While Congressional Republicans are busy filing a lawsuit against President Obama, in a purported attempt to bring accountability for...failing to enforce the law...or something, Republican Commissioners on the Federal Elections Commission (FEC) are going to extraordinary lengths to avoid enforcing the law.

In the bargain, its GOP Commissioners are railing against their fellow Democratic Commissioners for attempting to bring accountability for actual violations of federal campaign finance law, turning the facts of the case on its head, and publicly attacking their colleagues as "strident" obstructionists, eschewing the rule of law.

Yes, it's another breathtakingly twisted chapter from the unending Partisan Wars of 2014, although a rather important one with potentially far reaching consequences for the nation, as those paying attention might notice --- though few seem to be...

This week's KPFK/Pacifica Radio BradCast is chocked full of important news and insightful analysis that actually matters and that you simply won't hear anywhere else.

Among the items covered on the show this week:

• Today's mass stabbing at a PA high school; How it stacks up against recent mass shootings; and what Archie Bunker might have to say about it;
• Emmy award-winning journalist, media activist and BRAD BLOG contributor Sue Wilson of the Media Action Center joins us to discuss the FCC's surprising recent vote to de-consolidate corporate TV outlets; The millions minted for mainstream media by the Supreme Court's McCutcheon decision; Her FCC complaint, due to be heard soon, with potential broad consequences, over whether rightwing talk radio campaigning in Wisconsin leading up to the Scott Walker recall was "bonafide news", or whether it violated federal law and/or the Zapple Doctrine.
• The new Heart Bleed bug and how that massive, newly discovered Internet security vulnerability further underscores the insanity of Internet Voting (and the various elected officials and candidates calling for it.)
• Good news rulings in the DoJ's federal challenges to polling place Photo ID restriction laws passed by Republicans in TX and in NC, as reported recently by The BRAD BLOG's legal analyst Ernie Canning.
• Bill O'Reilly's personal hypocrisy knows no bounds (wait until you hear what he said about Tesla in 2011 and then in 2014), as Desi Doyen joins us for that and the latest Green News Report.

And all of that in less than an hour! That oughta hold ya until next week!

Download MP3 or listen online below...

P.S. While you're listening, please consider donating to The BRAD BLOG so we can continue to afford to keep bringing you this kind of news, programming, journalism and analysis. We really need your support these days to keep going. Thanks in advance!

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"...

[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....

At the beginning of last month, The BRAD BLOG explained in detail why it was that, no matter who South Carolina's 100% unverifiable touch-screen voting systems declare to be the winner of tomorrow's special election for the U.S. House, there is virtually nothing that either supporters of Elizabeth Colbert Busch (D) or of former Gov. Mark Sanford (R), can do about it.

If there are questions about the results, too bad. The state of SC doesn't care. They don't want citizens to be able to oversee their own elections. The results will be 100% unverifiable as determined in secret by computers --- at least for those votes cast on election day at the polls, versus those cast on paper via absentee ballots.

The voting systems in use on Tuesday, as we noted in our previous article, will be the same ones which inexplicably declared the unknown, unemployed, non-campaigning Alvin Greene to be the Democratic nominee for the U.S. Senate over the veteran state legislator and former circuit court judge Vic Rawl back in 2010. That race shouldn't have even been close. It was thought to be Rawl's in a rout, prior to the results being announced by the computer voting systems, which had a different idea.

Tomorrow's election, however, despite the 1st Congressional District having gone for Romney over Obama in a big way in 2012, is believed to be very close, according to pre-election polls.

When we wrote our April article, Colbert Busch (Stephen Colbert's sister) was seen to be barely leading the disgraced Sanford, in what was described by Public Policy Polling (PPP) as "a toss up" at the time...

[UPDATED at bottom of article following GOP primary run-off.]

When Stephen Colbert's older sister, Elizabeth Colbert Busch (D), faces her likely opponent, former Gov. Mark Sanford (R), in the May 7th U.S. House special election in South Carolina, it will all take place, once again, on the state's oft-failed, easily-hacked, always 100% unverifiable touch-screen voting systems. [NOTE: Unfortunately, despite today's date, this post is not an April Fools joke.]

The candidate announced as the "winner" of that election, based on those unverifiable voting systems, will either be the one who received the most votes from SC voters in the 1st Congressional District --- or the one who didn't. There will never be any way for anybody to know for sure one way or the other.

For that matter, after Sanford faces off with Curtis Bostic in Tuesday's Republican primary run-off election for the nomination, neither candidate will be able to know for certain whether they've actually won or lost that election either. This is South Carolina "democracy" in 2013 (and in at least one third of the country elsewhere.)

To make matters still worse, the state's Legislative Audit Council (LAC) has just released a new official report on those failed voting systems. Unfortunately, the report includes a enormous flaw which, when I pointed it out to Perry K. Simpson, Director of the LAC on Friday, his response was: "I see your point"...

President Barack Obama may have voted for Mitt Romney yesterday when he cast his Early Vote at the Martin Luther King Community Center in Chicago's 4th Ward. Nobody knows for sure. Even him.

He cast his vote on a 100% unverifiable touch-screen e-voting system made by Sequoia Voting Systems (which is now owned by a Canadian firm named Dominion Voting.) It is scientifically impossible to ever know if his vote was recorded accurately, as per his itent, or not on that type of voting system.

"I can't tell you who I voted for," the President joked, as noted by our colleague Mark Crispin Miller in a short blog item today wryly headlined "Obama votes for Romney". The President's joke may not have been nearly as funny as he had intended it.

We confirmed with the Chicago Board of Elections that Early Voters in the Windy City must do so on the oft-failed, incredibly-vulnerable, and easily-hacked (see below for details) Sequoia AVC Edge touch-screen voting system which is still used according to VerifiedVoting.org's database for Early, Disabled-Accessible or Standard polling place voting in some 234 jurisdictions across all or part of some 13 states, including Arizona, California, Colorado, Florida, Illinois, Louisiana, Missouri, New Jersey, Nevada, Pennsylvania, Virginia, Washington and Wisconsin.

On Election Day, the Board's Communication Director told The BRAD BLOG, voters are allowed to vote on their choice of either paper ballots (also tallied by Sequoia's incredibly faulty computer tabulators --- the same ones which announced losing candidates as "winners" in 3 different elections in Palm Beach County, FL earlier this year) or Sequoia's 100% unverifiable AVC Edge touch-screens.

The Intellectual Property of those Sequoia systems is still a proprietary trade secret owned by a Venezuelan firm named Smartmatic, which has been tied to the country's long-time President Hugo Chavez. That point was lied about by Sequoia's then CEO Jack Blaine when he was asked directly about it by a Chicago Alderman some years ago, as The BRAD BLOG detailed exclusively back in 2008.

Sequoia has since been purchased by the Canadian firm Dominion Voting, which also subsequently lied about the company's Intellectual Property being owned by the Chavez-tied company when they announced their takeover of Sequoia in 2010. Dominion confirmed as much when we called them on it after their announcement. And, yes, we are still the only ones to have reported that as well.

A few other quick points of note which should deeply concern every voter in the nation --- of any party, or none at all --- about the 100% unverifiable Sequoia touch-screen voting systems that the President foolishly entrusted yesterday to accurately record his vote...

[This article now cross-posted at Salon...]

The Republican Party of Florida's top recipient of 2012 expenditures, a firm by the name of Strategic Allied Consulting, was just fired on Tuesday night, after more than 100 apparently fraudulent voter registration forms were discovered to have been turned in by the group to the Palm Beach County, FL Supervisor of Elections.

The firm appears to be another shell company of Nathan Sproul, a longtime, notorious Republican operative, hired year after year by GOP Presidential campaigns, despite being accused of shredding Democratic voter registration forms in a number of states over several past elections.

According to the Center for Responsive Politics, Strategic Allied Consulting has been paid some $667,000 this year by the FL GOP, presumably to run its voter registration campaigns in the state. That number, however, does not account for another identical payment made in August. The Palm Beach Post is reporting tonight that the firm received "more than $1.3 million" from the Republican Party of Florida "to register new voters."

The firm is not only tied to the FL GOP, but also to the Mitt Romney Campaign, which hired Sproul as a political consultant late last year, despite years of fraud allegations against his organizations in multiple states.

Moreover, the firm is also reportedly operating similar voter registration operations on behalf of the Republican Party, to the tune of hundreds of thousands of dollars, in a number of key battleground states this year, including North Carolina, Virginia and Colorado. Strategic Allied has recently taken steps to hide their ownership by Sproul's notorious firm, Sproul & Associates.

Palm Beach County Supervisor of Election Susan Bucher confirmed to The BRAD BLOG late this evening that she turned over 106 suspicious voter registration applications to the Florida State Attorney during a meeting yesterday afternoon in Palm Beach, after the "questionable" applications were submitted to her office by a worker for Strategic Allied.

The forms were said to all have similar signatures, changed addresses and party affiliations, and other defects which appear to have all been done by the same hand.

The case emerging in Florida tonight mirrors a similar incident reported earlier this year when more than a thousand fraudulent voter registration forms were discovered to have been turned in to the Sacramento County, CA Registrar of Voters by a group hired by that state's Republican Party.

But that's not the only similar case, as a massive GOP voter registration scheme, which appears to involve the upper-echelons of the national party, begins to emerge...

Late last week, Scott Keyes at ThinkProgess reported on a "Majority Victory for Voting Rights Advocates as California Legislature Approves Election Day Registration".

The new EDR law, which is, as Keyes reports, "on the cusp of passing", is expected to be signed by Gov. Jerry Brown (D) and would, indeed, be a victory for voters in the Golden State.

According to the NYU's Brennan Center for Justice, "Election Day registration boosts turnout by approximately 5–7 points in those states that allow eligible citizens to register on Election Day --- with a decreased dependence on provisional ballots and without any reported increase in voter fraud."

If passed and signed as expected, however, the law --- a welcome expansion to the franchise amidst recent draconian Republican efforts to restrict voting rights --- would not take effect until 2015 or later, according to Dean Logan, the Registrar-Recorder/County Clerk for Los Angeles County, the largest voting jurisdiction in the nation.

"The bill's implementation is tied to completion of the Vote Cal statewide voter registration database; which is a ways off," he told The BRAD BLOG on Friday. Logan says he is "Generally...supportive of the bill and to expanding access and options for voters," though he notes that "L.A. County has not taken a formal position on it."

While the new law will, no doubt, be a net plus for voters here in California, and for the pro-democracy movement across the country over all, there are a few other issues with the way the law has been written which might make it slightly less of a plus for voters than apparent at first blush, as Logan helped us to understand...

Well, this sounds familiar, and for good reason...

The summary above comes from ThinkProgress' Alex Brown who offer a hat-tip to Salon's Alex Seitz-Wald who opens his report this way:

The entire matter echoes back to our initial 2004 exclusive on then Republican software programmer turned whistleblower Clint Curtis who had filed a sworn affidavit charging Florida Republican Tom Feeney had asked his company, Yang Enterprises, Inc. (YEI), to create a vote-rigging software prototype in 2000.

At the time of his alleged meetings with Feeney, Curtis says the Congressman --- who had been Jeb Bush's Lt. Governor running mate in 1998 before becoming Speaker of the FL House and one of the most powerful elected officials in the state by 2000 --- discussed methods that he said the Republican Party had in place to "reduce the black vote" in the 2000 Presidential election.

According to the December 6, 2004 affidavit [PDF] filed by Curtis, just days before he would testify to a U.S. House Judiciary Committee panel...

New paper ballot optical-scan computer tabulator systems used to tally millions of votes in New York --- as well as "swing states" such as Florida, Ohio and Wisconsin --- do not tally votes correctly. That stunning admission comes courtesy of a new report released by the private company which manufactures, sells, services and programs the systems which are now believed to have mistallied tens of thousands of ballots in New York in 2010.

The votes of more than ten million voters could be affected by a newly revealed failure in the voting systems set for use in those four states in this year's Presidential election, and in more than 50 different jurisdictions in Wisconsin during next month's historic recall elections.

Election Systems & Software, Inc. (ES&S), the largest e-voting machine company in the U.S. and the maker of the paper ballot op-scan tally systems in question, have confirmed that their systems may overheat when used over several hours (for example, during an election!), and that they then may mistally and/or incorrectly discard anywhere from 30% to 70% of votes scanned by the machines.

The only way to know that a hand-marked paper ballot had been mistallied by the system would be to examine the ballots by hand to assure that the computer had read and recorded the voters' selections correctly.

The New York Daily News editorial board --- which has been persistently forcing the issue on state Election Officials who initially ignored massive mistallies discovered in the South Bronx during the state's 2010 election --- reports on ES&S' confirmation of the latest failure in a story headlined "We told you so: Newfangled voting machine screwed up". Their article today begins this way...

Earlier this year, the newspaper discovered --- through public records requests for the paper ballots in a single precinct in the South Bronx --- that the ES&S model DS200 op-scan system had failed to count some 70% of paper ballots correctly in the 2010 primary election. In that November's general election, some 54% of the ballots were mistallied at the same precinct.

The result, as confirmed by ES&S, tens of thousands of perfectly valid votes may have gone uncounted, while thousands of "phantom votes" in races that voters hadn't intended to vote in at all were counted as valid votes.

The Daily News characterizes the initial response by election officials in NY, after the paper had discovered the massive failures, as "a statement of severe psychological denial."

All of the above likely sounds very familiar to long-time readers of The BRAD BLOG, where we are considering changing the name of our news site to "We Told You So: Newfangled Voting Machines Screw Up," as a tip of the hat to the NY Daily News, and to better reflect a great deal of our nearly 10 years worth of content here.

Unfortunately, the latest example of secret vote-tallying computers made by private companies failing to accurate tally our once-public elections, is not only affecting New York. Moreover, the failure isn't isolated to the ES&S model DS200 paper ballot optical-scan system. As we've reported here for years, and on a number of recent occasions over just the past few months, similar failures have been discovered in other states and on other similarly designed paper ballot optical-scan systems.

If you think that simply because you are not forced to vote on a 100% unverifiable touch-screen voting machine that your ballot will be counted and counted accurately this year, think again...

Former Republican U.S. Senate candidate and 'Tea Party' favorite Joe Miller is no stranger to flawed election processes in Alaska. The BRAD BLOG strongly supported Miller's attempt to receive a hand-count of questionable results in his 2010 race against Democrat Scott McAdams and victorious Republican write-in candidate Sen. Lisa Murkowski.

The experience left him understanding, as he writes in a statement given today to the progressive Alaska blog The Mudflats, that "the integrity of elections is one of the bedrocks of our nation" and "a non-partisan issue, critical to the survival of our Republic."

We've been in touch with Miller ourselves, both during his own election contest, offering advice on how his campaign might achieve oversight of the results that were tallied only by Diebold optical-scan computers (either accurately or inaccurately, who knows?), and at various times in the months that followed. Last September, Miller linked from his own website, to our exclusive on the findings by Argonne National Laboratory that Diebold systems can by hacked by remote control with little more than an 8th grade computer science education and about $10 to $25 in electronic parts.

Now the frequently far Right politician is ringing in on the recent election disaster in Anchorage, which we detailed here last month, after a ballot proposition to extend anti-discrimination measures to the LGBT community was set to win by big margins according to a conservative pollster [PDF] just before the election, but ended up "losing", according to the Diebold op-scan systems, by an even greater margin for reasons which still remain a mystery...

Guest Editorial Series by Ernest A. Canning

Even a glimpse at the statistics leads knowledgeable sources, like Ethan Nadelmann, founder and executive director of the Drug Policy Alliance, to describe the 'War on Drugs' as a "failed prohibitionist policy."

"Over the last 40 years, more than 45 million drug-related arrests have cost an estimated $1 trillion," Amy Goodman reported on Democracy Now! "Yet drugs are cheaper, purer and more available today than ever."

And that's just in the U.S.

According to the United Nations' 2011 World Drug Report [PDF], "in 2009, between 149 and 272 million people...aged 15-64 used illicit substances at least once in the previous year." The UN estimated that Cannabis was "consumed by between 125 and 203 million people worldwide in 2009," adding:

But Nadelmann's description of the 'War on Drugs' as a "failed prohibitionist policy" is derived from the supposition that the 'War on Drugs', at least here in the U.S., was actually formulated with a desire to suppress or eliminate drug abuse.

In PART 1 of this series, we examined the question of whether the U.S. Government's effort to challenge legalization of marijuana in California and elsewhere was akin to shutting down the competition, given the CIA's long-documented history of profiting from the world-wide drug trade. In PART 2 we posited that an end to the 'War on Drugs' could deliver a devastating blow to the bottom line of American corporations who have come to depend upon the Prison Industrial Complex in the U.S. and its huge pool of slave laborers --- most, non-violent drug offenders.

So now, we must examine the hypothesis that, if accurate, should rock us all to our core.

What if the horrific consequences of the worldwide drug trade, which, per the UN 2011 World Drug Report, includes an annual death toll of 200,000, are precisely what President Nixon and the covert branches of U.S. Empire had in mind when formulating a policy that would enhance the domination of the 1% over the 99%? Are we now living in a form of Aldus Huxley's Brave New World in which "Failure is Success" can be added to the three slogans from George Orwell's 1984 --- "War is Peace," "Freedom is Slavery" and "Ignorance is Strength" --- a world in which a vote against legalization is actually a vote in favor of illicit distribution by organized crime and their allies in the CIA?...

Tomorrow (Tuesday), there's yet another "make-or-break" set of Primaries for the GOP establishment's preferred front-runner Mitt Romney in both Arizona and his home-state of Michigan. While pre-election polls suggest Romney's the run-away favorite in AZ, he reportedly has only a marginal lead in MI. Should he lose that state tomorrow, his party, and their nomination process, could well descend into complete chaos (even more so than it already is.)

But here's the good news for Election Integrity fans keeping an eye on the race track for tomorrow's horse race: Both Arizona and Michigan allow all voters to vote on paper ballots at the polling place if they wish. So there's actually something to count that reflects the voters' intent.

The bad news: Rather than count those ballots, the states will run them through oft-failed, easily-manipulated optical-scan computer systems and report whatever it is that the computers announce as "the results."

While many Americans mistakenly place faith in these systems, a report in today's New York Daily News illustrates --- yet again --- how foolhardy that is. And this one is a doozy (yes, yet another one)...

My full story on this is at Salon today. But, here's the skinny.

It looks like Indiana's now-former Republican Sec. of State, Charlie White, who was found guilty of three voter fraud felonies and three other felonies early this month, has now been sentenced.

And it also looks like the old adage --- It's Okay If You're a Republican (IOKIYAR) --- continues to ring true in the Hoosier State. Despite being the top election official in the very first state in the union to institute disenfranchising polling place Photo ID restrictions, Charlie White has gotten off with a slap on the wrist, essentially, for three intentional voter fraud felonies, and the three others he was found guilty of as well.

His sentencing hearing was held last week. He pretended to be contrite before the judge (unlike when he appeared days earlier on Fox "News"), so it turns out he'll serve just one year in home detention for all of his crimes. The sentencing, naturally, has left him "elated."

The fates of other, less Republican, less high-ranking folks however, such as those who were prosecuted with the full force of the federal government during the George W. Bush Administration's unprecedented, if failed attempt to ferret out "voter fraud" crimes, were not quite as lucky. Unfortunately, they were used as fodder to help Republicans push for those polling place Photo ID laws (which would have failed to deter either them or White from committing voter fraud) by Bush's wholly politicized Dept. of Justice.

For folks like Wisconsin's Kimberly Prude and Florida's Usman Ali, to name just two examples of those who were caught in that buzz-saw, and who each committed far less egregious --- far far far less egregious --- crimes than those intentionally committed by White, the legal system was not nearly as kind.

Prude, who tried to rescind her own absentee vote before the 2004 election, immediately after learning from her probation officer that she was not allowed to vote --- despite never having served time in jail and being on felony probation for having passed a bad check four years earlier --- was forced to serve more than a year in prison. Ali, who never even voted at all, had it even worse. He was deported to Pakistan where he hadn't live in more than 10 years, destroying his life in this country for not just himself, but for his American wife and daughter as well.

I tell the whole story --- of White's virtually scot-free sentencing, as compared to Prude's and Ali's --- in my story today at Salon. Please give it a read.

As you might expect, the moral, once again, is: IOKIYAR.