No time to detail this one for the moment, as I'm preparing to guest host the nationally-syndicated Mike Malloy Show tonight, so I'll just link to TPM's breaking coverage for the moment. I'll almost certainly have more to say on this on the show tonight, but for now, it looks like we've got still more good news this Christmas!

The Dept. of Justice has denied preclearance [PDF] of the South Carolina GOP's new polling place Photo ID restriction law, finding it was likely to disenfranchise voters, particularly minority voters, as "the state’s own statistics demonstrated that the photo identification requirement would have a much greater impact on non-white residents, DOJ said in a letter to the state on Friday," according to TPM.

The racial disparity seen by the DoJ is similar to the hardships, from such laws, to students and elderly voters (you know, the ones who tend to vote for Democrats, which is why the GOP is instituting these voter suppression laws in the first place.)

The GOP has long used the lie about an an epidemic of "voter fraud" by voter impersonation at the polling place, though they have failed to document virtually any instances of it. Nonetheless, they've been using such false claims to institute these types of laws around the country after Republicans took over a number of state legislatures in 2010. States that are covered by Section 5 of the Voting Rights Act of 1965 must receive preclearance for such laws before they can be enacted, given the history of racism in the covered jurisdictions.

The BRAD BLOG's own crack legal analyst, Ernie Canning, detailed the concerns that the DoJ had about the disenfranchising affects of the law back in September, noting that they seemed to be signaling at the time that preclearance would be unlikely, given many serious flaws in the state law.

A final decision on DoJ preclearance is still pending in Texas where the agency has also indicated they are likely to reject the new Photo ID laws. Meanwhile, in states not covered by Section 5, such as Wisconsin, it's fallen to non-governmental organizations, such as the ACLU, to challenge the new laws in the court system, as they did earlier this month.

All of this follows on Indiana's first-in-the-nation Photo ID restriction law, approved by the U.S. Supreme Court in 2008. Ironically enough, yesterday in the Hoosier State, the Republican Secretary of State Charlie White, now facing seven criminal felony counts, including three of them for voter fraud, was ordered removed from his post by a circuit court judge who found he was not eligible to vote or be on the ballot at all in 2010. The judge has ordered White be replaced by the second-highest vote-getter, Democrat Vop Osili. Our coverage of that incredible "White Christmas" story is right here.

It's most definitely turning out to be a "White Christmas" for Democrats in the Hoosier State this week!

Some remarkable news late today. Finding he was not eligible to be a candidate on the ballot in the November 2010 election, a Marion County Circuit judge has ordered Indiana's Republican Sec. of State Charlie White removed from office and replaced by his Democratic challenger Vop Isili, the second highest vote getter in that election.

The order comes as part of a civil suit brought by the state Democratic Party which has long charged, both before and ever since the election, that White was not eligible to be a candidate on the ballot.

Judge Louis Rosenberg's ruling today overturns a previous determination by the Republican-majority Indiana Recount Commission, which had initially dismissed the Dems contest, but then took it up again after being ordered to do so by the court. The Recount Commission --- on which White himself is a member, though he recused himself from this case --- had found in a unanimous 3-0 decision that White was eligible to serve. Today's decision overturns that Commission's ruling and is likely to be challenged at a higher court.

Separately, White still faces seven criminal felony charges, including three of them for voter fraud, related to the fact that he did not live at the address where he was registered to vote in the 2010 election. As he was not a properly registered Indiana voter, he was not eligible to be a candidate on the ballot, Rosenberg has ruled. Moreover, at the time of his election, White was a member of the Fishers Town Council --- a town in which he no longer lived since separating from his wife and moving out of her house, where he remained registered to vote, several years earlier. Democrats charge he retained his registration at the house so that he could continue to collect his salary as a Council Member.

Since divorcing his wife White had remarried and purchased a condominium in a different town, but claimed the reason he stayed registered at his former wife's house was because he had hoped to move back some day. The Indiana Recount Commission accepted that explanation. The Marion County Circuit judge, apparently, did not.

The stunning turn of events, along with additional bad news that White received earlier this week in his separate criminal case, where he is facing seven felony charges, all serves to highlight no small amount of irony in the Hoosier State, where the first polling place Photo ID restriction law to pass U.S. Supreme Court muster, under the disingenuous claim of fighting "voter fraud", has been used as a model for similar laws across the country ever since. The ruling, if it is not overturned on appeal, could also turn out to have very far reaching consequences on all Republican officials statewide...

Today on my show on Pacifica Radio's KPFK in Los Angeles, I spent the first part on a "Republican War on Democracy" update.

The update kicked off this week with the latest details in the story of Indiana's new Republican Sec. of State Charlie White who is facing seven felony charges, three of them for voter fraud, as yesterday, the Indiana Recount Commission found (incredibly enough) that though White was registered at his ex-wife's house to vote (rather than his own) and had re-married and purchased a condominium, he actually hoped to someday move back into the ex-wife's house. Therefore, he wasn't illegally registered to vote, so he was not illegally on the ballot, so he gets to remain as Indiana's Secretary of State. So sayeth the Indiana Recount Commission.

The Democrats who filed the complaint with the commission may still decide to take the case to court where, in the meantime, White is still facing those seven felony violations. (Did I mention that three of them are related to voter fraud?)

As well, I offered a quick review of all of the other recent high-profile GOP vote fraudsters, such as Ann Coulter, Gov. Mitt Romney, Ambassador Jon Huntsman and Rep. Todd Akin, and the latest news on which states' GOP-fueled voter-suppressing polling-place Photo ID restrictions have been passed into law, and which ones have been thankfully stopped by gubernatorial vetoes.

Also, there was a remarkable statement by Ohio's new Republican Sec. of State John Husted against Photo ID disenfranchisement recently! He deserves big props for that!

That part of the show is here:

Download MP3 or listen online below [appx 15 mins]...

In the second part of the show, I was joined by Tyson Slocum, director of Public Citizen's energy program. He's an expert on the dangers and pitfalls of nuclear power and other fossil fuels. We discussed the unprecedented floods threatening the Fort Calhoun and Cooper nuclear plants in Nebraska; the wildfire threats to New Mexico's Los Alamos nuclear site; the woeful state of nuke plants across the country (as detailed of late in Jeff Donn of AP's remarkable investigative reports here, here, here & here); and the fact that there seems to be absolutely nobody at the federal level of our government able or willing to do a damn thing to protect the citizens from the looming and growing dangers.

My interview with Slocum (and a shot at climate change denying Rep. Steve King (R-IA)) is here:

Download MP3 or listen online below [appx 14 mins]...

As a new report from the Council on American-Islamic Relations (CAIR) [PDF] is released today, documenting a rapid rise in U.S. Islamophobia and asserting that anti-Muslim rhetoric in this country has doubled between 2009 and 2010 for some odd reason, I'm reminded of one of my favorite calls from the past week sitting in as guest host of the nationally syndicated Mike Malloy Show on radio.

"Josh", a Right-leaning caller from Madison, WI and a self-identified "civil" and "very fair" person was incredulous that Wisconsin's new voter-suppressing polling place Photo ID restrictions would actually disenfranchise any voters, since they would have a year, he said, to get themselves one if they didn't already have one.

Most telling, though, was the way "Josh" --- a seemingly nice guy, but one who has been used and abused by the folks on the Right who are playing him for an idiot --- began his call explaining what a fair person he was because, as he informed me, he "used to have a Muslim co-worker" with whom he was able to "sit and talk". They even "used to be able to debate" without, presumably, the Muslim co-worker trying to blow him up or, I guess, vice versa!

Here's my amusing/distressing conversation with "Josh" from the Tuesday, June 21 Mike Malloy Show. [Appx 4.5 mins]...

Sigh...

By the way, here's some information on those 80- and 90-year old nuns turned away from the polling place in 2008 for lack of Photo ID, as I mentioned in reply to "Josh" during the call. And here are the remarkable hoops those nuns, and everybody else in Indiana, must now jump through in order to keep their vote from being completely thrown out if they don't happen to have an Indiana-issued Photo ID on Election Day.

Ironic, all of that, particularly in light of Charlie White, Indiana's new Republican Sec. of State (charged with overseeing the state's election laws), who is currently facing 7 felony indictments, 3 of them for voter fraud, which, curiously enough, were not detected or deterred by Indiana's draconian, voter-suppressing, polling place Photo ID restrictions. But, I guess, he's not a 90-year old nun, a student, or a WWII veteran.

Guest blogged by Ernest A. Canning

Having failed to prevent Tuesday's scheduled hearing before the Indiana Recount Commission on a Democratic Party complaint that he was illegally registered to vote at the time he declared his candidacy and thus, ineligible to have been elected as Indiana's Sec. of State, Charlie White has filed a motion [PDF] to compel a grant of 'use immunity' in exchange for his and his wife's testimony before the commission.

Separately, White is facing seven felony counts, including three for voter fraud related to his having been registered to vote at a house where he did not live, while serving as a member of a town council in a town where he also didn't live. Trial in that criminal case is scheduled to commence on Aug. 8. The two special prosecutors assigned to the case have declined to provide the Whites with use immunity --- with good reason. They no doubt want to avoid what happened to the Iran/Contra independent counsel when, for example, an appellate court ruled in United States vs. Col. Oliver North that a grant of use immunity to North shifted the burden to the independent prosecutor to "demonstrate an independent source for each item of evidence or testimony."

Granting use immunity to White would make the job of the prosecutors in the criminal case that much more difficult.

White need not testify to the Recount Commission, where he is entitled to invoke the 5th Amendment. He and his wife are attempting to present testimony, however. Granting use immunity for that testimony (which is not likely needed in order to show that he had not been lawfully registered to vote at the time he declared his candidacy) would likely undercut his felony trial. That may well be White's interest in providing such testimony and seeking a grant of use immunity before the commission.

[UPDATED: Late Friday, the IN Supreme Court denied White's motion to stay the Recount Commission hearing pending the outcome of the criminal case. Early today, a Marion County Circuit Court judge denied White's motion to compel a grant of use immunity. Since anything the Whites say could be used against the couple in the criminal case, it is likely that both will invoke their 5th Amendment privilege if called to testify before the Commission tomorrow.]

White is one of several very high-profile Republicans recently facing allegations of voter fraud, though the only one currently facing criminal indictment...

Indiana's Republican Governor Mitch Daniels will not be able to appoint a replacement for the recently elected Secretary of State Charlie White, who is currently under indictment for seven felony counts, three of them --- ironically enough for the state's chief election official --- for voter fraud.

On Wednesday, we updated the sad story of White, who is facing both a criminal complaint after being indicted by a grand jury as well as a civil complaint brought by state Democrats. The basis for both cases is tied to evidence that White used his ex-wife's residence for his voter registration and then knowingly voted at the wrong precinct (including for himself in last November's election), all while illegally serving on the Fishers Town Council despite not living in the town of Fishers.

We initially covered the White story last month after the new Secretary of State was indicted, detailing the ever-growing list of top Republicans --- which now includes both GOP superstar Ann Coulter and Utah's former governor and possible 2012 GOP Presidential hopeful Jon Huntsman among others --- who are alleged to have committed felony voter fraud and voter registration fraud. The charges against White play out against the irony of the GOP's oft-echoed but ever-unsubstantiated charges of a "Democratic voter fraud" epidemic, claimed as a propaganda tool to support new voter suppression laws at the polling place. Indiana's own polling place Photo ID restrictions, instituted in 2008, are regarded as the most draconian and disenfranchising in the nation --- although they didn't serve to keep White from illegally voting.

In our story earlier this week, we explained that White --- who has refused to resign amidst the scandal --- and the state Republican Party have been doing their best to slow-walk both the criminal and civil cases, in hopes of running out the clock until the state legislature could pass a law allowing Gov. Daniels to appoint a new Sec. of State to replace White. Existing law, the Democrats argue, requires that the top vote-getter legally on the ballot in last November's election be named to the post. In this case, that would be the Democratic nominee Vop Osili.

But it now appears that Republican state legislators have all but given up hope for such a law to be passed in time to save the day, and the judge assigned to the civil case has once again this week denied a request by White to stall the case further...

Last month we reported on the seven felony counts charged against Indiana's newly elected GOP Secretary of State, Charlie White. Three of the charges are related to voter fraud by White, the chief election official in the state with the most draconian polling place Photo ID restrictions in the nation. (Indiana's law, approved by the Rightwing U.S. Supreme Court in 2008, has already resulted in unknown numbers of disenfranchised voters, including 90 year-old nuns, elderly veterans, and untold numbers of otherwise-legal student and minority voters --- the real target of such GOP voter suppression schemes disguised as "ballot integrity" laws.)

White represents just the latest in a series of high-profile Republican voter fraud cases --- including recent allegations against Utah's former governor, Jon Huntsman, a potential 2012 Presidential hopeful, and, of course, GOP voter fraud queen Ann Coulter --- most of whom have found some way to get off the hook entirely.

White was charged by a grand jury of, among other felonies, having been registered to vote at an address where he did not live in the town of Fishers, where he previously served (apparently illegally) on the town council, and then knowingly voting in the wrong place last November as he ran to be Sec. of State. White may, or may not, be as lucky as fellow GOP voter fraud scofflaws like Huntsman and Coulter, even as his friends on the State Republican Committee seem to be doing all they can to help him run out the clock in various ways, as revealed this week during new legal volleys in both the criminal and civil complaints against White...

What do GOP superstar Ann Coulter, the head of the GOP's California voter registration firm Mark Anthony Jacoby, and, as of yesterday, Indiana's newly elected GOP Secretary of State Charlie White all have in common? Unlike the four-decade old community organization ACORN, each of the Republicans appear to have committed voter fraud and/or voter registration fraud.

Coulter's well-documented acts of voter fraud and voter registration fraud took place in 2005 in Palm Beach County, FL, and were preceded by likely acts of voter fraud in Connecticut in 2002 and 2004 as well. Jacoby's voter registration fraud in CA led to his 2008 arrest and subsequent guilty plea. And now White, the new chief election official in IN, the state with one of the most draconian voter suppression polling-place Photo ID restriction laws in the nation, has been charged with three counts of voter fraud (as well as additional counts of perjury, financial institution fraud, and theft), just two months after being sworn in last January, for having lied about his address when he voted in last year's GOP primary...