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By Brad Friedman on 3/9/2012 1:33pm PT  

Last night, Rachel Maddow ran an update on the GOP War on Voting. Her report included a number of items we've covered here recently --- such as the protest by former U.S. Marine Tim Thompson who refused to show a Photo ID when trying to vote under TN's new voter suppression law on Tuesday, the Wisconsin court ruling temporarily blocking the state's Photo ID restrictions after finding it likely violates the WI Constitution's "right to vote" clause.

Here's Maddow's full report...


Maddow also covers several stories that we haven't been able to cover at The BRAD BLOG yet. Among them, the new Photo ID restriction law that was passed yesterday in the Pennsylvania Senate and is likely to become law, if not stopped somehow, this November. As Pennsylvania is not one of the "covered jurisdictions" subject to preclearance of new election laws by Section 5 of the federal Voting Rights Act, it would be another excellent candidate, like the one in Wisconsin, for challenge by the DoJ under Section 2 of that act, as our own legal analyst Ernie Canning persuasively argued recently.

Another story in Maddow's otherwise excellent report, however, is the one about the 86-year old WWII Vet in Ohio who was unable to vote on a normal ballot Tuesday, because his Veteran's ID didn't have his address on it. According to the The Plain Dealer's coverage:

“My beef is that I had to pay a driver to take me up there because I don’t walk so well and have to use this cane and now I can’t even vote,” said Paul Carroll, 86, who has lived in Aurora nearly 40 years, running his own business, Carroll Tire, until 1975.

“I had to stop driving, but I got the photo ID from the Veterans Affairs instead, just a month or so ago. You would think that would count for something. I went to war for this country, but now I can’t vote in this country.”

It's a horrible story, but on this one, Maddow appears to have been in slight error in her coverage...

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By Brad Friedman on 3/8/2012 2:50pm PT  

Sean Hannity makes a living dishing it out --- perhaps I should say shoveling it --- but he seems to have trouble taking it in return.

If you missed his "EXCLUSIVE!" Fox "News" interview last night with two young Breitbart rubes, featuring the shocking, unedited version of the video of Barack Obama in his 1991 Harvard days that the late Andrew Breitbart had long promised would help destroy the President, well, you didn't miss much. Not much more than a "smoking hug" and the latest embarrassing moment from the Rightwing's current collective nervous breakdown, anyway.

I happened to catch it though. And I enjoyed it so much, I tweeted mercifully about it while watching. For example, as it ended, I observed...

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By Desi Doyen on 3/8/2012 2:33pm PT  


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By Brad Friedman on 3/7/2012 8:09pm PT  

After a month off for KPFK's latest fund drive, The BradCast was finally back today in its normal Wednesday 3pm slot on Pacifica Radio's L.A. affiliate (and on other fine networks as well.)

On today's show I was joined by Marcy Wheeler of Emptywheel.net to discuss the madness of Obama's policies for targeting U.S. citizens as "terrorists" without due process, as discussed by AG Eric Holder earlier this week; a Green News Report segment with a major audio glitch and Desi Doyen live in studio; PLUS: the story of IN Sec. of State Charlie White getting off virtually scot-free for three counts of felony voter fraud, the former U.S. Marine who pushed back against the GOP's polling place Photo ID restrictions in TN this week, the good news out of WI concerning that state GOP's own attempt to suppress Democratic-leaning voters and MUCH MORE! Enjoy!

Download MP3 or listen online right here [appx 58 mins]...

P.S. I don't always get to post archive for The BradCast here, but you can subscribe to the RSS feed for free right here, or otherwise check the KPFK archive page for the show right here.

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Now UPDATED with shocking NOT 'selectively edited' version!...
By Brad Friedman on 3/7/2012 11:03am PT  

Wow. This must be one of those videos of Barack Obama during his wild-eyed leftist college days at Harvard that the late Andrew Breitbart had promised to shock the world with this year before --- as so many Rightwingers have told me since the day he died --- he was obviously murdered in order to keep the disturbing truth about Obama's radical past from seeing the light of day!

Thankfully, the folks at BuzzFeed have courageously been able to face down the threat of Obama's thugs in order to help get some of that disturbing truth out to the American people who deserve to know just what kind of a far-Left radical now has his finger on the button!

Now that I've seen this remarkable proof, I understand how Breitbart was totally right! Obama and his leftist friends are just "totalitarian freaks"! What more evidence is needed? In this video, we finally see him, at long last, at his most dangerously radical! As President of the Harvard Law Review (Communist organ, obviously), he is exposed here as posing a menacing threat to all those who don't agree that women and African-Americans should enjoy the same equal rights to tenure at the university as everyone else. Shocking!...

(In all seriousness, it's rather remarkable how the guy in this video from twenty years ago appears to be pretty much the exact same guy now sitting in the Oval Office. I can't imagine I would hold up so well against twenty-year old video. But I'm sure Breitbart would have been able to offer the very same video with a more, um, enlightening context for us all...had he not been murdered to keep him from being able to do so, of course!)

* * *

UPDATE 8:29pm PT: The Breitbarters are yammering that the above video was "selectively edited!!!" Setting aside the hypocrisy of that "outrage", the complete video in question seems to come from a PBS Frontline segment. That shocking segment, plus damning raw video taken for it, is now posted in full below...Sigh...

--- Click here for REST OF STORY!... ---

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Judge issues temporary injunction; Describes law as 'unconstitutional,' 'restrictive,' 'extremely broad and largely needless'...
By Brad Friedman on 3/6/2012 7:50pm PT  

Great news for voters today in Wisconsin, via Project Vote...

Wisconsin voters will not need to show ID to vote in the April 3 primary and local general election, thanks to a Dane County judge who granted a temporary injunction against the new law today.

Circuit Judge David Flanagan called the voter ID measure “the single most restrictive voter eligibility law” in the nation, according to the Associated Press.

“The NAACP’s Milwaukee branch and immigration rights group Voces de la Frontera sued over the law last year. A trial on whether to grant a permanent injunction is scheduled for April 16,” AP reports.

The groups asserted that more than 220,000 eligible voters would be unable to prove identity to vote under the new law.

“The scope of the impairment has been shown to be serious, extremely broad and largely needless,” Flanagan wrote in his court order. “There is no doubt that the plaintiffs have shown a very substantial likelihood of success on the merits.”

The state is expected to appeal the decision.

“It’s a solid victory for voting rights and all voters in the state of Wisconsin,” said Richard Saks, attorney for the NAACP. “It’s a win for the hundreds of thousands who have difficulty or find it impossible to get voter ID under Act. 23,” Saks said.

In granting the temporary injunction, Flanagan's 11-page order [PDF] "concludes that the plaintiffs have demonstrated the probability of success as well as the likelihood of irreperable harm," in their original complaint which is set for trial beginning next month. The case, Milwaukee Branch of the NAACP v. Scott Walker, is based solely on the argument that Act 23 is in violation of the WI state constitution. Flanagan's ruling is grounded in a fundamentally conservative interpretation of the state constitution's guaranteed right to vote, and on historic precendents where the state Supreme Court has decided in favor of that right over legislative laws affecting that right to the disadvantage of the voter.

Today's ruling is the first judicial blow against the vote suppressing law passed by Republicans in the wake of their 2010 electoral victory in the Badger State. There are now at least four different legal complaints filed against Wisconsin's Act 23 challenging both the state and federal Constitutionality of the law. The most recent suit was filed late last month, and detailed by our own Ernest Canning who also calls for the U.S. Dept. of Justice to intervene in the case in order to enforce Section 2 of the Voting Rights Act in Wisconsin, on the basis of racial discrimination.

Late last year the ACLU filed a 54-page federal class action complaint on behalf of some 17 named plaintiffs, including elderly, student, minority and even veteran voters, all of whom may otherwise be unable to cast their once-legal vote under the state's new law passed by its GOP legislature and signed into law by Republican Gov. Scott Walker in 2011.

The lead plaintiff in that case, 86-year old Ruthelle Frank, is disabled and was born at home. She never had a birth certificate. Though she's been legally voting in every election since 1948 and is an elected member of the Brokaw Village Board, she may have to pay more than $200 in order to have a birth certificate created and typos in her name, as recorded by the state registrar, corrected before she can receive the "free" state-issued Photo ID that would allow her to vote under the new law.

Even younger, more able-bodied voters have had problems jumping through some of the hoops required to obtain a so-called "free" ID in Wisconsin, as documented on video tape last summer by a woman attempting to help her son obtain one from the state DMV.

In a small primary in the state late last month, the first full implementation of the statute, a number of voters were reportedly denied their right to vote --- at polling places where they had legally voted for years prior --- after they were unable to present Photo ID which met the state's new draconian restrictions. For now, at least for the upcoming April primary in Wisconsin, those restrictions will mercifully be on hold.

* * *

UPDATE: Flanagan's ruling was extremely powerful and likely very difficult to rebut, short of an out-and-out activist ruling by the Right-leaning state Supreme Court. (They've done it before, so I wouldn't put it past them.) I've posted a few additional snippets from Flanagan's must-read decision in comments below. Our legal analyst Ernest Canning, who has been closely covering the WI challenges to Act 23, has also now rung in with a few more thoughts on Flanagan's decision there as well.

* * *
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By Desi Doyen on 3/6/2012 2:14pm PT  


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IN TODAY'S RADIO REPORT: Iran war talk jacks up US gas prices... while Republicans cheer; VA Supreme Court smacks down climate change denier witch hunt; Meet the 'new normal' for tornado season; PLUS: 2 years after disaster: BP settles with Gulf coast plaintiffs...and gets off pretty easy, so far... All that and more in today's Green News Report!

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'I took the oath to prevent these kinds of laws'...
By Brad Friedman on 3/6/2012 11:48am PT  

55-year old former U.S. Marine Tim Thompson was turned away from the polls today, Super Tuesday 2012, in the state of Tennessee, after refusing to present a photo ID before voting, as required by a new law recently passed by Republicans.

Thompson was documented by videographers attempting to cast his vote under the new polling place Photo ID restrictions instituted by TN's Republican-majority legislature and signed into law last year by the state's Republican Gov. Bill Haslam.

The former Lance Corporal, who left the service in 1978, has lived in Nashville since 2004 when he first cast his vote at the same precinct where he was turned away today. In an act of protest, planned in advance and video-taped by a number of media outlets, Thompson refused to show any more than the voter registration card he has previously used for voting in the state.

Video of the confrontation that ensued is posted below.

"This is my voter registration card," Thompson said as he challenged the poll supervisor. "I've used this for 37 years. This was good enough for my father. This was good enough for my grandfather, and I refuse to show you a picture ID"...

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By Ernest A. Canning on 3/5/2012 4:16pm PT  

Guest blogged by Ernest A. Canning

"When you let university administrators or other employers rather than women and their doctors dictate whose medical needs are legitimate and whose are not, a woman’s health takes a back seat to a bureaucracy focused on policing her body." - Georgetown Univ. Law Student, Sandra Fluke

One unfortunate aspect of the firestorm surrounding Rush Limbaugh's profoundly uninformed, deceptive and misogynistic vitriol and calls for accountability for the Rightwing radio blowhard, is that it has completely overshadowed the substance of Fluke's testimony on the importance of access to prescription contraceptives to women's health.

The Limbaugh firestorm has also overshadowed the fact that the American Taliban (aka the elected Tea Party House Republicans) prevented Fluke from testifying at a House Oversight Committee hearing, framed by the Republican majority as a hearing on "religious freedom", because, as the Washington Post described, "she was not a member of the clergy."

Indeed, while much is made of the fact that the first panel at the 2/16/12 House Oversight Committee examining an issue vital to women's health was all-male, few have taken note that it was also all-clergy. In opening the hearing, Committee Chairman Darrell Issa (R-CA) announced: "Today, the committee will hear testimony from leaders of different faiths."

Not only did the right-wing GOP House leaders fail to so much as recognize Fluke's right to be heard, but, according to Minority Leader Nancy Pelosi (D-CA) (see video embedded in above-linked Washington Post article), they also refused to permit House Democrats to use the House Recording Studio as part of an effort to try and prevent the public from seeing and hearing Fluke's testimony at all. Instead, Pelosi and the Democrats of the Democratic Steering Committee were forced to hold a separate, unofficial "forum", in order to hear Fluke's testimony.

The video of Fluke's opening statement, the testimony that Republicans sought to prevent from being heard at all, is now posted below.

But it is the larger, arguably more disturbing constitutional ramifications of the actions of House Republicans that we'd like to take a moment to highlight on, as they have been almost entirely overlooked in this unnecessary brouhaha...

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By Brad Friedman on 3/3/2012 3:12pm PT  

Late on Friday, the U.S. Dept. of Justice filed an objection in Washington D.C. federal court to new laws limiting voting and voter registration rights in the state of Florida. TPM's Ryan Reilly broke the news just before midnight last night.

The DoJ is said to be calling for a trial in the D.C. court, where the state of Florida had previously filed suit in order to avoid the federal "preclearance" process under the Voting Rights Process for its new restrictive election laws. The new laws institute harsh penalties for third-party voter registration organizations and individuals who fail to turn in new voter registration forms to elections officials within 48 hours of them being completed. The statute would also cut early voting hours nearly in half.

The new voter registration restrictions, passed by Republicans in the state following the 2010 election, has led groups like the non-partisan Florida League of Women Voters, which had been registering new voters in the state for some 70 years, to cancel their registration program citing stiff new penalties which, they say, put the organization and its registration workers at great legal risk. Both the Florida LWV and Rock the Vote, which focuses on voter registration for young voters, have previously filed their own lawsuit challenging the Constitutionality of the new voter registration laws in the state of Florida.

Over the past several months, a number of high-school teachers, incredibly enough, have been charged under the new law for registering their own students to vote. Last November, MSNBC's Rachel Maddow covered the topic in an interview with the Supervisor of Elections of Volusia County, FL, who, though she is a Republican, said she felt "sick to her stomach" after being forced to turn in one of those teachers to law enforcement officials.

On Thursday night, Comedy Central's The Colbert Report ran a somewhat more amusing, if equally disturbing, take on the issue, focusing on one of the teacher's snagged by Florida law enforcement for "voter registration fraud" under the draconian new restrictions...

Section 5 the Voting Rights Act (VRA), requires certain jurisdictions, including parts or all of 16 different states with a history of racial discrimination, to receive "preclearance" from the DoJ for all new election-related laws, or otherwise receive approval for the new laws from the federal district court in D.C. During the DoJ preclearance process for Florida's new laws, the agency requested more information about them from the state, which includes five difference "covered" counties. Instead of responding, Florida decided to avoid DoJ judgment all together by taking their case directly to the D.C. court instead.

According to TPM's Reilly, the DoJ stated in their filing in that same court last night...

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By Brad Friedman on 3/2/2012 11:52am PT  

I can't tell you how bored I am with the current, endless, ridiculous, if occasionally hilarious, GOP nomination process. Oops, I just did.

So with that, I'll note here that I've been predicting for months --- long before anybody seemed to be mentioning it (as I now hear it more and more each day), and when I was even ridiculed for the suggestion --- that there was a better than 50% chance we'd see a brokered GOP convention in Tampa this August. I have long been further suggesting that there was also a better than 50% chance that the ultimate nominee would be someone other than the 10 or so lead candidates running at the time of my original prediction.

I see no reason to modify any of those fairly conservative and, I think, pretty reasonable, predictions now. But let's see what you guys think. We can look back at your thoughts once the convention rolls around...

WHAT WILL OCCUR AT THE 2012 GOP CONVENTION?
View Results

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By Brad Friedman on 3/1/2012 11:14pm PT  

I was on The Young Turks' panel show The Point this week. "Sexy Liberal" comedian (and one of your best bets on Twitter), John Fugelsang, was guest-hosting for Cenk Uygur and the show was largely election and voting related. So, as you can imagine, occasionally, I had an opinion or two.

Topics ranged from Rocky Anderson to Ron Paul to why elections are held on Tuesday and if they still should be, among other things. The other panelists (both Right-leaning) included PJTV's Alexis Garcia and comedian Avi Liberman. Enjoy!...

* * *

UPDATE 3/2/12, 9:40am PT: "The Amazing Atheist's" legion of fans (yes, he's some sort of YouTube star, as noted during the show) are furious with me, apparently, for my remarks directed towards TAA's comments in his video clip as seen during the show above. They have taken to YouTube comments to express their derision, including many on my lack of understanding of our system of democracy, etc, etc. BTW, to be fair, since I didn't get to specifically answer the Electoral College question during the panel discussion, and otherwise wasn't able to fully expound on my third-party thoughts there (and neither was TAA able to respond directly at all to any of our thoughts, due to the way the format works on The Point), I've let TAA, as well as the The Young Turks folks know that I'm more than happy to go one-on-one with TAA and his legion of followers live, anytime, if they are ever interested and feel like hosting such an affair.

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By Desi Doyen on 3/1/2012 2:34pm PT  


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IN TODAY'S RADIO REPORT: March roars in like a lion, bringing an early tornado season; Good news for breathers: Chicago coal plants to shut down; Americans belief in global warming rises with the temperature; Controversial Keystone XL pipeline would raise US gas prices; PLUS: Obama says no more free taxpayer money for Big Oil ... All that and more in today's Green News Report!

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By Brad Friedman on 3/1/2012 12:00pm PT  

On the day that news of Sen. Ted Kennedy's death hit after decades of service to his nation, Andrew Breitbart took to Twitter to call him a "duplicitous bastard," "a prick," and, "a special pile of human excrement."

Breitbart died here in Los Angeles last night, reportedly of "natural causes," sometime after midnight. He leaves behind a wife and four children. He was 43.

His legacy will speak for itself. It need not be embellished. Though, undoubtedly, it will be. Just not by us. We don't do that here.

We've covered his work honestly, accurately and fairly over the years in more articles than we care to remember and certainly more than we cared to write. It was a courtesy he did not reciprocate. Each time we wrote about him or even spoke of him, it was reluctantly, as it is today. Our interest in Breitbart was never in him, no matter his, or his followers, misguided beliefs to the contrary. Our interest was only in the failures of the mainstream corporate media that he, ironically enough, helped to highlight, and in our hopes of standing up for those he'd harmed.

While pretending to point out "liberal media" bias, what Breitbart ultimately served to do was highlight the corporate media's cowardice, laziness and penchant for trusting in scoundrels. Oddly, that may have been exactly what he wanted to do --- just not in the way he had hoped...

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By Ernest A. Canning on 2/29/2012 3:35pm PT  

Guest editorial by Ernest A. Canning

Last September's hearings before the U.S. Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights established that polling place photo ID restriction laws have nothing to do with eliminating "voter fraud."

They are, instead, part of what Judith Browne Dianis, a civil rights litigator at The Advancement Project, described at the time as the "largest legislative effort to roll back voting rights since the post-Reconstruction era" --- part of the partisan, multi-state effort by the billionaire Koch brothers-funded, Paul Weyrich co-founded American Legislative Exchange Council (ALEC)-fueled GOP exercise in voter suppression. Her testimony established, yet again, that such laws have a disparate impact upon minorities, the poor, the elderly and students (all of whom happen to have the unfortunate tendency of voting Democratic).

Despite the national nature of this coordinated, well-documented and well-funded assault on minority voting rights, so far the U.S. Department of Justice (DoJ) has confined its legal response to such newly-enacted laws to only the small number of "covered" jurisdictions, for example, South Carolina, that are subject to Section 5 of the Voting Rights Act (VRA). That section of the law requires federal preclearance for new election-related laws in those "covered" jurisdictions, since they each have demonstrated a long history of racial discrimination.

The narrow action taken by the DoJ to date, as based only on Section 5 of the VRA, could all change if they took the time to study the content of the new complaint, Jones v. Deininger [PDF], as filed last week in the U.S. District Court for the Eastern District of Wisconsin. The complaint alleges that Wisconsin's new polling place photo ID law ("Act 23") "is a voter suppression law that burdens African-American and Latino voters most heavily [which]...results in them having 'less opportunity than other members of the electorate to participate in the political process and to elect representatives of their choice,' and, thereby, constitutes a denial and abridgment of their right to vote in violation of Section 2 of the Voting Rights Act."

The complaint in Jones, which was signed by attorney Charles T. Curtis, Jr. of Arnold & Porter, LLP, seeks to enjoin the implementation of Wisconsin's Act 23 and a declaration that it violates Section 2 of the VRA. When asked whether he contemplates seeking a preliminary injunction on the new law prior to the next election, Curtis was only able to tell The BRAD BLOG at this time that they "want to move the case as quickly as the Court will allow, and plan to request a pretrial conference to discuss motion and briefing schedules."

The additional question remains, however, will the U.S. DoJ defend federal law by opting to join this lawsuit as a plaintiff?...

--- Click here for REST OF STORY!... ---

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