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By Brad Friedman on 8/19/2013 2:35pm PT  

* * *

P.S. Yes, I'm safely out of the mountains and just now beginning to get caught up with --- and make sense of --- the mountains of stuff that I very happily missed over the past week.

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By Brad Friedman on 8/10/2013 9:05am PT  

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

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

From Nick Wing at Huffington Post...

In the midst of his 2012 GOP primary campaign for a Massachusetts state House seat, Jack Villamaino changed the party affiliation of nearly 300 people in his town of East Longmeadow. Days later, the same number of absentee ballot requests were dropped off at the town clerk’s office, a list that was almost a “name-for-name match” for those whose registration information Villamaino had altered.

Earlier this week, Villamaino pleaded guilty to felony charges of stealing ballots and changing the party affiliation of 280 Democrats during his campaign for state representative. A judge sentenced him to a year in jail, only four months of which he'll be forced to serve behind bars.

The remainder of that sentence will be suspended, and Villamaino will also be required to serve a year of probation.

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

Three very quick points of note here...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 8/8/2013 5:05pm PT  

From UC Irvine election law professor Rick Hasen's blog last night...

Only in America

Texas defends itself against claims it discriminated against minority voters by claiming it discriminated against Democrats (p. 19):

DOJ’s accusations of racial discrimination are baseless. In 2011, both houses of the Texas Legislature were controlled by large Republican majorities, and their redistricting decisions were designed to increase the Republican Party’s electoral prospects at the expense of the Democrats. It is perfectly constitutional for a Republican-controlled legislature to make partisan districting decisions, even if there are incidental effects on minority voters who support Democratic candidates.

Lovely, Texas.

Our own Ernie Canning covered the DoJ's recent federal court filing seeking to require preclearance for all new election laws in Texas, given their recent history of racial discrimination in election-related laws. The move by DoJ comes on the heels of the Supreme Court's June decision in Shelby County v. Holder which otherwise tossed out the list of racially discriminating jurisdictions (Texas had been one of them) previously covered by the Voting Rights Act's pre-clearance requirement.

Lyle Denniston at SCOTUSblog offers a very good summary of both the case and Texas' response filed this week.

Hasen characterizes the Texas response as an "overreach" in their attempt to hide behind the Shelby County decision. However, Hasen also cautions that the Texas argument "could well find a receptive audience at the Supreme Court." And, I should also mention, the final paragraph of Hasen's article is chilling.

* * *
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With Brad Friedman & Desi Doyen...
By Desi Doyen on 8/8/2013 3:49pm PT  


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Wisconsin Republican becomes unlikely champion of voting rights, in direct contrast with his own party's shameful leadership...
By Brad Friedman on 8/5/2013 2:51pm PT  

[This article cross-published by Salon...]

Full Disclosure: The BRAD BLOG has not been shy in calling out Rep. James Sensenbrenner (R-WI) for some fairly outrageous stuff over the years.

Who can forget, for example, the time when, as Chairman of the U.S. House Judiciary Committee in 2005, he shut down the microphones and lights in the middle of an oversight hearing on the PATRIOT Act when he did not approve of the testimony offered by witnesses called by Democrats?

It was outrageous, it was inappropriate, and we reported it as such at the time, just as we did in 2011 when, in a bit of déjà vu, he similarly shut down a town hall event in WI after protesters there expressed outrage over the Republicans' radical anti-union law recently adopted in the state.

So it is with much sincerity and great appreciation that we "call him out" today, not for outrageous behavior, but for his outspoken and unwavering support for the Voting Rights Act of 1965, after the very heart of that landmark civil rights legislation has been violently carved out by a 5 to 4 U.S. Supreme Court ruling in June...

--- Click here for REST OF STORY!... ---

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Op-ed by four former Republican EPA chiefs still won't be enough to break through modern GOP's climate of denial...
By D.R. Tucker on 8/4/2013 7:35pm PT  

There is no such thing as a Republican politician who reads the New York Times.

That's the obvious takeaway from the events of August 2, as the GOP-controlled House cast a symbolic vote against the concept of a carbon tax just hours after the Times published an op-ed written by Republican-appointed former EPA administrators William Ruckelshaus, Lee Thomas, William Reilly and Christine Todd Whitman calling for such a tax, and otherwise for the GOP to join President Obama in taking aggressive action to reduce carbon emissions before it's too late.

One wonders why Ruckelshaus (the very first head of the EPA, as appointed by leftist EPA creator President Richard Nixon), Thomas, Reilly and Whitman even bothered to write this op-ed. After all, they are calling upon Republicans to embrace policy.

Has it not been finally proven that the Republican Party --- the party I belonged to for fifteen years --- no longer cares about policy? And, to ask the even more obviously rhetorical question: do they not realize that in 2013, "Republican environmentalist" is as much of a logical falsehood as "clean coal"?...

--- Click here for REST OF STORY!... ---

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By Brad Friedman on 8/3/2013 5:05pm PT  

Once upon a time in America --- Before Limbaugh, Fox "News" and the Great Con...

[Hat-tip @GeeOhPees2]

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 7/30/2013 3:34pm PT  


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Files papers seeking requirement of federal preclearance for voting laws in TX, promises similarly aggressive action elsewhere...
By Ernest A. Canning on 7/29/2013 1:47pm PT  

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

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

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

I have already directed the Department’s Civil Rights Division to shift resources to the enforcement of a number of federal voting laws not affected by the Supreme Court’s decision --- including the remaining provisions of the Voting Rights Act [VRA], prohibiting voting discrimination based on race, color, or language.

And today I am announcing that the Justice Department will ask a federal court in Texas to subject the State of Texas to a preclearance regime similar to the one required by Section 5 of the Voting Rights Act...based on the evidence of intentional racial discrimination that was presented last year in the redistricting case, Texas v. Holder – as well as the history of pervasive voting-related discrimination against racial minorities that the Supreme Court itself has recognized – we believe that the State of Texas should be required to go through a preclearance process whenever it changes its voting laws and practices.

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

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

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

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

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

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

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

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

--- Click here for REST OF STORY!... ---

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UPDATE: Arrestee identified as Korean War hero, also arrested in 1965 Selma, AL voting rights march with Martin Luther King...
By Brad Friedman on 7/27/2013 6:25pm PT  

So this is what it's come to, North Carolina? Really?...

[Hat-tips @utbrp and @enmarshall.]

* * *

UPDATE 7/29/13: The arrestee seen above has now been identified, as 83-year old Robert Plummer, Jr. of Carthage NC. He is, according to We Act Radio, "a Korean War Vet who was one of the first African-American Navy UDT divers (AKA Frogmen, the precursors to the US Navy SEALs)."

When asked about his voting rights concerns in NC, as seen their video posted below, Plummer responds: "I am very despondent on that matter, because that's what I went to war for --- for protection of voting rights. And I can't see us going and saving democracy all over the world when our voting rights are being deteriorated right here in the United States."

He also says his arrest last week was not his first run in with the law. He says he was arrested on the Edmund Pettus bridge with Martin Luther King during the 1965 march for voting rights on Bloody Sunday in Selma, AL. Though, when asked for details by the reporter in the video, he demurred, saying, "I don't want to go back that far. I'm a young man!"

When asked if he was going to keep fighting for voting rights, he responded: "Most emphatically"...

* * *

UPDATE 7/30/2013: I've now spoken to Plummer, to invite him on to my radio show. Unfortunately, he has bible class tomorrow at his church, where he is a Deacon, and won't be able to join me. But he was an extraordinarily pleasant man, with a sharp sense of humor. He confirmed the information above, and added these thoughts during our conversation when I asked why he was willing to be arrested at the Capitol. His reply:

I'm willing to get arrested, because I can see the wheel is turning is turning in an opposite way. We were going in a progressive way, but now it's going backwards. It could still change if our legislators turn another way, and I may have to get real kind of biblical on them. On everything, unemployment, healthcare, voting rights the whole nine yards has been eroded so egregiously.

The good Lord is looking down on us, and saying "why?" And we have no pertinent answer to give to the Lord because we are all trying to abide by the mosiac of laws. Even though the ten commandments were supposed to have been changed with the crucifixion of Jesus, but still, I see a form a crucifixion being done on our poor, disabled, youth, and our middle class.

He also added, as he was looking up the phone number of his church for me on his iPad and his new "32gigabites iPhone", that he is "half way up to speed on what is going on," because, after all, he says, "I'm an old pirate, man."

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U.S. Supreme Court gutting of Voting Rights Act paves way for radical new restrictions on democracy in Tar Heel State...
By Brad Friedman on 7/25/2013 11:49pm PT  

[This article now cross-published by Salon.]

Late Thursday night, the North Carolina state legislature approved a radical voter suppression bill on a party line vote. The measure, easily the most extreme anti-voter bill passed by any state since the Jim Crow Era, now heads to Republican Governor Pat McCrory for his signature. Court challenges, many of them, will most assuredly follow.

I discussed the Tar Heel State Republicans' horrendous voter suppression law as it moved through the state legislature earlier this week in an article focused on the public pushback against both it, and other radical laws being hurriedly enacted in the state while the Republicans hold veto-proof majorities in both chambers of the state house, as well as the Governorship there. It's the first time in 150 years that that has been the case, and the GOP is making all they can of it, voters be damned.

I also discussed the bill on this week's KPFK BradCast. But I want to highlight just how draconian this massive restriction on voting rights actually is in North Carolina, which, until the complete Republican takeover of the state government in 2012 (thanks to gerrymandering in 2010), had actually been a fairly progressive state by southeast standards, particularly in regard to voting laws.

In the wake of the U.S. Supreme Court's recent gutting of the important pre-clearance provision of the landmark Voting Rights Act --- the provision which had required states with histories of racial discrimination, like NC, to obtain federal approval before making any changes to voting laws --- NC and other states now "freed" from the yoke of not being able to discriminate, have been on a tear to pass discriminatory laws previously denied under the VRA.

NC has now done that in a way that no other state has yet even tried. They have, in essence, included in this bill every conceivable voter suppression tactic that has ever been dreamed up over the past decade by the Republican Party --- and then some.

UC Irvine election law professor Rick Hasen described the bill as "a nightmare for voting-rights advocates."

It includes draconian polling place Photo ID restrictions (despite any evidence of polling place impersonation in the state), shortens the early voting period and eliminates NC's very successful same-day voter registration program. "But," Hasen adds, "it’s also a laundry list of ways to make it harder for people to vote, and which cannot plausibly be justified on antifraud grounds."

Just take a look at the list of some of the other provisions including in this "nightmare" of an anti-democratic --- as well as anti-Democratic --- voter suppression bill...

--- Click here for REST OF STORY!... ---

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 7/25/2013 4:03pm PT  


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First surveillance-related floor vote since Snowden disclosures opposed by White House, secretly lobbied against by NSA head, supported by majority of Democrats and some Republicans
UPDATED: Congressional opponents of unlimited domestic surveillance vow to fight on...
By Ernest A. Canning on 7/24/2013 7:22pm PT  

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

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

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

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

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

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

* * *

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

--- Click here for REST OF STORY!... ---

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 7/23/2013 4:09pm PT  


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IN 'GREEN NEWS EXTRA' (see links below): Globally, June was 2nd hottest on record: NASA; US Algae Company Turns Sewage Into Biofuel; Alberta tar sands spills: no end in sight; Discounts mean electric car costs near zero; Melting glaciers around the world experiencing ‘Jokulhlaup’; Wildfires spread across warming Arctic boreal forest; Animal welfare activists sue to overturn 'Ag Gag' law... PLUS: 'Elysium': For the wealthy, climate-gated communities. For the rest of us, whatever is left ... and much, MUCH more! ...

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Massive weekly protests reclaiming the moral high ground and confounding the 'Tea Party' in the once-moderate Tar Heel State...
By Brad Friedman on 7/23/2013 1:39pm PT  

I've always wondered why non-Rightwing Christians have allowed Rightwingers to take "God" and "Jesus" as their own, particularly since progressive principles are far more in line with those said to be the teachings of Jesus.

The folks in North Carolina --- who are now under siege by Republican control of both congressional houses and the governorship for the first time in 150 years --- have been going about reclaiming the moral high ground with a series of massive (and growing larger) "Moral Monday" protests at the state house, so far resulting in about 900 arrests for civil disobedience as of this week's twelfth consecutive Monday protest.

The protests are being held by a wide coalition of groups in response to the radical Republican legislation --- much of it written out of state by the Koch-funded corporatist lobby, the American Legislative Exchange Council (ALEC) --- meant to see the state government shut down women's health clinics, cut education funding and, of particular note, suppress voters by truncating early voting, ending Sunday voting, banning NC's successful Election Day registration program, instituting tax penalties to parents whose children vote at their college residences, and by putting in place draconian polling place Photo ID restrictions. (See Ari Berman today at The Nation for more on the NC Republican's attempt to institute all of these "extreme voter suppression measures".)

At Salon, Kristin Rawls explains that the "Moral Monday" protests in NC, "that include support for LGBT and abortion rights", seem to be "confounding to the Tea Party", but not to the many groups of faith (as well as "atheists, agnostics and members of other faiths in attendance every week") who are finally taking back the moral high ground from the Rightwing hypocrites who have claimed it, but never earned it, for so much of the past decade.

It's an interesting read, and an interesting phenomenon that, Rawls notes, "is supported by a 150-organization coalition spearheaded by the NC-NAACP that includes everything from Occupy Raleigh to Planned Parenthood-NC to the NC Association of Educators."

Her point about why the voter suppression laws Republicans are now trying to pass are so important for the NC GOP radicals, is explained in this key passage...

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