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Latest Featured Reports | Thursday, April 18, 2024
'Green News Report' 4/18/24
  w/ Brad & Desi
Deluge in Dubai; Climate impacts to cost trillions per year; New lightbulb efficiency standards; PLUS: Biden Admin cracks down on toxic silica dust to protect workers' lungs...
Previous GNRs: 4/16/24 - 4/11/24 - Archives...
SCOTUS Suddenly Worried About Overcriminalization ... for J6 Insurrectionists: 'BradCast' 4/17/24
Guest: LawDork's Chris Geidner; Also: GOP impeachment ends; Turnout doubles in AL...
'Trump Media' Plummeting, MAGA Buyers Losing Life Savings: 'BradCast' 4/16/24
Also: Trump's ridiculous 'immunity'; 7 jurors seated in NY criminal trial; Repubs deliver impeachment to Senate; Smartmatic, OAN settle 2020 defamation suit...
'Green News Report' 4/16/24
  w/ Brad & Desi
Record ocean heat bleaching corals worldwide; EV charging roads in Indiana; Biden raising drilling, mining royalties for first time in a century; PLUS: A marine mystery in Florida...
Previous GNRs: 4/11/24 - 4/9/24 - Archives...
Trump's First Criminal Trial, for Cheating in 2016, Begins in NY: 'BradCast' 4/15/24
Special coverage of an historic day with Heather Digby Parton of Salon, attorney Keith Barber of Daily Kos...
Sunday 'Party Like It's 1864' Toons
THIS WEEK: Bad politics, good toonery and at least one wake-up call, in our latest collection of the week's best toons!...
Biden Closes 'Gun Show Loophole'; Repubs Turn Desperate: 'BradCast' 4/11/24
RNC Chair says Ukraine our enemy; GA Lt. Guv faces probe; Fox hides AZ abortion ruling, Hannity blames Dems; WI Justice to retire...
'Green News Report' 4/11/24
  w/ Brad & Desi
10th hottest month ever in a row; Swiss climate inaction violates human rights; PLUS: EPA crack down on airborne chemical plant pollution, 'forever chemicals' in drinking water...
Previous GNRs: 4/9/24 - 4/4/24 - Archives...
'Pink Slime': Fake 'Local News' Sites Proliferating in Advance of Election: 'BradCast' 4/10/24
Guest: Alex Mahadevan; Also: Trump CFO back to jail; GOP chaos, panic after AZ's 1864 abortion ban restored...
Dirty Tricks and the Dirtiest Candidate Of All Time: 'BradCast' 4/9/24
A CA three-way!; Polls shift toward Biden; RW scam artists pay the price; Trump rejected again in NY criminal case, facing trouble for phony $175M bond in NY civil case...
'Green News Report' 4/9/24
Big hurricane season coming; Colorado River used mostly for cattle; Good news for CA snowpack, for now; PLUS: Disney's Tomorrowland says goodbye to Yesterdayville...
'Titanic Law' Reform Just Tip of Iceberg in Quest for Key Bridge Accountability: 'BradCast' 4/8/24
Guest: Helen Santoro; Also: Media echo Trump abortion lies; Biden's new debt relief for 30M...
Sunday 'Dark Days Indeed' Toons
FEATURING: The Eclipse! Disinformation! 'Victimless' Crimes! And much more in our latest collection of the week's darkest toons...
Trump's Very Bad Day in Court(s), Other Good (& Less Good) News: 'BradCast' 4/4
No Labels out; Soft sentence for vote fraudster; WI reconsiders drop-boxes; NE nixes Elctrl College change; Biden v. Israel; Sanders, Biden tout drug price success...
'Green News Report' 4/4/24
Hunger crisis amid drought in Africa; Biden invests billions to decarbonize manufacturing; Melting ice is bending time; America's first commercial-scale offshore wind farm...
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...


Also: Is Biden playing 3-D chess with Repubs on the Debt Ceiling?...
By Brad Friedman on 5/25/2023 6:55pm PT  

The only good day in court this week for rightwing extremist yutzes was at the U.S. Supreme Court today, unfortunately. Other than that, as detailed on today's BradCast, it's not going well for them. [Audio link to full show follows this summary.]

Among the many stories of note covered on today's program...

  • Last year, the corrupted, far-right, activist extremists on the U.S. Supreme Court tossed out precedent and ignored the text of federal law to gut the EPA's ability to regulate carbon pollution under the Clean Air Act. Today, those same corrupted yutzes gutted the EPA's ability to regulate pollution of our wetlands under the Clean Water Act. Once again legislating from the bench, Justice Sam Alito was even opposed on this matter by Justice Brett Kavanaugh who accused the majority of rewriting federal law and undermining the original intent of Congress.
  • 58-year old Oath Keepers founder, one-time BradCast guest, convicted seditionist and rightwing extremist yutz who shot his own eye out back in 1993, Stewart Rhodes was sentenced to 18 years in federal prison on Thursday for the terrorist attack he helped organize on the U.S. Capitol on January 6, 2021. It was the longest sentence to date for the Trump insurrectionists who failed in their attempt to overthrow the government in order to steal the 2020 Presidential election.
  • This week, Richard "Bigo" Barnett, the 63-year old rightwing extremist yutz who made himself infamous among the 1/6 insurrectionists by posing for photos with his feet up on a desk in the office of then-Speaker Nancy Pelosi (carrying a "stun device" and a 10-pound steel pole he brought with him from Arkansas), was sentenced to 4 and a half years in federal prison. Sad!
  • Former TV news anchor, Trump Mini-Me Wannabee election denier and rightwing extremist yutz Kari Lake lost yet again in Arizona court this week, in what was her last chance to prove that the 2022 election for Governor was somehow stolen from her by Republican officials in Maricopa County (Phoenix). She not only lost again, but lost hilariously and is now, along with her attorneys, facing potential sanctions for their "heinous and profoundly harmful" claims that the 2022 election was "rigged", according to County attorneys citing Lake's multiple false claims, both before and during the latest trial, about the election she lost to Democratic Gov. Katie Hobbs by about 17,000 votes last year.
  • House Speaker Kevin McCarthy and his merry band of rightwing extremist yutzes in the U.S. House continue to hold the global economy hostage with their demands for massive cuts to popular social safety net programs in exchange for voting to raise the dumb debt ceiling. We've spent many shows in recent weeks discussing their dangerous threats, and the several ways that President Biden could fairly easily avoid a catastrophic, first-ever default by the U.S. Government without acceding to their threats.

    So why hasn't he taken advantage of those options, such as his ability to invoke the section of the 14th Amendment which declares "The validity of the public debt of the United States, authorized by law...shall not be questioned"? What explains Biden's various inscrutable responses when asked by reporters of late about using the 14th? And why has the Administration been hedging in their response to a lawsuit from a union of government employees suing them to invoke the 14th?

    Well, MSNBC's Lawrence O'Donnell offered a sort of grand unification theory this week that could explain all of that. Matching up his theory --- which posits that Biden and his lead negotiator, Steve Richetti, are up to some serious Dark Brandon 3-D chess --- with the various public reporting available to those of us outside of the negotiating room, would actually explain some of the inexplicable comments from Biden and, frankly, his willingness to negotiate on the debt ceiling with Republicans at all after months of the Administration saying they refused to do so.

    O'Donnell concedes his theory is little more than a well-educated guess, based on his personal knowledge of Biden and Richetti from his time as a U.S. Senate staffer some years ago. But, if he is right, and if Biden can pull all of this off, it would avoid not one, but two upcoming fiscal cliffs at the same time, both the Debt Ceiling and the budget negotiations later this year which Republicans would otherwise almost certainly use to shut down the government as they have in years past in advance of next year's elections. O'Donnell's theory could even include ending the ability for rightwing Congressional yutzes to use the Debt Ceiling law as a hostage taking device ever again in the future.

    I realize that's a lot of "ifs", but, yes, all of that is actually a possibility based on all of the reporting on the matter so far, including late updates today from both Reuters and New York Times. It's all explained in detail on today's show.

  • Finally, Desi Doyen joins us for our latest Green News Report, with grim news on global heating and the rightwing extremist yutzes both causing it and refusing to do anything about it...

* * * SHOW NOTE: We're taking a very much-needed break over Memorial Day week from both the The BradCast and Green News Report. So it may be quieter than usual around here over the next week. Please forgive us, and we'll see ya shortly thereafter!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Former federal prosecutor Randall D. Eliason; Also: How DeSantis robbed freedoms and weaponized Big Government 'cancel culture' in FL...
By Brad Friedman on 5/24/2023 6:47pm PT  

After more than twenty years of rolling back corruption and bribery statutes, is it any wonder, as our guest on today's BradCast observed in his latest op-ed, that the U.S. Supreme Court is now "blind to its own corruption"?

BUT FIRST, Florida Governor Ron DeSantis is announcing his 2024 Presidential run today, and corporate media outlets are focusing on his horse race with the disgraced former President. We mark the day, however, by focusing on several of the latest victims of DeSantis' Big Government weaponization against people of color and the LGBTQ+ community. That, by a guy whose 2022 re-election slogan in Florida was, laughably, "Freedom Lives Here".

DeSantis deserves credit for leading the way for other, similarly gerrymandered and GOP-controlled states which have begun to adopt many of the same, hateful, Big Government "cancel culture" statutes that, in Florida, have resulted in banned books, muzzled teachers, lost rights, vile threats against those who support freedom and travel warnings issued for those visiting the Sunshine State.

Today, the effort is playing out in terroristic threats against Target employees; an investigation of a Florida grade school teacher for showing an animated Disney film to her class; and the removal of The Hill We Climb --- a poem by Amanda Gorman which she read at Joe Biden's 2021 inauguration --- from a grade school library. That's just a sampling of some of the latest victims of DeSantis' cruel agenda during his tenure as Governor.

As California's Democratic Gov. Gavin Newsom tweeted in response to Target's removal of items from its Pride Month collection under threats from the MAGA right, "Wake up America. This doesn’t stop here. You’re black? You’re Asian? You’re Jewish? You’re a woman? You’re next."

THEN, it's back to the seemingly never-ending, decades-long corruption of U.S. Supreme Court Justice Clarence Thomas and some similar, recently revealed corruption by Justice Neil Gorsuch and even Chief Justice John Roberts who, by and large, refuses to do anything about any of it.

There's an explanation for that, argues RANDALL D. ELIASON, George Washington University Law School professor and former chief of the fraud and public corruption section at the U.S. Attorney’s Office in D.C.

"Over more than two decades, the Supreme Court has gutted laws aimed at fighting corruption and at limiting the ability of the powerful to enrich public officials in a position to advance their interests. As a result, today wealthy individuals and corporations may buy political access and influence with little fear of legal consequences, either for them or for the beneficiaries of their largess," Eliason argued in a New York Times op-ed over the weekend, adding: "No wonder Justice Thomas apparently thought his behavior was no big deal."

Today, Eliason tells me, "the Court itself has contributed to a legal environment over the last twenty years, where, at least as far as the Court is concerned, many of the things that are going on are not, in fact, corrupt, because they've taken this extremely narrow view of what corruption is." Essentially, he explains, cases such as Citizens United v. FEC; United States v. Sun-Diamond Growers; Skilling v. U.S.; and McDonnell v. U.S. have all greatly narrowed the definition of corruption to largely nothing less than a very specific quid pro quo bribe where a politician promises a very specific official act in exchange for payment.

That means, as some on the Court may now see it, long-term relationships where a GOP megadonor like Harlan Crow has sponsored hundreds of thousands of dollars in undisclosed luxury travel for Thomas, or purchased his mother's house, improved it, and allowed her to live there rent-free to this day, or even paying private school tuition for Thomas' grand-nephew, is not seen as "corruption" if it wasn't in return for a specific thing. Even Thomas' wife Ginni can receive tens of thousands of dollars in payoffs by far-right activists, and it's not considered corruption.

"These long term relationships, where wealthy donors can shower a politician or a Supreme Court justice with huge gifts over years --- that's okay. At least it's not criminal, unless prosecutors can prove beyond a reasonable doubt that one particular gift was because of one particular thing they did," Eliason explains, detailing how the Court has cloistered itself into a world where all of this is somehow okay.

"The reality of corruption is usually much more subtle that that, and pervasive than that. It's a long-term 'You scratch my back and I'll scratch yours' kind of arrangement. 'I'll give you these fancy trips and gifts and things over time, and then when things happen to come up that I'm interested in, you'll do the right thing for me, and we don't even have to talk about it. We don't have to have an explicit deal, it's just an understanding between us.' That's what real-world corruption is like. But for more than twenty years, the Court has issued a series of opinions that have largely put arrangements like that --- like the arrangement between Harlan Crow and Clarence Thomas --- out of the reach of the law."

We've got a lot to discuss on these matters with Eliason today, including his suggestions for how Congress could fix this clearly broken and corrupt system, even as the Chief Justice suggests (inaccurately) that doing so would somehow be a violation of the Constitution's Separation of Powers doctrine. Ironically enough, if Congress finally does manage to legislate ethics reform for the Court and someone did challenge it as unconstitutional, guess who would get to be the final arbiter? "I wonder how they are going to rule?," quips Eliason...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Proof that McCarthy and party couldn't care less about the debt or deficit; Also: Trump criminal woes worsen by the day; TX joins GA in new laws to undermine elections in Democratic strongholds...
By Brad Friedman on 5/23/2023 6:40pm PT  

With their policy positions wildly unpopular among Americans, is it any wonder that Republicans are now doing little more than lying about their beliefs, crashing the economy, using the government to funnel money to wealthy campaign donors, and otherwise adopting laws, where ever they still can, to prevent non-Republicans from winning elections? And those are their non-violent strategies, as detailed on today's BradCast. [Audio link to full show is posted below this summary.]

Among our many stories today...

  • A 19-year old from Missouri, apparently with a Nazi flag in his rented truck, is charged with "threatening to kill, kidnap or inflict harm on a president, vice president or member of their family; assault with a dangerous weapon; reckless driving; destruction of federal property; and trespassing," after attempting to ram the truck into Lafayette Square across the street from the White House on Monday night. MAGA Republicans online seem to think the Nazi flag was an FBI setup to make them look bad. They may not have thought through that argument very well.
  • TAP's Ryan Cooper details the evidence that makes it plain as day that Congressional Republicans couldn't care less about the national debt or budget deficits in their pretend case against raising the statutory (and, almost certainly unconstitutional) Debt Ceiling law. If they actually cared about the debt or deficits, they wouldn't oppose raising revenue, among other things. But House Speaker Kevin McCarthy's fight, on behalf of his party, is not about debt. It is about using terrorism to crash the economy in hopes of hurting Democrats before the next election. They've been pulling this trick for years now. Perhaps Democrats should stop falling for it?
  • According to separate reports from WaPo and NYT last night, Special Counsel Jack Smith has subpoenaed information from the Trump Organization on its business dealings with China, France, Turkey, Saudi Arabia, Kuwait, the United Arab Emirates and Oman since 2017, as part of his probe of the documents, many of them highly classified, that Donald Trump stole from the White House upon leaving office. Now why would Smith want to do that?
  • Trump appeared remotely in New York court today to be instructed by the judge overseeing his 34 felony count indictment in the Stormy Daniels hush-money case, that he may not share certain evidence from prosecutors over social media. He may not even view some of it without his lawyers present. A date was also set for the beginning of his trial, on March 25, 2024, smack-dab in the middle of next year's Presidential primary season. Should be fun.
  • In a somewhat more immediate Trump Criminal Accountability Calendar Item, Fulton County, Georgia District Attorney Fani Willis has now informed Fulton's Chief Judge that, other than leadership and "armed investigators", the bulk of her staff will be working remotely from July 31 though August 18. That syncs up with dates that Willis previously suggested indictments were likely to be brought in her office's investigation "into possible criminal interference in the administration of Georgia’s 2020 general election". She requested that "judges not schedule trials and in person hearings during the weeks beginning Monday, August 7 and Monday, August 14." So, yeah...mark your calendars. It may get hotter than usual in Atlanta this summer.
  • We would have covered the above story sooner, but it came out as I was being deposed last week in a lawsuit [PDF] filed by the Coalition for Good Governance against Georgia's SB202 voter suppression law. I am a named plaintiff in the case, representing media, regarding provisions of this terrible bill that unconstitutionally chill and/or otherwise dangerously prevent press freedoms and public oversight of elections in the Peach State. While my three-hour depo last week went very well, I believe, I'll hold more specific thoughts for later, as other plaintiffs in the case are still going through their own depositions. But, another provision being challenged by CGG in this terrible bill --- best known for blocking the distribution of food or water to voters waiting in line to vote --- is a scheme that allows the State to replace entire, elected, local Boards of Elections with a single appointee of the Secretary of State's choosing. That wildly undemocratic provision, supported by GA's Republican Sec. of State, Brad Raffensperger, is now being echoed in...
  • ...Texas! Lawmakers in the Lone Star State on Tuesday were voting on two bills that will allow local election officials to be replaced by someone chosen by the Republican Governor's hand-picked Secretary of State, and otherwise make it easier to interfere with local elections. However, these provisions only apply to Counties in Texas with more than 3.5 million voters. As it turns out, the only such county in the state that meets that requirement is Houston's Harris County, a now reliably "blue" part of a "red" state turning more "purple" by the year. If ya can't beat 'em...commandeer their elections and right to vote.
  • Finally, Desi Doyen joins us for news on a massive cyclone now aiming directly for the U.S. territory of Guam after spinning up from almost nothing overnight to a catastrophic category 4 Super Typhoon today. That, followed by our latest Green News Report, with important news in the war over water in the drought-stricken U.S. west, and some great news about sweeping, landmark environmental and climate legislation being adopted by Minnesota, now that Dems have taken control of both chambers of the state legislature and its governor's mansion...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: The American Prospect's David Dayen; Also, Breaking: AZ's Democratic Governor vetoes bipartisan election transparency bill...
By Brad Friedman on 5/22/2023 6:29pm PT  

At some point, the President is just gonna have to do the right thing and stop playing footsie with disingenuous, bad faith Republicans who are holding the nation's economy hostage over the unconstitutional debt limit law. Also, the Democratic Governor in Arizona has some splainin' to do on today's BradCast. [Audio link to full show follows below this summary.]

After a bit of breaking news at the top of the show (regarding a breakthrough agreement on water sharing between Western states on the drought-stricken Colorado River, and E. Jean Carroll suing Trump yet again for defaming her yet again), it's onto the dangerous negotiations still taking place, for some reason, between the White House and House Speaker Kevin McCarthy over whether or not the U.S. will follow the law and pay its bills or go into default for the first time in the nation's history.

We're joined today by investigative financial journalist, author and Executive Editor of The American Prospect, DAVID DAYEN. He has been reporting on a lawsuit recently filed by the National Association of Government Employees (NAGE) against President Biden and Treasury Secretary Janet Yellen, charging that they are already violating the law by "suspending investments into...employee retirement plans" as part of Yellen's so-called "extraordinary measures" to avoid hitting the arbitrary borrowing limit implemented by Congress. She has said that those measure will run out as early as June 1, before the U.S. won't be able to pay all of its bills without borrowing more money. "There is active and ongoing harm which will get worse if the ceiling is hit," the NAGE suit alleges.

At the same time, as listeners may know, we've been covering the text of Section 4 of the 14th Amendment which states in clear language: "The validity of the public debt of the United States, authorized by law, including debts ... shall not be questioned." While Biden has made clear he is aware of the Constitutional option, he has said (not necessarily correctly) that invoking the 14th Amendment to follow the law by ordering the Treasury Department to continue borrowing to keep paying all of our bills would have to be litigated. That, he suggests, would take too much time to be adjudicated in court in order to avoid an upcoming debt default. Thus, he has been negotiating with McCarthy to find an agreement that McCarthy, as Dayen points out today, is unlikely to be able to even get his own caucus to agree to vote for.

With all of that in mind, and NAGE having filed for an emergency injunction in their lawsuit late last week, Biden and Yellen now have until June 6 to respond to the suit. Dayen points out, in both his X-DATE newsletter today and on our program, that Biden/Yellen merely need to respond to the suit by saying they agree with the plaintiffs suing them. The federal judge will then have no choice but to find in favor of NAGE, ruling that the President cannot pick and choose which bills will or won't be paid and that the 14th Amendment likely makes the Debt Ceiling law unconstitutional.

Problem solved! At least if Biden and the White House finally take this golden opportunity that has been handed to them. Sure, there are some nuances, as we discuss with Dayen, but, in general, Biden could use this to end the standoff in short order, before a global financial catastrophe --- which will only increase the U.S. deficit that Republicans in the House are only now pretending to give a damn about --- comes crashing down as early as next week.

"Here's your chance, Joe," says Dayen. "You have to write a response in this active litigation, and what you can say is 'I agree, and I am not going to contest this lawsuit.'" Once the judge receives that, Dayen explains, he'll have to say, "'Okay, I've got two sides in this lawsuit. One side says the debt ceiling is unconstitutional, and the other says it, too.' Presumably, the outcome, the ruling, would be that the debt ceiling is unconstitutional. Who would appeal it? There are two parties in this case, and neither are House Republicans."

ALSO TODAY: Last week on the show we spoke with Arizona's former Republican Secretary of State, now state Senator Ken Bennett, about a bipartisan bill passed out of the state's legislature last week to greatly improve election oversight, transparency and security by making digital ballot images of every ballot cast available for anyone to download and count for themselves in their own home if they wish. (A ballot image is a digital photo of each ballot that is taken as the ballot is scanned by the computer tabulators. It shows exactly how the voter voted at the time the ballot was cast and counted.)

The landmark measure, HB2560 --- which would make it much more difficult for the MAGA right to falsely claim elections are stolen --- was sponsored by Bennett in the AZ legislature and supported by the state's current Democratic Sec. of State Adrian Fontes as well. Thus, last week, when we spoke with Bennett, his hope was that the state's new Democratic Governor (and former Democratic Sec. of State) Katie Hobbs would sign the landmark transparency measure this week.

Instead, just before airtime, Hobbs vetoed the bill, falsely claiming it would "threaten anonymity" of voters and "open the door to the spread of additional election mis- and dis-information."

As Bennett explained last week on the show, he strongly disagrees. So does the nonpartisan election transparency group, AUDIT USA, headed up by longtime Democrat and ballot image proponent, John Brakey. They issued a statement responding to Hobbs' veto, calling it "a blow to efforts to reduce election conspiracies."

They charge the measure would "achieve just the opposite" of spreading "mis- and dis-information." In the statement, Brakey said that "By claiming the bill would compromise the privacy and anonymity of voters and lead to the increased spread of disinformation, the Governor has ignored the experience of multiple jurisdictions around the country that have been posting ballot images without the problems she claims would be caused."

The group is now hoping to win the one more vote in the state Senate and 9 more votes in the state House that will be needed to override Hobbs' veto. They will have about 21 days after they come back into session in mid-June. Stay tuned...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Election Day in KY, PA, FL; 'No Labels' scamming voters in ME?; DeSantis banning Holocaust history textbooks in FL...
By Brad Friedman on 5/16/2023 6:45pm PT  

Apologies in advance if you need to rinse off today's BradCast with a hot shower. We did our best to keep it family friendly. It wasn't always easy. [Audio link to full show follows this summary.]

Among the many stories covered on today's program...

  • It's Election Day in Kentucky, Pennsylvania and parts of Florida for some key state, municipal and special elections. We run down several of the key races and will have noteworthy results, as available, on tomorrow's program.
  • The political group calling itself "No Labels" is reportedly working to become an official political party in all 50 states in hopes of placing a Presidential candidate on the ballot in 2024. The group, founded in 2010, claims to be a non-partisan "centrist" coalition of both Democrats and Republicans, though their efforts to date seemed designed mostly to harm Democrats. See, for example, their lobbying of Senators Joe Manchin and Kyrsten Sinema in opposition of reforming the Senate filibuster in 2021. Also, internal documents have revealed their funders include far-right dark money billionaires such as David Kochand Peter Theil, according to Daily Beast, and Clarence Thomas benefactor Harlan Crow, according to New Republic. Now, the Secretary of State in Maine is charging the group has been scamming voters into signing a "petition" that is actually a change of party form. Just 5,000 voters need to become members in the state for the party to be allowed on the ballot. Apparently 6,000 have now signed up and the state has some questions about it.
  • Really, we did our best to keep this report no more graphic than PG-13, but it has to be told because there are some very serious crimes sort of hidden in the new 70-page lawsuit [PDF] filed against Rudy Giuliani by a former employee who accuses him of some pretty horrific "sexual assault, battery, gender discrimination and harassment, fostering a hostile work environment, retaliation, breach of contract, and violations of state labor laws."

    The hostile work environment allegedly included "misogynistic, racist, and antisemitic communications, constant sexual attacks, threats when she brought up the salary she was owed, and threats when she finally found the courage to confront him with her fears and the possibility of legal action."

    But of potential criminal note in the suit filed by Noelle Dunphy against Giuliani in New York on Monday, is not only the off-the-books payments (she says he gave her just $12,000 of the $1 million he'd promised), but that the former NYC mayor, federal prosecutor and Trump attorney was, according to the lawsuit, allegedly "selling pardons for $2 million, which he and President Trump would split." (!!!)

    Moreover, Dunphy claims to have audio recordings of Giuliani, including "some in which she says he can be heard making sexual comments, demanding sex and making sexist, racist, and antisemitic remarks." Does she have any in which Rudy is discussing selling Presidential pardons and splitting the proceeds with Trump? I suspect prosecutors may want to find that out in the not-too-distant future.

  • Speaking of antisemitism, on Monday, Florida Governor and desperate Presidential hopeful Ron DeSantis signed yet another bill forcing his far-right ideology onto others with yet another ban on freedoms. This one bars public colleges and universities from investing in diversity, equity and inclusion (DEI) programs. DeSantis has previously enacted state-imposed bans on various forms of free speech and books that his far-right Big Government state lackeys find objectionable. That has already resulted in bans on books said to cite issues of race, gender and sexuality, including math books (somehow) and social study texts. But now the Jewish Telegraphic Agency is reporting that the State is also banning educational textbooks on the Holocaust and/or forcing publishers to modify them in order to receive official State approval for use in Florida K-12 schools and public universities. “This is what modern day fascism looks like," charges human rights lawyer Qasim Rashid. "Remember, the main reason extremists would want to ban teaching about a past atrocity is to make it easier to enable that atrocity in the future."
  • We do have at least one story today that isn't creepy and horrible today, ironically enough. The still-Rightwing-controlled Wisconsin Supreme Court actually issued a ruling that isn't insane, overturning a lower state court's insane, seemingly Fox "News"-inspired order that hospitals must use Ivermectin horse-medicine to treat COVID-19 when a patient insists. The ruling overturns that madness comes in advance of liberals taking over the state high court majority beginning in August, following the election of a new liberal justice in the Badger State earlier this year.
  • Finally, Desi Doyen joins us for our latest Green News Report, with news on a devastating cyclone in Myanmar; the enormous cost of plugging abandoned oil and gas well in the Gulf of Mexico; and the Biden EPA's proposal of landmark new to curb climate warming emissions from the nation's power plants...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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And how the Fairness Doctrine, extended to cable, could have prevented Jan. 6 and the threat to democracy's survival...
By Ernest A. Canning on 5/12/2023 10:05am PT  

A decision by President Ronald Reagan to veto [PDF] an Act of Congress that would have codified the FCC's Fairness Doctrine into law, rather than just FCC regulation, coupled with the failure of both the FCC and Congress to expand the Doctrine to apply not only to over-the-air broadcasting, but also to ubiquitous cable television networks like Fox "News", gave birth to today's mendacious right-wing media echo chamber.

The rationale offered by Reagan in his veto at the time, and by the Commissioners he appointed to the FCC when it repealed [PDF] the Fairness Doctrine in 1987, was that the Doctrine had a "chilling effect" on broadcasters' willingness to cover controversial topics. The U.S. Supreme Court, however, in Red Lion Broadcasting v. FCC (1969), brushed aside that same argument as speculative.

"It is the purpose of the First Amendment to preserve an uninhibited market-place of ideas in which truth will ultimately prevail," JFK-appointee Justice Byron White wrote on behalf of the unanimous Supreme Court in the Red Lion opinion. "Speech concerning public affairs," he added, "is more than self-expression; it is the essence of self-government."

That observation aligns with the words of James Madison, who introduced the First Amendment at the Constitutional Convention in 1787. "Knowledge will forever govern ignorance," Madison proffered; "and a People who mean to be their own Governors must arm themselves with the power that knowledge gives."

Because the "goal" of the First Amendment is to produce "an informed public capable of conducting its own affairs," the Court, in Red Lion, ruled that it's the First Amendment "right of the viewers and listeners, not the right of the broadcasters, that is paramount."

The Supreme Court has never recognized a First Amendment right of a broadcaster to lie to the public, let alone a broadcaster's right to erect a pervasive, yet entirely fictional alternative reality, like the one created when Fox "News" embraced and amplified the same "Big Lie" that led to the January 6 insurrection.

If the Doctrine had been retained and expanded to cable TV outlets, it might well have prevented the January 6 insurrection. An expanded Fairness Doctrine would also have the potential to fend off today's ominous threat to the very survival of democracy in these United States...

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Guest: Marilyn Marks of Coalition for Good Governance on that and new fake electors news; Also: Santos charged with 13 federal felonies...
By Brad Friedman on 5/10/2023 6:27pm PT  

It's been quite the GOP crime wave this week on The BradCast. But today, in addition to that we've got some disturbing --- if not entirely unrelated --- kinda mind-blowing exclusive news out of a federal courtroom in the great state of Georgia. [Audio link to full show follows at the bottom of this summary.]

After quickly covering today's news on the 13-count federal indictment [PDF] filed in New York against Rep. George Santos (R-NY) for charges including wire fraud, money laundering, theft of public funds and making false statements to Congress, it's back to Georgia.

We have, for years now, been covering the long-running federal lawsuit challenging the use of the state's expensive, unverifiable, and --- according to one of the nation's top experts --- wildly vulnerable and insecure touchscreen voting systems.

The touchscreen Ballot Marking Device (BMD) systems made by Dominion Voting, currently in use in Georgia, were selected for use in 2020 by Republican Sec. of State Brad Raffensperger. He did so against the strong recommendations of cybersecurity and voting system experts following a ruling by a federal judge, in 2019, barring the further use of the state's previous touchscreen voting systems made by Diebold. U.S. District Court Judge Amy Totenberg found the previous systems to be unverifiable, insecure and, thus, unconstitutional. Unfortunately, instead of moving to a hand-marked paper ballot system at the time, as strongly recommended by experts, Raffensperger chose new touchscreen systems that had many of the same problems as the old ones.

The plaintiffs in the original federal case, Curling v. Raffensperger, quickly moved to bar the Dominion systems from being forced on every voter at every polling place in the state, as Raffensperger demanded. That suit continues. As part of it, Dr. Alex Halderman of the University of Michigan, an expert for the plaintiffs, was allowed to examine the Dominion touchscreen systems and found vulnerabilities so serious that Judge Totenberg sealed his complete findings, even from the plaintiffs! The U.S. Cybersecurity and Infrastructure Security Agency (CISA), however, was allowed to review Halderman's sealed report and made a list of critical software and physical security recommendations for the continued use of those systems in the battleground state.

Now, according to the transcript [PDF] from a hearing in Judge Totenberg's court last week in the Curling case, an attorney for the Sec. of State's office explained that while Dominion has completed CISA's recommended upgrades to the software and has had them certified for use by the U.S. Elections Assistance Commission (EAC) in late March, the state will not be installing those software upgrades until after the 2024 Presidential election.

As explained to the judge by the State's attorney Bryan Tyson, after spending hours "with the technical staff in the Secretary's office" and "hearing from folks with Dominion", it was determined that upgrades to the state's 35,000 touchscreen voting machines would be delayed until 2025.

"No jurisdiction has yet installed that upgrade...It has not been used in any election yet," Tyson told Judge Totenberg. "The upgrade process is a very intensive multistep process that involves multiple pieces of media, multiple components, and it involves touching every piece of the election system."

He explained that "every ballot-marking device has to have three different pieces of media installed on it to complete the upgrade. Every precinct scanner has to be upgraded. Every central count scanner has to be upgraded. And every election management server also has to either be replaced or upgraded. So, the implementation process for doing that is very involved."

According to our guest today, MARILYN MARKS of the Coalition for Good Governance, one of the plaintiffs in the Curling case, plaintiffs were stunned by the news. "You could hear gasps in the courtroom," she tells us today. "2025?! Immediately everyone thought, 'Presidential election, Georgia swing state.' We will have no way of knowing who won. And let's don't forget how much of a tinderbox Georgia was after the 2020 election. I believe it was a key part of the tinderbox that led to the insurrection. We're asking for it again."

There is, obviously, a lot to discuss on this matter with Marks today, including the most obvious point that, had Raffensperger listened to the experts and gone with hand-marked paper ballots, upgrading just one scanner per precinct for security reasons would have been a hell of a lot easier, faster, and cheaper, than upgrading every single voting machine --- 35,000 of them --- across the state.

"And we're not even beginning to talk about all of the warranty costs, maintenance costs, and printer costs and all that this system involves, when we're talking about just being a substitute for a ball-point pen," laments Marks. In addition to the time the State claims it will now take, she estimates the cost for upgrading the otherwise brand-new, $150 million system just purchased for first-time use in 2020 is likely to be in the tens of millions of dollars. "I don't think that $50 million and upwards is going to surprise anyone."

So, there is much more to discuss about all of this with Marks. Please tune in for the full conversation. But there was one more stunning bit of related breaking news from Marks today...

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ALSO: JURY FINDS TRUMP LIABLE FOR SEXUAL ABUSE, DEFAMATION, AWARDS E. JEAN CARROLL $5 MILLION...
By Brad Friedman on 5/9/2023 6:43pm PT  

On today's BradCast: It's official. Our former President has now been found liable by a federal jury for sexual assault. And, it's not a matter of partisanship, but a matter of facts and evidence. The Republican Party has now clearly become a Party of Terrorism in these United States. [Audio link to full show follows this summary.]

Among the stories backing up those assertions on today's program...

  • A federal jury in New York on Tuesday, after no more than three hours of deliberation, found Donald J. Trump to liable for sexual abuse and defamation against magazine writer E. Jean Carroll after what she described as a rape in a New York department store in the 1990s. The jury in the civil case ordered Trump to pay some $5 million in damages to Carroll, even as he continued to lie about her both before and after the jury's unanimous decision.
  • Nations around the world are now warning their citizens to take precautions when traveling to the U.S. due to all the terrorism, specifically the gun-violence by domestic-terrorists which the Republican Party refuses to do anything about. Instead, like Texas Governor Greg Abbott --- who has presided over an untold number of mass murders carried out with AR-15 and similar weapons in his state during his three terms as Governor --- they are pretending (again) that the real issue isn't the easy availability of weapons of war, but "mental health". And yet, at the same time, Republicans like Abbott have slashed hundreds of millions of dollars from, you guessed it, mental health care, even while working hard to both take health care away from folks who need it entirely and make it easier for those with and without mental health issues to buy still more high-powered, military-style weapons.
  • We now know the identities of the 8 killed in the weekend mass murder at the Allen, Texas outlet mall, allegedly carried out by a neo-Nazi who echoed many ideas expressed by Republicans in his social media postings. One Korean American six-year old became an orphan during the weekend rampage as his mother, father and younger brother were all killed in the shooting. Two sisters in grade school were also murdered at the same time, along with a mall security guard and several others.
  • Over the same weekend, a 14-year old girl, miraculously, wasn't killed in Louisiana, even though she was shot in the head by a man who saw shadows outside of his house and started shooting at them. The shadows were of neighborhood children playing hide and seek. But, at least the 58-year old man bravely "stood his ground" against the "threat". Yet another victory for the Republican Party of Terror.
  • All of that as the Dept. of Justice Sentencing Memo we discussed on yesterday's program, "throwing the book" at the rightwing, Trump-supporting militia group Oath Keepers for their seditious conspiracy on January 6th at the U.S. Capitol, included a request for increased penalties for "terrorism" in the addition to the charges for which the conspirators were previously found guilty.
  • If being the Party of Terror by Murder and Terror by Insurrection wasn't enough for today's Republicans, they are now working on adding the Party of Economic Terror to their list of accomplishments. With the "X-Date" now looming for when the U.S. Government runs out of borrowing authority to pay its bills --- including payments for decades of stuff mandated by Congress and Presidents of both parties --- the U.S. is facing the real possibility of default for the first time in its history. That's because House Republicans are, so far, refusing to simply vote to raise or ignore the dumb debt ceiling law unless the White House agrees to cut billions of dollars in spending on food assistance, health care (including for veterans) and much more. If the U.S. defaults on its debts and its ability to pay interest on loans, social security checks and salaries to the military (and much, much more), we could see a financial calamity in world markets and economies as early as June 1, according to the Treasury Department.

    If Republicans shoot the proverbial hostage this time around, the Biden Administration is reportedly considering invoking Section 4 of the 14th Amendment, the text of which states clearly, in pertinent part: "The validity of the public debt of the United States, authorized by law, including debts incurred ...shall not be questioned."

    Under this theory, the Treasury Department would simply continue to borrow, as needed, in order to pay bills already incurred, even if Republicans refuse to lift the Debt Limit. Remember, the Executive Branch is required, by law, to pay bills that Congress already mandated be paid. If the Government runs out of money and can't pay its bills, it would be in violation of myriad laws. On the other hand, if Treasury borrows money to pay our bills without the Debt Ceiling limit being raised by Congress, it would also be violating the law, albeit only that one, dumb one and, arguably, the U.S. Constitution. Harvard Law professor Laurence Tribe explains all of this in a weekend op-ed at the New York Times in which he details his reasons for having changed his mind about the debt limit.

  • But, as Simon Rosenberg observed over the weekend, "If there was a terror org operating inside the US, how would it look any different then what we're seeing," from today's Republican Party? Good question, Simon. If al-Qaeda or ISIS had helped people obtain weapons to kill thousands of Americans, attempted to overthrow the U.S. Government in an insurrection and threatened to crash the U.S. and world economies, I suspect we'd have been in an actual shooting war with them long ago...

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Guest: Dr. Allison Gill of 'Mueller, She Wrote'; Also: Two rightwing mass murders in TX over the weekend; Callers ring in...
By Brad Friedman on 5/8/2023 6:14pm PT  

It was another deadly weekend in the violent state of Texas, thanks, in no small part to the Republican Party of Mass Murder. But on today's BradCast our focus is mostly on accountability for the rightwing Seditious Conspirators who attempted to overthrow the U.S. Government on behalf of lies told by then-President, Donald Trump. [Audio link to full show follows this summary.]

Last Thursday, leaders of the far-right, racist, Trump-supporting Proud Boys gang were found guilty of seditious conspiracy and many other felonies for their part in attempting to carry out Trump's sore-loser insurrection at the U.S. Capitol on January 6, 2021. The verdict mirrored those from previous trials of both Proud Boys gangsters and far-right Oath Keepers militiamen.

On Friday, the Dept. of Justice "threw the book" at the seditious Oath Keepers in a 183-page [PDF] sentencing recommendation filed with the court for organization leader Stewart Rhodes and the others found guilty along with him earlier this year. DoJ recommended a 25-year sentence for Rhodes and slightly fewer years for eight others.

We're joined today by DR. ALLISON GILL, known to many as "A.G." and host of the Mueller, She Wrote podcast and Twitter handle, which covers the daily travails on the road to accountability for our disgraced former President.

Gill, who plowed through the full Sentencing Memo from DoJ over the weekend, breaks down its key elements, including similar sentencing recommendations to those brought for "treason"; additional penalties sought for an "upward departure" due to "terrorism"; and prosecutors asking the judge for consecutive sentences for each of the convictions, rather than concurrent sentences allowing the convicted to serve multiple years-long sentences at the same time.

"All three of things that I was looking for them to do, to 'throw the book' at these seditious conspirators, all of them were done," Gill told me. "So, I am not sure they could have gone any harder than they did."

Most importantly, we discuss why all of this news about the Proud Boys and Oath Keepers convictions is likely very bad news for Trump, who may soon find himself indicted by Special Counsel Jack Smith on charges that the DoJ has now road tested to excellent results in these other sedition and conspiracy trials.

Also, we get Gill's thoughts on the New York Time's curious (understated bombshell?) reference to records recently sought by Smith in his probe of the sensitive documents stolen by Trump from the White House upon leaving office. In the middle of a Times story last week on the "confidential cooperation of a person who has worked for [Trump] at Mar-a-Lago" and the report of large gaps in the security surveillance footage turned over to prosecutors, there was reference to the Trump Organization's dealing with the Saudi Arabia-backed LIV Golf venture, which is holding tournaments at Trump's golf resorts. For some unexplained reason, the Times reports, there have been "previously unreported subpoenas to the Trump Organization" regarding business with Saudi Arabia. Now what does that have to do with the stolen documents case? Curiously, the Times doesn't elaborate, but we discuss the possibilities.

Then, after some news on the apparent white supremacist who shot and killed 8 and critically injured three others at an outlet mall in Allen, Texas on Saturday and on the man who killed another 8 and injured about a dozen others with his SUV outside of an immigrant shelter in Brownsville, Texas on Sunday, we open the phone to callers mostly regarding the DoJ efforts to finally bring the criminal Trump to heal. Though some duped listeners, you may be bemused to learn, just can't understand why we need to prosecute Trump instead of....Joe Biden?!

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: 'Blue Wave' in NE; OH, MO Repubs gaming ballot initiatives; DeSantis suppressing more FL voters; Proud Boys guilty; Trump's NYT suit tossed; More gob-smacking Clarence Thomas corruption...
By Brad Friedman on 5/4/2023 6:53pm PT  

There was far too much news to fit into one BradCast today. We tried to do it anyway. [Audio link to full show follows below this summary.]

Among our many stories...

  • It was difficult to notice this week, but there was yet another very good election day on Tuesday for non-Rightwingers, including more bad news for MAGA World in several local contests around the country. In Lincoln, Nebraska, incumbent Mayor Leirion Gaylor Baird, supported by Democrats, defeated a well-funded opponent supported by the state's billionaire Republican U.S. Senator (and former Governor) Pete Ricketts and fellow billionaire publisher Thomas Peed. Gaylor Baird won by nearly 10 points. Apparently, ads describing Lincoln, the state capital, as a dystopian hellhole did not go over well with voters...in Lincoln.
  • A MAGA election conspiracist and local elections clerk named Stephanie Scott (pictured above), was tossed out of her job in a rare recall election on Tuesday in Adams Township, Michigan in Hillsdale County, one of the state's most Republican-leaning areas. Scott is under state criminal investigation after refusing to turn over her town's computer vote tabulator in 2021, which she believed held evidence of fraud revealing Democrats had stolen the state's Presidential election in 2020. That, in a town that Trump/Pence won with 75% of the vote that year. (If the story sounds familiar, see Tina Peters, former Mesa County, Colorado Clerk, who has since been tossed out of her job and indicted on 10 counts.) This appears to be part of the multi-state MAGA conspiracy to breach voting systems, hatched at the Trump White House in December 2020, as we detailed again last week. Scott was defeated by a 2 to 1 margin on Tuesday by an independent challenger running on the slogan "Make Adams Township Boring Again".
  • But, if ya can't beat 'em, suppress their vote! That seems to be the Republican plan for "winning" elections from here on out, apparently. After losing statewide ballot initiatives that would have restricted abortion rights last year, including in so-called "red" states like Kansas and Kentucky, the GOP is now hoping to game the ballot initiative process itself in several states. The most immediate and noteworthy is Ohio, where supporters of reproductive freedom hope to place an initiative on the ballot in November to establish a state Constitutional right to abortion. But Republicans, who just four months ago adopted a statute ending costly August elections, are now moving to place an amendment on the ballot in a $20 million Special Election in August that would raise the requirement for adoption of Constitutional Amendments from a simple majority vote to a required 60% for passage. (Ironically, the GOP lawmakers own Amendment, if voted on in August, would only require 50% to be adopted.) Other gerrymandered GOP states are now attempted to do the same thing, including Missouri, where Republican lawmakers there are doing something arguably even more insidious in their own attempt to fool voters into supporting their anti-democracy measure.
  • And then there's Florida, where democracy goes to die. The state legislature has just passed a one of their final gifts to beleaguered Presidential hopeful Ron DeSantis: a 96-page law that will, among other things, severely restrict voter registration by nonpartisan third-party organizations. As recent research finds, Black and Latino voters are more than five times more likely to be registered by third-party groups than White voters. DeSantis is expected to sign the legislation soon as one of his last official acts before declaring his 2024 candidacy. It will be the third year in a row that Sunshine State Republicans have adopted new voting restrictions.
  • A D.C. jury on Thursday convicted four members of the far-right, racist militia group, Proud Boys, of seditious conspiracy, obstructing an official proceeding, conspiring to impede Congress from performing its duties, obstructing law enforcement and other federal crimes related to their participation in Donald Trump's Jan. 6, 2021 insurrection at the U.S. Capitol. The charges for conspiracy and obstruction of an official proceeding both carry sentences of up to 20 years in prison. Their former leader, like Donald Trump, was not even at the Capitol during the riot, but was among those found guilty. All of that good news is likely very bad news for the former President and the specific federal charges likely to soon be brought against him.
  • In still more bad news for Trump today, his lawsuit against the New York Times and several of their reporters, charging an "insidious plot" to obtain his tax records resulting in Pulitzer Prize-winning reporting by the paper, was tossed out by a New York judge on Wednesday. Moreover, the judge --- finding Trump's claims "fail as a matter of constitutional law" and that the paper's newsgathering efforts were "the very core of protected First Amendment activity" --- ordered Trump to pay all of the attorneys fees, legal expenses and other associated costs for the Times and their reporters.
  • ProPublica strikes again. First they revealed that GOP megadonor Harlan Crow showered U.S. Supreme Court Justice Clarence Thomas for decades with hundreds of thousands of dollars in luxury vacations which he unlawfully failed to disclose. Then they reported that Crow had actually purchased Thomas' mother's house from him, made nearly $40,000 worth of improvements to it, and has allowed the corrupt Justices mom in it, rent-free, ever since. None of that was ever disclosed by Thomas either, in violation of the law. And now, on Wednesday, they did it again. Their latest bombshell scoop documents how Crow's company paid for years of tuition to private schools for Thomas' grandnephew who the nation's longest serving Justice says he raised "as a son" since taking legal custody at the age of 6. The tuition for the boy, now in his 30s, amounted to approximately $100,000. Congressional Republicans continue to applaud the unspeakably corrupt Thomas.
  • Finally, as you haven't had enough already today, Desi Doyen joins us for our latest Green News Report to detail the unprecedented heat wave in Spain, as Italy's rivers dry up; the EU's passage of "the biggest climate protection law of all time"; and New York's adoption of a landmark law banning natural gas hookups in new building construction...

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Guest: NatSec and accountability journalist Marcy Wheeler...
By Brad Friedman on 5/3/2023 6:19pm PT  

On today's BradCast we catch up on where each of the major, still-unindicted criminal investigations of Donald Trump currently stand with the one person who may pay closer attention to the details of the cases than even the prosecutors working on them! [Audio link to full show follows this summary.]

Over the weekend, longtime national security journalist MARCY WHEELER of Emptywheel wrote three articles, summarizing the latest status in each of the three ongoing criminal probes of the already-criminally-indicted-in-New-York former President, and what the final issues are that prosecutors must nail down before indictments can be brought.

Those cases include Special Counsel Jack Smith's federal investigations of Trump's January 6 related conspiracies and the documents he stole from the White House, as well as Fulton County, Georgia District Attorney Fani Willis' broad probe into Trump's failed attempt to strong-arm state officials into stealing the 2020 election from Joe Biden.

Among the many points discussed with Wheeler, who joins us today from Paris...

On Jan 6 and related matters:

  • Why determining the legal definition of "corrupt purpose" in the D.C. federal court circuit, in regards to Trump's attempt to obstruct the Electoral College vote certification, is so important to Smith's case.
  • Why pending cases against Jan. 6 insurrectionists remain key to that definition.
  • Why the fake electors schemes in several states and Trump's fraudulent fundraising on his lies about election fraud is also critical to Smith's case.
  • Evidence that Trump's own attorneys knew in advance that their fake electors scheme was unlawful.
  • Why nailing down testimony from cooperating witnesses is so important and whether former VP Mike Pence --- who testified before Smith's federal grand jury last week about Trump's attempt to have him assassinated --- can be made into a sympathetic witness on the stand.
  • Will we see a broad set of indictments against Trump regarding Jan. 6 or just one or two focused, easily provable charges?
  • Is Smith investigating the multi-state conspiracy to breach voting system software in states like Georgia, Michigan, Colorado and elsewhere as part of his probe?

On the Stolen Documents:

  • What's the hold-up in bringing charges on what has always seemed like the simplest of the many ongoing cases?
  • Why it's helpful that Smith is overseeing both this case and the Jan 6 probe, given that several witnesses are key to each of the cases.
  • What the specific criminal charges may ultimately be, and the important related decision on whether they will be brought in Florida or in D.C.

On the GA Conspiracy:

  • What's the hold-up for D.A. Willis in bringing charges in the Georgia-related crimes?
  • Why Trump is likely to try and move any GA charges to the federal level (and into Smith's lap).
  • How and why a number of co-conspirators may have suddenly decided to cooperate with Willis after all in recent days.
  • How there may be an additional 24(!) previously-unknown witnesses to Trump's infamous Jan 2, 2021 phone call to the GA Sec. of State attempting to strong-arm him to "find" 11,000 votes to steal the state's election from Biden.

That's just a sample, of course. Wheeler joins us for the full hour. Dig in...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Abortion bans blocked by GOPers in two 'red' states; Trump Camp also paid a second research firm to find zero fraud in the 2020 election...
By Brad Friedman on 5/2/2023 6:27pm PT  

Time is running out on today's BradCast. [Audio link to full show follows this summary.]

Among the many clock-ticking stories covered today...

  • The contract for film and television writers ran out as of midnight last night. Today, 11,500 union members in the Writers Guild of America went on strike. The late-night comedy shows have already been shut down and, sadly, Americans are likely to be less well-informed because of it. We explain.
  • The deadline for how long Republicans can hold the nation and world economy hostage to ill-considered, self-destructive extremist idiocy --- before blowing everything up and creating a first-ever default of the U.S. Government in the process --- got much closer as of Monday. The new earliest date for when the U.S. Government may run out of authority to borrow the funds needed to pay for stuff that Republicans and Democrats alike long ago committed to paying for is now June 1, according to Treasury Secretary Janet Yellen.

    Yet, House Speaker Kevin McCarthy and his band of reckless Republicans in Congress continue to exploit our dumb debt limit law to try and extort huge cuts to food and health care to millions of Americans (including veterans) along with a rollback of critical climate crisis initiatives in exchange for not destroying the nation's economy.

    President Biden is right not to negotiate with terrorists on this matter. The way the media covers this mess, however, will make a big difference in whether or not Biden's able to continue to do the right thing. In the meantime, we sure do hope he has a plan to handle the worst-case scenario that today's gerrymandered, death-wish GOPers may actually be dumb enough to cause for the first time in U.S. history.

  • Not all Republicans have a death wish, apparently. On the same day last week, in two different "red" states, South Carolina and Nebraska, a handful of Republican state lawmakers voted to protect abortion rights. For now. It took the only two female Republican state Senators in South Carolina and one 80-year old Republican in Nebraska to block complete bans on reproductive freedoms. We'll see how long that lasts and/or if any other GOPers can figure out why they keep losing elections that they should have won after the corrupt U.S. Supreme Court overturned Roe v. Wade last year.
  • Back in February we covered the news from Washington Post's Josh Dawsey that the Donald Trump's Campaign paid $600,000 to a research firm to investigate every single potential claim of fraud in the 2020 Presidential election. They found absolutely nothing and told Trump as much in December of that year. Nonetheless, on January 6, 2021, Trump went out and lied yet again to his supporters about fraud in the election, even though he was told all such claims were baseless. And now, Dawsey reports, a second firm was paid $750,000 by the Trump Campaign at the same time to also find no evidence of fraud. That firm told him as well, in advance of January 6. Special Counsel Jack Smith has now reportedly subpoenaed records and testimony from both firms, as he probes the Trump Campaign fraudulently raising more than $250 million from their own supporters based on fraudulent claims we now know Trump absolutely knew to be fraudulent at the time he made the fraudulent claims.
  • Finally, Desi Doyen joins us for our latest Green News Report with non-fraudulent news on the impact of climate change on East Africa's deadly drought; the corrupted SCOTUS plans to undermine climate regulations next term; SpaceX grounded in Texas; and some better news for the climate out of the great state of California...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Former Dep. Asst. AG, Chief Counsel for U.S. Senate, Dep. Chief of Article III Judges Div. for U.S. court system, Lisa Graves of True North Research; Also: Biden officially announces 2024 run...
By Brad Friedman on 4/25/2023 6:56pm PT  

If there is anyone more uniquely qualified than to discuss to discuss several issues of note on today's BradCast, I don't know who it could possibly be.

But FIRST UP, President Biden released a video today titled "Freedom", officially declaring his intention to run for a second term in 2024. The announcement comes four years to the day after releasing his video declaring his successful 2020 run. He faces long-shot Democratic primary challenges, so far, from vaccine opponent Robert F. Kennedy Jr., and self-help author/spiritual guru Marianne Williamson, who also ran in 2020 but dropped out before primary voting began.

We share Biden's video today and discuss the challenges he will be facing, which mostly include his age and health, according to many Democratic and other voters who say they'd prefer someone younger. Recent polling, however, shows that most of those voters will likely support Biden if he becomes the party's nominee.

The RNC and their most likely (for now) 2024 GOP nominee, Donald Trump, responded somewhat predictably with apocalyptic statements and AI video renderings of a dystopian nation wracked by disaster under a second Biden term, ironically describing Biden, ironically enough. as "out-of-touch". The disgraced former President, as recent polling reveals, will likely be the easiest nominee for Biden to defeat.

NEXT UP, since it's a day that ends in "y", we have yet another revelation of corruption by Clarence Thomas, almost certainly the most corrupt Supreme Court Justice in U.S. history. Bloomberg News and CNN report today that, despite previous claims to the contrary by both men, Thomas did, in fact, sit on a case at the high court in which Harlan Crow --- billionaire GOP megadonor and longtime giver of lavish worldwide travel and luxury vacations that went unlawfully undisclosed for decades by Thomas --- had business before SCOTUS in the 2000's. Thomas failed to recuse himself from the case involving the company of his "personal friend".

We're joined today to discuss the seemingly endless decades of both unethical and unlawful corruption by Thomas (and his corrupt, far-right activist wife Ginni), by LISA GRAVES. She previously served as Deputy Asst. Attorney General at the U.S. Justice Department, Chief Counsel for nominations in the US Senate, and as a Deputy Chief of the Article III Judges Division for the U.S. court system. Graves is now a muckraking political researcher and founder of Truth North Research. She has been exposing massive corruption of our electoral system by folks like Thomas, Crow, the Koch Brothers, wealthy rightwing federal court operative Leonard Leo and many others for years.

That means we've got a lot to discuss with Graves today, including Thomas' long history of corruption and failure to disclose stuff like his wife's annual salary for about twenty years from the rightwing Heritage Foundation back in 2011, and the undisclosed sponsorship of Leo and the group Citizens United that helped him win his controversial nomination to SCOTUS back in 1991. (That was well before Thomas failed to recuse himself from the infamous 2010 Citizens United case.)

"This new revelation is really important because it does show that there were cases, at least one case [at the Supreme Court] that directly affected Harlan Crow's company," Graves explains today. "But I think that's just the tip of the iceberg. Because the reality is that you have a number of instances that have been documented by the press where Clarence Thomas has failed to disclose to the American people his financial ties to Harlan Crow, who also has ties to Leonard Leo, who has been the architect of moving the Court to the far right. Including the fact that Leo cut his teeth trying to get Clarence Thomas confirmed in the first place. So these are deep and long relationships."

It's not only Thomas on the High Court who has recently been revealed as playing fast and loose with ethics rules and laws. Today, Politico reports that Justice Neil Gorsuch sold a nearly 3,000-square foot log home and a 40-acre tract of land in Colorado for nearly $2 million to the top executive of one of the nation's largest law firms just days after being nominated by Trump to SCOTUS in 2017. While Gorsuch disclosed the property sale, he failed to identify the purchaser on his disclosure forms, leaving that box blank. Since then, the firm has been involved in at least 22 cases before the Court.

And it's not only corrupt Republican appointees to the High Court. CNN recently unearthed interviews by a Christian talk radio outlet with far-right U.S. District Court Judge Matthew Kacsmaryk, the corrupt judge who banned the popular abortion pill, mifepristone, earlier this month. During the interviews he describes his opinion that being gay is "a lifestyle" and criticizes both "no-fault divorce" and "permissive policies on contraception." He failed to disclose those interviews during his 2017 confirmation process.

Perhaps more disturbingly, Washington Post recently reported what would appear to be out and out fraud by the controversial judge. He not only failed to disclose a law review article he authored, in which he criticized President Obama's protections of transgender people and those seeking abortions, but, after being nominated by Trump, he instructed the journal to remove his name as author and substitute the names of two junior colleagues at his activist law firm who appear to have had nothing to do with the article.

Graves charges Kacsmaryk should be held to account by the DoJ for possible prosecution under Section 1001 of Title 18 of the US Code, which deals with giving materially false statements to Congress. "You have someone who affirmatively, deceptively, actively, willfully hid from the Senate that he wrote this article. He did so purposely. He did so knowing he was about to be nominated for this position. He affirmatively deceived Congress," she tells me.

"Kacsmaryk deceived Congress in his quest to become a judge, and then he had no restraint on his efforts to impose those various same types of personal anti-abortion views in a case where he has now injected himself in overturning nearly a quarter century of law in defiance of long-standing Supreme Court precedence."

Given the massive corruption of both the federal bench and Republicans in Congress, what, if anything can be done about any of it? We discuss what can and should be done by Congress, by the U.S. Judicial Conference which oversees operations of the federal courts, and by the U.S. Department of Justice, all of whom Graves has worked with in various capacities over the years...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Election expert Susan Greenhalgh of Free Speech for People, with cameos by election integrity champions Jeanne Dufort and Marilyn Marks of Coalition for Good Governance...
By Brad Friedman on 4/24/2023 6:47pm PT  

On today's BradCast: Maybe now Jack Smith will start investigating the multi-state criminal plot by MAGA conspiracists to breach voting system software? Now that we know the unlawful scheme actually began in Donald Trump's Oval Office, as overseen by Trump himself, back in December of 2020? [Audio link to full show follows below.]

We have been reporting on the unlawful, criminal breaches of sensitive voting and tabulation system software by MAGA rightwingers following the 2020 election for nearly two years at this point. Most notably, we've focused most closely on the incident that occurred in the rural, right-leaning Coffee County, Georgia, where local GOP Board of Election members, County Commissioners and Republican Party officials allowed outsiders organized and funded by Trump lawyer Sidney Powell, to come in to the elections office to make illicit copies of the County's sensitive, proprietary election management software made by Dominion Voting Systems. The software in rural Coffee County also happens to be the exact same software that is used across the entire battleground state, thanks to the insistence of Republican Sec. of State Brad Raffensperger.

We first learned about the Coffee County breach last year, thanks to Marilyn Marks, founder of Coalition for Good Governance, which has a long-running federal lawsuit against the state, seeking to the ban the use of Raffensperger's 100% unverifiable touchscreen voting systems made by Dominion. She received a bizarre phone call --- which we previously aired on this program --- from an Atlanta-area businessman named Scott Hall, essentially confessing to the unlawful breach in Coffee County on January 7, 2021. He thought Marks was a fellow MAGA traveler. She wasn't. She is a non-partisan election integrity advocate. A real one.

Since that breach, which included the participation of folks like Doug Logan of Cyber Ninjas (the clowns who ran that phony audit of the 2020 Presidential election in Phoenix, Arizona in 2021), was revealed, thanks to Marks' ongoing civil lawsuit, Sec. Raffensperger seems to have been working very hard to cover the entire thing up and, according to our guest today, DoJ Special Counsel Jack Smith does not appear to be investigating.

Hopefully, that may have changed as of Friday, when two major media outlets ran scoops based on a new letter [PDF] sent by our guest today, SUSAN GREENHALGH of Free Speech for People, to U.S. Attorney General Merrick Garland, Special Counsel Jack Smith and FBI Director Christopher Wray.

First, CNN reported Friday morning that text messages obtained via Marks' lawsuit revealed two of the software breaching Trump operatives discussed whether to somehow use information gleaned from their unlawful actions to try and prevent the certification of Democratic U.S. Senator Jon Ossoff's January 5th, 2021 U.S. Senate runoff victory over Republican David Purdue, or whether they should "hold it for a bigger moment."

Then, later on Friday, the New York Times ran a report detailing Greenhalgh's discovery that the plot to breach voting system software in several states --- which we already knew had been organized and funded by Powell --- was actually hatched during the infamous "crazy" meeting in the Oval Office on December 18, 2020. That, based on testimony to the House January 6 Committee that Greenhalgh documented from several Trump aides who were in the room where it happened that night. Attendees at the meeting included Powell, Rudy Giuliani, Michael Flynn, former Overstock.com CEO (and plot funder) Patrick Byrne, Chief of Staff Mark Meadows and others. It went on for hours and was presided over by Donald Trump himself.

So, maybe Smith or Garland or Wray will be interested in investigating the multi-state conspiracy plot now?!

Greenhalgh explains that cybersecurity experts are concerned that the stolen software "can be used in disinformation campaigns, which we are already seeing happen. It could be used to fabricate evidence." She notes that "in 2020 when all those [Trump] lawsuits failed, it was because there wasn't any real or credible evidence. But software is mutable. You can play around with it. Could this be used to try and fabricate some false evidence to say, 'Look, this is what we found on some voting machines and look they stole the election?'"

"Most ominously," she warns, the software could be used to "to develop and tailor malware that could be deployed to actually start stealing votes, in the very way that we had people arguing was done in the 2020 election --- but now it's coming from the very same people that actually made those outrageous and baseless claims. Now [they] have the ammunition and basically the keys to the vault that could enable them to do much more nefarious things like actually hack an election."

So, why hasn't this been investigated by the Feds before now, as a response sent by the FBI to Greenhalgh in January [PDF] indicates, claiming the Bureau can only investigate after "a formal request for assistance" by "local authorities"? Why does GA Sec. of State Raffensperger, wrongly viewed as a hero for not stealing the 2020 election for Trump, seem to be working so very hard to cover up what happened in Coffee County? Why have corporate media been so reticent to dig into the story? Why have Greenhalgh and Marks had to do the bulk of the heavy lifting to even get us to this point? Why haven't members of Congress jumped in to demand a proper probe at the federal level? And will a proper federal probe finally happen now that the matter has found its way smack dab into Smith's purview by landing, via the New York Times, in Trump's Oval Office? (All thanks, of course, to the indefatigable work of Susan, Marilyn and their nonprofit organizations!)

"There's a lot more to this story to report," Greenhalgh insists. "As you know, it's still just the tip of the iceberg and there's a lot more information underneath that can still be reported. Greenhalgh's February follow-up letter to the FBI's response [PDF], for example, notes that, contrary to the assertion from R. Joseph Rothrock, Chief of the FBI's Public Corruption and Civil Rights Section, the Georgia State Elections Board says that it has, in fact, "requested assistance from the FBI." That, according to a public statement from its Chair in September of 2022

Tune in for answers to all of the above questions and many others on today's BradCast, which also includes some cameo call-ins from both Marks (who suggests listeners contact their U.S. Senators to ask them to demand a DoJ probe) and GA election integrity advocate Jeanne Dufort!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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McCarthy's DOA plan to gut spending on the poor and make his own constituents sick in exchange for not crashing the U.S. economy; Also: Lindell loses a $5 million election fraud bet; Peters still facing jail time...
By Brad Friedman on 4/20/2023 6:40pm PT  

We've got lots of dupes and lots of dopes on today's BradCast. You'll have to figure out which is which. [Audio link to full show follows this summary.]

Among our stories today...

  • House Speaker Kevin McCarthy has introduced a 320-page proposal [PDF] of cuts to the federal budget that he suggests Republicans must have in exchange for not blowing up the nation's economy for less than a year. The cuts being demanded in order for a vote to raise the nation's borrowing limit to pay for what we've already committed to spending and avoid a first-ever U.S. government default, include taking away food stamps from more than 4 million hungry Americans, and federal health insurance from more than 2 million poor and disabled people. He's also demanding another $130 billion dollars of cuts in social programs for Americans next year alone, though he doesn't say which programs. The White House believes it would most likely include deep cuts to "education, veterans medical care, cancer research, meals on wheels, food safety and law enforcement.” McCarthy's dead-on-arrival debt limit proposal --- if he's even able to get his own party to pass it in the House --- would also increase the deficit (which Republicans pretend to care about) by nearly $200 billion in cuts to IRS enforcement. But that will keep more money in the pockets of corporations and the wealthy, so there's that.
  • Perhaps most disturbingly of all, McCarthy is calling for cuts to much of the $400 billion in climate initiatives to clean the air and fight global warming over the next decade, as adopted by Democrats in last year's Inflation Reduction Act. If I was one of McCarthy's constituents in Bakersfield, California, I'd be particularly pissed off about that, given this year's "State of the Air" report from the American Lung Association, released on the same day as McCarthy's debt ceiling bill. If I lived in Bakersfield, I might wonder why my own Congressman wants to kill me? The new report finds McCarthy's home town at the very top of two of the Lung Association's lists...but not the good ones. Bakersfield is the #1 most polluted city in the nation, as ranked by both short-term and year-round particle pollution. On the other hand, it's only the third worst in the nation when it comes to ozone pollution. Why does Kevin McCarthy want to slash climate programs and further harm his own constituents?!
  • Some of these folks may be both dupes and dopes. Back in 2021, bedding impresario and 2020 election liar Mike Lindell promised to reveal iron-clad evidence that China helped steal the Presidential election from the former guy. Lindell declared he had data, from a whistleblower or something, proving that they had done so, somehow, via the Internet. He offered a $5 million challenge at a three-day "cyber symposium" in South Dakota that year to anyone who could "Prove Mike Wrong" by showing that the data packets he claimed revealed evidence of Chinese interference of the election didn't actually prove as much. Well, some guy, a Trump voter named Robert Zeidman, did exactly that, according to an arbitration panel who was called in after Lindell refused to pay up. The panel found that Zeidman proved the so-called "packet captures" included little more than jibberish and had nothing to do with the 2020 election. Now Lindell has 30 days to pay up, though he says he's going to court instead. It's all quite hilarious, in truth. But it may just be an appetizer for the $1.3 billion defamation suit [PDF] still pending against him by the Dominion Voting Systems company.
  • Of course, Lindell wasn't the only one to screw himself over at that "cyber symposium" in SD. That's where Colorado's former Mesa County Clerk Tina Peters was speaking on stage when sensitive Dominion Voting System software from her own county was leaked to the public over the Internet. Peters was later charged by CO with 7 felonies and 3 misdemeanors related to her alleged scheme to sneak into the secure voting system room in her county with accomplices late at night, as they turned off the security cameras to make unlawful copies of the election tabulation software. Her trial on those state charges comes later this year, but last month Peters was found guilty of obstructing a law enforcement investigation related to one of her accomplices. Last week she was sentenced to 4 months of home detention and 120 hours of community service. The penalties she is likely to face for breaching the County's voting system software is likely to be much much worse if she's found guilty.
  • Finally, Desi Doyen joins us for our latest Green News Report, with more on Speaker McCarthy's attempt to gut landmark climate initiatives at the expense of humanity; record deadly heat in Asia; Trump-appointed judges gutting Berkley, CA's attempt to fight climate change; and a landmark approval for clean electricity transmission across several western states...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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