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Latest Featured Reports | Thursday, June 22, 2017
Secrets Revealed: DoD Assessment of Manning Leaks, GOP Senate Healthcare Bill: 'BradCast' 6/22/17
Guest: BuzzFeed 'FOIA Terrorist' Jason Leopold; Also: Trump's audio tape bluff?...
'Green News Report' 6/22/17
  w/ Brad & Desi
Trump's solar border wall; Perry's science denial; Trump Admin seeks to reactivate Yucca Mountain Nuclear Repository; Plastic reaches Antarctica; PLUS: UK to shift to e-cars...
Previous GNRs: 6/20/17 - 6/13/17 - Archives...
Tuesday's 100% Unverifiable Special Election Results in GA, SC: 'BradCast' 6/21/17
And, ironically enough, Wednesday's mostly disinformative hearings in the U.S. Senate on alleged manipulation of the 2016 election...
'Bedlam' Ahead: Obstruction, Recusals, Chain of Succession, Impeachment, Indictments: 'BradCast' 6/20/17
Guest: Attorney Seth Abramson; Plus: Senate moving healthcare; Rick Perry still dumb...
'Green News Report' 6/20/17
  w/ Brad & Desi
Record heat wave in Western U.S.; New criminal indictments in Flint; Massive Portugal wildfire kills more than 60; PLUS: Court victory, enviro award for Standing Rock Sioux Tribe...
Previous GNRs: 6/13/17 - 6/8/17 - Archives...
GA's Unverifiable E-Vote Passwords, Database, Found on Unsecured Server: 'BradCast' 6/19/17
State contracted programmers told of security prob last year, covered it up, left files online...
Sunday Toons of the Rhetoric Toning Moment
If only we could tone down the rhetoric in D.C., everything would be happily every after, right? The cartoonist in PDiddie's weekly collection aren't so sure...
NC Racial Gerrymandering Highlight's GOP 'Justice Delayed, Denied' Strategy
But after SCOTUS ruling and government realignment, justice may soon be at hand...
As Sessions Testifies, GOP Schemes: 'BradCast' 6/13/17
Guest: David Dayen on Congress/Trump plans to sell off public assets, gut banking reforms, more; Also: How to win young voters and the House Dem rift over impeachment...
'Green News Report' 6/13/17
Int. Sec. wants new nat'l monument borders; Heat waves more deadly in India; More 100-year floods in US; PLUS: French grants for US scientists...
Election Whistleblower Stephen Heller on Election Whistleblower Reality Winner: 'BradCast' 6/12/17
Also: More bad federal court news for Trump, but maybe good court news for him in GA-06...
Sunday Toons of the 'Lordy' Moment
As Comey prayed for audio tapes, God may have been ignoring him, but Trump wasn't. At the same time, the GOP enjoyed the distraction and Reality went to jail. All of that and more in PDiddie's latest toon collection...
'Conservatism' Failing from Topeka to Tulsa to the River Thames: 'BradCast' 6/9/17
And a lot of other important stuff you've been distracted from by the Trump Circus over the past week or two...
'Lordy, I Hope There Are Tapes': Comey Testifies, Accuses Trump WH of 'Lies': 'BradCast' 6/8/17
Guest: Author, journalist Marcy Wheeler; Also: Stunning loss reported for UK Conservatives...
'Green News Report' 6/8/17
As Trump leaves Paris pact, HI steps up, CA partners w/ China; Switching coal to solar would save 52,000 lives a year; PLUS: NV Dems reverse anti-solar regs...
Comey's Testimony and Callers on Trump Impeachment: 'BradCast' 6/7/17
Former FBI Director confirms 'obstruction' reports, Trump says he's 'vindicated'. Plus: Somewhat surprising calls on impeachment and alleged NSA 'Leaker' Reality Winner...
'Green News Report' 6/6/17
Global fallout after Trump leaves Paris pact; Even Fox questions case for exiting accord; States, cities step in to fill void; PLUS: India to sell only electric cars...
NATIONWIDE STUDY FINDS ALMOST NO VOTER FRAUD
Just 10 cases of in-person impersonation in all 50 states since 2000...
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...


State contracted e-vote and pollbook programmers at Kennesaw State Univ. told of vulnerability last year, covered it up, left files unprotected
Also: Unlawful U.S. war on Syria expands, incurs Russian wrath; Dem plan to slow GOP Senate's secret health care bill; Fatal anti-Muslim attacks in London, Virginia...
By Brad Friedman on 6/19/2017 6:47pm PT  

On today's BradCast, another blockbuster report confirms vulnerabilities in our nation's voting systems that I've been trying to warn about for more than a decade, and several other stories not receiving the dire attention merited this week. [Audio link to complete show is posted below.]

In advance of Tuesday's highly contested U.S. House Special Election in Georgia's 6th Congressional District --- the most expensive House race in U.S. history --- Politico Magazine's Kim Zetter offers an absolutely chilling bombshell of a report headlined "Will the Georgia Special Election Get Hacked?" She reports that gigabytes of unsecured data --- including passwords for e-voting system central tabulators, voter registration databases and much more were kept on a wholly unsecured web server, potentially for years, at Kennesaw State University's Center for Election Systems.

The KSU Center, as they describe on their website, was "created and charged with the responsibility of ensuring the integrity of voting systems in Georgia" since the state adopted its statewide, 100% unverifiable Diebold touch-screen voting system in 2002. Those same machines are still used there today, despite their age (they run on a version of Windows 2000) and massive, well-documented vulnerabilities to hacking and insider manipulation. Nonetheless, the Center for Election Systems has long been cited as a model for election administration by the U.S. Election Assistance Commission and is responsible for the security and programming of every 100% unverifiable touch-screen voting system, computerized central tabulator, and electronic pollbook used across the state of Georgia.

The unsecured data files at Kennesaw, according to Zetter, were discovered prior to last year's Presidential Election and reported to the Center, but were still available online for download without a password at the beginning of March this year, during the run-up to the April primary election in the GA-06 House race. The data may, in fact, have been available there for years, even as Kennesaw's Executive Director Merle King, who has spent years testifying in court on behalf of Diebold's systems, reportedly failed to inform GA Sec. of State Brian Kemp about the breach last year after he was informed of it. In fact, Zetter notes that he warned the outside computer security researcher who discovered it not to inform the state. GA's former Sec. of State, Karen Handel, is the Republican House candidate in the reportedly very tight GA-06 race against Democrat Jon Ossoff and is said to have repeatedly blocked a security analysis of the Center years earlier while serving as the state's chief election official.

When the results of the House contest are announced on Tuesday night --- whichever party's candidate is declared the winner --- it will be virtually impossible to know if the results are accurate or if even one vote cast on GA's 100% unverifiable touch-screen voting systems were recorded as per any voter's intent.

While many of the vulnerabilities in GA's terrible voting and tabulation systems have been publicly known for years, the fact that the security at Kennesaw's Center for Elections is even far worse than ever imagined is both new and absolutely chilling in regard to both Georgia elections, and all others across the country, as I explain in detail on today's program.

Beyond that nightmarish report today, we also cover two different fatal attacks on Muslims over the past 24 hours, one in London and one in Virginia (and Donald Trump's failure to comment on either of them); The new Democratic strategy to slow down progress on the Obamacare replacement bill being crafted by Senate Republicans in complete secrecy, without public hearings or amendments in advance of a possible floor vote on the controversial legislation before the July 4th recess; And, the U.S. shoots down a Syrian bomber over Syria in violation of international law and without any authorization (or complaint or debate) from Congressional Republicans or Democrats alike, even as the weekend incident has drawn the wrath and potential targeting of U.S. aircraft over Syria by its ally Russia...

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

Several other recent programs in The BradCast's series of reports leading up to the GA-06 U.S. House Special Election:

  • 4/4/2017: Computer and e-voting expert Barbara Simons on the initial reports of a "massive breach" of the state voter database files at Kennesaw State University
  • 5/8/2017: Garland Favorito of election watchdog VoterGA.org on the group's disturbing analysis of the central computer tabulator failure on the night of the April primary in GA-06.
  • 6/6/2017: Election integrity expert Marilyn Marks on her lawsuit demanding hand-counted paper ballots in the GA-06 race.
  • 6/12/2017: Diebold document whistleblower Steven Heller on Diebold caught lying in California in 2004 about the exact same machines still used in Georgia in 2017. (CA decertified them after Heller's disclosure.) And on the NSA analysis recently released by NSA contractor Reality Winner on spear-phishing attacks that may have allowed access to the voting system computers of election officials across the country prior to the 2016 Presidential election.

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Guest: Craig Holman of Public Citizen...
By Brad Friedman on 6/2/2017 6:20pm PT  

On today's BradCast: The political price of becoming the world's pariah, and new documents finally released by the Trump Administration prove yet again that they are doing anything but "draining the swamp" as promised.

The brutal fallout, including both nationwide and worldwide condemnation for President Trump's regrettable decision to pull the US out of the historic Paris Climate Agreement, continues as the Administration tries and lies to explain the wildly irresponsible and seemingly senseless move, while also working hard to avoid answering whether or not the President of the United States still believes that climate change is a "hoax", as he's previously asserted.

As that story unfolded this week, the Administration was finally forced to release the ethics waivers they say were granted to dozens of White House and executive agency officials allowing them to avoid ethics requirements set out in Trump's Executive Order issued, purportedly, to keep corporate lobbyists out of the government and ensure those working for the Administration did not work with companies whose employ they had just left.

But getting the waivers released at all was "like pulling teeth," according to my guest today, Craig Holman, the long time Government Affairs lobbyist, specializing in campaign finance and government ethics at Public Citizen. He joins us to discuss what is revealed by the waivers released by the White House so far, and why Trump's approach to ethics guidelines cannot even be compared to previous Administrations. "There is a sea-change of difference between the Obama system and the Trump system," he says, describing how even though Obama issued some waivers himself, he did so only in line with "a very tough legal standard" and only after it was "demonstrated that no one else could do the appointee's job."

Trump, on the other hand, "eliminated any criteria for issuing waivers" and even went a step further by failing to disclose them until group's like Holman's and the aggressive current head of the Office of Government Ethics (OGE), Walter Shaub, required White House Counsel Don McGahn (who also apparently waivered himself!) to do so.

In addition to top White House officials like Steve Bannon, Kellyanne Conway and Reince Priebus receiving waivers, Holman explains, "We saw people like Shahira Knight, who was a lobbyist for Fidelity on retirement issues, stepping in to the White House and being the special adviser for retirement issues, which would appear to be a violation of the ethics Executive Order. But was she issued a waiver? We didn't know. So we're banging at the door of the White House wondering what was going on." (As it turns out, yes, she got one too.)

Holman is more troubled still by the fact that almost all of the waivers seem only to have been created this past Wednesday, in order to meet a disclosure deadline on Thursday. "I've gone through each and every waiver, and almost all of them are undated, and unsigned," he says. If it's true that they were issued retroactively, Walter Shaub, the Director of the OGE told the New York Times, "There is no such thing as a retroactive waiver...You have violated a rule." Richard Painter, George W. Bush's White House ethics lawyer told the Times,"The only retroactive waiver I have ever heard of is called a pardon."

But what punishment exists for violating Executive Orders and ethics rules, even though both supposedly carry "the force of law"? And who, exactly, would enforce such violations, anyway? White House Counsel Don McGahn? Attorney General Jeff Sessions? Can groups like Public Citizen sue for enforcement? We discuss all of that and much more with Holman today.

Finally today, an iceberg the size of Delaware is on the brink of falling off of an Antarctic ice shelf; the Special Counsel's investigation of the Trump Administration may reportedly be widening to include a probe of AG Jeff Sessions himself; and what is likely the real (and disturbing) reason that Trump ultimately decided to pull out of the Paris Accord? All of that and much more on today's BradCast!...

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

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Guest: Former White House economic adviser Seth Hanlon | Also: Latest on Manchester Bombing, FBI Trump investigation, more...
By Brad Friedman on 5/23/2017 6:25pm PT  

On today's BradCast, the Trump Administration introduces what economists --- on both the Right and Left --- are describing as a massive 2 trillion dollar accounting error (or, less generously, 'fraudulent' numbers) in their new budget proposal introduced today. And we get caught up on the latest late updates on yesterday's Manchester Bombing and the FBI's ongoing investigation of Team Trump. [Audio link follows below.]

As Trump continues his overseas trip, the White House released his Budget Policy plan in full, including some $1 trillion in cuts to social programs, billions of dollars of increases in defense spending and what they describe as deficit reduction measures over the next 10 years. The plan, if enacted, would deeply slash programs from Medicaid to Social Security Disability Insurance to food stamps to financial student aid to agricultural subsidies relied upon by an enormous number of Trump voters.

But, aside from those cruel cuts, as our guest today, former Obama Administration tax policy adviser Seth Hanlon explains, the budget includes a huge, $2 trillion accounting error. Actually, Hanlon described it last night in a Twitter rant as '[Bernie] Madoff-level accounting fraud...designed to fleece vulnerable people'. Others today, including conservative budget experts, also describe the gimmick Team Trump uses to hide the decline in revenue as fraudulent --- or "impossible magic math" --- in that it counts the same (questionable) claims for increased revenues from massive tax cuts twice! Once to pay for the $5.5 trillion in tax cuts themselves, and then again to pay for $2 trillion in revenue in the Trump budget.

As Hanlon details, it's quite a trick! An impossible one, in fact, which he doesn't believe to be an accident, describing it as a "$7.5 trillion lie."

"In their budget," he explains, "they just pretend that this $5.5 trillion in tax cuts does not exist. And then at the same time...they say that the economy is going to grow by a full percentage point every year, so the economy is going to grow by 3% a year...And because of that extra economic growth --- and there's not much basis to think there would be that growth --- that brings in an additional $2 trillion of revenue. So they include that extra $2 trillion of revenue in their budget, while at the same time not including...the tax cuts that are supposedly producing that magic growth that results in the $2 trillion."

Hanlon, now a Senior Fellow at Center for American Progress, previously served as special assistant to President Obama for economic policy at the White House National Economic Council, coordinating the Obama administration's tax policy. He calls the Trump scheme "a deliberate decision simply to wave a wand and take the entire $5.5 trillion cost of the tax cuts out of the budget," adding that he "can't find anybody who actually defends it," including so-called conservative deficit hawks. We also discuss the cruel nature of many of the cuts, despite its unlikeliness to get very far as written, even in the Republican controlled Congress.

Finally, Desi Doyen joins us for the latest Green News Report with details on the "slash and burn" environmental aspects of the budget plan and for some good news out of Switzerland. (We'll take it!)

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

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Guest: Former Asst. DA Ames Grawert of Brennan Center...
By Brad Friedman on 5/19/2017 6:38pm PT  

So who is the "nut job" here? On today's BradCast, Trump appears to have dug himself even deeper into the Obstruction of Justice mire and, speaking of "justice", Attorney General Jeff Sessions rolls back bi-partisan gains on criminal justice reform made during the Obama Era. [Audio link for show follows below.]

A new report today from the New York Times alleges that, during his Oval Office meeting with the Russian Foreign Minister and Ambassador last week, the day after he'd fired James Comey, President Trump described the former FBI Director as "crazy" and a "real nut job". He reportedly explained that he'd been under "great pressure because of Russia," but that pressure had been lifted due to his firing. If accurate, the new report, said to have been based on documentation of the meeting from the White House itself, could serve as more evidence of Obstruction of Justice by the President, who has now departed for a nine day overseas trip.

Foreign diplomats are reportedly making special preparations to deal with Trump in the Middle East and Europe, including plans to compliment him on his Electoral College win, and by keeping presentations short enough for his, um, limited attention span.

But lost among the sturm und drang over the Comey firing and related dramas over the past week or more is the fact that Trump's executive agencies, such as the EPA, the Department of Interior and Department of Justice, are all moving ahead with some pretty troubling policies. Among them, Attorney General Jeff Sessions' harsh new guidelines requiring federal prosecutors to charge defendants with the "most serious" crimes possible in order to, among other things, force judges to impose mandatory minimum sentencing. This comes even while the U.S. has less than 5% of the world's population, but nearly one quarter of its prisoners.

The new Trump Administration policies, rolling back progressive Obama Era reforms, are being enacted despite decades of plummeting crime rates and broad bi-partisan efforts for criminal justice reform, both at the state and federal levels, according to my guest today, former New York Asst. District Attorney Ames Grawert, now counsel at the Justice Program for NYU's Brennan Center.

Grawert, co-author of the new report, A Federal Agenda to Reduce Mass Incarceration, speaks to the Trump/Sessions claims that crime is rampant and ravaging the nation, despite all evidence to the contrary. "Fear sells," he tells me. "He [Trump] and Sessions need something to convince people that there's a need to embrace these draconian blast-from-the-past policies on mandatory minimums."

About those policies, Grawert laments, "Whether you come to it as a conservative from a moral angle, a religious angle, or simply a budgetary common sense angle, there's a lot of Republicans who are willing to say that criminal justice reform is an imperative for the country. It's shocking that Sessions [when he served as U.S. Senator, blocking a bi-partisan reform bill] was not one of them."

Obama's Deputy Attorney General Sally Yates (yes, that Sally Yates), had issued a memorandum last year instructing federal prisons to end contracts with private prison corporations for a number of reasons supported by both Republicans and Democrats. "Sessions rescinded that very early in his tenure," Grawert notes, "with an ominous declaration that it was needed to meet the quote 'future needs of the federal correctional system.'"

"The problem is that when you have mandatory minimums like these, and when you have an order like the one Sessions just put out last week preventing prosecutors from deciding how they are going to charge a case, it takes a lot of the discretion out of the hands of prosecutors. So, rather than making sure that they, who know the case best of all, are able to help the judge fit the punishment to the crime, you have prosecutors with their hands tied, required to seek a draconian sentence that they, themselves, and that judges also may not feel is actually called for."

"The one thing we learned from the last thirty years or so, is that the federal government's power of the purse, and the tone set in Washington, they carry a lot of weight at the state level," he tells me. "So if you have an attorney general saying, look, we need to send more people to jail for longer, you shouldn't think for a minute that people in states, people running for D.A., people running for governor's house, won't listen to that and take their cues from that."

Please listen to the full show with much more on all of the above right here...

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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Guests: Carleton Bowekaty & Matthew Campbell of the Bears Ears Inter-Tribal Coalition | Plus: The latest insanity from the Comey firing fallout...
By Brad Friedman on 5/11/2017 6:28pm PT  

On today's BradCast, the fallout from the James Comey firing swirl further out of control, as I suspect it will for quite some time, while other disturbing Administration policies move forward with much less focus from either media or Congress. One such policy is Trump's recent Executive Order calling for the dismantling of National Monuments --- "public land grabs" and "outrageous abuses of power", as he has taken to incorrectly describing them --- on behalf of corporate drilling and mining interests. [Audio link to show follows below.]

The madness of King Donald continues to devolve at now breakneck speeds, as the White House and an increasingly enraged Trump continue their unsustainable spinning, flip-flopping and nonsensical rants concerning the President's sudden firing of the FBI Director earlier this week under an obviously phony pretext. The need to create fresh lies to cover up older ones is also creating fresh perils for those foolish enough to enter Trump's orbit, like Deputy Attorney General Rod Rosenstein. So, we've got the latest on all of that, including an interesting suggestion for Comey's permanent replacement, a bit of pushback from his Acting replacement, and some ill-considered admissions about the entire affair by Trump himself.

Meanwhile, as Trump keeps digging, and the media and Congress continue (justifiably) to obsess about and investigate it all, the Administration's other corrupt policy measures move forward with measurably less attention. Among those efforts is the unprecedented attempt to roll back National Monument designations by the three previous Presidents, including the Obama-designated Bears Ears National Monument in southern Utah.

In response to an Executive Order signed in April, U.S. Interior Secretary Ryan Zinke is touring the area this week, where more than 1 million acres of land that is sacred to Native Americans and home to tens of thousands of archaeological sites, including ancient cliff dwellings, are now being reviewed on behalf of Trump, Congressional Republicans and corporate fossil fuel interests.

Joining us today to describe the local, tribal efforts to protect these native public lands --- and the Utah Congressional delegation's efforts to undermine them (literally) --- are Carleton Bowekaty, a Zuni Tribal councilman and co-chair of the Bears Ears Inter-Tribal Coalition, and Matthew Campbell, attorney with the Native American Rights Fund.

They both explain the reasons why the Antiquities Act of 1906 was invoked by President Obama to protect the lands; speak to some recent "extremely offensive" comments by Sen. Orrin Hatch (R-UT); and the absurdity of Trump describing these designation of federal lands as national monuments as "federal land grabs".

Finally today, Desi Doyen joins us for the Green News Report, with news on the Administration's deliberations regarding the landmark UN Paris Climate Agreement, the latest on the nuclear emergency in Washington state, and much more...

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: Constitutional law expert Ian Millhiser of ThinkProgress Justice...
By Brad Friedman on 5/10/2017 6:03pm PT  

On today's BradCast, as you might have guessed, we pick up on the news that broke mid-show yesterday of Donald Trump's stunning and sudden firing of FBI Director James Comey, while the fallout and reeling continues in D.C. and across the nation today. [Audio link to show follows below.]

The pretext for that firing, which even some on Fox "News" describe as "almost inexplicable", was Comey's alleged mishandling last year of the Bureau's investigation into Hillary Clinton's use of a private email server while Sec. of State, according to a letter [PDF] written by new Deputy Attorney General Rod Rosenstein.

A handful of Republican Senators (though some key ones) have expressed concern or "disappointment" over "the timing" of Trump's unprecedented firing of the FBI chief, which appears to have caught just about everybody by surprise, even as investigations continue at both the FBI and Congress into Trump and members of his campaign regarding allegations of undeclared ties to Russia and/or other foreign nations both during the campaign and after the election.

Democrats, meanwhile, are outraged by Comey's firing, despite their furor about the way he oversaw the Clinton probe last year during the run-up to the Presidential election. They are calling for a special prosecutor to be named by Rosenstein at the DoJ and an independent bi-partisan special committee to be named by Congress to investigate all of this. Many are comparing Trump's dismissal of Comey to Nixon's "Saturday Night Massacre" at the height of the Watergate investigation, others describing it as "a grotesque abuse of power by the President", while some Congressional Democrats are citing this moment as "a full-blown Constitutional crisis."

Joining us today to try and explain what is or isn't going on here, and whether it amounts to such a Constitutional crisis, full-blown or otherwise, is author and Constitutional law expert Ian Millhiser of ThinkProgress Justice. He explains the legitimate complaints against Comey, while making the case that his firing was little more than an effort by Trump to disrupt the FBI's ongoing Russia probe.

"What is the emotion you're supposed to feel when the biggest villain in the United States fires the second biggest villain in the United States?," Millhiser wryly asks, before detailing the legal underpinnings for Trump's move, whether any of it is in violation of the law or the U.S. Constitution, and whether Rosenstein or his new boss, Attorney General Jeff Sessions, acted inappropriately in collusion with Trump and the White House.

"The story of the last nine years of American politics," he goes on to explain, "has been that people like Trump, and Jeff Sessions, and James Comey, and Mitch McConnell --- maybe I shouldn't lump Comey in with them because I don't know that he was necessarily acting in bad faith in the way that some of the other ones are --- but people have figured out that we don't have a system of rules that prevents you from doing a lot to blow stuff up, and that prevents you from engaging in a lot of sabotage. What we have are norms that people just didn't violate because they cared enough about the United States of America not to do so."

Those days, Millhiser argues today, appear to be over --- at least as of right now --- in these United States.

Finally, we close with a tiny bit of good news today --- thanks, in part, to the surprising vote of at least one Republican Senator --- regarding the GOP's continuing attempt to roll back Obama Administration fossil fuel-related regulations on public lands...

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

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Guest: Brendan Fischer of Campaign Legal Center...
By Brad Friedman on 5/4/2017 6:31pm PT  

On today's BradCast, House Republicans finally pass the American Health Care Act (AHCA) --- a bill to repeal and replace the Affordable Care Act ('ObamaCare') --- but at what cost? Also: Donald Trump signs a bill that pretends to protect religious liberties. But what does it really do? [Audio link to show follows below.]

It's difficult, if not impossible, to know the real cost of the Republicans' ACHA, since House Speaker Paul Ryan refused to allow the bill to be analyzed first by the non-partisan Congressional Budget Office before forcing a vote in the House today. Instead, it was rammed through with a very narrow margin of all-Republican votes just hours after the final text was made available to members. That, as you'll recall, is exactly what Republicans used to pretend Democrats did during the 13-month process to pass ObamaCare in 2009 and 2010.

The costs, however, are likely to be enormous to the American public, if the bill gets through the Senate and is signed by the President, particularly to the poor, the elderly, the more than 25% of Americans with pre-existing conditions, and to those who found themselves filing bankruptcy due to medical expenses prior to the passage of ACA. The political cost to House Republicans, however, who left today for yet another 11-day recess, may be a whole different matter. The CBO predicted 24 million Americans would lose their health care coverage in the next decade under the GOP's failed plan six weeks ago. This version is likely to be much worse.

Also today, Donald Trump signed another one of his Executive Orders. This one pretends to counter the "religious discrimination" of the Johnson Amendment, a piece of otherwise almost 70 year old, non-controversial, bipartisan legislation originally signed by President Eisenhower, barring tax-exempt non-profit groups, like churches, from explicitly endorsing or opposing candidates for office. But what's the real point behind Trump's otherwise empty action today? And why is the religious Right so eager to see Trump "get rid of and totally destroy the Johnson Amendment," as he promised at the National Prayer Breakfast in February, just weeks after taking office?

Brendan Fischer, associate counsel at the Campaign Legal Center, joins us to explain this move that could ultimately result in allowing even more "dark money" to make its way into politics and elections. And, this time, while giving secret political funders a tax deduction for it in the bargain!

"We, as taxpayers, are subsidizing these groups, and we are not subsidizing these groups to offer wealthy donors a tax deduction for their secret political spending," Fischer explains. The Johnson Amendment, so-named for its original sponsor, then Sen. Lyndon Johnson, was enacted in response to a "dark money" attack against him during his 1954 reelection campaign by a non-profit, tax-exempt group.

While Presidential Executive Orders don't actually have the power to reverse legislation (whether this President understands that or not), Trump is pretending that his order will prevent the IRS from "targeting" religious institutions, as he and his evangelical allies claim to be the case, despite all evidence to the contrary.

"The Johnson Amendment is not targeting churches at all," says Fischer. "Because donors to these churches and charities get a tax deduction for their donations, 501(c)3's are prohibited from engaging in political activity. The reason that taxpayers are effectively subsidizing these groups is for their charitable, or religious or social welfare oriented activities, not for their political activities and partisan political engagement." But, of course, the religious Right would like to change that, and Trump appears more than willing to try and help.

The greater danger is that a provision to reverse the rarely-enforced Johnson Amendment could be slipped into upcoming legislation. Then, warns Fischer, churches and charities could potentially become what he describes as "super dark money groups" --- as if we don't already have enough problem with dark money in politics!

Finally: Fox "News" offers one more example today of the Right finding all new ways to pretend that they are victims. This time, if you believe Fox's fake news about a recent shooting, climate "skeptics" are becoming victims of those 'violent and dangerous' environmentalists...

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Callers ring in on that, Hillary's explanation and NYT's new climate denier...
By Brad Friedman on 5/3/2017 5:38pm PT  

On today's BradCast, Hillary Clinton and FBI Director James Comey are both still explaining what exactly happened last year, and callers ring in with lots of thoughts on both of them. [Audio link to show follows below.]

Comey returned to Congress on Wednesday to testify before the U.S. Senate Intelligence Committee on his decision to announce the re-opening of the investigation into Clinton's private email server just over a week before last year's November 8th election. The testimony, in which Comey describes his two choices as being either "really bad or catastrophic", comes one day after Clinton cited that decision as one of several causes for her loss in the Presidential Election last year.

Today, we offer some extended clips from Comey's testimony and Clinton's commentary, before taking listener calls in response to both, as well as on the New York Times controversial decision (as discussed in more detail on yesterday's show) to hire climate science denier Bret Stephens for its op-ed page.

Also, Desi Doyen explains the Trump Administration pending decision on whether to pull out of the landmark U.N. Paris Agreement to curb greenhouse gas emissions, and possibly the entire U.N. Framework Convention on Climate Change. Also, she joins us for latest Green News Report', as Donald Trump rolls back safety regulations for off-shore drilling, implemented by the Obama Administration following the 2010 BP Gulf Oil Disaster...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 4/27/2017 11:22am PT  

IN TODAY'S RADIO REPORT: Trump moves to review and maybe revoke national monuments; Florida governor calls out National Guard to fight drought-fueled wildfires; Even oil companies now predict a surge in electric cars; People's Climate March on Saturday to demand climate action; PLUS: Sea level rise estimates doubled thanks to melting Arctic... All that and more in today's Green News Report!

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Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Trump White House Is At War With Itself About Climate Change; U.S. Power Demand Flatlined Years Ago, and It's Hurting Utilities; Faucets Go Dry Near South Carolina Mega-Farms; Nearly 400 Military Bases Must Be Tested For Drinking-Water Contamination; Trump's Plan To Kill Energy Star Could Benefit His Properties; Global warming is sharply raising the risk of 'unprecedented' events... PLUS: As Zika Season Nears, States Brace for an End to CDC Funding... and much, MUCH more! ...

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




Also: The news fire hose is back on as Congress returns from recess and Trump gets desperate with '100 Days' milestone approaching...
By Brad Friedman on 4/26/2017 6:17pm PT  

On today's BradCast: Yes, it matters why we go to war and when we go to war and where we go to war --- even if the U.S. media (right, left and center) and U.S. Congress (Republicans and Democrats) would rather not discuss it. [Audio link to show follows below.]

But, first today: As Donald Trump nears his 100th day as President and Congress returns from their two week Easter recess, the news fire hose is back on, with House Republicans announcing a new amendment to their previously failed scheme to try and repeal and replace Obamacare. The new plan will likely cover less and be even worse for the sick and elderly than their previous plan, but it does exempt members of Congress and their staffers from the worst of it. At the same time, Trump's Treasury Department has unveiled a hastily-released, deficit-increasing, "trickle down", tax cut for corporations and individuals. And, in more desperation to distract from his lack of success during his first 100 days, Trump also goes to war with Canada! (a trade war anyway...and via Twitter!).

Then: On that whole war thing, where we now, apparently, bomb sovereign nations without discussion, debate, authorization, media skepticism or evidence --- Listeners ring in with calls, comments and emails in response to our interviews earlier this week with MIT Professor Emeritus Theodore Postol and with Consortium News' Robert Parry, both of whom question the evidence hastily released in a White House report on April 11 to justify Trump's April 6 cruise missile attack on Syria. That attack is said to have been in response to a deadly April 4 chemical weapons incident two days earlier in the rebel-held province of Idlib. But why have the U.S. media failed to question the evidence presented by Trump (not by the U.S. Intelligence Community), and why has Congress failed to debate, much less Constitutionally authorize, Trump's military action? And, hey, why does it all matter anyway, since everyone knows Bashar al-Assad is a bad guy and every President needs a military "doctrine" after all?! We discuss all of that and much more today...since, apparently, somebody has to.

Finally, Desi Doyen joins us for the latest (unusually encouraging) Green News Report and with a heads up in advance of this weekend's People's Climate March...

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Guest: Journalist Robert Parry of Consortium News | Also: Media failure on Science March; AR kills again; Trump blocked again by federal court...
By Brad Friedman on 4/25/2017 6:28pm PT  

On today's BradCast, Donald Trump may be failing in the courts, in Congress, failing the planet itself, but when it comes to military adventurism in Syria, the U.S. media --- left, right and center --- all seem to be fully on board. That, despite the lack of independent evidence supporting the White House's justification for its unauthorized, unconstitutional, and likely illegal April 6 cruise missile attack on the sovereign, if war-torn Middle East nation. [Audio link to show follows below.]

Today, we follow-up yesterday's interview with Theodore A. Postol, MIT Prof. Emeritus of Science, Technology and National Security Policy, by speaking with independent investigative journalist Robert Parry of Consortium News, who recently asked: "Did Al Qaeda Fool the White House Again?"

We discuss Postol's analyses, as covered in detail on yesterday's show, charging that the evidence presented by the White House to justify its military attack on Syria --- purportedly in response to a deadly April 4 chemical weapons incident allegedly carried out by Bashar al-Assad's government against civilians in the rebel-held Idlib province --- does not support the claims being made by the Administration and echoed uncritically by the U.S. media.

Parry, formerly an Associated Press reporter who helped break the Iran-Contra scandal in the mid-80s, responds to my questions about the remarkable lack of media coverage of Postol's analyses (if only to debunk them), as well as the seemingly complete lack of skepticism by the entirety of the U.S. corporate mainstream media on Syria and other recent U.S. military adventures. That, even after having been fooled before (Iraq, is just one example), and otherwise claiming a new found interest in fact-checking and skepticism in the Trump Era.

"We've seen now a recurring situation," says Parry. "We had the case of the Iraq War, where you might've thought 'well, after that, the New York Times and the Washington Post and others will be more skeptical and more self-critical about the need to show skepticism'. But that hasn't happened. In fact, it's gone increasingly in the other direction."

"For the first two months or so of his Presidency, everything he said was put under a microscope and often laughed at, often rightly so," he tells me. "So there's been this attitude that this guy is not to be trusted on anything he says. Yet, he immediately jumps to a conclusion, way before there could've been any serious intelligence analysis of it, that Assad was responsible for this incident, and the mainstream media completely flipped around and just rallied to his position and then refused to listen to any alternative points of view on this."

As a former mainstream journalist himself, before founding Consortium News in 1995 as "the first investigative news magazine on the Internet," Parry speaks to the "tremendous downside to your career if you ask too many questions" in the corporate media, whether covering Republican or Democratic administrations.

Parry describes some of "serious questions" raised by Postol analyses concerning "not only the logic" behind the alleged sarin attack that seems wildly counter-intuitive for Assad to have carried out, "but the evidence that's been presented in connection with the April 4 incident."

Also today: CNN and CBS fail miserably during their coverage of last weekend's worldwide March for Science by offering platforms to fossil-fueled climate change denialists; Arkansas kills two more prisoners; Federal court blocks Trump's Executive Order concerning "sanctuary cities" and Trump, the self-declared "Great Negotiator", reportedly folds once again like a paper tiger, this time concerning budget threats for his long-promised Mexican border wall...

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Guest: MIT's Professor Emeritus of Science, Technology and National Security Policy, Theodore A. Postol...
By Brad Friedman on 4/24/2017 6:58pm PT  

On today's BradCast: Just days after the April 4 chemical attack in Syria's rebel-held Idlib province, the U.S. launched 59 Tomahawk cruise missiles against the air base said to have been where Bashar al-Assad's government launched an alleged sarin attack that reportedly killed some 80 civilians, including many children. But how much of the evidence of the chemical attack has actually been independently confirmed? My guest today charges that the evidence offered by the U.S. to justify its military response is entirely false. [Audio link to complete show is posted at end of article below.]

The horrific aftermath of the release of the nerve agent was seen in videos played around the world, and said to have been the impetus for Donald Trump reversing his position on Syria, which he had, for years (and even just days earlier), said we should stay out of. Nonetheless, without debate or Constitutional approval by the U.S. Congress, we launched a military assault on yet another sovereign nation and today the Administration announced a series of tough new sanctions against the regime. But there has yet to be any findings from an international investigation of the incident, and evidence supporting the allegations that it was Assad, not the rebels or terrorists he is fighting against, responsible for the attack, was laid out only in a brief, April 11 report issued by the White House --- notably, not issued by the U.S. Intelligence services.

That report, charges my guest today, Theodore A. Postol, Professor Emeritus of Science, Technology and National Security Policy at the Massachusetts Institute of Technology (MIT), cannot possibly be accurate. Furthermore, he says, the April 11 White House Report (WHR), as he details in now four separate analyses he has issued since its release, "was not properly vetted by the intelligence community."

"The report contains absolutely no evidence that this attack was the result of a munition being dropped from an aircraft," as the White House has claimed, Postol finds in his initial analysis [PDF], based on phographic evidence of the crater said to have been caused when Syria dropped a chemical munition. "In fact, the report contains absolutely no evidence that would indicate who was the perpetrator of this atrocity."

Postol is a physicist and rocket trajectory expert who formerly served as a science advisor to the chief of Naval operations at the Pentagon, has been vindicated a number of times over the years concerning similarly skeptical analyses of claims concerning the U.S. military's use of Patriot missile technology in the first Gulf War (see Charlie Pierce's 2005 Boston Globe profile of Postol here), as well as the Obama White House claims about Assad's alleged chemical weapons attack in 2013. He joins me today to explain his analyses and to speak to the remarkable lack of skeptical coverage by the U.S. mainstream media regarding the WHR on the April nerve agent incident.

On the day of Trump's retaliatory attack on Syria, Peter Ford, Britain's former Ambassador to Syria expressed skepticism on BBC News about Assad being behind the chemical attack ("Assad may be cruel, brutal, but he's not mad. It defies belief that he would bring this all on his head for no military advantage," he told BBC at the time.) But in the U.S. mainstream media, no such skepticism has been explored, despite well known misleading intelligence used to justify U.S. military action in the recent past, such as during the lead-up to the Iraq War (which, in turn, opened the door to so much of the violence and war in the Middle East ever since, including in Syria.)

"We again have a situation where the White House has issued an obviously false, misleading and amateurish intelligence report," Postol argues in his first report on the April 4 incident, issued after studying photographic evidence presented by the White House or otherwise publicly available. "What I can say for sure herein is that what the country is now being told by the White House cannot be true [emphasis in original] and the fact that this information has been provided in this format raises the most serious questions about the handling of our national security."

Even the New York Times, which, Postol tells me today, used to cover his analyses in detail, have not bothered to contact him this time --- even to debunk his claims --- for reasons that remain unknown, despite his past track record. In fact, I've been able to find little if any coverage that attempts to debunk his assertions in response to the WHR.

"It is very disturbing to see how uncritical the mainstream press has been of this matter," Postol tells me today. "From my point of view, this may be the most serious event --- with regard to American democracy --- from this whole incident. Because the only way American democracy can function is if the press performs the role of providing accurate information, and also raising questions if those questions deserve to be looked at. And there's no question here that the questions deserved to be looked at."

Writing over the weekend, in his 4th report [PDF] on the matter, Postol charged: "Without an independent media providing accurate and unbiased information to the nation's citizens, the government can do what it chooses without being concerned about the reactions of citizens who elected it. The critical function of the mainstream media in the current situation should be to investigate and report the facts that clearly and unambiguously contradict the government's claims on this matter."

Though we are hardly "mainstream media", we do our best today to fill a bit of the vacuum left by the woefully credulous U.S. reportage on this event --- particularly since it's virtually impossible to know what really went on in the absence of independent investigation --- as the U.S. enters yet another war in the Middle East...

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

Postol's reports on the April 4 chemical incident, to date:

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Guest: Jim Dean of Democracy for America; Also: Trump popularity keeps falling and BP springs another uncontrolled oil well leak...
By Brad Friedman on 4/17/2017 5:56pm PT  

On today's BradCast, with the world on pins-and-needles over the weekend, thermo-nuclear war has been averted on the Korean Peninsula --- at least for the moment. And voters in Georgia head to the polls again on Tuesday for a U.S. House special election, in which they have the opportunity, again, to express their opinions about our current President. [Audio link to full show is at end of article.]

No nuclear weapons, either by North Korea or the U.S., were fired off over a weekend of high tensions amid U.S. Navy battleships sent to the Korean Peninsula as North Korea prepared for their biggest holiday of the year over the weekend. In past years, NK has 'celebrated' by testing firing new missiles or nuclear weapons. This year, Kim Jong-Un did attempt to fire a missile, but it reportedly blew during the launch.

The failure was the latest in an unusual string of similarly failed tests in the isolated nation recently. So, are we now seeing the results of U.S. cyber-warfare, as reportedly launched against North Korea three years ago by President Obama? Administration sources have been dodgy over the weekend, but say they'd prefer something "short of a military option" if possible. That moderation in tone is a bit different than Trump's chest-thumping last week. And, in the meantime, today, he bashed his Democratic predecessors, Bill Clinton and Obama, for their policies in NK, though he failed to mention George W. Bush (on whose watch NK developed their nuclear weapons program in the first place!)

Trump's poll numbers continue to fall, particularly on whether Americans believe him to be someone who "keeps his promises". And, all of that may well be on the mind of voters as they head to the polls for another U.S. House special election on Tuesday in Georgia's 6th Congressional District. This one, to fill the seat vacated by Trump's Health and Human Services Secretary Tom Price.

So, will Democrats have any better luck in picking off the seat from Republicans in Georgia than they did last week in Kansas? Both districts are heavily Republican, but unlike KS-4, which voted for Trump by nearly 30 points last November, he won GA-6 by just over a single percentage point. And, in GA, a popular young Democratic candidate, Jon Ossoff, has racked up a record amount of money for this House race, largely from grassroots activists. He is currently far ahead of a split field of Republicans in the unusual all-party primary, in which a candidate who wins more than 50% of the vote takes the House seat outright. Otherwise, he would go on to face the second place finisher in a June run-off.

Jim Dean, Chair of Democracy for America (the grassroots, progressive organization founded following his brother Howard Dean's Presidential run in 2004), joins us to explain DFA's endorsement of Ossoff and his chances on Tuesday, as well as to discuss his strong critique of the national Democratic Party for failing to adequately support the Dem candidate last week in Kansas.

"It's time we stood up for what we are," Dean tells me, referring to Democratic candidate James Thompson's run in Kansas last week, and Ossoff's in Georgia, as well as national party Democrats' fear of running as progressives. "When we do, we win. Especially at a time like this, when even Trump voters realize they're being marginalized."

"Real progressive candidates are the key to Democrats winning. 'Republican Lite' doesn't work. Real progressive candidates usually reflect the majority of values of America, particularly when it comes to issues that surround economic inequality. We think if you're a real progressive running anywhere, you've got a better shot at winning, even in West Virginia," he argues.

Dean also rings in with a thought or two on the 100% unverifiable Diebold touch-screen voting systems that Georgia is once again forcing on voters, even after the organization that programs all of them was said to have been hacked just last month. We also discuss next month's upcoming Special Election for the U.S. House in Montana, where Dems have put forward a popular and populist candidate, Rob Quist, and whether the DNC, in 2018, will finally return to its "50-state strategy" initially championed by his brother Howard when he ran the DNC --- and seemingly abandoned thereafter. On that front, Jim has both encouraging and not-so-encouraging news for progressives.

Finally, we close today with the latest on the BP oil well that sprung two leaks and has been spewing both crude oil and natural gas onto Alaska's North Slope near Prudhoe Bay since last Friday...

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

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Guest: Slate's Mark Joseph Stern...
By Brad Friedman on 4/7/2017 5:31pm PT  

On today's BradCast, the world and the U.S. Congress respond to Trump's bombing of Syria earlier this morning, even as Republicans in the Senate complete their unprecedented theft of the U.S. Supreme Court. In a related matter, an appellate court issues a landmark expansion of the Civil Rights Act. [Audio link to show is posted below.]

While many in the corporate media are joining a number of world leaders and members of Congress in celebrating Donald Trump's cruise missile attack on a Syrian air base days after an horrific chemical attack in the country, Russia is citing the action as a "significant blow" to U.S.-Russia relations and an act of "aggression" in violation of international law. Moreover, a number of Congress members, both Republican and Democratic from both chambers, are similarly citing Trump's attack as "an act of war" that is unlawful under the U.S. Constitution, as well as ill-considered and dangerous on several levels. Congress itself has now scuttled away for a two-week holiday recess, after refusing to even debate U.S. action in Syria more than 4 years, in the wake of some 400,000 deaths in the war-torn country.

At the same time, before heading home for the holidays, as the nation, the media and world were otherwise distracted today, Majority Leader Mitch McConnell and Senate Republicans finalized their historic judicial coup by confirming "Justice" Neil Gorsuch to the Supreme Court with a simple majority after unilaterally changing Senate rules to kill the right to filibuster SCOTUS nominees in the wake of their year-long refusal to hold a hearing or a vote for Barack Obama's nominee Judge Merrick Garland.

Then, following a landmark 8 to 3 bi-partisan Civil Rights Act ruling this week by the full 7th Circuit Court of Appeals (where most of the judges were appointed by Republicans and are considered quite conservative), Mark Joseph Stern, legal reporter for Slate, joins us to explain why he sees the decision as a precedent-setting "thunderbolt" for civil rights and the LGBTQ community.

The case involves a community college which was found sued for having discriminated against a woman in its employment practices on the basis that she was gay. The ruling, as Stern details, is the first time an appellate court has extended the Civil Rights Act to include protections against workplace discrimination on the basis of sexual orientation in addition to simply race and gender.

"What the 7th Circuit majority said was, look, it is logically incoherent to remove sexual orientation discrimination from the concept of sex discrimination. When an employer discriminates against a woman for dating another woman, he is discriminating against her explicitly on the basis of her sex. If she were a man dating a woman, then she would not face discrimination. If she were a woman dating a man, then she would not face discrimination. It is only because she is a woman and she is associating intimately with other women that she faces this kind of discrimination," Stern explains.

The case is likely to have broad national implications and will be "impossible to ignore" at the Supreme Court, says Stern. It's also important thanks to Reagan-appointed conservative Judge Richard Posner's opinion in which he argues that courts, as Stern short-hands it, "should interpret statutes in a manner that 'infuses' them 'with vitality and significance today' rather than relying on their original meaning. Posner contrasted this theory with the conservative 'originalism' championed by Justice Antonin Scalia." That is no small matter as it's being sung out by Posner, the Supreme Court's most cited federal jurist of the 20th century. (And, incredibly enough, even the far-right activist Judge Frank Easterbrook joined the majority in this case!)

Stern also discusses what we should expect when and if the case is heard by what he also considers to be a "stolen" Supreme Court in the wake of the GOP's illegitimate confirmation today of Gorsuch.

Finally, Desi Doyen joins us with the latest Green News Report with an unconscionable corporate media failure, and as the GOP-controlled U.S. House Science Committee shamefully uses McCarthy-esque tactics to put science itself on trial...

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Guest: Constitutional law and SCOTUS expert Ian Millhiser; Also: Trump eyes military response against Syria...
By Brad Friedman on 4/6/2017 6:03pm PT  

Today on The BradCast, Republican Senate Majority Leader Mitch McConnell's theft of the U.S. Supreme Court is nearly complete after his use of the so-called "nuclear option" today and his blatant, continuing lies in support of it. Also, concern grows about Donald Trump's reaction to this week's chemical attack in Syria on a dark day for both the country and the world. [Audio link to show follows below.]

As of today, it's almost done. McConnell's scheme to steal the Court majority for a generation on behalf of the GOP is now virtually a fait accompli with his procedural maneuver to kill the use of filibusters for SCOTUS nominees in light of the Democrats' attempt to block the confirmation of Judge Neil Gorsuch. The Senate rules change comes as McConnell continues to lie about his unprecedented obstruction of Barack Obama's nominee for the same seat, Judge Merrick Garland, for more than a year following the death of Justice Antonin Scalia in February of 2016.

Constitutional law expert Ian Millhiser, author of a recent book on SCOTUS and its widening political divide, joins us today to help explain what all of this is likely to mean for the Senate, the Court and the country in both the short and long-terms. None it very good, I'm afraid.

"I'm not the least bit surprised," that there were not three Republican Senators willing to step forward today to block McConnell's rule change with a simple majority vote, Millhiser, the Editor of ThinkProgress Justice, tells me. "After you make the deal with the Devil that leads to you supporting Trump in the White House, going one step further and saying 'we're also going to change the rules of the Senate' - that's not too heavy of a lift all of a sudden."

"It's absolutely a stolen seat. This is the Merrick Garland seat," he charges, referring to the Republican's years-long blockade of Garland and failure to even hold hearings, much less an up or down vote. "The block of Democrats who voted against Gorsuch represent more than 53% of the nation. So, the only reason this guy is going to be on the Supreme Court is because a President who lost the popular vote by nearly 3 million votes nominated him, and a group of Senators who represent a minority of the country, are going to vote to confirm him."

Millhiser also offers his thoughts on whether the filibuster for legislative actions may be next on the GOP Senate's chopping block, whether Democratic then-Majority Leader Harry Reid made a mistake by nuking the filibuster for non-SCOTUS judicial nominations back in 2013 (and we discuss what actually happened that led up to it), and what, if anything, Americans can now do to try and reverse the dangerous course the nation is clearly on.

Speaking of dangerous courses...Also today: Trump bangs the drums of war in response to the horrific chemical attack in Syria this week, despite his previous insistence that Obama and the U.S. stay out of the matter (even after an even more deadly chemical attack there in 2013) and despite the lack of international investigation, to date, as to who and what was behind the incident. And, finally, we close with a bit of good-ish news (the best we can find on a grim day) concerning a significant change in the way Americans, including Republicans, now view the Affordable Care Act in the five short months since last year's election.

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