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With Brad Friedman & Desi Doyen...
By Desi Doyen on 12/28/2010 1:42pm PT  


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IN TODAY'S RADIO REPORT: Hot (yes, hot) winter weather across the Northern Hemisphere; EPA moves forward on regulating greenhouse gases; Breaking China's monopoly on rare earth's? ... PLUS: Surprise, surprise: the more you watch Fox "News", the less you know .... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): The reactor on your roof: Caltech breakthrough uses solar power to generate liquid fuel; Fmr. Shell president predicts $5-a-gallon gas by 2012; EPA develops neurotoxicants list; Obama admin takes aim at China’s renewable-energy subsidies;New House Science chair praises ‘tremendous’ BP spill, plans to subpoena climate scientists; WikiLeaks: Africa Offers Easy Uranium; 10 Green New Year's Resolutions ... PLUS: The "most heinous climate villains" of 2010 ....

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Contests 'vague voter intent' determinations, reliance on Diebold op-scan tallies on Constitutional grounds
But GOP candidate's decision to drop contest of Murkowski certification could prove fatal to overall case...
By Brad Friedman on 12/27/2010 6:53pm PT  

[Update 12/28/10: Federal judge dismisses Miller's complaint. Details now here...]

"We want the end result of this legal action to be for the people of Alaska to not only have full faith in the outcome of this race, but a confidence in the manner in which elections will be conducted in our state in the future," Alaska's "Tea Party"-supported, Sarah Palin-endorsed GOP candidate for the U.S. Senate, Joe Miller said in a statement today calling for "fairness and transparency" in the election process, issued after filing an amended complaint in federal court. His statement concludes with the simple sentiment: "Election integrity is vital."

Miller has decided to press on in his election contest against the state's Lt. Governor Mead Treadwell and their Division of Elections (DoE), as overseen by Treadwell, by filing a Substitute Amended Complaint for Injunctive and Declaratory Relief in U.S. District Court in Alaska today. The filing comes after resounding losses in state court and --- if the state's hand-count of write-in ballots and the Diebold optical-scanner tallies of all the other ballots are to be believed --- to Republican write-in candidate Sen. Lisa Murkowski in November's general election for the U.S. Senate. As the unofficial state count now stands, Murkowski reportedly defeated Miller (and Democratic candidate Scott McAdams) by more than 10,000 votes.

In the statement (posted in full at end of this article) Miller explains that his team has decided to forgo challenging Murkowski's official certification as the winner, allowing her to be seated in the U.S. Senate on January 5th.

"The integrity of the election is vital and ultimately the rule of law must be our standard. Nevertheless, I have also decided to withdraw our opposition to the certification of the election, ensuring that Alaska will have its full delegation seated when the 112th Congress convenes next month." he said, "This decision will allow Alaskans to focus on bringing fairness and transparency to our elections process without distraction of the certification issue."

But Miller's decision to drop his challenge to Murkowski's seating may prove to be a fatal blow to his case --- at least if precedent set by Republicans in Congress some years ago, ironically enough, is any indication. But more on that below.

After winning the GOP nomination against Murkowski, and then reportedly losing to her unprecedented write-in bid in November, Miller originally filed his election contest in federal court in November. U.S. District Court Judge Ralph Beistline subsequently responded by sending the case down to state court for initial adjudication on relevant issues of state law. Late last month, Beistline temporarily halted state certification of the race until those issues were decided, and last week the state's Supreme Court rejected Miller's appeal, siding with the state, on all counts.

Beistline had given Miller until today to re-file his amended complaint in federal court. His filing now includes just three counts asserting violations of the U.S. Constitution's "Election Clause" and "Equal Protection Clause" as based on both the DoE's liberal interpretation of state law in counting write-in ballots, as well as the disparate weight the hand-count of those ballots was afforded, versus those tallied by Diebold optical-scanners in the case of "pre-printed" candidates...

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By Brad Friedman on 12/27/2010 1:09pm PT  

As this noteworthy New York Times editorial was buried by its publication on Christmas Day, it's worth highlighting here today in hopes that a few more folks may actually read it.

To date, the lack of alarm (by both media and, subsequently, the public) caused by the idea of major U.S. financial services companies serving as little more than instruments of unofficial U.S. governmental policy is troubling enough as is. That WikiLeaks, the organization being outrageously penalized by these enormous corporations, has been been charged with absolutely no violation of law, makes the actions of these banks even more extraordinary and chilling.

And finally, the entire affair is made most disturbing of all, perhaps, due to the fact that in 2010 none of this seems to come as much of a surprise to anybody, as reflected by the lack of concern expressed in the bulk of the mainstream media and, therefore, by the populace at large (most of whom, thanks again, MSM, likely have no knowledge of any of it, or why it's extraordinary in the first place)...

The whistle-blowing Web site WikiLeaks has not been convicted of a crime. The Justice Department has not even pressed charges over its disclosure of confidential State Department communications. Nonetheless, the financial industry is trying to shut it down.

Visa, MasterCard and PayPal announced in the past few weeks that they would not process any transaction intended for WikiLeaks. Earlier this month, Bank of America decided to join the group, arguing that WikiLeaks may be doing things that are "inconsistent with our internal policies for processing payments."
...
[A] bank's ability to block payments to a legal entity raises a troubling prospect. A handful of big banks could potentially bar any organization they disliked from the payments system, essentially cutting them off from the world economy.

The fact of the matter is that banks are not like any other business. They run the payments system. That is one of the main reasons that governments protect them from failure with explicit and implicit guarantees. This makes them look not too unlike other public utilities. A telecommunications company, for example, may not refuse phone or broadband service to an organization it dislikes, arguing that it amounts to risky business.
...
The decisions to bar the organization came after its founder, Julian Assange, said that next year it will release data revealing corruption in the financial industry. In 2009, Mr. Assange said that WikiLeaks had the hard drive of a Bank of America executive.

What would happen if a clutch of big banks decided that a particularly irksome blogger or other organization was “too risky”? What if they decided — one by one — to shut down financial access to a newspaper that was about to reveal irksome truths about their operations? This decision should not be left solely up to business-as-usual among the banks.

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By Brad Friedman on 12/25/2010 12:01am PT  

Someday. How about today?

With love and best wishes to you and yours...

From All of Us Here at The BRAD BLOG...

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By Brad Friedman on 12/24/2010 3:28pm PT  
NORAD: Loses Contact With Santa Over Pakistan

Islamabad, Pakistan: December 24 - America's NORAD tracking facilities in Virginia confirmed that at 2:06 PM today they lost contact with Santa Clause's sleigh. At the time the signal showed Santa's slay over the autonomous tribal regions that share a border with Afghanistan.

"We have no further information at this time," said a NORAD spokesman. "The last transmission we had from Santa was when he filed his flight plan upon leaving Iranian airspace headed for Afghanistan. We had issued Santa the standard travel warnings about the region, but he insisted on keeping to his traditional flight track."

Pentagon sources, who asked to remain anonymous, said a CIA listening post on the Afghan/Pakistan border picked up a garbled distress call around the time NORAD lost Santa's signal. "It was barely legible," the sources said, "but there was something about going down and something about a drone. After that all we heard were jingle bells ringing like holy hell followed by twelve 'splat-like" sounds and then silence."
...
As we went to press al Qaeda in Pakistan issued a statement on Santa's disappearance.

"The infidel Claus was struck from our skies by the hand of Allah who caused a US drone to fire on his craft. Our fighters reached the crash site and report that reindeer taste like goat, but tougher. The infidel Claus is alive and is being held for interrogation. Our demands for his release will follow shortly. In the meantime, thanks for the printer cartridges. As for the mens' underwear, we clearly asked for briefs, not boxers. You are not only infidels but also stupid."

Full report...

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By Brad Friedman on 12/24/2010 1:59pm PT  

Well, that's it. I've changed my position! WikiLeaks has finally gone too far!


[Hat-tip to "Cedar Park".]

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By Brad Friedman on 12/23/2010 4:52pm PT  

A "turducken" is defined by Wikipedia as "a dish consisting of a de-boned chicken stuffed into a de-boned duck, which itself is stuffed into a de-boned turkey." Sounds pretty close to what we've just witnessed in the closing hours of the 111th Congress.

Conventional wisdom, at least that flogged by the MSM over the last 24 hours or so, has it that somehow Democrats shocked the nation by finally stepping up their game and doing the extraordinary in the lame duck session by passing an unprecedented number of their hard-fought initiatives, many thought to have been otherwise dead (or waiting for reconsideration in the next, more heavily Republican-weighted Congress).

Not to be a contrarian here, or even a Christmas curmudgeon, but while the Democrats deserve credit for hanging in there on a number of important initiatives, rather than tossing up their hands and walking away in the face of unprecedented, historic obstructionism by the GOP, it's a fact that the major legislation finally passed can hardly be seen as any sort of "progressive," or even "liberal," victory. It all may well represent a Democratic victory, if a short-lived one, but that only demonstrates how successful Republicans have been in pushing Dems far to the right, and how willing Democrats are these days to celebrate the passage of center and center-right (and even hard-right) legislation, almost all of which was depressingly low-hanging holiday fruit to begin with...

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

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With Brad Friedman & Desi Doyen...
Green Christmas edition!
By Desi Doyen on 12/23/2010 1:19pm PT  


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IN TODAY'S RADIO REPORT: Paging Erin Brokovich: carcinogen found in tap water in 31 U.S. cities; California leads the way - again - this time on cap-and-trade; Not to mix metaphors, but there's a silver lining to that lame duck ... PLUS: Having a little fun over Christmas with your climate denier relatives ... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Climate Change and 'Balanced' Coverage; Deep doo doo: What warming of 2C looks like; Undermining China's stranglehold on rare earth elements; BP Gulf Disaster: Conflict of interest questions raised in blowout preventer testing; Land grab: Foreign investors evicting African farmers; Green Marines: U.S. Military Sees Great Value in Distributed Renewable Energy; Have a 'greener' Christmas! ... PLUS: Burying the Lede: We May Hit 400ppm by 2014: A Scientist, His Work, and a Climate Reckoning ....

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By Brad Friedman on 12/22/2010 8:56pm PT  

As largely expected, the Alaska Supreme Court has rejected GOP U.S. Senate candidate Joe Miller's contest against the Division of Elections, which has unofficially determined write-in candidate Sen. Lisa Murkowski bested both Miller and Democratic candidate Scott McAdams on November 2nd.

Via Sean Cockerham at Anchorage Daily News...

The Alaska Supreme Court today ruled against Joe Miller on all counts, a decision that leaves his challenge of Sen. Lisa Murkowski’s victory on life support.

“There are no remaining issues raised by Miller that prevent this election from being certified,” the Supreme Court declared in its unanimous ruling.

Murkowski leads Miller by more than 10,000 votes. Miller is quickly running out of options but he still has a chance to press his claim in federal court.

U.S. District Court Judge Ralph Beistline today gave Miller until Monday morning to argue the federal courts should take up any remaining constitutional issues.
...
Miller has indicated he might fight the election all the way to the U.S. Supreme Court. But his spokesman said today that Miller is weighing his next move.

See Cockerham's ADN article for more details on the high court's findings.

Here's Miller's original state complaint [PDF], his appeal to the AK Supreme Court [PDF] and the AK Supremes' 24-page ruling [PDF] on it (which we haven't gotten to read in full yet, so we may update based on our review.)

And here's our detailed report from yesterday, describing the general issues at stake, and offering what seems to have been a pretty accurate preview of what the court appears to have decided today. The decision once again leaving thousands of paper ballots completely unexamined by human eyes, tallied only by oft-failed, easily-manipulated computer systems, just as NY's highest court did earlier this week in a race that was far closer than the Miller/Murkowski/McAdams race.

The fight to see paper ballots actually be counted --- as per Democracy's Gold Standard --- continues.

* * *
Please support The BRAD BLOG's fiercely independent, award-winning coverage of your electoral system, as available from no other media outlet in the nation, with a donation to help us keep going (Snail mail, more options here). If you like, we'll send you some great, award-winning election integrity documentary films in return! Details right here...

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VIDEO: David Swanson's L.A. book event for 'War is a Lie', with Lila Garrett, Jason Leopold, Brad Friedman...
By Brad Friedman on 12/22/2010 4:05pm PT  

On the day it was published, David Swanson guest blogged here about his new book, War is a Lie. A few days later, while I was guest hosting the Mike Malloy Show he and I had a spirited debate about one aspect of the general premise of the book.

And last Sunday, the good Mr. Swanson came to Los Angeles for a book event at the home of actress and PDA advisory board chair Mimi Kennedy where I joined him, along with KPFK's Lila Garrett and Truthout's Jason Leopold, on a panel to discuss it.

The over-flow event --- impressive for any day in laid back L.A., much less in the middle of record rainfall --- was video-taped and is now posted below in seven parts, if you're interested.

(If you're looking for me in the videos below, my opening statement is near the beginning of Part 3, and my closing statement is in Part 7, beginning just before the 4 minute mark. As mentioned in my remarks, please support independent media and, along with it, the truth. You can help do so, among other ways, by buying David's book here.) Enjoy...

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

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In public, and hopefully on Election Night...
By Brad Friedman on 12/21/2010 7:45pm PT  

[Update 12/22/10: Alaska Supreme Court decides against Joe Miller on all counts. Details here...]

* * *

Having paper ballots is one thing. Seeing them actually be counted, unfortunately, continues to be quite another matter.

For those of you who may not understand why it's not enough to merely have hand-marked paper ballots that are tallied only by oft-failed, easily-manipulated computers --- even if those paper ballots could be counted by human beings "in the event there are questions about the results", as supporters of such systems like to say --- need look no further than the extraordinary finding on Monday from New York's highest court, its Court of Appeals.

And, for that matter, what is likely to happen in Alaska very soon, where Republican Joe Miller continues to wait for a similar decision from that state's Supreme Court in his fight for a hand-count of all paper ballots in his still-uncertified U.S. Senate race against Republican write-in candidate Lisa Murkowski and Democratic candidate Scott McAdams...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 12/21/2010 1:15pm PT  


TWITTER: @GreenNewsReport
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IN TODAY'S RADIO REPORT: The Planet strikes back in 2010 --- and packs a winter wallop; More Wikileaks: sneaky moves on biotech crops and climate negotiations; Evangelical Christianity's War on Environmentalists begins; PLUS: Which is better --- real or fake? Christmas trees, we're talking about Christmas trees! .... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Carcinogen found in drinking water of 31 U.S. cities; Ocean acidification may disrupt the marine nitrogen cycle; GM launches new electric hybrid car in US; New federal efforts to control Asian Carp insufficient: states; 'Shark finning' ban passes House; CA to launch cap-and-trade system; Investigative Jounalist Greg Palast, busted by BP in Azerbaijan; EPA ethanol move slammed by auto, boat manufacturers; Mexico oil pipeline blast kills at least 28; Toxicologist says LA seafood may not be safe for children ... PLUS: The Science of Cities: the future or a dead end? ....

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Featuring interviews with Coleen Rowley, Daniel Ellsberg & more...
By Brad Friedman on 12/20/2010 3:10pm PT  

...is posted below, commercial-free, in case you missed it the first time around when it ran live, as guest hosted by yours truly.

Lots of important stuff discussed, much of which, I predict, will be worth remembering in the days, weeks, months (and possibly even years) ahead as the fallout continues around WikiLeaks (the new new media), and as the outrageously irresponsible governmental/state media assaults against both WikiLeaks founder Julian Assange and alleged leaker PFC Bradley Manning continue to disinform the American people.

[My thanks also to Daily Kos blogger "cedar park" for picking up Friday's show and letting folks over there know about it over the weekend.]

Listen to each 38-minute "Hour" online below, or right-click "Download MP3" and select "Save Target As..." to save it to your hard drive for listening later.

HOUR 1: The FBI's 9/11 whistleblower and TIME's 2002 Person of the Year, Coleen Rowley, joins us for a very compelling hour, literally on her way home from her arrest at the White House Thursday while protesting war crimes and rallying in favor of the exposure of war crimes via WikiLeaks, and in support of alleged leaker PFC Bradley Manning; We also discuss her recent LA Times op-ed asserting that WikiLeaks might have helped to avert 9/11, her concerns about federal whistleblower legislation just passed by the U.S. Senate and much more...
Download MP3 or listen online below...

HOUR 2: ...Rowley (and the 17 compatriots in her van heading back to MN with her) continue with us for a few more minutes. Then we take some calls and offer some thoughts on the allegations made against Julian Assange and the deplorably inhumane captivity of Bradley Manning.
Download MP3 or listen online below...

HOUR 3: We play some clips in support of Manning from my recent interview with "Pentagon Papers" whistleblower Daniel Ellsberg, as well as from the interview with 27-year CIA analyst Ray McGovern by CNN's Don Lemon, along with their official statement in response to my recent critique of that interview where they irresponsibly smeared Assange as a "terrorist" despite his having been charged with no crime nor having killed a single person. Plus more listener phone calls on all of the above...
Download MP3 or listen online below...

* * *

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By Brad Friedman on 12/19/2010 7:35pm PT  

Both of these are rather ingenious. Both well worth watching. The first one makes an absolutely brilliant point, though you must wait until the very end to hear it. I hope you will. It also has the added benefit of making Alex Jones fans very happy as well, no doubt :-) ...


This one is mostly just terribly clever and toe-tappingly fun, but also includes some smart points [Hat-tip to @JeannieDean via Twitter]...


And with all of that now out of the way, I hope, if you haven't already, you'll give a listen to some of my coverage on all of the above on last Friday's Mike Malloy Show from quite a few different angles, including interviews with some of the most knowledgeable former-insiders and whistleblowers who know of what they speak.

The complete, commercial-free audio of the show is now posted here. I think you'll enjoy it. (Also, my thanks to dKos blogger "cedar park" for highlighting some of it for readers over there yesterday!)

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6th Circuit fails to note conflicting 11th Circuit ruling; Leaves open possible loss of privacy rights via 'national security' allegations, fine print of ISP 'user agreements'...
By Ernest A. Canning on 12/19/2010 12:44pm PT  

Guest blogged by Ernest A. Canning

The government may not access your private emails without a warrant, says the US Sixth Circuit Court of Appeal.

In a landmark Dec. 14, 2010 opinion, United States vs. Warshak [PDF] an appellate court invalidated provisions of the 1986 Stored Communications Act to the extent that the Act permitted the government, without a warrant, in violation of the Fourth Amendment right against unreasonable search and seizure without probable cause, to obtain electronic communications from an ISP (Internet Service Provider), stating [emphasis added]:

Since the advent of email, the telephone call and the letter have waned in importance...People are now able to send sensitive and intimate information, instantaneously…half a world away….By obtaining access to someone’s email, government agents gain the ability to peer deeply into his activities...The Fourth Amendment must keep pace with the inexorable march of technological progress, or its guarantees will whither and perish.

Civil libertarians have cause to celebrate the Sixth Circuit's ruling this week, as well as an earlier Third Circuit decision [PDF], reaffirmed [PDF] this week, finding that a federal magistrate has the right to make a factual determination whether the government is required to get a court warrant to obtain cell-site information that mobile-phone carriers retain on their customers.

However, an assertion made by the Electronic Frontier Foundation (EFF), which had filed an amicus curiae (friend of the court) brief, applauding the Warshak decision as "the only federal appellate decision currently on the books that squarely rules on this critically important privacy issue" is not entirely accurate. Moreover, concerns remain as to the scope of the Fourth Amendment protection that will be afforded by the Warshak decision...

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

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