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.com 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.

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

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.

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"...

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...

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...

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?...

[Now UPDATED with audio archives below! Enjoy 'em!]

Mike has the night off! So we're back tonight guest-hosting the nationally-syndicated Mike Malloy Show! And it's primary night in MI and AZ and we'll have not one, but two Presidential candidates as guests tonight!

We'll be BradCasting, as usual, LIVE from 9pm-Mid ET (6p-9p PT), coast-to-coast and around the globe from L.A.'s KTLK am1150 in beautiful downtown Burbank. Join us by tuning in, chatting in, Tweeting in and calling in! Our LIVE chat room will be up and rolling right here at The BRAD BLOG, as usual, while we are on the air. Please stop by and join the fun while you're listening! (The Chat Room will open at the bottom of this item a few minutes before airtime, see down below, just above "Comments" section.)

Scheduled tonight (so far):

• MI & AZ PRIMARY RESULTS, or what they are reported to be, anyway. Also, just some of the reasons why you should be concerned that those reported results may not be what they are reported to be!
• GOV. BUDDY ROEMER, who is on GOP Presidential ballot both MI & AZ tonight, but who has recently left the party for a Reform Party candidacy and a run for the Americans Elect nomination.
• FRED KARGER, who is on the GOP Presidential ballot in MI and, unlike Roemer, still a member of the party for some reason. He's also the first openly gay Presidential candidate and the guy who alerted the world to Mitt Romney's apparent voter fraud in MA!
• PLUS! Depending on how MI and AZ is looking, some additional, last minute guests; lost op-scan votes in NY; Indiana's GOP Sec. of State getting off scot-free for voter fraud; "Webster's Follies" in Maine; no dead voters in SC; criminal probe closing in on Scott Walker in WI; and more you need to know about! Along with your phone calls over your public airwaves at 877-520-1150 and your tweets to @TheBradBlog!...

The Mike Malloy Show is nationally syndicated on air affiliates across the country and also on SiriusXM Ch. 127. You may also listen online to the free LIVE audio stream at affiliate KPTR 1450 in Palm Springs or at WhiteRose Society or via MikeMalloy.com.

POST-SHOW UPDATE: Maybe someone had a bit too much caffeine today. Well, in any case, it led to a pretty high energy show! And lots of circus music! You can check it all out now for yourself, sans commercials, in the high-octane archives now posted below. Enjoy!...

I actually didn't mean this to be a commercial. I was simply going to share Mike Malloy's brief "Podcast Trivia" question from last Friday night's show since I found it so hilarious and a classic example of why a free world needs Mike Malloy.

In grabbing it from the archives to post the segment here, I also heard his earlier plea for folks to consider subscribing to the Mike Malloy Show podcasts to help the show continue to stay on the air. So I've tacked that to the front of the clip I'd planned to run here below.

I hope you will consider subscribing, if only as a way to help support Progressive Radio over our public airwaves, since those airwaves have been, by and large, "bought" up by mega-corporations who have removed all true market competition from them (here's just one recent, appalling example), and we have a government either too cowardly or too corrupt to protect them for its citizenry.

So it's up to folks like you and me to do whatever we can. Thanks in advance for your help!

And now, here's the clip that had me LOL'ing on the way home from dinner last Friday night, along with the quick plea from Malloy added to the top. Don't worry. The whole thing is barely four minutes long...

FULL DISCLOSURE: I am a regular guest host for the Mike Malloy Show, and will be filling in once again this Tuesday night (9p-Mid ET), on the night of the Michigan and Arizona primaries. If the gods are with us, I'll have not one, but two different Presidential candidates as my guests that night! So I hope you'll tune in! As ever, we'll have streaming audio links (and a live chat room) during showtime right here at The BRAD BLOG, if you're not lucky enough to live in a town where you can hear Mike Malloy, for free, over our public airwaves (or haven't chosen to pay money to hear him on SiriusXM's channel 127.)

While the GOP and its operatives have been on a tear over the last year (and many more), falsely claiming an epidemic of Democratic "voter fraud" meriting the potential disenfranchisement of tens of thousands of legal (and mostly Democratic) voters through polling place Photo ID restriction laws in order stop it, the recent spate of actual voter fraud by high profile Republicans --- both alleged-with-much-evidence and actually-proven-in-a-court-of-law --- continues apace.

The latest high-profile Republican to join the ranks of apparent voter fraud felons is Sen. Richard Lugar of Indiana. Like Republican Sec. of State Charlie White, who was found guilty of three counts of felony voter fraud (and three other felonies) earlier this month, Lugar hails from Indiana, the very first state in the nation, ironically enough, to implement voter suppressing polling place Photo ID laws in 2008.

And, like White, those draconian laws did absolutely nothing to stop Lugar from apparently committing voter fraud under the law, since the only type of voter fraud potentially deterred by polling place Photo ID laws are the incredibly rare cases of in-person polling place impersonation. Where voter fraud occurs to any measurable extent, it is in cases like Lugar's, White's, and all of the GOP superstars we'll remind you of again below.

The allegations against Lugar, who has been registered to vote at a house he has not lived in since 1977, were detailed quickly Tuesday night on the Rachel Maddow Show. A complaint against Lugar has been filed by a group of Indiana "Tea Partiers" challenging his eligibility for office, as publicized last week by Lugar's primary opponent in the 2012 election, Indiana State Treasurer Richard Mourdock.

Maddow's report, embedded below, was the prelude to her interview with independent Sen. Bernie Sanders of Vermont. Sanders is one of four non-Republican U.S. Senators who have now requested a study by the non-partisan Government Accountability Office (GAO) on the problem of "voter fraud" in this nation, particularly in the 14 states where Republican legislatures have recently passed polling place Photo ID restrictions under the pretense of stopping it. If that study finds what all of the other legitimate ones have found to date, we'll learn yet again how extraordinarily rare in-person voter fraud is and, at the same time, how many thousands and/or millions of Americans stand to be disenfranchised by the very laws that Republicans pretend are meant to deter it.

Here's her report...

And, by way of service to those who may yet to have noticed, here again is an update of our quick summary of the recent (and quickly growing!) spate of serious fraud allegations and convictions of a number of very high-profile Republicans other than Lugar. The list, please note, also includes several of this year's GOP candidates currently vying for the party's nomination for President of the United States...

Guest blogged by Ernest A. Canning

On Tuesday, a divided three judge panel of the U.S. 9th Circuit Court of Appeal ruled that California's Proposition 8 ban on same-sex marriage --- a right that had otherwise previously existed for same sex couples in the state --- violates the Equal Protection Clause of the 14th Amendment of the U.S. Constitution.

The majority opinion in Perry vs. Brown [PDF] this week decided an issue that was so narrow and so tightly crafted to meet the criteria of a 1996 U.S. Supreme Court decision, Romer v. Evans, that it minimized the chances that the U.S. Supreme Court will decide to hear the case, let alone reverse the decision.

As we examine the future course of the Prop 8 litigation, it's appropriate, if only briefly --- while this particular issue remains far away in the rear view mirror --- to offer a reminder of the still unresolved question as to whether CA voters actually approved the controversial measure at the ballot box in the first place...

The fully-militarized, post-9/11 Big Government Police State in these United States continues unabated, even as we've had to turn our attention here, of late, away from the Occupy Movement to cover the pretend democracy known as the 2012 Presidential Race.

Because there has yet to be any accountability for the unprovoked violence against peaceful Occupy demonstrators by the Oakland Police Department last October, nor for its Acting Police Chief Howard Jordan, who appears to have blatantly lied to the public and media about that violence, nor for their atrociously lawless renegade Mayor Jean Quan, the OPD was able to use many of the same tactics once again over the weekend to round up hundreds of peaceful demonstrators.

This time, the OPD upped the ante by arresting some six journalists --- in violation of both Quan's previous (apparently pretend) directives, as well as the Department's own supposed procedures --- even as each of the journos claim to have clearly identified themselves as members of the media prior to being detained nonetheless. (At least the OPD didn't shoot at them this time.)

Among those six journalists attempting to do their jobs, was Mother Jones' Gavin Aronsen, who has been covering the Occupy movement on the ground in Oakland and San Francisco for months. He is a superb journalist who I had the privilege of working closely with last year in the course of my "Secret Koch Tapes" exclusives that I ran at MoJo in September.

Here's Aronsen's appalling account of what happened before and after his arrest on Saturday in Oakland. It includes this passage near the end for additional context (and for those who pretend to care about the Constitution, who I will get to in a minute):

Oakland isn't the only Occupy hot-spot where police appear to be continuing to abuse their Big Government powers to violently strip private citizens of their Constitutional rights. In Washington D.C., one of the few cities where Occupy encampments, until now, have been allowed to remain in place, police have announced that will be coming to an end as of a Monday deadline. Today.

To prepare for their big day, over the weekend the D.C. Police distributed "eviction notices" and warmed up their Tasers, as seen in this outrageous video shot on Sunday in our nation's capitol...

Had that ever happened to one --- just one --- so-called "Tea Partier", this nation would likely have descended into an all-out shooting civil war by now. Yet similar police abuses have been seen against Occupiers in state after state.

Such that what is seen in the video above, and the other acts mentioned, were done to fellow citizens whose Constitutional Rights the "Tea Party" doesn't give two shits about, their fake "grass roots" "movement", apparently, couldn't care less about any of these clear cases of the very "Big Government Tyranny" and stripping of Constitutional rights that they have long been allowed to pretend they give a damn about. They don't. They care about nothing more than electing Republicans to office. Period. The Constitution has absolutely nothing to do with any of it.

Guest editorial by Ernest A. Canning

The title of historian Kevin Phillips' otherwise excellent work, Wealth and Democracy: A Political History of the American Rich, is somewhat misleading. With the exception of constitutional monarchies, which preclude royalty from all but figurehead status, democracy and the concentration of great wealth cannot co-exist in the same society.

If citizens can see past the corporate media-erected contest of personalities so as to examine how it reflects the undemocratic structure of our society, the 2012 Presidential election can provide us with a teachable moment of great value. This is true whether we examine the flood of SuperPAC monies, courtesy of the now infamous Citizens United decision, the striking similarities in their methodology of wealth acquisition depicted both in the 1987 movie Wall Street through its fictional Gordon Gekko and in real life by Bain Capital and Mitt Romney, the ridiculously low 13.9% federal taxes on Romney's $21.7 million income in 2010, his extensive Goldman Sachs holdings and as much as $32 million maintained in off-shore accounts, or the fact that only one, essentially marginalized Presidential candidate in either of the two major political parties --- Ron Paul --- is willing to discuss an end to perpetual war and our global military presence.

Here, Mitt "Gordon Gekko" Romney provides the principle focus, not because of personality, or "envy", but because his candidacy affords an opportunity to explore the inconsistency between wealth and democracy...