w/ Brad & Desi
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BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
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VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
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'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
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GOP Voter Registration Fraud Scandal 2012...
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The Secret Koch Brothers Tapes...
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Today on The BradCast: His various attempts to undermine the Constitution and American civil rights law continue to be blocked by judges in the courts. But that isn't stopping the President and his lackeys from gutting civil rights protections and environmental justice enforcement at key federal agencies...for the moment. Nor is it stopping our guest today, a 30-year EPA veteran, from continuing the good fight at her agency. [Audio link to full show follows this summary.]
FIRST UP... Donald Trump proved to be a loser again on Thursday in three different federal courtrooms, in three different civil rights-related law suits, as determined by three different federal district judges (one of whom was appointed by him.) Two of the judges, one in New Hampshire, the other in Maryland, blocked his Dept. of Education's attempt to cut funding to K-12 schools with anti-discrimination or DEI (diversity, equity and inclusion) programs.
The third civil rights-related court loss for Trump today was in D.C., where a federal judge blocked his attempt to mandate proof of citizenship when registering to vote, as per his recent attempted power grab via an Executive Order meant to undermine democracy, U.S. elections and the right to vote.
In the meantime, Harmeet Dhillon --- a rightwing culture warrior clown and former Trump 2020 "Stop the Steal" attorney --- has been appointed to oversee the Dept. of Justice's Civil Rights Division, where she has reportedly unleashed a "bloodbath" among senior officials at the office which oversees, among other things, voting rights. Current and former employees at the division charge that Dhillon is turning civil rights law upside down, by using it, as one former department employee familiar with the new changes said, to "victimize the very people it was created to protect."
THEN... In related-ish news, we reported earlier this week that Trump's new EPA Administrator, Lee Zeldin, sent letters to some 450 staffers at the Agency's Environmental Justice and External Civil Rights office, notifying them that they are being fired or reassigned as the office is being shut down. The firing letters to longtime staffers --- including scientists, researches and attorneys --- were sent on Monday night, Earth Day eve.
The EPA's Environmental Justice office, created during the Administration of Republican President George H.W. Bush, is tasked with protecting minority communities who are often most vulnerable to toxic emissions from chemical plants and oil refineries. Down in Louisiana's "Cancer Alley", for instance, there are about 150 plants and refineries concentrated along a stretch of land between New Orleans and Baton Rouge. The population in the area is mostly Black, and multiple studies have found that nearly every census tract in the area ranks in the top 5% nationally for cancer risk.
Since taking office, however, Team Trump have pledged to "end the use of 'environmental justice' as a tool for advancing ideological priorities" and have been unwinding the unit's work under previous Presidents. For example, under Joe Biden's Administration, the EPA sued the owner of a Cancer Alley chemical plant where cancer cases were found to be 44% higher for those who lived within one mile of the plant than the national rate. The Biden Administration sued the company to clean up their act. The Trump EPA recently withdrew the lawsuit.
Amidst those horrors, we're delighted to be joined today by JOYCE HOWELL, 30-year veteran EPA senior attorney and Executive Vice President of the American Federation of Government Employees (AFGE)'s Council 238, representing some 8,400 EPA workers nationwide.
"'Environmental justice' is just another extension of the fundamental American right to equal protection under the law," she tells me when I ask her to explain what the phrase actually means. "To ensure that, no matter where you live, the laws that protect human health and the environment will apply to you. Environmental justice gives people the avenue for their voices to be heard when determinations are made about where to put a factory that spews so much pollution, relative to where they live. Or, if they are already living there, and there's someplace nearby that impacts them, that they would be able to, as members of the public, have their voice heard with regard to the permitting of that plant, to the number of inspections that take place [and] the oversight of programs that are delegated from EPA to the state."
Howell finds it "disconcerting" that EPA Administrator Zeldin has shut down the Environmental Justice office, removing its history from the Agency's website, dismissing the work of the office as ineffective and "an excuse to fund left-wing activist groups". That, as Zeldin vows to slash the EPA budget by 65%.
She tells me that while work is continuing at the EPA nonetheless, its "enforcement program has slowed down tremendously." More than even "under Trump 1," when she also served. Explaining how she, and her colleagues at the Agency, survived his first term, Howell says, "We do what we always do: we put our heads down and we did our work. That's what carried us through."
Her union, AFGE, may have plans to challenge the recent layoffs and reassignments in court, though she did not yet want to give away their thinking on that. But, when I asked why she was willing to speak on the record on these matters, --- while many of her current and former EPA colleagues have been speaking to the media under condition of anonymity due to concerns of retaliation --- Howell notes that, since she speaks on behalf of the union, she may have some protections under federal labor law that others may not, protecting her "speech on behalf of workers."
But, she adds, she recently "attended an organizing meeting and someone said, 'Cowardice is contagious. So is courage.' And I thought to myself, yeah, that's true. For me, it's important. I haven't been at EPA for all these years just to get a salary. I am there because I believe in the mission. I will tell you every single person there feels strongly the same way. We don't do it on behalf of ourselves. We do it on behalf of the American people."
I hope you'll turn in for a very interesting conversation today.
FINALLY... Desi Doyen helps us close today's show with our latest Green News Report, at the end of a very green --- and sometimes all too toxic --- Earth Day week!...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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IN TODAY'S RADIO REPORT: Largest coral bleaching event on record, impacting 84% of world's reefs; Trump says he loves coal miners even while cutting programs that help keep miners alive; PLUS: Trump White House guts funding for federal climate and weather research... 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): Nearly half of Americans breathing unsafe levels of air pollutants; Interior Department to fast-track oil, gas and mining projects; GOP support of carbon capture fractures in Louisiana, nationally; How "beautiful clean coal" is raising costs, and killing us; Oregon House passes bill making large data centers pay for power grid costs; From China to EU, world leaders meet on climate without US officials... PLUS: The economic case for preserving America's wetlands... and much, MUCH more! ...
On today's BradCast: As you know, much of what we hold dear in these United States is under assault right now, thanks to the man we were collectively dumb enough to elect as President last year. But, for countless reasons, no single institution may be more important to help protect than our nation's free press, which is under far greater fire than I think most Americans realize. [Audio link to full show follows this summary.]
Sadly, that attack has now been joined by too many of the major corporate outlets that control far too many of our previously independent mainstream news sources, all the way down to the local level. And the worst of them, as we've recently learned, are all too willing to hoax their own customers into unknowingly joining the battle.
We've got a number of U.S. media-under-attack stories for you today, from international U.S. media to national media to local media.
First, a bit of encouraging news on the international level. On Tuesday, a federal judge ordered [PDF] the restoration of the 83-year old, Congressionally-mandated and funded Voice of America. The international news outlet, originally created by the U.S. to counter Nazi propaganda in Europe, had been broadcasting continuously since 1942, until Donald Trump ordered its parent agency, the United States Agency for Global Media (USAGM) shut down last month. Some 1,300 VOA staffers and contractors were sidelined, as the airwaves of VOA and its USAGM-overseen sister networks such as Radio Free Asia and the Middle East Broadcasting fell silent. A number of VOA journalists sued, and on Tuesday, the court ordered USAGM to return employees and contractors to their pre-March 14 status. That's good news, though VOA is not fully back yet, and the Administration is expected, of course, to appeal the ruling.
Nationally, corporate pressure super-charged by Trump is also threatening another American broadcast institution. 60 Minutes' longtime executive producer, Bill Owens, quit on Tuesday amid pressure from CBS' corporate owners Paramount, as the company is seeking approval from the Administration for a corporate merger with an outfit called Skydance. That approval, however, is threatened by Trump, who filed a laughable, $20 billion suit against the top-rated, long-running newsmagazine after he didn't like an interview they aired with Kamala Harris before last year's election. Since then, Trump has similarly bristled at tough reports from the notoriously independent new program, charging that they will "pay a big price" for daring to report accurately on his Administration. We don't yet know the full story of what happened at 60 Minutes. But as Paramount is hoping to settle Trump's ridiculous suit, Owens told staffers that the program's independence is threatened, so it was time for him to leave. That, even as he told the show's employees that it is "too important to the country" for them to quit in protest.
From attacks against the U.S. international free press to the national level, we finally arrive on today program at still more threats newly underway against highly-trusted local news outlets, thanks in no small part to collusion between giant corporate broadcasters and the Trump Administration's corrupted FCC.
Last month, Trump's newly-seated Federal Communications Commission Chair, Brendan Carr, announced a new initiative to gut FCC radio and television rules that he described in a notice seeking public comment as his "Delete, Delete, Delete" plan [PDF].
As The Desk detailed earlier this month, the nation's largest owner of local television stations, Nexstar Media Group --- which controls more than 200 TV stations in more than 160 markets across the country --- ordered the local newsrooms at all of the stations it operates (including affiliates of NBC, CBS, ABC, Fox, CW, etc.), to create a "news" story from deceptive, misleading talking points that suggest that the FCC was seeking comment from the public on regulations that "threaten the growth of your local TV news stations". Each, nearly identical report, voiced by local anchors, aired on dozens of stations, instructing viewers to visit a weblink that resolves to a Nexstar-run page instructing them how to let the FCC know that viewers are "worried about the long-term health of my local television stations" and want to "eliminate the regulations that are threatening the growth of my local TV station."
As a number of employees at some of those stations told The Desk on background, however, they were uncomfortable running the reports as "news", but were given no choice by their corporate parents at Nexstar.
Given the national power company, which already rakes in some $5 billion per year, it's hardly a surprise that we haven't heard much about this story in the corporate media. We do our best to make up for that today.
Our guest is the longtime award-winning broadcast journalism veteran turned media activist SUE WILSON, who described some of this earlier today in an article at The BRAD BLOG headlined "Trump's FCC on Precipice of Ending All Limits on Corporate Control of Local TV News Stations". In it, she explains how Nexstar already controls two --- and sometimes three (with FCC permission) --- TV stations in virtually every major media market in the country. But now, with the FCC's Carr looking to "delete, delete, delete" as many regulations as possible, the company is hoping to do away with remaining restrictions on how many stations any single company may control both nationally and at the local market level.
Wilson details how Nexstar and fellow broadcast goliath Sinclair, a far-right outlet who ordered a similar "must-run" package for its nearly 200 stations in support of Trump back in 2018, have long been gaming the system meant to limit corporate control of local stations. Today she details how they are colluding with the new FCC Chair to simply gut regulatory ownership limits while ignoring, or somehow working around, those that have been implemented statutorily by Congress.
"What we are seeing more and more across the United States is that you can turn on your TV set, and you can watch a local news reporter do a report," she tells me today. "You turn to the next station and it's the same reporter doing the exact same report." And that, of course, is with the limits currently in place --- the ones that Nexstar are misleading their own viewers into helping them make it worse. Worse for viewers, anyway, if not more profitable for Nexstar, Sinclair and the others.
Wilson also details today --- as she did in her article earlier --- how you can, and should, respond yourself to the FCC's call for comments. But you will need to do it quickly. Final comments are supposed to be filed --- either by Twitter/X or via the FCC's Comment site --- by Monday, April 28.
"We are fighting a juggernaut in the Capitol. They want to deregulate the media. They want to take over the media, is what they are really after. We have to stop them," argues Wilson, urging listeners to remind the FCC in comments that the "publicly-owned airwaves belong to us."
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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It's time to speak up loudly to the FCC to save our local TV news! The newly captured and Trump-led Federal Communications Commission is taking comments right now from the public about any and all broadcast regulations we think should be changed or removed entirely. It sounds innocuous enough, but...the so-called "Delete, Delete, Delete" initiative is aimed at nothing less than destroying all competition in local TV news, effectively destroying local news itself...
There are two issues of note here, both designed to prevent a single giant corporation from having too large of a voice in both our local communities and our national zeitgeist. Nationally, the 1996 Telecommunications Act provides that one TV broadcaster may reach no more than 39% of the total U.S. population. Locally, FCC Rules mandate that broadcasters may license One network TV station (ABC, CBS, FOX, NBC) plus one non-network (think CW) station in a single local TV market unless they obtain a waiver from the Commission. The National Association of Broadcasters are trying to upend both (and falsely claiming the 39% cap is an FCC rule, when it is actual statutory law.)
How many of you switch from one local TV station to another, only to see the exact same report? Not just the same reporter, but the exact same report? It's happening all across the nation. I have witnessed it, and so have millions. This is the model Big Broadcasting (Sinclair, Nexstar, Tegna and others) are already using. Now, potentially with the help of their own regulators on a captured FCC, they're trying to expand that model.
This pattern plays out in dozens of local TV markets across the United States, and not just with Sinclair, a notorious right-wing outlet. As my organization, Media Action Center, pointed out in Comments to the FCC and an Amicus Brief to the U.S. Supreme Court, when Nexstar, Sinclair, Tegna and others control two or three stations in the same town, they merely broadcast the exact same stories across all of their stations.
Last month, the new Trump-confirmed FCC Chair Brendan Carr put out a statement on X/Twitter describing his deregulatory "Delete, Delete, Delete!" initiative. The text of the tweet with the attachment statement trumpeted: "NEW: Chairman Carr has announced a massive new deregulatory initiative, opening up a docket to seek comment on every rule, regulation or guidance document that the FCC should eliminate to alleviate unnecessary regulatory burdens." The statement itself explains: "The FCC is committed to ending all the rules and regulations that are no longer necessary. And we welcome the public's participation and feedback throughout this process."
Isn't this great? A Federal Agency asking We the People what we think! Except...Most people don't know that much about broadcast policy or regulations, burdensome or otherwise. Most don't know that We the People own the airwaves and Big Media must be licensed to broadcast over our airwaves, and there are laws and rules protecting our interests.
So what did Nexstar Media Group do in response?...
Will they fight for the actual health and lives of their constituents? Or go along with (literally) deadly DOGE cuts? Will they throw away tens or hundreds of thousands of new jobs in the clean, renewable energy industry in their own home districts? Or screw over their own voters and local economies in favor of Trump's tax cuts for billionaires and huge corporations? All of those questions, a few answers, and much more --- even several bright spots --- on today's Earth Day 2025 BradCast. [Audio link to full story follows this summary.]
Among our coverage...
Happy Earth Day. Somehow.
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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IN TODAY'S RADIO REPORT: While we were out...The Trump Administration halted construction of major offshore wind farm; Trump EPA exempted U.S. coal plants from new mercury pollution rules; PLUS: Pope Francis, champion of climate action and environmental justice, has left the building... 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): Exxon presses Supreme Court to rescind your rights; Restarting coal plants after Trump's executive orders makes no economic sense, report says; Trump opens a huge marine protected zone to industrial fishing; Trump touts 'clean coal' but cuts programs that protect miners; Appeals court halts federal judge's order mandating EPA disburse billions to climate groups... PLUS: Texas oilfield company and executive plead guilty in hydrogen sulfide deaths... and much, MUCH more! ...
Well, we're back live on today's BradCast, like it or not. With so much going on we've got no choice but to run right into the middle of the freeway and pray for the best. The result? Not a bad show, if I say so myself. [Audio link to full show follows this tweet.]
After a quick round-up, needed for context today, of just some of last week's madness while we were otherwise off for a much-needed break, we pick up with...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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Donald Trump's chaos coaster continues on today's BradCast. Our top on today's ride: Social Security. [Audio link to full show follows this summary.]
FIRST UP... As we warned yesterday amid "irrational exuberance" as the stock market briefly skyrocketed following Donald Trump's social media announcement that he was pausing his unilateral worldwide tariffs for 90 days, investors began to notice that it wasn't quite as good as it looked. Trump's remaining 10% tariffs on almost every nation (other than Russia) and boost of duties against imports from China to 145%, helped lead the U.S. markets to tank again today, if not quite as much as they rose yesterday.
But some brighter news for those who believe in both truth and election integrity today. Rightwing propaganda outlet Newsmax, which quietly settled a defamation suit last year brought against them by voting system company Smartmatic, was found this week by a judge in Delaware to have defamed Dominion Voting Systems following the 2020 Presidential election. A jury will now determine if the Trump-allied outlet intentionally smeared Dominion with "actual malice" when they claimed the company rigged voting machines in favor of Joe Biden, despite the lack of any such evidence. The trial is set to begin at the end of this month...unless Newsmax decides to settle that one too.
But, speaking of actual voter fraud, it looks like Trump's Director of National Intelligence, Tulsi Gabbard, committed it last year in Hawaii when she voted there in the 2024 election after previously declaring herself to be a resident of Texas. Oops.
THEN... Elon Musk's DOGE Bros are unleashing absolute havoc at the Social Security Agency. Their latest chaos involved a plan to end phone services for people filing for retirement or survivor benefits as of this coming Monday. But with cries of outrage, impossibly long lines at field offices, wait times on the phone, and website crashes for new applicants and longtime beneficiaries in recent days, the Agency has now backed off that terrible plan as well. For now.
We're joined today for insight and warnings about Trump, Musk, DOGE and much more by longtime Social Security expert DR. ERIC KINGSON, emeritus Professor of Social Work at Syracuse University, co-founder of the nonprofit Social Security Works, and policy advisor to two different Presidential commissions on Social Security Reform under both Ronald Reagan and Bill Clinton.
What DOGE is doing at SSA "has nothing to do with efficiency or correcting errors," he tells me. "There's an extremely small error rate in Social Security. As for efficiency, we spend less than one percent administering the program. It's a well-administered program --- until now."
He worries that for "the first time since the creation of the program, there is a major, major risk of dramatic changes that will hurt the American public, especially middle-aged workers and young workers today."
"It's purposeful," Kingson argues, regarding the chaos unleashed at the agency by Musk's DOGE Bros in recent weeks. "You don't do the things that DOGE is doing because you want to fix something. You want to destroy it. And you want to destroy it with cruelty and disrespect for human dignity."
Kingson, the co-author of a book on protecting and expanding "the Insurance Americans Love and Count On", believes "the next game plan" is to privatize the Agency on the basis that the havoc unfolding now will be used to argue later that the private sector "will do a lot better".
He concurs with President Biden's SSA Administrator Martin O'Malley that the damage being done right now could soon result in the collapse of the system; argues that DOGE and Trump "have been stripping Social Security of its expertise and historical memory"; and charges that Trump, Musk and House Speaker Mike Johnson, who claimed today that "Social Security, Medicare and Medicaid will not take a hit" in the President's legislative agenda moving forward in Congress, are lying about fraud at the agency and benefits for Americans, which they plan to undermine. Kingson cites "a huge crisis" on the road ahead, as "half of today's workers under 67 will not be able to maintain their standard of living in retirement. If you count the cost of healthcare and long term care, it's probably about two-thirds. That's a crisis. What they are doing is stripping away the one thing you can count on: Social Security."
Much more on all of that --- and what you and I can and should do about it (hint: "Fight like hell!") --- in my conversation today with Kingson. I hope you'll tune in.
FINALLY... Desi Doyen is here with our latest Green News Report, as Trump signs a slew of Executive Orders to bail out the dying, polluting American coal industry, and as Big Banks plot new ways to profit off of our climate crisis...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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IN TODAY'S RADIO REPORT: Trump signs slew of executive orders to bail out the declining, polluting coal industry; Torrential rains and flooding cripple Congo's capital city; PLUS: Big banks quietly planning ways to maximize profits amid climate chaos... 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): Trump makes sweeping move to undercut state climate laws like California's; In the rain-soaked South, storms portend future ‘generational’ floods; White House ends funding for key US climate research body; US exits carbon talks on shipping, urges others to follow, document says; NOAA contracts being reviewed one by one, throwing the agency into chaos; Threatened carbon pipeline filed hundreds of lawsuits against landowners... PLUS: More oil and gas FAFO as crude keeps diving... and much, MUCH more! ...
On today's BradCast: "Irrational exuberance" reigned on Wall Street as of 1:18pm Eastern Time. Though, after the past week of our moronic President's idiotic "economic policy" crashing the markets day after day after day, it's hard to blame investors for over-celebrating even the smallest hint of a respite from his imbecility. [Audio link to full show follows this summary.]
FIRST UP... Before we get to Trump (sort of) backing down from his worldwide (except for Russia) trade war, a bit of an addendum today to my disturbing conversation on yesterday's program with Slate's legal ace Mark Joseph Stern. He and I were both in general agreement on Tuesday that the Supreme Court's horrible 5 to 4 ruling on Monday night --- in a case challenging the deportation and foreign imprisonment of Venezuelan migrants without due process under Trump's peacetime use of the wartime Alien Enemies Act of 1798 --- allowed for the detention and foreign imprisonment of not just migrants but of U.S. citizens without due process as well.
Today, preeminent Constitutional law scholars Erwin Chemerinsky, Dean of UC-Berkley's Law School, and Laurence Tribe, Emeritus Professor of Constitutional Law at Harvard, argued an almost identical case in a New York Times op-ed headlined "We Should All Be Very, Very Afraid".
So it's not just some progressive radio dude and a legal reporter at a lefty-ish Internet publication issuing such a warning this week. Thus, I felt a need today to underscore that important point once again before it too gets lost in Donald Trump's ongoing authoritarian chaos.
For what it's worth, even a Trump-appointed federal judge in Texas on Wednesday has now temporarily blocked the deportation of Venezuelan migrants under Trump's Stalin-like implementation of the Alien Enemies Act. Details on today's program.
THEN... The roller coaster on Wall Street continued on Wednesday, though at least much of today's ride was an upswing for a happy change. After four and a half days of market blood-letting following Trump's ridiculous "Liberation Day" pronouncement of major sanctions against virtually every nation on Earth (except for Russia) last week --- and with the bond market tanking as well and economists warning about a likely recession --- President Super Genius finally backed down, at least partially, as he always does.
Despite a remarkable, immediate spike in the major market indexes in response, within minutes after Trump's lie-filled social media post about his "90 day PAUSE", investors may soon begin to realize that the news isn't quite as good as they might have hoped. Trump (for today anyway), is leaving in place 10% tariffs against pretty much everybody (except Russia) and now claims to be raising tariffs against China to 125%, because they dared match the previous sanctions he'd declared against them.
In all, though it was unclear as of this afternoon whether Trump was dropping his 25% or 35% or 10% tariffs against our largest trading partners, Canada and Mexico, if Trump keeps in place the current 10% tariffs against most of the world, and his 125% tax on goods imported from China, it seems that the inflationary cost to American consumers will be just about what it was before Trump choked this afternoon. Even after today's spike, the Dow remained about 10% lower than its all-time record set during the Biden Administration.
How that --- or any new brain farts from President Stable Genius --- affects the market in coming days remains to be seen.
In addition to the financial cost of Trump crashing the economy, there has seemingly been a political cost as well to President Make-It-Up-As-You-Go-Along as well, resulting in what Politico last night characterized as a "House Republican mutiny" that threatens to hold up (post air: sure enough!) or even block all together, his massive, deficit-exploding tax cuts for his wealthy friends and their corporations.
How will Trump's partial flip-flop on tariffs affect his political fortunes on the massive GOP budget plan? Stay tuned. Though keep your hands and arms inside the roller coaster at all times until this madness comes to a complete stop...whenever that may be...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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On today's BradCast: The decision handed down by the corrupted U.S. Supreme Court last night just after we got off air was confusing, divided, muddled and, at closer inspection, as discussed with today's guest, even grimmer than it first appeared. [Audio link to full show follows below this summary.]
FIRST UP, however, what qualifies as the brighter news of the day, believe it or not...
THEN, we're joined by Slate legal journalist MARK JOSEPH STERN to unpack the confusing --- and troubling --- 5 to 4 opinion issued by SCOTUS last night, largely allowing Trump's use of the Alien Enemies Act of 1798, for now, to detain and deport migrants to foreign gulags. Stern, who describing the ruling last night as one that "couldn't be more ominous", explains that the Court's brief, split decision is "going to cause a lot of confusion, chaos and uncertainty in the lower courts, and for these migrants, who the administration is trying to disappear to El Salvador."
While the five men on the Court disagreed with the four women (including the Court's lone female GOP-appointee, Justice Amy Coney Barrett) on most aspects of the ruling, they all agreed, at least, that deportees must be afforded the opportunity to challenge their detention in court before removal.
The terse, but alarming opinion was issued via the Court's "shadow docket" without full briefing or oral argument, in response to an emergency appeal in a challenge by Venezuela migrants deported under the AEA with no due process whatsoever. The Trump Administration invoked the wartime law --- which, according to its text, may only be used to detain and deport migrants from countries that have "declared war" on the U.S. --- to send Venezuelans they claim to be violent gang members to a gulag in El Salvador. And while the full Court decreed that such detainees must be allowed to challenge their detention in the jurisdiction in which they are detained, it will seemingly be impossible for the hundreds now already in a prison outside of the country to do so.
The Trump Administration's view, observes Stern, is that, once a migrant is locked up in a foreign gulag, they "have had their Constitutional rights permanently extinguished. They have no right to due process or any other rights, procedural or substantive. And further, that federal courts have no jurisdiction to order any kind of relief to help them." That is the case, according to the Government in the related Kilmar Abrego Garcia matter, even when someone has been "mistakenly" deported.
There are all sorts of troubling issues wrapped up in the majority's unsigned opinion, including the fact that they simply took the Administration at its word on several key points, despite Trump's Dept. of Justice repeatedly lying to and/or thumbing their nose at direct orders issued by U.S. District Court Judge James Boasberg, whose impeachment Trump subsequently called for. That call led to a gentle reprimand from the Chief Justice a few weeks ago, even if John Roberts sided with the majority in favor of Trump anyway in Monday's decision.
"We, as a Nation and a court of law, should be better than this," wrote Justice Sonia Sotomayor in her blistering dissent, excoriating the majority. "The government’s conduct in this litigation poses an extraordinary threat to the rule of law," she warned, ominously noting that it is now the official position of the Court that even "United States citizens could be taken off the streets, forced onto planes, and confined to foreign prisons with no opportunity for redress if judicial review is denied unlawfully before removal. History is no stranger to such lawless regimes, but this nation's system of laws is designed to prevent, not enable, their rise."
Stern shares her concern, particularly about the likelihood of U.S. citizens being swept off the streets and shipped off to foreign prisons. He adds: "By the way, something like 1-1.5% of individuals detained by ICE every year are actually U.S. citizens. The burden falls disproportionately on tribal citizens and Puerto Rican people on the mainland, due to racial profiling and other kinds of stereotyping. So this is not a far-off hypothetical."
He is also concerned about what the string of recent decisions by the corrupted high court in favor of the Administration and in contradiction to lower court judges, is likely to signal.
"I am worried that the Court is just going to start rubber-stamping these Trump requests for emergency relief, and refuse to consider the extraordinary and immense harms that will be inflicted on the American people by doing so," he explains. "That five men and sometimes Justice Barrett have decided that the real problem isn't Trump and his lawless crusade. The real problem is district court judges standing in his way. If that is the approach that the Supreme Court is taking --- if they really do think that the real problem is judges and not the Trump Administration's unprecedented assault on the rule of law, then again, we are all in grave danger. It's not just Venezuelan migrants."
Much more insight, disturbing details and outrage during my disturbing conversation today with Stern.
FINALLY... Desi Doyen joins us for our latest Green News Report after deadly, widespread extreme storms and flooding over the weekend; as Trump's trade war is increasing the cost of reconstruction for disaster victims; and as Senate Republicans work to strip California of its clean air car standards...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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IN TODAY'S RADIO REPORT: Millions of Americans reeling from widespread damage after relentless extreme storms; Trump's global trade war increasing the cost of reconstruction after disasters; Federal funding cuts halt repair work on America's most iconic hiking trails; PLUS: Senate Republicans push to strip California of its clear air car standards... All that and more in today's Green News Report!
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IN 'GREEN NEWS EXTRA' (see links below): Myanmar earthquake death toll tops 3,500, with heavy rain forecast to continue; NPS restores original Harriet Tubman, Underground Railroad webpage; Worries grow over risk to Americans as Trump cuts health, safety agencies; Forecasters predict another active 2025 Atlantic Hurricane Season; Nations considering the 1st global tax on emissions from shipping... PLUS: US ends food aid for millions. World Food Program calls it a 'death sentence'... and much, MUCH more! ...