Guest blogged by Ernest A. Canning

Reports by the Miami Herald and by Democracy Now report that the U.S. Department of Justice (DOJ) has "ordered Florida...to end a controversial voter purge that's primarily targeted Latino, Democratic and independent-minded voters" (see video below) may not be technically accurate.

Both refer to the two-page letter submitted by T. Christian Herren, the chief lawyer of the DOJ's Voting Rights Division, to FL officials which suggested that the purge, ordered by Republican Gov. Rick Scott under the unsubstantiated pretense that the state had thousands of non-citizens registered to vote, violated Section 5 of the Voting Rights Act because FL had not sought preclearance for the new voter roll purge either from the DOJ or a federal court. Herren, as the Miami Herald article observed, demanded that FL officials "advise whether the State intends to cease the practice," but stopped short of issuing an actual "order" that FL immediately cease and desist.

Election officials across the state have confirmed that the Governor's purge list includes hundreds, if not thousands, of legally registered U.S. citizens who are improperly identified as "non-citizens" to be removed from the rolls.

Only five of Florida's 67 counties are "covered jurisdictions" under Section 5 of the Voting Rights Act. That means that while Supervisors of Elections in some counties had vowed not to carry out Scott's purge, others, like Seminal County's Republican Supervisor of Elections Mike Ertel, signified their intent to carry out what amounts to a new form of GOP "caging lists" in which those voters who do not respond to official letters in a designated fashion are automatically purged from the eligible voter rolls. On Friday, an attorney from the Florida State Association of Supervisors of Elections, representing all 67 counties, sent a memo to officials recommending they do not carry out the scrub as called for by the state.

The DOJ letter to FL also noted that the voter roll purge across the entire state appears to be in violation of the National Voter Registration Act (NVRA), which bans the removal of voters from the rolls in the 90 days prior to a federal election. Florida is set to hold its federal primary election on August 14th, making May 16th the last legal day for the type of voter roll maintenance the state now claims to be carrying out.

Even assuming that Herren's letter to the state amounts to a DOJ "order," it may not be enough to stop what The Advancement Project estimated in its May 17 letter to Herren [PDF] could ultimately produce an illegal purge of as many as 180,000 otherwise eligible voters based on a flawed, eleventh hour pre-election effort to match voter rolls against the FL driver's license data base.

After receiving the letter from the DOJ, Florida Dept. of State Spokesperson Chris Cates said they intended to continue with their purge anyway. "Bottom line is," Cates told Think Progress, "we are firmly committed to doing the right thing and preventing ineligible voters from being able to cast a ballot."

The purge has already ensnared U.S. citizens like Bill Internicola, the 91-year old, Brooklyn-born, World War II veteran and Bronze Star recipient who fought in the Battle of the Bulge and Archibald Bowyer, another 91-year old WWII vet who has been citizen since the age of 2, and who received his letter from the state warning he would be purged just as his wife had died.

Cates has marginalized such incidents as "a handful of people [who] have been inconvenienced.”

To halt the purge, groups like the ACLU and the DOJ may need to initiate a federal lawsuit in which they seek yet another preliminary injunction, like the one issued late Thursday by U.S. District Court Judge Robert L. Hinkle in League of Women Voters v. Browning [PDF]. That ruling, as we reported on Thursday, spoke to a different aspect of this year's GOP voter suppression effort in FL. Hinkle's ruling ordered an official federal injunction on the draconian restrictions imposed on voter registration workers by the FL GOP, which had earlier led to groups like the League of Women Voters of Florida being forced to cancel their voter registration drives for the first time in some 70 years.

Florida has until June 6th to official respond to the U.S. Dept. of Justice.

Video of Democracy Now segment on the DOJ's response to the FL purge follows...

Guest blogged by Ernest A. Canning

Recently, The BRAD BLOG criticized the undemocratic features of the new "Top Two" open primary system (aka the "Cajun Primary") in California. The new system, approved via a ballot initiative in 2010, changes the state's primary to system to allow a single, open primary in which the two candidates who receive the highest numbers of votes, go on to face each other in the November general election even if the combined totals of the 'Top Two' do not amount to a majority of votes cast in the primary.

In our critique, we cited the race for the newly created CA-26 Congressional seat where, despite a Democratic Party voter registration advantage, come November, voters may be forced to choose between a 'Tea Party' Republican and a stealth Republican who changed her party registration to independent just days prior to the candidate filing deadline because the two are matched against four Democrats on the June 5 "Top Two" primary ballot.

Our analysis drew criticism in comments from some right-leaning readers claiming our critique was simply a case of sour grapes by a progressive author. But, the state's upcoming U.S. Senate race reveals that the undemocratic potential of the 'Cajun Primary' cuts both ways; that there is a distinct possibility that all Californians, come November, will be forced to choose between the incumbent corporate Democratic Sen. Diane Feinstein, and the Occupy Wall Street-connected, computer scientist David Levitt (see video below), who is also a Democrat...

Guest blogged by Ernest A. Canning

When the new Congressional map was first produced by the non-partisan California Citizens Redistricting Commission, CA's GOP leadership expressed concern that it might lose up to five of its nineteen Congressional seats in the bargain.

Although its legal challenge to redistricting was rejected by the CA Supreme Court (a majority of whom were appointed by Republican Governors), the June 5, 2012 "Top Two" open primary (aka "Cajun Primary") contests, approved by a 2010 ballot initiative, may allow for GOP pickups, even in areas where Republican voters represent the minority.

One example is in the newly created CA-26 Congressional District, which reveals a potential formula by which the GOP can overcome adverse party registration numbers --- in that case, 40% (D), 36% (R), 19% (I) --- in order to seize a Congressional seat.

Because four Democrats are competing in the CA-26 primary, long suffering progressives, including this writer, who had previously been forced to cast a protest vote in the now defunct, heavily gerrymandered CA-24 District of the outgoing, extreme right-wing Republican Elton Gallegly, may awake on June 6 to the reality that, come next November, they will be forced to choose between a 'Tea Party' Republican and a County Supervisor who "changed her voter registration...from Republican to 'no party preference' in preparation for her bid for Congress"...

Guest blogged by Ernest A. Canning

"If we play Russian Roulette with the Supreme Court," Sen. Edward Kennedy (D-MA) said during the Clarence Thomas confirmation hearings, "if we confirm a nominee who has not demonstrated a commitment to core constitutional values, we jeopardize our rights as individuals and the future of our nation."

"We cannot undo such a mistake at the next election or even in the next generation," he warned. Too bad more of his Democratic colleagues failed to listen.

With four of the nine Supreme Court Justices now in their seventies, and the GOP Senate minority having bottled-up the Obama administration's nominations to the federal trial and intermediate appellate courts, the decision by the presumptive Republican nominee, Mitt Romney, to select Robert Bork (see video below), founder of the ultra-radical, right-wing billionaire-funded Federalist Society as his chief legal adviser has turned the 2012 Presidential election into a new, and far more serious game of "Russian Roulette" --- one that would give the same forces that were behind the Bush v. Gore judicial coup and the infamous Citizens United decision a super majority on the Supreme Court.

The harm to the rule of law that would accompany the expansion from four
Supreme Court radicals in robes to seven could not be remedied, as Kennedy warned, by "the next election or even in the next generation"...

Guest blogged by Ernest A. Canning

On Monday, the Wisconsin Supreme Court issued two one-sentence orders declining to hear both appeals filed by Republican state Attorney General J.B. Van Hollen in two different polling place Photo ID cases. In both, judges in lower courts had blocked the controversial voting rights restrictions passed by Republicans last year, finding that the law violated the state Constitution's guaranteed right to vote.

Republicans had hoped to overturn the temporary injunction placed on the law by Dane County Circuit David Judge Flanagan in Milwaukee Branch of the NAACP v. Walker and the permanent injunction issued by Dane County Circuit Judge Richard Neiss a week later in League of Women Voters of Wisconsin Education Network, Inc. v. Walker.

The issue of a permanent injunction in the NAACP case is being heard this week in Judge Flanagan's court. The evidence included the videotaped testimony of 84-year old, home-born Ruthelle Frank, an elected member of the Brokaw Village Board who has voted in every election since 1948. Frank now faces disenfranchisement because her lack of a birth certificate prevents her from obtaining one of the "free" photo ID forms needed to cast a vote under the now enjoined law, unless she is willing to spend more than $200 for both a birth certificate and the necessary changes to state birth records to correct typos on her name in the state registry.

Van Hollen, whose office said it was "surprised and disappointed" by the Supreme Court's decision, had sought an immediate stay of the injunctions on the grounds of perceived irreparable harm if the upcoming recall elections were conducted without his party's new, draconian Photo ID restrictions in place.

The WI Supreme Court decision this week coincides with an announcement by the American Legislative Exchange Council (ALEC), in response to "a massive corporate exodus," that it is abandoning its effort to see that state legislatures pass its "model" polling place photo ID restrictions...

Guest Editorial Series by Ernest A. Canning

This is the second of our three-part series advancing the hypothesis that one must turn to economics to make sense of the so-called 'War on Drugs' and the U.S. government's seemingly irrational obsession with shutting down something as innocuous as medicinal marijuana dispensaries.

PART 1 examined both historical and recent links between the CIA and the illicit drug trade. It explored the extent to which the so-called 'War on Drugs' has been used as cover for the CIA's covert import of narcotics, both into the U.S. and other nations, in order to fund the mischief the Agency engages in on behalf of U.S. Empire. It postulated that the government’s opposition to controlled legalization, taxation and medical, educational and psychological assistance in avoiding substance abuse is the product of an illicit supplier shutting down the competition.

Here, we will examine the profitability of the Prison Industrial Complex in the U.S. and the extent to which the world's largest prison population provides a ready source of slave labor for some of the world's largest corporations…

Guest Editorial Series by Ernest A. Canning

How does one explain it?

The Eric Holder Department of Justice (DOJ) is faced with massive banking and Wall Street fraud that nearly brought the world's economic system to its knees, yet no bankers are prosecuted. It is confronted by environmental crimes that have poisoned our air, water and even the food we eat, yet, for the most part, those crimes go unpunished. It has its hands full fending off voter suppression laws concocted by a billionaire-funded, subversive organization, which is also responsible for deadly "stand your ground" laws and an assault on the right of citizens to engage in collective bargaining.

Yet, the DOJ and the Drug Enforcement Agency (DEA) make it a priority to target California medical marijuana dispensaries and to raid Oaksterdam University, a school founded by Richard Lee, a legalization activist who offers training in the cultivation and use of medical marijuana. It does so even though, in 1996, CA voters, by a wide margin, passed an initiative that "allows patients with a valid doctor's recommendation...to possess and cultivate marijuana for personal medical use." The raids were also made against the backdrop of polls showing that a majority of Americans support legalization of marijuana.

In this three-part series, we will advance the hypothesis that this seemingly irrational obsession with busting medicinal marijuana dispensaries and fending off legalization of even the most innocuous of drugs, Cannabis, can only be understood in the context of U.S. Empire and the economics of the Prison Industrial Complex.

In this first part of the series, we examine both historical and recent links between the CIA and the illicit drug trade. We touch upon the extent to which the so-called 'War on Drugs' has been used as cover for the CIA's covert import of narcotics, both into the U.S. and other nations, in order to fund the mischief the Agency engages in on behalf of U.S. Empire. That operation, evidence strongly suggests, continues to this day.

At the core of that hypothesis is the question as to whether an end to the phony 'War on Drugs' and its replacement by controlled legalization, taxation and medical, educational and psychological assistance in avoiding substance abuse would cut off a key, illicit source of covert CIA funding...

Guest Editorial by Ernest A. Canning

On Wednesday, by a bi-partisan vote of 26-3, the Vermont state Senate passed a resolution "calling for an amendment to the [U.S.] Constitution that corporations are not people and money is not speech and can be regulated in political campaigns" according to advocacy group, Move to Amend.

A majority of Senate Republicans joined with all of the Democrats in voting to approve the measure. The three nay votes came from Republicans after similar resolutions were passed in March by 64 different communities in Vermont.

Move to Amend observed that the Green Mountain State's Senate resolution goes much further than similar resolutions passed in Hawaii and New Mexico, which sought only to overturn the infamous U.S. Supreme Court decision in Citizens United vs. Federal Election Commission [PDF]. (The CA State Assembly also passed a resolution last month to overturn Citizens United).

In 2010, President Barack Obama blasted Citizens United as "devastating to the public interest." During his 2010 State of the Union Address, the President said the Court's decision would "open the floodgates for special interests --- including foreign corporations --- to spend without limit in our elections."

However, the President has, as yet, not offered a rejoinder to the presumptive Republican nominee, Mitt "Gordon Gekko" Romney, by squarely stating that "corporations are not people!"

If the President followed Vermont's lead, would it portend to a Democratic landslide in November? Would the SCOTUS, faced with the prospect of a Constitutional Amendment that would put an end to corporate personhood altogether, feel pressured to either overrule or, at a minimum, curtail the reach of Citizens United?...

Guest blogged by Ernest A. Canning

In Wisconsin, two Dane County Circuit Court judges, David Flanagan and Richard Niess both issued injunctions against the state GOP's polling place photo ID restriction ("Act 23") --- Flanagan's temporary, Niess' permanent --- after finding that the law was in direct violation of the WI state constitution's guaranteed right to vote.

Immediately after the first of those two injunctions, issued by Judge Flanagan in Milwaukee Branch of the NAACP v. Walker, the WI GOP filed an ethics complaint with the WI Judicial Commission, alleging that the judge had violated the WI Code of Judicial Conduct because he had signed a petition to recall Gov. Scott Walker (R) and failed to disclose that fact before issuing his ruling.

However, when Flanagan's temporary injunction was promptly followed not only by Neiss' permanent injunction one week later, but by a subsequent refusal by an intermediate WI appellate court to stay the temporary injunction, the hard-right, operating under another right-wing billionaire front group, the Landmark Legal Foundation, filed ethics complaints against 29 WI judges who also signed recall petitions.

If you can't beat 'em, hit 'em with ethics violations complaints...

Guest blogged by Ernest A. Canning

Wisconsin's embattled Governor Scott Walker (R) will almost certainly face a recall election soon, but he is not - repeat - not a target of an ongoing criminal investigation in Milwaukee County...even though last month he hired two criminal defense attorneys to represent him and, on Friday, he announced the creation of an official legal defense fund, according to the Milwaukee Journal Sentinel's Daniel Bice.

The no-uncertain-terms denial about his status in the criminal probe comes from Walker spokeswoman Ciara Matthews who took pains to note on Friday, as the creation of his legal defense fund was announced: "We reiterate that Gov. Walker has been told that he is not a target of this investigation."

On the other hand, state law only allows for such funds to be created under certain circumstances. Bice notes that according to the state's Government Accountability Board [PDF], "Wisconsin Statutes permit a state government official who is being investigated for or charged with a violation of campaign finance laws or prohibited election practices to establish a 'legal defense fund' for expenditures supporting or defending the candidate while that person is being investigated for, or charged with, or convicted of a violation of those chapters."

So who is telling the truth? There's at least one person who may have an inside track to the Milwaukee prosecutors' long-time investigation, in which four top officials of Walker's have already been snagged, and that insider suggests Walker is likely in trouble...

Guest blogged by Ernest A. Canning

"When you let university administrators or other employers rather than women and their doctors dictate whose medical needs are legitimate and whose are not, a woman’s health takes a back seat to a bureaucracy focused on policing her body." - Georgetown Univ. Law Student, Sandra Fluke

One unfortunate aspect of the firestorm surrounding Rush Limbaugh's profoundly uninformed, deceptive and misogynistic vitriol and calls for accountability for the Rightwing radio blowhard, is that it has completely overshadowed the substance of Fluke's testimony on the importance of access to prescription contraceptives to women's health.

The Limbaugh firestorm has also overshadowed the fact that the American Taliban (aka the elected Tea Party House Republicans) prevented Fluke from testifying at a House Oversight Committee hearing, framed by the Republican majority as a hearing on "religious freedom", because, as the Washington Post described, "she was not a member of the clergy."

Indeed, while much is made of the fact that the first panel at the 2/16/12 House Oversight Committee examining an issue vital to women's health was all-male, few have taken note that it was also all-clergy. In opening the hearing, Committee Chairman Darrell Issa (R-CA) announced: "Today, the committee will hear testimony from leaders of different faiths."

Not only did the right-wing GOP House leaders fail to so much as recognize Fluke's right to be heard, but, according to Minority Leader Nancy Pelosi (D-CA) (see video embedded in above-linked Washington Post article), they also refused to permit House Democrats to use the House Recording Studio as part of an effort to try and prevent the public from seeing and hearing Fluke's testimony at all. Instead, Pelosi and the Democrats of the Democratic Steering Committee were forced to hold a separate, unofficial "forum", in order to hear Fluke's testimony.

The video of Fluke's opening statement, the testimony that Republicans sought to prevent from being heard at all, is now posted below.

But it is the larger, arguably more disturbing constitutional ramifications of the actions of House Republicans that we'd like to take a moment to highlight on, as they have been almost entirely overlooked in this unnecessary brouhaha...

Guest blogged by Ernest A. Canning

We recently detailed how legal documents reveal that prosecutors in Wisconsin are painstakingly examining evidence that may well place Gov. Scott Walker (R-WI) at the center of a criminal conspiracy to illegally utilize employees within the Milwaukee County Executive Office to engage in fundraising and campaign activities. We observed that a recall may therefore be the least of Walker's worries.

The relationship between Walker's potential criminal liability and his recall vulnerability has not gone unnoticed by the WI Democratic Party. Asserting that Walker "has given a blizzard of contradictory statements about what he knew and when he knew it," WI Democratic Party Chairman Mike Tate released an ad which refers to the pending criminal scandal as "Walkergate" (see video below) and draws an analogy to Richard Nixon's role in Watergate.

Simultaneously, the embattled governor on Monday abandoned his effort to challenge the more than one million signatures submitted on the Recall Walker petition...

Recall Walker ad comparing Scott Walker to Richard Nixon follows...

Guest editorial by Ernest A. Canning

The title of historian Kevin Phillips' otherwise excellent work, Wealth and Democracy: A Political History of the American Rich, is somewhat misleading. With the exception of constitutional monarchies, which preclude royalty from all but figurehead status, democracy and the concentration of great wealth cannot co-exist in the same society.

If citizens can see past the corporate media-erected contest of personalities so as to examine how it reflects the undemocratic structure of our society, the 2012 Presidential election can provide us with a teachable moment of great value. This is true whether we examine the flood of SuperPAC monies, courtesy of the now infamous Citizens United decision, the striking similarities in their methodology of wealth acquisition depicted both in the 1987 movie Wall Street through its fictional Gordon Gekko and in real life by Bain Capital and Mitt Romney, the ridiculously low 13.9% federal taxes on Romney's $21.7 million income in 2010, his extensive Goldman Sachs holdings and as much as $32 million maintained in off-shore accounts, or the fact that only one, essentially marginalized Presidential candidate in either of the two major political parties --- Ron Paul --- is willing to discuss an end to perpetual war and our global military presence.

Here, Mitt "Gordon Gekko" Romney provides the principle focus, not because of personality, or "envy", but because his candidacy affords an opportunity to explore the inconsistency between wealth and democracy...

Guest blogged by Ernest A. Canning

Fed up with the hard-right's oligarchic, union busting agenda, on Tuesday, opponents of Wisconsin's Gov. Scott Walker (R) delivered a Recall petition to the state's Government Accountability Board (G.A.B.) containing more than one million signatures --- approximately 459,792 more than the 540,208 valid signatures required to trigger a statewide gubernatorial recall under WI law.

Those one million signatures are about to run into an attempted roadblock, however, courtesy of two questionable rulings by Republican Waukesha Circuit Judge J. Mac Davis in the Friends of Scott Walker vs. Brennan case.

The Judge's first questionable ruling was to deny the state Democratic Party's motion to intervene as defendants in the case. The second ruling, issued orally, also found in favor of the GOP, aspiring to force a significant delay in the process of validating signatures (and, therefore, the recall election itself) by shifting the statutory burden for challenging the validity of signatures from Walker to the G.A.B. That second ruling is in direct contradiction to decades of recall history in the Badger State and upends existing law --- a law that went unchallenged by Republicans previously, and worked rather well, even as recently as last year's recall elections of 6 GOP state Senators and 3 from the Democratic Party.

Both rulings, currently the subject of an appellate challenge by the Democrats, may border upon judicial misconduct by a partisan jurist with disturbing ties to a previous statewide scandal...

Guest blogged by Ernest A. Canning

Did you know that Democrats will have a progressive alternative to President Barack Obama on the ballot in New Hampshire tomorrow? We're guessing you didn't.

Moreover, how ironic is it that Darcy G. Richardson, the only progressive Democrat with the courage to challenge the incumbent Democratic President in tomorrow's "First-in-the-Nation" primary, at one time managed the 1988 Presidential campaign of the late Sen. Eugene J. McCarthy? It was McCarthy's receipt of 42% of the vote in the 1968 NH Democratic primary which led to the announcement by President Lyndon B. Johnson that he would neither seek nor accept the nomination of the Democratic Party for President.

How predictable is it, given the utter failure of the corporate owned media to fulfill its constitutionally envisioned function of insuring an informed electorate, that so few Americans are so much as aware of the fact that President Obama is not running "unopposed" in tomorrow's 2012 NH Democratic Primary?

Finally, what impact, if any, will there be for the fact that President Obama reportedly failed to timely submit a slate of national convention delegates to the NH Secretary of State as mandated by the NH Elections Code?...