three counts of felony false residency voter fraud. His conviction was particularly ironic, given that he was the chief election official in the first state in the nation to implement polling place Photo ID restrictions. Despite his felony voter fraud charges (and four others) White has not had to serve so much as a single day in jail. Wright, a Democrat, faces up to eight years in prison.

[Update 1/31/2014: Following a meeting by the Democratic caucus, California State Senate Leader Darrell Steinberg (D) announced that Wright will retain his seat pending appeal. However, the Democratic caucus, which sports a super-majority in the state Senate, removed Wright from his position as the Chairman of the Senate Governmental Affairs Committee.]

Here are just a few of the cases of false residency voter fraud we've documented over recent years, by some high-profile GOPers you will be very familiar with...

Late last year, The BRAD BLOG covered the incredibly close results of the state Attorney General's race in Virginia in great detail. The Democrat Mark Herring was eventually declared to be the winner in that razor-thin race after what suffices for a "recount" process in the Old Dominion.

An announcement this week by the state's brand-new Attorney General offers a stark reminder, once again, of the importance of elections and of the work that The BRAD BLOG has done here for the past 10 years...

Following the national shame of 2012 when long lines at the polls on Election Day and during Early Voting (which was restricted by Republicans in a number of states) once again suppressed the vote and endangered American democracy, President Obama called for electoral reform as he declared victory on Election Night.

"I want to thank every American who participated in this election...Whether you voted for the very first time or waited in line for a very long time," he said, adding: "By the way, we have to fix that."

During his second Inauguration speech, he repeated the message: "Our journey is not complete until no citizen is forced to wait for hours to exercise the right to vote."

At his State of the Union Address in 2013, he again re-iterated the call for reform --- citing the story of 102-year old Desiline Victor, an African-American Florida woman who was forced to wait in line for hours on end to cast her vote in 2012 --- before announcing his creation, by Executive Order, of a bi-partisan Presidential Commission on Election Administration. It would be headed up by both his own top election attorney, Robert Bauer, as well as Mitt Romney's lead election attorney and long-time GOP operative, Benjamin Ginsberg.

After six months of hearings and conferences around the country, that commission has now released its unanimous recommendations [PDF] for improving access to the voting booth and for other much-needed improvements for electoral administration.

While coming to bi-partisan consensus with a report on such a contentious topic is no small achievement in and of itself in this extraordinarily divisive environment, the Commission highlighted one fairly obvious point which will almost certainly disappoint the most partisan Republicans, but also, perhaps less obviously, some Democrats...

Meanwhile, back in Virginia...here we go again...

Yes. As reported by the State Board of Elections website tonight, that's a 9-vote margin in the state Senate special election held on Tuesday to replace Democratic state Sen. Ralph Northam who is vacating his seat after being elected last November as VA's next Lt. Governor.

To put that another way, control of the entire VA state Senate now rests on 9 unverifiable touch-screen votes out of more than 20,000 cast.

The VA state Senate is currently evenly split between Democrats and Republicans, twenty seats each. The tie-breaking vote in the state Senate goes to the Lt. Governor. Until Northam is sworn in to his new job on Saturday, when he takes over from the current Republican Lt. Governor, the GOP controls both chambers of the state legislature. A Democratic Lt. Governor will, theoretically, for the first time since 1998, mean that control of the upper chamber goes back to Democrats. But that is only if both Northam's Senate seat and the one being vacated by Attorney General-elect Mark Herring both go to Democrats in the special elections...

At a press conference in Richmond moments ago, late on the third day of a three-day "recount" process in Virginia, state Sen. Mark Obenshain (R) conceded this razor-thin race against state Sen. Mark Herring (D) for state Attorney General.

Herring will replace VA's outgoing, far right Republican AG Ken Cuccinelli who lost his own battle for the Governor's office last month.

Obenshain's concession this afternoon comes after what had previously appeared to be the closest statewide race in history. Just 165 votes out of more than 2.2 million cast had separated the two when the November 5th race was certified by the State Board of Elections late last month. But, by yesterday, Herring's lead had widened to more than 800 votes after two days of what passes for a "recount" in VA (there is no "recount" on touch-screen electronic voting systems used by most voters in the state and most of the paper ballot localities simply re-run the bulk of paper ballots through optical-scan systems again, as per state election code.)

Obenshain's decision means that Democrats will take control of all three statewide offices --- Governor, Lt. Governor and Attorney General --- for the first time in the Old Dominion since 1969 and the first time in twenty years that a Democrat will control the AG's office there.

It also means that a potentially divisive election contest --- described by some as the "nuclear option" --- will not be invoked by the Republican candidate. Once the "recount" is fully complete on Friday, and all of the very few "challenged ballots" are adjudicated by a three-judge special recount panel in Richmond, Obenshain would have had until Monday to file a contest. Unlike similar post-recount contests elsewhere, in Virginia the matter is not decided by a court of a law, but rather by a majority vote of a joint session of the state legislature, which is currently dominated by Republicans.

With both candidates currently serving as state Senators, a special election to replace either winner of the AG race was going to happen no matter the outcome of the "recount". The only question was which state Senator would need to be replaced. Obenshain's district is believed to be solidly Republican and likely would have stayed that way had he won the AG election. Herring's district, however, is currently seen as a toss-up. While the VA House is predominantly Republican, a GOP victory in the special election to replace Herring in the state Senate would swing the balance of that chamber over to Republicans as well.

Given the way Virginia forces the majority of voters to vote on 100% unverifiable electronic voting systems, and that the majority of votes cast on paper ballots are first tallied and then "recounted" by electronic optical-scan computers (either correctly or incorrectly, who knows?), we'll never know who voters really wanted to win this year's AG race. But this, apparently, is, as they say, "close enough for government work". Voters in VA deserve, and should demand, a much more transparent and overseeable system for the most crucial element of their system of self-governance.

Barring any surprises, Herring will be sworn into office in January, along with Democratic Governor-elect Terry McAuliffe and Lt. Governor-elect Ralph Northam.

Previously related #VAAG coverage at The BRAD BLOG...