Guest blogged by Ernest A. Canning

Since taking power in statehouses across the nation in 2010, Republicans have been feverishly implementing new restrictions on democracy in advance of the 2012 Presidential election. A number of those laws, clearly --- and often deceptively --- designed to carve out blatant partisan advantage for the GOP next year, were examined during a recent hearing by the U.S. Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights. The video of the hearing on "New State Voting Laws: Barriers to the Ballot" can be viewed here.

This is the second of our two-part analysis of the hearing.

In Part 1, we covered the subcommittee's examination of new polling place photo ID restrictions designed to make it more difficult for lawfully registered (and disproportionately Democratic-leaning) voters to cast their ballots at the precincts on Election Day. That issue --- which included some devastating cross-examination of long-time GOP "voter fraud" front-man Hans Von Spakovsky by Sen. Al Franken (D-MN) --- was the first of three categories, as defined by committee chair Sen. Dick Durbin (D-IL) of new state voting laws covered in the hearings. All of the new voter suppression laws have been recently rammed through Republican-majority statehouses across the country.

In this concluding piece, we will cover the two additional categories examined: laws erecting barriers to the ability of individuals and non-partisan, non-governmental organizations to offer convenient registration for new voters and laws imposing significant reductions on early voting periods. Both are likely to restrict the number of voters able to cast their lawful vote in 2012 and, again, each is likely to disproportionately affect Democratic-leaning voters.

Finally, We'll also touch upon the status of legal challenges to these new laws by democracy proponents and challenges to the Voting Rights Act itself by operatives on the Right. Moreover, it's impossible to look at any of these issues without drawing inferences about what the combination of new laws in all three categories means, particularly in light of the fact that the models for these new laws were drafted by the billionaire Koch brothers-funded, Paul Weyrich co-founded American Legislative Exchange Council (ALEC)...

[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!...

Last week, in a unanimous verdict, the U.S. Supreme Court limited the use of "honest services fraud" by federal prosecutors in cases that do not include bribery or kickback as part of that charge. The specific case considered by the court was focused on the convictions of Enron's Jeffrey Skilling, who is likely to see part of his conviction overturned by the decision.

How will that SCOTUS ruling affect the appeals in the cases of Alabama's former Democratic Gov. Don Siegelman and Mississippi's once-powerful Democratic attorney Paul Minor, both of whom were targeted with apparent political prosecution by Karl Rove and the Bush Administration's politicized US Attorneys?

Larisa Alexandrovna and Muriel Kane at RAW STORY take a look at the still-uncertain future in both of their cases...

UPDATE 6/29/10 SCOTUS vacates Siegelman conviction, remands case back to appellate court! Great news, if not yet a full victory. Details at RAW STORY...

UPDATE 7/5/10 Brad's exclusive interview discussing all of the above with Siegelman on the Mike Malloy Show...

The BRAD BLOG's previous, years-long coverage of the disturbing Siegelman and Minor cases can be perused here...

Tale of @TheBradBlog's tweets from this morning...

11:23am PT:

11:23am PT:

11:25am PT:

11:25am PT:

11:26am PT:

11:26am PT:

11:29am PT:

And now, some of the replies from the "conservatives" who quickly responded to the above --- kept below the fold since their responses are so very "conservative" and classy!...

More disturbing news for voters who are forced to rely on the historically dreadful ES&S electronic voting system, this time in Alabama, on the paper-ballot system in Autauga County which uses a computer to tally votes:

[Hat-tip Joyce McCloy of Voting News.]

Guest Blogged by Rebecca M. Abrahams

Two weeks ago Washington Post reported that U.S. District Judge Emmet G. Sullivan named federal prosecutor Henry Schuelke to investigate whether gross prosecutorial misconduct tainted the government's case against now-former Republican Senator Ted Stevens of Alaska. At issue, whether prosecutors withheld critical evidence from the defense or whether the case was improperly handled under pressure to meet deadlines.

US Attorney General Eric Holder, in a stunning move, threw out the government's corruption case against Stevens last April and issued the following statement:

Holder also relocated attorneys who worked on the case including William H. Welch II, who ran the Department's public integrity unit.

WaPo failed to report that William Welch is currently under criminal contempt of court for his role in the case against Stevens. Welch was also involved in the prosecution of former Alabama Governor Don Siegelman. Siegelman was convicted of bribery in 2006 and served nine months in prison before his release was ordered pending appeal.

Despite Welch's pending legal issues, his name continues to be listed on recent filings in Siegelman's case. Siegelman finds this "quite curious as he's been hot after my prosecution for a good long time now."

Aside from alleged governmental misconduct in the Siegelman case, there are paramount legal issues that have been recognized by 91 former State Attorneys General and a group of First Amendment law professors across the country. And yet, while the DOJ is making a point to review Republican cases, not one case against a Democrat has been completely overturned and, as Siegelman told me in a recent interview, he believes very little has changed at the department, other than the names "at the top"...

Guest blogged by Emily Levy of VelvetRevolution.us
[UPDATED by Brad Friedman, 12/12/09, 12:02pm PT]

The federal bribery convictions of Paul Minor, an influential Democratic donor and attorney from Mississippi, and several others have been overturned by the Fifth Circuit of Appeals. Critics of the Bush Administration's Dept. of Justice have long charged that Minor's prosecution, along with those of many other powerful Democrats, such as former Alabama Gov. Don Siegelman, were politically motivated and directly manipulated by Bush political operative Karl Rove.

Earlier this year, Velvet Revolution's RestoreJusticeAtJustice.com campaign called on the Obama Administration's Dept. of Justice to review all such prosecutions by their predecessors, and to vacate any that are found to have been politically motivated. [Disclosure: The BRAD BLOG is a co-founder of VR]

The Jackson Free Press has the details on the court's finding overturning the "bribery" counts of Minor and a number of former judges found guilty in the same trial, after improper instructions were found to have been given to the jury by trial Judge Henry Wingate who also sat on Minor's motion to be released during the appeal, even as his wife was dying from terminal cancer...

[Update 7/24/09: I interviewed Seigelman on Thursday about these matters and the latest status of his case, while Guest Hosting The Mike Malloy Show. Listen to the interview right here. Select Hour 2 audio archive.]

How it's even possible that former Alabama Governor Don Siegelman's bribery case and conviction has not long ago been dropped by the Dept. of Justice is beyond us. There is now so much evidence of clear conflicts of interest, overt partisan political prosecutorial targeting, failures to recuse by at least one conflicted prosecutor as well as the judge in the case, evidence withheld from the defense team, and now evidence of the coaching and strong-arming of witnesses in exchange for a lighter prison sentence and a promise to conceal embarrassing personal information, it all makes the prosecutorial misconduct in the case of former Alaska Senator Ted Stevens --- a Republican whose case was dropped by Obama's Justice Dept. shortly after they came to power --- look like jaywalking.

Official declarations filed along with a recent motion by Siegelman, requesting a new trial in light of the new evidence, reveal what seems just the tip of the iceberg of a flagrant and wholly inappropriate case of wide-spread prosecutorial misconduct. The allegations (with much evidence to back them up) paint a compelling picture of an illegally targeted political prosecution/witch-hunt carried out by Karl Rove and his Alabama-based Dept. of Justice cronies in an attempt to remove Alabama's most popular Democrat from the political grid all together.

The scheme worked, as Siegelman is currently fighting his conviction on appeal and --- now armed with new evidence gathered by the defense team of fellow defendant Richard Scrushy, the man alleged to have "bribed" Siegelman --- is calling for a completely new trial. The government is to answer Siegelman's motion next week, and the decision will be made by the same federal U.S. District Court judge, Mark E. Fuller, reported to have severe conflicts of interest in the entire case, including a specific "grudge" against Siegelman.

The new declarations, believed to be posted here publicly in full for the very first time ( PDF links follow below), reveal a startling case of inappropriate misconduct by federal investigators, as Siegelman's former aide Nick Bailey, the government's star witness against him, is revealed to have been "coached and cajoled and threatened," as Siegelman's late June motion for a new trial describes it, throughout some 70 interviews and phone calls. Bailey, the documents describe, was said to have been frightened for his life and facing a possible years-long sentence in federal prison, if he failed to testify precisely as investigators had required him to.

The investigators went so far as to require Bailey to write down his testimony after he had failed, time and again, to offer the same answers to prosecutors' questions during undisclosed interviews. Yet, evidence of that coaching was allegedly concealed from the defense, according to the new documents and testimony, in violation of federal law, and in what appears to directly parallel the precise reasons for the dismissal of the Stevens case in Alaska.

Siegelman tells The BRAD BLOG that after the years-long prosecution, this is the first time the information has come to light about coached witnesses, and undisclosed documentation of government interviews.

Star witness Bailey, who testified that he saw Siegelman in receipt of a $250,000 check alleged to have been a "bribe" from Scrushy --- a check that was actually dated several days later than the day Bailey testified he saw it in the hands of the Governor --- is said to have been so unable to remember the specific details prosecutors wanted him to testify to, that he was given written questions and instructions to write down his answers to practice for the actual trial. He was, according to the new documents, told quite specifically how to answer questions.

The hand-written notes from Bailey's attempts to memorize his testimony to the satisfaction of prosecutors is said, in the new affidavits, one from Baily himself, to have included a page in which he responded to the government's specific instructions by hand-writing "bullshit," in response, on one of the undisclosed pages.

A complete notebook of those hand-written documents and other records of interviews with Bailey was apparently never given to the defense teams in either the Siegelman case or in Scrushy's, who also filed a motion for a new trail in late June...

[Update: Be sure to read Lori Minnite's explanation in comments of what seems to have happened here. Details at bottom of article.]

Unless I'm missing something here (please let me know if I am!) it doesn't appear that the DoJ "dropped" charges against the RNC's alleged 2002 NH election "phone-jammer," James Tobin, as is currently being described in news accounts, and via several emails I've received alerting me to the story.

From my read of AP's coverage, and several others, it looks like the DoJ lost their original New Hampshire case, and then recently saw the appeal of a refiled case, with a different focus (lying to federal investigators) in Maine, "dismissed" by the U.S. Circuit Court of Appeals in Boston.

Losing, and/or being dismissed, seems a far cry from the feds having "dropped" the case, as AP's headline, run at NY Times and elsewhere described it ("Feds Drop Phone-Jamming Case Against GOP Organizer"). TPM's Zachary Roth also seems to have picked up the AP/Times "dropped" meme to headline his version of the story as: "Feds Drop New Hampshire Phone-Jamming Case".

The full AP version of the story uses "drop" or "dropped" three times in the headline, the sub-headline, and in the first graf...

Speaking of VR's DisbarTortureLawyers.com campaign, unleashed earlier this week, with quite a bit of fanfare in the corporate media (see our coverage here), VR's previous, and still on-going campaign, launched several weeks earlier, RestoreJusticeAtJustice.com (as originally discussed on The BRAD BLOG here) made the latest cover of Bush's one-time "hometown" newspaper, Crawford's Lonestar Iconoclast.

Yours truly is liberally quoted throughout Nathan Diebenow's fine coverage which is posted in full right here...

[Full Disclosure: The BRAD BLOG is co-founder of VelvetRevolution.us]

For those who have wondered (particularly when looking at the incredible miscarriages of prosecutorial injustices and improprieties in cases like Gov. Siegelman's), no, Obama has yet to replace Bush's partisan U.S. Attorneys, incredibly enough. But he will, says AG Holder, according to Politico...

Gosh. Take your time, kids. Although, in fairness (where any may be due here), the following bears keeping in mind...

Incredibly, the Bush-appointed prosecutors in the Siegelman case (who are, inexplicably, still on the job!) have now requested an even longer sentence for the former Democratic Gov. of Alabama who was railroaded as part of a Rove-led political prosecution.

RAW STORY offers the amazing details on the twenty-year sentence now being sought by the federal prosecutors to replace the seven years he was originally screwed with. The entire prosecution needs to be entirely thrown out, just as the case against Republican Sen. Ted Stevens was.

And where is AG Eric Holder in all of this? I'd sure as hell love to know, as I asked in my April 13th letter to him on behalf of VR's Restore Justice at Justice campaign requesting an investigation of all illegal, Bush-era political prosecutions. (If you haven't yet, please sign on to that letter, to add your voice!)
My brief interview with Siegelman at last Summer's Democratic National Convention in Denver (originally posted here), is re-posted at left, wherein he warned, if action wasn't taken "Karl Rove is simply going to get in his get-away car and thumb his nose at the Constitution, the Congress and the American People."

VROOOM....