Guest blogged by Ernest A. Canning

A three judge panel of the heavily-Republican 5th Circuit Court of Appeal in New Orleans rejected the Department of Interior's request for an emergency stay of Judge Martin Feldman's June 22, 2010 preliminary injunction [PDF], which prevents enforcement of the Department of Interior's six month moratorium on exploratory drilling on only 33 "of the approximately 3,600 structures in the Gulf dedicated to offshore oil exploration and production."

The panel's two Reagan appointees, Judge Jerry E. Smith, joined by Judge W.Eugene Davis, ruled that the government had failed to demonstrate that it would be irreparably harmed if a decision on whether to vacate Judge Feldman's injunction was deferred until after the appeal was heard sometime around the end of August or early September. Judge James L. Dennis, a Clinton appointee, dissented, noting that he did not believe Secretary of Interior Ken Salazar had abused his discretion in ordering a moratorium, which, per the government's motion is limited to those drilling operations that apply "the same technologies employed by Transocean's Deepwater Horizon...only to waters over 500 feet deep..." Since, under the Administrative Procedures Act, a court cannot overturn an agency decision absent an abuse of discretion, Judge Dennis appears to have concluded that Judge Feldman erred in issuing the preliminary injunction.

Judge Dennis did have a question, however, about the six month length of the moratorium.

While yesterday's ruling does not mean that the panel will ultimately rule against the moratorium, the Justice Department and the attorneys representing a number of environmental organizations in the appeal face a daunting climb given Judge Smith's expression of the usual appellate court deference to the findings of the district court judge --- a climb up an oil slicked slope given the ties between the oil industry and the judges who will decide the moratorium's fate...

While I'm preparing for tonight's Mike Malloy Show --- the last night of my latest week-long guest hosting stint for him --- and working on a story concerning the exclusive news we brought you on a disturbing new break in a years-long election fraud mystery in Pima County, AZ during Hour 2 last night (audio archive here, listen to "Hour 2"), I thought you might enjoy a very short, but fun clip from the first hour of last night's show.

The caller was "Billy" from Austin, and he was calling to dispute my take on yesterday's encouraging news of the U.S. District Court judge in MA who found the federal ban on same-sex marriage to be unconstitutional.

"Billy" was very confused about marriage and about being a "conservative" --- which he isn't, as I explained, while I am. Give it a listen.

Download MP3 or listen online below [appx 6.5 mins]...

For the record, "Billy" hung up on himself. I didn't hang up on him. Also, bonus points for those who catch the amusing South Park allusion which "Billy" didn't seem to.

[Now UPDATED with full --- highly recommended --- audio archives.]

It's Day 4 of our latest week-long stint filling in for Mike on the nationally syndicated Mike Malloy Show. And again we'll be BradCasting LIVE from L.A.'s KTLK am1150 9pm-Midnight ET (6p-9p PT). I hope you'll join us by tuning in, chatting in, Tweeting in and calling in!

The LIVE chat room, as ever, will be up and rolling right here at The BRAD BLOG during the show, so come on by 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.)

So far scheduled for tonight's show...

• HOWIE KLEIN, political blogger extraordinary from Huffington Post and Down With Tyranny on all the politics that's fit to speculate about! Specifically this November's Congressional elections, the outlook for Democrats, Republicans and those damned Blue Dogs!
• BREAKING NEWS, You'll have to tune in tonight to hear about some rathering disturbing new news in a long-running election fraud case in a specific county, in a specific state. It's one we've been following for some time, and tonight there's breaking news in the case. We'll talk about it with one of the key players in the long running investigation!
• PLUS: Catching up with the week's news and your calls on whatever you'd like to discuss at 877-520-1150, or via tweets to @TheBradBlog and whatever else comes up along the way...

The Mike Malloy Show is nationally syndicated on air affiliates around the country and also on Sirius Ch. 146 & XM Ch. 167. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or via MikeMalloy.com.

Click here to jump into our LIVE Chat Room during the show. Or just see below!...

POST-SHOW UPDATE: Well that was one very lively, very fast-paced show, chocked full of breaking news and exclusives. Check this one out! The audio archives are all posted below (and the chat room archives are posted below that, if your interested.) Enjoy! I know I did!...

Follow and stream @GreenNewsReport!...



(Or use "Click here to listen..." link below.)

IN TODAY'S RADIO REPORT: Record summer heat around the world (where are the climate change deniers?); Is air conditioning making America fat(ter)?... PLUS: BP says relief wells will be ready, just in time for their quarterly earnings report ... 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): Nevada Test Site to house solar projects; Don't expect global warming skeptics to give up on Climategate; PA finds spike in environmental violations from natural gas fracking: PA cattle quarantined from gas fracking contamination; UT kids contaminated with arsenic from pet chickens' feed; Oil industry ramps up opposition to repealing tax breaks; Critics call Valdez cleanup a warning for Gulf workers ...PLUS: A Beach Walk With the Ghosts of Exxon Valdez ...

[Now UPDATED with audio archives below.]

It's hump day for my latest week-long sting filling in as Guest Host on the nationally syndicated Mike Malloy Show. We'll be BradCasting LIVE all this week from L.A.'s KTLK am1150 9pm-Midnight ET (6p-9p PT). Please join us by tuning in, chatting in, Tweeting in and calling in!

The LIVE chat room will again be up and rolling here at The BRAD BLOG during the show, so come on by for that as ya listen! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

So far scheduled for tonight's show...

• DEAN LOGAN, Los Angeles County Registrar-Recorder/County Clerk on his office's report on the six different failures I encountered while trying and failing (again) to vote last June on the county's ES&S e-voting machines, and on his plans for the future to replace the disastrous systems in the country's largest voting jurisdiction.
• DAVID ROBERTS, Grist.org's climate and energy reporter on the status of federal clean energy legislation, the BP disaster and what cap and trade actually means.
• PLUS: Whatever else you and I feel like talking about, including your calls at 877-520-1150, tweets to @TheBradBlog and whatever else comes up along the way...

The Mike Malloy Show is nationally syndicated on air affiliates around the country and also on Sirius Ch. 146 & XM Ch. 167. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or via MikeMalloy.com.

Click here to jump into our LIVE Chat Room during the show. Or just see below!...

POST-SHOW UPDATE: A thinking man (and woman)'s show tonight. I think. Lots to bite off and chew into. Enjoy the audio archives below, and the chat archives below them...

[Ed Note: L.A. County Registrar-Recorder/County Clerk Dean Logan was my guest on Wednesday night to discuss this report and its associated issues, as I am guest hosting the Mike Malloy Show again this week. The audio archive of that interview is now posted here. - BF]

-- Brad Friedman, The BRAD BLOG

The Los Angeles County Registrar-Recorder/County Clerk's office has issued a 5-page report on the complete failure I experienced while attempting to cast a ballot on the county's electronic voting system during this year's June 8th statewide primary.

The failures that I encountered last month --- as I detailed that night --- mirrored, almost exactly, those that occurred when I attempted to use the very same system, at the very same polling place, during the statewide primary in June of 2008 when the ES&S InkaVote Plus e-voting system that time had misprinted 4 out of 12 of my votes.

This time, it didn't misprint my ballot because I caught the problem --- on two separate machines --- before getting to the point where the system would have printed out my ballot. And this time, just as they concluded after a detailed investigation last time, L.A. County Registrar Dean Logan's office is chalking it up to, essentially, 'human error', in addition to limitations and inadequacies of the e-voting system itself...

Guest blogged by Ernest A. Canning

[Ed Note: Ernie Canning appeared as my guest on last night's Mike Malloy Show to discuss Feldman's conflicts-of-interest and the government's appeal described below. The audio archive of that interview can be heard here. - BF]

In a powerful and carefully-crafted 5th Circuit Court of Appeal motion [PDF] filed in Hornbeck Offshore Services vs. Salazar --- a motion which did not touch upon the question of whether U.S. District Court Judge Martin Feldman's substantial investments in the oil industry mandated a recusal --- the government argued that, in enjoining the Department of Interior's six month suspension of offshore drilling on just 33 "of the approximately 3,600 structures in the Gulf dedicated to offshore oil exploration and production," following the BP/Transocean Deepwater Horizon disaster, Judge Feldman abused his discretion by substituting his own personal judgment over matters that, by statute and federal regulations, are the province of federal officials.

The Department of Interior and the Bureau of Ocean Energy Management, Regulation, and Enforcement ("BOEMRE") have the legally mandated duty and authority to regulate such matters, the government is arguing.

"While Plaintiffs' concerns appear limited to the next financial quarter," the motion explains, "[the Department of] Interior must ensure not only that OCS [Outer Continental Shelf] drilling operations are safe and secure but also that the Nation's fisheries, coastal ecosystems, and other public lands continue to provide jobs, recreation opportunities, habitat for wildlife, healthy ecosystems, and economic resources for all of the public."

The appellate motion by federal officials calling for a stay of Judge Feldman's recent preliminary injunction on the exploratory drilling moratorium will be argued before a three-judge panel on Thursday...

[Now UPDATED with audio archives below!]

We're back again tonight filling in as Guest Host on the nationally syndicated Mike Malloy Show. We'll be BradCasting LIVE all this week from L.A.'s KTLK am1150 9pm-Midnight ET (6p-9p PT). Please join us by tuning in, chatting in, Tweeting in and calling in!

The LIVE chat room will be up and rolling again here at The BRAD BLOG during the show, so come on by for that as ya listen! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

So far scheduled for tonight's show...

• JUDGE VIC RAWL, Four-term South Carolina state legislator and circuit court judge, and recent Democratic candidate for the U.S. Senate nomination until the state's 100% unverifiable ES&S e-voting system declared unknown, jobless candidate Alvin Greene the "winner" of the questionable election on June 8th. We'll discuss that, his extraordinary protest hearing before the state Democratic Party, and where he'll go from here after finding what he calls "systemic software problems" and a "lack of election integrity" in South Carolina.
• ERNEST CANNING, member of the California state bar since 1977, political scientist and, most importantly, a guest contributor to BradBlog.com, on the case for impeachment against deep water drilling moratorium Judge Martin Feldman.
• PLUS: Other stuff on my mind and yours via calls at 877-520-1150, tweets to @TheBradBlog, a likely visit from the lovely DESI DOYEN of the Green News Report and whatever else comes up between here and there...

The Mike Malloy Show is nationally syndicated on air affiliates around the country and also on Sirius Ch. 146 & XM Ch. 167. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or via MikeMalloy.com.

Click here to jump into our LIVE Chat Room during the show. Or just see below!...

POST-SHOW UPDATE: A damned fine show, if I do say so myself. But you'll let me know if I'm wrong. All of it recorded and posted for posterity in audio archives (and even chat archives) below...

Tom Ricks, author of the best-sellers Fiasco: The American Military Adventure in Iraq, 2003 to 2005 and The Gamble: General David Petraeus and the American Military Adventure in Iraq, 2006-2008, on the June 27, 2010 Meet the Press after arguing to Congresswoman Barbara Lee (D-CA) that leaving Afghanistan now would lead to an "endless war" ("I think if you want an endless war, Congresswoman, leave Afghanistan right now, and you'll find us having to go after al-Qaeda again and again there for decades."):

Um, yeah. Bingo. (On the "alternative fuels" part, not the 'can't leave now' part.)

Follow and stream @GreenNewsReport!...



(Or use "Click here to listen..." link below.)

IN TODAY'S RADIO REPORT: A solar boost from Obama; Tarballs in Texas; And a blimp to the rescue... PLUS: Record heat hits Northeast and climate scientists exonerated --- AGAIN --- but climate change deniers still report it this way [cue: crickets] ... 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): How does sewage treatment actually work?; Political protests over fuel costs idle much of India; Scrubbing CO2 from atmosphere would be a long-term commitment; China sentences Tibetan environmentalist to five years in prison; China fears consumer impact of growing middle-class on global warming; Judges nuke Obama's plan to dump Yucca Mtn. dump; Detergent industry does the "impossible" --- adopts voluntary ban on phosphates ...PLUS: Retrofitting suburbia: The task at hand? ...

[UPDATED with audio archives from tonight's show at bottom.]

I'll be filling in as Guest Host on the nationally syndicated Mike Malloy Show LIVE all this week from L.A.'s KTLK am1150 9pm-Midnight ET (6p-9p PT). Hope you'll join us for the mid-summer festivities by tuning in, chatting in, Tweeting in and calling in!

As usual, our LIVE chat room will be up and operating here at The BRAD BLOG during the show, so I hope you'll join us for that as well! (The Chat Room will open below a few minutes before airtime, see down below, just above "Comments" section.)

So far scheduled for tonight's show...

• GOV. DON SIEGELMAN, Former Governor Alabama, prosecuted for "bribery" and "honest-services fraud" by Karl Rove and the politicized Bush DoJ, on last week's U.S. Supreme Court rulings which vacated his absurd conviction, and remanded it back to the 11th Circuit Appellate Court, on where his case goes from here.
• MAC MCCLELLAND, Mother Jones' human rights reporter/blogger joins us LIVE from the Gulf where she's been covering the BP oil disaster, and the continuing efforts to keep media from covering the ongoing devastation.
• PLUS: Other stuff on my mind --- and on yours via your calls at 877-520-1150, your tweets to @TheBradBlog, and whatever else comes up between here and there...

The Mike Malloy Show is nationally syndicated on air affiliates around the country and also on Sirius Ch. 146 & XM Ch. 167. You may also listen online to the free LIVE audio stream at affiliate GREEN 960 in San Francisco or via MikeMalloy.com.

Click here to jump into our LIVE Chat Room during the show. Or just see below!...

POST-SHOW UPDATE: Once again, three hours flew by! The audio archives follow below, along with the archives of the chat room if you'd like to listen and read along at the same time!...

It's slightly inside baseball, but the laugh should be worth the quick trip here. So, in short, if you're not familiar with the backstory: Conservative Libertarian-ish journalist/blogger Dave Weigel was recently forced to resign from his new job at the Washington Post covering the "conservative" movement, after rightwingers released stolen, off-the-record emails from a private listserv called "JournoList", set up many years ago by Washington Post journalist/blogger Ezra Klein for random discussion and kibutzing between center to center-left progressive and liberal journalists. The selectively quoted Weigel emails included some snarky (if pretty funny) comments about some of the wingnuts he is forced to cover on his beat.

In the ensuing brouhaha, and shameful response by WaPo, Klein decided to shut down JournoList entirely and delete its archives so they couldn't be further used to selectively "ACORN" other members of the list. (For the record, no, we've never been a member of that email list.)

Thereafter, Rightwing sleaze-monger, Republican operative, opportunist and conspiracy theorist Andrew Breitbart offered $100,000 to anyone who anonymously gave him the entire JournoList archives.

So far, there have been no takers, but it looks like Breitbart may now owe our friend Skippy the Bush Kangaroo at least part of that $100k! Check out Skippy at what may perhaps be his absolute --- and most high-larious --- best...

While Skippy does a fine job of making Breitbart look like a jackass in the highly recommended link above, in truth Breitbart doesn't need much help. If you missed it the first time, don't miss this exclusive video interview with Breitbart that we ran a few months ago, during the height of exposing his ACORN "Pimp" Hoax scam. The video is reposted below for your convenience...

Taking a break this year from our annual re-publication of the Declaration of Independence, to offer instead some of our favorite Independence Day/Weekend tweets so far this year. For the record, you can follow The BRAD BLOG on Twitter right here: @TheBradBlog. Hope you all have a safe and happy 4th! --- Brad

From @WestWingReport:

From @JamisonFoser:

From @OTOOLEFAN:

From @OTOOLEFAN:

From @RepJackKimble:

Guest Blogged by Sue Wilson

Just days after resigning as Chairman of the Tea Party Express, Mark Williams, former talk show host at Sacramento's KFBK radio, began encouraging people to file claims for the BP fund which is being set up to provide financial assistance to those damaged by the Gulf oil spill. He's not just encouraging residents of the Gulf or those who do business with Gulf Coast fisheries to file claims; he is encouraging everyone in the country to file a claim against BP, and brags about having done so himself.

Williams asserts on his blog, MarkTalk.com, that in so filing, people are not stealing. He writes, "You are only recouping some of your own money that the Obama regime is stealing from you to redistribute," and he cites fund administrator Ken Feinberg as telling people "we should '...all file a claim"¦' because specific criteria for valid claims has not yet been set."

He further writes, "Let's show the Marxists who occupy our government and their flying monkey supporters what life under socialism is really like when the productive stop producing and join the gravy train."

The BP fund, according to a conversation I had with Feinberg's office this week, "is paid entirely by BP." Even the administration of the fund is paid by the private corporation which caused the spill. "There are no merits to claim that U.S. taxpayers are footing the bill."

Nonetheless, Williams describes the fund as run by "Marxists", constituting "life under socialism", and as nothing short of a "gravy train". Yet, oddly enough, it's the "conservative" Mark Williams, whose agenda could lead to the waste of untold numbers of tax-payer dollars...

Guest blogged by Ernest A. Canning

"Fact, the world has divided into rich and poor as at no time in our history," warns Maude Barlowe, head of the Council of Canadians and a founder of the Blue Planet Project.

"Fact, global climate change is rapidly advancing, claiming at least 300,000 lives and $125 billion in damages every year," she says. "Called the silent crisis, climate change is melting glaciers, eroding soil, causing freak and increasingly wild storms, displacing untold millions from rural communities to live in desperate poverty in peri-urban centers. Almost every victim lives in the Global South in communities not responsible for greenhouse gas emissions and not represented here at the summit."

Speaking out as a counterpoint to last week's billion dollar, G-20 Summit, whose leaders she referred to as a "global royalty, who have more in common with one another than they do with their own citizens," and as leaders who came to Toronto with an agenda which offers "more of the bad medicine that made the world sick in the first place"”environmental deregulation, unbridled financial speculation, unlimited growth, unregulated free trade, relentless resource exploitation, tax cuts for the wealthy, cuts to Social Security and a war on working people," Barlowe delivered a must-see, fact-filled condemnation of a bleak economic and ecological future that is at the heart of what she described as "savage capitalism."

The video and text transcript of excerpts from Barlowe's powerful "Savage Capitalism" speech, courtesy of the July 2nd, 2010 Democracy Now!, follow below...