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Latest Featured Reports | Tuesday, September 18, 2018
'Green News Report' 9/18/18
  w/ Brad & Desi
Florence wreaks havoc, death in 4 states; Strongest storm of year (so far) slams Philippines, Hong Kong; PLUS: Aftermath of Boston-area natural gas pipeline explosions...
Previous GNRs: 9/13/18 - 9/11/18 - Archives...
I Believe You, Christine:
'BradCast' 9/17/18
Guest host Angie Coiro with special guest Chris Hedges on his new book. And some thoughts on the sexual assault allegation against U.S. Supreme Court nominee Brett Kavanaugh...
Sunday Gale Force Toons
There are more storms and responses to them than we can possibly keep track of over this past week -- and in PDiddie's latest weekly toon collection...
Progressive Wins, Losses in NY End Primaries That Redefined Dems: 'BradCast' 9/14/18
Guest: David Dayen; Also: Florence flooding, nuke threat; Manafort guilty plea; MA NatGas explosions; 10 years after the crash...
'Disaster's at the Doorstep': 'BradCast' 9/13/18
RI primary results; Registration probs in NY; Deadly Florence rolls ashore; Olivia threatens HI dam; Trump becomes a Maria death toll denier; Fires explode in MA homes...
'Green News Report' 9/13/18
  w/ Brad & Desi
Florence impacts could be felt for weeks; 10 million also threatened by Super Typhoon Mangkhut; Trump releases methane; PLUS: U.N. chief warns climate at tipping point...
Previous GNRs: 9/11/18 - 9/6/18 - Archives...
Fueling Florence (and, Now, Eight Other Major Storms): 'BradCast' 9/12/18
Guest: Weather Channel vet meteorologist Guy 'Climate Guy' Walton; Also: NH Primary results, big turnout...
Former Sen. Judiciary Attny Wants Kavanaugh Impeached: 'BradCast' 9/11/18
Guest: Leahy's former Chief Counsel, Lisa Graves; Also: 'Monster' Florence; GOPer arrested for fraud & Kobach to remain on KS ballot; CA takes lead on climate change...
'Green News Report' 9/11/18
Florence takes aim at Carolinas; Olivia heads to HI; Brand new pipeline explodes in PA; PLUS: CA blazes new path of climate change action...
Hurricanes Florence, Olivia...and Donald:
'BradCast' 9/10/18
Deadly storms -- political and otherwise -- on every front; Calls from listeners; And bona fide good news in CA!...
Sunday Anonymous Toons
The "resistance" is coming from inside the (White)house, as 'PDiddie' details in his latest weekly toon collection...
Unsettling Truths on 'Settled Law', Kava-naugh and Roe v. Wade: 'BradCast' 9/7/18
Guest: Amanda Marcotte; Also: DE results, KS election fraud, FL ordered to comply with VRA, Obama returns...
'Uncharted. Unprecedented. The Process Has Broken Down': 'BradCast' 9/6/18
Chaos continues at Kavanaugh hearings; 'Total meltdown' at WH after NYT op-ed; TX dirty tricks; VA election fraud; MI court bans straight-ticket voting; Our 900th 'GNR'!...
'Green News Report' 9/6/18
OUR 900TH EPISODE! Kavanaugh on SCOTUS spells big trouble for environment and climate action; PLUS: Extreme weather slams Japan, Gulf Coast, Wisconsin...
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: Author, columnist, political scientist David Faris on all of that and on 'packing' the U.S. Supreme Court once Dems return to power...
By Brad Friedman on 9/5/2018 6:44pm PT  

On today's BradCast: A stunning political upset in MA's primary on Tuesday, the Kavanaugh hearings continue, and a senior Trump Administration official drops an anonymous late day bombshell in the New York Times. [Audio link to full show follows below.]

First up today, primary election results out of Massachusetts, including the stunning, double-digit defeat of 10-term Democratic U.S. Rep. Michael Capuano by progressive challenger Ayanna Pressley. With no Republicans running in the state's 7th Congressional District this November, Pressley is set to become the first African-American woman to represent MA in the U.S. House.

Then, Judge Brett Kavanaugh dodges many questions as "hypothetical" --- including on whether a sitting President must respond to a subpoena and whether the Constitutional allows one to pardon to themselves-- from Democrats in the U.S. Senate Judiciary Committee on the second day of confirmation hearings for Donald Trump's nominee to fill the U.S. Supreme Court seat of retired Justice Anthony Kennedy. Kavanaugh also stumbled a bit when seemingly taken by surprise by a line of questioning from Sen. Patrick Leahy (D-VT) regarding about his knowledge of stolen emails from the Democratic Senator's office during the mid-2000s when, as a GOP operative, Kavanaugh was helping to shepherd George W. Bush nominees through Senate hearings. Leahy indicated that a number of emails still being protected as "committee confidential" for no legitimate reason, demonstrate Kavanaugh was aware of the ill-gotten information and lied about it during Senate testimony some years ago.

"There's a reason that Republicans don't want all of these documents released," argues my guest today, Roosevelt University political scientist DAVID FARIS, columnist at The Week and author of the recently published book It's Time to Fight Dirty: How Democrats Can Build a Lasting Majority in American Politics. He joins us to discuss all of the above, including his thoughts on the Democrats' strategy to oppose Kavanaugh's nomination and to continue his call, first published in his book this Spring, for Democrats, once they eventually regain control of the White House and both chambers of Congress, to "pack" the U.S. Supreme Court with enough new seats to create a Democratic majority to replace the one stolen from them by Republicans in 2016.

"We're still living in the dream palace of the previous normative order," he tells me. "And there's a lot of Senate Democrats who are clinging to the fantasy that if they adhere to Senate norms, then at some point in the future, we will return to what they see as regular order."

Faris discusses how Democrats might have fought harder or more effectively against Kavanaugh's nomination, while conceding they are most likely powerless to block his seating. "I think what's being revealed over the past two days is that they are stuck with a much worse nominee, with much greater baggage, than anyone understood," he says, before adding: "I wish I could say those revelations would be enough to have a couple of Republican senators vote against him, but I've really, over the last couple of years, just lost faith that there are even two people, two Republicans, in the US Senate who are willing to take a political hit to do the right thing."

He is optimistic, however, in describing what he sees as an incredible "generational transformation" of the Democratic Party over the past year or so, highlighted by the rise of more progressive, diverse and younger candidates vying for office, and details what he feels Democrats should do after the November midterms if they are able to regain control of one or both houses of Congress.

Finally today, just before we go off air, stunning breaking news of the anonymous op-ed by "a senior official in the Trump administration" published in the New York Times late on Wednesday. The remarkable column from a self-described member of a "quiet resistance within the administration" charges that Trump is unmoored from reality, that top officials must work to counter his "impulsive," "half-baked," "ill-informed and occasionally reckless decisions" in order "contain" the worst and most dangerous of them. The author also asserts that cabinet officials had, at one time, considered "invoking the 25th Amendment" to remove the Trump from office given "the instability many witnessed", but decided against it in order to avoid "a constitutional crisis". Wow.

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

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Guest-host Angie Coiro w/ 'Gaius Publius' (Thomas Neuburger); Also: Keeping the arts alive in the era of Trump, w/ David Gans, Meredith Hagedorn, Ronit Widmann-Levy...
By Angie Coiro on 8/17/2018 6:12pm PT  

Today's BradCast is guest hosted by me, Angie Coiro, host of In Deep with Angie Coiro.

The Toddler-in-Chief gives us all more fodder than we can stand for a news review: telling Vietnam vets they can’t tell the difference between napalm and Agent Orange; doubling down on pulling security clearances, because anyone dared challenge his authority to do so (those puny blowhards in the military and from the CIA!); and blaming everyone but himself for the skyrocketing price tag of his vanity parade. He showed us! He'll go to Paris and look at their parade, and buy himself some new fighter jets.

Then it's 'GAIUS PUBLIUS' - or rather, THOMAS NEUBURGER, who’s now publishing his commentaries under his real name. You may know his prolific work at Down with Tyranny. He's asked some provocative questions about unions vs. liberals, and how the Democrats fit into that picture. Just as we were speaking, word came down about Trump threatening to pull Bruce Ohr's security clearance. He had some choice words about that, too.

Finally: how arts groups and independent performers are navigating the dual challenge of diminishing funding and politically divided audiences. DAVID GANS is an itinerant independent musician; MEREDITH HAGEDORN founded the small, eclectic Dragon Theatre in a Silicon Valley suburb; and RONIT WIDMANN-LEVY is Director of Arts and Culture at the Oshman Family JCC , a multiple-venue events space. They all face different hurdles keeping their art vibrant.

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!




Recognizing the 'gravity and importance' of right to an accurate count, court directs parties in lawsuit to focus on 'practical realities' of converting to hand-marked paper ballot system within 3 months...
UPDATE: Court schedules hearing for Sept. 17; rejects defense motions to dismiss...
By Ernest A. Canning on 8/13/2018 10:46am PT  

Plaintiffs in a Georgia lawsuit seeking to force the state to move to a hand-marked paper ballot system in time for this year's midterm elections, promise to produce expert testimony to the court, demonstrating that "Georgia's voting system is a catastrophically open invitation to malicious actors intent on disrupting our democracy."

The Coalition for Good Governance and a group of multi-partisan individual plaintiffs filed a motion [PDF] on July 31, seeking a preliminary injunction in the federal case, to prevent Georgia from conducting this year's midterms on the state's notorious Diebold AccuVote TS (touchscreen) Direct Recording Electronic (DRE) voting machines. Instead, plaintiffs seek an order that Georgia's election officials utilize, for in-person voting, the same already-certified, Diebold paper ballot-based optical-scan system currently used for tabulation of the Peach State's absentee ballots.

Last week, U.S. District Court Judge Amy Totenberg ordered an expedited briefing schedule on plaintiffs' motion to compel the State of Georgia to adopt this simple method for conducting a verifiable paper ballot election on November 6, 2018.

The plaintiffs cite a massive body of scientific evidence finding the 100% unverifiable Diebold touchscreen systems as essentially electronic black holes, prone to unintended systemic failures and vulnerable to all manner of undetectable malicious manipulation by insiders or anyone else who acquires minimal access to the system or any of its machines. They also point to evidence that the statewide system was previously compromised via the Internet. Plaintiffs argue the 16-year old system deprives the electorate of their constitutional right not only to cast a vote but to have their vote accurately counted.

Recognizing "the gravity and importance of the constitutional issues," the court directed the parties (principally GA Secretary of State Brian Kemp, the state's GOP nominee for governor), as well as the plaintiffs to address "the practical realities surrounding implementation of the requested relief in the next one to three months." Judge Totenberg asks defendants to address the "practical realities" issue in a response by August 14. Plaintiffs' reply is then due by August 20.

The question before the court is monumental and could help set a precedent across the country in other jurisdictions where voters are forced to use unverifiable touchscreens on Election Day, rather than a paper ballot system that is already available via the absentee systems used in all 50 states.

As we documented last year, in "Why Do Georgia Election Officials Insist on 100% Unverifiable Elections?", if the court issues the preliminary injunction, November 6, 2018 would mark the first time in more than a decade and a half that the State of Georgia will have held an election in which it will be possible for human beings to verify or refute the accuracy of an electronic vote tally, thanks to the use of hand-marked paper ballots...

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




Guest: Columnist, broadcaster, former insurance exec Richard 'R.J.' Eskow on the Koch Bros' misleading study on 'Medicare-for-All' cost...
By Brad Friedman on 8/6/2018 6:30pm PT  

On today's BradCast, as the President of the United States continues his tweets and rally cries targeting the free press as "the Enemy of the People", we offer another stark reminder of the danger of those attacks. Then, another reminder of the inevitable move toward "Medicare-for-All" in the U.S. and the mighty forces pushing back against it. [Audio link to today's show is posted below.]

First up, early Sunday morning, just hours before another one of Donald Trump's tweets targeting the media as "purposely caus[ing] division and distrust", characterizing them as "dangerous and sick" and, yes, "the Enemy of the People", a masked gunman opened fired inside of WORT-FM 89.9FM, a long-time progressive radio station (and Pacifica Radio Network affiliate) in Madison, WI. Luckily, among the three hosts in the studio at the time, there was just one, non-life-threatening injury. But the gunman is still on the loose and the volunteers who work at the station are lucky to be alive today.

Of course, progressive radio outlets have long been targets of violence by right-wingers --- long before Trump --- and we don't yet know what the motive was for the attacker at WORT in Madison. But with more and more folks in the mainstream corporate media receiving death threats now as well, as CNN's Brian Stelter noted over the weekend, citing a right-wing columnist at the New York Times, "we are approaching a day when blood on the newsroom floor will be blood on the President's hands". That could already be the case in Madison, WI.

In any event, please consider this a reminder to support the progressive media outlets --- many of them community stations run by volunteers --- who enable you to hear The BradCast every day, in any way that you can!

Next up, a lawsuit was filed against the Trump Administration late last week, alleging that it has failed to honor the Constitution's "Take Care" clause, requiring the President "faithfully execute" the laws of the land". The complaint, filed by the cities of Columbus and Cincinnati, OH, along with Baltimore, MD and Chicago, IL, charges that the Administration is unlawfully undermining and attempting to "sabotage" the Affordable Care Act (or, ObamaCare).

That suit was filed by the four cities, even as many progressives continue to push for a single-payer, universal, "Medicare-for-All" style healthcare system like the one Sen. Bernie Sanders has long called for. With such a plan growing in popularity among both voters and leading Democrats alike, a Koch Brothers-funded think-tank last week came out with a report that they'd hoped would undermine the prospect of a government-run, single-payer insurance program available to all Americans.

The report, misleadingly headlined "'Medicare for All' Plan Would Cost Federal Government $32 Trillion", was picked up by many media outlets who failed to highlight the more salient fact that the $32 trillion cited is actually $2 trillion LESS than Americans already spend on healthcare, even as millions are still without insurance and tens of millions more --- even if they are covered --- are still without access to important items like vision and dental care.

We're joined today by former insurance industry executive turned progressive blogger, columnist and broadcaster RICHARD "R.J." ESKOW to discuss his Los Angeles Times op-ed last week rebutting the misinformation that Charles Blahuas of the right-wing, Koch-funded Mercatus Center attempted to hoax American with.

Eskow, who hosts The Zero Hour podcast and also worked on Sanders' 2016 Presidential campaign, explains how the type of system that the Vermont Senator and, now, many leading 2020 Democratic Presidential contenders are endorsing, would both save Americans money and provide better and more complete care to tens and perhaps hundreds of millions.

"What the Koch Brothers and people who work for them are trying to get us to do is to only think about what the government spends," he tells me, explaining the sleight-of-hand the report uses to make families think such a plan would cost them more money than they are paying already. In fact, he explains, the average family of four would actually save $13,000 a year in healthcare costs.

"This guy who wrote this report unintentionally shot himself in the foot," Eskow argues, "Because even though I believe he stacked the deck against Medicare-For-All by under-estimating the savings and over-estimating the costs, he still couldn't avoid the conclusion that it would save $2 trillion over 10 years. I think it could save more than that, while giving people much better coverage. But even by his standards, the conservative standards, the right-wingers' standards, he has to admit it saves money!"

"We've been brainwashed into thinking that paying a nickel in taxes is worse than paying a dollar to some exploitative health insurance company. I don't think you make that sale anymore. I think people are getting wise to the truth."

Eskow also offers his insight into the fear that some "centrist" establishment Democrats have about such a system, and whether progressive voters should continue to push the party to be more in step with its own voters, or whether those voters need to look elsewhere...

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-host Angie Coiro with Annie Laurie Gaylor and Dave Johnson...
By Angie Coiro on 7/30/2018 6:38pm PT  

On today's BradCast, you won't hear Brad or Desi --- because you'll be very busy hearing me. I'm the host of In Deep with Angie Coiro.

You may have been fooled for a second --- nah, you're too smart --- but casual observers might mistake Jeff Sessions' announcement of a new DOJ "Religious Liberty Task Force" as an effort to address genuine hate crimes, including attacks on Muslim Americans, Jewish Americans, and Sikh Americans. But of course not. He made it clear it’s about bakers afraid of serving LGBTQ customers, or taxpayers having to support icky women – that sort of thing. ANNIE LAURIE GAYLOR is co-president of the Freedom From Religion Foundation. She puts this latest news in the wider context of Trump’s pro-Christian pandering. While we're at it, we look at how bad for basic civil rights Brett Kavanaugh would be on the Supreme Court.

More news headlines, then DAVE JOHNSON of Seeing The Forest ponders how the concepts of markets, capitalism, and socialism get contorted by propaganda. Even respectable journalists fall victim...

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: BRAD BLOG legal analyst Ernest A. Canning; Also: Good news from the courts for voters in FL, IA; Bad news for GOP deficit hawks (if such a creature actually even exists)...
By Brad Friedman on 7/25/2018 6:42pm PT  

Donald Trump's grip on reality seems to be slipping more and more each day. Or, at least his interest in reality is slipping, if not his interest in deceiving his supporters and everyone around him about demonstrable reality. That sentiment was, perhaps, best summed up when, on Tuesday, the five-time draft dodger declared at the Veterans of Foreign Wars (VFW) annual convention in Kansas City: "What you're seeing and what you're reading is not what's happening." Got it?

Among the things that actually are happening, as covered on today's BradCast. [Audio link to show follows below]...

The Administration now (quietly) concedes they were wrong about last year's massive tax cuts for corporations and the wealthy paying for themselves through a rise in federal revenue. In the first half of 2018, we now know, corporate tax revenue plunged to its lowest level since such data was first tracked beginning in the 1940s. Thanks to slashed corporate tax rates, federal revenues are now lower than the then-historic plunge following the 2017 economic collapse. And, with that, deficits are now set to rise above $1 trillion annually for the foreseeable future. That, of course, is the exact opposite of what Trump, his White House and Congressional Republicans told Americans last year when pushing for their new tax rates and even worse than real economists at the time had predicted.

Then, after former CIA Director John Brennan declared Trump's "performance" at his joint press conference with Vladimir Putin in Helsinki last week was "nothing short of treasonous," the White House announced they were seeking to remove his security clearance, along with five other former top U.S. intelligence officials (two of whom no longer have such a clearance anyway) who have been critical of the President's behavior and statements regarding the investigation into Russia's alleged cyberattacks and other interference in the 2016 Presidential election.

The rank politicization of security clearances by a White House may be unprecedented and even one of many impeachable offenses by this President, but does his behavior regarding Russia really rise to "treason", as Brennan argued? BRAD BLOG legal analyst ERNEST A. CANNING joins us today to discuss his recent article on the Constitutional definition of "treason" (the only crime defined in the founding document and one that is punishable by death) and whether the charge could possibly apply to Trump, given that we are not --- at least officially --- "at war" with Russia.

Canning, while he's here, also details two very encouraging court rulings handed down in advance of the crucial 2018 midterm elections, one from a federal court in Florida yesterday, and the other from a state court in Iowa today --- both regarding GOP attempts to restrict early voting and other related issues. In Florida, as Canning explains, the judge described the state's GOP-run state Election Division's restrictions on creating early voting sites at state colleges and universities displayed "a stark pattern of discrimination" in violation of the U.S. Constitution's 26th Amendment. And, in Iowa, the court ruled the Republican state legislature's newly enacted law and GOP Sec. of State effort to promote it "substantially and directly interfere with Iowans' constitutional rights to vote."

Finally today, speaking of reality, on Tuesday the Kremlin made clear they had no intention of accepting Trump's invitation for Putin to come to Washington D.C. this fall for a second summit. That, despite Trump and his Press Secretary Sarah Huckabee Sanders previously declaring that plans were already being made for the meeting. Today, White House officials were finally forced to admit the meeting will not, in fact, take place, though the admission was misreported by some in the media as, naturally, the White House pretended it was their choice, not Russia's...

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!)




A compromised Russian asset, even if the President of the United States, cannot be guilty of treason unless we are 'at war' with Russia...
By Ernest A. Canning on 7/23/2018 10:47am PT  

Of all of the reactions to the July 16 joint press conference in Helsinki, Finland in which Russian President Vladimir Putin and U.S. President Donald Trump responded to reporters' questions, perhaps the harshest assessment came in a Tweet by former CIA Director John Brennan.

Trump's "performance", Brennan contended, "rises to & exceeds the threshold of 'high crimes & misdemeanors.' It was nothing short of treasonous."

Brennan may have been uniquely positioned to offer that assessment since he was amongst the intelligence officials, who, on Jan. 6, 2017, showed President-Elect Trump emails and texts between high-level members of Russia's military intelligence agency, the GRU, that purportedly establish that Putin had personally ordered the cyberattack on the 2016 election.

Various half-hearted walk-backs aside, Trump's continued refusal to accept that Putin personally ordered Russia's alleged cyberattacks on the 2016 election and denial that any such attacks might have even taken place, is at odds with (a) the bipartisan conclusions offered by the U.S. Senate Intelligence Committee; (c) an extraordinarily detailed, 37-page speaking indictment in February, setting forth how 13 Russians and 3 Russian companies allegedly carried out an illegal foreign influence campaign, and (d) the more recent, 29-page, July 13 indictment filed against 12 members of the GRU, laying out the dates and specific manner in which named individuals are said to have carried out cyberattacks on the DNC, Hillary Clinton's campaign chair and many others.

The July 13 indictment also details the manner in which Special Counsel investigators say emails --- purloined information --- from several of those attacks were weaponized for release during the campaign and that, for the first time, the GRU had targeted Clinton's "personal office" emails on the very same day that candidate Trump publicly called for Russia to find her "missing" emails during a July 27, 2016 campaign rally.

Ironically, as observed by MSNBC's Lawrence O'Donnell, Trump's decision to cast aside the unanimous conclusions of U.S. intelligence and law enforcement after the Helsinki summit was promptly followed by a "Perry Mason moment" when Putin was questioned by Reuters correspondent Jeff Mason at the joint press conference of the two Presidents:

Mason: "Did you want President Trump to win the election, and did you direct any of your officials to help him do that?"

Putin: "Yes, I did. Yes, I did."

Early-on, as we reported last February, after accepting an assignment to conduct a human-sourced intelligence investigation into Trump's ties to Russia, Christopher Steele, a former British MI-6 intelligence officer, informed Glenn Simpson of research firm Fusion GPS that he, Steele, had a professional responsibility to report his findings to the FBI. He explained his reasoning at the time. Steele believed he'd uncovered a "crime in progress" and that there was a chilling prospect that the man who might become the 45th President of the United States was and is a compromised Russian asset.

Hillary Clinton appeared to share Steele's concern. During a debate, she not only described Trump as "Putin's puppet," but also presciently added: "You encouraged espionage against our people, sign up for his wish list: break up NATO, do whatever he wants."

The very notion that a Commander-in-Chief could be a compromised foreign asset is so unprecedented that it is difficult to comprehend. Just think how history would have turned out if it had been George Washington instead of General Benedict Arnold who had committed treason.

Yet, the factors that suggest Trump is indeed compromised include, but are not limited to, (a) the retention of Michael Flynn for 18 days after Acting AG Sally Yates warned the White House that the DOJ believed Flynn was a compromised Russia asset, firing him only after Flynn was publicly exposed by the Washington Post; (b) the disclosure of highly classified information to Russia's ambassador during an Oval Office meeting; (c) the continuing refusal to impose Congressionally enacted sanctions against Russia --- a refusal that violates the President's duty to see that the laws are faithfully executed --- and (d) Trump's performance at and after the Helsinki Summit.

If Trump is, indeed, a compromised Russian asset, it would represent a monstrous betrayal, a clear and present danger to the national security of the United States and grounds for his removal from office. But, as Brad Friedman correctly observed during a July 16 BradCast, the question as to whether that betrayal amounts to "treason" entails a difficult, unsettled and far murkier legal issue as to whether the U.S. and Russia are at war...

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




Guest: Slate legal reporter Mark Joseph Stern on Judge Brett Kavanaugh, the Constitutional rights he is likely to help overturn, and his background as a Federalist Society-trained party 'apparatchik'...
By Brad Friedman on 7/10/2018 5:41pm PT  

Democrats, abortion rights activists, environmentalists and civil libertarians, among others, are beginning to marshal their forces in opposition to Donald Trump's pick to replace Justice Anthony Kennedy on the U.S. Supreme Court. But that fight will be an uphill battle with unapologetic Senate Republicans who blocked President Obama's pick for the court for nearly a year, now promising a vote before this November's midterms while they still enjoy the slimmest of majorities in the U.S. Senate.

On today's BradCast [audio file to show linked below], we look at the legal history and political background of Trump's nominee for the post, Judge Brett Kavanaugh of the U.S. Court of Appeals for the DC Circuit. We're joined for that conversation by Slate's great legal reporter MARK JOSEPH STERN, who has been covering all things SCOTUS for us of late.

Stern counters, among other things, Trump's assertion during his Monday night announcement that Kavanaugh is a "thought leader" and "brilliant jurist". He details how the 53-year old federal appeals court judge uses cookie-cutter legal phrases to describe his "judicial philosophy", as crafted for him by the right-wing Federalist Society and Heritage Foundation. Those phrases --- "A judge must be independent and must interpret the law, not make the law. A judge must interpret statutes as written. And a judge must interpret the Constitution as written." --- betray his years of dedication not to individual liberties or laws or the Constitution, but in service to the cause of GOP politics.

"He's doing what Neil Gorsuch did," Stern tells me, "which is to spew out these lines which sound good, if you're not very attuned to legal argot. But what they really mean is 'I'm going to do whatever the hell I want, and I'm going to ascribe this pretextual, orginalist, textualist gleam to it in order to make it seem like I'm maintaining my independence and not just doing favors for Republicans.'"

Stern cites, as evidence, a number of Kavanaugh's rulings on the DC Circuit Court, his service on the Ken Starr commission in the 1990s (which led to the impeachment of President Bill Clinton), and his years as loyal White House legal counsel during the George W. Bush Administration. "He is a party man. Brett Kavanaugh is a Republican. He has been a Republican foot soldier in virtually every major Republican legal battle of modern times. He has served that role in his capacity as a judge on the DC Circuit to a 'T'."

We discuss Kavanaugh's road-map for overturning Roe v. Wade's nationwide Constitutional right to an abortion, as he laid out himself in his 2017 opinions attempting to block a lawful abortion sought by a 17-year old undocumented immigrant detained by the Trump Administration. But abortion is hardly the only hard-won right that will be, almost immediately, imperiled if Democrats are unable to block Kavanaugh's confirmation to what will become a very hard right-wing Court with his seating. Key environmental rulings are likely to be overturned, Stern argues, as well as those regarding voting rights, privacy rights, and many others.

Stern also explains why he remains very dubious, at best, that either Maine's Republican Senator Susan Collins or Alaska's Lisa Murkowski will break from their party to vote against Trump's nominee (Collins, he explains, is "not widely known for having a spine" and Murkowski, so far, has shown little sign of having one either) and why, if confirmed, Kavanaugh could decide to blow up years of precedent by refusing to recuse himself from SCOTUS appeals to cases that he has previously heard as a member of the DC Circuit Court.

There is one --- and, really, only one --- thin thread of potentially encouraging news regarding Kavanaugh's nomination. That can be found in his 2009 law review article on whether sitting Presidents may be indicted or face other criminal and civil legal actions. Kavanaugh's written comments on the matter, as we discuss, may, in fact, serve to argue the opposite of what a number of his opponents have been (mis)reporting regarding those remarks. In fact, Kavanaugh's argument suggests a sitting President can, in fact, be indicted under both current law and the U.S. Constitution, for civil and criminal matters alike.

Finally today, we're joined by Desi Doyen for the latest Green News Report and much more related to it, including the early response from environmentalists on Trump's SCOTUS pick, how the recent record-smashing heatwaves we've seen from coast to coast over the past week could become much worse very soon, and how this year's hurricane season has already turned deadly from the Atlantic to the Pacific...

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Even if it means denying a Senate quorum and shutting it down entirely...
By Brad Friedman on 7/2/2018 6:20pm PT  

On today's BradCast: Incredibly enough, one newly nominated Democratic U.S. House candidate had to ask, out loud, on one of the weekend network news shows: "Are we fighting or not?" The question was in reference to whether Senate Democrats planned to do everything within their power to block a vote on Donald Trump's nominee for the U.S. Supreme Court. [Audio link to show follows below.]

That Democratic U.S. House nominee was progressive Alexandria Ocasio-Cortez, who unseated the 4th most powerful Democrat in the House just last week in New York's Democratic Primary election by a landslide. She was appearing on NBC's Meet the Press. It's simply stunning that the Democratic Party's response to the retirement of Justice Anthony Kennedy has been so flat-footed that it's still unclear today, almost a week later, whether Democrats are prepared to fight, all out, against a second Trump nominee for the Court who will be the decisive vote in overturning and reversing decades of hard-won rights on virtually every front.

Today, Democratic Senate minority leader Chuck Schumer called on Americans to pressure their Senators to block anybody nominated by Trump. The call, via a New York Times op-ed charging that "our rights hang in the balance", comes not a moment too soon and follows a lukewarm response from many Senate Dems (including Schumer) and a tepid commitment by (supposedly) pro-choice GOP Senator Susan Collins of Maine to vote against a Trump nominee who is "hostile" to settled law, such as Roe v. Wade.

It's still unclear whether all Democrats are onboard with blocking Trump's nominee, whether any Republicans will actually join them, and what Dems are willing to do in order to block such a vote entirely for a few months, until at least after this November's election where they could regain the majority. That, even after Senate Republicans blocked Obama's SCOTUS nominee for nearly a year before stealing a majority on the Court with Trump's nominee Neil Gorsuch.

We discuss the possibilities for Dems on today's show, along with what I describe as the necessity for Dems to walk out and deprive the Senate of a Constitutionally-required quorum and bring all business to a halt, if that what it takes to block Trump's nominee. That nominee, of course, would also immediately have a huge conflict of interest in ruling on a President who nominated him or her, even as he was the subject of a serious criminal investigation by a Special Counsel into an alleged conspiracy against the United States and unlawful obstruction of that investigation.

Remarkably, there are still many "Very Smart People" in the media and Democratic politics who seem to feel that the fight is already lost, and that Dems should somehow keep their powder dry until after the crucial midterm elections or else risk losing their chances of winning back one or both houses of Congress this November.

That is nonsense. This is the fight of all of our lives, at this point. Political calculations like that are both outrageous and counter-productive for Democrats for several of the reasons I detail today. If Democrats can't take a stand on this, they should get out of politics all together. They may or may not win the fight, but that's nowhere close to the point.

We open the phone lines today to all of that and more, as both elected Democrats --- and even many of those calling into the show today --- seem to have a very difficult time staying focused on what actually matters at this crucial moment in history and what is at stake for the country itself in the midst of our ongoing Trump/GOP-fueled National Emergency...

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Guest: Common Cause Nat'l Redistricting Manager Dan Vicuna; Also: Scheme to add Medicaid work requirements in KY struck down, and Trump's trade wars are now costing real American jobs...
By Brad Friedman on 6/29/2018 6:35pm PT  

On today's BradCast: With Justice Anthony Kennedy retiring from the U.S. Supreme Court, is all hope lost for overturning partisan (and racial) gerrymanders that have helped to keep Democrats and their voters from enjoying appropriate and Constitutional representation at both the state and federal level?

But, before that today: What appears to be good news from a U.S. District Court striking down the Trump Administration's approval of Kentucky's cruel new work requirement for Medicaid recipients as "arbitrary and capricious", may not end up being quite as good news as it sounds. We explain why.

Next: Trump's tariffs and trade wars are beginning to cost jobs in the U.S., and the first jobs losses are to Trump supporters in Missouri. The next victims could be those who work in the U.S. automobile industry. Of course, all of this could be stopped in its tracks but, apparently, the Republicans who control both houses of Congress have no interest in putting the brakes on this out of control and dangerous Presidency.

Then: The final two weeks of the U.S. Supreme Court's term have been disappointing ones for many, including opponents of both partisan and racial gerrymandering. Federal courts in multiple states had determined that Republican-controlled states (and one Democratic one) had unlawfully and unconstitutionally created U.S. House and state legislative maps that impermissibly prevented voters from being appropriately represented in Congress and state legislatures.

Over the past two weeks, however, the U.S. Supreme Court reversed a lower court ruling that had struck down several racial gerrymanders in Texas, and they also punted three different partisan gerrymandering cases, in Wisconsin, Maryland and North Carolina, back to the lower courts for rehearing. Perhaps the most disappointing such case was Common Cause v. Rucho in the closely divided swing-state of North Carolina, where a federal appeals court found a clear case of partisan gerrymandering and ordered the entire U.S. House map to be redrawn in time for the 2018 midterms.

In that case, the Republicans who drew the map admitted they did so in order to give the GOP a 10 to 3 partisan advantage in U.S. House seats, despite state voters narrowly supporting Obama in 2008, Trump in 2016, and with Democrats winning statewide elections for Governor and Attorney General that same year.

And all of those SCOTUS punts came just before Justice Anthony Kennedy, who gerrymandering opponents had hoped would finally be the swing vote to end the practice of partisan redistricting once and for all, announced his retirement instead.

We're joined today by Common Cause's National Redistricting Manager DAN VICUNA to explain the outcomes and current status of those cases in TX, WI, MD and NC, and how opponents of gerrymandering plan to move ahead now that Kennedy --- their greatest hope for ending the practice nationally, once and for all --- will no longer be on the Court when those cases ultimately return.

"Mind you," Vicuna points out, regarding the thumbs up, for now, that SCOTUS gave to NC to continue using their current partisan gerrymanders in 2018, "the reason why they redrew these maps in 2016, late in a Census redistricting cycle, is because their original map was struck down as an illegal racial gerrymander."

Finally, speaking of the extremist Republican legislature in NC, lawmakers there on Friday approved a statewide initiative for the 2018 ballot, on a partyline vote, that would, if supported voters, amend the state constitution to require Photo ID voting restrictions at the polling place. That, after a law they had passed to do the same thing was struck down in 2016 by the 4th U.S. Circuit Court of Appeals because it was found to have targeted African-American voters "with almost surgical precision"...

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

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P.S. Tables are turned on me, a bit, in a new podcast from the great Terrence McNally, long time progressive broadcaster and podcaster, in which he interviews me on all manner of things, from how The BRAD BLOG got started in the first place about 15 years ago, to what we need to do to climb out of the soup this country is now in as we barrel toward the 2018 mid-terms. McNally is a great interviewer, and the discussion, I think you'll find, is quite a lively and fun one --- particularly given the dark hours we're now in! It airs this weekend, but you can listen to it now right here...

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Guest: Legal reporter Mark Joseph Stern on 'Korematsu 2.0' and how the GOP's theft of the Supreme Court has finally paid off big time...
By Brad Friedman on 6/26/2018 6:27pm PT  

On today's BradCast: The U.S. Supreme Court seat stolen by Senate Majority Leader Mitch McConnell and his Senate Republicans --- who carried out the unprecedented blockade of President Obama's SCOTUS nominee Merrick Garland for almost a year following the death of Antonin Scalia --- paid off in spades today in two separate 5 to 4 decisions which should forever have an asterisk next to them in the history books. [Audio link to today's show is posted below.]

First up today, however, primary elections are being held in seven states on Tuesday in New York, Maryland, Utah, Colorado and Oklahoma, with primary runoffs in Mississippi and South Carolina. We'll have noteworthy results and problem reports on tomorrow's BradCast, though we already know of one huge problem in Baltimore. (No, it's not a mere "glitch" or "snafu", Baltimore Sun. It is a failure...at the very least!) On Monday night, it was revealed that Maryland failed to include updated voter registration information for some 80,0000 voters who made changes to their party affiliation or residential addresses since April of 2017. The announcement was made by the state late on the evening before Tuesday's elections, in which those voters were forced to vote on provisional ballots at the polls. Those ballots will be included in the results, but won't be tallied until next week.

Then, we're joined again today by Slate's great legal reporter MARK JOSEPH STERN to discuss both of the U.S. Supreme Court's grim rulings today on Trump's Muslim travel ban and on so-called "crisis pregnancy centers", as well as several decisions from Monday --- all of which, Stern correctly points out, would almost certainly have seen the opposite outcome under Garland instead of Justice Neil Gorsuch who has been the "decisive 5th vote" in each of the cases. "Every single one of the decision that we're talking about right now would have come out differently if Justice Merrick Garland were sitting on the Supreme Court right now instead of Justice Neil Gorsuch. We would have an end to partisan gerrymandering, an end to racial gerrymandering, an end to voter suppression, an end to crisis pregnancy centers' efforts to be lawless and not have to comply with basic medical licensing. The travel ban would be struck down. It's almost brutal to think about how all of these cases would turn out if the man who should be on the Court were on the Court."

Stern details Chief Justice John Roberts' 5 to 4 majority opinion in the travel ban case, in which the Court overturned multiple lower courts to uphold Trump's third attempt at banning immigrants and travelers from several majority Muslim countries. As dissenter Justice Sonia Sotomayor also does, Stern compares the ruling to the notoriously shameful 1944 Supreme Court decision in Korematsu v. U.S., which allowed Japanese-Americans to be forced into internment camps during WWII. Today's ruling is being described as "shameful", “hateful" and "racist" by immigration advocates and religious groups alike. Stern calls the decision --- in which Roberts largely dismisses Trump's oft-repeated statements revealing his personal animus towards Muslims --- as "Korematsu 2.0"

"This Court is not as disturbed and disgusted by Trump's approach to immigration as I think a majority of Americans are," he tells me. "This is a Court that's eager to bless the President's moves in the realm of national security, and to basically believe his pretext, even when it's flagrantly B.S"

Sotomayor argues in her dissent: "By blindly accepting the Government's misguided invitation to sanction a discriminatory policy motivated by animosity toward a disfavored group, all in the name of a superficial claim of national security, the Court redeploys the same dangerous logic underlying Korematsu and merely replaces one gravely wrong decision with another."

Stern also details Justice Clarence Thomas' 5 to 4 majority opinion which, under a pretext of First Amendment free speech rights, strikes down California's restrictions on anti-abortionist scam artists posing as phony medical clinics to hoax pregnant women into not receiving abortions. Thomas, charges Stern, "wrote an astonishingly broad decision that effectively says the government has no power to regulate professional speech, no power to regulate medical speech, or doctors' speech, except when they are telling abortion patients not to get abortions." In all, he says, describing how the Court is also targeting voting rights by reversing multiple lower courts in recent rulings, they are "on a kind of tear right now, overturning court after court" and/or using any "flimsy reason to send a case back down" for rehearing.

Yes, elections matter, if you haven't noticed. In the case of the 2016 election, the result will now haunt the U.S. for generations.

Finally today, we're joined by Desi Doyen with the latest Green News Report on the climate changed-fueled flooding in Iowa that resulted in an oil train derailment and hundreds of thousands of gallons of dirty tar sands crude spilled into the drinking water supplies, and other such cheerful news to close out today's program...

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Also: SCOTUS undermines electoral democracy again, this time in TX and NC, and callers ring in on Trump, Dems and our immigration 'crisis'...
By Brad Friedman on 6/25/2018 5:58pm PT  

As the GOP's stolen U.S. Supreme Court further undermined American democracy today...and as climate change-fueled extreme weather resulted in a tar sands oil train derailing and leaking hundreds of thousands of gallons of crude into the drinking water supply for Iowa (and perhaps even Nebraska)....and as the President of the United States lied about immigration facts again while calling for the violation of both U.S. and international law by ending all Constitutional Due Process rights for those seeking asylum in the U.S....many of the always-reliable hand-wringers in the corporate mainstream media and the same Rightwingers who went all the way to the U.S. Supreme Court to support a bigoted baker who refused to bake a cake for a gay couple, are just beside themselves that some Administration officials are facing public protests for their abhorrent complicity in undermining so much that the U.S. supposedly stands for.

We detail all of that on today's BradCast, and open up the phones to listeners on all of it, including calls on whether it's appropriate (and/or long overdue) to protest/shun public officials in their private lives (at restaurants, etc.); what really needs to be done regarding immigration (lots of fact-checking today to Trump's continuing lies about it), and whether, as student protester Mario Savio said, when kicking off the Free Speech Movement at Berkeley in 1964, this is a "a time when the operation of the machine becomes so odious, makes you so sick at heart, that you can't take part! You can't even passively take part! And you've got to put your bodies upon the gears and upon the wheels...upon the levers, upon all the apparatus, and you've got to make it stop! And you've got to indicate to the people who run it, to the people who own it, that unless you're free, the machine will be prevented from working at all!"...

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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...

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Guest: Trial attorney Sophia Lin Lakin of ACLU's Voting Rights Project; Also: Trump's border 'crisis' worsens for Republicans...
By Brad Friedman on 6/19/2018 6:37pm PT  

On today's BradCast: GOPers in D.C. try to overcome Trump's wildly unpopular new border policy and Kansas' Secretary of State loses again in court and faces what may be his most humiliating moment to date. But that's very good news for voters! [Audio link to program is posted below.]

First up, the panic for Republicans on Capitol Hill continued to mount on Tuesday as GOP lawmakers scrambled to find a legislative way out of the family separation crisis created by Donald Trump at the southern border, where more than 2,300 children have now been separated from their parents since his "zero tolerance" policy was first implemented just two months ago. Also today, the Administration announced their intention to pull the U.S. out of the U.N. Human Rights Council the day after its outgoing head blasted the United State's new border policy as "unconscionable" for "inflicting such abuse on children". We discuss the latest on all of the above.

Then, after a quick recap of the 8-year ignominious history of Kansas Sec. of State Kris Kobach's inglorious tenure as the nation's top elected GOP "voter fraud" fraudster, we're joined by attorney SOPHIA LIN LAKIN of the ACLU's Voting Rights Project, to discuss Kobach's latest brutal humiliation. In a victory for the state's voters on Monday, U.S. District Judge Julie Robinson (a George W. Bush appointee), struck down Kobach's extreme "Proof of Citizenship" voter registration law, finding it in violation of the National Voter Registration Act and the Constitution.

The KS Sec. of State has repeatedly defended the law in court, and has been defeated in virtually every battle over it for years, since persuading the state legislature to adopt the measure. But Robinson's ruling on Monday permanently enjoins the law, which had kept tens of thousands of legitimate state registrants in various forms of electoral limbo as Kobach continued to insist their was a massive (if, apparently invisible) epidemic of non-citizen voters jeopardizing the integrity of KS elections.

Kobach, who originally ran for office in 2010 almost solely on the false and misleading promise to "STOP VOTER FRAUD" in Kansas, has failed to find virtually any such fraud during his eight years in office. As Lakin, a member of the ACLU's trial team explains today, during the trial earlier this year, wherein Kobach chose to represented himself and his state, he was unable to show evidence of almost any non-citizen registrations or votes cast in Kansas, despite millions of legal ballots cast during the same period.

"From 1999 to 2013," she tells me, "Kobach was able to present just 39 confirmed non-citizens who were able to successfully get on the rolls, and of those 39, only 11 voted." Most of the registrations, she explains --- as did the judge in her 118-page ruling [PDF] --- were due to administrative errors.

"The judge pretty much agreed that Kris Kobach has been peddling a xenophobic lie that non-citizens are engaging in rampant election fraud. And this was his chance. This court battle that we just had was his chance to put on the record his evidence that this is what was happening. The judge saw that evidence, and she agreed that there was very little evidence of non-citizen voting in Kansas --- certainly not enough to justify the tens of thousands of individuals that have been disenfranchised by that requirement."

"The judge very much wanted Kris Kobach to have his day in court, to put his evidence of non-citizen voting to the test, to see what he was able to actually muster," Lakin tells me. "We even re-opened discovery for the very purpose of him doing that. So, the proof is in the pudding here. He utterly failed."

Of course, Kobach has vowed to appeal the ruling, as he does. But, aside from the verdict's very good news for voters, there was another extraordinary aspect to Robinson's ruling on Monday. In what amounted to a third set of judicial sanctions against him during the long course of the 2016 case and this year's full bench trial, Judge Robinson admonished Kobach in a newly humiliating way. After previously sanctioning him to pay some $50,000 in ACLU legal bills, due to his contempt in having misled the court, Robinson ordered Kobach to attend 6 hours of law school to study up on federal and state courtroom procedures!

Lakin details how, during the trial, the judge repeatedly --- and embarrassingly --- was forced to explain basic rules of evidence and other standard courtroom procedures to Kobach.

"Judge Robinson essentially ordered Kobach to go back to school" in her ruling, she says, explaining that Kobach's performance in the courtroom and repeated reprimands from the judge were likely even worse than the clownshow that the media reported them as, at the time. When I asked how unusual these type of sanctions are against a trial lawyer, she says: "To be honest, I don't think I've ever seen so many sanction rulings against an attorney at all," much less one where they were ordered to attend legal classes.

And, as if that wasn't enough, the ACLU launched yet another lawsuit today against Kris Kobach, this time over his so-called "Crosscheck" system to help (inaccurately) purge voting rolls in some 26 states.

Finally, Desi Doyen joins us for the latest Green News Report, as Trump's tariffs against China blow back on the U.S. energy industry, his EPA's gutting of regulations threatens tens of thousands of lives, global warming is making hurricane damage far worse and housing prices fall, and as McDonald's finally plans to do away with single-use plastic straws...

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Guest: Author David Daley of FairVote; Plus callers!...
By Brad Friedman on 6/18/2018 6:24pm PT  

On today's BradCast: More disappointing (if not deadly) rulings on voting rights were released on Monday from the U.S. Supreme Court, and callers ring in on the growing outrage of the last few days, thanks to the parent/child separation of Donald Trump's "zero tolerance" policy at the border.

First up today, two long-awaited rulings from the U.S. Supreme Court on partisan gerrymandering were finally handed down on Monday. In both cases, as our guest today, FairVote's DAVID DALEY details, the Court decided to essentially punt the cases back down to lower courts.

Daley, author of RATF**KED: The True Story Behind the Secret Plan to Steal America's Democracy, which details the GOP scheme to implement extreme partisan redistricting following the 2010 census, explains that Wisconsin Republicans will be allowed to keep their wildly unfair state assembly districts for yet another election, and that, in Maryland, where Democrats admit to having gerrymandered a U.S. House district to their own advantage, that gerrymandered district will also stay in place, almost a full decade after being implemented. That, despite lower courts finding those districts to be unlawful and unconstitutional, and other pending cases --- such as the federal court which found all of the U.S. House districts in North Carolina to have been unlawfully gerrymandered by Republicans --- still on hold and awaiting a hearing at SCOTUS.

"That's what's so frustrating and sad about today," Daley tells me. "They had a buffet of statistical standards and evidence that all pointed in the same direction and that revealed exactly what had happened here, and, instead, they ducked." He explains the basis on which the Court punted in both cases and how "Republicans have essentially been able to run out the clock to steal, in some ways, the entire decade of power, especially in state legislatures around the country."

While the "silver lining" on this today is that the Court did not declare, as some had feared, that it was up to legislatures, not courts, to fix the problem that legislatures themselves created, Daley argues that this was a missed opportunity. The Court's swing-vote, Justice Anthony Kennedy, has long suggested he'd be open to finding partisan gerrymandering unconstitutional once and for all. But, once again, in both of today's cases, he ducked. That means --- should the 81-year old Justice (or any of the others) leave the Court before another case comes up to offer a definitive ruling --- things could become much worse, for generations, if Trump is allowed to appoint a replacement.

Then, as even some Republicans (a precious few) begin to finally turn against the Trump Administration's grotesque and inhumane new policy which separates children from their parents after they are detained crossing the southern border with Mexico --- resulting in thousands of kids being locked away in detention centers in just the past few weeks --- how long can Trump continue to falsely blame the Democrats for his own Dept. of Justice's new "zero tolerance" policy?

Trump and his department chiefs continue to double down on his false claim, despite the growing outrage from Americans after disturbing stories, pictures, and sounds of abuse continue to be reported out of these detention centers around the country, with media finally gaining very limited access to them.

We open the phone lines today to callers on all of those issues, as the chilling rise of Trump's GOP-approved authoritarianism in the U.S. continues to stun the nation and the world...

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

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