On this week's BradCast on KPFK/Pacifica Radio, I covered both the nation's most extreme voter suppression law in North Carolina (and the facts behind its passage) and the precedent setting verdict in the Bradley Manning case.

But at the heart of it all is something else --- a primal, patriot scream perhaps, as exemplified by the arrest of 83-year old Robert Plummer, Jr. at the state capitol in NC last week (Plummer is a Korean War hero who was also arrested on the Edmund Pettus Bridge with Martin Luther King on Bloody Sunday in Selma, AL during the 1965 march for voting rights, and by the arrests of 80- and 85-year old Joan and Tom Kemble for singing in the Wisconsin state capitol in the same dark week.

The Kembles joined me live on the show to talk about their arrests at the daily sing-along that has been going on every day since Gov. Scott Walker's radical anti-union bill was passed two years ago, and to sing a song or two before their next trip to the pokey for peacefully singing in protest to petition their government for redress of grievances. (Please help all of the WI arrestees pay their legal bills and fines at SolidaritySingAlong.org!)

As usual, there was much more, including Desi Doyen and the latest Green News Report, in between. I hope you'll give it a listen. I think you'll enjoy it.

Download MP3 or listen online below...

It's not only North Carolina which is passing extreme Rightwing laws and then slapping the cuffs on those meddlesome octogenarian war hero delinquents displaying the temerity to exercise their 1st Amendment rights in protest against them.

In Wisconsin, where demonstrators against far Right Republican Governor Scott Walker have been holding a protest sing-along in the state capitol building every single day, without incident, for over two years since the passage of a radical anti-union bill, police have begun to use a similar tactic.

Below is video of Tom and Joan Kemble, the 85- and 80-year old parents of journalist Rebecca Kemble of The Progressive, being hauled away for singing peacefully in the state Capitol last week. Read Kemble's full story here where she notes: "It was awkward to be part of the swarm of journalists crowding around my own parents as the police were closing in on them."

"When Mom was surrounded by cops who were handcuffing the woman next to her and Mom looked her in the eye singing the verse of We Shall Overcome that says, 'We are not afraid,' I burst into tears," writes Kemble. I must admit, so did I when watching the video.

"The courage, care for her friend and incredibly centered and peaceful defiance she showed in the face of the overblown police action was deeply moving," Kemble continued. "And when Mom and Dad were handcuffed and led downstairs singing the words, 'Walker won’t be governor, Walker won’t be governor, Walker won’t be governor someday,' my daughter’s heart swelled with pride."

"So far, seventy-nine Wisconsinites have been arrested and ticketed," at the "Solidarity Sing Along", reports WI native John Nichols at The Nation today, "from 85-year-olds to young moms with kids."

Seriously, what the hell have we come to in this country?!...

[Hat-tip Nicole Desautels Schulte at Facebook.]

UPDATE 8/1/2013: Joan and Tom Kemble were my guests on this week's BradCast. And they even sang for us! Listen here...

The radio industry magazine Radio Ink caught wind of my recent article, "Tell the FCC: Talk Radio is NOT 'Bonafide News'", as published at The BRAD BLOG, (and subsequently reprinted by the Huffington Post.)

As might be expected by an industry with a long track record of willfully misinforming the public, perhaps it is not surprising that Radio Ink --- which bills itself as "Radio's Premier Management & Marketing Magazine" --- would wildly mischaracterize not only the piece I wrote, but the legal underpinnings of the case which is helping to bring the question of what comprises "Bonafide News" to the forefront.

In other words, rather than challenge my actual argument or what I actually wrote or what is in our published legal filings, the unbylined Radio Ink article simply made up a straw man --- she wants to "stifle" and "silence" and "censor" Talk Radio by "government mandate"! --- and then knocked it handily down. That is, of course, what they do in Talk Radio.

Let's start with Radio Ink's first words (I wish I could tell you the author, but he/she remains anonymous): "The Huffington Post is helping the Media Action Center promote the organizations [sic] attempt to stifle the long success of Talk Radio, mainly Rush Limbaugh, and put pressure on radio stations to let them on the air via government mandate."

What a loaded sentence. But let's start unpacking.

Yes, Huffington Post printed my oped on their pages, (as did The BRAD BLOG). Printing well-researched stories is what online news outlets do. But Radio Ink is apparently not an online news outlet, in that sense, so they may not be familiar with how they work. Instead, they insinuate some kind of collusion between my organization, Media Action Center (MAC) and HuffPo. They do it with good cause: they are creating a meme for the entire talk radio industry --- and its helpful sycophant echo chamber on the Right --- to follow. First, they name a left wing bogey man (HuffPo!), then they completely misstate my organization's objective, which is not to "silence" anyone, but rather, to fight to not allow anyone to be silenced over our public airwaves. Finally, they bring forward the oft-repeated, knee-jerk cant that we want a "government mandate" to allow the collective us onto the airwaves --- the airwaves that we all own.

Absolutely none of that is accurate or true, or even close to what my article was about. But that's "talk radio" in written form apparently. Which leads me to ask this: Why does Radio Ink and its followers hate the rule of law?...

President Obama recently nominated Tom Wheeler as the new Chair of the Federal Communications Commission (FCC), the federal agency tasked with protecting the public interest in broadcasting, particularly over our public airwaves.

One of the first questions Wheeler's FCC will have to (reluctantly?) decide: Is Talk Radio the same as "bonafide news"?

More than three quarters of the American public say no, according to Pew Research, and one would think an agency sworn to protect the public interest and its airwaves would agree with that vast majority. But will Wheeler choose to put the public interest first, or will his FCC continue to simply turn a blind eye, as the agency has done since the Reagan administration?

After what we documented last year in Wisconsin, and after official complaints were filed in turn with the FCC about how corporate radio stations there appear to have abused their licensed privilege to broadcast over our public airwaves, that question may finally have to be answered by the federal agency tasked with enforcing the law over those very airwaves...

Where, in Pennsylvania, the state GOP admitted that they are not aware of so much as a single instance in which an ordinary citizen has been charged with, let alone convicted of in-person voter impersonation --- the only form of voter fraud that can be prevented by disenfranchising polling place Photo ID restriction laws --- there have been a growing number of claims that political elites have used a false residence to vote, often to insure their own elections in a district where they do not reside.

On October 2, a Los Angeles Superior Court Judge ordered that "Los Angeles City Councilman Richard Alarcon [D] and his wife will face trial on 23 felony counts of perjury and voter fraud" when the couple allegedly used a false address to both vote and qualify for elective office within LA's 7th district, according to Los Angeles Times. The Alarcons claim they were simply using a second home outside the district while their other home was being renovated.

The issue of false residency voter fraud is neither novel nor limited to Democrats like Alarcon. Indeed, as Brad Friedman has tirelessly documented, the issue of false residency voter fraud amongst high-profile Republicans --- including the GOP's 2012 nominee for President of the United States --- has approached epidemic proportions.

Class, as well as party, may explain the disparity between the ability of the elites to commit false residency voter fraud with near impunity as compared to the harsh impact of Photo ID laws that address a phantom menace as applied to the most vulnerable segments of our society.

Here are just a few recent cases of false residency voter fraud by some faces you will be very familiar with. Only one of them, to date, has faced any sort of actual accountability for their election crimes...

As we noted late last Friday, as the news was just breaking, a WI judge has overturned Republican Gov. Scott Walker's controversial anti-union law which had taken away most collective bargaining rights from most citizens who are employed as public workers in the state. In his ruling, Dane County Circuit Judge Juan Colas found the law to be in violation of both the state and U.S. Constitution and is, barring overturn by appeal at the state Supreme Court, now "null and void."

As is expected in such cases by now, rather than critiquing the ruling itself, Walker immediately attempted to smear the Dane County Judge who issued it as a "liberal activist judge." Nothing new there. When Republicans don't have their way in court, it's always due to "liberal activist judges," even when the courts are not quite activist enough for their tastes in other instances (see their fury after the U.S. Supreme Court refused to overturn "ObamaCare," for instance).

But there was another interesting response to the ruling from Walker and his fellow partisans following the ruling on Friday, which seems to suggest they haven't a clue about how the court system works, how the U.S. Constitution is supposed to work, or even how representative democracy works. Either that, or they simply don't care and feel it's just more important to continue scamming their gullible constituencies then it is to be honest about what actually happened on Friday.

Making matters worse though, not only are they wrong about matters of how democracy and the court system works, they are also wrong on their facts as well, even if they hope nobody will notice...

[Now UPDATED with audio archives below! Enjoy! I did! - BF]

We're back guest hosting the nationally-syndicated Mike Malloy Show once again tonight as Mike and Kathy take another rare night off.

As usual, we're BradCasting LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open, at the bottom of this item, a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight:

• KURT EICHENWALD, contributing editor at Vanity Fair and former reporter for The New York Times on his bombshell NYTimes report this week detailing months of classified briefings given by the CIA to the Bush Administration, warning about an attack by al-Qaeda long prior to 9/11 and on his new book, 500 Days: Secrets and Lies in the Terror Wars.
• STEPHANIE SINGER, former Election Integrity advocate with VotePA.us, now the Chair of the Philadelphia City Election Commission on yesterday's state Supreme Court hearing on the new GOP-enacted polling place Photo ID restrictions which could stand to disenfranchise nearly a million otherwise-eligible voters in the "Birthplace of Liberty" this November.
• DANA SIEGELMAN, daughter of former AL Gov. Don Siegelman who has organized a Presidential pardon campaign for her father, who reported back to federal prison last Tuesday, after his political prosecution at the hands of Karl Rove for something that has never been a crime before in this country. We'll also discuss her bizarre meeting with Karl Rove at last week's RNC, which she guest blogged about earlier this week at The BRAD BLOG.
• PLUS! Breaking news out of WI, the Middle East and much much more in an incredibly busy news week! Along with your phone calls on all of the above over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at our Sante Fe affiliate KTRC 1260, or our Minnesota affiliate KTNF 950 (tell it your from "Minnesota" when asked!) Also, you should be able to listen live at WhiteRose Society if the radio gods are with us.

POST-SHOW UPDATE: Holy cow! Was that a crazy, busy, insane, fast moving show! TONS of breaking news and some great guests. Check all the ad-free archives out below! And read the chat room archives along with it if ya like. Good luck! I need a nap...

Just breaking from AP:

UPDATE: In a series of tweets posted just moments after the verdict was announced by AP, Walker responds to the ruling:

UPDATE 9/15/12: Much more now on the Judge Colas' ruling now from Milwaukee's Journal-Sentinel...

The ballots cast in Waukesha County during the June 5th Gubernatorial recall in Wisconsin appear to be safe from destruction at the hands of one of the nation's most notorious election officials.

For now.

In our exclusive exposé earlier today, we detailed the threat made by the infamous Waukesha County Clerk Kathy Nickolaus to "destroy" the county's ballots from the historic recall election between Gov. Scott Walker and Milwaukee Mayor Tom Barrett, as early as noon today, in apparent contravention of state law. The threat to destroy the ballots was made even as they (and the rest of the ballots cast in the election across the state) are still subjects of public records requests by a number of citizen groups attempting to verify the otherwise completely unverified results of the race by examining the ballots by hand for the first time.

Nickolaus had denied the request by the largest group attempting to oversee the results of the election, and informed the requesters (see our previous article for her full responses): "Unless I receive a court order by noon on Monday, August 13, 2012 directing otherwise, I will proceed to retain or destroy the election materials from the June 5, 2012 Recall election according to state statute and GAB guidelines."

Her arbitrary deadline, the citizen auditors charge is in contravention of state public records statutes requiring 60 days after a request has been denied, before action can be taken. The BRAD BLOG has been able to confirm the legal 60 day requirement with several state officials today. Nickolaus' July 17th denial to grant the requesters access to the ballots means that, by law, she is barred from destroying the public records until at least September 15th.

After our story was published this morning, folks in WI seem to have sprung into action, leading the County District Attorney, the Waukesha County Corporation Counsel (who serves as Nickolaus' attorney) and the state's Government Accountability Board (G.A.B.) to respond with confirmation that the ballots in question will not be destroyed at this time, and were, instead, being moved from the Clerk's office, where they have been since the election, to off-site storage as of this afternoon.

"It would not be proper to destroy such materials at this time," County D.A. Brad Schimel confirmed to The BRAD BLOG late this afternoon, noting that "no records would be destroyed today, nor would they be destroyed until at least 60 days after the denial of the public records request"...

[LATE UPDATE:The recall ballots from Waukesha County have been saved from destruction, for now. Full details posted in our follow-up now here...]

One of the most notorious election officials in the nation may be mercifully retiring at the end of this year, but that hasn't stopped her from attempting to block citizens hoping to oversee the accuracy of their own elections in one of the most right-leaning counties in Wisconsin, following one of the most contentious elections of the year and certainly in state history.

Waukesha, WI County Clerk Kathy Nickolaus had, at one time, after the repeated controversies around her failed administration of several elections, promised to step aside and allow her deputy to administer the June 5th recall elections, only to reverse course weeks later. Now, clearly back in the saddle, she has notified an Election Integrity group which has organized hand-counts across the state, that she was preparing to "destroy" the paper ballots cast in the election before they can be hand-counted by the group, unless she receives a court order to do otherwise by noon today.

She had previously informed the group that she was denying them access to examine ballots on the basis that she found their request to be "overly burdensome" on her office. In her response she also added her personal opinion, for some reason, that she does not "believe the public records law should be utilized for the purpose of allowing citizens to conduct hand recounts of an election, especially one in which there was such a large quantity of votes cast."

Among reasons for concerns about the June 5th recall election results are recent failures by similar electronic tabulation systems, same-day Exit Poll results reported by all of the news networks indicating a much closer race in the contest between Gov. Scott Walker and his Democratic opponent, Milwaukee Mayor Tom Barrett, as well as discoveries that have been made by the group over the past several weeks during their examination of ballots and poll-tapes in several counties.

So far, according to group's organizer, they have been allowed to examine ballots in 10 other counties across the state, with another 15 counties already scheduled for examination in the coming weeks. In a number of those counties, the group has explained to The BRAD BLOG, hand-counted tallies "have differed, sometimes significantly, from the recorded numbers," tallied on Election Night by the computer tabulation systems.

But Nickolaus, as has been her practice during her controversial tenure, appears to be taking a different tack from many of her fellow County Clerks, by denying access to hand examinations of the ballots and, worse, she is now threatening to destroy them entirely, save for a court order and despite provisions in the state law requiring the retention of those public records for at least 60 days after the denial of the request.

Nickolaus' threat to destroy the paper ballots and other elections records, as sent to the organizers of Hand-Count Votes Now! (HCVN) coalition in a series of emails obtained by The BRAD BLOG, flies in the face of state statutes which apply to public records, according to contentions made in response to Nickolaus by the group and their legal advisers. HCVN has been working for several weeks, as have several other organizations, in their effort to count ballots by hand in each of the Badger State's 72 counties in an unprecedented statewide public records oversight project.

The effort, the groups charge, is necessary, given the lack of verification of Election Night computer tallies on systems which have reported incorrect "winners" in the past, as recently as March of this year, when the nearly-identical systems to those used in Waukesha named a number of losing candidates to be the "winners" in Palm Beach County, FL. In that case, it was only a partial post-election hand-count examination of paper ballots by the local Supervisor of Elections which revealed that the computers had gotten the results entirely wrong, leading to a complete hand-count and the results of several municipal elections being overturned as a result...

Now they're concerned about unsealed ballots bags? Really?! Good! But where were they last year?

On the night of Wisconsin's historic June 5th recall elections, The BRAD BLOG detailed how Scott Walker's "win," as reported by the media that night, was completely unverified by any actual human beings to be accurate in any way, shape, or form. Though voters across the state mostly used verifiable hand-marked paper ballots to vote, we explained, almost none of them are actually checked by anybody afterwards to make sure the oft-failed, easily-manipulated computer tabulator systems used across the state actually tallied the results accurately.

That was particularly important given the very same machines used in the Wisconsin recalls had, in other states in the very recent past, tallied results inaccurately (for example, check out what happened in Palm Beach County, FL, just this past March, when the very same system used to tally ballots in Waukesha County, WI, were discovered, thanks to a post-election hand count spot-check, to have named several losing candidates to be the "winners" in several municipal elections.)

The lack of verification of any of the ballots was even more disturbing given the fact that all reports by the mainstream media at the close of polls on Election Night had declared the Gubernatorial recall race to be a "dead heat," as based on raw Exit Polling data that the MSM are allowed to review throughout the day.

The next morning, after John Lehman, the Democratic challenger in the state Senate's District 21 recall election against incumbent Republican Van Wanggaard, declared premature "victory" with just under an 800-vote margin, we opined that Wanggaard should demand a full hand count of all paper ballots, and that Lehman should agree to one in order to assure the person with the most votes was actually the one declared the winner of the race. After all, majority control of the state Senate was hanging in the balance and, in any case, as in the other recall races that day, voters deserve to know for certain who lost and who won any such election, at least if we are to ever see legitimate Constitutional self-governance in this country.

Well, we've got some good news on the District 21 state Senate race, some bad news, and some extraordinarily hypocritical news to report today in our long-overdue update...

Before, during and after last week's historic Wisconsin recall elections, we detailed why there is reason to be concerned about the computer-reported results of the votes cast across the state, even with the majority of those votes having been cast on paper ballots.

In short, the results are, and will remain, 100% unverified unless someone bothers to get a court order.

As we previously reported...

Unfortunately, in Wisconsin, no such post-election hand-examination takes place for any ballots --- at least not without both a recount request and an order from a judge. There are no spot-checks to ensure accuracy, so there is no way to know if the results reported by the computers reflect what the actual voters said in Wisconsin. The reported results are therefore either accurate or they are not. Who knows?

We explained why all of the above means that we cannot know if Republican Scott Walker actually won his gubernatorial recall election anymore than we can know if John Lehman (D) won his challenge against incumbent state Sen. Van Wanggaard (R) in the District 21 state Senate recall on the same day. (If Lehman is certified as the winner, the Democrats will take majority control of the state Senate. Wanggaard should demand a hand count of all ballots. To do so, he needs to file for a recount, and then beg a judge to allow that count to be done by hand, rather by the same machines once again, as is the standard under the WI election code.)

For those who think such concerns are overwrought, if the above instance of op-scan machine failure aren't enough for you, take a look at what happened last week in three different counties in Montana, on the very same day of the recall elections in Wisconsin...

Guest blogged by Sue Wilson

Whatever questions remain about Wisconsin Governor Scott Walker's recall election, there is no question that his campaign was built on big money, the likes of which we've never seen in a gubernatorial campaign before. And where did all that money go? Right into thin air - OUR air.

And as owners of the air - our public airwaves, to be precise - there is plenty we can do to combat the corrosive effect of big money on our elections, by holding our partners in broadcasting, local TV and radio stations, accountable to the communities they serve.

Citizens United, the Supreme Court ruling that the First Amendment prohibits government from restricting independent political expenditures by corporations and unions, is the reason huge amounts of money poured into the Walker camp from third parties like the billionaire Koch Brothers and others, (compared to the relatively paltry sum given to his opponent Mayor Tom Barrett by unions and others.)

As previously noted by The BRAD BLOG:

So the Walker recall gave us the first glimpse at how the infamous Supreme Court ruling will affect campaigns for years to come unless something changes. . There is a large and growing movement now from organizations such as Move to Amend, to amend the Constitution to help put the brakes on the unlimited spending allowed by Citizens United. Such an effort, however, will take years to accomplish, if it ever happens at all.

But what's not being talked about is where most of this unrestricted money goes: about half of all campaign dollars go directly into your local radio and TV stations' wallets --- local broadcast stations which get licensed in the public/private partnership of broadcasting ONLY IF they "serve the public convenience, interest, and necessity."

As to the First Amendment, the Supreme Court has also ruled, in Red Lion v. FCC that "it is the right of the viewing and listening public, and not the right of the broadcasters, which is paramount."

Nonetheless, until Citizens United is changed or overridden in some fashion, things are only going to get worse --- unless we the people do something about it now with a few, still-unused tools that remain at our disposal...

I was on cable/satellite news channel RT this afternoon discussing concerns about the Wisconsin Recall elections. Here's the hit...

For more details on some of the thoughts I offered above, in regard to questions about yesterdays results, please see my article last night on Republican Gov. Scott Walker's reported win, and my piece this morning on Democratic state Senate challenger John Lehman's declaration of victory --- both before any ballots have actually been examined to assure that the all-secret computer tallies were accurate in any way.

Late last night we detailed just some of the reasons why it's impossible to know, short of actually counting the paper ballots by hand in Wisconsin, if Republican Gov. Scott Walker actually received more votes than his Democratic challenger Mayor Tom Barrett or not.

Without both a recount request and a court order for the ballots to be hand-counted, rather than machine-counted yet again, the state of Wisconsin does not manually examine any of its paper ballots to ensure that the flawed, oft-failed and easily manipulated computer optical-scan systems and central tabulators tallied any of them as per the voters' intent.

Well, the same concerns hold true this morning for Democrat John Lehman in his important recall challenge to incumbent Republican Sen. Van Wanggaard in the District 21 state Senate race. His declaration of victory late last night is based on the same completely unverified computer tallies as Walker's was earlier in the evening...