Guest blogged by Ernest A. Canning

A nearly two-hour hearing in the U.S. Senate Judiciary Subcommittee on the Constitution, Civil Rights and Human Rights earlier this month (full video available here), carefully examined the partisan, multi-state effort by the billionaire Koch brothers-funded, Paul Weyrich co-founded American Legislative Exchange Council (ALEC)-fueled GOP effort to enact new state voting laws across the country.

The coordinated, nationwide GOP voter suppression effort was aptly described by Judith Browne Dianis, a civil rights litigator at The Advancement Project, and a witness in the second three-member panel, as "the largest legislative effort to roll back voting rights since the post-Reconstruction era."

"Our country has not seen such widespread attempts to disenfranchise voters as we have seen this year in more than a century. Inclusive democracy is under attack," she testified, while Sen. Sherrod Brown (D-OH) described the "brazen" GOP attempts to undermine the right to vote.

Subcommittee Chair and Senate Majority Whip, Dick Durbin (D-IL) broke the new state voting laws into three major categories, and the discussions of each are worth covering here over two different articles. In Part 1 here, we'll cover the first category: Polling place Photo ID laws restricting the ability of lawfully registered voters to cast their ballot on Election Day. The hearing produced several remarkable face-offs, including between Sen. Al Franken (D-MN) and long-time GOP "voter fraud" front man Hans von Spakovsky (cue James Bond villain music), as detailed below.

In Part 2, we will cover the discussion of the other two categories at the hearing --- draconian new restrictions on voter registration, and laws which significantly reduce early voting periods --- plus a very troubling event that "reactionaries" have planned for the 2012 election, according to Dianis' testimony [UPDATE: Part 2 is now posted here]...

Guest blogged by Ernest A. Canning

"I don’t want everybody to vote," Paul Weyrich, co-founder of the billionaire-funded Heritage Foundation and the Moral Majority, said while addressing a right-wing Christian audience in 1980. "[O]ur leverage in the elections goes up as the voting populace goes down," he added after he denigrated those who seek "good government" through maximum, informed voter participation as people who suffer from the "goo goo syndrome."

Voter suppression has long been a staple of American politics, but the tsunami of new restrictions on the polling place now being rammed through by newly-elected Republican majorities in state after state is unprecedented, certainly since the era of Jim Crow was supposed to have been ended by the Voting Rights Act of 1965.

While most Americans may think of the poll tax and literacy tests as forms of voter suppression associated the Jim Crow South, the confirmation hearings of the late U.S. Supreme Court Chief Justice William Renquist included sworn testimony from former U.S. Attorney James Brosnahan and others reflecting that, as an early 60's GOP activist, Renquist intimidated African-American and Hispanic voters in AZ by challenging their ability to read.

1965's Voting Rights Act outlawed both the poll tax and literacy tests. In more recent times, pursuant to a 1987 federal court consent decree, and a subsequent provision of the National Voting Rights Act of 1993, another GOP suppression tactic, "caging lists," was banned, though as documented by the BBC's Greg Palast, the Bush administration-led Plutocrats didn't let a little matter like illegality get in the way of their use.

21st Century voter suppression operates under cover. Or it had, until the new wave of legislation being passed by GOP legislatures across the country began hitting its stride. Until FL's then-governor Charlie Crist overturned it, for example, the state banned convicted felons from voting even years after they'd been released from prison. In Armed Madhouse, Palast asserts that prior to the 2000 Presidential election, FL's then Sec. of State Katherine Harris, appointed by Gov. Jeb Bush, the brother of candidate George W. Bush, purged 94,000 "felons" from the state's computerized voter rolls, though the only "crime" at least 91,000 were guilty of was "being Black, Democrat or both."

Over much of the past decade, voter suppression efforts have been bolstered by bogus "voter fraud" claims leveled at groups like ACORN, who aided in the registration of those who might be likely to vote against the GOP (minorities and the working class); "non-partisan" GOP astroturf groups like the phony American Center for Voting Rights (ACVR) created after the 2004 election solely to create and spread false propaganda about a Democratic "voter fraud" epidemic; laws meant to increase the legal risk to real non-partisan organizations for assisting in registration; draconian polling place "photo ID" restriction laws, and in a reduction of opportunities for early voting.

With the tide of GOP victories at the ballot box last November, those efforts have now been ramped up and are now front and center in some 30 state legislatures across the country...

I've had this picture in my mind lately, an editorial cartoon-like drawing, of a dam about to break and someone (Obama?) leaning hard up against it in futile hopes of keeping it from bursting forth. The dam and its contents, in my mind's eye, are labeled "Bush Administration Crimes and Failures." I've been pondering, over the last several days, how we're soon likely to learn that everything we think we already know about the historically-unparalleled failures, crimes and cover-ups of the Bush administration, will likely prove to be barely the tip of the iceberg as the Bushies lose their power, and "the files" are finally opened for all to see.

It's likely to take years, after President Obama is sworn in next week, to unearth the entire breadth of the degradation, filth, corruption and dismantling of federal law and U.S. Constitution under the current administration, and to piece together all of the unshredded and likely-shredded evidence both, and to take in the information likely to pour forth from officials and former officials who finally find the courage to tell the world just how bad it all really was and is (even if many of them would now be doing so only to salvage their own hide.)

One hint of what will be found beyond the tip of that iceberg, or inside that near-to-bursting dam (take your metaphorical pick) comes in today's remarkable report [PDF] from the DoJ Inspector General on the illegal politicization of the hiring practices at the DoJ's Civil Rights Division and "other improper personnel actions" in the division.

It's remarkable on several fronts. Not only because it describes the politicization of the department under the Bushies, their strictly illegal hiring practices; their determined dismantling of a core of career attorneys devoted to years of legal-processes in the fight for civil rights; as well as perjury and out-and-out lying to Congress, but also because the report itself --- in one last classic stroke of corrupt Bush Administration gaming of the system --- was completed last July, prior to the election, but held for release until today, just 7 days before the criminals (or at least those who won't be still-embedded like cancer cells within the federal buearocracy for years to come) take their leave.

And, as if all of that isn't bad enough, with the out-and-out finding of criminal wrongdoing in the report (such as illegal hiring practices and lying about them to Congress), the Bush Administration's own DoJ has decided that no prosecutions should be brought against the Bush Administration's own DoJ for the Bush Administration's own DoJ's now-well-documented actions in breaking federal law.

The bastardization of the DoJ Civil Rights division is a topic which we've covered closely over the years here at The BRAD BLOG, and even played a part in helping to expose, for example, when the head of the Voting Section in that division, John Tanner, was forced to resign from his post, not long after we'd video-taped and published controversial (and inaccurate) comments he made at a 2007 conference in Los Angeles declaring that disenfranchising Photo ID restrictions at the polling place were more of a concern for the elderly than for African-Americans because "minorities don't become elderly the way white people do. They die first."

(See our now-infamous video, shot by our own Alan Breslauer, at right.)

As today's (actually July's) report reveals, that wouldn't be the only unfortunate --- and one might say, "ironic", given his position --- derogatory remark made about African-Americans by Tanner. But the bulk of the report, it seems, is devoted to one Bradley Schlozman, who insidiously twisted the mission of the Civil Rights division, brought political prosecutions in order to try and affect the outcome of elections, in violation of written DoJ policy, and attempted (and arguably succeeded) in helping to engineer an outright illegal, and ideological purge --- an ethical cleansing, if you will --- at the department, in an attempt to stack it with far rightwing brethren from the Federalist Society, or "right thinking Americans" (RTAs), as he referred to them among friends...

Late last week I had the "pleasure" of appearing on Tavis Smiley's public radio show, along with GOP "voter fraud" zealot and propagandist Hans von Spakovsky, about whom we've written quite a bit here over the years. The show was pre-taped last Thursday, ran over the weekend, and will continue to be available at Smiley's website throughout the week.

The audio discussion, which became rather heated at times, is posted at the end of this article.

In his introduction, Smiley credits von Spakovsky as being "from the Heritage Foundation." But in addition to being funded by those unapologetic Republicanists, it goes unnoted that vS, a former chair of the FEC, recess-appointed by Bush, then blocked by the Democrats in the Senate when his appointment came up again, was formerly embedded in the Bush DoJ's wholly-politicized Civil Rights Division voting section.

At the DoJ, he helped to deconstruct the beloved Voting Rights Act of 1965 by, among other things, pushing through polling place Photo ID restrictions in places such as Georgia, against the advice of just about every career employee in the division. (The law was later found to be an "unconstitutional day poll tax" by the courts, but ultimately allowed by a higher court, and still under challenge by Democrats in the state.) He was also instrumental in bringing phony "voter fraud" charges, such as those against ACORN workers in Missouri, filed just days before the razor-thin 2006 Senate election, in violation of the DoJ's own written rules against bringing such indictments just prior to elections where they are likely to affect the race.

Perhaps even more noteworthy, but unmentioned by Smiley, is that even with all of that, the disgraced von Spakovsky has been secretly hired, at tax-payer expense, as a consultant for Bush's similarly compromised, and now ironically-named, U.S. Commission on Civil Rights, to help monitor the job that the DoJ will (or won't) be doing to monitor the 2008 general election.

In any case, vS remains an unapologetic democracy hater, hell-bent on keeping Democratic-leaning voters away from the polls and, as you'll note during the interview, a liar.

Normally, however, he's not faced with anybody who can actually call him on his bullshit. That wasn't the case this time, as I was there, and was able to do exactly that...

Blogged by Brad Friedman from Boulder, CO...

Just as I went off the grid late last week, this news came in, so some of you may be ahead of me on this one. In either case, it's still worth noting that GOP/DoJ vote suppressor, Hans von Spakovsky was secretly hired by Bush's bad joke of a "Commission on Civil Rights" to oversee the '08 elections, as reported by TPMMuckraker's Kate Klonick late last week.

While the story is mindblowing, it's not all together surprising given the CCR's embarrassing track record under Bush. See the amazing flashback video of the CCR's Peter Kirsanow testifying to Congress in 2007, as posted below after Klonick's lede, and everything will likely make "sense"...

The U.S. House Judiciary Committee's subcommittee on the Constitution, Civil Rights, and Civil Liberties will be holding a hearing this Thursday on "Lessons Learned from the 2004 Presidential Election."

Though no press release has yet been sent out by the Committee, and the link to the hearing's page at the Judiciary website is currently broken, The BRAD BLOG has both good news and bad news to report here.

The good news: Ohio's former Sec. of State J. Kenneth Blackwell has been invited to testify and has confirmed that he will actually show up this time, according to several Judiciary sources. Blackwell had previously snubbed the committee's earlier invitation to testify back in February about the myriad crimes that were committed on and by his watch in the 2004 Presidential Election.

Following his last refusal to appear --- when he responded to the committee claiming "my schedule will not permit me to attend the hearings" --- Judiciary Committee spokesperson Jonathon Godfrey hinted that a subpoena might be forthcoming if Blackwell continued to refuse to appear. This time, at least as of today, it looks like he's coming, according to confirmation by Godfrey this afternoon. Thus guaranteeing what should be a very lively hearing.

More good news: Shameless GOP "voter fraud" zealot and disgraced former FEC chair Hans Von Spakovsky will also be appearing. By invitation of the Republicans on the committee, amusingly enough. What were they thinking in inviting this embarrassment? Beats us, but we're happy to hear he'll be back on the Congressional hot seat. Thanks Repubs!

And then there's the bad news...

In case you missed it, tremendous news for democracy lovers everywhere late yesterday, as the week ended up being a very good one for the voters, for a change...

• In Missouri, GOP vote-suppressor Thor Hearne lost one, and the voters won one for a change, as the attempt by Republican legislators in the state house to pass a Constitutional amendment requiring Photo ID restrictions and proof of citizenship sure to disenfranchise hundreds of thousands of legal, registered voters went down in flames on the last day of the legislative session.

• On the federal level, GOP voter-fraud zealot Hans von Spakovsky (cue evil music), finally withdrew his nomination to the FEC, which had been blocked by Sens. Obama and Feingold. The standoff had kept the FEC from have the required quorum of commissioners needed to do business in a crucial election year. With vS out of the way, perhaps a responsible, pro-voter set of commissioners can now take their place. But we'll see. Rick Hasen has the outlook. Either way, it's another very big victory.

• In Tennessee, both houses have approved a bill to require a paper ballot for every vote cast! The bill has to go back to conference to work out one last point, but given its extraordinary success in both houses (it passed unanimously this week in the state Senate!) it's likely to be enacted quickly. This is a huge win for the tireless Election Integrity citizen heroes on the ground in TN, and a loss for the pro-machine, pro-invisible/unverifiable ballot crowd there, including Davidson County's Republican Election Commissioner Lynn Greer, who once told me, after I attended a meeting there, that "paper is the biggest fraud ever perpetrated on this country." Apparently he was serious. The good news: the responsible folks in the state disagree with him. The bad news: the requirement for paper ballots won't take effect until 2010. But we'll take what we can get!

• Finally, in Arizona, as Steve Rosenfeld, as one of my guests yesterday while I was guest hosting The Peter B. Collins Show told us, the DoJ has finally settled a lawsuit against the state where Sec. of State Jan Brewer, who once called Election Integrity advocates "anarchists" and "conspiracy theorists" has been doing everything she could, for years, to keep legitimate voters from being able to properly cast their ballots and have them counted accurately. The state has now finally agreed to follow the law (National Voter Registration Act of 1993, known as the NVRA or the "Motor Voter Bill") by performing voter registration services at public assistance facilities such as welfare clinics.

We spoke about most of the breaking good news above last night on the PBC Show (audio archive here), and will try, for the next few hours at least, to enjoy some of the great news, for a change, on several fronts in the continuing Republican War on Voting.

As the great voting rights advocate, Rush Limbaugh, trumpeted at the beginning of his radio show this morning, today's 6 to 3 Supreme Court ruling allowing new, modern restrictions regarding which citizens may or may not cast votes at American polling places on Election Day, is "a huge, huge, huge move forward to undercut Democrat efforts to commit voter fraud this fall."

Fortunately, instead of coming in June as expected, this decision on an Indiana Photo ID restriction case comes just in time to prevent massive voter fraud at the polls in Indiana's Democratic Primary two weeks from now, when millions of fraudulent Democratic voters were almost certainly plotting to try and show up to vote on electronic voting systems on which it's impossible to prove one way or another whether they did or didn't vote the way the machines will tell us they did. With voting systems like those in use across the Hoosier State, and elsewhere around the country, it's all the more reason to ensure those Democrats can't show up and commit the fraud they were probably planning to engage in on May 6th!

The news is certainly the most important SCOTUS decision pertaining to elections since the triumphant, well-considered, and much-beloved Bush v. Gore decision of 2000. Today's verdict will undoubtedly be heralded and taught at American institutions of learning for decades to come, with the same reverence as that dedicated to landmark Supreme Court decisions like 1857's Dredd Scott v. Sandford ruling, which thankfully found that "people of African descent imported into the United States and held as slaves, or their descendants --- whether or not they were slaves --- could never be citizens of the United States, and that the United States Congress had no authority to prohibit slavery in federal territories."

The Supremes have done it again! But no such important American political battle like that which was won today is ever fought alone. Due thanks must go to the long-fought efforts of countable simple citizens around our nation, concerned about the integrity of voting. We'd be remiss without noting some of the selfless freedom fighters who helped make today's great news a reality: Courageous, unheralded voices, such as those of "longtime advocate of voter rights" and Bush/Cheney '04 Inc. General Counsel Mark F. "Thor" Hearne, tireless Republican "voter fraud" information-wareness man John Fund, and Bush-appointed DoJ Civil Rights Division guardians of the ballot box, like Hans von Spakovsky, Bradley Schlozman and its former Voting Section chief, John "Minorities Die First" Tanner.

Thanks to brave men like them, and Mr. Limbaugh, of course, it'll be a new day at the polling place this fall! One in which, if Republicans legislators around the country hurry up and get on the anti-voter fraud ball, they can assure that millions of Democratic-leaning citizens won't be fraudulently mistaken for actual voters when they show up at their polling places this November.

But are restrictions that may keep just blacks and the elderly from casting a ballot enough to ensure the true integrity of our vote? Shouldn't we keep fighting to ensure that legitimate voters like you and me don't have our voices diluted by even more fraudulent groups out there, like gays, communists, and dead people, who every year change the results of election after election through their insidious anti-American efforts, because I say they do?

Read on for a couple of new ideas. Clearly, today's SCOTUS decision is a good start, but it hardly goes far enough to ensure that the right American voices are heard, as our founders intended! 14th Amendment, equal protection, blah, blah, blah, my ass!...

We admit to being perplexed enough by Matthew Mosk's Sunday article in WaPo, claiming that GOP "voter fraud" zealot Hans von Spakovsky, formerly of the DoJ Civil Rights voting unit, was "cleared" by a U.S. Election Assistance Commission (EAC) inspector general's report, to poke around for a few minutes trying to figure out who this Mosk was, and how the hell he figured the report "cleared" von Spakovsy of anything.

vS was one of the notorious villians at the DoJ who politicized the hell out of the Civil Rights division by turning it into a blunt instrument to keep minority voters from being able to cast their lawful vote in any way he could figure out how to do.

He is also the failed nominee for the FEC who still has yet to show enough grace to remove his name from consideration, as he has singlehandedly succeeded in ensuring that the commission is entirely crippled, unable to vote on anything without a quorum, during an election year.

As the IG's report on whether the EAC was inappropriately influenced, by von Spakovsky and others, to withhold and the re-write a bi-partisan study on voter fraud, the then-chair of the EAC, Paul DiGregorio --- a Republican himself --- said that “too many of [von Spakovsky’s] decisions are clouded by his partisan thinking”...vS “certainly tried to influence...There’s no question about that," and that, the EAC chair felt that "von Spakovsky thought he should use his position (on the EAC commission) to advance the Republican Party position.”

Mosk used his WaPo article then, to quote vS alleging that the "conclusions (of the EAC IG report) represented a personal vindication" for him. Huh?

We got distracted by other business, and were unable to finish our poking around to figure out what Mosk might have been after, and why this article, on a report published three weeks ago suddenly became "news" to the Washington Post, with "clearance" of von Spakovsky as the central meme.

J. Gerald Hebert, over at the Campaign Legal Center Blog seems to have come away with the same perplexed reaction, opening his article yesterday with...

Some guy named Patrick Ruffini, at the right-wing Townhall blog of right-wing radio host Hugh Hewitt, is using the space to disinform readers as to the reasons for the current shutdown of the FEC. And he's dishonestly misrepresenting a BRAD BLOG article from last year (we're the "left-wing blogger" he links to in his comments below) in order to help fool his presumably gullible readers...

Republicans in the Senate are refusing to allow an up-or-down vote on nominations to the FEC, which means that at the end of the year when the terms of four current appointees end --- including previously recess-appointed GOP "vote fraud" zealot Hans von Spakovsy --- there will not be enough commissioners to even hold a vote. An interesting, if troubling, notion for a Presidential Election year.

But, as the GOP would not allow votes on the three other nominees (two Democrats and one Republican) after a block had been put on von Spakovsky by Senators Obama (D-IL) and Feingold (D-WI), and as Majority Leader Reid (D-NV) plans to hold pro forma Senate sessions to keep Bush from making another inappropriate recess appointment to the committee, and as Bush also refuses to send up a replacement nominee for von Spakovsky...it looks like that's where we're headed.

TPM Muck has the story, and Reid's statement on the floor today.

So it looks like another GOP vote fraudster goes down for now, now that Democrats have chosen to stand up a bit, for a change. But like all of these guys --- and like any good Bond villain --- they may not stay "dead" for long.

RELATED: Speaking of which, our DoJ Voting Rights section sources tell us John "Minorities Die First" Tanner has still not left the office, as we originally reported in a late-night posting on Tuesday! That, despite having supposedly "resigned immediately" as of last Friday! What's going on here? Is he deleting files on his computer? Was his whole resignation, and supposed reassignment to another job in the Civil Rights Division, just a hoax to get Congress off the DoJ's back? We're trying to figure it out.

Writes one of our sources to The BRAD BLOG this evening: "Tanner is obviously having problems letting go. He's in the office every day. Since his office is in a corner of the building, nobody can be exactly sure what's going on."

Another Voting Section source also writes to say, "Tanner is still there." And adds, "Its awkward. His co-conspirators dine with him."

PSSST... Could someone on the House Judiciary Committee please call the DoJ Office of Legal Affairs and find out what the hell he's still doing in his office?! What is he waiting for, Christmas (of 2008?)

More when, and if, we can learn anything...

UPDATE 12/21/07: He was still in the office today, Friday, a full week after resigning last Friday "effective immediately". A staffer in the voting section, when we called to check, said she expected that he'd be back next Wednesday, after the long holiday weekend.

Guest Blogged by Alan Breslauer

The NY Times calls for the firing of John Tanner, the chief of the Justice Department's Civil Rights voting section, because of the “offensive” and “bigoted” comments originally captured and reported by The BRAD BLOG:

Also see The BRAD BLOG's extensive coverage on Hans von Spakovsky.

Tanner has come under a great deal of fire, since, our original report of his assertions that while it was "a shame" that elderly voters were likely disenfranchised by his approval --- on behalf of the DoJ, and against the advice of his staff --- of a Georgia Photo ID poll restriction, minorities were somehow better served by it. His objectionable, and now-discredited, argument: "Minorities don't become elderly the way white people do. They die first."

Among those who have previously called for Tanner's firing in some fashion: Sen. Barack Obama, Rep. Jerrold Nadler, Sen. Ted Kennedy, along with many other officials and organizations.