In a debate, it is not always enough for one candidate to accuse the other of making up numbers from whole cloth --- especially when the opposing candidate presents analysis from highly partisan lobbying groups as "independent" sources on par with the Congressional Budget Office or Office of Management and Budget.

Massachusetts U.S. Senate candidate Elizabeth Warren (D) missed the opportunity to highlight the non-independence of the "independent" sources Sen. Scott Brown (R) cited during their first televised debate last week (see video below). He claimed that her policies would raise $3.4 trillion in taxes "on the backs of citizens" and "cut 700,000 jobs nationwide". The numbers were proffered by Brown in response to Warren's criticism of the Republican Senator's votes against three critical jobs bills that she asserted would have been paid for by "a fractional tax on people making more than one million dollars a year."

Warren accused Brown of making up his numbers from whole cloth and drove home her central point --- that Brown is willing to hold middle class taxpayers hostage in order to prevent a restoration of the Clinton level of taxes on the top two percent of Americans.

But she missed the opportunity to call out Brown for his laughably misleading use of statistics from highly partisan lobbying organizations --- specifically the National Federation of Independent Business and the U.S. Chamber of Commerce --- as coming from "independent groups"...

The veteran's advocacy group, VoteVets.org filed an amicus curiae brief [PDF] last Wednesday in support of U.S. District Court Judge Peter Economus' recent order compelling Ohio Secretary of State Jon Husted (R) to restore Early Voting for all registered Ohio voters during the three days immediately preceding the Nov. 6, 2012 election.

The order came in response to a lawsuit filed by the Obama Campaign challenging the Buckeye State Republicans attempt to restrict voting in that period to all but active duty military. The Romney Campaign supported the Republican attempt to restrict the voting rights that had previously been shared by all state residents.

In their brief, VoteVets argues that Husted's directive adversely affects the voting rights of Ohio's more than 900,000 veterans, including more than 90,000 disabled veterans, many of whom are incapable of standing in long lines on Election Day.

The brief also alleges that the Republicans' new restrictions on Early Voting, for all but active duty military in the Buckeye State during those three days, could also arbitrarily deprive many active members of the armed forces of their right to cast an early in-person absentee ballot as well. This can occur, says the group, because Husted left the decision whether "to open those three days for in-person voting by [active military] voters...[to] the discretion of the individual county boards of elections."

The point also raises another salient legal issue, not fully considered by many of the Election Law experts who have weighed in on both the specific and broader implications of the Secretary of State's pending, expedited appeal of Judge Economus' recent decision to restore those three days of Early Voting for all...

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IN TODAY'S RADIO REPORT: A Tale of Two Conventions: wrapping up the DNC vs. RNC; It's official: 2012 shaping up to be hottest year on record; Shell begins Arctic drilling, but the Arctic has other plans; PLUS: 9/11, and the consequences of ignoring warnings ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Foul smell across Southern Cali; Caribbean coral reefs near collapse; BP unloads millions in Gulf of Mexico leases; Massive wildfires, evacuations in West; NYC unprepared for rising sea levels, storm surge; Looming national security issue at chemical plants; Climate change challenge for power plant operators; China orders renewable energy standard ... PLUS: GM calls report of money-losing Volt sales 'grossly wrong' ... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Bill Clinton makes the green case for Barack Obama at the DNC; PLUS: DOJ excoriates BP for "willful misconduct" and "gross negligence"... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): US taxpayers scammed by cheap coal auctions; Keystone XL Update: new route proposed, TX blockade shuts down worksite, Transcanada seizes US property through eminient domain; Organics vs. chemical farming; Patagonia's glacier melt accelerating; Video: How climate change will change your weather; Australia's carbon tax enriching polluters? ... PLUS: Special Report: "The Worst Environment Money Can Buy" ... and much, MUCH more! ...

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IN TODAY'S RADIO REPORT: Romney mocks climate change, while Obama doesn't, as the Democratic National Convention gets underway; Energy company CEO pushes for a price on carbon(!); Midwest drought now coming for your popcorn; PLUS: Speaking of 'popping' - Hurricane Isaac recovery, now with dead rats! ... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Summer of Fire 2012: new fires prompt evacuations in NE, CA; Organics no healthier than conventional foods - if you don't count pesticides and antibiotic-resistant superbugs; Israel solar industry struggling; Arctic ice melt: 1st sailboat in the Arctic Ocean; Shell gets a pass, clears another hurdle to Arctic drilling; Methane now contaminating PA water supplies; Study: humanity set to blow past 2 degrees Celisus warming ... PLUS: Labor Day 2040: Endless Summer ... and much, MUCH more! ...

Guest blogged by Ernest A. Canning

In a case where the employment of several members of the United Public Workers (UPW) was terminated after they failed to fully participate in unpaid, off-duty campaign activities on behalf of a union-supported Congressional candidate, three Republican members of the Federal Elections Commission produced an astounding Aug. 21 decision. They ruled that it is perfectly lawful for unions and corporations to compel their members and employees to engage in such activities, sans compensation, as part of "independent campaign efforts."

In their "Statement of Reasons" [PDF], the three GOP Commissioners explained the basis for their remarkable ruling.

They acknowledged that the Federal Election Campaign Act of 1971, 2 USC §441b(a), as well as FEC "regulations prohibit a labor organization [or a corporation] from facilitating the making of a contribution by means of 'coercion, such as the threat of a detrimental job action...to make a contribution or engage in fundraising activities on behalf of a candidate." But, they wrote: "These provisions do not apply to UPW's independent campaign efforts."

The FEC's three Republican appointees thus presented not only a novel but a remarkable extension of Citizens United given that 2 USC §441b(c) makes it "unlawful" even for a corporation's or union's "segregated fund" to provide "anything of value" that is secured by a threat of financial reprisal. The statute mandates that employees must be told about their "right to refuse to so contribute without any reprisal."

In their separate "Statement of Reasons" [PDF], the three FEC Democrats, along with Office of General Counsel (OGC), found a clear-cut violation of Section 441b. "Nothing in Citizens United," the FEC Democrats opined, "suggests...that the Court intended to expand the rights of corporations and unions at the expense of their employees' longstanding rights to be free from coercion and to express or decline to express their political views."

According to the Congressional Research Service [PDF], at least four votes are required for the FEC "to exercise core functions." Thus, the 3-3 deadlock prevented the FEC from disciplining the union for anything beyond the fine for non-reporting of the "independent expenditure."

Setting aside the fact that the OGC's and FEC Democrats' interpretation appears to find direct support in the language of Section 441b of the U.S. Code, there's a fundamental constitutional issue that arises from the disturbing GOP interpretation of Citizens United which neither side addressed --- slavery!...

Guest blogged by D.R. Tucker

Mike Lofgren's new book, The Party Is Over: How Republicans Went Crazy, Democrats Became Useless, and the Middle Class Got Shafted, will certainly motivate the actual patriots in the United States --- and alienate those Americans who merely call themselves patriots.

Lofgren, who spent nearly three decades as a Republican congressional staffer working at various points for then-Rep. John Kasich of Ohio and then-Sen. Judd Gregg of New Hampshire, garnered national attention last year for a Truth-Out.org piece entitled "Goodbye to All That: Reflections of a GOP Operative Who Left the Cult."

In that piece, he famously declared, "The Democrats have their share of machine politicians, careerists, corporate bagmen, egomaniacs and kooks. Nothing, however, quite matches the modern GOP."

The Party Is Over is more than an extension of the Truth-Out piece; in fact, it is the best description of the intellectual and moral collapse of Washington since Sam Tanenhaus's The Death of Conservatism…

Guest blogged by Ernest A. Canning

No doubt during this election cycle, like every election cycle over the past forty years, we'll hear from the GOP about "tax and spend" Democrats.

Even though it doesn't detail how every Republican since Reagan has combined massive, unpaid-for tax cuts for the wealthy with runaway, unpaid-for military spending --- creating a great excuse to destroy the New Deal safety net, in order to slash their runaway deficit-spending --- this chart is, nonetheless rather revealing...

None of that, of course, has kept the bulk of the "Lamestream Media" from repeating the myth of Republicans as "fiscal conservatives," a concept this site has spent many years attempting to debunk. Last night, MSNBC's Rachel Maddow did exactly the same thing when it came to the claim that Mitt Romney's newly chosen Veep pick, Paul Ryan, is a "fiscal conservative."

To borrow from CNN's Soledad O'Brien yesterday, "I understand that this is a Republican talking point because I've heard it repeated over and over again" --- in this case by the Beltway Media --- but "you can't just repeat it and make it true."

Maddow dispatches with the "Ryan as 'fiscal conservative'" nonsense in the unforgiving video below, in which she notes:

Guest blogged by Ernest A. Canning

Ah, what more can you say about those "small government conservatives" as they once again attempt to place the big government they claim to despise between citizens and their doctors by taking away more rights and freedoms?

In Mississippi, the Jackson's Women's Health Organization --- which operates the only remaining clinic to offer abortion services in the entire Magnolia State --- filed a federal lawsuit seeking to block enforcement of a state law meant solely to shut them down and nullify the U.S. Supreme Court's ruling in Roe v. Wade.

The new law requires any physician who performs an abortion to be both a board-certified OB-GYN and have admitting privileges at a local hospital. According to MSNBC's James Eng, this would almost certainly force the clinic to shut down because most of their physicians "live out-of-state or because local hospitals are reluctant to grant such privileges to physicians who perform abortions." That closure would "lead some to consider unsafe and illegal alternatives that pose grave risks to [women's] health, lives, and reproductive future," according to Nancy Northrup of the Center for Reproductive Rights.

On July 2, Reuters reported that "U.S. District Court Judge Daniel Jordan issued a temporary restraining order," stating that "plaintiffs have offered evidence --- including quotes from significant legislative and executive officers --- that the act's purpose is to eliminate abortions in Mississippi." On Wednesday, in a hearing on the Jackson Women's Health Organization's motion for a preliminary injunction, Judge Jordan, who was nominated to the federal bench by George W. Bush, extended his TRO pending his ruling. So the clinic stays open for the moment.

Meanwhile, Republicans in the Michigan legislature silenced a female colleague, Rep. Lisa Brown (D), when she responded to their anti-women's reproductive rights measure last month by stating: "And, finally, Mr. Speaker, I’m flattered that you’re all so interested in my vagina, but 'no' means 'no'."

At least in that instance, the GOP "War on Women" produced an hilarious segment on the Daily Show with Jon Stewart entitled "The Vagina Ideologues". If you missed it a few weeks ago, have a look...

In case you're wondering, it's not just The BRAD BLOG trying to warn folks on the Right, Left and everywhere in between of the pending disasters of our oft-failed, almost always wholly-unverified and quickly disappearing system of once-overseeable, theoretically-democratic system of electoral self-governance.

As Steven Rosenfeld, veteran journalist of the 2004 Ohio mess, writes this week at Alternet in "Not Again! How Our Voting System Is Ripe For Theft and Meltdown in 2012" [emphasis added]:

Rosenfeld covers a lot of ground in his piece, so you should read it in full.

That said, as much ground as he covers, he and the experts he quotes still manage to understate the concerns, while failing to define what, in nearly a decade on this beat we have found, so far, to be the only apparent solution: Hand-marked paper ballots counted publicly, by hand, on Election Night, at the precinct, in front of all parties, observers and video cameras, with decentralized results posted at those precincts, before ballots are allowed to move anywhere.

You have been warned. Again.

Now back to your bickering about off-shore bank accounts and "socialism", or whatever it is you feel your time is better spent on between now and November 6.

Guest blogged by Ernest A. Canning

Only a handful of Americans understand what really took place inside a Tallahassee, FL federal courtroom on Wednesday, June 27, 2012, thanks to the skewed reality presented by mainstream corporate media coverage of the latest ruling to affect Florida's attempted purge of alleged "non-citizen" voters.

The extraordinary misreporting subsequently enabled top Florida officials, including Republican Gov. Rick Scott, to continue what has become a reliable pattern of public deception and disingenuous spin in its wake.

What happened, in short, on June 27, was this: The attorneys for FL Sec. of State Ken Detzner (R) walked into the federal courtroom, threw-up their hands and surrendered. There was no need for Judge Robert Hinkle to issue the Temporary Restraining Order (TRO) sought by the U.S. Department of Justice (DoJ) in order to stop what the DoJ described as an illegal, systematic purge of "potential non-citizen" voters. Detzner voluntarily suspended the purge and promised the court it would not resume.

Accepting Detzner's surrender, Judge Hinkle denied the federal government's motion for a TRO, finding it unnecessary, but cautioned that the DoJ could revisit the issue if Detzner or any of Florida's county Supervisors of Elections resumed what he described as a flawed voter removal program that "probably ran afoul" of the National Voting Rights Act (NVRA).

Subsequent misreporting by the corporate mainstream media succeeded, however, in turning that reality upside-down. The failure comes courtesy of an MSM that has not so much as mentioned Scott and Detzner's documented mendacity, revealed by The BRAD BLOG's exclusive investigation of public records last month, concerning the alleged "refusal" by the U.S. Department of Homeland Security (DHS) to provide FL with access to a federal immigration database for use in its attempted voter purge.

The headlines written in response to the June 27 court hearing expose a classic MSM failure. "Fla. Judge Won't Halt Voter Roll Purge", CBS Miami dutifully reported immediately after Judge Hinkle's bench ruling. Yes, concurred Fox "News", "Judge refuses to block Florida voter purge", in a headline that would be repeated by the Huffington Post and again at ABC. Agreed, wrote Bloomberg, "Federal Judge Rejects U.S. Bid to Block Voter-Roll Purge".

At the Chicago Tribune we find "Judge Rejects U.S. request to stop Florida voter purge". Indeed, from the Miami Herald, we learned "Judge halts federal attempt to block Florida's voter purge". In fact, in perhaps the most twisted headline of all, the Orlando Weekly (mis)informed its readers, "Federal judge OKs Florida voter purge".

Trouble is, each and every one of those news organizations got it wrong, just as CNN and Fox "News" got it wrong when they initially filed erroneous reports claiming that the Supreme Court had struck down the Affordable Care Act.

What the media and the Governor depicted as a FL victory, one that would permit his attempted purge to continue, was, in fact, an abject capitulation by the authors of an unlawful voter roll purge...

Guest blogged by Ernest A. Canning

The state of Florida and it's Secretary of State Ken Detzner (R) are knowingly violating Section 5 of the Voting Rights Act in their attempted purge of "potential non-citizens" from the Sunshine State voting rolls, according to a new federal lawsuit [PDF] filed by the ACLU and the Lawyers' Committee for Civil Rights Under Law.

The complaint follows on the heels of a May 31, 2012 two-page letter submitted to FL election officials by T. Christian Herren, the chief lawyer of the U.S. Justice Department's Voting Rights Division. In his letter, Herren opined that the state's voter roll purge is in violation of Section 5 --- at least in the 6 Florida counties "covered" by that section --- because the state has not sought preclearance from either the DOJ or a federal court, as required by that section of the 40-year old federal law.

Additionally, the DOJ notes in its letter, the purge, coming as it does within the 90 days before Florida's federal primary election, is also in violation of the National Voter Registration Act (NVRA) which covers the entire state.

In response, FL State Department spokesman Chris Cates initially said they would continue the purge nonetheless, as they were "firmly committed to doing the right thing and preventing ineligible voters from being able to cast a ballot." In his official response to the DOJ a few days later, Detzner all but challenged the feds to bring a suit in order to stop the state from continuing their efforts.

Of the original 180,000 names identified by the state as potential non-citizens, out of some 11.3 million registered voters in the state of Florida, 2,700 were sent to county election officials with instructions to notify those voters that they had just 30 days to prove their citizenship or be removed from the rolls. As reported by the Christian Science Monitor, "Before heeding DOJ’s order to stop the purge" county election officials had identified just four noncitizens who "may have voted in past elections, making them potentially guilty of voter fraud," while clearing hundreds of voters who had, in fact, been legally registered voters. Hundreds of others may have been removed from the rolls, despite being legally registered citizen voters.

As The BRAD BLOG previously reported, Herren had demanded that FL officials "advise whether the State intends to cease the practice," but stopped short of issuing an actual "order" that FL immediately cease and desist. Such an order would have to come by way of an injunction issued by a U.S. District Court. The ACLU lawsuit now seeks that injunction even though, according to the Miami Herald, county elections supervisors across the state, led by Leon County's Ion Sancho, are now refusing to carry out a purge which Sancho describes as "illegal."

The ACLU lawsuit alleges facts that suggest the FL GOP is relying upon a FL Department of Highway Safety and Motor Vehicles (DMV) database that it knows cannot provide an accurate basis for establishing non-citizenship until 2017.

Unfortunately, this year's purge in Florida continues a tradition that has been affecting legal voters in Florida --- and, along with them, the rest of the nation --- cycle after cycle since at least the 2000 election...

Guest blogged by Ernest A. Canning

Reports by the Miami Herald and by Democracy Now report that the U.S. Department of Justice (DOJ) has "ordered Florida...to end a controversial voter purge that's primarily targeted Latino, Democratic and independent-minded voters" (see video below) may not be technically accurate.

Both refer to the two-page letter submitted by T. Christian Herren, the chief lawyer of the DOJ's Voting Rights Division, to FL officials which suggested that the purge, ordered by Republican Gov. Rick Scott under the unsubstantiated pretense that the state had thousands of non-citizens registered to vote, violated Section 5 of the Voting Rights Act because FL had not sought preclearance for the new voter roll purge either from the DOJ or a federal court. Herren, as the Miami Herald article observed, demanded that FL officials "advise whether the State intends to cease the practice," but stopped short of issuing an actual "order" that FL immediately cease and desist.

Election officials across the state have confirmed that the Governor's purge list includes hundreds, if not thousands, of legally registered U.S. citizens who are improperly identified as "non-citizens" to be removed from the rolls.

Only five of Florida's 67 counties are "covered jurisdictions" under Section 5 of the Voting Rights Act. That means that while Supervisors of Elections in some counties had vowed not to carry out Scott's purge, others, like Seminal County's Republican Supervisor of Elections Mike Ertel, signified their intent to carry out what amounts to a new form of GOP "caging lists" in which those voters who do not respond to official letters in a designated fashion are automatically purged from the eligible voter rolls. On Friday, an attorney from the Florida State Association of Supervisors of Elections, representing all 67 counties, sent a memo to officials recommending they do not carry out the scrub as called for by the state.

The DOJ letter to FL also noted that the voter roll purge across the entire state appears to be in violation of the National Voter Registration Act (NVRA), which bans the removal of voters from the rolls in the 90 days prior to a federal election. Florida is set to hold its federal primary election on August 14th, making May 16th the last legal day for the type of voter roll maintenance the state now claims to be carrying out.

Even assuming that Herren's letter to the state amounts to a DOJ "order," it may not be enough to stop what The Advancement Project estimated in its May 17 letter to Herren [PDF] could ultimately produce an illegal purge of as many as 180,000 otherwise eligible voters based on a flawed, eleventh hour pre-election effort to match voter rolls against the FL driver's license data base.

After receiving the letter from the DOJ, Florida Dept. of State Spokesperson Chris Cates said they intended to continue with their purge anyway. "Bottom line is," Cates told Think Progress, "we are firmly committed to doing the right thing and preventing ineligible voters from being able to cast a ballot."

The purge has already ensnared U.S. citizens like Bill Internicola, the 91-year old, Brooklyn-born, World War II veteran and Bronze Star recipient who fought in the Battle of the Bulge and Archibald Bowyer, another 91-year old WWII vet who has been citizen since the age of 2, and who received his letter from the state warning he would be purged just as his wife had died.

Cates has marginalized such incidents as "a handful of people [who] have been inconvenienced.”

To halt the purge, groups like the ACLU and the DOJ may need to initiate a federal lawsuit in which they seek yet another preliminary injunction, like the one issued late Thursday by U.S. District Court Judge Robert L. Hinkle in League of Women Voters v. Browning [PDF]. That ruling, as we reported on Thursday, spoke to a different aspect of this year's GOP voter suppression effort in FL. Hinkle's ruling ordered an official federal injunction on the draconian restrictions imposed on voter registration workers by the FL GOP, which had earlier led to groups like the League of Women Voters of Florida being forced to cancel their voter registration drives for the first time in some 70 years.

Florida has until June 6th to official respond to the U.S. Dept. of Justice.

Video of Democracy Now segment on the DOJ's response to the FL purge follows...

Guest blogged by Ernest A. Canning

Recently, The BRAD BLOG criticized the undemocratic features of the new "Top Two" open primary system (aka the "Cajun Primary") in California. The new system, approved via a ballot initiative in 2010, changes the state's primary to system to allow a single, open primary in which the two candidates who receive the highest numbers of votes, go on to face each other in the November general election even if the combined totals of the 'Top Two' do not amount to a majority of votes cast in the primary.

In our critique, we cited the race for the newly created CA-26 Congressional seat where, despite a Democratic Party voter registration advantage, come November, voters may be forced to choose between a 'Tea Party' Republican and a stealth Republican who changed her party registration to independent just days prior to the candidate filing deadline because the two are matched against four Democrats on the June 5 "Top Two" primary ballot.

Our analysis drew criticism in comments from some right-leaning readers claiming our critique was simply a case of sour grapes by a progressive author. But, the state's upcoming U.S. Senate race reveals that the undemocratic potential of the 'Cajun Primary' cuts both ways; that there is a distinct possibility that all Californians, come November, will be forced to choose between the incumbent corporate Democratic Sen. Diane Feinstein, and the Occupy Wall Street-connected, computer scientist David Levitt (see video below), who is also a Democrat...

Guest blogged by Ernest A. Canning

When the new Congressional map was first produced by the non-partisan California Citizens Redistricting Commission, CA's GOP leadership expressed concern that it might lose up to five of its nineteen Congressional seats in the bargain.

Although its legal challenge to redistricting was rejected by the CA Supreme Court (a majority of whom were appointed by Republican Governors), the June 5, 2012 "Top Two" open primary (aka "Cajun Primary") contests, approved by a 2010 ballot initiative, may allow for GOP pickups, even in areas where Republican voters represent the minority.

One example is in the newly created CA-26 Congressional District, which reveals a potential formula by which the GOP can overcome adverse party registration numbers --- in that case, 40% (D), 36% (R), 19% (I) --- in order to seize a Congressional seat.

Because four Democrats are competing in the CA-26 primary, long suffering progressives, including this writer, who had previously been forced to cast a protest vote in the now defunct, heavily gerrymandered CA-24 District of the outgoing, extreme right-wing Republican Elton Gallegly, may awake on June 6 to the reality that, come next November, they will be forced to choose between a 'Tea Party' Republican and a County Supervisor who "changed her voter registration...from Republican to 'no party preference' in preparation for her bid for Congress"...