We were back live today for the first BradCast on KPFK/Pacifica Radio since the holidays.

First up, a few incomplete words on the breaking news of today's horrific terror attacks at the satirical Charlie Hebdo newspaper in Paris.

Then, BRAD BLOG's legal analyst Ernest A. Canning joined us to discuss his own father's detention and torture (including water-boarding) under the Japanese Kempetai at the notorious Shanghai Bridge House during WWII. After the war, his father, James Robert Canning, testified against his captors [PDF] at the Hong Kong War Crimes Trials, where some members of the Japanese Imperial Army received life sentences --- and, some, the death penalty --- for many of the same crimes against humanity carried out by the U.S. in the wake of the 9/11 attacks [PDF], as Ernie wrote about here recently.

Then, we cover what we hope might be the last report of the 2014 election, the (good news on several accounts) solution to the great Maine Ballot Mystery!

Finally, as ever, Desi Doyen joins us for the latest Green News Report to quickly cover all that happened in the green news world while we were off for holiday break at the end of the warmest year for the planet in recorded history...

Download MP3 here or listen online below...

A former Governor of Virginia is expected to be sentenced to a long stay in prison. The same fate has befallen governors in states across the United States, including in nearby Maryland, Tennessee, and West Virginia. A former governor of Illinois is in prison. Governors have been convicted of corruption in Rhode Island, Louisiana, Oklahoma, North Dakota, Connecticut, and (in a trumped-up partisan scam) in Alabama. The statewide trauma suffered by the people of states that have locked up their governors has been...well, nonexistent and unimaginable.

Locking U.S. presidents up for their crimes is a different story. Former President Richard Nixon's understanding that whatever a president does is legal has not been challenged since he made that comment. The Washington Post --- not exactly a Nixon supporter --- has the same understanding now. The Post recently justified the latest proposal to re-ban torture by explaining that even though torture was already banned, President George W. Bush tortured and therefore had found a legal way around the law. In other words, because he hasn't been prosecuted, what he did was legal.

The New York Times, which urged prosecuting former President George W. Bush for torture six years ago, recently wrote this:

If there is a downside to the recently released executive summary of the U.S. Senate Torture Report [PDF], it can be found in the extraordinary lengths to which it goes to demonstrate a long-established fact: Torture is ineffective as a means for extracting actionable intelligence.

Emboldened by that focus, U.C. Berkeley Law Prof. John Yoo authored a response to the Senate Torture Report by way of a recent, Los Angeles Times op-ed. In 2002, while serving as the Deputy Assistant U.S. Attorney General, Yoo authored a memo that green-lighted CIA torture following the 9/11 attacks. The memo, according to UC-Irvine's renowned constitutional law professor Erwin Chemerinsky, should now serve as the basis for the prosecution of Yoo for war crimes. Shielded by the Obama/Holder Dept. of Justice's refusal to prosecute, Yoo shamelessly argued in his Los Angeles Times editorial that the newly released Senate Torture Report had shifted [emphasis added] "the debate beyond legality to effectiveness."

The issue of torture's "effectiveness" is not and never has been an appropriate subject for "debate." Robert Colville, the U.N. High Commissioner for Human Rights makes that clear in referencing the U.N. Convention against Torture, an international human rights treaty to which the U.S. is a signatory. "Torture is prohibited absolutely, in all circumstances, at any time," he explains in regard to the treaty signed by President Ronald Reagan. "It cannot be practiced in war, in peace, during emergencies, during internal instability, any circumstances whatsoever."

Those legal proscriptions apply not only to those who carry out torture but also, under the principle of "command responsibility," to high level officials who facilitate or fail to prevent torture by their subordinates.

As I revealed in my five-part series on the History of CIA Torture: Unraveling the Web of Deceit back in 2009, for me, torture is exceedingly personal. In late 1942 my father, James R. Canning, was waterboarded at Shanghai's Bridge House, an infamous torture chamber --- something that entailed a frightening, traumatic and "exquisitely painful," six-hour ordeal. He eventually signed a "false confession" stating that he was a British agent, even though he knew it wasn't true and even though he believed at that moment he was signing his own death warrant.

This Partial Trial Transcript [PDF] includes my father's testimony at the 1948 Hong Kong War Crimes Trials. It exposes the hypocrisy in the Obama/Holder DoJ's failure to apply the same ("command responsibility") legal standard to Yoo, former Vice President Dick Cheney --- who now proudly declares "I'd do it again in a minute!" --- and other high-level, Bush administration officials.

In 1948, that "command responsibility" standard was used to convict Lt. General Eiichi Kinoshida, who received a life sentence even though there was no evidence he personally participated in torture.

If we are indeed, as proclaimed by Sen. Diane Feinstein (D-CA) in her Forward to the Senate Torture Report, a "nation of laws," President Obama will heed the calls now being made by the ACLU, Human Rights Watch and even by The New York Times to appoint a special prosecutor who would investigate the crimes the CIA allegedly committed at the behest of Cheney et al --- crimes that appear as heinous and more so than those that were inflicted upon my father and his fellow civilian inmates during World War II...

Incredibly enough, it's been ten years this month since we broke the story about vote-rigging software whistleblower Clint Curtis. It was certainly the biggest story we'd broken up until that time, in December of 2004, and, for some, it is still the story we may be best known for.

That's not surprising as it involves election fraud, touch-screen voting systems, Florida, a powerful Congressman, the Bush family, Chinese spies and several disturbing deaths.

For those not familiar with it, you can find a quick summary here. The index of most of the key articles in our years-long series, beginning with our 12/6/2004 exclusive on Curtis' sworn affidavit can be found at BradBlog.com/ClintCurtis. (And, yes, if you're looking for the horrifying NSFW "crime scene photos" of the main death involved in this case, those are here.)

In short, Curtis was a software programmer from Oviedo, FL who claimed in a sworn 2004 affidavit and then sworn testimony before members of the U.S. House Judiciary Committee, that he was asked to create a vote-rigging software prototype for touch-screen voting systems back in 2000 by then Rep. Tom Feeney (R-FL), a very powerful Republican in the Sunshine State and a close friend of the Bush family. At the time, Curtis worked for a company named Yang Enterprises, Inc., which had many contracts with NASA and the state of Florida. In 2000, when he says Feeney asked him to create the vote-rigging software, Feeney was both the Speaker of the FL House, as well as a registered lobbyist for Yang. Feeney would also go on to great ignominy due to his dealings with Republican uber-lobbyist Jack Abramoff.

There is much much more to this story, much of which was also eventually told in Murder, Spies and Voting Lies: The Clint Curtis Story, an award-winning documentary film by Patty Sharaf. It includes spying for China and at least two deaths in addition to the vote-rigging allegations, but I'll let you explore it all via the links above and/or in my all-new interview with Curtis from this week's KPFK/Pacifica Radio BradCast

As it's been 10 years since we broke the initial story, it seemed a good time to get caught up with Curtis, reminisce a bit about the original story (and his eventual, gutsy, and at times hilarious campaign to run against Feeney for the U.S. House), as well as find out what he (and Feeney) have been up to since then --- even as we've been almost-continuously reporting on new developments in the case over the years since we originally broke the story in late 2004.

I gotta say I enjoyed this interview with Clint --- it was great to catch up with him --- and I hope you will too.

Download MP3 or listen online below...

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It's difficult to know where Rightwingers are now when it comes to the release of today's remarkable, horrifying, redacted 528-page executive summary [PDF] of the U.S. Senate Intelligence Committee's 6,000-page report on Bush-era CIA torture.

"Torture never happened!," they used to say. Then, "Okay, it happened, but it wasn't torture!" Then, "Okay, torture happened, but it was necessary!" Now, "This report is just meant as a distraction from America's real problem: ObamaCare!"

You get the idea. So did legendary syndicated cartoonist and blogger Tom Tomorrow (aka Dan Perkins), and he's been covering it with brilliant, dead-on satire for years. With the release of the Senate report, almost a decade in the making, we're posting a few very-much-related Tom Tomorrow toons from over the years below, as self-selected by Perkins on Twitter today.

"It's not as if we've learned nothing in ten years," he tweeted. "In a 2004 cartoon, I still had to explain what 'waterboarding' was."

And, as he also made clear, none of what we are learning today is ultimately a surprise. "Presumably if the cartoonists knew about it, the White House did as well."

They did indeed, as a glance at these toons from over the years makes clear yet again...

On this week's KPFK/Pacifica Radio BradCast I was joined by investigate journalist and author Greg Palast to discuss his disturbing report on the GOP's secret "Interstate Crosscheck" database and the hundreds of thousands of voters it may have knocked off the rolls this year.

PLUS: A flashback to my interview with then 25-year old paralyzed Iraq War veteran turned anti-war activist Tomas Young at "Camp Casey" in Crawford, TX in August of 2005. It was Young's first national interview proceeding his story being told on CBS 60 Minutes in 2006 and in Phil Donahue and Ellen Spiro's documentary Body of War in 2007. During the interview, Young (who had driven 13 hours from Kansas City on his honeymoon, despite unceasing pain) describes the tragic story of how he was wounded during a rescue mission in an unarmored truck in Sadr City; how and when he turned against Bush's war; we joke about BBQ in Missouri and more; and then hatch a (successful) plot to bring his story to national attention.

After years of demanding accountability for the Bush/Cheney Administration war criminals, Young died earlier this week just before Veterans' Day and just weeks shy of his 35th birthday.

Download MP3 or listen online below...

On Monday, President Barack Obama, both in a surprisingly clear written statement and video-taped announcement (posted at end of this article), called upon the Federal Communications Commission (FCC) to adopt "bright-line" rules that would ensure an "open and free" Internet via the concept of "net neutrality" --- a concept that would, in the President's words, ensure there "are no gatekeepers deciding which sites you get to access. There are no toll roads on the information superhighway." Anything less, the President proclaimed, "would threaten to end the Internet as we know it."

Though oversight similar to that called for by the President resulted in a record number of public comments (99% in favor) to the FCC, predictably, the President's announcement drew harsh reactions not only from the handful of corporations which could profit from those Internet highway tolls, but from their Republican allies. Following Obama's comments, Sen. Ted Cruz (R-FL), for example, quickly denounced "net neutrality", if somewhat cryptically, as "Obamacare for the Internet."

Republican opposition would amount to little more than public grousing, however, if, in accordance with the President's recommendations, the five Obama-appointed FCC Commissioners (only three can be of the same party) carefully craft new regulations that "reclassify Internet service under Title II of...the Telecommunications Act," a reclassification that would undo the damage wrought by the Republican George W. Bush-appointed FCC Commissioners in 2002.

The question for now is: Will they?...

I am incredibly saddened to learn, on Veterans' Day of all days, of the death of Tomas Young, a 34-year old Iraq War veteran turned unapologetic peace activist, paralyzed from the chest down, whose heart-breaking story I played a small role in helping to bring to the national stage back during the extraordinary summer of 2005...

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

Recently, the attorney for U.S. District Court Judge Mark Fuller (Middle District of Alabama) described the incident where the federal judge was arrested and charged for beating his second wife bloody in an Atlanta hotel room in early August as overblown.

This week, his attorney went further in describing allegations that Fuller similarly beat his first wife as little more than "nonsense" and "gossip".

Also this week, Fuller's most famous "victim", former Alabama Gov. Don Siegelman (D), has finally spoken out about the entire sordid business.

Fuller's Alabama attorney Barry Ragsdale says that it was only after the release of a video showing an NFL superstar knocking out his then-fiancée in a hotel elevator in Atlantic City that people began to care in the least about a federal judge who, according to the police, repeatedly struck and kicked his second wife Kelli and dragged her around the hotel room by her hair.

"It got caught up in the Ray Rice and NFL scandals, and it's gotten lumped into a category of domestic violence that I don't think it belongs in," Ragsdale said in his attempt to marginalize the incident on behalf of his client, according to the Montgomery Advertiser. "There was not a beating, kicking or slapping in this instance," he says.

Really? Is that the case? Well, aside from the wife, the police and the evidence at the scene suggesting otherwise, let's review the audio from Kelli Fuller's 911 call again to help determine if Ragsdale's claim is credible.

Since the audio, as we originally posted it here last month, was buried inside of a longer video segment from Chris Hayes' MSNBC show, we've taken the liberty to pull out just the audio from the call itself, as played on MSNBC, to put it into its own standalone video for easy reference. Here ya go...

Really, Mr. Ragsdale? No "beating, kicking or slapping in this instance"? The 911 audio evidence strongly suggests otherwise, as did the lacerations and bruises reportedly found on Kelli Fuller's face and legs, the hair found on the floor in the room, and the blood discovered in the bathroom when police responded at the Ritz-Carlton.

We wonder if Fuller, a 2002 George W. Bush lifetime appointee to the federal bench (unless he resigns or is impeached by Congress) with a record for failing to recuse himself when presiding over trials of political opponents, would be impressed with the audio evidence from the 911 call and the testimony of police if it was presented in his court room.

In any event, Ragsdale went on to describe the reaction from the public and the calls for the federal Judge's resignation and/or impeachment from the entire Alabama Congressional delegation (including both of the state's U.S. Senators and all five Congressmen and women), the state's Governor, senior federal judges, and all sorts of newspapers from Alabama (here, here and here) to Washington D.C. as merely "overblown"...

California Congressman Duncan D. Hunter (R) is in the middle of an amusing kerfuffle after claiming that he was told by unnamed U.S. Border Patrol agents that "ISIS is coming across the southern border," and will soon be "bombing American cities [after] coming across from Mexico." Most disturbing, he also said that while several of the Islamic terrorists had already been nabbed by federal agents, more have most likely slipped through and are amongst us even now!

"I know that at least 10 ISIS fighters have been caught coming across the Mexican border in Texas," the Congressman told a dubious Greta Van Susteren on Fox "News" earlier this week. Though those 10, luckily, were taken into custody, Hunter added, "you know there's going to be dozens more that did not get caught by the Border Patrol."

The Dept. of Homeland Security, however, has denied the claim, calling it "categorically false, and not supported by any credible intelligence or the facts on the ground." The Mexican Embassy has similarly disputed it. Politifact investigated the matter, before describing it as "incorrect and ridiculous" and rating it a "Pants on Fire" lie. And now other Republicans are being forced to grapple with how and whether to back up their colleague or not.

Nonetheless, Hunter Jr. is sticking by his alarming claim.

But this is hardly the first time a California Congressman named Duncan Hunter went on record, on television, during the heat of a campaign to simply make shit up about scary aliens sneaking across the border to come into our country and undermine our very way of life.

As The BRAD BLOG highlighted in 2007, Hunter Jr.'s father, now-retired Rep. Duncan Hunter Sr. --- who held the same Congressional seat his son holds now --- offered a similarly outrageous and apparently bald-faced lie while pretending to run for President that year.

Then, as now, Republicans were in the middle of attempting to enact disenfranchising Photo ID voting restrictions in the lead up to the election, akin to the very same ones blocked by the Supreme Court in WI and struck down as discriminatory and an "unconstitutional poll tax" by a federal judge in TX last night.

During a PBS-sponsored Republican Presidential debate that year, in response to a panelist's question, Hunter the Elder offered a blatant whopper about non-citizens "being round up [and] herded into the polls" to vote, claiming, with no apparent evidence to back him up whatsoever, that "we've seen that in California" in past elections.

Like Boy Hunter's recent claim on Fox "News", Father Hunter's response to debate moderator, Atlanta Journal-Constitution's Cynthia Tucker, appears to have been simply made up out of (nearly) whole cloth...

On Thursday morning, the ACLU filed an Emergency Application to Vacate [PDF] with the U.S. Supreme Court to vacate a Sept. 14, 2014 stay of a U.S. District Court ruling that had, before the stay, permanently blocked enforcement of a Republican-enacted, Wisconsin photo ID voting law.

The civil rights organization argues that the emergency ruling is needed to prevent mass disenfranchisement and electoral chaos during the upcoming Nov. 4 election. It asks that the Court "leave that injunction in force pending the Seventh Circuit's issuance of a decision on the merits."

As the District Court judge had found, before his decision was overturned by a partisan ruling at the Appellate Court level, Wisconsin's attempted restriction on the voting rights of legally registered voters poses a real and present danger that some 10% of the Badger State's duly registered electorate will likely be prevented from voting in the rapidly approaching November 4 election.

The District Court's injunction had been stayed as a result of a deadlocked court, in which five bipartisan members of the ten-judge U.S. 7th Circuit Court of Appeal described in a Sept. 29 Opinion [PDF] as a "brazen" and "shocking" disregard of both precedent and the right of the minority to vote. That "shocking" position had been advanced by the attorneys representing Republican Gov. Scott Walker and first accepted by an all-GOP, three-judge panel that had issued an extraordinary, 11th hour decision to vacate the lower court's injunction.

The case now poses an enormous test for at least two key Justices on the high court. Will Chief Justice John Roberts and Justice Anthony Kennedy adhere to the very principles they signed on to when they joined the plurality opinion authored by former Justice John Paul Stevens in the landmark 2008 SCOTUS decision in Crawford v. Marion County Board of Elections? That case upheld Indiana's Photo ID law against a "facial" challenge solely because, in the words of the plurality opinion, there was no evidence before the court at the time to prove anyone would be disenfranchised or that their right to vote would be unduly burdened by the law.

In signing onto Steven's lead opinion, both Roberts and Kennedy agreed that election laws, including photo ID voting restrictions, are subject to the Anderson/Burdick test. That test mandates that courts, on a case-by-case basis, measure a law's potential damage to voters' right to vote against the specific claims made by the state as to why such additional burdens and restrictions are necessary. Given that the state has offered no legitimate reason for potentially disenfranchising as much as 10% of Wisconsin's lawfully registered voters, Roberts and Kennedy cannot refuse to lift the stay without a total abandonment of principle...

A bit of encouraging voting news came out of North Carolina on Wednesday, believe it or not. We'll see how long it lasts.

By way of a 2-1 decision and a lengthy Opinion [PDF] on Wednesday, a three-judge panel on the U.S. 4th Circuit Court of Appeal ordered U.S. District Court Judge Thomas J. Schroeder, a George W. Bush appointee, to issue a preliminary injunction to prevent the State of North Carolina from implementing two provisions of a sweeping election "reform" bill.

The court sharply criticized the lower court's ruling that previously allowed the law to move forward as is, despite the likelihood of a disproportionate effect on minority voters in the Tar Heel State.

The BRAD BLOG described the bill in question, when it was passed by the GOP legislature last year, as "the nation's worst voter suppression law since the Jim Crow era." The law includes virtually every restriction on voting --- shortening early voting hours, ending same-day registration, implementation of disenfranchising polling place Photo ID restrictions and much more --- ever attempted by Republicans across the country over the past decade. The legislation was, quite literally, rammed through the state's Republican-controlled legislature, with no period for public comment or debate, just one day after a sharply-divided U.S. Supreme Court gutted the heart of the Voting Rights Act in the Summer of 2013.

The majority opinion at the 4th Circuit was highly critical of Schroeder's analysis in the case. They described it as "flawed," containing "grave errors" and "plainly wrong" on the law. The court found that the District Court judge abused his discretion in refusing to issue a preliminary injunction that would prevent implementation of two provisions of the state's H.B. 589.

In their decision, the three-judge panel's majority also offered significant interpretations of Section 2 of the Voting Rights Act (VRA), that, if ultimately upheld, could minimize the damage wrought by the gutting of Section 5 by the U.S. Supreme Court last year...

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

UC Irvine law professor Rick Hasen says this development, which he describes as coming from the "Irony Dept", is just "too delicious".

Leslie Rutledge, the Republican candidate for Attorney General in Arkansas, has been discovered to have been registered to vote in multiple states in addition to Arkansas, and even voted by absentee ballot in Arkansas' general election in November of 2008 --- after she had registered to vote in Washington D.C. [PDF] in July of the same year.

According to the Arkansas Democrat-Gazette, Rutledge has now been removed from Arkansas' voting rolls by the Pulaski County Clerk, after he confirmed that she was registered to vote in D.C., and possibly Virginia. The removal from the rolls may also lead to her ineligibility to be elected to office.

Rutledge's Arkansas absentee ballot request form for the 2008 general election is here [PDF]. And, indeed, her subsequent voter registration form from Virginia is here [PDF].

"For the AG candidate of the party who likes to scream about voter fraud to be registered in two (or three) places at once is ironic and amusing on its own," writes Matt Campbell of Arkansas' "Blue Hog Report", which was on this story from the jump.

"However, the bigger implication is Article 19, section 3, of the Arkansas Constitution," he adds, which states: "No persons shall be elected to, or appointed to fill a vacancy in, any office who does not possess the qualifications of an elector." If Rutledge is not registered in Arkansas, she no longer "possess[es] the qualifications of an elector."

But, believe it or not, none of that is the actual ironic part that Hasen was referring to in his piece on this today. Yes, it gets even more ironic!...

On this week's BradCast on KPFK/Pacific Radio...

• Latest developments in the case of Alabama's wife-beating, lifetime-appointed, Republican U.S. District Judge Mark Fuller (pictured above on left): Calls for accountability gain traction, CREDO posts petition for impeachment, horrifying 911 audio and disturbing 2012 documents concerning domestic abuse of previous wife (and children!)

• Bizarre twist in the 2012 GOP Voter Registration Fraud Scandal: Yet another arrest, and Nathan Sproul (pictured above on right), the highly-place, now-discredited GOP operative who headed up the firm at the center of the scandal, threatens The BRAD BLOG with legal action after our 2012 reporting was confirmed by a two-year Florida law enforcement investigation!

• Also, a hint as to why we were excused from jury duty last week; why we don't cover "O, Mighty ISIS"; breaking news in a longtime Scott Walker (R-WI) recall investigation; and his supporters now threatening Democratic voters; and, as usual, Desi Doyen with the latest Green News Report on Climate Week 2014...

Download MP3 or listen online below...

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Well, this is an interesting turn of events. It includes a bizarre twist that even we would not have foreseen, involving a Republican operative who is now threatening legal action against us for reporting (accurately) on his companies' relationship to voter registration fraud and deceptive voter registration practices during the 2012 election and in previous cycles.

Remember that massive, multi-state GOP voter registration fraud scandal just before the 2012 election? The one that started in Palm Beach, Florida, spread to several different counties, then several different states? The scandal resulted in the Republican National Committee firing the Arizona firm they had secretly hired for millions of dollars to carry out voter registration drives and get-out-the-vote efforts in a bunch of key swing-states, including Florida, North Carolina, Virginia, Nevada and Colorado in advance of the Presidential Election.

The firm at the center of the RNC scandal was named Strategic Allied Consulting. It was created and run by Nathan Sproul, a notorious Arizona-based Republican operative with a checkered past, who ran Republican voter registration drives and other on-the-ground GOP activist campaigns. Sproul's name was not used in the legal filings which created Strategic Allied Consulting in advance of the 2012 election, due to his various companies facing voter registration fraud allegations and criminal investigations in a number of states going back as far as the 2004 Presidential election. Because of that unfairly tarnished background, Sproul claimed when the 2012 scandal first surfaced, the RNC didn't want his fingerprints on the operation. The RNC was dodgy about the issue, but fired Sproul and his firm in several states once the scandal came to light, despite having paid millions of dollars for the effort.

The BRAD BLOG broke a number of stories related to the RNC scandal at the time, including details on the very first reports of "hundreds" of fraudulent registration forms turned in to the Palm Beach County, FL Supervisor of Elections after they were collected by Sproul's workers and turned in by the local Republican Party.

In the same series of articles, we also exposed the deceptive (and perhaps illegal) registration scheme employed by Sproul's firms in states where they operated. The scheme involved registration workers trained to pretend to be pollsters asking voters who they planned to support in the Presidential election. If they answered the question correctly (Romney) Sproul's workers would help them register to vote. If the unsuspecting citizen answered the "survey" question incorrectly (Obama), the workers would wish them a nice day, and then move on to the next target.

As we documented with video, email and other records at the time, including admissions by Sproul himself, his firm used this same deceptive tactic in state after state and in a number of recent election cycles.

Now, a two-year Florida Department of Law Enforcement (FDLE) investigation has finally wrapped up into the 2012 allegations in that state. It has led to yet another arrest of one of Sproul's workers, found no evidence of conspiracy by the company in that state, confirmed The BRAD BLOG's reporting on their deceptive registration technique, and sent Sproul scurrying to threaten us via email (posted below) with a lawsuit...for something...