Guest blogged by Ernest A. Canning

As the community group ACORN, which is accused of no federal felonies, awaits a decision on the release of federal funds that they were unconstitutionally barred from receiving, according to a federal judge, the man who apparently videotaped some of their employees illegally and then released highly edited and misleading versions of those illegally obtained tapes now faces federal felony charges related to wiretapping a U.S. Senator....

[Updated numerous times at bottom of article.]

James O'Keefe, the rightwing operative, hero [update: and paid employee of faux journalist Andrew Breitbart] is already being sued and investigated for the illegal secret video taping of employees at ACORN offices in at least two different states. And now, he's been arrested and charged in an apparently botched scheme to bug the office of U.S. Senator Mary Landrieu (D-LA). One of his three cohorts was the son of Louisiana's acting U.S. Attorney Bill Flanagan.

According to the affidavit from FBI Special Agent Steven Rayes today:

But it's not illegal phone bugging, or even shades of Watergate! It's "journalism", right Mr. Beck? Mr. O'Reilly? Mr. Breitbart?

Reached for comment today, O'Keefe's actual pimp, the wingnut and similarly fake "journalist" Andrew Breitbart --- who recently tweeted out a death threat to The BRAD BLOG --- had, uncharacteristically, little to say. He did, however, go out of his way to try to distance himself from O'Keefe, who he helped make famous, and has long hailed as a hero, by hemming and hawing to TPMmuckracker [emphasis added]: "I need to find information on this. I'm out of the loop on this. I will make my determination then on when to comment."

Update: However, Media Matter reports that Breitbart has previously revealed, on a rightwing radio show, that he pays O'Keefe a "fair salary" for whatever is that O'Keefe does.

While the previous Breitbart/O'Keefe ACORN sting scheme received much publicity from Fox "News" and friends, the highly edited videos apparently revealed no illegalities according to two separate independent reports, other than O'Keefe's apparently illegal secret videotaping. On the other hand, if the Rule of Law still applies in either Louisiana or the U.S. --- even for the son of an Acting U.S. Attorney --- it would appear that O'Keefe, who spent last night in jail and is free on bail today, is likely in big big trouble.

Golly, we hope he doesn't become a convicted felon and lose his right to vote!

The BRAD BLOG has, for years, covered the GOP's continuing attempts to discredit ACORN, for little more than the fact that the community group has registered millions of legal low and middle-income voters to vote across the country. Our coverage of the most recent 2008 push to falsely discredit the group was documented on this special coverage page.

UPDATE 4:43pm PT: Predictably, Twitter is, um, all atwitter with today's news. Some of our favorites so far...

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IN TODAY'S AUDIO REPORT: Your weather says cold, but your climate (and NASA) says HOT; Oil, oil, toil and more trouble; Plastic bag taxes --- do they work? ... PLUS: The Big Murkowski: Will Alaska's Senator block the EPA from enforcing the Clean Air Act? ... 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': Debating coal with RFK, Jr.; Coal industry: adapt or die; Climate change denier George Will steps in it again; Cancun to host climate talks; Walmar, Dell, et al form Sustainability Consortium; Monsanto monopoly; GMO corn and soy linked to organ failure; Energy Star smacks LG refrigerators; Just don't call it a 'tax' .... PLUS: Smacking down GOP Pollster Frank Luntz's polls....

Info/links on those stories and all the ones we talked about on today's episode follow below...

This, of course, is not funny in the least. (It's also not safe for work, btw.)...

And what they will never tell you on Fox "News," and probably not even on CNN or MSNBC, etc., is contained in the following three emails sent to Mikey Weinstein of the Nobel Prize-nominated Military Religious Freedom Foundation (MRFF), following an ABC News exposé last week on the bible verses that are encoded on the rifle scopes made by Trijicon, Inc., and used by our military serving in Iraq and Afghanistan.

The first disturbing email below is from a U.S. soldier who happens to be a Caucasian Muslim, horrified by the dangers of having such verse referenced on military equipment used in the Middle East, particularly in the event of capture. The soldier shares an appalling alleged account of his superior officer's description of the weapon as the "the Fire Arm of Jesus Christ." All the better, said the officer according to the soldier, than what they might have received, since "Uncle Sam had seen fit not to give us a 'pussy "Jewzzi" (combination of the word 'Jew' and Israeli made weapon "Uzi").'"

That account is then followed by two very short, anti-Semitic threats sent to Weinstein in regard to the same matter, following ABC's report. Moreover, a senior company executive is said to have described MRFF as "not Christian" to ABC, according to a letter threatening legal action sent to the company by the non-profit organization which counters that it's allied with thousands of Christian troops and organizations.

All three of the email missives are horrifying, though none of them are likely to receive the time of day in the bulk of the cowardly corporate media, where the real cause and effect of the Rightwing's modern day politicized religious agenda is rarely broached in any way, shape, or form...

Never thought I'd miss the 2000s, but if this week is any indication of what's to come, can we please roll back the clock?

Hundreds of thousands died in Haiti. Detainees were revealed to have been murdered in American custody at Gitmo. Democracy died again in Diebold's Massachusetts. A faint hope for reviving the death of the public's airwaves dies yet again as Air America dies. And the U.S. Supreme Court commits mass murder of everbody and everything else that had still been left teetering.

Worse. Week. Ever.

As it happened, I was previously scheduled to be a guest on Peter B. Collins' podcast yesterday to discuss MA. Suffice to say, the conversation ended up a bit broader, and a great deal darker.

If you'd like to listen, if you can stand to, it's now posted here...

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IN TODAY'S AUDIO REPORT: Scientists' Himalayan glaciers mistake is more fodder for climate change deniers; FDA aims at BPA --- but powerless to do anything about it ... PLUS: Climate legislation, Scott Brown, the GOP's 49-51 majority, the Supreme Court and LOTS and LOTS of corporate money... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail, billions in corporate campaign cash? 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': President Obama's environmental report card; Asian Carp DNA found in Lake Michigan; Arctic tundra drying out; DOE hearts algae; The case for distributed renewable energy; Murkowski (R-AK) attacks EPA; "Just don't call it a 'carbon tax'" .... PLUS: Watch this video: Colbert hearts Mountaintop Removal ....

Info/links on those stories and all the ones we talked about on today's episode follow below...

"The court's ruling threatens to undermine the integrity of elected institutions across the nation," wrote Justice John Paul Stevens in his dissenting opinion on today's U.S. Supreme Court ruling in Citizens United v. the Federal Election Commission, which will overturn decades of established campaign finance law.

"Threatens to"? That could be the understatement of the century. But this is what comes of not counting election results. We can thank, among a long list of others, John Kerry for having rolled over in Ohio in 2004.

In a 5 to 4 decision today, by an activist U.S. Supreme Court that actually requested to make a decision to hear this matter, despite the fact that the original case brought to them had little to do with their larger, most destructive finding, has decided that corporations may give as much money as they wish to federal election campaigns.

This would be 'Game Over,' folks, for those who believe in "We the People," rather than "We the Corporations," unless a movement like the one launched today at MoveToAmend.org (on which we are an original signer) can gain traction. You can (and must) join the call by signing on at FreeSpeechForPeople.org as well.

Some key quotes from today's ruling, which pretty much encapsulate the entire horrifying story:

We will, no doubt have more on this soon (currently buried in a number of other items and still on road). In the meantime, we're sure the "grass roots" Tea Baggers, outraged by corporate money special interests, will be infuriated by this decision, light up new protests in every town in every state in the union, and demand that our country be returned to "We the People" as the founders envisioned.

Right?

By way of offering a rather convincing counterpoint to Frank Schaeffer's editorial posted here earlier today, in which he asserted his opinion that Republican Scott Brown's reported win in MA last night for the U.S. Senate seat was the fault of "the ideological purist Left" who undermined Obama and the Democrats, a Research 2000 poll conducted last night after the election, surveying 500 Obama backers who voted in the Senate election and 500 backers who sat it out, would seem to suggest the exact opposite. (Much as almost all of you did in comments)...

Via Eric Boehlert...

Guest Editorial by Frank Schaeffer

[Readers: Please see the added "Ed Note" at the end of this editorial. Thanks. It has also now been updated with some new information. - BF]

Congratulations to the Left of the progressive movement and the Democratic Party: You just shot us all in the foot. You contributed to the Democratic loss in Massachusetts.

I'm a former Republican who ran from that hate-filled movement years ago. I am a heartfelt Obama supporter. And I am also an Independent Massachusetts voter.

I blame the ideological purist Left who have worked so hard to undermine the Obama presidency for the MA debacle. You set the stage...

Several supporters of Democrat Martha Coakley were injured during her rush to get to the phone as quickly as possible in order to concede the race for the U.S. Senate in MA to Scott Brown even before AP called the race in favor of the Republican.

That, while some 25% of the precincts had yet to report even how Diebold's easily-hacked, oft-failed optical-scan machines (which are in violation of federal voting system standards and programmed by a company with a disturbing and criminal background), had even reported their tabulation and, more disturbingly, while 0% of the voters' cast ballots in Massachusetts had been counted or examined by any human being on the face of the earth.

"After months of campaigning, the Attorney General thought it was important to make sure neither her, nor her supporters voters were actually counted, so best to ensure that the Democracy Menace wouldn't rear it's ugly head right here in the Bay State," said Coakley's campaign manager Kevin Conroy.

Sen. John Kerry (D-MA) released a statement upon hearing the news, proclaiming he was "proud of the speed at which Martha was able to concede the race with even fewer of the votes counted by anyone --- zero in Martha's case --- than when I conceded the race for President of the United States in 2004." Kerry added that he had prepared his statement on Monday, so as to save valuable time on Election Night, since American Idol was also scheduled to be on.

And with that out of the way, please see:

• Bev Harris' article today about how these media "calls" are actually made (hint: it ain't based on actually counting anybody's ballot);
• The several updates to my previous report on the allegations of ballots pre-marked for Brown said to have been given to voters in "at least" three different jurisdictions;
• My fully ignored tweet urging all candidates to NOT concede until the voters votes were actually counted, and;
• If you missed it, my article at the right-leaning Gouverneur Times on the outrage of ceding our American democracy, and the U.S. Senate seat from MA, to private, unaccountable companies like Diebold and LHS Associates.

[UPDATED SEVERAL TIMES with more info on the curious/disturbing issue of ballots reported as being handed out as pre-marked for Scott Brown. Allegations now of five different reports from "at least" three different jurisdictions. See bottom of article for continuing updates...]

Haven't heard too much from on the ground in Massachusetts this morning yet (happily), but that's not much of a surprise. The real questions come later, as we will all wonder whether or not the "results," whatever they are, as reported by Diebold and never counted by actual humans, have anything to do with the way voters actually voted.

In the meantime today, a group of election integrity experts, after having posted an "Orange Alert" yesterday about the serious e-voting concerns in today's election, have sent an open letter to Sec. of State Bill Galvin, along with a public records request [PDF], calling for the retention of all election materials, such as voted, spoiled, and unvoted ballots, as well as all of the easily-tampered-with memory cards and electronic databases, etc., to ensure they are all secured and available for inspection by the public after the close of polls.

Election integrity advocates Susan Pynchon, Shelia Parks, and John Brakey also put the entire sorry matter in stark terms, demonstrating how simple this all could have been in a very short piece at OpEd News asking why MA didn't simply just determine to count the ballots, by hand, in front of everyone at the polling place, especially given that it was a single race on the ballot with just three people on it...

As to the ballots themselves, Greg Sargent at The Plum Line reports an odd situation: Two different voters, from two different towns, have both informed him that they were handed ballots that had Scott Brown's bubble already inked in when they went to vote. Here's the report from the second voter Sargent heard from...

The two reports are too anecdotal at this point to make too much of them just yet, but it seems worth noting for the moment. May come in handy later.

[UPDATED as more reports of pre-marked ballots have come in! Please see additional follow-ups now below.]

Are you hearing, reading, seeing other points of concern today? Let us know in comments. Links are always welcome...

P.S. Have done a flurry of radio appearances to discuss all of this, last night and early early this morning. Appearances from Mike Malloy, Stephanie Miller, and Nicole Sandler's shows are now archived online if you'd like to give them a listen, right here...

P.P.S. Might I also recommend, request, that all you folks on Twitter (we can be followed here), Retweet the following as far and as loud as you can:

UPDATE 4:03pm PT: Coakley Campaign Manager Kevin Conroy issued the following "ALERT!" on the campaign website, and via email about an hour ago concerning the reports of ballots being handed to voters pre-marked for Brown, as mentioned above...

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IN TODAY'S AUDIO REPORT: Political earthquake in Massachusetts? Climate & clean energy legislation also hangs in the balance; James Inhofe is #1! PLUS: The long aftermath of the real earthquake in Haiti, as the 'second wave' of disaster unfolds ... 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': 2009 hottest year on record in southern hemisphere, but not in Antarctica --- yet; Trading commission moves to curb oil speculators; China snaps up California solar market; Texas town now fears pollution from drilling; Antarctica gets its first wind farm; Oregon to shut down only coal fired power plant .... PLUS: Green building is really green with vertical garden walls....

Info/links on those stories and all the ones we talked about on today's episode follow below...

A quick follow up, as I'll be on the road for most of today, on the mess I warned about on Friday concerning Tuesday's Special Election for the U.S. Senate in MA, the terrible optical-scan Diebold voting machines in use there, and the company with a dubious, criminal background which sells, services and programs them:

• Over the weekend, I was briefly interviewed by Joan Brunwasser of OpEd News and Citizens for Election Reform about it all. That interview is now published here...

• Bev Harris from Black Box Voting offers a detailed breakdown and a toolkit "for effective actions everyone can take, whether you live in Massachusetts or not" to try to help oversee and protect the election tomorrow.

• A coalition of election integrity experts have issued an "Orange Alert" about the concerns for tomorrow's election, calling on MA Sec. of State Bill Gavin to take effective action to protect secure chain of custody for ballots, voting machines, tabulators, memory cards, unvoted ballots and all other related materials, and calling on the candidates to NOT CONCEDE until all votes are actually counted accurately and transparently.

• I'll be on the air tonight and tomorrow morning to talk about all of the above. Among my currently scheduled radio appearances on this [all times PACIFIC]:
  • MON 1/18, 7:00pm: Mike Malloy Show (air affiliates, Sirius Ch. 146, XM Ch. 167)
    [Update: Here's the commercial free audio archive (MP3) from last night on Malloy, appx. 19 mins]
    
  • MON 1/18, 8:00pm: Nicole Sandler Show
    [Update: Here's the commercial free audio archive (MP3) from last night, appx. 33 mins]
    
  • TUE 1/19, 6:00am: Stephanie Miller Show
    [Update: Here's the commercial free audio archive (MP3) from this morning on Stephanie's show, appx. 20 mins]
    

UPDATE 1/19/10: More on early reports and other developments on Election Day, now here...