Well, it just makes sense. Republicans aren't actually running on anything in 2014 other than "Democrats are no good! Also, Obamacare!"

As Jesse LaGreca points out, however, "50+ repeal votes, a SCOTUS decision and a Presidential election, still no GOP alternative to Obamacare, just trolling & BS."

So, it's not much to run on. But that's okay. The Rs have an advantage this year thanks to the D's huge wins in 2008, leaving Dems with much more territory to defend this year in the U.S. Senate. More importantly, while Republicans have little or no policy initiatives to actually run on --- or, at least, few they'd like to mention out loud --- they don't really need to. The Koch Brothers are so desperate to see Republicans back in power, and all the swell goodies that come with it, they are unleashing everything they can to simply buy their way back into greater control of our nation's once-of-the-people, by-the-people, for-the-people government.

At the same time, unfortunately, Democrats aren't running on much more themselves. "We're not crazy Republicans!" may be true, but it doesn't give American voters much to vote for, especially while the Kochs are outspending outside Democratic-leaning groups 10 to 1 so far this year. So it all makes sense that with the Kochs' money running this year in lieu of actual Republicans with policies, Democrats seem to be set on simply run against the Kochs. That appears to be the plan. Or, at least the one that's working for them so far, according to Dave Weigel at Slate today:

So, running against The Koch Brothers brings in three times as much money as running on...whatever else the Dems have been trying to run on so far this year.

It'd be nice if the Democrats gave voters something concrete to vote for. It might even solve their oft-cited problem of D voters not turning out for mid-terms. Why should they, after all? That's not a criticism, that's an actual question. Why should voters turn out? What are they supposed to be voting for?Democrats might want to start thinking about offering a concrete reason or three. But, in lieu of that, running against the two privileged sons of an oil baron who are willing to spend as much of their father's hard-earned money as they need to in hopes of buying the United States whole hog will have to suffice, apparently. In 2014, with few, if any, policy promises (so far) presented to voters, Koch is it.

Unfortunately, for every dollar raised by the Dems, the Kochs can just cut a check for three or ten more. So, if you'd like to start questioning the Democrats' 2014 election strategy, now would be a good time.

You also might want to ask them why they aren't doing much more to fight against the madness unleashed by the infamous Citizens United in 2010 and the way that Republicans (particularly the Kochs and Karl Rove) have gamed every last inch of whatever scraps are left of campaign finance law in this country. Come to think of it, a hard promise to pass laws to effectively overturn Citizens United and restore campaign finance enforcement at the FEC would be just one concrete policy that Americans might actually turn out to vote affirmatively for. And, Democrats could beat up on the Kochs all they like in the bargain. Win-win! So, of course, Democrats probably won't do it.

Republicans enjoy pretending to be "tough on terrorism". But, as with most things they pretend to be, they are not. If they actually were, they'd have sprung into action long ago to deal with the massive infrastructure vulnerability of our antiquated nationwide power grid.

As the Federal Energy Regulatory Commission (FERC) warned some time ago, as per a secret memo recently revealed by Wall Street Journal's Rebecca Smith [subscription req'd], the entire nationwide grid could be brought down by an attack on as few as 9 of the nation's 55,000 electrical substations during a heat wave. Knock out a transformer manufacturer at the same time and the power --- nationwide --- would stay collapsed "for at least 18 months, probably longer".

The former chairman of FERC has suggested a solution, which may (partially) explain Republican interest in ignoring the matter entirely: distributed solar power.

Of course, after Smith's report, the U.S. government is not angry at the lack of action to protect against the vulnerability. They are mad at Smith for reporting it, even though she withheld key details.

The entire issue became even more critical recently, after last April's "mysterious and sophisticated sniper attack" on a substation in San Jose, CA.

Desi Doyen of The BRAD BLOG's Green News Report explained the entire mess while guest hosting last Friday's The Young Turks...

During last Tuesday's Green News Report, we briefly discussed the U.S. Senate "all nighter" on climate change, where 28 Democrats and 1 Republican (Inhofe, the GOP's "Denier-in-Chief" who stuck around long enough to mock the effort) stayed up all night making speeches calling for climate change action in hopes of drawing attention to the issue.

We mocked it ourselves a bit, suggesting that Democrats might have carried out such a stunt during the day, instead of in the middle of the night when most people were asleep, if they really wanted folks to notice. In the meantime, our friend Kenny Pick of Turn Up the Night has been slogging through CSPAN's 17-hour video posting of the session and sends us a clip that caught his eye.

In it, Sen. Sheldon Whitehouse (D-RI), co-sponsor along with Sen. Barbara Boxer (D-CA) of the Senate #Up4Climate event, focuses a laser light on the U.S. Supreme Court's infamous 2010 Citizens United decision as a turning point --- a very bad one --- for climate change denialism, specifically on the flip-flopping by Republicans on an issue they actually did once appear to care about...

If you didn't happen to see what happened Tuesday on the U.S. Senate floor [full video/transcript here] when Sen. Dianne Feinstein (D-CA) unleashed a stunning 38-minute speech excoriating the CIA for spying on U.S. Senate Select Committee on Intelligence staffers' work on a 6,300-page report detailing torture by the Bush-era CIA, you'll want to listen to this week's BradCast.

Even if you did see what happened on Tuesday, you should tune in to this week's show, as I suspect you'll get details on the various plots, cover-ups and related schemes that you haven't yet heard. I was joined to discuss the mess with our old friend Marcy Wheeler, the encyclopedic national security expert from Emptywheel.net and now Senior Policy Adviser at The Intercept.

She's been tracking this since at least 2009, and we went through the remarkable timeline beginning with Bush's "Enhanced Interrogation" torture program just after 9/11, through the CIA's attempted cover-up, shredding of videotapes and removal of documents from the Senate staffer's computers, on up to yesterday's explosive comments from DiFi and the implausible denials from CIA Chief John Brennan (and the calls for criminal charges by both parties) which Wheeler and others are now describing as a bona fide "Constitutional Crisis".

This is an extraordinary story. It's Spy v. Overseer; CIA v. U.S. Senate; Executive Branch v. Legislative Branch; DiFi v. Brennan; Hypocrisy v. Reality; Torture & Cover-ups v. Rule of Law & Constitution. And it all could, as Mother Jones' David Corn argues, very well "undermine the basis for secret government" itself.

In the second part of the show, we covered several much more encouraging news items from the past several days, as well as the latest Green News Report. Buckle up and enjoy!

Download MP3 or listen online below...

Last year, as we reported at the time, California Republicans who sought to sabotage the roll-out of the Affordable Care Act, sent out deceptive mailers to constituents at taxpayer expense directing them to a fake "Obamacare" website.

This year, picking up on the idea that duping the public (committing fraud) is the key to their success, the National Republican Congressional Committee (NRCC) was recently found to have created at least eighteen websites built to appear to support Democratic candidates while, in actuality, using the sites to fund raise against those same candidates.

The website seen in the graphic above, for example, appears to support Arizona Democratic Rep. Ann Kirkpatrick's re-election bid --- unless you are very careful to read the fine print. The site, AnnKirkpatrick.com, "might greet visitors with a welcoming photo of the Arizona congresswoman and a screaming 'Kirkpatrick for Congress' logo, but that design belies its true agenda," according to the Los Angeles Times. That agenda, they say, includes duping supporters of Democratic candidates into donating towards their defeat --- a tactic, which, the non-partisan Campaign Legal Center's senior counsel Paul S. Ryan describes as a "slam dunk" violation of Federal Election Commission (FEC) Rules.

As we've recently been reporting, however, "slam dunk" violations of federal campaign finance laws and FEC rules are anything but a "slam dunk" when it comes to their actual enforcement by the FEC...

Almost three weeks ago, all three of the major Sunday network news shows --- NBC's Meet the Press, CBS' Face the Nation and ABC's This Week --- allowed very powerful elected officials, such as Sen. Dianne Feinstein (D-CA) and Rep. Mike Rogers (R-MI), to come on the air and claim, without evidence, that they'd seen "clues" suggesting former NSA contractor turned whistleblower Edward Snowden was, somehow, a Russian agent.

The officials were required to offer absolutely no evidence for their extraordinary claims on the three major broadcast networks. Snowden was subsequently forced to strongly rebut the scandalous charges, which are apparently straight out of the Nixon/Cold War era playbook.

While that sort of wholly substance-free red-baiting is now perfectly appropriate, seemingly, on network "news" shows, it's similarly remarkable that it seems those very same networks, and most of the others, obsessed with unsubstantiated bullshit claims about Snowden, failed to even note a full-length, detailed, substantive videotaped interview with Snowden on Germany television's ARD almost two weeks ago on January 26th.

Interestingly, on the ARD website, where the exclusive interview was originally posted, a note on the page explains cryptically: "Due to legal reasons the video is only available in Germany." Huh. So it can't be watched there from here in the U.S. Okay. So, here's the full interview as posted at LiveLeak...

Please decide for yourself if he's a "Russian agent", as based on his comments here and the actual public evidence that exists (none) to support the defamatory claims of the very powerful elected members of Congress. The entire interview is interesting and as fascinating as he is.

I'm not sure if it offers a lot of new information, in regard to Snowden's leaks (as he notes several times during the conversation, he's leaving it to the journalists to decide what is newsworthy and what isn't from amongst the documents which he reportedly no longer even has), but there's one section I wanted to underscore, as it's something we've discussed here for many years. Namely, the dangers of privatizing our national security/surveillance state, which he speaks to very directly in the interview...

I've been looking back at some of our most noteworthy stories over the years, in the course of reflecting on The BRAD BLOG's 10th Anniversary.

As I was digging into the archives, I was reminded again that while many folks know us for our coverage of election integrity issues, voting machine problems, whistleblowers, etc., it was our scoop about a story concerning the George W. Bush White House in the lead-up to the 2004 President Election that was our first to "go national" and have a direct effect on the national political discourse.

It was before we had even begun digging as deep as we eventually would on the e-voting beat, and the fallout from the story itself resulted in national pick-up by the MSM, pressure on officials and questions at White House press conferences, an academic study (years later) and, the most fun part, the Bush White House eventually being forced to spend what must have been an enormous amount of man hours restoring date to the White House website in the week before the actual election that year...

With Brad Friedman...

After a recent three-to-three decision by a partisan-deadlocked Federal Elections Commission (FEC), Karl Rove may have thought he was off the hook for federal campaign finance violations by his Crossroads GPS organization. Two non-profit, good government groups, however, feel differently. Last Friday, they filed a federal lawsuit [PDF] against the FEC in hopes of forcing the agency to reverse its ruling, revisit the complaint against his group's 2010 electioneering, and to enforce federal campaign finance rules as specified by law.

Late last Friday, Attorneys from the non-partisan Campaign Legal Center and the Public Citizen Litigation Group filed a civil complaint against the FEC in U.S. District Court in Washington D.C.

The suit seeks to reverse what the plaintiffs describe as an "arbitrary" and "capricious" decision by the three Republican FEC Commissioners, in contradiction of the advice of their own staff attorneys, to dismiss the administrative complaint the groups had filed against Rove's organization. That administrative complaint charged that Rove's group violated federal campaign finance law during the 2010 election cycle.

The votes by the three Republican FEC Commissioners effectively quashed any further official investigation into the allegations that Rove's group violated the Federal Election Campaign Act of 1971 (FECA) when it spent the majority of its money during the 2010 election cycle on electioneering, but failed to register as a "political committee" with the FEC, as required by law. Their decision to shut down the investigation came after what the FEC's own staff attorneys found to be a likely violation of the federal campaign finance law.

By dismissing the administrative complaint and shutting the door on the investigation, the Republican FEC Commissioners not only allowed Rove to keep, as a secret, the identity of donors of tens of millions of dollars used to support Republican Congressional campaigns in 2010, but effectively offered Rove carte blanche to conceal donor identities with respect to monies spent in subsequent elections, such as the 2012 election cycle in which Crossroads GPS "spent at least $71 million on federal campaign activity," according to the newly filed federal complaint.

The plaintiffs charge that the FEC's deadlock was the result of "an impermissible interpretation of FECA," and the agency's own published guidelines due to an "abuse of discretion" by the Republican commissioners in a manner that was "otherwise contrary to law"...

In the lead up to this Sunday's Super Bowl XLVIII, an advocacy group calling itself SackNFLTaxBreaks.org announced its formation "to sack the National Football League's anti-fan behavior, its nonprofit tax-free status, as well as the overall government subsidization of the league."

Co-founded by "New Orleans Saints fan Lynda Woolard" and Ryan Rudominer, "a proud shareholder of the Green Bay Packers, the NFL's only publicly owned team," the group says it hopes to "bring together supporters from associations, nonprofits, unions, corporations, government, journalism, think tanks, academia, the law, and leading advocacy organizations from across the political spectrum."

Their advocacy, to date, is largely built upon a petition launched last year by Woolard calling on Congress to revoke the non-profit, tax-exempt status of the National Football League. Her petition, so far, has obtained more than 300,000 signatures.

On their home page, the group notes that "Despite making $10 billion annually in profits, and paying Commissioner Roger Goodell a whopping $29.5 million dollars-a-year (15 times more than the nonprofit tax-free league gives to charity), the NFL receives a billion dollars annually in government assistance."

The NFL is a separate entity from the individual teams in the league, which do pay taxes. At least two U.S. Senators, Oklahoma Republican Tom Coburn and Maine independent Angus King (who caucuses with the Democrats), have recently "started a push to end" the NFL's non-profit status.

While the movement to end the NFL's special tax breaks is relatively new, the issue of corporate welfare via professional sports has been the subject of previous, blistering critiques...

As we wait with bated breath for tonight's State of the Union address, either my food poisoning is still making me loopy, or I remember this SOTU as if it was yesterday...

...or, probably both.

[Hat-tip @RubinReport]

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IN TODAY'S RADIO REPORT: Surprise! Second toxic chemical also contaminating WV's water supply; Texas homeowners don't care for fracking earthquakes; Southern leg of Keystone XL pipeline now open for business; Score one for the Arctic - court setback for Shell's Arctic Adventure; PLUS: Full speed ahead for L.A.'s first-ever outdoor pro hockey game --- in a record heat wave... 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): Obama: Fossil fuels are here to stay; Targets of climate hate mail rally to support one another; Coal terminals and climate chaos: is this the future we want?; WA State moves on its own to stop ocean acidification; How Oil Drilling Is Like the "Civil Rights Revolution"; Extreme El Nino events to double ... PLUS: Big Green to Obama: "All of the above" a compromise we can't afford ... and much, MUCH more! ...

[A version of this article has now been cross-published by Salon...]

A number of unhappy "good government" groups will file a lawsuit against the Federal Election Commission next month, in hopes that the courts will force the FEC to enforce the federal campaign finance laws that the FEC is, supposedly, there to enforce.

The organizations are particularly unhappy about Karl Rove's Crossroads GPS "behemoth" outfit, which has raised hundreds of millions over the last several years to elect Republican candidates to office, recently receiving a pass from the FEC, even after the agency's Office of General Counsel found reason to believe Rove's group clearly violated campaign finance laws.

The news about the groups' intention to file suit was offered on the KPFK/Pacifica Radio BradCast this week by my guest, Craig Holman, the Government Affairs Lobbyist for Public Citizen's Congress Watch. Public Citizen, along with the Campaign Legal Center, Center for Media and Democracy, and Protect Our Elections filed the initial complaint over campaign spending in 2010 by Rove's then new non-profit 501(c)(4) organization. They now plan to sue the FEC for failing to do their job, Holman explained on the show on Wednesday. [Disclosure: Protect Our Elections is a campaign created by VelvetRevolution.us, an organization co-founded by The BRAD BLOG, though we weren't personally involved with either the complaint or the upcoming suit.]

"What's happened with the Federal Election Commission is," Holman explained during my interview [posted in full at the end of this article], Senator "Mitch McConnell [R-KY], back in about 2008, realized that even though he can't get Congress to rescind campaign finance laws --- and he certainly can't sell the public on rescinding campaign finance laws --- he realized that if he were to appoint three Republican Commissioners to the FEC, he could ensure that the campaign finance laws don't get enforced. And that's exactly what has happened." Holman detailed how three-to-three deadlock votes on whether to pursue further action in most of the campaign finance rulings by the three Democratic and three Republican Commissioners on the FEC has increased "nine-fold" since 2008. A deadlock vote effectively ends the matter, even if wrong-doing had been found by the investigative staff, as is the case here.

In the original complaint against Rove's Crossroads GPS, the FEC's Office of General Counsel (OGC) found that the group had spent a majority of its funding on campaigning in 2010. If so, that's a violation of the law, since Rove's group should have filed with the FEC as a political committee, rather than as a 501(c)(4) which is supposed to be a non-electioneering "social welfare" organization. As a political committee, funders would have to be immediately disclosed, but as a (c)(4), the identity of those funding Rove's organization can remain a secret....

Proving once again that he is neither the radical reformer the Right pretends that he is, and that the non-Right had hoped he would be, President Obama attempted to conservatively thread an impossible needle in his speech today [full transcript] calling for a number of reforms to the government's current, sweeping collection of the private telephone data of Americans who are in no way related to terrorism investigations.

Once again, while ignoring many of the recommendations offered by his own special commission convened to make such recommendations for reform of NSA surveillance and other intelligence gather techniques, Obama is trying to split the baby and, in doing so, appears to be gaining the great admiration of...largely no one.

During a speech at the Dept. of Justice on Friday, he announced what he described as "a series of concrete and substantial reforms that my administration intends to adopt administratively or will seek to codify with Congress." Those reforms are, in fact, a series of limited changes that, almost all honest brokers agree, would never have happened were it not for the historically-important leaks by former NSA contractor turned whistleblower Edward Snowden. The President side-stepped what should have been "thanks" offered to the now federally-charged fugitive forced into political asylum in Russia.

"Given the fact of an open investigation, I'm not going to dwell on Mr. Snowden's actions or his motivations," the President said, before taking a shot at him by referencing the importance of "the fidelity of those entrusted with our nation's secrets" and "the sensational way in which these disclosures have come out." Those disclosures, of course, led to this moment and these reforms, however meager and/or cosmetic they may turn out to be. "Regardless of how we got here though," Obama continued quickly, in hopes of marginalizing the facts of Snowden's contributions to the reality of the moment.

Since he was not given his proper due this afternoon by the President himself, it fell to the Huffington Post's front page splash today to offer exactly that...

Over the years, whenever I chat with one of my neighbors (who happens to be gay) about various issues of marriage equality in the news, the state of Utah inevitably seems to come up as the conversational worst-case-scenario stand-in for the dying status quo.

"It'll be interesting to see what effect the new Supreme Court ruling in the Windsor case will have across the country," I might say. "Will a gay couple who were married in California, for example, suddenly stop receiving their federal recognition and marriage benefits if their job requires that they must move to, say, Utah, for their work? Will the courts stand for a couple receiving full federal recognition in one state, but allow that recognition to be removed simply because they moved to another? That doesn't seem either legally or Constitutionally sustainable...Even in a state like Utah."

Welp, guess we now have our answer to that speculation at least, and much more specifically than any of us might have thought over the past year or three, now that a federal judge yesterday found Utah's state constitutional ban against gay marriage to be in violation of the U.S. Constitution. Some 30 other states currently have similar laws or state constitutional bans on equality for all.

"The court holds that Utah's prohibition on same-sex marriage conflicts with the United States Constitution's guarantees of equal protection and due process under the law," Judge Robert J. Shelby (an Obama appointee) wrote in his 53-page ruling at the U.S. District Court for the District of Utah, Central Division. "These rights would be meaningless if the Constitution did not also prevent the government from interfering with the intensely personal choices an individual makes when that person decides to make a solemn commitment to another human being."

I guess I'll have to find another "Utah" for purposes of neighborly speculative conversation about equal marriage rights legal issues. The Deep South states like Mississippi or Alabama might have seemed like good candidates. But between the fairly clear, conservative --- and surprisingly early --- holiday message sent by Judge Shelby in the Utah case yesterday (which is, of course, being appealed by the state, but that will fail soon too), and the awesome message from this Daily Show video from last month, I suspect we'll be running completely out of status quo states all together pretty soon. Or, at least, we'll have 50 status quo states...

"True the Vote" (TTV), the Orwellian-named Republican "voter fraud" front group with a long and sordid history of deception and fraud won't take 'no' for an answer. Release the hounds.

The group has filed a formal notice of appeal [PDF] of U.S. District Court Judge Nelva Gonzales Ramos' recent refusal to permit TTV to intervene as a party defendant in the U.S. Justice Department's (DoJ) federal legal challenge to SB-14, the Texas polling place Photo ID statute.

Judge Ramos found that the interests of the organization --- which masquerades as an "election integrity" group in order to actually advocate for voter suppression --- were already adequately represented in the lawsuit by the state of Texas itself.

As they were filing their notice of appeal, the disgraced GOP "voter fraud" front man, Hans von Spakovsky --- who also just happens to serve on the "advisory board" for TTV --- challenged the court's rejection of the groups Motion to Intervene in an article published at the right-wing National Review. His work there, as usual, represents a masterful example of deception, dishonesty and well-remunerated cherry-picking. That is, apparently, what Hans von Spakovsky does for a living.

He is amongst good friends in the Republican Fraud community this time out...