[This article now cross-published by The Progressive...]

The U.S. Department of Justice has filed a vigorous Opposition [PDF] to a Motion to Intervene [PDF] filed by the Republican "voter fraud" group calling itself "True the Vote." In its motion, True the Vote seeks to become a party to the DoJ's federal legal challenge to Texas's polling place Photo ID restriction law, SB-14.

The DoJ's opposition is rather straightforward. The right wing-funded True the Vote, they argue, has not established that it is entitled to intervene because it sets forth nothing more than a generalized grievance and because its allegation "that illegal voting might be prevented by enforcement of SB 14 is, at best, speculative."

Anyone familiar with this organization and its history, should appreciate how absurd it is that they should be taken seriously at any time, much less allowed to intervene in a critical lawsuit filed in federal court.

Permissive intervention is inappropriate, according to the DoJ, because True the Vote has failed to establish that its interests would not be adequately represented by the State of Texas. Indeed, its participation in the case, DoJ says, would be unduly burdensome in that the group seeks to divert the court's attention from the legal issues relating to polling place Photo ID restriction laws "to issues concerning True the Vote's numerous allegations of purported voter registration irregularities."

The DoJ notes that, for identical reasons, True the Vote, whose 2011 list of "Recommendations for Legislation" [PDF] was topped by the desire to enact the polling place Photo ID law at issue, was excluded from participating in the Department's legal challenge to last year's ill-fated effort by Florida's Gov. Rick Scott (R) to purge "potential non-citizens" from the Sunshine State's eligible voter rolls.

True the Vote's deceptive tactics should come as no surprise to long time readers of The BRAD BLOG. The group is essentially the latest pretend "election integrity" arm of the Koch brothers-funded, Paul Weyrich co-founded, American Legislative Exchange Council (ALEC)-fueled GOP effort to enact voter suppression laws across the country.

The nature of their hostile, anti-voter tactics, according to the Houston NAACP, included an alleged attack upon its "volunteer poll monitors for handing out water to voters at Early Vote locations and for assisting Disabled and Elderly voters by standing in line for them or asking younger people in line to let the elderly and disabled go ahead of them in the line to vote."

The group's label, 'True the Vote', is nothing short of Orwellian. As detailed by The BRAD BLOG last year (and by others this year) truth and True the Vote remain perfect strangers...

On this week KPFK/Pacifica Radio BradCast I was joined by Heather Parton --- much better known as the great blogger "Digby" of Hullabaloo --- to discuss the complete collapse of CBS 60 Minutes' bogus Benghazi exclusive and their pathetic "correction". Moreover, we take a look at what Digby has uncovered about the apparent Rightwing, Fox "News"-like predilections of correspondent Lara Logan and how that (and a few other disturbing Fox "News" connections) resulted in Benghazi hoax disaster at the once-great CBS News.

Next, I bring everyone up to date on the insane roller coaster that has been the last week of the insanely close Virginia Attorney General's race and the surreal pitfalls to come in the likely "recount" and potential election contest thereafter.

Finally, Desi Doyen joins us for the latest Green News Report on the Super Typhoon Haiyan disaster in the Philippines, its connection to climate change and the new all-time low for global warming deniers in its wake...

Download MP3 or listen online below (appx 58 mins)...

Well, whaddaya know? Clear Channel, the largest radio station owner in America, a company owned by Mitt Romney's Bain Capital LLC, and the parent company of the largest syndication company in the U.S., Premier Networks, has now cleared our public airwaves of pretty much every single non-Rightwing voice. Cleansing complete, according to Politico. And, happily for all corporate interests, just in time for the 2014 elections!...

Clear Channel owns some 850 AM and FM stations across the country. They are allowed to operate them via virtually free public licenses to broadcast over our public airwaves, as granted to them by the FCC in exchange, largely, for little more than their agreement to "operate in the public interest". You're welcome.

They also control what will be played over those stations via their syndication arm Premiere, in what appears to me at least, as I have argued over the years, to be a violation of United States v. Paramount Pictures, Inc., the 1948 Supreme Court antitrust ruling that ended monopolies by movie studios which controlled both theater ownership and the products which were displayed in them.

Though they are axing the Randi Rhodes program, I suspect they will continue syndicating and broadcasting their other shows across the nation's public airwaves in 2014, as hosted in the public's interest by folks like Rush Limbaugh, Glenn Beck and Sean Hannity. Tens of millions will continue to listen to each of them --- for free, over our public airwaves --- on their way to and from work each day. Finding non-Rightwing voices, for free, over our public airwaves will become even more difficult than it already is and completely impossible for the vast majority of Americans.

FULL DISCLOSURE: I have guest-hosted The Randi Rhodes show in the past, and have been a frequent guest over the years, with both her and her regular guest-host, my friend Nicole Sandler.

UPDATE 11/15/2013: In a suprising about-face, Premiere Networks has now decided to keep Rhodes on air into 2014, after all! Full details now here...

The last of the votes to be tallied in Virginia, prior to the certification deadline at 11:59pm ET tonight is done. With the Fairfax County provisional ballots optically-scanned and added to the totals, it appears that the Democratic candidate Mark Herring will be declared the "winner" for now, by just 164 votes --- out of more than 2.2 million cast --- over Republican Mark Obenshain.

If Herring can maintain his extraordinarily slim lead throughout the almost-certain "recount", he will become Virginia's first Democratic Attorney General in twenty years, and his party will have swept all three top-ticket races in the state this year --- Governor, Lt. Governor and AG.

The final provisional tallies in Democratic-leaning Fairfax County resulted in 160 votes for Herring and 103 for Obenshain, a net 57 vote pickup. Barring any surprises in the next hour (there have been plenty of twists and turns in this nail-biter over the past week since the election - see related coverage below), the final tally before the full state certification process begins as of Midnight Tuesday night will be Herring: 1,103,777 - Obenshain: 1,103,613, according to the State Board of Elections (SBE) now-updated website.

Herring and state Democrats are declaring themselves the winner of the contest. For his part, the Obenshain campaign has issued the following statement...

The tally of the last of the provisional votes in Fairfax County, VA is now completed. See the blow-by-blow details below. Or see this breaking story for the final results before the certification deadline at midnight tonight.

Earlier...

I'm testing out Twitter's new "Custom Timeline" feature below, while following the tallies of the provisional ballots in Fairfax County, VA...

Follow and stream @GreenNewsReport!...



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

IN TODAY'S RADIO REPORT: The devastation of Super Typhoon Haiyan, and the climate change signal; PLUS: The denial industry sinks to new lows, as the U.N. meets again to hammer out a global climate treaty ... 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): AP shocked - shocked! - to find corn ethanol is bad; Archbishop refuses communion to polluters; Billionaire Koch Brother says advocates of carbon tax 'are on acid'; U.S. crushes ivory to save elephants from extinction; ARCO to pay $20m to residents near NV copper mine; Fossil fuels receive $500 billion a year in government subsidies worldwide; Another oil train explodes, this time in Alabama ... PLUS: Map: What the U.S. coast will look like after we melt all the ice ... and much, MUCH more! ...

On last night's Colbert Report, Stephen was joined (hilariously!) by Poncho Denews, aka heroic old-school newsman Charlie Skinner from "HBO's documentary The Newsroom", aka Sam Waterston to absolutely destroy CBS' completely bogus and now mildly "corrected"/retracted super-explosive extra-special exclusive on BenghaziGate!!! Nailed it (in two must-watch parts)...

The Daily Show also took on Lara Logan and 60 Minutes' "Meh Culpa"...and, once again, also deservedly eviscerated Sen. Lindsey Graham (R-SC) along with it. That one follows below...

For the first time since the bulk of votes were tallied in Virginia on Election Night last Tuesday, the Democratic candidate for Attorney General, state Sen. Mark Herring appears to now have taken the lead over Republican state Sen. Mark Obenshain in the razor-thin results of more than 2.2 million votes cast.

Herring just barely leap-frogged Obenshain's totals on Monday afternoon after tallies from a voting machine in the city of Richmond --- the results of which had been previously missing from official tallies since Election Night --- were added to the running totals. The addition of 190 votes from electronic voting machine #3791, plus a few other votes from seven other precincts re-reviewed by Richmond City's Electoral Board on Monday, resulted in what now appears to be a 115 vote lead for Herring over Obenshain.

While the results posted by State Board of Elections (SBE) do not yet reflect that change in the state tally (showing, instead, a 17 vote lead for Obenshain for now), a number of election experts following and closely documenting the post-election canvassing and correction of vote tallies from across the state have confirmed Herring's new lead. Those experts have been consistently and accurately ahead of the SBE in reporting results in many cases over the past week.

[Update, 9:50pm ET: The SBE website now shows Herring up by 117, as predicted. The extra two votes were from provisional ballots added to the tally in Montgomery County.]

Ironically, the review of the poll tapes printed out by the tabulation computers from eight different precincts in very-heavily Democratic-leaning Richmond City today, came at the request of the Republican Party...

As the disturbing report from Chris Ramirez of KOB Eyewitness News 4 in Albuquerque, New Mexico reveals, police in nearby Deming have given new meaning to the concept of an unreasonably intrusive search.

A routine traffic stop for failing to come to a complete stop upon exiting a Wal-Mart parking lot turned into an extraordinary, fourteen-hour, unbelievably invasive ordeal that Ramirez appropriately describes as "a humiliating violation of a New Mexico man's body by police and doctor."

Deming police officers, according to Dennis Eckert's attorney, Shannon Kennedy, claimed that when Eckert obeyed the command to get out of his car, "he did so in a manner that looked as if he was clenching his buttocks."

Based on, apparently, no more than that, police obtained a warrant to do an anal cavity search for drugs. The police first sought to obtain the cavity search from a nearby emergency room, but the ER doctor refused to conduct it, stating it would be unethical to do so. Police then drove the man to the Gila Regional Medical Center, located in a different county (and outside the scope of the warrant).

KOB4 summarizes the incredible content of the Gila medical records, as they pertained to procedures conducted without Eckert's consent thereafter...

As of late Saturday, just 55 votes separated the Democratic candidate from the Republican in the Virginia Attorney General's race, according to the State Board of Elections (SBE) website. 55 votes out of more than 2.2 million cast after four days of canvassing, double-checking and processing a number of provisional ballots cast across the state during last Tuesday's election.

The state's 55 vote spread, however, is still larger than the margin cited by the election geeks who have been following this race on a county-by-county and often precinct-by-precinct (even ballot-by-ballot) level. And they have been consistently and correctly ahead of the SBE-posted numbers. One of them, Virginia political expert and self-identified "vicious campaign insultant," Ben Tribbett declared just a 15 vote margin earlier Saturday, after the spread had been just several hundred over the last few days. Late tonight, after a few more provisionals were tallied in the City of Richmond, Tribbett adjusted his tally to a 44 vote margin.

Another one of those geeks, Dave Wasserman of the non-partisan Cook Political Report, predicted Friday night on Twitter that, after all provisional ballots are added in, "this thing could be single digits." It looks like he wasn't kidding.

For what it's worth, it's the Republican state Sen. Mark Obenshain currently leading the Democratic state Sen. Mark Herring by either 55 votes or 15 votes or somewhere in between right now. But there still remain between 400 and 500 provisional ballots to be adjudicated and possibly added to the totals in heavily Democratic-leaning Fairfax County as of Saturday night, according to Michael McDonald, a specialist in American elections at George Mason University in Fairfax.

Indeed, it was a surprise edict concerning provisional ballots, as issued by the Republican State Board of Elections, that stopped the Fairfax County Electoral Board dead in their tracks on Saturday before they were able to adjudicate all of the county's provisionals as previously planned.

All of this, before a likely "recount" --- of 100% unverifiable touch-screen votes in most VA counties and, barring a court order, no more than a computer re-scan of most of the paper ballots in the others --- that is almost certain to be requested by whichever state Senator named Mark finds himself "the loser" of the final canvassed tally as of midnight, Tuesday, November 12th, the deadline for certification of the election...

On Thursday night, we explained as much as we could figure out about thousands of seemingly "missing" votes suddenly "discovered" in the incredibly close Attorney General's race in Virginia between Mark Obenshain (R) and Mark Herring (D).

Some 2.2 million votes were cast on Tuesday in the contest, yet just a few hundred (depending on what time of day one checked, as tallies were being canvassed and double-checked and corrected from around the state) separated the two on Thursday. Obenshain was said to be in the lead, according to the State Board of Elections (SBE) website, by a few more than 700 votes at night's end.

That's when several election porn geeks --- like Dave Wasserman of Cook Political Report and Ben Tribbett --- who had been combing over the results for the past several days, confirmed with elections officials an unusually low rate of absentee votes in Congressional District 8 in Fairfax County, VA. If accurate, it would have been the lowest return rate for absentees in the state, and it was considerably lower than adjacent districts in the same county. Fairfax leans heavily Democratic and, if absentee ballots were cast at the same rate there as other districts in the county, Wasserman and Tribbett concluded, there were about 3,000 votes unaccounted for in the SBE tallies. Those "missing" votes, if tallied, would be enough to give Herring the lead and, potentially, the first AG victory for a Democrat in the state in twenty years.

So what happened to those 3,000 or so absentee votes? Why were they seemingly 'missing' from the tally? By late Thursday, one of the Republican officials on the Electoral Board, Brian Schoeneman, said he was "convinced now too that there is an issue" and promised to "figure this out". Late late Thursday night, Wasserman had received an email from Fairfax County General Registrar Cameron Quinn acknowledging that VA08 totals were "in error" and that she suspected "machine totals that either didn't print tapes, or didn't show full tallies on the tapes." She said that the Electoral Board would "make figuring out what happened the first order of business in the morning" on Friday.

Unlike much of the state, which votes on 100% unverifiable touch-screen systems, Fairfax, the largest single voting jurisdiction in the state, uses paper ballot optical-scan systems made by Diebold. Those same systems --- as we described last night --- have a long history of failure, including dropping entire stacks of votes from the totals without notice to the system administrator. Could that be what happened?

Well, there were a few more twists and turns today, as the Fairfax County Electoral Board attempted to figure out what had gone wrong with their tallies, and as other counties wrapped up their canvass of the election. The Board plans to meet tomorrow to offer their official findings (their full statement below), but the only thing we know conclusively for the moment, is that one of Wasserman's tweets this afternoon was absolutely correct:

"Folks, I've been neck deep in MS Excel for 3+ days & I'm ready to make a projection," he said. "The next Virginia AG will be...Mark"...

We reported yesterday on the incredibly close race for Attorney General in Virginia. With more than 2.2 million votes cast, the margin between Mark Obenshain (R) and Mark Herring (D) has been within a few hundred votes since Election Night on Tuesday.

Within the last few hours, an unexplained discrepancy has been discovered by those combing over the reported numbers in Fairfax County. The county leans heavily Democratic and, unlike much of the rest of the state which uses 100% unverifiable touch-screen, Fairfax uses optically-scanned paper ballots for its main vote tabulation system.

After Democrats reportedly won both the Governor and Lt. Governor races, only the AG's remains undecided at the top of the ticket. For the last 24 hours or so, the Republican Obenshain has been leading during the canvassing of ballots by about 700 votes, as absentee and provisionals are tallied and doubled-checked.

But now, thanks to some smart detective work by both a Democratic political team in Fairfax County and by Dave Wasserman of the non-partisan Cook Political Report, the fortunes for the Democrat candidate Herring may just have taken a big turn, even as a new mystery is added to the equation...

[UPDATED - Video added at bottom. CBS' Logan admits they blew the story. ALSO NOW: Simon & Schuster Rightwing imprint pulls book off shelves.]

A full week after serious doubts were raised concerning 60 Minutes' report on a supposed eye-witness to the 2012 attack on the U.S. diplomatic compound in Benghazi, Libya, CBS has finally issued a terse two paragraph statement tonight to announce they are "currently looking into" whether they were "misled" by their star witness.

Here's the full statement:

The statement coincides with new information this evening that appears to further undercut the 60 Minutes report...

Follow and stream @GreenNewsReport!...



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IN TODAY'S RADIO REPORT: ELECTION 2013: the first climate election? Climate science denier Ken Cuccinelli defeated in VA; Local races with big environmental impacts for the country; PLUS: We're goin' the wrong way!!! Greenhouse gas emissions rise to record levels... 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): Fukushima cleanup enters dangerous phase; Western black rhino now extinct; Fossil fuels get $500B annual subsidies; China solar panel makers invest in solar farms; New investment project for North Africa solar; Whopping CO2 footprint for Australian coal mines; Debating 'Pandora's Promise'; PA gives fracking industry $1 billion; ExxonMobil fined $2 million for AR pipeline spill ... PLUS: It's time to adapt to unstoppable climate change, say scientists ... and much, MUCH more! ...

This week on the KPFK/Pacifica Radio BradCast, I was joined by Eric Boehlert of MediaMatters.org to discuss: a) The serious questions about CBS' 60 Minutes "train wreck" on Benghazi and the media's dreadful double-standard in comparison to the reaction to the Dan Rather/George W. Bush Air National Guard story from 2004 b) Media failure in reporting on "Obamacare" c) The double-standard at Fox "News" in covering the alleged "pissed-off patriot" who shot up LAX Airport last week and d) Rand Paul's plagiarism disaster.

Then, I was joined by the great Howie Klein of DownWithTyranny.com and the Blue America PAC to discuss the various progressive victories from Tuesday's elections (and a few of the failures), as well as concerns about the still incredibly close, 100% unverifiable Attorney General race in Virginia and its likely "recount".

Plus, Desi Doyen joined us as usual for the latest Green News Report. Enjoy the show!

Download MP3 or listen online below [appx. 58 mins]...