"I didn't leave the Republican Party, it left me." – Former FL Republican Gov. Charlie Crist, 9/6/2012

"Anyone from New York or New Jersey who contributes one penny to the Republican Congressional Campaign Committee should have their head examined." - Rep. Peter King (R-NY), 1/2/2013.

In the wake of the Jan. 1, 2013 decision by House Speaker John Boehner (R-OH) to postpone a vote on Hurricane Sandy relief until after the 113th Congress was sworn in, NY Rep. Peter King's sense of betrayal, which he described as "a knife in the back" in a remarkable floor speech, is understandable, but his proposed remedy is woefully deficient.

The only way that Republicans in an entire region of the country --- the Northeast --- can achieve meaningful representation in the 113th Congress may be by way of a massive party switch. The increasingly rare breed of "moderate House Republicans" may soon only be left with the choice of emulating the late Sen. Arlen Specter's 2009 party switch, by either becoming Democrats or by becoming independents who will caucus with the Democrats.

Of course, that didn't work out terribly well for Specter either...

There has been much debate over the last several weeks over the inaccurate use of scenes of torture in the new film Zero Dark Thirty to suggest that so-called "enhanced interrogation techniques" were key to the capture and ultimate killing of Osama Bin Laden. (See "Zero Dark Thirty's Wrong and Dangerous Conclusion" by Oscar-winning documentarian Alex Gibney, for example, or Glenn Greenwald's "Zero Dark Thirty: new torture-glorifying film wins raves", which asks "Can a movie that relies on fabrications to generate support for war crimes still be considered great?")

Beyond the question of whether it is appropriate or not to use blatantly false and misleading "dramatic license" in a theatrical film which it's filmmaker describes as employing "almost a journalistic approach to film", there is another troubling issue that seems to be getting lost in the debate.

It is disturbing, if not altogether surprising, to find an article on the front page of the Los Angeles Times recently, discussing the film, and its related "debate" amongst Democrats and Republicans on the U.S. Senate Intelligence over "the value of 'enhanced interrogation techniques.'"

The topic is one we have covered extensively here at The BRAD BLOG --- coverage that has included a five-part series on the history of CIA torture and a dire warning that the very survival of our Constitutional Democracy could hinge on justified prosecutions of those who previously ordered or engaged in torture.

In early 2009, in "Fixing the Facts and Legal Opinions Around the Torture Policy," I took dead aim at the sophistry employed by President Barack Obama to evade his constitutionally mandated obligation to see that the laws are faithfully executed. The same Harvard Law School-educated President who said that, in torture, America had lost its "moral bearings," suggested we must only look forward, not back. As I noted at the time, it was an "illogical formulation [that] was incompatible with the very essence of the rule of law."

Those prosecutions were not forthcoming, and, as a result, we find two writers at Los Angeles Times discussing the dispute triggered by the movie, Zero Dark Forty, over the efficacy of torture without so much as a passing reference to the fact that torture is a crime under both U.S. and international law.

This woefully deficient "coverage" drew a sharp and very personal response, given my family's history, by way of a Letter to the Editor I wrote to the paper, which they recently edited, and then published...

In "High Cost of Willfully Misinterpreting the 2nd Amendment" we touched upon the price the American people have paid in lives, injuries and grief, as measured against the extraordinary profits of U.S. small arms manufacturers whose domestic sales of increasingly sophisticated weapons, including the AR-15 and AK-47 styled assault rifles, similar to the one used in the mass shooting in Newton, CT last Friday, climbed to 14 million guns in 2009 alone --- greater than the total number possessed by 21 of the world's standing armies combined.

As the nation reels in the wake of the latest horror at the Sandy Hook Elementary School, it seems a worthwhile task to take a quick look at a partial history of mass shooting events in the U.S., starting with the 1966 University of Texas massacre so that we can take stock of what our nation's strange fascination with guns and ammo has truly wrought --- with increasing frequency since the Federal Assault Weapons Ban expired in 2004...

45 Democratic lawmakers in the U.S. House are calling on Congressional leadership in both chambers to cut $100 billion from a "bloated nuclear weapons budget" as part of the ongoing so-called "fiscal cliff" negotiations.

Rep. Edward J. Markey (D-MA), a senior member of the House Energy and Commerce Committee, issued a press release citing the letter sent to House Speaker John Boehner (R), Minority Leader Nancy Pelosi (D) and Senators Harry Reid (D) and Mitch McConell (R) charging that "Our oversized nuclear weapons arsenal fails to reflect historic reality" and that "Our spending on radioactive relics of the past requires a reality check" after the successful conclusion of the Cold War.

The 45 House Dems list unnecessary current expenditures for "refurbishing a nuclear bomb that no one wants…a Uranium processing facility we do not need…a nuclear bomber when the ones we have will last for decades."

The letter, (posted in full below) implores leadership:

While the letter from the largely progressive Congressional members appears to be a rational step in the right direction, it raises additional questions. Among them: (1) Given that two nations, the U.S. and Russia, possess 95% of the world’s nuclear arsenals, and given that each nation’s individual arsenal is capable of destroying all life on the planet many times over, does it make sense to simply trim only $100 billion from an estimated $640 billion in nuclear weapons expenditures scheduled over the next ten years? (2) Why not couple the immediate request to trim $100 billion from the nuclear weapons budget with a call for a joint resolution of Congress calling upon the President to initiate negotiations under the auspices of the U.N. for a multilateral Treaty that would entail the eventual dismantling of all nuclear arsenals?...

Lisa Graves, of The Center for Media and Democracy [CMD], is "asking citizens to contact their Senator and demand hearings on the way 'dark money' has stealthily influenced the election." The CMD's proposal includes a specific demand that Charles and David Koch be subpoenaed to testify --- something which, Graves explains, the oil and chemical magnate brothers evaded some 15 years ago when U.S. Senator Fred Thompson (R-TN) blocked efforts to force them to testify about their use of front groups to influence elections.

Unlike the GOP, whose calls for "Watergate-style" Benghazi hearings have been described as "political theater," the incoming 55-member Senate Democratic Caucus is in a position to conduct a broad and thorough set of hearings that could expose the ever-present threat to the very survival of democratic governance by what former Vice President Henry A. Wallace described as "the American fascist."

Coming within the context of near universal opposition to the flood of corporate money that drown out the voices of ordinary citizens, such hearings could also serve to catapult growing calls to not only overturn the infamous Citizens United decision but to end the concept of "corporate personhood" and establish that money is not "free speech."

The United States Senate has not been in a position to conduct hearings of such monumental import since Sen. Sam Ervin (D-SC) chaired the Senate Select Committee to Investigate Campaign Practices aka the Senate Watergate Committee...

Amidst disaster, a silver lining?

Hurricane Sandy demolished the policies of individual greed that found their most absurd application in Mitt Romney's prior proposal to privatize disaster relief. The super storm tested the inner resolve and character of a Republican governor, who was forced to choose between the doctrinaire insanity required by his dirty energy billionaire benefactors and responsible governance that, of necessity, includes coordination of critical disaster relief between federal, state and local agencies.

If there's a silver lining to be found in the death and devastation, it exists in how disaster can bring out the best in individuals operating together as a community and in the public function of government of, by and for the people...

Although covering stories of long lines and chaos at polls and malfunctions and breakdowns of electronic e-voting systems and tabulators, has been rather routine at The BRAD BLOG over the past decade, this one is a bit unusual.

According to Kathleen Conti, Town Clerk of Reheboth, MA --- a town of some 12,000 located about 50 miles south of Boston --- a spider's web "blocked a sensor" on an electronic op-scan tabulator (the town uses ES&S' Optech III-P Eagle) preventing the machine from reading paper ballots on Election Day.

The eight-legged election integrity advocate, who forced the town's election staff to hand count some 867 paper ballots, is reportedly still at large.

A little more than four months ago, when The BRAD BLOG first covered the ACLU's legal challenge to the deceptive ballot language that the MN GOP state legislature had used to describe its polling place Photo ID restriction initiative on the November 6 ballot, we expressed the concern that the legal challenge might succeed before the MN Supreme Court, yet fail in the court of public opinion. At the time public opinion polls revealed that 80% of Minnesota voters favored the amendment. We were wrong on both counts.

In August, a divided MN Supreme Court rejected the ACLU's challenge to the language used in the ballot question. By late September, the once popular "Photo ID needed to stop voter fraud" scam had become well enough debunked by so many that, as we we noted at the time, support for the misleading measure in the Land of 10,000 Lakes had "cratered" in public opinion polls there. And, finally, yesterday, MN voters reportedly rejected the Photo ID amendment by a decisive margin of 54% to 46%.

In our original coverage, we cited Mark Twain's famous quip that "a lie can travel halfway around the world while the truth is putting on its shoes," and the pervasive failure of the mainstream media to expose the truth about the GOP's "Big Lie" about pretend "voter fraud." But we had underestimated the extent to which legal challenges to Photo ID and other forms of GOP voter suppression, especially in Pennsylvania, would compel MSM coverage and educate the public...

Earlier today, Brad Friedman reported in detail on the uncertified, "experimental" software patches that Ohio's Secretary of State Jon Husted (R) had secretly contracted [PDF] with Election Systems & Software, Inc. (ES&S) to create and install at the very last minute onto electronic central vote tabulation systems in 39 Ohio counties, encompassing more than 4 million Buckeye State voters.

We noted that Bob Fitrakis, one of the Ohio journalists at the Columbus Free Press who had initially broken the story late last week, was planning to file a legal complaint and temporary restraining order in hopes of blocking the use of the mysterious, untested software on the ES&S central tabulation systems in those counties.

Late tonight, just hours from the official opening of Election Day polls in the Buckeye State tomorrow, we obtained copies of both the complaint [PDF] and the motion for a temporary restraining order [PDF] which have now been filed in the U.S. District Court for the Southern District of Ohio, Eastern Division and where oral argument has been scheduled for tomorrow morning, Election Day, at 9am local time before Judge Gregory L. Frost, a George W. Bush appointee...

The Center for Media and Democracy (CMD), which had previously filed an ethics complaint against 43 Wisconsin state legislators, alleging that their relationship with the American Legislative Exchange Council (ALEC) violated the Badger State’s ethics and lobbying laws, announced that they, together with Common Cause, have prevailed in a separate lawsuit filed against five Republican state legislators whom they alleged sought to conceal ALEC-related records by placing them in their personal email accounts.

In their formal settlement agreement [PDF], the five Republican legislators acknowledged that they were not relieved of their obligation under Wisconsin’s Public Records law to provide such public records, even if the records were located within their personal email account. They agreed to provide the requested records and to reimburse CMD and Common Cause for $2,519.50 in attorney’s fees and costs.

The Oct. 23, 2012 Third Party Presidential Debate between four candidates vying, along with President Obama and Mitt Romney, for the office of the U.S. Presidency, provided a rare, yet valuable glimpse at what a genuine, representative American democracy might look like. The worthy discussion, at the very least, should be read via text transcript, exclusively available here at The BRAD BLOG, for those who lack the time to watch the ninety minute video, embedded below.

Unlike Democracy Now's three expanded debates, which presented third party candidate responses to the questions posed at the three "official" Presidential debates and one Vice-Presidential debate sponsored by the so-called Commission on Presidential Debates, the Oct. 23 debate provided a forum that was not tethered to what co-moderator Christina Tobin of the Free and Equal Foundation, the organizers, described as "the private interests who control our beliefs, our opinions and our lives." Here, questions were neither posed directly by, nor filtered through corporate media-controlled moderators. Rather, they were presented, word-for-word, as submitted by citizens through social media.

With the single exception of the failure of Libertarian Candidate and former New Mexico Republican Governor Gary Johnson to say where he stood on "top-two" primaries (aka "Cajun primaries"), it was a debate in which all candidates left no room for doubt as to where they stood. It was a debate that included in-depth discussion on a wide variety of issues of vital importance, many of which were understandably evaded not only by the two major party Presidential candidates, but by the corporate media in the official debates, because those issues conflict with corporate wealth and power, including the wealth of the corporate-owned media.

It was a debate that began with Tobin's promise of future debates between "more candidates at every level of government" and ended with her surprise announcement of a final, foreign policy debate, next Tuesday, Oct. 30, commencing at 9:00 p.m. ET, broadcast via RT America, between two of the four candidates to be selected via an [ugh] online, instant run-off vote...

As we mark the passing of a progressive icon, three-term U.S. Senator George McGovern (D-SD), and the last true anti-war candidate to be nominated for the Presidency by the Democratic Party, one can't help but think back to what Stephen Victoria labeled in his documentary as One Bright Shining Moment: The Forgotten Summer of George McGovern (see video segments replayed by Democracy Now! below).

As a young college student and Vietnam veteran, this writer has not forgotten the hope of that summer, the disappointment of the Richard Nixon landslide, the ensuing Watergate scandal, the "Don't Blame Me, I Voted for McGovern" bumper stickers, or how difficult it was to find anyone by the end of 1973 who would admit they voted for Nixon. How different our circumstances might be today if America had appreciated the wisdom of this great man of peace back then.

Democracy Now! excerpts from One Bright Shining Moment follow...

Democracy Now!'s "extended second debate" (see video below), featuring third-party candidate responses to questions from last week's "official" Presidential Debate at Hofstra University side-by-side with the two main party candidates, illustrates the malaise of an American electorate which senses a fundamental disconnect between the promise of "change we can believe in" offered up by one of two corporate sponsored candidates, even as political and economic inequality, outsourcing and war have expanded over the past four years.

Yet, the only other voice generally offered to the American electorate is the 21st century equivalent to a snake-oil salesman, whose entire work in the private sector, along with a brief stint as a governor, have been devoted to outsourcing, predatory capitalism and greater inequality. He is a candidate who not only seeks to retain the deficit-exploding Bush tax cuts, but wants to pile on with a $5 trillion pig-in-a-poke tax cut for the billionaire class. That tax-cut, coupled with a massive give-away to the military-industrial complex would, of necessity, reduce government to the point that it would be incapable of performing its constitutionally recognized core function of promoting the general welfare.

The comments made by Dr. Jill Stein, the Green Party Presidential candidate, at the time of her unsuccessful attempt to enter the second Presidential debate --- an attempt which resulted in her being arrested and cuffed to a chair for eight hours --- along with the substantive dialogue produced by Stein, Justice Party Presidential candidate Rocky Anderson, and Constitution Party Presidential candidate Virgil Goode, Jr., during Democracy Now's "extended second debate", underscore what Noam Chomsky referred to in Failed States as the "democracy deficit" --- the significant gap between the policy positions of the vast majority of American citizens and the political elites who supposedly represent them...

The old baseball adage that three strikes and you are out applies to Ohio's Republican Secretary of State Jon Husted and his underhanded effort to emulate his predecessor, the infamous J. Kenneth Blackwell (R), by preventing Early Voting for all over the last three days before the November 6, 2012 election.

That effort, to restrict voting in those days to active-duty military voters only, was first rejected by U.S. District Court Judge Peter Economus (strike one!) whose decision was upheld in all aspects by a three judge panel of the U.S. Sixth Circuit Court of Appeal --- strike two!

Now comes an order from the U.S. Supreme Court summarily rejecting Husted's eleventh hour request for a stay of Judge Economus' decision --- strike three!

When Brad Friedman interviewed the former Democratic Ohio Sec. of State Jennifer Brunner in mid-August, she explained how Husted's efforts to limit early voting were "clearly aimed at 'Souls to the Polls,'" the very successful effort by African-American churches to encourage their congregations to get out and vote on the Sunday before Election Day. During the 2008 election, nearly 100,000 largely Democratic-leaning voters cast their vote over that weekend.

Husted, who previously backed off an earlier effort to obstruct Judge Economus' initial order, filing an apology to the court in early September, has now issued a directive informing all County Election Boards "to open for early voting from 8 a.m.-2 p.m. on Nov. 3, 1-5 p.m. on Nov. 4 and 8 a.m.-2 p.m. on Nov. 5," according to the Chicago Tribune.

Contrary to the initial lie spun by the right wing echo chamber and by Mitt Romney himself, this case in no way impacted the right of military voters to cast Early Absentee ballots. To the contrary, it assured that all lawfully registered voters could do so.

This is a very clear victory for democracy.

UPDATE: The order [PDF] reveals that although Husted filed the application for a stay with Justice Kagan, she referred the request "to the Court," which, in turn, denied the stay without any dissents.

Where, in Pennsylvania, the state GOP admitted that they are not aware of so much as a single instance in which an ordinary citizen has been charged with, let alone convicted of in-person voter impersonation --- the only form of voter fraud that can be prevented by disenfranchising polling place Photo ID restriction laws --- there have been a growing number of claims that political elites have used a false residence to vote, often to insure their own elections in a district where they do not reside.

On October 2, a Los Angeles Superior Court Judge ordered that "Los Angeles City Councilman Richard Alarcon [D] and his wife will face trial on 23 felony counts of perjury and voter fraud" when the couple allegedly used a false address to both vote and qualify for elective office within LA's 7th district, according to Los Angeles Times. The Alarcons claim they were simply using a second home outside the district while their other home was being renovated.

The issue of false residency voter fraud is neither novel nor limited to Democrats like Alarcon. Indeed, as Brad Friedman has tirelessly documented, the issue of false residency voter fraud amongst high-profile Republicans --- including the GOP's 2012 nominee for President of the United States --- has approached epidemic proportions.

Class, as well as party, may explain the disparity between the ability of the elites to commit false residency voter fraud with near impunity as compared to the harsh impact of Photo ID laws that address a phantom menace as applied to the most vulnerable segments of our society.

Here are just a few recent cases of false residency voter fraud by some faces you will be very familiar with. Only one of them, to date, has faced any sort of actual accountability for their election crimes...