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Latest Featured Reports | Monday, July 16, 2018
Trump Backs Putin, Attacks U.S. Intel Comm, FBI, Dems in Helsinki: 'BradCast' 7/16/18
Remarkable responses from media, Dems, Repubs and callers in our 'WTF?!' coverage...
Sunday SuperCallousFragileRacist-SexistNaziPotus Toons
Everything he says and does is really quite atrocious...
New 2016 Russian Cyber-attack Indictments; New suit Against SC's Unverifiable Vote System: 'BradCast' 7/13/18
Guests: GOPer Frank Heindel, attny Larry Schwartzol; Hand-marked ballot bill in Senate...
Trump's 'Fine-Tuned Machine' Wreaks Havoc at NATO, in Congress, for US Workers: 'BradCast' 7/12/18
Also: Listeners respond to Dem plan to block Kavanaugh at SCOTUS...
'Green News Report' 7/12/18
  w/ Brad & Desi
Environmentalists oppose Trump's SCOTUS pick; Admin coal bailout means more deaths; NC & NY harness poo power; PLUS: Shell Oil CEO wants faster transition to electric cars...
Previous GNRs: 7/10/18 - 7/3/18 - Archives...
Schumer's Tepid SCOTUS Plan, Trump's Trail of Destruction: 'BradCast' 7/11/18
Guest: Ryan Grim on Dem hopes of derailing Kavanaugh; Also: Admin trade wars, new attacks on O'Care...
Trump SCOTUS Pick Just a Loyal 'GOP Foot Soldier': 'BradCast' 7/10/18
Guest: Slate's Mark Joseph Stern on Brett Kavanaugh, rights he will help overturn, his background as a Federalist Society-trained party apparatchik...
'Green News Report' 7/10/18
EPA's Pruitt finally out, replacement could be worse; Starbucks to end plastic straws; PLUS: Extreme temps shatter all-time heat records around the world...
We're Back!: Record Heat, Pruitt Gone, Things Get Worse: 'BradCast' 7/9/18
Also: Plastic straws, straw polls, final straws, actual good voting news, RIP Ed Schultz, listener calls...
Sunday (Again, Not So Funny) Toons
The toons collected this week by PDiddie are not particularly funny. They are, however, distressingly true...
Brad's Recent Appearance on Terrence McNally's 'Free Forum': 'BradCast' 7/3/18
Tables turned. Brad discusses his background, why he began blogging, concerns about our electoral system and how to make your vote count in 2018...
'Green News Report' 7/3/18
Pruitt's secret calendar; MN approves new pipeline; New global heat record; Drought-fueled riots in Iran; PLUS: RI sues fossil fuel companies for climate change...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


Guest: Slate legal reporter Mark Joseph Stern; Also: Abuse reported at child immigrant detention centers; Trump's trade war dangers; More...
By Brad Friedman on 6/21/2018 6:04pm PT  

On today's BradCast, we have not one, but two important and separate warnings for Donald Trump and the Republican Party, as pulled from the deep audio archives of 1988. Both of which --- on two separate topics from two separate people --- they seem to be completely ignoring, even as one of those warnings comes from their supposed idol Ronald Reagan. [Audio link to show posted below.]

First up today, the Trump-caused child immigration crisis continues to unfold with several disturbing new reports of unspeakable abuse at two separate federally-contracted facilities, based on filings in new federal court cases. One from Associated Press on beatings and more at a youth facility in Virginia and the other from the Center for Investigative Reporting on the forced injection of psychotropic drugs at a facility near Houston. That, as an Executive Order signed by the President on Wednesday, reversing part of his Administration's policy, fails to speak to family reunification for more than 2,300 children separated from their parents in recent weeks under Trump's "zero tolerance" border policy, and an Administration request to the Pentagon for space to house some 20,000 migrant children.

While all of those American nightmares have been unfolding over the past week, the effects of Trump's growing trade war have been quietly playing out in the background, as the Dow has dropped some 600 points over the past four days, with China and friendly allies like Canada, Mexico and the EU vowing massive and swift retaliation for ill-considered tariff's on foreign imports instituted by Trump. Among the hardest-hit victims of his new trade wars: farmers who were among some of biggest supporters of Trump's candidacy in 2016.

Perhaps that explains why, as share in an audio clip from 1988 today, Ronald Reagan warned: "We should beware of the demagogues who are ready to declare a trade war...all while cynically waving the American flag."

Next, we're joined by MARK JOSEPH STERN, legal reporter at Slate, and our "Supreme Correspondent" this month, as the U.S. Supreme Court slowly releases a bevy of decisions in advance of their planned Summer recess, on a number of major cases heard at the high court over the past term. Among the cases we discuss today:

  • On Thursday, SCOTUS released a 5 to 4 decision allowing states to impose sales taxes on all online purchases. The ruling found some very strange bedfellows in both its majority and minority opinions, but both Stern and I agree, the decision makes sense, and will be good for local retailers, jobs, the economy and state budgets where, particularly in "red" states, tax cuts in recent years have lead to the gutting of education, infrastructure and other important social services. The 1967 SCOTUS ruling struck down today, was "a totally capricious standard that the Court created itself," Stern argues. "This was the Court fixing a problem that it made."
  • Stern also details an exceedingly troubling --- if little reported --- case out of South Dakota, where a man was found guilty of murder and sentenced to death, according to jury members themselves, they feared, as a gay man, he might enjoy life in prison too much. Seriously. Perhaps the most disturbing part of this matter: the Court declined to hear the case at all. Even the liberal Justices failed to offer a written dissent to the Court's decision.
  • We also discuss the SCOTUS' regrettable punts this week on two partisan gerrymandering cases in Wisconsin and Maryland. (More on those cases earlier this week, with author David Daley on Monday's BradCast.)
  • And the seemingly unprecedented federal court smack down of Kris Kobach, notorious GOP "voter fraud" fraudster and Kansas Secretary of State. His "Proof of Citizenship" voter registration law was struck down by a George W. Bush-appointed federal judge, and he was slapped for his contemptible performance in the courtroom --- where he represented both himself and the state of KS --- with more humiliating sanctions that include an order to attend six hours of legal classes. Moreover, as Stern reports, Kobach appears to be in still more violation of court orders, as he has yet to remove the requirement for citizenship documentation for voter registration from the KS Sec. of State website, as the judge ordered him to do "immediately" in her ruling on Monday.

    "I think that there is a decent chance that we could see even more sanctions for Kobach after this," Stern tells me. "Kobach is such a clown that this judge is going to finally have to bring down the hammer and I think it's going to be a glorious sight." (More on that case, with Sophia Lakin, one of the ACLU trial attorneys on the case, from Tuesday's BradCast.)

  • Previewing the cases still to come before the end of the month, Sterns warns: "I think the Supreme Court is going to hobble public sector unions by preventing them from collecting dues from no-union members. I worry the Supreme Court is going to uphold the [Muslim] travel ban. I do think the Court may put real limits on the government's ability to collect information about where your cell phone has been from your provider. That's going to be a bright spot, I hope. But I also think the court's going to end up striking down California's disclosure requirements for crisis pregnancy centers. So, this is s not going to be a good term for progressives. I think everyone needs to just buckle in and focus on November."

Finally, Desi Doyen joins us for the latest Green News Report on a number of important issues that the Trump Administration did quietly this week as the rest of the nation and media were consumed with the child immigration story, and the 30th anniversary of Dr. James Hansen's first dire warning to Congress --- also in 1988 --- about the then-looming menace of global warming due to the unprecedented release of greenhouse gasses, such as carbon dioxide from the manmade burning of fossil fuels, into the atmosphere...

Download MP3 or listen to complete show online below...

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New unverifiable voting systems fail in NV; LePage still dumb in ME; Walker's fears come true in WI; Canada 'fights' back; Initiative to break CA into three states will qualify for 2018 ballot...
By Brad Friedman on 6/13/2018 6:31pm PT  

It was another wildly busy BradCast today. I know. What else is new? But, with Trump declaring today on Twitter that "There is no longer a Nuclear Threat from North Korea" (Phew! That was easy!) and that "Our Country’s biggest enemy" is the media(!), we had plenty of time to cover a lot of other things, the day after Tuesday's five state primary. [Audio link to show follows below.]

Among those stories...

Maine's Republican Governor Paul LePage, the dumbest in the nation, was accidentally right (sort of) in his poorly stated opposition during yesterday's primaries, to Ranked Choice Voting (or RCV, also sometimes known as Instant Runoff Voting or IRV). On Tuesday, Maine was the first in the nation to use RCV in a statewide election, despite the fact that it's very difficult to count, virtually impossible for the public to oversee, requires central tabulation and computers to pull off, and candidates and voters in many places where it's been tried in the past have found that it's impossible to understand why some candidates won and others lost.

(NOTE: Before you send me your hate mail, progressives and third-party people, please listen to today's show first, and also note that I'm willing to entertain a much simpler method of voting/counting which solves many of problems that folks who support RCV are concerned about. It's called Approval Voting. Basically, that allows voters to vote 'yes' or 'no' for as many candidates as they like. Whoever receives the most 'yes' votes wins. Simple. Overseeable. No computers necessary. And, it helps to avoid the "spoiler effect" that many proponents of RCV hope to solve. Listen to the full show, and then feel free to send your hate mail. UPDATE: Here's one more nightmare scenario for RCV, if you still need one.)

Anyway, LePage has threatened to not certify Tuesday's elections in his state because they are using RCV, which voters adopted in 2016. He's wrong about that and somewhat right about his RCV concerns, but --- because it's LePage --- for all the wrong reasons. I explain in detail on the show.

Speaking of this country's failure to even be able to count 1+1+1 reliably and overseeably in elections (even without adding the complicated algebra of RCV), the state of Nevada took its new, 100% unverifiable touchscreen voting systems out for a test drive across the state in their primary election on Tuesday. It did not go well. At some precincts, some candidates did not appear on some screens. Other precincts reported candidates pre-selected on their touchscreens (possibly left over from a previous voter, whose ballots may not have actually been cast.) And other problems that we describe on today's show.

We also cover some actual election results from Tuesday's primaries in Maine, Virginia, North Dakota, South Carolina and Nevada, as well as special elections in Wisconsin.

In Wisconsin, where Gov. Scott Walker (R) had attempted to prevent two special elections for the state legislature from happening at all --- because he feared the seats would flip from "Red" to "Blue" --- one of those seats in the state Senate did, in fact, flip to the Democrats for the first time in four-decades, in a very Republican district.

In Virginia, GOP voters nominated Corey Stewart, a far rightwing, Trump-endorsed Confederacy defender as their nominee to challenge Sen. Tim Kaine for the U.S. Senate this year. In South Carolina, former Governor, now U.S. Rep. Mark Sanford was turfed out in his primary by another Republican for not being Trumpy enough. And, in D.C., retiring Republican Sen. Bob Corker of Tennessee (correctly) charged that his party has become little more than a Trump "cult".

In Canada, meanwhile, the House of Commons unanimously pushed back on the Trump Administration's weekend attack on Prime Minister Justin Trudeau following the G7 summit, and on the tariffs imposed by Trump on steel and aluminum from our longtime friends and allies to the north. And the next day, in a complete coincidence, Trump's DHS hardened their border policy with Canada to, supposedly, prevent criminals and terrorists from entering the U.S.

Finally today, a ballot initiative that would break California into three states appears to have qualified for this November's ballot! While the measure is currently said to be very unpopular with actual voters in the Golden State, it seems at least as unthinkable that it could pass as that Donald Trump could ever become President of the United States...

Download MP3 or listen to complete show online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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The Young Turks' founder talks media failure, political dysfunction, Roseanne and Democratic 'chaos' in CA's upcoming mid-term primaries...
By Brad Friedman on 5/30/2018 6:08pm PT  

On today's BradCast, we're joined by our old friend CENK UYGUR, host and founder of the wildly popular online news outlet, The Young Turks and the entire TYTNetwork. [Audio link follows below.]

We have a wide-ranging conversation on a host of important topics, beginning with the chaotic mid-term primaries coming up next Tuesday in California, where, for example, 32 candidates, from all parties, are vying in the same race for the top two slots to go on to the November general election in the fight for longtime Democratic U.S. Senator Dianne Feinstein's seat.

Of even greater concern to Democrats hoping to win back one or both chambers of Congress, are seven Republican U.S. House seats thought to be flippable in the Golden State this year. However, thanks to the state's "Top Two" primary system and a glut of Democrats on the ballot, the progressive vote could be split in a number of those races, resulting in no Democrats qualifying for the November ballot at all in several of those contests next week.

Uygur discusses the pros and cons of California's strange primary system and much more, including how both corporate and independent media ought to be covering the "insanity" of Donald Trump, who he describes as "the monster in office...on fascism's doorstep".

The corporate media, he argues, "are afraid of offending Republican viewers. Their business imperative to not lose a certain percentage of their audience is coloring how they cover the truth of the matter. In reality, they should go out there and do what we do, and say: 'If you believe this, you are nuts. It's not remotely true.' But they're afraid they are going to turn off 30% of the country, and lose advertising dollars."

"We are a news outlet that is proudly activist," he tells me when I ask whether TYT is a political organization. "The rest of mainstream news and corporate news say 'Hey, relax, don't do anything. Do the news, but don't care about it, don't try to fix anything! Fixing anything is bad!' And we don't agree with that. We think that you can present the news and say, 'Now here's what you can do to fix it.'"

As to independent outlets, he charges, "we're not emphasizing enough that the President of the United States is a combination of mentally unhealthy, certainly unstable, incredibly dumb and, most importantly, fascist."

We also talk about the continuing internecine battle between the progressive and establishment wings of the Democratic Party, whether they can and will and should come together this November, and we even chat a bit about the sad story of Roseanne Barr who, Ugyur believes, "similar to Kanye West, similar to Glenn Beck, similar to Alex Jones...all have mental health problems."

Uygur, who is also a founder of Wolf-PAC (fighting to get all money out of politics), and a former founding member of Justice Democrats (fighting to put progressive Democrats into office), also makes the case for a number of progressive U.S. House and Senate candidates in California endorsed by one or both of those groups.

Also on today's show: While the economy is supposedly doing great, according to Donald Trump and the GOP, wages are failing to rise commensurately, even after the massive tax cuts passed last year, largely for the wealthy and corporations. Now why would that be? And, some encouraging news today out of Virginia, which is poised to finally expand Medicaid under the Affordable Care Act ("ObamaCare") to some 400,000 residents, thanks to voters who turned out last November to flip enough seats in the state legislature from "red" to "blue" to finally assure health care to hundreds of thousands in the state. And, finally today, a bit more good news for Democrats, as new polling finds a majority of young voters plan to turn out to vote in this year's mid-terms, and they are far less Republicans than the population at large...

Download MP3 or listen to complete show online below...

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Guest: Author, columnist, gun safety advocate Cliff Schecter on recent mass shootings in Texas, Florida, Vegas; Also: Trump remains dangerously clueless in advance of planned summit with North Korea...
By Brad Friedman on 5/21/2018 6:23pm PT  

On today's BradCast: The shootings and body counts mount while GOP politicians refuse to take action and rightwing media fan the flames. [Audio link to show follows below.]

First up today (after a quick thanks to In Deep Radio's Angie Coiro for covering for us late last week so I could "enjoy" some emergency oral surgery), a quick preview of Tuesday's primary elections in Arkansas, Kentucky and Georgia and primary run-offs in Texas, where the internecine battles between progressives and establishment Democrats continue to shake out.

Also, news that Don Blankenship, West Virginia coal baron and former federal felon (convicted for his role in safety violations resulting in the 2010 deaths of 29 minors in one of his mines in 2010) announces his plan to run on the Constitution Party ticket for U.S. Senate this November after coming in third in WV's GOP U.S. Senate primary two weeks ago.

Then, new details on the politically brain-addled man who opened fire inside the Trump National Doral Miami resort in South Florida on Friday, and a trove of witness statements are released related to the October 2017 massacre in Las Vegas where a gunman opened fire on outdoor concert goers on the Strip, killing 58 and wounded more than 800 in a matter of minutes. Though officials never declared a motive for that shooting, the newly released statements suggest the shooter was an anti-government fanatic who had cited longtime Fox "News" and Rightwing talk radio tropes such as Waco, Ruby Ridge and FEMA camps in the days before the massacre.

Then, in a sadly similar vein, we're joined by author, Daily Beast columnist, podcaster and longtime gun legislation advocate CLIFF SCHECTER on fallout following Friday's mass shooting at Santa Fe High School outside of Houston, where a 17-year old student killed 10 and wounded at least 10 others. With the US now averaging at least one school shooting per week in 2018, we discuss who is to blame, what (if anything) can finally be done about any of it, and how Houston Police Chief Art Acevedo has courageously taken a very hard stand against the years-long failure of NRA-backed Republican politicians who offer "thoughts and prayers", but no actual action to try and help curb the nation's continuing, tragic and obscene gun epidemic.

"In Western European countries, you certainly have these radical rightwing groups like you do here," Schecter argues. "The key is they don't all have access to guns. They do here. That's what we're seeing. We're seeing white men radicalized and then armed. This is the predictable result of that."

"You're never going to prevent everything. There's still one shooting or two in Canada, and they've got much more stringent gun control. The key here is when you look at a public health crisis, you say 'What are the various ways, through regulations, policy, cultural change, shaming and the rest, that we can get to a place where people take this more seriously?'" Schecter goes on to explain how recent changes to gun laws have decreased gun violence, despite the idiotic statements of folks like Texas Attorney General Ken Paxton, and others who suggest that gun regulations make things worse, and how citizen ballot initiatives can be used to work around intransigent politicians.

Finally today, some thoughts on the perilously planned June summit between North Korea's Kim Jong Un and Donald Trump, and the embarrassingly plain fact that Trump has absolutely no idea what he is doing, as revealed (once again) following National Security Adviser John Bolton's ridiculously ill-advised "Libyan model" comments...

Download MP3 or listen to complete show online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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By Brad Friedman on 5/14/2018 6:02pm PT  

On today's BradCast, Desi and I are back! But you should tune in anyway! [Audio link to show follows below.]

My great thanks to Angie Coiro of In Deep Radio for filling in for us last week!

Among the stories covered on today's program, as we try to get back up to speed...

  • More than 2,000 were reportedly wounded and over 50 killed as Israel opened fire on protesters in Gaza today during the "festive" opening ceremony for the controversial U.S. embassy Donald Trump moved from Tel Aviv to Jerusalem. Much of the Muslim and Arab world condemned the attacks on the unarmed Palestinian protesters, but so so did the European Union, the United Nations, Russia and many others.
  • Back in the U.S., a new analysis from Washington Post finds that an administrative error led to at least 26 Democratic leaning voters being assigned to the wrong legislative district during last November's House of Delegates election in Virginia. The race in Newport News between Democrat Shelly Simonds and Republican David Yancey in HD-94, was judged to be a tie after a "recount", which was subsequently broken by a random drawing giving the seat to Yancey and allowing the GOP to retain control of the House. That failure, and similarly mis-assigned voters in yet another highly gerrymandered district in Fredericksburg, prevented what should, in retrospect, have been a Democratic takeover of the state's House in 2017 amidst a "Blue Wave" that otherwise managed to flip 15 seats from R to D.
  • Also today, a new report on what was reportedly a foreign-sourced cyberattack on Election Night two weeks ago in Knox County, Tennessee is troubling on a number of levels, though not necessary the one being reported by some media outlets citing a Ukrainian IP address used in the denial of service attack which was also sourced to countries on every continent except for Antarctica. We discuss what is known and still isn't, following the attack which took down the web-based election night results page for an hour after the close of polls two weeks ago, including one race said to have been decided by just 17 votes on the county's 100% unverifiable Direct Recording Electronic voting systems...

Download MP3 or listen to complete show online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Photojournalist, witness Zach D. Roberts; Also: Kobach ducks personal responsibility in Kansas, Trump loses another lawyer...
By Brad Friedman on 5/2/2018 6:22pm PT  

On today's BradCast: Finally, thanks in no small part to our guest today, some accountability for a white nationalist who beat a black man nearly to death following their "Unite the Rally" which turned violent in Charlottesville, Virginia last August. Meanwhile, the nation's top elected Republicans --- from the White House to Kansas --- continue to avoid accountability and personal responsibility for just about everything. [Audio link to show follows below.]

First up: One of the nation's foremost GOP "voter fraud" fraudsters, Kris Kobach, Kansas Sec. of State, a supposed front-runner for the state's Governorship, almost faced some accountability after being found, for the second time, in contempt of court by a federal judge. Last week, the Kansas House voted 103 to 16 for a provision that would prevent state funds from being spent to cover fines issued to statewide officials found in contempt, as Kobach has now been found twice during his embarrassing attempt to defend his suppressive "proof of citizenship" voter registration law. This week, however, despite the lopsided bi-partisan vote, the state legislature appears to have folded after Kobach's office threatened to cost the cash-strapped state even more in ridiculous legal fees fighting over provision. So much for GOP personal responsibility.

Then, we're joined by longtime independent Nation of Change photojournalist ZACH D. ROBERTS, following the guilty verdict on Tuesday of 23-year old white supremacist Jacob Scott Goodwin, for the "malicious wounding" of De'Andre Harris, a 20-year old black man viciously beaten by a group of neo-Nazis in a parking garage last year in Charlottesville. The incident occurred during a melee after the rightwing protest of the removal of a Robert E. Lee statue in a city park (see one of Roberts' photos above). Goodwin now faces up to 10 years in jail and a $20,000 fine.

Roberts, who also co-produced Greg Palast's documentary Best Democracy Money Can Buy, photographed the beating as a journalist covering the rally that day, and was instrumental --- with independent journalists like Shaun King --- in helping to identify the perps who, Roberts tells me, both city law enforcement and the FBI appeared less than eager to track down.

"Charlottesville law enforcement officials testified in the Goodwin trial that they offered immediate medical attention to him. They lied, under oath. They did absolutely nothing, to the point that they were keeping people away who were offering medical attention." It was only thanks to the crowd-sourced efforts by King, using video from independent journalist Chuck Modi and photos from Roberts, that those who participated in the beating --- armed with helmets, body shields, sticks and poles --- were eventually identified.

The parking garage assault of Harris, for which three others also face trial, took place not long before 32-year old Heather Heyer was killed by another white supremacist who drove his car into a crowd of counter-protesters at the rally that Donald Trump infamously claimed featured "very fine people on both sides".

"There are four people total that have been arrested for this, in particular, and there are still at least three more that actively attacked, actively assaulted De'Andre. And there's at least a couple more that stood by," Roberts explains. "I thought that that was going to be the worst thing that I saw that day. Thankfully, I wasn't on the street when the car was run through. But I was there almost immediately afterwards and I saw the people who were nearly murdered, a lot of them, by the white supremacists."

Roberts, who faced pepper-spray and, after helping Harris, was "immediately met with a gun in my face by another white supremacist", discusses what he saw and documented that day, how law enforcement officials looked the other way, and what he thinks of Trump's comments following the deadly rally. "Donald Trump talking about 'good people on both sides' and everything like that, he's actually --- shockingly --- lying. He also doesn't know what he's talking about, because obviously he was not there."

Finally, Trump is losing another key attorney who had been working with Special Counsel Robert Mueller on behalf of the Office of the President and is now reportedly hiring another one who represented Bill Clinton during his impeachment and both George W. Bush and Dick Cheney in the years that followed. We discuss what this latest shake-up may portend for Mueller's ongoing probe of Team Trump...

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Guest: Legal journalist Mark Joseph Stern; Also: FCC appointee arrested for fraud and forgery, Trump nominee for VA appears to be in trouble...
By Brad Friedman on 4/24/2018 6:00pm PT  

On today's BradCast: After a months-long drought of one of our favorite guests, legal journalist MARK JOSEPH STERN of Slate returns today! And we make up for the deficit with a legal lightning round on a number of big cases being heard this and in recent weeks at the U.S. Supreme Court, as well as a number of important cases from elsewhere around the country.

Among the cases covered with Stern today: The years-long challenge to Texas Republicans' racial gerrymandering of Congressional and statehouse districts, which were struck down as unlawful by several lower courts, and Donald Trump's controversial anti-Muslim travel ban(s), which were also blocked by lower courts. The U.S. Supremes, however, may be on the verge of restoring both laws, according to Stern, despite previous findings of unconstitutionality. We also discuss the pending fate of two separate challenges to partisan gerrymandering heard recently by SCOTUS.

In both cases, Stern notes, referring to the stolen GOP majority on the Court after Obama's nominee Merrick Garland was blocked for a year, before Trump appointed Justice Neil Gorsuch: "I hope against hope that my predictions are wrong, but Republicans stole this seat for a reason."

But that's not all! We also hit several other important recent cases from federal courts around the country, which prove to offer a bit more encouraging news. Stern details the "complete train wreck" seen in a federal court in Kansas earlier this month, as their Sec. of State and top-shelf GOP "voter fraud" fraudster Kris Kobach disastrously attempted to defend his "proof of citizenship" voter registration law at trial. Kobach's humiliating effort resulted in a George W. Bush-appointed federal judge slapping him with the second of two contempt of court sanctions during the long case, and may signal, as Stern posits, the near end of the Republican Party's years-long disingenuous claims about a "voter fraud" epidemic.

"Kobach had committed a major self-own," Stern tells me. "He had gone into that trial thinking he was going to prove once and for all that 'voter fraud' was real, and he left that trial having inadvertently proved that it wasn't. He undermined all of the evidence that he had worked so hard to build up."

That, as one of Kobach's longtime colleagues in the long GOP "voter fraud" con, J. Christian Adams, finds himself as the defendant in a new lawsuit filed in Virginia by a number of U.S. citizens who were inaccurately accused by Adam's group, the Public Interest Legal Foundation (PILF), in error-riddled reports titled "Alien Invasion of Virginia" and "Alien Invasion II", of committing voter fraud. Adams is accused by the lawful voters of violations of the Constitution, the Voting Rights Act, and even the Ku Klux Klan Act of 1871.

"It's satisfying to see these guys have to answer in court for all that they've said and done for so long, and it's great to see the victims of their slander fighting back in such a powerful way," Stern argues.

We finish up our legal lightening round today with a case decided last week by the Supreme Court, in which Justice Gorsuch, who enjoys the seat stolen for him by Senate Republicans last year, actually joined the Court's four liberal Justices in striking down a law that allows the deportation of immigrants accused of "violent crimes". While Stern applauds Gorscuh joining the liberal justices in this case, given the vague statutory language used for defining "violent crimes", he also cautions that Gorsuch's interest here may signal a broader, more disturbing scheme down the road by Trump's far rightwing appointee.

Also today: The Trump Administration doesn't appear to do any vetting of any of their nominees for any office, it seems. Last week, Elizabeth Anne Pierce, a corporate member of a public commission created by Trump's FCC Chair Ajit Pai, purportedly to help expand broadband Internet access, was arrested on allegations of fraud to the tune of $250 million for forging signatures on contracts on behalf of her startup high-speed fiber-optic company. And, on Capitol Hill today, Navy Admiral Ronny Jackson, Trump's personal physician turned nominee to head the Dept. of Veterans Affairs, comes under fire from Senators of both parties, regarding his complete lack of experience for such a role, but also for reports of fostering a "hostile work environment", "excessive drinking on the job" and "improperly dispensing meds" among other things. In the bargain, today at the White House, Trump appeared to begin the process of throwing Jackson --- who he reportedly had to convince to accept the nomination to head the VA and its 360,000 employees --- under the nearest bus.

And finally, Desi Doyen joins us with the latest Green News Report, and for a tribute or two to Schoolhouse Rock creator Bob Dorough, who died today at the age of 94...

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An entire new decade of government control hangs in the balance...
By Ernest A. Canning on 2/26/2018 11:23am PT  

Don't get me wrong. The bold move by the Pennsylvania Supreme Court in adopting a Congressional map that, according to an analysis cited by the Wall Street Journal, could see PA Democrats picking up as many as six Congressional House seats now held by Republicans, bodes well for those of us who value small "d" democracy and the rule of law.

So does the recent mind-boggling 85-point swing from "red to blue" in Kentucky, where Democrat Linda Belcher, in a Special Election, defeated her Republican opponent by 36 points in a state House district that Donald Trump carried by 49 points in 2016.

There are multiple indices of a public revulsion in response to Republican overreach that is much greater than that displayed in 2008 when Democrats rode a "Blue Wave" to victories that placed them in control of the White House, the U.S. Senate and the House of Representatives.

Last year, polls revealed as little as 12% support amongst the American electorate for Republican efforts to repeal and replace Obamacare. Another poll revealed that only 24% of Americans supported the GOP tax cut measure. (Though more recent polling suggests it's growing in popularity.) This year, a Quinnipiac poll, taken in the wake of the massacre at a Parkland, Florida high school, suggests that 2/3 of Americans have finally lost their patience with NRA-funded Republicans and their feckless "thoughts and prayers".

These surveys suggest a likelihood that Democrats in 2018 can recapture a majority in the U.S. House and potentially even the U.S. Senate --- a result that is critical to fending off the threat to democracy, political and economic equality and the rule of law now posed by the Trump/GOP oligarchic/kleptocratic agenda.

But a number of recent court rulings on extreme partisan gerrymandering reveal that the 2020 election will ultimately be of far greater significance than 2018, and not simply because it will be a Presidential election year…

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Guest: Mike Liszewski of Drug Policy Alliance; Also: Goodbye, Chris Christie and other encouraging news from the states...
By Brad Friedman on 1/16/2018 5:39pm PT  

On today's BradCast, the consequences of elections, from D.C. on immigration, to VA and NJ on gun safety legislation, and across both D.C. and dozens of states when it comes to marijuana policy under Trump's Attorney General. [Audio link to show is posted below.]

The White House, lawmakers and corporate media continue to squabble today over Donald Trump's racist and reportedly vulgar slur of black majority nations as either "shitholes" or "shithouses" during a bipartisan meeting on immigration last week, even as his Departments of Justice and Homeland Security issued a new and misleading report on terrorism that downplays the far greater threat of domestic attacks by homegrown white Americans, in favor of a focus on foreign-born terrorists.

In the meantime, as the White House and Congress attempt to strike a government spending deal that includes protections for DACA recipients in time to avoid a government shutdown at the end of this week, a changing of the guards in both New Jersey and Virginia following last November's elections is taking place and already reshuffling public policy.

NJ's wildly unpopular Republican Gov. Chris Christie was finally replaced on Tuesday by the new Democratic Governor Phil Murphy, one day after Christie finally signed a law that will ban deadly bumpstock devices, like those used to kill 58 people and wound hundreds of others in minutes in Las Vegas last year, in the Garden State. (To his discredit, he had little choice, as the legislation passed both state chambers with zero votes opposing it.)

At the same time, in VA, where Republicans managed to barely hang on to majorities in the state legislature, thanks to some gaming of several House races and of legislative district maps across the state (allowing them to retain control despite losing statewide by a 55% to 45% margin), the GOP's majority control in the state Senate resulted in the gutting of most of the gun safety agenda on which that state's new Democratic Governor Ralph Northam ran and won by a landslide.

Then, we head back to D.C., where Attorney General Jeff Sessions announced after the turn of the new year that the DoJ was reversing Obama-era enforcement guidance on federal law, in order to crack down on states where marijuana has been made legal for medicinal and/or recreational use after decades of prohibition.

As Drug Policy Alliance advisor and marijuana legislation lobbyist MIKE LISZEWSKI joins us to explain, the new DoJ guidance, rolling back the so-called "Cole Memo" from the Obama years, has not gone over well, even with a number of Republican lawmakers, particularly those from cannabis-friendly states where they have seen a dramatic rise in tax revenue thanks to new policies adopted by voters and state lawmakers.

"The Cole Memo was just guidance, it was never binding. But by removing it, Sessions has really given the green light to US Attorneys throughout the country to say, if you want to prosecute against state marijuana conduct you have our backing," Liszewski tells me, before arguing that there is no need for such policy, given that state laws, where pot has been legalized, are already very tough. "If someone was using a state marijuana law to shield some sort of bad activity, they're clearly in violation of state law. There's so much oversight, you're likely going to get caught rather quickly. So there's really no need for additional federal prosecution. It's really addressing a concern that doesn't actually exist --- unless you have some hysterical views about marijuana."

Sessions, of course, famously has views. Last year, for example, he famously stated that marijuana was "only slightly less awful" than heroin. Liszewski breaks down the DoJ's announced change in prosecutorial guidance and the effect it is likely to have (if any) in pro-cannabis states where, he says, it has "turned out to be wonderful for generating state tax revenue...in terms of the money it's pulling in, but also the law enforcement resources, the jail resources, the court resources, that don't have to go into prosecuting low-level marijuana cases."

We also discuss how Congress may still be able to move forward on drug policy under an Attorney General who is an avowed enemy of pot users and a President who claims to favor states' rights on the matter. Congress, Liszewski argues, is close to having the votes to end prohibition at the federal level all together, if it doesn't have those votes already. But, he says, thanks to a few "old guard" Committee Chairs in Congress, it may take a full reshuffling of the deck in the 2018 mid-term elections to see it actually happen.

"The 2018 elections are going to be so crucial to the future of marijuana reform," he says. "Because whether it's a shift in which party controls each chamber, or if it's just voting out the old guard and getting some new Republicans in, either way would be helpful towards ending federal marijuana prohibition."

"It would be very, very difficult to get the genie back in the bottle at this point," Liszewski adds, "especially seeing a good number of Republicans as well as states continuing to move forward right after the Sessions announcement. It really shows that Sessions is alone on an island with this and has very few supporters. I think the writing is on the wall."

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DACA scheme blocked; Off-shore drilling reversed; CA's latest disaster; VA's gamed elections; NC's gamed Congressional maps; much more...
By Brad Friedman on 1/10/2018 6:21pm PT  

On today's BradCast, we do our best to try and make some sense of the utter chaos, havoc and non-stop breaking news plaguing the nation over the past 24 hours. Wish us luck! [Audio link to show follows below.]

Among the stories covered on today's extremely busy program...

  • Late updates on the devastating mud-flows that have, so far, resulted in the deaths of 17 in Southern California's Santa Barbara County, just north of Los Angeles, following a massive rainfall this week in the area just burned by the largest fire in state history;
  • A federal judge has temporarily blocked Donald Trump's attempt to lift the DACA program, which has protected some 800,000 children of immigrants who came here with their parents through no fault of their own;
  • Just days after announcing their intention to open 90% of U.S. coastline to off-shore drilling, Trump's Dept. of Interior chief Ryan Zinke reverses course, but only for the state of Florida, in what appears to be a political (and unlawful) favor to Florida's Governor Rick Scott, who Trump is supporting in a run for the U.S. Senate;

In election and voting news today...

  • Just minutes before Virginia's House of Delegates convened its new legislative session today, Democrat Shelly Simonds conceded her 94th District race against Republican David Yancey without seeking the second "recount" she is entitled to by state law. The first "recount" resulted in a declared "tie" vote and a random drawing, following a very questionable ballot [JPG] counted for the Republican after the initial "recount" had handed the victory to Simonds by a single vote. (She could still ask for a recount as late as the 17th, if she and the Democratic Party wise up and changes their minds. Republicans absolutely would have demanded such a count had the random drawing gone the other way. They would also have prevented her from being seated until that count was completed. Moreover, I share some disturbing comments from a conversation about all of this with the Voter Registrar who oversaw the election in Newport News, VA.)
  • In the 28th District race for Virginia's House, an appeals court denied the Democrats emergency motion for a new election today, after the Republican was declared the winner by 73 votes even though 147 voters were given the wrong ballot on Election Day last November. (With both of those Dems out, the GOP majority in the VA House has shrunk from 66-34 last session, to just 51-49 as of today, despite Democrats winning 55% of the vote statewide in the Republican gerrymandered state);
  • In North Carolina, a federal court panel issued a landmark and blistering ruling on Tuesday night, finding state Republicans had blatantly gerrymandered the swing-state's U.S. House Districts on a partisan bases to ensure a 10 to 3 majority for themselves, in what the panel found to be a violation of the Constitution's Equal Protection Clause. The court ordered new Congressional maps to be drawn up immediately, in the next two weeks, in time for the 2018 primaries. But Republicans vow to appeal the ruling to the U.S. Supreme Court, which is currently deciding a separate but very similar case on partisan gerrymandering of state legislative districts by Wisconsin Republicans.
  • And today, a divided (and stolen by the GOP) U.S. Supreme Court heard oral argument in a case challenging Ohio Secretary of State John Husted's scheme to purge voter rolls after voters have gone just two years without voting in a federal election, in what Democrats and voting rights advocates argue is a violation of the National Voter Registration Act (NVRA).

Finally today...

  • Trump's Energy Secretary and former Texas Governor Rick Perry sees his scheme to extend the life of coal and nuclear plants under the false guise of "grid resiliency" go up in smoke after all of the appointees on the Federal Energy Regulatory Commission (FERC), most of whom were appointed by Trump, unanimously reject the plan, which was seen as a payoff to a coal baron benefactor of both Perry and Trump. A former Trump Campaign official, however, sees a far more insidious (and laughable) conspiracy.

What. A. Mess. Enjoy!...

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All of that and more evidence of wheels coming off everywhere...
By Brad Friedman on 1/4/2018 6:03pm PT  

On today's BradCast: The wheels seem to be coming off everywhere. That's both good and bad news. [Audio link to show follows below.]

We start here: After a two month back and forth since the November 2017 off-year elections in Virginia, it appears that Republicans will retain --- if just barely --- their majority control of the Virginia House of Delegates (for now) following a random drawing out of a bowl in Richmond today resulted in Republican David Yancey being named the winner over Democrat Shelly Simonds.

That, despite a "recount" in the 94th District race finding the Democrat had won, until a Republican observer changed his mind and a Republican Circuit Court panel of judges agreed with him. That was followed by a rejected court challenge by the Democrat, today's random drawing to determine the winner of that court-declared tie, a likely second "recount" to come in the same race, a court challenge to a separate very close race in the 28th district decided by 73 votes with at least 147 voters receiving the wrong ballot entirely, and Democrats across the obscenely gerrymandered state having out-voted Republicans by a "landslide" 10% margin in the November 7, 2017 elections.

We detail all of that today --- including my brief, if telling, email conversation with the election official in the city of Newport News who supposedly oversaw the race in the 94th district. And, for the record, here is a JPG of the one single ballot in question which led to the current tie.

Then, in other election related news, we move on to Donald Trump's monumentally failed "voter fraud" Commission, disastrously helmed by longtime GOP "voter fraud" fraudster and Kansas Sec. of State Kris Kobach. The Commission, created after Trump's evidence-free assertions that millions of unlawful votes were cast against him in 2016, has been besieged with lawsuits against it, including by one of its own Commissioners. But there may be another reason that Trump suddenly, and without notice to anyone, disbanded it entirely by Executive Order on Wednesday evening: he got mad at Steve Bannon. Democrats and voting rights advocates are rejoicing after the news, but will the dissolution of the Commission result in even more concerns for advocates of free and fair elections?

Speaking of which, heads up! Trump's Dept. of Justice appears to have a new idea for how to game the 2020 Census (which is also an election-related issue).

Finally, Desi Doyen joins us for a bone-chilling first Green News Report of the new year, as a dangerous blast from the melting Arctic slams much of the country, the Trump Administration guts even more environmental and safety regulations over the holiday weekend when few were noticing, before announcing a new disturbing scheme today to open up 90 percent of nation's off-shore oil reserves to new commercial drilling.

The wheels seem to be coming off both the world and the Trump Administration. We'll hope for the latter in time to prevent the former...

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Guest: Election law Prof. Joshua A. Douglas of Univ. of Kentucky...
By Brad Friedman on 1/3/2018 6:29pm PT  

We're back on today's BradCast after a brief New Year holiday break! But it wasn't entirely a break, as Alabama's Secretary of State John Merrill decided to launch a bizarre Twitter exchange with me over the holiday weekend. [Audio link to show follows below.]

The conversation included the state's chief election official repeatedly (and inaccurately) insisting that Alabama's paper ballot computer scanners do not "capture" scanned ballot images that can be retained by the system for review by the public after an election. He is wrong, as I politely noted during the conversation.

In fact, Merrill almost certainly knows he is wrong, since he actually went to the State Supreme Court to block an order by a lower court, issued the day before the December 12th U.S. Senate Special election between Democrat Doug Jones and Republican Roy Moore, to instruct all county election officials to set their computer scanners to retain all captured ballot images! [We discussed that multi-partisan lawsuit with one of the organizers, John Brakey, before it was filed, and again with one of the plaintiff attorneys, Chris Sautter, after the order was blocked by the state Supreme Court, allowing counties to destroy their captured ballot images.]

Nonetheless, after I questioned Merrill about the inaccurate information he was offering to the public, he decided to block me on Twitter, rather than admit that he had misinformed the public. Here's a PDF that reconstructs as much of the conversation as I could, given that I'm now blocked by him, so can't easily see his Tweets. Moreover, he also deleted a number of his own Tweets after he blocked me, and he repeatedly broke the conversation thread throughout. So, that PDF reconstruction will have to suffice for now to give you an idea of what at least one Twitter user accurately described as a "bonkers" exchange!

It wasn't the first time Merrill would block journalists, election law experts, or even his own constituent voters on social media after someone dared to suggest that he was wrong about AL election procedures. We're joined today by JOSHUA A. DOUGLAS, professor of election and constitutional law at the University of Kentucky College of Law. He, too --- like me, and like UC Irvine election law professor Rick Hasen --- was blocked on Twitter by Alabama's Republican Sec. of State after asking a question, in November, about the state's election code.

"I said, it's not about lying, it's about asking questions of a public official running their elections, and the next thing I knew, I was blocked myself. So, kind of ironically, Merrill blocked me for questioning whether he should be allowed to block others on Twitter who were trying to interact with him about the election," Douglas explains. He wrote about the incident and why it matters at AL.com.

We discuss all of this bizarre behavior, and whether or not it's a violation of the Constitution when folks like Merrill and, yes, the President of the United States, block citizens from being able to read their social media comments. All of which makes what we do --- as journalists, legal professionals and, yes, voters --- more difficult and even Constitutionally problematic in a number of ways.

Also today: Despite Merrill's odd behavior before, during and after the election (Merrill supported Roy Moore), Doug Jones was sworn in to the U.S. Senate today after (apparently) defeating Moore to become the state's first Democratic U.S. Senator in some 25 years, narrowing the GOP majority to just 51 to 49. And, King of the Twitter Trolls, Donald Trump threatened nuclear war again with North Korean leader Kim Jong Un and social media had a huge laugh at Trump's comments about having a "much bigger" nuclear button than Kim. But is any of it --- including the threat of war between two nuclear-armed nations --- really all that funny?...

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Guest: The Intercept's Jon Schwarz; Plus: Kobach loses in court; Battle over election results and control of VA House continues...
By Brad Friedman on 12/27/2017 5:55pm PT  

On today's BradCast, the GOP has made an industry out of protecting their power and their Presidents, from Richard Nixon right up through Donald Trump. And neither the Democrats nor the corporate media seem to have figured out how to counter the Right's radical transformation of the American political landscape over the past 40+ years. [Audio link to full show is posted below.]

But first today, a bit of voting and election news: A federal judge on Friday, just before the Christmas holiday, found in favor of Maine's Democratic Sec. of State Matt Dunlap after he was forced to sue Donald Trump's so-called "Election Integrity" Commission headed up by Vice President Mike Pence and Kansas' Republican Sec. of State --- and infamous GOP "voter fraud" fraudster --- Kris Kobach. Dunlap had sued because, even though he is on the Commission itself, Kobach and the other rightwing fraudsters on it had been withholding documents and keeping Dunlap completely out of the decision making process. While that was a loss for the Government, a separate lawsuit against the Commission, filed by the Electronic Privacy Information Center (EPIC), was rejected by a federal Appeals Court on Tuesday, on the basis that the group did not have standing to sue.

Also today, an update on the November 7th, 94th District Virginia House of Delegates race where Democrat Shelly Simonds appeared to have unseated Republican David Yancey by one single vote, until one of the Republican election official judges decided, the day after a "recount" was completed last week, that a previously discarded over-vote ballot [JPG] was actually a vote for the Republican after all. A three-judge court panel of GOP-appointed judges agreed, which meant the race was tied and the winner would be determined --- along with the balance of control of the Virginia House, which had been controlled by the GOP for decades --- by a random draw. That draw, scheduled for Wednesday, was postponed late on Tuesday by the state's Election Commission at Simonds request, while she challenges the three-judge panel's ruling in court.

Then, with the calls intensifying from the Fox "News" rightwing for Trump to fire Special Counsel Robert Mueller, are Democrats doing enough to counter the Constitutional Crisis that would likely ensue if he did so? For that matter, how have we arrived at a moment in American history when an investigation by a Republican Special Prosecutor into the firing of a Republican FBI Director by a Republican President can be considered a partisan Democratic witch hunt?!

JON SCHWARZ of The Intercept joins us to discuss the historical chain of events, connecting the dots of lawless GOP Presidential administrations from (at least) Richard Nixon up through Donald Trump, to illustrate exactly how we got here. In his recent historical essay, he details a fairly direct line of actions taken by the right during and after Nixon, right up through the present, that has largely prevented real accountability for lawless Republican Presidents, while both the Democrats and the corporate media have continued to pull their punches for various reasons.

"The history of Watergate has been completely rewritten in the past 45 years," Schwarz explains. "The reality is that it just barely succeeded. All of the investigations, all of the obvious, blatant wrongdoing by Nixon was just barely enough to get him out of office. Under other circumstances --- if the Republicans had controlled Congress, if they'd had Fox News then, if they'd had decades of appointing people to the courts --- it's very likely that Nixon would have stayed in office, and people would remember it as just a minor blip."

As is, he tells me, Nixon still escaped accountability for the worst of his crimes including collusion with a foreign power which resulted in the deaths of thousands of Americans, and an untold number of others in Indochina. "It's kind of shocking how this has been completely kept out of history."

Nonetheless, during his administration, a young Nixon staffer by the name of Roger Ailes came up with "A Plan for Putting the GOP on TV News," which would eventually become Fox "News", while a separate if related scheme by a future Supreme Court Justice that became known as the "Powell Memo", helped to restructure the federal judiciary and paved the way for the corporate takeover of our electoral and political system. "It describes exactly what has happened for the last forty, forty-five years," Schwarz notes. "They laid out a plan and they executed it, and it worked."

And now, we live in a world where only Republicans allowed to be appointed to investigate Presidents, whether they are Republicans or Democrats, and only Republicans have ever been appointed as FBI Directors, even by Democratic Presidents. And, despite that, we now hear the ever-increasing drumbeat charging that Mueller's investigation is a "partisan Democratic witch hunt", leaving Dems fighting among themselves as to whether they should push for impeachment, and the media pulling punches when reporting on GOP Administrations.

"If Hillary Clinton were President and had done the things that Donald Trump has done," Schwarz argues, "everyone knows she would have already been impeached 97 times."

Finally, we close today with some related listener e-mail, a few more thoughts on the Powell Memo, and a few words of thanks to those of you who have stopped by BradBlog.com/Donate to help us try and continue BradCasting into the new year...

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Guest: Jeet Heer of New Republic...
By Brad Friedman on 12/20/2017 6:13pm PT  

On today's BradCast: An all too remarkable reminder that every vote --- every single vote --- matters. Or should, with control of the Virginia's House of Delegates and, potentially, healthcare for hundreds of thousands now at stake amid a remarkable "recount" in the state. Also, now that the massive GOP tax bill has been passed, are Democrats still relying too much on potential findings of the Special Counsel and the possibility of impeachment in 2018? [Audio link to today's show follows below.]

Just after our show yesterday, the Commonwealth of Virginia completed a partial-machine, partial-hand "recount" of one of last month's House of Delegates races that, by one single vote, appeared last night to hand the victory to the Democratic candidate Shelly Simonds. One single vote. If Democrats pick up that seat, it would, in turn, end decades of Republican-majority control of the House, with a 50/50 seat split among Ds and Rs. Before the November 7 election, Republicans held a 66-34 seat advantage.

It appeared, as of last night, to be a done deal, with the Dem having been declared the winner after the "recount" by one vote on the state's hand-marked paper ballots and the Republicans having conceded the race. (Virginia finally got rid of all of its 100% unverifiable touch-screen systems this after.) The bi-partisan election official judges signed off on Tuesday's new tally, handing the victory to Simonds over Republican David Yancey who had led by just 10 votes prior to the "recount".

But on Wednesday morning, a GOP election official judge had second thoughts about one ballot which, previously, the judges had unanimously determined to be an overvote --- with a selection in the bubbles for both the Democrat Simonds and for the incumbent Republican Yancey. The Simonds bubble, however, appears to have a slash through it. The rest of the selections on the ballot were for Republicans, though the choice for the Republican candidate for Governor also appears to have a cross through it, with no other candidate selected by the voter in that race. (The full ballot in question can be viewed here [JPG].)

So, after a two hour court hearing on Wednesday, it was decided by a three-judge panel that the race was/is a tie instead, with 11,608 votes for each candidate. That means control of the VA House --- and the increased possibility of health care coverage via Medicaid expansion for nearly half a million Virginians --- will be left up to a random draw to see who wins the seat.

There are, of course, still many questions about this story, which was still breaking as we went to air today. The "losing" candidate after the random draw will also be able to ask for a second "recount". We discuss all of those questions, the ballot, the "recount" methods used in the state, the state's published guidelines [PDF] for counting various types of questionably hand-marked paper ballots in VA, and much more related to this remarkable episode, including whether digitally scanned "Ballot Images" from Election Night may exist to determine whether the cross-out on the ballot in question was there originally or added somehow during the post-Election Night chain of custody. (The city of Newport News, where this election in the 94th District was held, does appear to have the type of computer-scanners that create digital ballot images, though I've yet to hear back from the Registrar if those systems were set to retain the images after scanning them.)

It should also be noted here that Democrats received some 53% of the vote, compared to just 43% for Republicans across the state when the entire House was up for grabs in November. Nonetheless, as things currently stand, Democrats may only achieve a 50/50 split in the House. That should offer an idea of how badly the Republicans have gerrymandered the state.

Also, a separate recount for a separate very close VA House of Delegates race is still pending, though Democrats there are suing for a completely new election, since at least 100 voters were given the wrong ballot in a race currently decided for the Republican incumbent --- before the "recount" --- by just 82 votes.

Then, we're joined today by JEET HEER, Senior Editor at New Republic to discuss the final passage of the GOP's massive tax cuts, largely for the wealthy, how Democrats are responding to them, and whether or not they are over-relying on the possibility of impeachment to take down President Trump as they head into the 2018 mid-term election year. Heer argued as much in a recent article discussing "the Democrats' dangerous obsession with impeachment". It's a highly debatable subject, about which I am of at least two minds, as discussed in detail with Heer on today's show.

Finally, we close with Bernie Sanders' late-night response to the passage of the $1.5 trillion tax bill in the middle of the night on Tuesday night/Wednesday morning in the U.S. Senate, and how the GOP is now planning to come for Medicare, Medicaid and Social Security in order to pay for it...

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CA GOP could be left with zero U.S. House Reps after 2018...
UPDATE: 13 of 14 CA Congressional Repubs voted 'yes' on final version of tax bill...
By Ernest A. Canning on 12/4/2017 9:41am PT  

A month ago, the notion that every one of California's fourteen (14) Congressional Republicans could be voted out of office in 2018 would have been dismissed as little more than a utopian dream for the Democratic Party.

If we've learned anything, however, from November's "Tidal Wave" off-year elections, which saw a diverse group of Democrats defeating Republicans in deep red districts in Virginia and elsewhere, it's that no Republican seat should be considered an absolute lock in 2018.

That proved to be the case in another special election, a week or so later, when a 26-year-old lesbian, Democrat Allison Ikley-Freeman narrowly defeated an incumbent Republican state senator in a "deep red" Oklahoma district that Trump carried in 2016 by nearly 40%.

There are a multitude of factors, some unique to California, that suggest that no Golden State Republican --- not even House Majority Leader, Kevin McCarthy (R-Bakersfield) who trounced his 2016 Democratic opponent by nearly 39 percentage points --- should take their seat in the state's 53-member U.S. House delegation for granted...

--- Click here for REST OF STORY!... ---




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