Steve Heller notes in BRAD BLOG comments today...

He then added separately...

We'd add only one other thought for now: Where does the 2nd Amendment, or any other, afford anybody the "civil liberty" of buying and purchasing as many semi-assault rifles, boxes of ammo and high-capacity magazines as they want without restriction or regulation? We can't seem to find that in our copy of the U.S. Constitution and, though we've asked, no one has yet identified for us where that "liberty" is enumerated.

That said, Heller's point above is probably far more important.

IMAGE: Shutterstock/Sascha Burkard

A few items of late that have caught our eye, but we haven't had time to cover in detail. So, you get the Readers Digest versions for now. You're welcome!

• Susan Rice and the Democrats once again succumb to the demands of terrorists.

• Whodathunkit? But questions arise about the legitimacy of the claims made by Fox' latest wannabe James O'Keefe, about that video purporting to show an "unprovoked attack" by "union thugs" outside the capital building in Lansing, MI this week. The most amazing part? Someone at The New York Times --- yes, that New York Times --- is one of those actually noticing the big honkin' edit in the middle of the video, rather than just reporting it all as unquestioned fact.

• Eric Holder spoke about the need to protect voting rights at the John F. Kennedy Presidential Library. We have more than a few bones to pick about it, but we'll just point you to the actual speech for the moment.

• What's the difference between this and just stealing? House Republicans secretly --- secretly --- authorized $500,000 in tax payer dollars to defend the unconstitutional "Defense of Marriage Act". More of that small government "conservatism", apparently.

• Finally, for now, the critically acclaimed Zero Dark Thirty, the new theatrical film about the manhunt for Osama Bin Laden, reportedly glorifies the torture that led to his capture and killing, even though no torture whatsoever actually led to his capture and killing.

Discuss.

45 Democratic lawmakers in the U.S. House are calling on Congressional leadership in both chambers to cut $100 billion from a "bloated nuclear weapons budget" as part of the ongoing so-called "fiscal cliff" negotiations.

Rep. Edward J. Markey (D-MA), a senior member of the House Energy and Commerce Committee, issued a press release citing the letter sent to House Speaker John Boehner (R), Minority Leader Nancy Pelosi (D) and Senators Harry Reid (D) and Mitch McConell (R) charging that "Our oversized nuclear weapons arsenal fails to reflect historic reality" and that "Our spending on radioactive relics of the past requires a reality check" after the successful conclusion of the Cold War.

The 45 House Dems list unnecessary current expenditures for "refurbishing a nuclear bomb that no one wants…a Uranium processing facility we do not need…a nuclear bomber when the ones we have will last for decades."

The letter, (posted in full below) implores leadership:

While the letter from the largely progressive Congressional members appears to be a rational step in the right direction, it raises additional questions. Among them: (1) Given that two nations, the U.S. and Russia, possess 95% of the world’s nuclear arsenals, and given that each nation’s individual arsenal is capable of destroying all life on the planet many times over, does it make sense to simply trim only $100 billion from an estimated $640 billion in nuclear weapons expenditures scheduled over the next ten years? (2) Why not couple the immediate request to trim $100 billion from the nuclear weapons budget with a call for a joint resolution of Congress calling upon the President to initiate negotiations under the auspices of the U.N. for a multilateral Treaty that would entail the eventual dismantling of all nuclear arsenals?...

In what UPI's Gabrielle Levy describes as a "passive-aggressive" Facebook post, Republican Rep. Allen West conceded to his Democratic challenger, Patrick Murphy, in FL's 18th Congressional District this morning.

Here's the first part of West's post...

With West's concession, however, there are still a few points to keep in mind moving forward...

[Now UPDATED with audio archives below.]

We're back in this week --- today through Wednesday --- guest hosting the nationally-syndicated Mike Malloy Show.

Once again, we'll be BradCasting LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open, at the bottom of this item, a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

• HOWIE KLEIN of Down With Tyranny! and founder of Blue America PAC, on what changes can be expected from the new make-up of Congress next session. Will it be more progressive or not?
• PLUS! The latest in the West/Murphy U.S. House election debacle in FL-18, the criminal BP settlement for the Gulf Oil disaster and as many of your calls as we can possibly get to over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at our Sante Fe affiliate KTRC 1260, or our Minnesota affiliate KTNF 950 (tell them you're from "Minnesota" when asked). Also, you should be able to listen live at WhiteRose Society if the radio gods are with us.

POST-SHOW UPDATE: Thanks to all for an awesome show tonight! Commercial-free audio (and chat room) archives are now posted below for your listening pleasure, and we'll be back tomorrow night for Round 2! Keep it lit until then!...

Lisa Graves, of The Center for Media and Democracy [CMD], is "asking citizens to contact their Senator and demand hearings on the way 'dark money' has stealthily influenced the election." The CMD's proposal includes a specific demand that Charles and David Koch be subpoenaed to testify --- something which, Graves explains, the oil and chemical magnate brothers evaded some 15 years ago when U.S. Senator Fred Thompson (R-TN) blocked efforts to force them to testify about their use of front groups to influence elections.

Unlike the GOP, whose calls for "Watergate-style" Benghazi hearings have been described as "political theater," the incoming 55-member Senate Democratic Caucus is in a position to conduct a broad and thorough set of hearings that could expose the ever-present threat to the very survival of democratic governance by what former Vice President Henry A. Wallace described as "the American fascist."

Coming within the context of near universal opposition to the flood of corporate money that drown out the voices of ordinary citizens, such hearings could also serve to catapult growing calls to not only overturn the infamous Citizens United decision but to end the concept of "corporate personhood" and establish that money is not "free speech."

The United States Senate has not been in a position to conduct hearings of such monumental import since Sen. Sam Ervin (D-SC) chaired the Senate Select Committee to Investigate Campaign Practices aka the Senate Watergate Committee...

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IN TODAY'S RADIO REPORT: We're back! Obama wins and talks climate change, but will he --- can he --- deliver?; Grover Norquist vs. the Koch Bros.; Will US become the Saudi Arabia of oil?; PLUS: Superstorm Sandy was very expensive ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): GA utility tries to muscle out solar startup; Forecast: drought and more drought; Chevron Refinery Fire: Chevron won't clean up; Bringing solar to military housing; Water Supply in a Warming World; Researchers Use Rust and Water to Store Solar Energy as Hydrogen; MRSA superbug found in US water treatment plants ... PLUS: CA's Cap-And-Trade System To Launch With First Pollution Permits Auction ... and much, MUCH more! ...

Earlier today, Brad Friedman reported in detail on the uncertified, "experimental" software patches that Ohio's Secretary of State Jon Husted (R) had secretly contracted [PDF] with Election Systems & Software, Inc. (ES&S) to create and install at the very last minute onto electronic central vote tabulation systems in 39 Ohio counties, encompassing more than 4 million Buckeye State voters.

We noted that Bob Fitrakis, one of the Ohio journalists at the Columbus Free Press who had initially broken the story late last week, was planning to file a legal complaint and temporary restraining order in hopes of blocking the use of the mysterious, untested software on the ES&S central tabulation systems in those counties.

Late tonight, just hours from the official opening of Election Day polls in the Buckeye State tomorrow, we obtained copies of both the complaint [PDF] and the motion for a temporary restraining order [PDF] which have now been filed in the U.S. District Court for the Southern District of Ohio, Eastern Division and where oral argument has been scheduled for tomorrow morning, Election Day, at 9am local time before Judge Gregory L. Frost, a George W. Bush appointee...

As the New Jersey Shore's "surreality" show continues to unfold on TV, one cannot help but note all the ads on CNN and Fox News from those that likely helped make such epic storms possible, or --- at the very least - helped to make them worse. Commercials from the oil and coal industry pepper the coverage like so many reminders of what is NOT being discussed by the mainstream news media; the role our dependence on fossil fuels is playing in this unfolding mega disaster.

The numbers are staggering enough: some 60 million Americans directly impacted by Superstorm Sandy, at least 74 Americans dead, and, at last count up to 10 million people who lost power. When the electricity comes back on and the damage toll is tallied, the bill is likely to reach $20 billion or higher. And that does not include all the travel upheaval or the hit to the economy in general.

It seems the summer that brought us the worst drought in modern history, fires in dozens of states, and some 40,000 temperature records broken this year alone, is now being followed by an autumn that spawned Sandy, what some are already calling the Storm of the Century. Or, at least the latest one. With sand turning Atlantic City into a beach, the boardwalk into the broad wreck, homes broken in Hoboken, and more than 11 feet of floodwater on Wall Street with gale force winds tossing cars around like matchsticks in Manhattan, you'd have to work for the coal and oil industry to miss the irony --- as well as the tragedy --- encompassed in the continued political silence on climate change…

The Oct. 23, 2012 Third Party Presidential Debate between four candidates vying, along with President Obama and Mitt Romney, for the office of the U.S. Presidency, provided a rare, yet valuable glimpse at what a genuine, representative American democracy might look like. The worthy discussion, at the very least, should be read via text transcript, exclusively available here at The BRAD BLOG, for those who lack the time to watch the ninety minute video, embedded below.

Unlike Democracy Now's three expanded debates, which presented third party candidate responses to the questions posed at the three "official" Presidential debates and one Vice-Presidential debate sponsored by the so-called Commission on Presidential Debates, the Oct. 23 debate provided a forum that was not tethered to what co-moderator Christina Tobin of the Free and Equal Foundation, the organizers, described as "the private interests who control our beliefs, our opinions and our lives." Here, questions were neither posed directly by, nor filtered through corporate media-controlled moderators. Rather, they were presented, word-for-word, as submitted by citizens through social media.

With the single exception of the failure of Libertarian Candidate and former New Mexico Republican Governor Gary Johnson to say where he stood on "top-two" primaries (aka "Cajun primaries"), it was a debate in which all candidates left no room for doubt as to where they stood. It was a debate that included in-depth discussion on a wide variety of issues of vital importance, many of which were understandably evaded not only by the two major party Presidential candidates, but by the corporate media in the official debates, because those issues conflict with corporate wealth and power, including the wealth of the corporate-owned media.

It was a debate that began with Tobin's promise of future debates between "more candidates at every level of government" and ended with her surprise announcement of a final, foreign policy debate, next Tuesday, Oct. 30, commencing at 9:00 p.m. ET, broadcast via RT America, between two of the four candidates to be selected via an [ugh] online, instant run-off vote...

To be frank, while it's no secret that the Center for American Progress has always been an outside extension of the Democratic Party, their important blog site, Think Progress, has served as a crucial, and journalistically sound fact-checker on the excesses, inaccuracies and blatant fabrications of the Right over the past several years.

I have been more than happy to cite their excellent work on a number of fronts over the years and take no pleasure in calling them, their new Senior Editor Judd Legum, and one of their writers, Aviva Shen, out here on The BRAD BLOG for an egregious and, frankly, outrageous journalistic failure.

It is one thing to make an error. We all do it. It is quite another thing indeed --- and what, in my opinion, separates real journalists from hacks --- when, once called out with independently fact-based and verifiable evidence of those errors, one sticks to the original error come what may.

That's exactly what Legum and Think Progress have decided to do, as the email discussion between Legum and me illustrates below. I'm sorry I have to even run it, but, for journalists, credibility is our only currency --- (especially those of us not funded by major foundations, as Think Progress is...so feel free to hit the tip jar here!) --- and being smeared, without correction, from a respected institution like Think Progress is extraordinarily damaging to all that we do here.

So here's what happened...

Democracy Now!'s "extended second debate" (see video below), featuring third-party candidate responses to questions from last week's "official" Presidential Debate at Hofstra University side-by-side with the two main party candidates, illustrates the malaise of an American electorate which senses a fundamental disconnect between the promise of "change we can believe in" offered up by one of two corporate sponsored candidates, even as political and economic inequality, outsourcing and war have expanded over the past four years.

Yet, the only other voice generally offered to the American electorate is the 21st century equivalent to a snake-oil salesman, whose entire work in the private sector, along with a brief stint as a governor, have been devoted to outsourcing, predatory capitalism and greater inequality. He is a candidate who not only seeks to retain the deficit-exploding Bush tax cuts, but wants to pile on with a $5 trillion pig-in-a-poke tax cut for the billionaire class. That tax-cut, coupled with a massive give-away to the military-industrial complex would, of necessity, reduce government to the point that it would be incapable of performing its constitutionally recognized core function of promoting the general welfare.

The comments made by Dr. Jill Stein, the Green Party Presidential candidate, at the time of her unsuccessful attempt to enter the second Presidential debate --- an attempt which resulted in her being arrested and cuffed to a chair for eight hours --- along with the substantive dialogue produced by Stein, Justice Party Presidential candidate Rocky Anderson, and Constitution Party Presidential candidate Virgil Goode, Jr., during Democracy Now's "extended second debate", underscore what Noam Chomsky referred to in Failed States as the "democracy deficit" --- the significant gap between the policy positions of the vast majority of American citizens and the political elites who supposedly represent them...

We've been remiss in highlighting the smart work of comedian, activist and very smart social satirist Lee Camp here at The BRAD BLOG. He's done some terrific stuff on Election Integrity, voter suppression and e-voting issues, here for example. Or just do yourself a favor and browse his full YouTube channel here.

So, as I'm still clawing my way out from under the weather this week, allow me to let Camp fill you in on what happened last night when Green Party Presidential candidate Dr. Jill Stein and her running mate Cheri Honkala --- who will be on 85% of the ballots in the U.S. this November, qualifying them for more than enough electorate votes to actually, ya know, win the Presidency --- were arrested and then reportedly shackled to metal chairs for 8 hours thereafter, for little more than having the temerity to show up and try to gain entrance to the "official" Presidential Debate at Hofstra University in New York.

I'm more than happy to associate myself with Camp's outrage...

Video of the arrest of the Presidential and Vice-Presidential candidates, for "blocking traffic", and the somewhat remarkable transcript of what was said during the first part of it, courtesy of Democracy Now!, follows below...

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IN TODAY'S RADIO REPORT: Debating the future - contrasting the candidates on energy; Obama fast-tracks solar on public lands; Car battery maker goes bankrupt; PLUS: It's official: September 2012 was the hottest month ever. Ever, people! ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Corn Belt Shifts North With Climate as Kansas Crop Dies; TEPCO admits Fukushima was avoidable; New Study Ties Hurricane Strength To Global Warming; Keystone XL pipeline opponents turn to civil disobedience; Iraq to invest up to $1.6 bln in solar and wind ... PLUS: World's biggest geoengineering experiment 'violates' UN rules ... and much, MUCH more! ...

Where, in Pennsylvania, the state GOP admitted that they are not aware of so much as a single instance in which an ordinary citizen has been charged with, let alone convicted of in-person voter impersonation --- the only form of voter fraud that can be prevented by disenfranchising polling place Photo ID restriction laws --- there have been a growing number of claims that political elites have used a false residence to vote, often to insure their own elections in a district where they do not reside.

On October 2, a Los Angeles Superior Court Judge ordered that "Los Angeles City Councilman Richard Alarcon [D] and his wife will face trial on 23 felony counts of perjury and voter fraud" when the couple allegedly used a false address to both vote and qualify for elective office within LA's 7th district, according to Los Angeles Times. The Alarcons claim they were simply using a second home outside the district while their other home was being renovated.

The issue of false residency voter fraud is neither novel nor limited to Democrats like Alarcon. Indeed, as Brad Friedman has tirelessly documented, the issue of false residency voter fraud amongst high-profile Republicans --- including the GOP's 2012 nominee for President of the United States --- has approached epidemic proportions.

Class, as well as party, may explain the disparity between the ability of the elites to commit false residency voter fraud with near impunity as compared to the harsh impact of Photo ID laws that address a phantom menace as applied to the most vulnerable segments of our society.

Here are just a few recent cases of false residency voter fraud by some faces you will be very familiar with. Only one of them, to date, has faced any sort of actual accountability for their election crimes...