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Latest Featured Reports | Monday, November 19, 2018
Sunday Sort-of-a-Pyrokinetic Toons of the Moment
Horrific wildfires rage in California, as Trump rages in the aftermath of the midterm elections in PDiddie's lastest weekly toon collection...
'Blue Wave' Still Growing Despite GA Guv Setback, Theft: 'BradCast' 11/16/18
Guest: Heather Digby Parton; Also: Staggering new CA wildfire numbers; Orange County, CA turns 'Blue'; Abrams announces Kemp will 'win' GA election, vows suppression lawsuit...
FL 'Machine Recount' Exten-sion Denied, 'Hand Recounts' Begin: 'BradCast' 11/15/18
Also: The prob w/ Vote-by-Mail ballot sig-natures; Dems win House seat in ME Ranked Choice 'runoff'; GA's illegitimate Guv election...
'Green News Report' 11/15/18
  w/ Brad & Desi
Death toll still rising as CA fires rage and state preps for tomorrow's disasters; Top EPA official indicted on corruption charges; PLUS: New Dems push for bold action on climate change...
Previous GNRs: 11/13/18 - 11/8/18 - Archives...
Lawsuits Fly in FL 'Recount' Mess:
'BradCast' 11/14/18
The fight to count every vote in FL and GA gets messier still, as Dems pick up another U.S. House seat; Also: Ernie Canning on CNN's lawsuit against Trump White House...
CNN Files Legal Action Against White House to Restore Acosta Press Credentials
News oulet cites violations of First, Fifth Amendment rights by Trump, Huckabee-Sanders, Secret Service...
New Court Rulings Favor Voters Amid FL, GA Counting Fiascos: 'BradCast' 11/13/18
Guest: CommonCauseGA's Sara Henderson; Also: Dems flip Senate seat in AZ; Melania wants NSA official fired...
'Green News Report' 11/13/18
N. Cal fire now most deadly in state history; Kids' landmark climate suit placed on hold, again; PLUS: Federal judge halts all work on Keystone XL pipeline...
FL 2000 'Recount' Chief: State 'Cannot Physically' Complete 'Recounts' by Deadline: 'BradCast' 11/12/18
Guest: FL's Ion Sancho; Also: CA fires; Sinema wins Senate in AZ; Legal fight for GA Guv...
Sunday 'VFW' Toons
(Veterans Forgotten by Washington)
PDiddie's weekly toons nod to those gone and forgotten by some, and those not gone, but who we'd like to forget...
Election Battles Rage in FL, GA:
'BradCast' 11/9/18
Guest-host Angie Coiro w/ latest on election counts; Also: Law360's Amber McKinney on DACA; D.D. Guttenplan on progressivism's future...
Dems' Challenge to FL 'Sig-nature Mismatch' Law Could Determine Guv, Senate Races
Even former Democratic Rep. Murphy disenfranchised when ballot was rejected...
'Green News Report' 11/8/18
Big wins, losses for environment in 2018 midterms: Science to return to the House Science Comm, Big Oil money crushes state energy ballot measures...
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: Harvard Law's Michael Klarman; Also: Trump praises GOP Rep's violence against journalist at MT rally, as Khashoggi assassination roils...
By Brad Friedman on 10/19/2018 6:46pm PT  

On today's BradCast: It's no longer only political pundits and activists calling for Democrats to pack the U.S. Supreme Court by adding several seats as soon as possible, in the wake of the Republican Party's blatant theft of the high court majority. Esteemed law professors are now joining that call. [Audio link to show follows below.]

But, first up today, a word or two on the President of the United States' appalling celebration of violence against journalists at a political rally in Montana on Thursday night. To the cheers of his supporters, Donald Trump praised the criminal assault on Guardian journalist Ben Jacobs by Republican U.S. House member Greg Gianforte. The attack last year was carried out by Gianforte, and caught on tape, on the eve of his special election to the state's only U.S. House seat.

"Any guy that can do a body slam --- he's my kind of guy," Trump declared to laughter and wild applause from supporters at the campaign rally for Gianforte in Missoula on Thursday, lauding him as "one tough cookie." The Congressman initially lied to police after the assault, claiming that he was attacked by Jacobs. Later, after he won the election, and after a Fox News crew who witnessed the attack detailed what actually happened, Gianforte pleaded guilty to misdemeanor assault, apologized to Jacobs and paid a small fine in addition to performing 40 hours of community service and receiving 20 hours of anger management counseling.

Trump's disgusting --- and chilling --- praise for the violent attack against a reporter doing his job, comes amidst Trump's seeming support for Saudi Arabia following their reported assassination and dismemberment of Washington Post columnist and Virginia resident Jamal Khashoggi at the Saudi consulate in Istanbul two weeks ago. Journalists today --- including the Guardian's Editor and the head of the White House Correspondents Association --- are decrying Trump's support for violence against reporters, despite his sworn oath to protect and defend the Constitution's First Amendment. We decry it --- and the dark path where it's leading --- on today's show as well.

Next, we're joined by MICHAEL KLARMAN, the Kirkland & Ellis Professor at Harvard Law School to discuss his recent essay at the Take Care Blog, detailing "Why Democrats Should Pack the Supreme Court" if they are ever able to regain control of the White House and both chambers of Congress. The public conversation in support of expanding the number of seats on the high court --- which can be done statutorily, without a Constitutional Amendment --- has been intensifying in recent weeks. What had begun as a call from activists to restore a Democratic majority, stolen from them by Republicans in 2016, has quickly spread to academic and legal circles.

Klarman, the author of many books on American law and history and a former clerk to Ruth Bader Ginsberg, argues that, in addition to the GOP's historically unprecedented theft of the high court and his belief that Trump was likely elected only due to unlawful foreign interference, a host of radical actions by Republicans in recent years at both the state and federal level, leaves Democrats with only the choice to respond in kind. If not, he argues, it will be nothing less than "unilateral disarmament" and an act of "political suicide" for the party.

"It's not radical. It's responding to an extraordinary rightward shift in the Republican Party that is tearing apart the rules of democracy," he argues. "The Republicans have already packed the Court," so "unpacking" it, he says, would be warranted.

"There's a kind of sickness that's been spreading in the Republican Party for the last decade or two. It's certainly not true of all Republican voters, many of whom I think would be unaware of these things, and would have a problem with them if they knew about it," he tells me. "But the Democratic Party can't go on playing by the established norms and traditions of democracy when the Republican Party is willing to do anything to win. That's unilateral disarmament. It usually doesn't work out well for the party that disarms. So this is a fairly mild way to fight back."

"My argument is not that Democrats should control the Supreme Court at any cost --- I think that's the Republicans' position, [that] 'we get to control the Supreme Court even if it means stealing an appointment.' My position is their theft has to be offset, and put us back in the position that we ought to have been at if the seat hadn't been stolen."

He leaves the case of whether Dems should run on a promise to expand the Court, or wait until they gain back control before announcing such a plan, to political scientists, but he notes: "We're going to have to think creatively in order to rescue democracy. And that may mean occasionally fighting back in ways that Democrats don't gravitate toward naturally, and that they would prefer not to have to use at all in a normal political environment. But you can't just respond by disarming in the face of this incredible threat that the Republican Party is posing to the basic norms and institutions of democracy."

Finally today, more news on the ongoing allegations of attempted voter suppression, particularly in southern states once covered by the Voting Rights Act until the central part of the Act was gutted by SCOTUS Republicans in 2013. That, on the same day that Trump's former longtime lawyer and business partner Michael Cohen broke his media silence to plead with the American public to vote this November or face "another two or another six years of this craziness." And then we enjoy another musical close to today's show, this time from actress Jenifer Lewis, of ABC's Blackish, who explains, in song, why it's time to "Get your ass out and vote!"...

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: Slate's Mark Joseph Stern; Also: Early voting fails on first day in GA; Adelson now owns the GOP; Death toll rising after Michael...
By Brad Friedman on 10/16/2018 6:38pm PT  

On today's BradCast: If you think the way the Republican Party has rigged and stolen the U.S. Supreme Court is appalling, just wait until you see what they're trying to do of late at a few of the state Supreme Courts! [Audio link to show is posted below.]

But, first up today: Donald Trump says the Crown Prince of Saudi Arabia told him he had nothing to do with the disappearance --- and, likely, murder --- of Washington Post journalist, Saudi citizen and U.S. resident Jamal Khashoggi at the Saudi consulate in Turkey. The Prince's word appears to be good enough for Trump, who went on to compare the situation to the allegations of sexual assault against now-U.S. Supreme Court Justice Brett Kavanaugh

Meanwhile, the midterm elections are now exactly three weeks away and early voting got underway on Monday in Georgia where, you'll be shocked to learn, it didn't go well. After our previous coverage of ongoing racially disproportionate voter suppression schemes under the command of GA Sec. of State and Republican gubernatorial candidate Brian Kemp (who is in a tight election contest with Democrat Stacey Abrams), and after very serious and years-long concerns about their completely unsecure, wildly hackable, and 100% unverifiable touchscreen voting systems, it appears that the electronic pollbook systems failed across Fulton County (Atlanta) on the first day of early voting.

In not entirely unrelated news, the GOP appears to now be a wholly owned subsidiary of Las Vegas billionaire Sheldon Adelson.

Then, we move to some of the insanity of several attempted state Supreme Court coups this week with Slate's legal reporter MARK JOSEPH STERN. Stern joins us to detail both some good news from the Florida state Supreme Court, regarding that state's Supreme Court, and an apparent Constitutional Crisis in West Virginia after a decision by that state's Supreme Court, regarding their state Supreme Court. If it all sounds nuts, it's because it is.

First, in Florida, outgoing Republican Gov. Rick Scott had vowed to name three new Justices to the Court, even though the Democratic-appointed Justices he planned to replace will not be vacating their seats, because of term limits, until after Scott officially leaves office in January. Stern reports the largely good news --- with a caveat or two --- regarding the Sunshine State's Supreme Court's unambiguous ruling last week that will leave the job of appointing three new Justice to Scott's successor instead (who will be either Democratic gubernatorial candidate Andrew Gillum or Republican Ron DeSantis, depending on how things go on November 6th.)

Then, things get far crazier at the West Virginia state Supreme Court, where the Republican state legislature, along with Republican Gov. Jim Justice, have been attempting a coup by impeachment of all five Justices on the state's 3 to 2 Democratic-majority Court. This story has more jaw-dropping twists and turns in it than I can possibly describe here --- including five temporary replacement Justices determining that at least one of the impeachments was unconstitutional under state law and the GOP-majority state Senate which hopes to move forward with a trial anyway...if only they could only find a Justice willing to preside over it, as required by the state Constitution.

Just tune in for the insane details on how, as in Florida, West Virginia Republicans are doing anything and everything they can to blatantly steal a Democratic-majority high court.

And, as if that's not enough, Stern then reports on the wildly hypocritical decision by the U.S. Supreme Court last week that will leave a new voter suppression law --- enacted by North Dakota Republicans --- in place for the November midterms. The ruling effectively changes the state's election law at the last minute before this year's general election and is likely to disenfranchise thousands of Native American voters. The ruling threatens to undermine this year's re-election chances of Democratic Sen. Heidi Heitkamp, who won her previous election in 2012 by just 3,000 votes, and could assure Republicans hold their control of the U.S. Senate along with it.

Yes, elections and Supreme Courts --- be they at the federal or state level --- matter!

Finally, Desi Doyen joins us for the latest Green News Report, as the long road to recovery begins and the death toll increases after the catastrophic Hurricane Michael, and as a bought-and-sold Republican Party --- from Marco Rubio in Florida to Donald Trump in the White House --- continue to deny the deadly and costly impacts of climate change on behalf of their fossil-fueled corporate owners...

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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(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)




Guest-host Angie Coiro on the possibility of sanctions against Saudi Arabia, as Trump protects arms sales; Also: The power of women's rage, with Nelini Stamp and Soraya Chemaly...
By Angie Coiro on 10/11/2018 6:49pm PT  

On today's BradCast, I'm your guest host --- Angie Coiro of In Deep with Angie Coiro.

Among the headlines today:

The news about Jamal Khashoggi gets more and more grim. Turkey claims to have both audio and video evidence of the missing journalists murder --- although for reasons I detail in the show, Turkey is not an entirely reliable narrator here. US sources tell the Washington post this sounds to them like a failed rendition attempt. Donald Trump is twiddling and fretty lest the US lose arms sales to Saudi Arabia, and what’s a missing journalist compared to that?

The ACLU is among those sounding the alarm about new regulations proposed for the National Park Service to inflict on White House protestors. It's ugly stuff; maybe the most blatant bit is shaving down to just five feet --- yes, FIVE FEET --- of White House sidewalk space allowed to protesters. That, and raising the cost of permits and fees. If you ain't got the coin, there goes your "free" speech. You can comment directly to the NPS, or via the page set up by the ACLU.

Melania Trump is the most bullied person in the world. No, really.

The percentage of American kids without vaccinations has quadrupled since 2001, proving once again that idiocy is highly contagious.

And Joe Biden thinks Dems have a shot at taking both the House and the Senate in the midterm elections. From your lips etc., Joe!

After the headlines roundup: a conversation with NELINI STAMP, Organizing Director with the Working Families Party and a key organizer in the #BlackFridays movement. Last Friday was the kickoff for women – particularly women of color and non-binary women – to don black clothes and walk out of work at 3pm local time. Nelini reviews that impressive first week, and what the movement is about.

Then, SORAYA CHEMALY discusses her new, highly-researched book, Rage Becomes Her. It probes cultural messaging about anger – and the effects of that messaging – on every era of women’s lives, from the cradle onward. The footnotes section is both impressive and sad – impressive because it is so. Darn. Thorough. And sad because – as the author is a woman – research tells us she's viewed as inherently less credible, and she has to work that much harder showing her work.

Download MP3 or listen 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!




Guest: WV's Bob Kincaid: Also: With Kavanaugh on SCOTUS, a hurricane headed toward FL, UN releases a stark new report on climate change...
By Brad Friedman on 10/8/2018 6:40pm PT  

On today's BradCast: In case it wasn't clear until now, the stakes for November's midterms couldn't be higher --- for the nation and for the planet --- leading to what might be a difficult choice for some voters. At this point, however, at least in my opinion --- as discussed at the opening of thd show today --- the choices are not difficult at all. [Audio link to show follows below.]

It's now official. Judge Brett Kavanaugh --- alleged sexual assaulter and demonstrably repeated perjurer --- is now Justice Brett Kavanaugh on the U.S. Supreme Court. That means that all five serving Republican appointees on the (currently) nine-person Court, serve under one cloud of illegitimacy or another. That said, while there are ways to reverse the terrifying course the nation (and planet) are now on --- including a difficult path towards restoring a majority to the stolen Court that might actually represent the majority of the country --- it will be neither easy nor painless. Nonetheless, the first major step on that path is the November 6th, 2018 midterm elections less than one month away, and now more crucial than ever.

As if another violent reminder of dangers that now lie ahead, Hurricane Michael is now barreling toward the Florida Gulf Coast, threatening to make landfall in the next day or two, and the United Nations' Intergovernmental Panel on Climate Change (IPCC) released a chilling new report on Monday, warning the worst effects of global warming are now set to arrive far sooner than previously predicted by the conservative scientific body. The new report details, among other things, the enormous contrast in impacts based on the half of a degree Celsius difference between holding the earth's warming to 1.5 degrees over pre-industrial times versus the 2 degrees or more where we are almost certainly headed unless very serious changes --- with "no documented historic precedent" --- are made by civilization, very quickly over the next 10 years. Are the corporate media up to the task of covering this? Much less civilization doing what is now needed?

With all of that (and much more) at stake, we are joined today by the inimitable BOB KINCAID of West Virginia's Coal River Mountain Watch and the Head-On Radio Network (HORN) to discuss WV Senator Joe Manchin's weekend vote in favor of Kavanaugh. He was the only Democratic Senator to do so, despite the nearly 10 point average lead he currently enjoys over his Republican re-election opponent in pre-election polling. Specifically, we focus on why Manchin voted the way he did and, more importantly, the difficult choice that voters like Kincaid now face in choosing between the barely Democratic Senator and his far-right, Trump-endorsed challenger Pat Morrissey.

With hopes of regaining control of one or both houses of Congress now the only way to begin putting the brakes on our Trump/GOP-inflicted national emergency, will progressives be able to hold their nose and vote for some candidates who they would never have even considered voting for during a primary season in which the Democratic Party was finally forced, at least a little bit, towards the progressive left? It's a question that many progressives --- not just in West Virginia --- will now have to seriously ask themselves before November, with many less-than-perfect Democrats on the ballot, but the very fate of the Republic and the planet now clearly on the line.

"Joe Manchin is a 'pro-life' Democrat from way back, going way back to when he was just a little, bitty, grasping, ambition-driven state senator," Kincaid argues, charging that both he and Kavanaugh are hard-core Roman Catholics" and that "He voted the Church doctrine. It's just clear as day."

Kincaid, who comes from generations of WV coal miners, is nonetheless a dyed-in-the-wool progressive who, on previous appearances on the show, has both strongly criticized Manchin and explained how difficult it would be to even consider voting for him in the midterm. The last time Kincaid was on, back in April, he described Manchin thusly: "This is really difficult for me, because Joe's a Democrat the way I'm Neptune, Lord of the Deep. Ya know, not at all."

Today, he says, for those who wonder how Manchin could "dismiss the experiences and the suffering of so many women and vote for a guy credibly accused of sexual assault? Let me explain to you: Joe Manchin has sat around for at least eight years, fully knowing what the toxic consequences are of mountaintop removal on babies in the womb, pregnant mothers, grandmothers, grandsons, sons, fathers, brothers, sisters, aunts, uncles, cousins, neighbors, possums, everything. He has known that it poisons his own constituents, kills his own constituents, and yet he has slavishly continued to support that practice and ignored every bit of the science around it." He adds that "We have about a thousand deaths a year in the counties in West Virginia where mountaintop removal is practiced."

"I say all that," he tells me, "hoping that people will understand that I do not come to a decision about Joe Manchin lightly. I would not trust Joe Manchin with the carcass of a run-over skunk."

So, with the stakes now as high as they are, does he still find himself unable to vote for Manchin? And what of other progressives who may still believe that sitting this one out or voting "third party" or staying home instead of voting is the only way to cleanse the Democratic Party of its overly-conservative, overly-corporatist establishment? Please tune in for this important conversation with Kincaid today, that, he says, "he spent a long time thinking about" after he and I had a private discussion over the weekend, begging the question: "Do I vote as an American first, or a West Virginian first?"

Please listen to today's show and let me know, in comments below, how you feel about either his points or mine.

Finally, as voter registration deadlines end this week in more than a third of the states, the disturbingly high purge rates of voting rolls in a number of them continues. Particularly of concern are states with a history of racial discrimination at the polling place, who --- until the Supreme Court gutted the Voting Rights Act in 2013 --- had been required to receive preclearance from the federal government for such purges. A new list of purged GA voters has finally been obtained by reporter Greg Palast, who has created a searchable database for hundreds of thousands of purged GA voters, but the deadline to re-register is Tuesday. And the lists from other states are not as easily accessible. Please go to your state and/or county website to register or check your status as soon --- and as often --- as possible between now and November 6th! Yes, the fate of the planet now rests on it...

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: Fordham Law's Jed Shugerman; Also: More reported vote.org registration probs; Vote-flipping in MO; Willie Nelson's 'Vote 'em Out!'...
By Brad Friedman on 10/5/2018 6:46pm PT  

On today's BradCast, the GOP's far-right take-over of the U.S. Supreme Court for generations --- including one blatantly stolen seat and two men accused of sexual misconduct and/or assault --- is now all but complete, and we discuss an upcoming SCOTUS case that some have cited as reason for the Trump/GOP panic to get their man on the bench as soon as possible. [Audio link to show is posted below.]

On Friday, the four theoretically previously-undecided U.S. Senators announced how they planned to vote on the confirmation of accused sexual assaulter and confirmed liar Brett Kavanaugh for his lifetime appointment to SCOTUS. Republican Sen. Lisa Murkowski of Alaska announced her intention to vote against him, while Republicans Susan Collins of Maine, Jeff Flake of Arizona and Democrat Joe Manchin all declared they will vote in favor of the most contentious nominee to the high court, perhaps in U.S. history. We discuss what all of that means today, moving forward, as the far-right cements its stolen majority. As you might imagine, both Desi and I have some thoughts on all of that today.

Then, we're joined by legal historian and Fordham Law School professor JED SHUGERMAN, author of The People's Courts, to discuss the upcoming Supreme Court case that many Trump opponents have cited in recent days as one of the explanations for Republicans' apparent panic to seat Kavanaugh on the Court as quickly as possible. The case, Gamble v. U.S., involves what some on both the Right and civil libertarian Left consider to be unconstitutional double jeopardy regarding an Alabama man who was convicted at both the state and federal levels for unlawful possession of a firearm. Some Trump critics have suggested, depended on how its decided, that the case could result in states being barred from prosecuting Donald Trump, his associates, or his family members in the event that they are pardoned at the federal level.

Shugerman --- who was one of more than 2,400 legal professors to sign on to a recent letter published by the New York Times calling on the Senate to reject Kavanaugh's nomination due to his lack of appropriate judicial temperament --- explains why he believes the Gamble case poses no threat to state prosecutions of Trump and/or his associates, nor to Special Counsel Robert Mueller's investigation and prosecution of Team Trump.

He also explains today why he signed the public letter opposing Kavanaugh, how it now may affect lawyers who signed it when arguing cases before Justice Kavanaugh, why he believes the GOP has been in such a hurry to seat Kavanaugh, and the "completely unprecedented" public opposition to him by former Supreme Court Justice John Paul Stevens.

Shugerman also describes some of his major concerns for the Court once Kavanaugh is finally in place: how Chief Justice John Roberts is going to be forced to deal with it. "How is he going to manage this explosive controversy and the unprofessional conduct, the injudicious conduct, of Judge Kavanaugh? How will he restore consensus to this Court? How will he manage Judge Kavanaugh, given that he should have reason to fear that Judge Kavanaugh cannot be balanced, and won't be perceived to be balanced when he's on the Court?"

Finally today, some listener mail regarding more voter registration problems via the vote.org service (we recommend registering either in-person or via your Sec. of State or County website, rather than via third-party app, is possible); the first reports of 100% unverifiable touchscreen vote-flipping in the general election (in the very close U.S. Senate race in Missouri between Democratic Sen. Claire McCaskill and her GOP challenger Josh Hawley); and Willie Nelson's new song, Vote 'em Out!, debuted for the first time at last weekend's 55,000-person rally in Texas, in support of Democratic Congressman Beto O'Rourke's surging campaign against Lone Star State Republican Sen. Ted Cruz...

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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(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)




Also: Enthusiasm for midterms high in BOTH parties, TX voter registrations in limbo, young voter turnout may prove decisive...
By Brad Friedman on 10/4/2018 6:25pm PT  

On today's BradCast, what else? The FBI's sham "investigation" of Kavanaugh and news of great note regarding the November midterm elections. [Audio link to show follows below.]

The FBI's supplemental background report on U.S. Supreme Court nominee Brett Kavanaugh was released on Thursday morning. Just one copy was made available to U.S. Senators only. It received much criticism from Senate Democrats and much approval from Senate Republicans who couldn't even have possibly read it by the time they were lauding it. The release comes on the heels of the National Council of Churches calling for Kavanaugh's nomination to be withdrawn "immediately", and more than 2,400 law professors (and counting) signing onto a statement seeking the same. Nonetheless, even before the "White House Whitewash" of a report was even released, Republicans scheduled a final floor vote on the confirmation of the most partisan, dishonest nominee the nation has likely ever seen.

Even 98-year old retired Justice John Paul Stevens, appointed by Republican President Gerald Ford and who lauded Kavanaugh in a 2014 book, announced he is now opposing his confirmation following his angry and partisan testimony last week in the Senate Judiciary Committee in response to multiple sexual assault allegations. Justice Steven suggested --- as the churches and law professors did --- that Kavanaugh has proven he lacks the appropriate judicial temperament for a lifetime appointment on the U.S. Supreme Court.

But, even with hundreds of anti-Kavanaugh protesters descending on the Senate today, the only thing that ultimately matters will be the votes of five undecided U.S. Senators. One of them, Democratic Sen. Heidi Heitkamp, who faces a tight re-election contest in Trump-leaning North Dakota in November, announced on Thursday she is a "No" on Kavanaugh. The others, Jeff Flake (R-AZ), Susan Collins (R-ME), Lisa Murkowski (R-AK) and Joe Manchin (D-WV) have yet to commit, though Flake and Collins said on Thursday they found the FBI investigation --- which failed to interview dozens of witnesses, including Kavanaugh himself and his first accuser Dr. Christine Blasey Ford --- to offer no new corroboration to the allegations against the nominee. Collins says she found it to be "very thorough". Manchin, who, according to polling, is comfortably ahead of his Republican opponent this November --- even in state Trump won by 42 points in 2016 --- is reportedly "leaning 'Yes'" on Kavanaugh.

If all Dems vote against and just two Republicans join them, the confirmation will be killed. The first procedural vote, to invoke cloture and move to the final vote, is scheduled for tomorrow.

In the meantime, the divisive issue has helped fuel enthusiasm for the crucial November midterms by both Democrats and Republicans, according to new polling, which also finds younger voters far less likely to vote this year, sadly. The Democrats' hoped-for "blue wave" may rest on turnout of young voters, and may not be quite as certain as many believe, particularly with obstacles preventing voters from registering (the deadline for doing so comes up this weekend in many key states), from voting and from having votes verifiably counted as cast.

While last week's National Voter Registration Day was an unexpected success, thousands of citizens who registered to vote in Texas via the non-profit Vote.org will not be added to the rolls, according to a new report. That could be troubling news for a number of races in the Lone Star state, not the least of which is the contest between GOP Senator Ted Cruz and his surging Democratic challenger Beto O'Rourke.

Finally today, Desi Doyen joins us for the latest Green News Report, with news on Big Oil's big win in the new NAFTA, several Category 5 storms spinning at the same time in the Pacific, a new record low for Arctic sea ice, and the big news of Tesla's Big Battery which is a big hit for South Australia's power grid...

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Guests: AUDIT-USA's Emily Levy and attorney Chris Sautter; Also: Reports of FBI ignoring dozens of Kavanaugh witnesses persist, Trump mocks accuser, Americans can't wait to vote...
By Brad Friedman on 10/3/2018 6:56pm PT  

We work hard on today's BradCast to stay focused on the crucial upcoming elections, even as Brett Kavanaugh's cavalcade of shame continues in D.C. [Audio link to full show posted below.]

Senate Republicans intensified their push for a floor vote as soon as possible, even as reports persist that the FBI is either refusing or failing to interview dozens of witnesses in their supplemental background probe of Kavanaugh following sexual assault against the U.S. Supreme Court nominee. At the same time, former classmates and clerks of Kavanaugh are retracting previous support for him, and three key Republican Senators (Flake, Collins and Murkowski) gently rebuked Donald Trump on Wednesday for mocking Kavanaugh's first accuser, Dr. Christine Blasey Ford, at a campaign rally in Mississippi on Tuesday night.

Amidst that circus, it's no easy feat to stay focused on the crucial upcoming midterm elections. But we try. And so are an extraordinary number of Americans. Today we learn that last week, on National Voter Registration Day, more than 800,000 signed up to vote, stunning organizers and smashing the previous record of 771,000 who registered on National Voter Registration Day in 2016, before the Presidential election.

But, even with all of the apparent enthusiasm, will all of those new and previous voters be allowed to vote this year? If so, will their votes be counted, tallied accurately, and in a way that the public can know they have been tallied accurately? In recent days, corporate media --- right on schedule --- has suddenly begun to churn out articles questioning the accuracy and security of our wildly insecure and frequently inaccurate electronic voting and tabulation systems...once its largely too late to do much about any of it, just weeks before an election. (That, of course, is why we have been trying to do so year 'round over the past 15 years!)

The corporate election vendors who have been allowed to privatize our public elections with systems that have long ago (over a decade ago) been found to be easily hacked --- and which have failed in election after election --- continue to sell their flawed systems to officials and offer false claims about security to the public.

One of those companies, Election Systems & Software, LLC (ES&S), the nation's largest voting system vendor, has now threatened a lawsuit against a small, non-profit election transparency organization which has been fighting to encourage election officials to take advantage of a security setting available on newer models of paper ballot scanners made by ES&S and others. The group, AUDIT-USA, has been sent a cease and desist letter [PDF] by ES&S corporate attorneys objecting to the organization posting user manuals for their scanners that capture digital images of ballots when they are scanned. The group has been working to encourage states and counties to make sure those which use the newer systems have them set to retain all such ballot images so they can potentially be reviewed by the public after an election. That, in lieu of the public being allowed to examine paper ballots themselves in order to assure unverified computer-tabulated results are accurate.

We're joined today by long-time election integrity champion EMILY LEVY of AUDIT-USA and their long-time election attorney CHRIS SAUTTER of American University, to discuss the ES&S threat letter sent to the group last week, charging copyright infringement for making their instruction manuals available to the public. The letter, as we discuss, fails to even cite security concerns. Levy notes the irony in this case, given that AUDIT-USA is actually supporting the newer ES&S systems for their security feature that many election officials appear unaware of.

"What we've found from talking to election officials around the country is that a lot of them don't really understand the systems that they're using in their own counties," Levy tells me. "They don't understand why they need ballot images when they have the paper ballots. And they don't understand that, in order to preserve the ballot images, all they need to do is not change the settings that the machines come with. The default settings on the machines are to preserve the ballot images, and it's only by having someone --- whether a vendor working for them or elections officials themselves --- changing those settings that the ballot images get destroyed.

"So we want people to understand both the importance of the ballot images and preserving them --- that it's legally required to preserve them, just as it is to preserve all election materials. And that's it's not a difficult thing to do."

Sautter argues the information in question, as posted to their website, is in the public interest and, therefore, falls under the Fair Use Doctrine. "Cease and desist letters like the one that ES&S sent AUDIT-USA are a common form of intimidation," he says. "These companies have a lot of money, and sometimes they figure, well, we can overpower them, we'll file this lawsuit and we'll try to break this little non-profit in attorneys fees and we'll set an example."

As we also discuss, threats of lawsuits by voting system vendors against voting system experts and computer scientists have been going on for years (here's The BRAD BLOG exclusive from 2008 that I cite on the show), even as tax payers continue dolling out billions of dollars to these shameless and irresponsible private companies...

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Guest: Journalist David Dayen on new NAFTA, CA's new Net Neutrality law (and DoJ lawsuit), Amazon's new minimum wage; Also: Senate Repubs hope to force vote, bury FBI probe on U.S. Supreme Court nominee...
By Brad Friedman on 10/2/2018 6:27pm PT  

On today's BradCast, the FBI investigation into multiple allegations of sexual assault and belligerent drunken behavior by U.S. Supreme Court nominee Brett Kavanaugh continues, as Republicans in the U.S. Senate prepare to force a vote on his confirmation before Senators, much less the public, get a full look at the information gathered by the brief and limited probe. As that shameful illustration of a process broken by Republicans for the nation's highest court plays out, a number of other noteworthy news stories slip through the cracks just over one month before the crucial 2018 midterm elections. [Audio link to full show follows below.]

On Sunday, California's Governor signed a Net Neutrality bill into law, meant to replace the Obama-era consumer protection that was gutted by the Trump Administration's Federal Communications Commission (FCC). Hours later, Trump's Dept. of Justice sued the Golden State to prevent the new law from taking effect. So much for the GOP's pretend love of "states rights".

On Monday, Trump announced "a brand new deal to terminate and replace NAFTA" [the North American Free Trade Agreement] with a "totally" new deal between the U.S., Canada and Mexico as "the biggest trade deal in United States History." Even though it is NAFTA 2.0, it will now be called, if adopted by the U.S. Congress (a big "if", as our guest explains today), the United States Mexico Canada Agreement, or USMCA.

And, on Tuesday, Amazon founder and CEO Jeff Bezos announced the company will be increasing their minimum wage for all workers, both permanent and seasonal, to $15/hour beginning next month, after years of attacks by critics for low wages paid by the world's second most valuable company.

We're joined by financial journalist and author DAVID DAYEN to discuss all three of those news items, whether they are a "Big Deal or No Big Deal?", and how the news may or may not affect the upcoming November elections.

On Amazon's increased wages, Dayen tells me it is "only going to bid the price of labor up. So that is a good thing." He also explains why it is "a political success for Bernie Sanders and this idea that you need to put pressure on these huge, monopolistic companies in order the get them to do right by their workers." But, he also warns, "there's an escape valve here for Amazon."

The new NAFTA includes an end to what Dayen calls the "corporate shakedown regime" in NAFTA's "horrendous" extrajudicial process for settling trade disputes between corporations and countries. That's a "huge deal" he says, which could help set a template to vastly improve other trade deals as well, and potentially increase wages for workers. But he also explains why unions are, nonetheless, not yet all in for the deal and notes that it can only be approved by the next Congress --- which will likely be far more Democratic than the current one --- if labor buys in.

On DoJ's challenge to California's own Net Neutrality law, Dayen explains, the Administration may have little choice but to try and block it, even as Republicans --- when it comes to states other than California, anyway --- argue states should decide what's best for their own residents. In the Golden State, however, "if you give net neutrality protections, if you allow the state of California to pass them, then that's going to migrate," he says. "There's a genuine concern that these regulations --- which of course were in place at the federal level and were taken out by FCC Chair Ajit Pai and the conservatives on the FCC --- would almost, by default, come back if this were allowed to stand. ... All that work they did at the FCC could be for naught."

Finally, we're joined by Desi Doyen with our latest Green News Report, with record rainfall numbers from Hurricane Florence (and the giant mosquitoes which have arrived in its wake), the Trump Administration's use of catastrophic climate change data to justify a deadly rollback of Obama-era fuel efficiency standards, and the French President calling for the nations of the world to reject trade deals with any country who is not a party to the Paris Climate Agreement (that would include only the U.S., which has announced its intention of pulling out of the landmark pact as soon as allowable --- the first day after the Presidential election in 2020)...

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Guest: Attorney, journalist Jessica Mason Pieklo of Rewire.News; Also: More good news for Democrats in KS and in the U.S. House...
By Brad Friedman on 10/1/2018 6:35pm PT  

On today's BradCast, the Brett Kavanaugh circus continued over the weekend and into Monday, as the U.S. Supreme Court nominee now faces an expanded investigation by the FBI into multiple sexual assault allegations and --- depending on the breadth of that probe, which is up to the White House and/or Senate Republicans --- into his excessive drinking in high school and college. But it's his lies about it all today, not thirty years ago which are of the most note. [Audio link to show follows below.]

A number of Kavanaugh's fellow classmates have come forward in recent days to call him out for lying to Congress during his angry rebuttal testimony last Thursday in response to accuser Dr. Christine Blasey Ford before the Senate Judiciary Committee. Those classmates report they have had trouble reaching the FBI to share their thoughts and observations. At the same time, the scope of the background probe is being questioned by Democrats, with conflicting reports about whether a witness list will be limited to a handful of people said to have been present during an alleged attempted rape by Kavanaugh and his friend Mark Judge in 1982, and the charge by accuser Deborah Ramirez that Kavanaugh exposed himself to her during a drunken party at Yale.

All of that follows Sen. Jeff Flake's (R-AZ)'s dramatic request for a "limited" FBI probe as he voted in favor of Kavanaugh's nomination in the Senate Judiciary Committee on Friday. In a 60 Minutes interview on Sunday, Flake claimed that if Trump's SCOTUS nominee is shown to have lied to the Committee, his nomination would be over. But Kavanaugh demonstrably lied multiple times already in both his initial testimony and his emotional response to Ford on Thursday. We detail just a few of the small but unmistakable lies --- which were non-partisan, non-political, and non-ideological --- that the longtime GOP operative turned federal judge offered to the Committee last week regarding his high school yearbook page on which he used slang references to several sex acts, his own excessive use of alcohol, and then lied about all of them, under oath (a felony), to the U.S. Senate.

We're joined today by former litigator turned journalist and podcast host JESSICA MASON PIEKLO of Rewire.News, to discuss what we know --- and don't --- about the FBI probe, who they should talk to if it is to be a legitimate investigation, and the "window into Judge Kavanaugh's judicial temperament" revealed on Thursday before being all too happily ignored by the bulk of GOP Senators.

"You might remember during the Sonia Sotomayor confirmation hearings," she reminds us, "Sen. Lindsey Graham, for example, spent a lot of time on Justice Sotomayor's temperament and writings she had done about her experience growing up as a Latina, and what that brought to her judging." Graham doesn't seem to care all that much of such concerns anymore, it seems.

"So, while we have some really serious and, in some cases, salacious allegations against Judge Kavanaugh, the confirmation hearing isn't a criminal trial. This is about probing his temperament for the bench. And federal judicial standards say that you have to have a judicial temperament that includes no evidence of excessive partisanship, for example," Pielko, who Tweets as "Hegemommy", observes. "We have a whole list of things that, so far, indicate he does not have the temperament to sit on the Supreme Court, let alone retain his seat on the D.C. Court of Appeals, frankly."

"We have allegations against Judge Kavanaugh, and evidence that suggests that he misled Senate Judiciary Committee members under oath, if not outright lied. And that, in itself, is disqualifying," she tells me, while detailing how the FBI's investigation could also help to exonerate Kavanaugh. "Their job is to get as much information from both sides of these allegations. It's actually an extension of the 'advice and consent' and disclosure processes that is supposed to happen in the routine course of nominations."

We also discuss what may happen to the information gathered by the FBI after its handed over to the White House and whether the Senate, much less the public, will ever be allowed to see it. And, we talk about what may happen --- and how Democrats should move forward hereafter --- once Kavanaugh is either rejected or confirmed for a lifetime seat on the U.S. Supreme Court.

Finally, some new polling is out showing that Kansas' Secretary of State and infamous GOP "voter fraud" fraudster Kris Kobach could be in trouble in his bid to become Governor against Democrat Laura Kelly (and independent Greg Orman), and there are still more new signs that Republicans are heading into triage mode to try and save their U.S. House majority from a possible "blue wave" in the November midterm elections...

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Guest-host Angie Coiro's audio documentation of a harrowing day in the U.S. Senate as Jeff Flake confronts history; Also: Counseling for assault survivors in wake of hearings with guest Dr. Lashanda Nalls...
By Angie Coiro on 9/28/2018 5:29pm PT  

On today's BradCast, I'm your guest host --- Angie Coiro, of In Deep with Angie Coiro. Brad and Des have one more day on the road!

Special note to anyone in our audience who's suffered trauma hearing about or watching the Kavanaugh hearings: the last segment of today's show is for you. My guest is DR. LASHANDA NALLS, Director of Trauma Therapy at Our Resilience in Chicago. Empathy and advice from the front lines, for both survivors and anyone in their loving circle. If you want to skip the rest and go right to that segment of the show, it's 45 minutes and 53 seconds into the show. And my most fervent wishes for your well-being.

Jeff Flake will go down in history as a split-the-difference kinda guy. It was his "neither this nor that" stance at the end of today's hearing that might well spell the end for SCOTUS nominee Brett Kavanaugh. I refer in today's show to an image on the New York Times story - a screen capture of a video by Erin Schaff. A man with much on his mind.

Flake voted yes, but not until he threw a wrench in the works: he wants an FBI investigation over the next week. It was utterly unclear even to his colleagues whether that was a motion or not - I've got the audio in the show for you - but it started the dominoes falling. Lisa Murkowski joined him in his stance. Mark Judge, the sole alleged witness to the assault on Ford, agreed to cooperate with the FBI. Finally, Donald Trump followed suit.

So was Flake's conscience sparked by Ford's story, or the other allegations, or the protesters --- more sexual assault victims --- who followed him to an elevator and made him listen? Or did he reach sudden clarity on what this episode will look like to future generations, and decide he'd better straddle that line but quick?

It doesn't matter, ultimately. The dominoes are down.

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Guest-host Angie Coiro with Jodi Jacobson on Dr. Christine Blasey Ford 'on trial' and Brett Kavanaugh's Senate Judiciary Committee rebuttal; Also: The Kochs, and immigrants choosing between deportation and hunger...
By Angie Coiro on 9/27/2018 6:52pm PT  

On today's BradCast, I’m your guest host --- Angie Coiro, of In Deep with Angie Coiro --- while Brad and Desi are on the road.

I’m glad to have JODI JACOBSON on hand, from Rewire.News. Like me --- and like you, maybe --- she watched the whole Brett Kavanaugh circus today, and shares her impressions with us. She’ll be back again tomorrow.

Speaking of Rewire, this story posted there late today is deeply affecting. Watching Dr. Christine Blasey Ford’s life get shredded, five Congresswomen spoke up to publicly identify themselves as victims of sexual assault or domestic violence. Rep. Alma Adams of North Carolina said so very simply that this is "just part of her job representing her constituents."

This hour I present to you the contrasting statements of the accuser and the accused. A tentative but strong, conciliatory and polite woman (asked about taking a break, she replied "Does that work for you? I’m used to being collegial."), and an angry, bellowing, interruptive, hostile nominee for a lifetime position on the U.S. Supreme Court. As Brian Behar tweeted: "Can you imagine what the reaction would've been if Dr. Ford had behaved even half as hysterically as Brett Kavanaugh or Lindsey Graham?"

Speaking of Twitter: you’re welcome to view my analysis of Brett Kavanaugh’s tell-tale face. I tweeted that thread before he took his seat at the hearing; then, every time I glanced at his face, it only confirmed for me his wrath at having his power, privilege, and entitlement questioned in the slightest. I guarantee you: countless women have seen that face in the worst of all possible circumstances, and you never forget it.

Until tomorrow, then...

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Sworn declaration accuses Kavanaugh of 'gang rapes'; Witnesses support Blasey Ford charge; Good news for PA student voters, FL, TX, AZ Dems...
By Brad Friedman on 9/26/2018 6:45pm PT  

What does it say about the state of the nation when reporting on sworn allegations against a U.S. Supreme Court nominee may be NSFW? Safe for work or otherwise, we have that along with much more encouraging news on today's BradCast. [Audio link to show is posted below.]

First up, a report, for context, from Washington Post in 1990 about the alcohol and sex-fueled house party culture of several elite private high schools in Maryland, including the ones attended by both U.S. Supreme Court nominee Brett Kavanaugh and at least one of his accusers.

Then, four sworn declarations were filed with the U.S. Senate Judiciary Committee, under penalty of perjury, on Wednesday, by the attorneys for Dr. Christine Blasey Ford, on behalf of witnesses who say they were told years ago by Ford about her allegation of the attempted rape by Kavanaugh and his friend Mark Judge during one such high school house party. Each witness describes how Ford informed them about what she says happened, long before Donald Trump selected Kavanaugh as his SCOTUS nominee. (It's also worth noting that Ford's letter to her U.S. House Representative about the incident was also reportedly sent prior to Kavanaugh actually being named to fill the seat vacated by Justice Anthony Kennedy.)

Incredibly, none of those were the most startling declaration filed with the Committee under penalty of perjury on Wednesday by a long shot. Julie Swetnick, a long time federal agency employee with active and inactive Secret and Public Trust security clearances, filed a jaw-dropping affidavit detailing her years of knowing Kavanaugh and his close friend Mark Judge during high school in Maryland. In the declarations she says she attended many house parties at which the pair were present during those years, and charges that Kavanaugh "drank excessively" and would become abusive and physically aggressive toward girls whom he and Judge would "target" after spiking punch at the parties "with drugs and/or grain alcohol."

Most disturbingly, however, she describes her "firm recollection" of seeing both men lining up to participate in "gang rapes" of the incapacitated girls, and says that she became one of them in 1982. Swetnick attests that "shortly after the incident" she "shared what transpired with at least two other people" and is "aware of other witnesses that can attest to the truthfulness" of her statements.

Still, even with this third named accuser of alleged sexual crimes and misconduct in high school and college by Kavanaugh, the President of the United States refuses to order an FBI investigation into any of the charges, and Republicans on the Judiciary Committee intend, as of now, to move forward with Thursday's hearing with testimony only from Kavanaugh and Ford (but none of the many other witnesses or accusers). They say they plan to vote on his nomination in Committee the following day. A full Senate floor vote --- according to Donald Trump at a presser at the UN today, in which he described the allegations as part of a "big, fat con job" by Democrats --- could happen as early as this weekend, with the Court set to begin their new term on Monday.

Following those horrors today, we look toward the November midterms for at least some hope. A new poll by AP and MTV finds young voters, for some reason, citing increasing anxiety about the election. We also cover the widespread national effort to make voting easier for students on college campuses, and the effort by Republicans to prevent that. Happily, we can report an encouraging ending this week to one long fight to make it easier for students at a college near Philadelphia to participate in their own democracy.

Finally, we take a look at some mostly encouraging new polling for Democrats in U.S. Senate (and Gubernatorial) races in Florida, Texas and Arizona...

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Guest: Media critic Eric Boehlert; Also: National Voter Registration Day!...
By Brad Friedman on 9/25/2018 6:35pm PT  

On today's BradCast: It's National Voter Registration Day as the crucial midterm general elections on November 6th are now exactly 6 weeks away. Other than that, today's news may be somewhat less encouraging --- though we, and the world, manage to have a bit of a laugh at Donald Trump's expense, in the bargain. [Audio link to show follows below.]

First up: Happy National Voter Registration Day! Do you need to register to vote before November 6th? Have you checked your registration lately to make sure it's accurate? Today is a great day to do so!

Today is also a great day, apparently, for the world to laugh at the President of the United States, as they literally did at the United Nations General Assembly on Tuesday. Not with Donald Trump, but at him, during his address to the Assembly.

While there, during a joint media avail with the President of Colombia, Trump also took the time to attack the two named women who have accused his U.S. Supreme Court nominee, Brett Kavanaugh, of sexual assault during high school and his first year at Yale. Trump also dismissed the allegations as little more than "a con game being played by the Democrats." That, even as new information continues to buttress the allegations by the women and as the calls grow louder (even from Mormon women) for a full, legitimate investigation of their charges, which the White House and Republicans refuse to ask the FBI for (and which even potential Kavanaugh swing vote Lisa Murkowski (R-AK) now says she'd like to see.)

Meanwhile, Kavanaugh, a longtime GOP operative who claimed during his initial Senate confirmation hearings just weeks weeks ago that "the Supreme Court must never be viewed as a partisan institution", took to the right-wing Fox 'News' air waves on Monday night for a softball interview with his wife, in hopes of defending himself against the growing allegations. He and his first accuser, Dr. Christine Blasey Ford, are scheduled to give testimony before the U.S. Senate Judiciary Committee on Thursday. In advance, the all-white, all-male Republicans on the Committee have announced they are hiring a woman to ask questions of Ford on their behalf, though they won't identify her. They have also now scheduled a committee vote on Kavanaugh's nomination the very next day, on Friday.

At the same time on Thursday, Trump is scheduled to meet at the White House with Deputy Attorney General Rod Rosenstein, the Republican who oversees the Robert Mueller Special Counsel probe into the alleged conspiracy between Team Trump and Russia. The meeting, at which many expect Rosenstein will be fired, follows a misleading exclusive report published by the New York Times charging Rosenstein had suggested secretly taping Trump and recruiting White House staffers to invoke the 25th Amendment early last year. As subsequent reporting by other outlets reveals, however, Rosenstein was reportedly being sarcastic with his comments, according to people who were actually at the meeting in question. Nonetheless, we are still barreling toward a potential Constitutional Crisis as early as Thursday, thanks in no small part to the pretext for firing Rosenstein --- and perhaps Mueller, shortly thereafter --- äs provided by the Times' reporting.

We're joined today by former Media Matters media critic, author and political writer ERIC BOEHLERT of ShareBlue to discuss both of these stories and where they may be headed, as well as for some insight into what the hell is wrong with the New York Times.

On the Supreme Court, Boehlert says, among many things of note today: "With Merrick Garland, and with Kavanaugh, the Republican Party in 18 months is this close to demolishing the legitimacy of the United States Supreme Court. That has huge implications, not just for law and justice, but for an authoritarian like Trump. Because corrupting the high courts is always a goal of any authoritarian, just like de-legitimizing the free press."

As to his analysis of the "institutional problems" at the Times, you'll have to tune in for details, but he notes: "There does seem to be a pattern. When they get things wrong, they get things wrong in a way that helps Republicans."

Finally today, Desi Doyen joins us for our latest Green News Report, as the impacts of Hurricane Florence continue in the Carolinas two weeks after landfall, including new evacuations, more record flooding, the toxic release of coal ash into North Carolina waters, and the media failure to connect the climate change dots to all of it. She also offers a bit of good news for us today, for a change, out of Cleveland, OH! So there's that!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 9/25/2018 11:07am PT  

IN TODAY'S RADIO REPORT: The impacts of Hurricane Florence ain't over yet, with new evacuations underway; As predicted, Florence flooding spills toxic coal ash waste in North Carolina; National TV media failed to connect the dots between Florence's impacts and climate change; PLUS: Endangered species and more hang in the balance as Republicans rush to get their nominee onto the U.S. Supreme Court... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Kavanaugh confirmation fight is also about the future of economic and environmental regulations; At this rate, Earth risks sea level rise of 20 to 30 feet, historical analysis shows; Hurricane Florence blows hole in Trump team's case for helping coal and nuclear power; ARPA-e seeks an energy holy grail: long-term energy storage; Super Typhoon Trami explodes in strength on its way toward Taiwan; Will Florence force a hog waste reckoning in N.C.?; Donald Trump called himself an environmentalist; Federal judge restores grizzly protections, canceling bear hunt; National parks are getting hotter and drier. What’s the outlook for 2100?... PLUS: The fracking industry's water nightmare is coming true... and much, MUCH more! ...

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




Guest: Legal reporter Mark Joseph Stern of Slate...
By Brad Friedman on 9/24/2018 6:35pm PT  

Today's BradCast was perhaps best characterized by TV writer Jordon Nardino who tweeted on Sunday night: "Next week has been exhausting." [Audio link to show is posted below.]

Monday provided a bit of a fire drill for the upcoming Constitutional Crisis, when it looked like Deputy Attorney General Rod Rosenstein, who oversees Robert Mueller's Special Counsel investigation into Team Trump's alleged conspiracy with Russia in 2016, appeared to be about to be either fired or forced to resign. That moment, for now, will likely not happen now until Thursday, when he is set to meet with Donald Trump at the White House after the President's appearance this week at the U.N. General Assembly.

The showdown with Rosenstein comes on the heels of what appears to be a somewhat misleading exclusive published last Friday by the New York Times, reporting that Rosenstein "suggested" using the 25th Amendment to remove Trump from office during a meeting at the Department of Justice last year, in the chaotic days after Trump fired FBI Director James Comey in his attempt to end the FBI's Trump/Russia investigation. Rosenstein, according to follow-up reports from other outlets quoting a source said to have actually been in the room at the time of the conversation in question, is said to have been sarcastic when mentioning wearing a wire to record the President.

Also coming up this Thursday, if all goes as currently scheduled, Dr. Christine Blasey Ford is set to testify before the U.S. Senate Judiciary Committee after a weekend of negotiations with Senate Republicans following her accusation of sexual assault by U.S. Supreme Court nominee Brett Kavanaugh when they were both in high school. Over the weekend, and into Monday, several other allegations of assault (we're up to four now) by Kavanaugh in high school and college, vague or otherwise, have begun to surface.

We're joined today by Slate's Supreme Court and legal reporter MARK JOSEPH STERN to try to make sense of all of these quickly developing stories. In the Rosenstein saga, Stern details his concerns about Trump's Solicitor General Noel Francisco, who would be next in the line of succession to become Acting Attorney General overseeing the Mueller probe if Rosenstein is removed from his post. He describes Francisco as a huge Trump supporter, who has simply made up stuff out of whole cloth, even while arguing before the U.S. Supreme Court. Stern explains why Francisco would be very likely to try and shut down the Special Counsel probe if given the opportunity.

"He is an extremely unscrupulous, unethical and dishonest man," he tells me. "To let this guy, who would lie whenever it's convenient for him, control this investigation --- it's a recipe for disaster."

We also discuss why Republicans are in a desperate state of panic to install Kavanaugh as quickly as possible on their already-stolen SCOTUS. Among the reasons cited by Stern are both the odds of Republicans losing their majority in the Senate this November and a number of cases important to Rightwingers that are to be heard by the Supremes when they begin their new term on October 1. A 4-4 tie in several of those cases would be likely to benefit progressives.

"They've got to squeeze it all in while they still have that one-vote majority" in the Senate, he explains. "Now they just have to cross this final finish line, shove these accusers to the side and get this man on the bench for life."

Stern also responds to the claims by many on the right who suggest Kavanaugh should not be held accountable for his behavior as a 17-year old. That assertion, however, is at odds with how courts deal with crimes by 17-year olds who aren't nominated for lifetime appoints to the Supreme Court.

Stern, who happens to be a licensed attorney in the state of Maryland, also speaks to the weekend claim by Sen. Lindsey Graham (R-SC) that the crimes alleged to have been carried out by Kavanaugh in MD 36 years ago could no longer be prosecuted. Stern argues that is not true and local law enforcement officials in the state seem to concur.

Finally, as Rosenstein appears to be targeted for removal, as early as this week, we share a new song by Ben Folds, recently published by Washington Post Magazine, inspired by a derisive name Trump is said to use when referring to the Deputy Attorney General: Mr. Peepers - The Ballad of Rod Rosenstein...

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

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