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...

As she has done in the past, Amy Goodman of Democracy Now! offered a real-time alternative to the narrow constraints of a Presidential debate, which constricted the scope of political discourse to that which had been presented by the two major party candidates.

Two third party Presidential candidates, Dr. Jill Stein of the Green Party and former Salt Lake City Mayor Rocky Anderson of the Justice Party, responded to questions posed by Presidential debate moderator Jim Lehrer following the initial responses of President Barack Obama and former Gov. Mitt Romney. Libertarian candidate Gary Johnson was invited but declined to take part in the Democracy Now! forum.

Where much of the post-debate analysis focused on the President's failure to forcefully respond to his opponent's deceptive claims or to point to his weaknesses, such as outsourcing in relation to his tenure at Bain Capital and his 47% remark, the scope of the two-party debate was also constricted by the questions posed by moderator Jim Lehrer. As Goodman observed, "some domestic issues went virtually unmentioned…including immigration policy, global warming, gun control, incarceration rates and poverty." One could add to that the disturbing failure to include such issues as Supreme Court appointments, Citizens United, Occupy Wall Street and issues of gender equality and women's health.

But, even within the confines of Lehrer's myopic questions, Stein and Johnson offered responses that suggest how including all Presidential candidates who have qualified to be on the ballot, into a single, extended debate, would serve to enhance the knowledge base of the U.S. electorate...

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IN TODAY'S RADIO REPORT: Obama vs. Romney vs. Facts: fact-checking & debunking the 1st Presidential debate; Total Oil slams Shell Oil's Arctic drilling; PLUS: A whole lotta shakin' going on: more fracking earthquakes in Texas ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): "Culture of fear" at San Onofre nuclear plant; 'Hundreds of problems' at EU nuclear plants; Gasoline shortage closes CA gas stations; Enbridge CEO floats new light oil pipeline plans; US Solar industry pushes for China trade sanctions; Alaska-to-Asia natural gas pipeline plan timeline set; Exxon plans to drill near atomic waste dump in Arctic; Ocean acidification emerges as new climate threat ... PLUS: Clean energy showdown in Arizona ... and much, MUCH more! ...

In a debate, it is not always enough for one candidate to accuse the other of making up numbers from whole cloth --- especially when the opposing candidate presents analysis from highly partisan lobbying groups as "independent" sources on par with the Congressional Budget Office or Office of Management and Budget.

Massachusetts U.S. Senate candidate Elizabeth Warren (D) missed the opportunity to highlight the non-independence of the "independent" sources Sen. Scott Brown (R) cited during their first televised debate last week (see video below). He claimed that her policies would raise $3.4 trillion in taxes "on the backs of citizens" and "cut 700,000 jobs nationwide". The numbers were proffered by Brown in response to Warren's criticism of the Republican Senator's votes against three critical jobs bills that she asserted would have been paid for by "a fractional tax on people making more than one million dollars a year."

Warren accused Brown of making up his numbers from whole cloth and drove home her central point --- that Brown is willing to hold middle class taxpayers hostage in order to prevent a restoration of the Clinton level of taxes on the top two percent of Americans.

But she missed the opportunity to call out Brown for his laughably misleading use of statistics from highly partisan lobbying organizations --- specifically the National Federation of Independent Business and the U.S. Chamber of Commerce --- as coming from "independent groups"...

The veteran's advocacy group, VoteVets.org filed an amicus curiae brief [PDF] last Wednesday in support of U.S. District Court Judge Peter Economus' recent order compelling Ohio Secretary of State Jon Husted (R) to restore Early Voting for all registered Ohio voters during the three days immediately preceding the Nov. 6, 2012 election.

The order came in response to a lawsuit filed by the Obama Campaign challenging the Buckeye State Republicans attempt to restrict voting in that period to all but active duty military. The Romney Campaign supported the Republican attempt to restrict the voting rights that had previously been shared by all state residents.

In their brief, VoteVets argues that Husted's directive adversely affects the voting rights of Ohio's more than 900,000 veterans, including more than 90,000 disabled veterans, many of whom are incapable of standing in long lines on Election Day.

The brief also alleges that the Republicans' new restrictions on Early Voting, for all but active duty military in the Buckeye State during those three days, could also arbitrarily deprive many active members of the armed forces of their right to cast an early in-person absentee ballot as well. This can occur, says the group, because Husted left the decision whether "to open those three days for in-person voting by [active military] voters...[to] the discretion of the individual county boards of elections."

The point also raises another salient legal issue, not fully considered by many of the Election Law experts who have weighed in on both the specific and broader implications of the Secretary of State's pending, expedited appeal of Judge Economus' recent decision to restore those three days of Early Voting for all...

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IN TODAY'S RADIO REPORT: A Tale of Two Conventions: wrapping up the DNC vs. RNC; It's official: 2012 shaping up to be hottest year on record; Shell begins Arctic drilling, but the Arctic has other plans; PLUS: 9/11, and the consequences of ignoring warnings ... 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): Foul smell across Southern Cali; Caribbean coral reefs near collapse; BP unloads millions in Gulf of Mexico leases; Massive wildfires, evacuations in West; NYC unprepared for rising sea levels, storm surge; Looming national security issue at chemical plants; Climate change challenge for power plant operators; China orders renewable energy standard ... PLUS: GM calls report of money-losing Volt sales 'grossly wrong' ... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Bill Clinton makes the green case for Barack Obama at the DNC; PLUS: DOJ excoriates BP for "willful misconduct" and "gross negligence"... 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): US taxpayers scammed by cheap coal auctions; Keystone XL Update: new route proposed, TX blockade shuts down worksite, Transcanada seizes US property through eminient domain; Organics vs. chemical farming; Patagonia's glacier melt accelerating; Video: How climate change will change your weather; Australia's carbon tax enriching polluters? ... PLUS: Special Report: "The Worst Environment Money Can Buy" ... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Romney mocks climate change, while Obama doesn't, as the Democratic National Convention gets underway; Energy company CEO pushes for a price on carbon(!); Midwest drought now coming for your popcorn; PLUS: Speaking of 'popping' - Hurricane Isaac recovery, now with dead rats! ... 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): Summer of Fire 2012: new fires prompt evacuations in NE, CA; Organics no healthier than conventional foods - if you don't count pesticides and antibiotic-resistant superbugs; Israel solar industry struggling; Arctic ice melt: 1st sailboat in the Arctic Ocean; Shell gets a pass, clears another hurdle to Arctic drilling; Methane now contaminating PA water supplies; Study: humanity set to blow past 2 degrees Celisus warming ... PLUS: Labor Day 2040: Endless Summer ... and much, MUCH more! ...