By PETER BAKER and JULIE HIRSCHFELD DAVISNOV in The New York Times
President Obama on Thursday attended a meeting of leaders of Southeast Asian nations in Myanmar’ s capital, Naypyidaw. Credit Christophe Archambault/Agence France-Presse — Getty Images
WASHINGTON — President Obama emerged from last week’s midterm election rejected by voters, hobbled politically and doomed to a final two years in office suffering from early lame-duck syndrome. That, at least, was the consensus in both parties. No one seems to have told Mr. Obama.
In the 10 days since “we got beat,” as he put it, by Republicans who captured the Senate and bolstered control over the House, Mr. Obama has flexed his muscles on immigration, climate change and the Internet, demonstrating that he still aspires to enact sweeping policies that could help define his legacy.
The timing of the three different decisions was to some extent a function of separate policy clocks, not simply a White House political strategy. Mr. Obama, for example, had been scheduled to travel to China for a summit meeting in mid-November, and American officials have been trying for most of the year to negotiate a climate agreement for him to announce while in Beijing.
Still, even if by happenstance, the back-to-back moves have reinforced Mr. Obama’s desire to assert himself in a period when his poll numbers and political capital are at their lowest ebbs. While losing Congress was a grievous blow that will further challenge his capacity to govern, advisers said that he feels liberated. He can now pursue his long-term agenda, they said, without being tethered to the short-term electoral concerns of his party’s leadership in Congress.
In the process, though, Mr. Obama has angered Republicans who accuse him of essentially defying the message sent by the electorate. All of the talk by the White House in recent days of working together with the new Congress seems belied by a president who has wasted little time advancing some of the same policies that were renounced just a week ago, Republicans said.
“The president is completely ignoring the will of the American voters, who turned out on Election Day and overwhelmingly elected people who wanted to change the direction of the country,” Senator John Barrasso of Wyoming, chairman of the Senate Republican Policy Committee, said in an interview. “Even today, the new polls show Americans would rather have Republicans make the agenda changes than the president.”
Dan Kysor’s guide dog, Harry, lies next to him as poll workers help him vote using an adaptive computer at the California Museum in Sacramento, California, November 4, 2014.
SACRAMENTO —Democrats won every statewide office and a comfortable majority of the congressional delegation and legislative seats. Yet at Capitol Weekly’s election postmortem confab Thursday, Republicans were giddy and many Democrats were, well, agitated.
Even for California Republicans, Tuesday was heavenly. To start, they spent Tuesday night watching the GOP make big gains nationally — a happy change of pace. In state, it’s true as Democratic strategist Jason Kinney pronounced, Dems had a “wildly successful year.” The Dems won every statewide office on the ballot and the majority of legislative districts. Still, the GOP well may have poached three Democratically controlled congressional seats. Longtime incumbent Rep. Jim Costa, D-Fresno, was trailing against a little-known Republican dairy farmer named Johnny Tacherra — even though Costa’s seat was not on politicos’ watch lists.
Republicans picked up seats and prevented the Democrats from holding supermajorities in both houses of the Legislature. It’s the first time, wrote California Target Book publisher Allan Hoffenblum, that any Democratic incumbents were defeated since 1994. What’s more, the GOP put three Asian American women in the Legislature.
So the Dems should have been high-fiving each other, right? Instead, California Democratic Party Chief Financial Officer Angie Tate told the audience that people juggling two jobs and families didn’t feel like they had time to vote. And: “Did we lose some races? Most definitely. Did we know coming in we’d lose some races? Duh.”
The folks who watch these things believe that when all the ballots are counted, the turnout will be lower than the state’s record low turnout of 50.6 percent of registered voters in November 2002. Panelists predicted a new low, a turnout below 40 percent. Sacramento has passed a rash of laws to make it almost automatic to register, as easy as going to the mailbox to pick up your ballot, and Californians are increasingly less likely to vote.
And that is the big takeaway from the 2014 midterm election: Even where it was easier than ever to register and vote, people didn’t.
Elderly voters board a van that will take them to a polling station in Atlanta on the first day of early voting, Oct. 13, 2014. via Al Jazeera America
Election officials in 27 states, most of them Republicans, have launched a program that threatens a massive purge of voters from the rolls. Millions, especially black, Hispanic and Asian-American voters, are at risk. Already, tens of thousands have been removed in at least one battleground state, and the numbers are expected to climb, according to a six-month-long, nationwide investigation by Al Jazeera America.
At the heart of this voter-roll scrub is the Interstate Crosscheck program, which has generated a master list of nearly 7 million names. Officials say that these names represent legions of fraudsters who are not only registered but have actually voted in two or more states in the same election — a felony punishable by 2 to 10 years in prison.
Until now, state elections officials have refused to turn over their Crosscheck lists, some on grounds that these voters are subject to criminal investigation. Now, for the first time, three states — Georgia, Virginia and Washington — have released their lists to Al Jazeera America, providing a total of just over 2 million names.
The Crosscheck list of suspected double voters has been compiled by matching names from roughly 110 million voter records from participating states. Interstate Crosscheck is the pet project of Kansas’ controversial Republican secretary of state, Kris Kobach, known for his crusade against voter fraud.
Based on the Crosscheck lists, officials have begun the process of removing names from the rolls — beginning with 41,637 in Virginia alone. Yet the criteria used for matching these double voters are disturbingly inadequate.
There are 6,951,484 names on the target list of the 28 states in the Crosscheck group; each of them represents a suspected double voter whose registration has now become subject to challenge and removal. According to a 2013 presentation by Kobach to the National Association of State Election Directors, the program is a highly sophisticated voter-fraud-detection system. The sample matches he showed his audience included the following criteria: first, last and middle name or initial; date of birth; suffixes; and Social Security number, or at least its last four digits.
In North Carolina, Republican officials are loudly proclaiming their hunt for alleged double voters using Crosscheck. But in nearby Georgia, Democratic leaders say they are shocked that they have been kept in the dark about the state’s use of Crosscheck lists — and the racial profile of the targeted voters.
“It’s biased, I think, both in form and intent,” says Rep. Stacey Abrams, leader of the Democrats in the Georgia state legislature. “But more concerning to me is the fact this is being done stealthfully. … We have never had this information presented to us.”
Abrams, in her second role as founder of New Georgia Project, a nonpartisan voter registration group, has, in coordination with the NAACP, already sued Georgia’s Republican secretary of state, Brian Kemp, on behalf of 56,001 voters who filled out registration forms but have yet to see their names appear on voter rolls.
Al Jazeera America showed the Crosscheck lists to Martin Luther King III, who succeeded his father and Lowery to lead the SCLC. He notes that using shoddily put-together lists of supposed matches is not a new tactic. The capture of common names is certain to ensnare black voters, he says, and reminds him of the presidential race of 2000, when Florida Secretary of State Katherine Harris wrongly purged voters from a list of nearly 58,000, many of them African-American. They were purged on the grounds that they were felons and thus banned from voting, which helped to hand the presidency to George W. Bush. Yet not one was found guilty of voting illegally. Once again, King notes, this minority-heavy list falsely flags fraudulent voters. Compared to the prior purge, this new one is more sophisticated, he says. “I hate to characterize it as a trick [but] it really is. It really is about trying to control who can and cannot vote.”
With millions of suspects, one question keeps arising: Why have there been no mass convictions? Kobach proudly proclaims that Kansas has “referred” 14 voters for prosecution for double voting. And none of them has been convicted.
Yet demands to purge lists of double voters have reached a histrionic volume. In April of this year, former presidential counselor Dick Morris told Fox TV audiences that “probably over a million people that voted twice in [the 2012] election. This is the first concrete evidence we’ve ever had of massive voter fraud.”
In North Carolina, state officials have hired former FBI agent Charles W. “Chuck” Stuber, who played a major role in the campaign finance fraud case brought against former North Carolina Sen. John Edwards, to, in the words of their press release, “investigate cases of possible voter fraud identified by an interstate cross-check comparing election records from 28 states.”
But despite knowing the names and addresses of 192,207 supposed double voters in the state, Stuber has not nabbed a single one in his five months on the job. Josh Lawson, a spokesman for the board of elections, says, “This agency has made no determination as to which portion of these [lists] represent data error or voter fraud.” In fact, to date, Lawson admits that Stuber has found only errors and not one verified fraudulent voter.
But Lawson did shine a light on the great benefit of the Crosscheck manhunt to the state’s Republican Party, now locked in a tight battle over the U.S. Senate seat of incumbent Democrat Kay Hagan. While the use of Crosscheck has yet to produce a single indictment of a double voter, Lawson says, the program could be used for “list maintenance.” That is, voters on the list, proven guilty or not, could be subject to a process of removal from the voter rolls.
Dr. Francys Johnson with the NAACP leads an occupation of the Georgia State Capitol to protest voter suppression. Photo credit: Alice Ollstein
ATLANTA, GEORGIA—On Tuesday, Judge Christopher Brasher of the Fulton County Superior Court denied a petition from civil rights advocates to force Georgia’s Secretary of State to process an estimated 40,000 voter registrations that have gone missing from the public database.
Though early voting is well underway in the state, Judge Brasher called the lawsuit “premature,” and said it was based on “merely set out suspicions and fears that the [state officials] will fail to carry out their mandatory duties.”
The New Georgia Project, who spearheaded the voter registration drive and brought the lawsuit against the state, vowed Tuesday to “continue to pursue all legal avenues available.” But with the election mere days away, there may be little remedy for the tens of thousands of people who submitted all necessary documents, but have still not received a registration card. Four of those impacted voters were present at the court hearing, but were denied the opportunity to testify.
On Monday, dozens of Georgians occupied the Secretary of State’s office to demand he meet with them and explain what happened to the tens of thousands of missing registrations. At that protest, in which eight activists were arrested, former American Government teacher and civil rights lawyer Marsha Burrofsky told ThinkProgress she suspects foul play.
“When we started registering people this spring, people were saying, ‘You know, I registered six months ago, but I haven’t gotten anything yet!’ We thought that was strange,” she said. So we sat down with our list of registrations and checked, and about 20 to 20 percent were not showing up. We truly don’t know where things stand with them.”
Burrofsky said the people she registered in Dunwoody, Georgia, a more affluent and conservative community, did show up in the system, while those in more diverse and low-income communities in DeKalb County mysteriously disappeared.
The explosion and enforcement of restrictive voter ID laws make this one thing very clear
Rick Scott, Karl Rove, Rick Perry (Credit: AP/J. Scott Applewhite/LM Otero/Rich Pedroncelli/Photo montage by Salon)
Last week, the Supreme Court upheld a law that could disenfranchise 600,000 Texans. But the effects of the law won’t fall equally: African-Americans and Latinos are 305 percent and 195 percent less likely (respectively) to have the necessary forms of identification than whites. The Republican party is increasingly unpopular, and relies almost exclusively on white voters. The charts below show the 2008 if only white men voted and if only people of color voted (source). Since 2008, people of color become a growing share of the voting population while the GOP has, if anything, moved further to the right. It has further alienated voters of color with racist attacks and laws. But as they say: if you can’t beat ‘em, make sure they don’t vote. Over the last four years the Republicans have gone through elaborate attempts to make sure populations that don’t support them don’t get a chance to vote.
Since 2006, Republicans have pushed through voter ID laws in 34 states. Such laws did not exist before 2006, when Indiana passed the first voter ID law. The laws were ostensibly aimed at preventing voter fraud, but a News21 investigation finds only 2,068 instance of alleged fraud since 2000 (that is out of over 146 million voters). They estimate that there is one accusation of voter fraud for every 15 million voters. As Mother Jones notes, instances of voter fraud are more rare than UFO sightings. There have been only 13 instances of in-person voter fraud (the sorts that a voter ID law would reduce), while 47,000 people claim to have seen a UFO.
On the other hand, research by the Brennan Center for Justice finds that, “as many as 11 percent of eligible voters do not have government-issued photo ID.” Those who do not have ID are most likely to be “ seniors, people of color, people with disabilities, low-income voters, and students” — i.e.. people who vote Democratic (chart source).
There is now a large literature studying the effects of voter ID laws. James Avery and Mark Peffley find, “states with restrictive voter registration laws are much more likely to be biased toward upper-class turnout.” The GAO finds that voter ID laws reduce turnout among those between ages 18-23 and African-Americans (two key Democratic constituencies). A 2013 study finds that the proposal and passage of voter ID laws are “highly partisan, strategic, and racialized affairs.” They write, “Our findings confirm that Democrats are justified in their concern that restrictive voter legislation takes aim along racial lines with strategic partisan intent.” [Italics in original] The authors also find that increases in low-income voter turnout triggered voter ID laws. A more recent study finds, “where elections are competitive, the furtherance of restrictive voter ID laws is a means of maintaining Republican support while curtailing Democratic electoral gains.” That is, not all Republican legislatures propose voter ID laws — only those that face strong competition from Democrats. If Republicans are concerned about election integrity, why do they only pass voter ID laws when they’re about to lose an election? Because they’re cheaters.
Voter ID laws are also racially motivated. A recent study finds that voters are significantly more likely to support a voter ID law when they are shown pictures of black people voting than when shown white people voting. One voter ID group had a picture on their website showing a black inmate voting and a man wearing a mariachi outfit — clearly playing off racial stereotypes.
Kenneth Williams sues cops for mistakenly jailing him for a year [WSB-TV]
A 60-year-old Georgia Army veteran filed a lawsuit against authorities in Fulton County on Friday for allegedly putting him in jail and forcing him into a hospital after confusing him for another suspect, WSB-TV reported.
Attorneys for Kenneth Williams said charges against their client were “co-mingled” with those of a man using a similar alias, causing him to spend seven months in county jail before being sent to Georgia Regional Hospital, where he was “force-medicated” with psychotropic drugs after telling officials about the error.
“It’s frightening when you know you aren’t the person,” Williams told WSB.
According to WSB, Williams’ issues began in January 2011, when he was arrested and charged with misdemeanor criminal trespassing. He was serving a 16-day jail sentence when a man identified as “K.W.” was jailed on felony charges for heroin possession.
But beginning in June 2012, Williams was arrested three times on warrants connected to K.W. The third arrest, in March 2013, led to Williams being sent to county jail.
The Atlanta Journal-Constitution reported that in October 2013, Superior Court Judge T. Jackson Bedford ruled that the hospital could medicate Williams against his will so that he could be competent to stand trial on the charges levied against K.W.
The court ruled at the time that Williams was not fit for trial because he insisted he was not K.W. In what attorney John Merchant called a “cruel irony,” K.W. was arrested and jailed twice and released while Williams was serving time for his alleged offenses.
Protesters marched Tuesday in Ferguson, Mo., where the shooting death of a black teenager by a white police officer has spurred 10 days of unrest. Credit Charlie Riedel/Associated Press
By FRANCES ROBLES and MICHAEL S. SCHMIDTAUG in The New York Times
FERGUSON, Mo. — As a county grand jury prepared to hear evidence on Wednesday in the shooting death of a black teenager by a white police officer that touched off 10 days of unrest here, witnesses have given investigators sharply conflicting accounts of the killing.
Some of the accounts seem to agree on how the fatal altercation initially unfolded: with a struggle between the officer, Darren Wilson, and the teenager, Michael Brown. Officer Wilson was inside his patrol car at the time, while Mr. Brown, who was unarmed, was leaning in through an open window.
Many witnesses also agreed on what happened next: Officer Wilson’s firearm went off inside the car, Mr. Brown ran away, the officer got out of his car and began firing toward Mr. Brown, and then Mr. Brown stopped, turned around and faced the officer.
But on the crucial moments that followed, the accounts differ sharply, officials say. Some witnesses say that Mr. Brown, 18, moved toward Officer Wilson, possibly in a threatening manner, when the officer shot him dead. But others say that Mr. Brown was not moving and may even have had his hands up when he was killed.
Gov. Rick Perry during a speech on Aug. 8 in Fort Worth. Credit Tony Gutierrez/Associated Press
AUSTIN, Tex. — A grand jury indicted Gov. Rick Perry on two felony counts on Friday, charging that he abused his power last year when he tried to pressure the district attorney here, a Democrat, to step down by threatening to cut off state financing to her office.
The indictment left Mr. Perry, a Republican, the first Texas governor in nearly 100 years to face criminal charges and presented a major roadblock to his presidential ambitions at the very time that he had been showing signs of making a comeback.
Grand jurors in Travis County charged Mr. Perry with abusing his official capacity and coercing a public servant, according to Michael McCrum, the special prosecutor assigned to the case.
The long-simmering case has centered on Mr. Perry’s veto power as governor. His critics asserted that he used that power as leverage to try to get an elected official — Rosemary Lehmberg, the district attorney in Travis County — to step down after her arrest on a drunken-driving charge last year. Ms. Lehmberg is Austin’s top prosecutor and oversees a powerful public corruption unit that investigates state, local and federal officials; its work led to the 2005 indictment of a former Republican congressman, Tom DeLay, on charges of violating campaign finance laws.
ALEC is pushing state legislators to call for an amendment to the Constitution, which would require the federal budget to be balanced each year. (Image via Shutterstock)
By Jessica Mason in Truthout
The United States could be on the verge of calling its first constitutional convention since 1787, and the American Legislative Exchange Council, or “ALEC,” has been working behind the scenes to make it happen, including through its new lobbying arm, the Jeffersonian Project.
ALEC is urging state legislators to pass state resolutions calling for a constitutional convention in order to pass a federal balanced budget amendment.
The campaign has attracted little media attention, but the pieces of legislation that could trigger a convention are moving forward much more quickly than many have anticipated. Although there are many unanswered legal questions about the constitutional convention strategy — and fears on both the right and left of an out-of-control “runaway…
Michigan, New Jersey and Ohio were among states that reported the biggest decrease in claims in the week ended July 12 amid fewer firings in manufacturing and transportation industries. That may indicate more auto plants than usual remained open this year to meet improving demand. photographer: Jeff Kowalsky/Bloomberg
By Nina Glinski and Victoria Stilwell in Bloomberg News
The number of Americans filing applications for unemployment benefits dropped last week to the lowest level in more than eight years, reflecting what could be a pickup in auto making during a typically slow time of year.
Jobless claims fell by 19,000 to 284,000 in the week ended July 19, the fewest since February 2006 and lower than any economist surveyed by Bloomberg forecast, a Labor Department report showed today in Washington. Applications can be volatile in July because of auto plant shutdowns, even as state data showed nothing inconsistent with prior years, a Labor Department spokesman said as the data was released to the press.
Fewer claims signal employers are reluctant to let go of staff as the talent pool shrinks and sales improve. A tightening labor market could lift wages and spur consumer spending, which accounts for about 70 percent of the economy.
The four-week average of jobless claims, considered a less volatile measure than the weekly figure, decreased to 302,000, the lowest since May 2007, from 309,250 in the prior week.
The number of people continuing to receive jobless benefits declined by 8,000 to 2.5 million in the week ended July 12, the fewest since June 2007. The unemployment rate among people eligible for benefits held at 1.9 percent, today’s report showed. These data are reported with a one-week lag.
Employers added 288,000 jobs in June, lifting the average monthly advance so far in 2014 to almost 231,000. If that pace is sustained, it would be the best year since 1999.
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