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Latest Featured Reports | Friday, March 29, 2024
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It's Up to You, New York: 'BradCast' 3/21/24
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Corporations 'Taking a Bazooka' to NLRB, Hoping to Declare it 'Unconstitutional': 'BradCast' 3/18/24
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How to Media Better and Other Smart Ideas:
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VA GOP VOTER REG FRAUDSTER OFF HOOK
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The Secret Koch Brothers Tapes...


Guest: Susan Greenhalgh of Nat'l Election Defense Coalition; Also: CA shooting; Deval jumps in; Bevin concedes; Trump loses (again); More...
By Brad Friedman on 11/14/2019 6:24pm PT  

With a brief break in the hot impeachment action, we're able to pick up on a couple of stories on today's BradCast that got buried yesterday, some breaking news from today, a continuing story that should have everyone's hair on fire right now (in advance of the 2020 elections!) and, sadly, the story that already has the planet on fire. [Audio link to show follows below.]

First, some quick news on today's school shooting in Southern California, north of Los Angeles, where a 16-year old shot five students from 14 to 16-years of age. So far, two are reported dead and the shooter is said to be in grave condition from a self-inflicted wound from his .45 caliber semi-automatic pistol.

On Wednesday, Trump lost yet again in one of his many different lawsuits seeking to block the release of his taxes to Congress and state prosecutors. The latest defeat was the refusal yesterday by the full U.S. Court of Appeals in D.C. to rehear his lawsuit seeking to block the U.S. House Ways and Means Committee's subpoena of his accounting firm, Mazars USA, seeking several years of his financial records. With that loss, the case will now almost certainly be going to the Republican's stolen U.S. Supreme Court (on which two of Trump's appointees now sit). And in Trump's separate and so-far-similarly unsuccessful suit in federal court in New York, seeking to block the release of tax documents from Mazar's in the state's criminal probe involving Trump's hush-money payoffs before the 2016 election to women with whom he was having affairs, his attorneys on Thursday officially filed their appeal with SCOTUS.

In elections news, former Massachusetts governor Deval Patrick, a conservative Democrat, has announced his late entry into the race for the 2020 Democratic Presidential nomination. And both Trump and Republicans are going all in to try and win the Gubernatorial runoff this Saturday in Louisiana, in hopes of avoiding another Kentucky-style embarrassment.

Last week, Trump went all in for KY Governor Matt Bevin, who reportedly came up a few more than 5,000 votes shy of defeating Democratic challenger Andy Beshear. Bevin refused to concede last week, however, requesting a recanvass that was carried out by the state today. The procedure --- essentially re-checking the same computer-reported numbers again --- resulted in few changed votes, unsurprisingly. So, Bevin finally announced his concession. But that came only after his election night claims of "well-corroborated" voter fraud, including thousands of illegally cast votes.

While his promise of evidence never materialized in the week since the election, Bevin recently changed his argument to focus on concerns about the state's electronic voting and tabulation systems. While there is scant evidence of problems on that score (all the other Republicans on the statewide ballot last week, other than the unpopular Bevin, won their races), his newly found concerns --- whether he actually means them or not --- regarding the difficulty of voters to oversee and have confidence in the accuracy of electronically-cast and tabulated results, should be taken to heart by voters of all parties. These concerns are real, and could have a devastating effect on next year's elections.

To that end, one need look no further than the many disasters we've been reporting on over the past two weeks that befell voters attempting to use brand-new touchscreen computer Ballot Marking Devices (BMDs) in the key swing states of Pennsylvania and Georgia last week. In the roll out of the new systems in those states, which many election integrity and cybsersecurity experts warned strongly against, many voters were unable to vote at all. Some faced hour-long wait times --- during sparsely attended, off-year municipal elections! --- followed by completely inaccurate results reported by the computers.

For example, some candidates reported receiving zero votes at some precincts in Northampton County, just outside of Philadelphia (which also used the same new systems last week for the first time, despite warnings from cybsersecurity experts, and had similar problems.) In a contest for County Judge in Northampton, a Democratic candidate for County Judge reportedly received just 164 votes out of more than 100 precincts reporting on Election Night. In fact, as a manual examination of computer-printed records revealed, he is believed to have received 26,142 votes instead.

Unfortunately, there is no way to know if even that number is correct on the County's new 100% unverifiable BMD systems, which are proliferating across the nation, including PA, the entire state of GA next year, and in counties in more than a dozen other states (including here in Los Angeles County, the nation's largest!) for 2020.

We're joined today by SUSAN GREENHALGH, a longtime Election Integrity champion who now serves as Vice President for Programs at the National Election Defense Coalition (NEDC). Following last week's disasters, her group has called for the immediate decertification of the 100% unverifiable ES&S ExpressVote XL systems used last week for the first time in Northampton County and Philly. Greenhalgh explains why such systems, which use touchscreens to help voters use a computer to mark and print "paper ballot"" summaries, should never be used other than as an assistive device for disabled voter who may choose to use one to help cast their ballot.

"What's really concerning about these ballot-marking devices is that there's been a false equivalency created by the vendors," she tells me. "And I think it's been accepted my many people in the election official administration space, and in the election community at large, that there's a paper record there, so therefore the voting system is verifiable. The problem is that all evidence that we have so far to go on, indicates that that the paper record [from] the expensive touchscreen ballot-marking devices is not actually verified by the voter. And that's the critical point." The NEDC advocates hand-marked paper ballots.

After years of working with elections officials and elected officials across the country, Greenhalgh offers her thoughts as to why so many of them --- Republican and Democratic alike --- continue to ignore the continued warnings from election integrity and cybsersecurity experts who strongly urge against the use of such systems, while listening instead to private vendors, such as ES&S and Dominion (the nation's two largest) who stand to make hundreds of millions from the sale of their poorly designed, oft-failed, easily-hacked, and completely unverifiable touchscreen systems.

"I've heard it said that we need a system that the Devil himself could run and you could still trust the results. It needs to be transparent, and verifiable to the electorate. And that means something that is auditable, that the voter knows that the election results are correct and that the officials can prove it." Greenhalgh argues. "There's no room for 'just trust us' in this. We shouldn't have to trust the vendors. We shouldn't have to trust the election officials. We should all be able to see and verify with our own eyes, through observation and auditing, that the election is being conducted in a fair and accurate manner, and in a secure way. Anything less than that is unacceptable in a healthy democracy --- or one that aspires to be healthy."

Greenhalgh, who is as concerned about all of this before 2020 as I am, says, however, that there is still time for jurisdictions to dump their expensive, unverifiable touchscreen systems in favor of much cheaper, far more secure, and completely verifiable hand-marked paper ballot systems. She also also explains why post-election audits of results cast on computer-marked ballot systems are worthless.

"Implementing hand-marked paper ballot systems, fortunately, can be done in very quick order," she says. "States have shown us they can do that, like Maryland and Virginia. So it's not too late to fix that. What we need is the will of the election officials to make it happen, and then it can be done."

Tune in for much more that you need to hear from this conversation!

Finally, we're joined by Desi Doyen with our 1001st Green News Report, with disturbing news on the enormous and raging Australian bush fires, climate-change fueled frigid weather in much of the U.S., Greta Thunberg's solar-powered voyage back to Europe, and the Trump EPA's latest --- and deadly --- attack on science...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Callers ring in on impeachment, the climate change 'hoax', the disastrous failures of new touchscreen vote systems last week in GA and PA, and in L.A. before next year's 2020 Presidential election...
By Brad Friedman on 11/11/2019 6:01pm PT  

Yes, everything, even wildfires in California, are now political, as proven over the weekend when I tweeted out a non-political video I captured of a fire that broke out on a hillside in the San Fernando Valley, threatening the iconic Hollywood sign just on the other side of the hill. Callers ring in today --- as we were able to open the phones for the first time in weeks --- on a bunch of stories covered on today's BradCast.

Among those stories...

  • Trump loses yet again in court as a federal judge on Monday dismissed his lawsuit filed in D.C. hoping to, preemptively, prevent Congress from using New York state's newly adopted law which allows the U.S. House Ways and Means Committee to request copies of the tax returns of New York residents (read: Donald Trump's). It was just another loss in the long list of frivolous lawsuits brought by Trump to try and keep his tax returns from becoming public, for some reason;
  • Over the weekend Republicans submitted a list of requested witnesses for the upcoming public hearings in the Trump impeachment matter regarding his attempt to extort Ukraine by withholding military assistance in exchange for his demand that Ukraine announce an investigation into Joe Biden, his son Hunter and a conspiracy regarding Ukraine interference in the 2016 election. The House GOP's request list includes both Hunter Biden and the whistleblower who first brought the Ukraine matter to light. Rep. Adam Schiff, the Democratic Chair of the Intelligence Committee holding the public hearings this week responded by saying that he will not allow the proceedings to be used to promote the already-debunked theories that Trump was attempting to force Ukraine to spread in his unlawful effort to strong-arm the nation's new President into helping Trump on his 2020 reelection campaign;
  • We review some of the remarkable comments I received over the weekend after I tweeted a completely non-political news video of a wildfire in Burbank which broke out while I was there. Did you know they were caused by socialist homeless pedophiles? Who knew? Trump fans on Twitter do, apparently!;
  • And, speaking of both fires in CA and the 2020 elections, I share the response I recently received from the L.A. County Registrar-Recorder/County Clerk's office seeking comment about their contingency plans to deal with preemptive power outages should they occur during the general election next year at the same time as the ones California power companies imposed this year in hopes of not sparking wildfires during climate change-fueled hot, dry and windy conditions.

    Now that Los Angeles is moving to 100% unverifiable electronic touchscreen voting systems and electronic pollbooks, such an outage could prove disastrous for voters on Election Day and during early voting next year. Unfortunately, while the Registrar's office here replied to my queries on this (tune in to hear their response), they failed to reply to follow up questions;

  • All of this is decidedly NOT an academic issues, given the disasters that occurred last week during Off-Year municipal elections in George and Pennsylvania, where, for the first time, counties in those states deployed brand-new touchscreen voting systems akin to the ones that Los Angeles will be forcing voters to use at voting centers next year, rather than hand-marked paper ballots and paper pollbooks (neither of which require electricity or the Internet).

    The results were catastrophic in many PA and GA polling places with some voters unable to vote at all, many forced had to wait up to an hour during the sparsely attended off-year election, and computer-reported results showing some candidates receiving 0 votes at several precincts, even though they'd received thousands. And, yes, a power outage prevented voters from voting at one precinct. All of this serves as a chilling preview of what could well await the nation in 2020 during the most critical Presidential election in our nation's history.

Finally, we then open the phone lines, at long last, on all of the above. And our listeners have a LOT to say about it all, including a few who believe global warming is a hoax, and that the President should NOT be impeached for either extortion or obstruction of justice. Fun! Tune in for all of that and much more on today's very lively BradCast!

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Slate's Dahlia Lithwick on not returning to SCOTUS; Also: John Oliver touches on touchscreens; KY Gov. Matt Bevin's reelection contest...
By Brad Friedman on 11/4/2019 6:13pm PT  

On today's BradCast: John Oliver touches on America's voting machine crisis, America goes to the polls again (using those same, unverifiable touchscreen voting systems), and one year after accused sex assaulter Brett Kavanaugh was sworn in as a U.S. Supreme Court Justice, one 20-year veteran SCOTUS journalist is refusing to return to the Court...and for very good reason. [Audio link to show follows below.]

First up, as we are now officially --- finally --- less than one year away from the critical 2020 Presidential election, our electronic voting systems in many states are still just as bad and dangerous and vulnerable and unverifiable as they were 15 years ago. And, in a bunch of states and jurisdictions across the country, they are getting even worse and less verifiable than they were in the 2016 election. HBO's John Oliver dipped into the issue on his latest Last Week Tonight on Sunday night and got a lot of stuff right regarding our easily-hacked, oft-failed touchscreen voting systems that have been in use over the past several decades. Unfortunately, he also left out a whole bunch of stuff regarding the new and equally vulnerable and 100% unverifiable computer touchscreen Ballot Marking Devices (BMDs) which are now being installed and proliferating in states (many of them key battlegrounds) from coast to coast before 2020. In short, as we detail, Oliver's report was excellent....if this was 2009. As it is now 2019, however, his commentary was a bit wanting. But, we'll take what we can get and that, of course, is why you have The BradCast.

In related-ish news, a bunch of off-year state and local elections are happening in several states on Tuesday. Among the noteworthy contests is the gubernatorial race in Kentucky, where the unpopular and very Trumpy Republican Governor Matt Bevin is fighting for his life in a race with Democratic Attorney General Andy Beshear (son of the Bluegrass State's former Governor Steve Beshear), in what pre-election polls suggest is currently a dead-heat contest. But, as we detail today, Bevin was down anywhere from 3 to 5 points in pre-election polling during his first run for Governor against then Democratic Attorney General Jack Conway in 2015. Nonetheless, as we detailed that year, he somehow ended up winning the race, reportedly, by nearly 9 points in a state which still forces many voters to use the same unverifiable touchscreen voting machines that helped Bevin win in 2015. Many of those systems are the same very old, vulnerable and unverifiable ones which Oliver railed against on his HBO piece on Sunday. Trump is in KY on Monday night to help "drag one of the nation’s most unpopular governors across the finish line," as the New York Times describes it today, in what many see as a potential bellwether race ahead of 2020.

Meanwhile, it has now been just over a year since Brett Kavanaugh was sworn in to his lifetime post as an Associate Justice on the Republicans' stolen U.S. Supreme Court. He was seated on the bench almost immediately after Republicans in the U.S. Senate rammed through his nomination --- with the help of a trumped up FBI "investigation" --- late last year despite multiple, credible allegations of sexual assault against Kavanaugh from the time he was in high school and college.

Longtime SCOTUS journalist DAHLIA LITHWICK wrote at Slate last week about why she has not returned to the Court since Kavanaugh was sworn in. She joins us today to discuss the reasons behind her decision, and why, as she described, she will "not accede to the routinization and normalization of the unprecedented seat stolen from President Back Obama in 2016" by Mitch McConnell and Republicans, nor from the "unprecedented seating of someone who managed to himself evade the very inquiries and truth-seeking functions that justice is supposed to demand" in Kavanaugh.

"One-quarter of the federal appeals courts, at this moment, three years into the Trump presidency, are Trump nominees. We're not just talking about nine justices on the Supreme Court. We're talking about the most strategic, systematic takeover of the federal bench that any president has ever effectuated," she tells me. "And that is happening day by day, right under our noses. And those judges are also going to sit for decades. So it's not just the Supreme Court."

It's a fascinating and important conversation, I think, about not only why none of us should simply "get over it" and "move on", when it comes to both Kavanaugh and the stolen seat filled by Neil Gorsuch, but also why our nation's seeming inability (or even interest) in assuring accountability for all manner of precedent --- and criminal law --- breaking in recent years has brought the country to the perilous position we now find ourselves in: Trump in the White House, the Supreme Court stolen and federal courts packed with unqualified rubes for life, and SCOTUS on the precipice of deciding a number of enormously momentous issues this session from union rights to reproductive justice.

"It's what happened when Barack Obama made the decision that we just are not going to re-litigate the CIA torture program, and this very aspirational notion that if we all forgive and forget, we all get to meet in the middle and work toward better outcomes. It's kind of Lucy with the football --- it never works out to meeting in the middle and working toward better outcomes. It just turns out that, yet again, ground has been ceded," she tells me.

"We're really bad at this. The heart wants what it wants, and the heart wants normal. I think that we keep believing that this erosion, this slow systemic erosion of norms, is somehow normal. I thought it was a law, it's not a law. I thought it was a rule, it's not a rule," says Lithwick. "We didn't didn't used to seat 37-year-old bloggers who've never set foot in a court room as a federal judges for life. And now we do. There's no law, there's just a norm. What I was trying to get at in the piece is that constantly acceding to this and saying, 'Well, this is what it is now' --- that there are costs. There are huge, huge costs to democracy."

"Our scrutiny, our unwavering, unflinching, I'm-not-over-it scrutiny does make a difference," she insists. "We need to hold the Court to the same unflinching, 'we're watching you,' 'we care'. That seems like soft power, I understand it's not optimal, but I think the Court responds. What they really want is for us to put this on page A27 and get over it. And that's our choice, not theirs."

Lots of important stuff here, as I said. Can't really summarize it well enough here, so please tune in.

Also, Lithwick rings in with some thoughts --- which tie into the broader conversation --- on what she expects from John Roberts' Supreme Court following today's ruling by a federal appeals court in Manhattan that Trump's accounting firm, Mazars USA, must turn over some 8 years of his and his company's tax and other financial documents to New York state prosecutors and a similar decision by a federal appeals court in D.C. last month that the same firm must also turn over similar records to Congressional investigators in response to yet another lawful subpoena...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Politico's Alice Ollstein; Also: Repubs suppressing the 2020 student vote, Dems push-back in TX; Katie Hill's final floor speech...
By Brad Friedman on 11/1/2019 6:31pm PT  

On today's BradCast: Progressive 2020 Democratic candidate Elizabeth Warren finally releases her detailed proposal explaining how she plans to pay for "Medicare for All" with "not one penny in middle-class tax increases" and Democrats begin their push-back against a coordinated national GOP effort to curb surging turnout by young voters who, for some reason, tend to lean strongly Democratic when they are allowed to vote. [Audio link to show is posted below.]

First up, we're joined by longtime health care reporter ALICE OLLSTEIN of Politico to break down the pay-fors and the politics of Warren's newly introduced details on how she hopes to fund her $52 trillion single-payer Medical for All plan without raising taxes on the middle class. Warren, in a 9,300-word Medium post on Friday, explained that "Medicare for All is about the same price as our current path --- and cheaper over time." The difference with our current path and her plan, she says, is that her plan covers everyone and even includes new benefits for dental, vision and long-term care, without spending more money than Americans pay overall right now for care that is twice as expensive as the rest of the developed world, but with worse outcomes.

Where fellow progressive Bernie Sanders has emphasized that middle class taxes would necessary increase under his version of Medicare for All while overall costs to Americans would be lower (thanks to no more monthly premiums, co-pays, deductibles, etc.), and where more centrist 2020 Dems like Joe Biden, Pete Buttigieg, Amy Klobuchar and Kamala Harris have argued that it would be impossible to find the trillions needed for such universal single-payer plans, Warren laid out her proposal for covering everyone with better care, doctors of their choice, and no increases in taxes on the middle class. The burden as she describes will fall largely on corporations and the top 1% of taxpayers.

"It's interesting that there's been so much focus and pressure on her to produce a plan to pay for a plan that she didn't write --- it's Bernie's plan. But she has embraced it, and since she has made her personal brand being the woman with a plan for everything, it makes sense why she was pressed on this, and why she felt that she had to put something serious out there," Ollstein tells me.

Warren's plan, as Ollstein reports, even offers incentives for business to unionize in order to save money for both workers and companies, while companies are required to pay no more for health care than they already do. Effectively, argues Ollstein, Warren's expansive proposal is effectively "trying to flip the tables" back on her opponents to demonstrate how either she is wrong about her plan, or how their own plans might offer better coverage to all for less money.

Her Democratic competition, however, are not the only ones currently gunning for both her as she continues to rise in the polls, and the others seeking to improve our woeful health care system. "The medical providers have been mobilizing all year long, not just against Medicare For All but for all of the more incremental reforms, as well. They do not want to take a haircut on any of this. And this would be far more than a haircut. This would be a very deep cut."

The debate over Warren's extraordinary ambitious proposal, however, and those of other Democratic candidates, will continue for some time, even if one of them is elected. "What ends up getting actually debated and passed will not look like what we're talking about now," Ollstein predicts. "How close it looks like to what we're talking about will depend on who turns out to vote in 2020, and who sits in those seats in the House and Senate. Because, man, elections matter."

Yes, they do. And Republicans know it. And the GOP effort to prevent Warren or any other Dem who wants to improve health care for Americans from taking ofice is already well under way in a number of battleground states, including Wisconsin, New Hampshire, Florida, North Carolina and Texas, where Republican lawmakers have been instituting particularly insidious measures to make it much harder for young voters, in particular, to cast a vote at all next year. We detail some of those anti-democratic and anti-Democratic measures today, along with some of the first of the push-back from Dems, who filed suit this week against a recently adopted Texas law that effectively shuts down voting all together on many college campuses. That, as voters in Texas and a number of other states, including Virginia, head to the polls for important elections this coming Tuesday.

In related breaking news as well today, Democratic 2020 candidate Beto O'Rourke of Texas announced that he would be dropping out of the Presidential nominating contest.

Finally, freshman Democratic Congresswoman Katie Hill of California offered her final U.S. House floor speech on Thursday, following the vote on rules for the process of impeachment of Donald J. Trump. Her remarks come after announcing her abrupt and surprise resignation last weekend in the wake of an ugly divorce battle, an ethics investigation regarding an affair with a staffer (which she denies), and nude photos of her being published by rightwing websites. She suggests those photos were given to her opponents by her "abusive" husband. In her fiery final floor remarks, Hill excoriates what she describes as a double-standard for women who are victimized by revenge porn, even as men who are credibly accused of sexual assault and violence, like the President of the United States (and two U.S. Supreme Court Justices) remain happily in office...

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Trump attorneys claim immunity for shooting someone on Fifth Ave.; WH attacks Bill Taylor; House RWers 'storm' Impeachment hearing; Facts keep undercutting Ukraine quid pro quo excuses; Also: Exxon scientists undercut oil giant on Capitol Hill...
By Brad Friedman on 10/23/2019 6:47pm PT  

On today's BradCast, Donald Trump needs a LOT of defending --- on virtually every front today. Lucky for him he's still got quite a few willing chumps, suckers and patsies willing to go down with his ship, from elected officials in Congress, to entire media networks invested in his criminal wingnuttery, to the best team of shameless lawyers his dirty money can buy. [Audio link to full show follows below.]

We kick off today with the remarkable argument offered by one his shameless attorneys in a federal appeals court in Manhattan, where a lower court judge recently ruled against Trump in his suit to block his longtime tax accountants at Mazars USA from turning over eight years of his tax and other financial documents as subpoenaed by state prosecutors. The probe is into payments made while Trump was in the White House to reimburse his then-attorney, now-convicted felon Michael Cohen for hush-money payoffs to porn star Stormy Daniels just prior to the 2016 Presidential election.

After the lower federal court judge virtually laughed the Trump attorneys out of court earlier this month, finding their argument that a President may not be indicted or even investigated at the federal OR state level to be "repugnant to the nation's governmental structure and constitutional values," Team Trump quickly appealed to the U.S. Second Circuit Court of Appeals, which heard his argument today.

During today's hearing, the 3-judge federal panel, citing an infamous quip about Trump's ability to shoot someone on Fifth Avenue without losing any supporters, queried Trump attorney William Consovoy on whether law enforcement officials would be Constitutionally allowed to investigate or do anything about it, if that literally occurred. The President's attorney said no, they could not. It's a hypothetical that I've raised several times in the past, in response to the absurd, Constitutionally-weak, decades-old DoJ Office of Legal Counsel (OLC) opinion memo asserting that a sitting President may not be criminal indicted. That OLC memo, never tested in a court of law, though cited by Robert Mueller when he failed to bring criminal Obstruction of Justice charges against the President despite mountains of supporting evidence, will now almost certainly have its day before the Republican's stolen U.S. Supreme Court in this matter.

Then, the many desperate attempts made by Republicans last night and today to try and defend the President following Tuesday's "damning" testimony to House impeachment investigators by Bill Taylor, Trump's acting Ambassador to Ukraine. The veteran diplomat rocked D.C. with his meticulously detailed recounting of how he learned that Trump was personally behind the quid pro quo pressure campaign to withhold nearly $400 million in military assistance to Ukraine unless its recently elected President, Volodymyr Zelensky, publicly promised an investigation into Joe Biden and the 2016 election.

With no clear messaging campaign to push back against the explosive charges at the heart of the ongoing impeachment inquiry, Republicans from the White House to Congress to Fox "News" have been flailing over the past 24 hours. The White House Press Secretary released a statement attempting to tar the longtime civil servant and military veteran Taylor as a "radical unelected bureaucrat waging war on the Constitution"; Trump's former Acting Attorney General Matt Whitaker took to Fox "News" to declare that "abuse of power" is not actually a crime; and Trump's far-right allies in the U.S. House stormed a secure room in the basement of the Capitol in a faux "riot" (reminiscent of the infamous "Brooks Brothers Riot" in Florida in 2000) to stall the planned impeachment deposition of Defense Department official Laura Cooper, the Deputy Assistant Secretary of Defense for Russia, Ukraine and Eurasia. It is believed Cooper was to testify on the Pentagon's finding that the White House's withholding of Congressionally-allocated military assistance to Ukraine was, in fact, unlawful.

Some of Trump's defenders today have been arguing that Taylor's testimony highlighted that Zelensky didn't know about the withheld U.S. military assistance and, therefore, the Administration's pressure campaign could not possibly have amounted to a quid pro quo. That argument, however, was neatly eviscerated late today via an exclusive from Associated Press, reporting that Zelensky was aware of the White House pressure campaign and the potential of losing U.S. aid if he didn't play ball in Trump's political scheme, as early as May of this year.

Finally today, the stalled impeachment deposition was not the only hearing on Capitol Hill today. Desi Doyen joins us for some highlights from a House Oversight Committee hearing on Wednesday in which Exxon Mobil scientists testified about the oil giant's knowledge, decades ago, that the use of their product was endangering humanity by warming the globe, even as Exxon invested millions in an "immoral" public relations campaign to convince the world that the science on the matter was in doubt...

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Guests: Rewire.News' Jodi Jacobson; Zero Hour's Richard 'RJ' Eskow...
By Brad Friedman on 10/16/2019 4:58pm PT  

The top TWELVE 2020 Democratic Presidential candidates --- yes, TWELVE --- gathered for 3 hours --- yes THREE --- on Tuesday night at Otterbein University, in Westerville, Ohio for their 4th primary debate of the 2020 nomination cycle. We devote the hour on today's BradCast, to post-debate coverage, analysis and, of course, occasional snark. [Audio link to program is posted below.]

The candidates at the CNN and NYTimes co-sponsored forum were: MA Sen. Elizabeth Warren; VT Sen. Bernie Sanders; former Vice President Joe Biden; CA Sen. Kamala Harris; NJ Sen. Corey Booker; MN Sen. Amy Klobuchar; Former HUD Sec. Julian Castro; South Bend, IN Mayor Pete Buttigieg; HI Rep. Tulsi Gabbard; CA entrepreneur and activist Tom Steyer (making his first debate appearance); Silicon Valley entrepreneur Andrew Yang; and former El Paso, TX Rep. Beto O'Rourke.

Among the many issues and questions covered and discussed on today's program, following last night's forum...

  • Do we really need three hour debates?;
  • Do we really need 12 candidates?;
  • Do we really need Steyer to be one of them?;
  • Did the moderators do any better than they have in previous debates this cycle?;
  • Was there really not a single question on either our climate or voting rights crises worth asking the candidates?;
  • Did Elizabeth Warren perform well in the face of direct attacks from her opponents now that she is being perceived as the front-runner?;
  • Could she stand up to similar or almost certainly far worse attacks from Trump (presuming he is the GOP nominee)?;
  • Is Booker right to worry about sniping and some of the direct attacks between his fellow Democratic candidates?;
  • What's the reason he is not performing better in the polls?;
  • Why is Harris still slipping in the polls?;
  • Will Sanders' recent heart attack be a deal breaker for some voters (despite his energetic performance at Tuesday's debate)?;
  • As Biden slips in the polls, is he also showing signs of cognitive decline that may concern voters?;
  • What's the difference between "Medicare for All", as proposed by Sanders and Warren, and "Medicare for All Who Want It" and a "Public Option" as proposed by Biden, Buttigieg and Warren?;
  • Why won't Warren admit out loud, as Sanders has, that her Medicare for All plan will raise taxes on the middle class, even as she correctly points out that overall costs for such families would go down?;
  • And why do people who like their private insurance have to give it up under a "Medicare for All" plan?;
  • Were attacks by Klobuchar and Buttigieg and Biden against so-called progressive "pipe dreams" effective for their candidacies or just damaging to the party?;
  • Is "Accountable Capitalism" actually a thing?

All of those questions and many more are tackled with Eskow, Jacobson and even Desi Doyen and myself on today's very lively, insightful and intermittently humorous post-debate special coverage!...

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Also: Judge overturns Mnuchin scheme to make 'dark money' even darker; Texas sued for tossing out absentee ballots without notifying voters...
By Brad Friedman on 8/13/2019 6:39pm PT  

"You've heard about 'Draining the Swamp'," Donald Trump's Acting Chief of Staff and Office of Management and Budget Director told a bunch of GOPers at a fundraiser recently in South Carolina. "What you haven't heard is what we're actually doing." He's right. We try to do something about that on today's BradCast. Again. [Audio link to show is posted at end of summary.]

Lack of funding and a hiring freeze by the Trump Administration has resulted in a shortage of correctional officers at facilities like the federal lockup in Manhattan where accused sex trafficker Jeffrey Epstein was found dead on Saturday morning. The billionaire financier and friend of Trump was supposed to have been monitored every 30 minutes by correctional officers after being removed, for some reason, from the prison's "suicide watch" list just 6 days after he reportedly tried to kill himself. But media reports say that Epstein was not monitored for hours before being found dead. Both of the officers tasked with the job were working overtime and one was merely a substitute, reportedly, not fully trained for it. Trump's Attorney General Bill Barr has temporarily suspended both of them and reassigned the warden at the Metropolitan Correctional Center, as he claims to be seeking accountability for the failure at the federal Bureau of Prisons (BOP) facility overseen by the Attorney General.

The lack of federal funding at BOP is not an accident, of course. It's just one small part of this Administration's ongoing efforts to, as Mulvaney admitted, "streamline government" by making it simply disappear any way they possibly can. As Trump's Director of the OMB, Mulvaney attempted to cut funding in half for several key scientific and economic departments at the U.S. Department of Agriculture. When Congress rejected those cuts, the Administration implemented Plan B, which is what Mulvaney was bragging about to the Republican donors in South Carolina. The USDA gave just over 30 days for career officials at two important and long-established USDA agencies, the Economic Research Service (ERS) and National Institute of Food and Agriculture (NIFA), to decide if they wished to uproot their lives and those of their family's to move to Kansas City (either Missouri or Kansas, USDA Secretary Sonny Perdue has not told anyone which state it will be) or be fired.

Matt Shuham at Talking Points Memo has been covering the ongoing crises at the two agencies in a series of stories, documenting how senior officials, with decades of institutional knowledge are being lost in the bargain, as more than half of those longtime federal workers have chosen against moving 1,000 miles across the country before the end of September.

"It's nearly impossible to fire a federal worker," Mulvaney complained while explaining the Administration's scheme for forcing longtime federal employees to either move to "the real part of the country" or quit. "They quit," Mulvaney boasted to the delight of the corporate GOP funders. "What a wonderful way to sort of streamline government and do what we haven't been able to do for a long time." One of Shuham's latest reports details the gut-wrenching decision of a 30-year veteran branch chief at the ERS, who says that staffers working on everything from researching genetically engineered seeds to soil conservation to climate change are almost all entirely gone from the agency now, along with hundreds of years of collective knowledge and institutional experience. Ironically enough, when Purdue issued the letter to employees notifying them of the move, he claimed it was being done, among other reasons, to "improve USDA's ability to attract and retain highly qualified staff."

The gutting of the USDA is a "test case", one economist at ERS said. "If they can carry this out, what’s to stop them from doing this on a larger scale to another agency?" The answer: Nothing. They are already doing something identical to the Bureau of Land Management at the Dept. of Interior. And there will be more to come if these moves aren't somehow blocked. Donald Trump is actively and purposely killing your government and both he and corporate industry interests couldn't be more delighted about it. This will only be stopped --- maybe --- if he is turned out of office no later than next year.

To that end, we catch up on a couple of (mostly) good news elections-related stories today as well. In Montana, a federal judge has overturned a new rule by Treasury Secretary Steven Mnuchin that would have allowed "dark money" non-profit 501(c)4 groups to keep their donors a secret from the IRS. Such groups are already exempt from disclosing their funding sources publicly, but Mnuchin didn't want even the Government to know where their money used for elections is coming from either. A lawsuit by Montana Governor and 2020 Democratic Presidential hopeful Steve Bullock has successfully blocked that new rule --- for now. It would have made it almost impossible for the Government to determine if foreign sources were unlawfully funding elections work by such groups.

And down in Texas, the Texas Civil Rights Project and other plaintiffs are suing the state on behalf of voters to force election officials to notify voters when absentee vote-by-mail ballots are rejected by county election officials in time to correct any perceived signature mismatches. Such decisions are largely ad hoc from county to county --- elections officials are not hand-writing experts after all --- as there are no statewide standards for making the determination that the signature on the vote-by-mail ballot does not match that of the registered voter. Thousands of ballots in the Lone Star state have been tossed without the knowledge of voters who, under state law, do not need to be notified about signature mismatches that will keep their ballots from being counted, until 10 days after the election. With Texas potentially in play for Democrats next year, every vote may very well matter. So this lawsuit, like similar ones successfully filed in other states in recent years, is very important on several levels.

Finally, Desi Doyen joins us for our latest Green News Report, in which another new rule imposed by the Trump Administration's Dept. of Interior is set to gut federal protections for thousands of endangered species; his EPA has cleared the way for an enormous, controversial mine project in Alaska which threatens key, pristine salmon fisheries in the region; and with details on the one energy project that the Administration is suddenly interested in slow-walking for some reason...

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Court blocks Trump 'national emergency'; Congress sues for Trump taxes; FL Repubs gut landmark voting reform; Carter says Trump 'illegitimate'; 2020 dirty tricks now underway; Dems talk climate at first debate...
By Brad Friedman on 7/2/2019 6:30pm PT  

It's been a rough week in the federal courts for Donald Trump. Even the Republicans' stolen U.S. Supreme Court failed to grant at least one victory to the Administration in its loss last week over the fight to add a question on citizenship to the 2020 U.S. Census. That loss, where Trump clearly expected a win from his cooked High Court, has resulted in the admission of another humiliating defeat for Republicans, but a huge victory for those of us who still support the idea of democracy...as fragile as it remains in the U.S. on the eve of our Independence Day holiday in 2019. There were other encouraging signs of hope from our courts this week as well, though there remains plenty to be concerned about as we head toward the crucial 2020 elections. [Audio link to show follows below.]

Among the stories covered, in addition to the breaking Census news, on today's BradCast...

  • Trump may be getting a few tanks for his corrupt 4th of July celebration at the Lincoln Memorial on Thursday, though they won't be rolling down Pennsylvania Avenue. Where they will be, according to some poor writing from CNN, is another matter. ("Trump later confirmed tanks would be present during remarks in the Oval Office.");
  • Heat records are shattering in the U.S. and around the world, resulting in mussels cooking in their own shells in normally cool Northern California and highways dangerously cracking and buckling in South Dakota. What happened in Mexico and Europe, however, we hold until today's Green News Report at the end of the program;
  • But, back to the courts, as the U.S. House Ways and Means Committee filed a federal lawsuit on Tuesday against the Administration for failing to turn over six years of Donald Trump's tax returns as required by federal law, in a case that Trump seems unlikely to win. A long legal fight, however, may help him to delay the inevitable, unless he is able to receive a helping hand to undermine the rule of law from his friends at the stolen and illegitimate SCOTUS;
  • But the lower courts, so far, have provided little help to Trump. Late last Friday, with surprisingly little notice, albeit in the middle of a ton of other news, a federal judge in California blocked Trump's phony "national emergency" declaration meant to steal billions of dollars from the military to build portions of his long-promised Southern border wall (which apparently Mexico is still not paying for.) The same judge in two different challenges to Trump's blatant attempted theft, ruled that Trump's use of military funds for this purpose was "unlawful" and in violation of Congress' Constitutionally-mandated control of federal purse-strings. The Administration, however, is expected to appeal both rulings;
  • Voters in Florida, in the meantime, will have to hope for good news from the courts in the days ahead after Republican Gov. Ron DeSantis --- who was reportedly elected by less than one half of one percent of the vote last November --- quietly signed a controversial new law late on a Friday, without ceremony, the day before his deadline to sign it, which guts the state's reform of a 150-year old racist voting restriction. Despite passage of state Constitutional Amendment 4 last November --- by an astonishing nearly 65% of the electorate --- the new bill was passed along partisan lines in the GOP legislature to restore a restriction on the right of many former felons to vote. The new law, which went into effect Monday in the Sunshine State, requires former felons to pay off all court fines and fees before being allowed to vote, in contravention of the statewide ballot initiative which took effect on January 1 with no such restrictions. DeSantis had specifically pushed the GOP-controlled legislature to pass the bill, which will block many of the 1.5 million former felons --- including 1 out of 5 voting age African-Americans in the state --- from seeing their lifetime ban on the right to vote lifted. Voting rights advocates accurately describe the measure as an unconstitutional "poll tax" and have already filed suit to block it. The "conservatives" in the state will now have to spend millions in order to defend their new, unpopular law;
  • That's just one of the measures the GOP is beginning to take in order to boost their odds in 2020, as former President Jimmy Carter noted late last week that he doesn't believe Donald Trump is a legitimate President. Speaking Friday at a human rights forum hosted by the Carter Center --- which has served as a monitor of elections in third-world countries for decades --- the former President charged: "There’s no doubt that the Russians did interfere in the elections and I think the interference, although not yet quantified, if fully investigated would show that Trump didn’t actually win the election in 2016. ... He lost the election and he was put into office because the Russians interfered on his behalf." He said "yes", when asked by the forum's moderator if he believe Trump was an "illegitimate" President. Carter may be right or wrong. Shamefully, nobody knows for certain, since the public was never allowed to examine the ballots or the voting and tabulation systems following the 2016 Presidential election. That lack of public oversight, as we have long argued, continues to erode confidence in the legitimacy of American democracy. New, 100% unverifiable voting systems being put in place in advance of the 2020 race, unfortunately, (in states like Georgia and cities like Philadelphia and counties like Los Angeles) are likely to make that problem even worse;
  • But, speaking of how bad the 2020 cycle could be, the Trump Campaign has already begun their dirty tricks, according to a report in the New York Times. One of its "rising star" digital content producers has created a phony Joe Biden campaign website, meant to look like Biden's official campaign site, in order to smear the former Vice President. Neither the Trump campaign nor its staffer, Patrick Mauldin, who admits to having created the site, is noted on the page as being behind it. The fake campaign site, according to the paper, has received more visits than Biden's official website, and Mauldin has also "anomalously" created pages meant to undermine other current 2020 Democratic front-runners such as Bernie Sanders, Elizabeth Warren and Kamala Harris. Do Dems have any plans on how to deal with this sort of thing in 2020? Right now, it appears that they do not. Unless Dems pull together somehow --- even across another rough and tumble nominating process --- a repeat of the 2016 disaster should not be a surprise to anyone;
  • Finally, speaking of 2020, Desi Doyen joins us for our Green News Report special coverage of last week's first Democratic Presidential Debate in Miami, where the planet's worsening climate crisis finally received at least a little bit of airtime from many of the Presidential hopefuls across the span of the much-watched two-night event...

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Guest: Public Citizen's Aquene Freechild; Also: Biden flips on Hyde Amendment, swears off fossil fuel money (sorta); Automakers oppose Trump mileage, emissions rollback; Listener feedback on impeachment...
By Brad Friedman on 6/7/2019 6:14pm PT  

On today's BradCast: Remember when overturning Citizens United with a Constitutional amendment used to be a huge thing among progressives? Well, it still is. But something (or someone) came along who seems to be distracting much of the nation from the still-urgent need to get dark money and corporate funding out of electoral politics. We've got a bit of good news on that front today. Just a bit. But we'll take what we can get! [Audio link to full show is posted below.]

First up today, however, former Veep turned Democratic Presidential candidate and currently presumptive front-runner Joe Biden responded to pressure from his 2020 rivals and the party's base by flipping his position on the Hyde Amendment. Citing his belief that "health care is a right" and the GOP attacks on women's health care, Biden now says he opposes the measure, just hours after he'd affirmed his support for the 1976 law which bans the use of federal funding for abortion, other than in cases of rape, incest or the health of the mother. What should we learn about Biden from this flip-flop? We discuss.

Then, the auto industry appears to have flip-flopped as well. Twice. After working with the Obama Administration in 2009 to hammer out an agreement on new standards for vehicle mileage and carbon emissions, industry leaders begged the Trump Administration to roll back Obama's landmark standards. Trump promised to do the car company's bidding and plans to announce the official rollback over the summer (which, if it stands, will result in lower fuel efficiency and higher gas prices for consumers, increase pollution and lead to the premature deaths of tens of thousands of Americans.) Now the industry is begging Trump not to roll things back quite so far after all, but Trump doesn't care. The Administration plans to move ahead anyway and, as Desi Doyen explains, try to challenge California's long-established right under the Clean Air Act to impose its own higher air quality standards --- a state's right they have enjoyed under law for nearly 50 years now.

Speaking of our worsening climate crisis, the DNC nixed a proposal this week to hold a debate focused solely on climate change and the many different candidate proposals to take it on. The DNC has threatened to sanction 2020 Presidential candidates who may participate in such a forum on their own. We discuss that bizarre stance, particularly given the number of hopefuls who have put forward detailed and important policy proposals to offer an urgently-needed Green New Deal for Americans.

And, speaking of Biden, this week he became the 17th Democratic Presidential hopeful to sign on to the "No Fossil Fuel Money Pledge". But what does that pledge really mean and will it actually keep money from fossil fuel industry lobbyists, PACs and executives out of the race? For that matter, is it even possible to keep corporate PAC and other "dark money" out of our elections following the 2010 Citizens United ruling by the U.S. Supreme court, no matter how many pledges that Democratic candidates may make?

In related issues, the state of New Hampshire became the 20th state in the union this week to vote to overturn Citizens United with a Constitutional Amendment. The vote was a symbolic landmark for proponents of overturning the disastrous SCOTUS ruling, as it represents what would now be just over half of the 38 states that would be required to ratify such an Amendment. At the same time, the state of Montana, whose Governor Steve Bullock is also running for President on the issue of getting corporate money out of politics, is suing the U.S. Treasury Department and IRS to block the Trump Administration's new rule that would allow certain political action committees to keep their "dark money" donors a secret, even in confidential filings with the IRS, to whom donors previously were disclosed. The state was in federal court for hearings this week in response to the Administration's motion to dismiss the suit.

AQUENE FREECHILD, Co-director of Public Citizen's Democracy is For People campaign, joins us to explain both the good news out of New Hampshire and Montana's complaint against Treasury and the IRS. Freechild led Public Citizen's successful efforts to call for an amendment to overturn Citizens United in Vermont, New Jersey, Illinois, Delaware and Washington state. She offers an update on the current state of the fight to overturn the Supreme Court ruling that opened the floodgates to corporate spending in our elections; offers an explanation as to how the Trump era has effected activism on the issue; details what is involved in adopting such a measure; explains why Bullock's suit in Montana is important, even though IRS disclosures are confidential, and how efforts in Congress (including the House-passed H.R. 1, "For the People" Act) would kick-start the process of restoring American democracy to we, the people.

"We have to protect our democracy from the existential threat that an unaccountable, dictator-loving President poses," says Freechild. "At the same time, we have to show the country the vision that we have as reformers, as pro-democracy people, for a clean government that really truly does represent people, that has public financing in partnership with overturning Citizens United so that there is an alternative to a corporate money system."

Finally, we close today with some listener feedback on the Democrats' internecine debate in the U.S. House on whether to begin an official impeachment inquiry against Donald Trump....or not...

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Guest: Salon's Heather Digby Parton on 'the greatest liar and conman of all time'; Also: Don Jr. subpoenaed by GOP-Senate Intel Committee...
By Brad Friedman on 5/8/2019 6:56pm PT  

On today's BradCast, it seems to be the day when we are now officially tumbling over the Constitutional Crisis cliff.

The day began with Donald Trump's Dept. of Justice issuing a letter to the House Judiciary Committee informing them that the President was formally asserting Executive Privilege to block the release to Congress of the unredacted report by Special Counsel Robert Mueller as well as all of its underlying evidence, such as witness testimony, grand jury information, etc.

That, as the Committee held its scheduled session to consider a vote on a resolution [PDF] finding Trump's Attorney General turned personal fixer William Barr in contempt. The vote recommending the full House consider citing Barr came after weeks of Chairman Jerrold Nadler's repeated attempts, to no avail, to find good faith accommodation with the DoJ to release the subpoenaed Special Counsel materials. Nadler's thanks came today when the DoJ notified the Committee that, due to Trump invoking Executive Privilege, they would not be allowed to see any additional material from the Special Counsel investigation of Donald Trump's obstruction of justice and his 2016 campaign's involvement with alleged election interference by Russia. In an amusing sidebar, the White House statement today on this charged: "Faced with Chairman Nadler's blatant abuse of power...the President has no other option than to make a protective assertion of executive privilege."

And, as all of that was going on, House Speaker Nancy Pelosi, at a Washington Post event, declared cryptically that Trump's "obstruction, obstruction, obstruction" means that he is "becoming self-impeachable," whatever that might mean.

We're joined to try and make sense of all of this today --- including last night's blockbuster New York Times exposé finding Trump's tax records from 1985 through 1994 reveal that the self-proclaimed "greatest businessman of all time" personally lost more than $1 billion over that decade --- by our friend and award-winning journalist HEATHER DIGBY PARTON of Salon and Hulaballoo.

Among the many questions raised and (some of them) answered today with the great "Digby"...

  • Did the Times' report have anything to do with Trump's blanket use of Executive Privilege today to block a report that he had previously waived the privilege on? ("The bigger picture here," argues Parton, "is that it exposes Trump as the greatest liar and conman of all time.")
  • Is Trump's legally dubious (to say the least) strategy of attempting to block any and all Congressional access to documents and witnesses really meant only to run out the clock until election season begins in earnest?
  • Is there a group of non-elected Republicans who might finally step in to end this madness?
  • Will the Democrats' attempt to refer a contempt citation for Barr be any more successful than the Republicans' attempt to cite Obama Attorney General Eric Holder in 2012 when, as we discuss, they made the exact same arguments against Holder that Dems are making against Barr today?
  • Are the Dems moving too cautiously in their attempts to hold Trump and his Administration accountable?
  • Are we any closer to an actual impeachment inquiry of the President, given (as 1998's Lindsey Graham helpfully reminds us today), the very same obstruction of Congress by a President for which Articles of Impeachment were issued against both Richard Nixon and by Graham and the Republicans against Bill Clinton?
  • What the hell does Pelosi's "self-impeachable" remark actually mean?
  • And should we all be concerned about what Trump might do next when things get even worse for him and his Presidency --- as his Administration continues to beat drums of war against Venezuela, Iran and other nations?

And, as if all of that isn't enough to squeeze into one very fast moving hour, as we got off the air today we received the breaking news that the GOP-controlled Senate Intelligence Committee has now subpoenaed Donald Trump, Jr., regarding his previous Congressional testimony on the Trump Tower Moscow project...as the walls appear to be tumbling down...

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NOTE: I'm on the road tomorrow, so we'll be airing a BradCast Recounted for ya. Angie Coiro is in for us on Friday. And I'll be back, whether you or I like it or not, on Monday!

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Pompeo plunders Arctic for U.S.; Trump pardons war criminal murderer; White House blocks subpoenaed McGahn docs; Too much more...
By Brad Friedman on 5/7/2019 6:52pm PT  

Before we get to our Constitutional Crisis update on today's BradCast, we offer an update on our Climate Crisis, which the rogue Trump Administration has been busy exacerbating in the Arctic this week, to the horror of other Arctic nations. And, yes, our continuing national Gun Crisis returned to the headlines (did it ever leave?) with breaking news of another school shooting today in suburban Denver. [Audio link to show is posted below.]

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

  • Trump Sec. of State Mike Pompeo stunned fellow Arctic Council members in Finland on Monday, with a speech in which he appeared absolutely giddy about economic opportunities emerging from the quickly thawing Arctic. Without once mentioning the phrase "climate change" in his 2,400 word speech, Pompeo cited "opportunity and abundance" for those able to exploit previously frozen and untapped oil and mineral reserves in the otherwise pristine Arctic, not to mention "fisheries galore" and thawed "passageways" for travel and commerce that could turn the Arctic into a "21st century Panama Canal". The remarks, reportedly, came as a shock to other representatives of the Council's nations, there to discuss protection of the melting Arctic from political and economic threat.

    But on Tuesday, things got worse as the U.S. refused, for the first time, to sign a group agreement on challenges facing the Arctic due, according to Reuters, to discrepancies in the agreement over climate change wording, jeopardizing cooperation among participating countries as the Arctic continues to warm at nearly twice the pace as the rest of the planet;

  • Back in D.C., Donald Trump stunned the legal and military community with the Monday night pardon of a former U.S. Army lieutenant sentenced by a 2009 court marshal to 25 years in prison for the murder of an Iraqi civilian in 2008. Michael Behenna was granted Executive Clemency by Trump for the gruesome killing in which Behenna was found, according to military prosecutors, to have taken "the victim out into the desert in Iraq, stripped him naked, interrogated him while he had his Glock piston pointed at him, shot him in the head, shot him in the chest, killing him at that time," all outside of a combat zone and in defiance of both orders and the military code of justice. So, Trump has moved from sending political messages with the pardons of those who obstruct federal court orders, like the disgraced former Arizona Sheriff Joe Arpaio, to granting Executive Clemency to murderous war criminals. Got the message?;
  • Before we move on to today's Constitutional Crisis update, an interesting background development, as Attorney General William Barr's Justice Department announced over the weekend that it had arrested and charged a Virginia man who served as an FBI linguist on counts of "obstructing a federal investigation and making multiple false statements to FBI officials". Of course, Barr has been famously arguing of late --- in regard to President Trump --- that, since Special Counsel Robert Mueller did not find enough evidence of criminal cooperation between the Trump Campaign and Russia during his investigation into 2016 election interference, Trump could not possibly be guilty of obstructing that investigation. With no underlying crime, Barr's legally unsupportable theory goes, there can be no obstruction of the investigation into those crimes. In the case of the FBI's cunning linguist, however, obstruction charges were filed with no underlying crime, according to a former federal and state prosecutor;
  • In related news, there are now some 500 former federal prosecutors (actually, over 700 now, since checking after the show), both Republican and Democratic, who have signed onto an open letter declaring that, based on the evidence revealed by the redacted Mueller Report, Trump would have been charged with multiple counts of felony obstruction, had he been a private citizen;
  • Then, the latest news in the multiple Constitutional showdowns between the Administration and Congress, including Treasury Secretary Steven Mnuchin's refusal to answer the Ways and Means Committee's statutory demands for the IRS Commissioner to turn over several years of Trump's tax returns and Barr's refusal to respond to a lawful Congressional subpoena from the House Judiciary Committee to turn over Mueller's unredacted report and its underlying evidence. With a vote on contempt by the AG still scheduled for Wednesday in the Committee, it seems a good time to look back at the case made by House Republicans in 2012 for a contempt vote against President Obama's then-Attorney General Eric Holder, including speeches from a number of GOP lawmakers incensed at the time for the DoJ's failure to turn over subpoenaed documents, which they then described as unlawful disdain for both the rule of law and the Constitution. But that was then;
  • And, with both Mnuchin and Barr facing potential contempt citations, it was former White House Counsel Don McGahn's turn in the barrel today, as the White House stepped in to block his production of subpoenaed documents that he had long ago shared with the Special Counsel --- thus waiving the White House's opportunity at the time to invoke Executive Privilege to block the release of the documents now along with McGahn's testimony, according to largely every legal expert who doesn't work at the White House. (Though even some of those lawyers, according to WaPo, see the Administration's belated attempt to invoke the privilege now as legally dubious.) As that legal wrangle plays out, McGahn's next difficult decision will come on May 21, when he has been subpoenaed by the Judiciary Committee to appear for testimony as a witness to numerous incidents of criminal obstruction by the President as detailed in the Special Counsel's redacted report;
  • Finally, Desi Doyen joins us for the latest Green News Report focused on the alarming landmark study released by the U.N. this week finding that human develop, consumption and exploitation is now threatening the extinction of some 1 million plant and animal species, a report that was released before Pompeo even arrived in the Arctic this week to dance on --- and plunder --- its melting grave...

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Guest: Author, election law professor Joshua A. Douglas; Also: Notre Dame Cathedral burns; Trump flouts the law, endangers Congresswoman; Buttigieg makes it official; GOPers in AR and TN move to game elections...
By Brad Friedman on 4/15/2019 6:22pm PT  

Among the many stories we cover, before getting to our guest on today's BradCast --- as one institution after another feels as if they are burning to the ground, either literally or metaphorically [Audio link to full show is posted below]...

  • The historic, 850-year old Notre Dame Cathedral in Paris was engulfed in flames today during renovations, with its famous spire and two-thirds of its roof collapsed, but its famous bell towers and Rose Windows hopefully spared;
  • The Dept. of Justice confirmed that, almost a month after Special Counsel Robert Mueller turned over his report on alleged Russian interference in the 2016 election, the Trump Campaign's coordination with the effort, and obstruction of justice by Donald Trump himself, a redacted version of the 400-page report would be given to both Congress and the public this Thursday;
  • Congressional Democrats on the House Ways and Means Committee have agreed, for some reason, to extend their deadline for the IRS to turn over six years of Trump's tax returns until April 23, as the Administration continues to blatantly flaunt the decades-old federal law requiring the requested materials be given to Congress;
  • Death threats continued against Rep. Ilhan Omar (D-MN) after the President of the United States posted a video on his Twitter feed which repeatedly used an out-of-context remark from the Somali-American Muslim Congresswoman to tie her, incredibly enough, to the 9/11 attacks, even after a Trump supporter last month was charged for calling her office to describe her as an "fucking terrorist" and vowing to "put a bullet in her fucking skull";
  • The 21-year old son of a white sheriff's deputy in Louisiana was officially charged with hate crimes after an arson spree which recently burned down three African-American churches in the state over 10 days;
  • And, on a far more more hopeful note, the 37-year old, openly gay, Afghanistan war vet and South Bend, Indiana Mayor Pete Buttigieg officially announced his run for the Democratic nomination for President over the weekend.

Next, speaking of elections, and before we are joined by our guest today, University of Kentucky College of Law election Professor JOSHUA A. DOUGLAS, a story of GOPers making it more difficult to register voters in Tennessee, and another on Republican state lawmakers working to make it next to impossible for progressives in Arkansas to place citizen initiatives on the ballot, after the state voted to increase the minimum wage via a ballot measure in 2018.

Douglas, author of the brand new book Vote for US: How to Take Back Our Elections and Change the Future of Voting, details a few of the stories from his book revealing how regular citizens in recent years have succeeded in pushing for local and state measures that have resulted in the expansion of the franchise, even in the face of the dark forces hoping to restrict access to the voting booth.

He shares, for example, the story of the Kentucky man who lost his right to vote for life in the state for stealing a car as a teenager decades ago, who was able to encourage his state's legislature to change the law to re-enfranchise those who have completed their sentences. And the story of the woman in Michigan whose anti-gerrymandering ballot initiative was adopted by voters last November. Both stories are told in more detail in his book. With so many stories in the news (and our program!) of voting rights being taken away or otherwise restricted, its important for folks to understand they can actually change that equation without relying on Congress or even major civil rights groups, often by taking action themselves.

"What I like to focus on, in addition to the doom and gloom that seems to invade our psyche with respect to the right to vote, are the positive stories of progress and success," Douglas tells me. "There's power in these inspiring stories that I tell in the book about ways to make our voting process more convenient and inclusive. We can quibble about some of the details, but hopefully the overarching message that we need to take back our elections through local grassroots work can really take hold."

With those hopeful notes, Douglas offers a list of groups and initiatives in his book who readers can contact and be inspired by to take action in their own home towns and states. We also discuss several emerging initiatives to expand access to voting, such as restoring voting rights to the incarcerated and even lowering the voting age to 16 (which is already being done for local elections in several jurisdictions!), as well as a number of initiatives on which we do not agree. That, of course, underscores the beauty of democracy...when we can actually find it. (Oh, and here's the link to where you can buy the book and a ticket to Josh's June 20 appearance at The Last Bookstore appearance here in L.A., as mentioned on the show!)

All of that, and even a quick --- rhyming --- listener call on today's program!...

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Also: Several other indictments today and, yes, still more unprecedented Trump Administration corruption...
By Brad Friedman on 4/11/2019 6:14pm PT  

On today's BradCast: You get an indictment! You get an indictment! You get an indictment! Everyone gets an indictment!!! Well, not everyone. At least not everyone who deserves an indictment. But a bunch of folks got indicted today in a bunch of separate federal cases. [Audio link to full show is posted below.]

One time Democratic hero and former Stormy Daniels attorney Michael Avenatti was charged in a 36-count federal indictment in California for allegedly stealing from clients, not paying his taxes, and committing bank fraud. Former Obama White House Counsel Greg Craig was charged by prosecutors in D.C. for lying to federal agents regarding his lobbying work in Ukraine, a case that came out of the Robert Mueller Special Counsel probe (where Trump Campaign chair Paul Manafort was previously found guilty of very related charges).

And, of course, WikiLeaks founder Julian Assange was finally arrested in the U.K. after being kicked out of the Ecuadorean embassy in London (where he's claimed asylum for the past seven years) before being found guilty by a British judge of skipping out on bail while facing extradition for charges of sexual assault in Sweden back in 2012. The Swedish charges have since been dropped, but Assange now faces both prison time in Britain and an extradition request from the U.S. where prosecutors unsealed a one-count indictment [PDF] against him today, as filed under seal in March of 2018.

For now, that charge is an allegation of "conspiracy to commit computer intrusion". Federal prosecutors in the Eastern District of Virginia claim he attempted to help crack a password for a classified Defense Department computer system to assist then U.S. Army Pvt. Chelsea Manning in hacking documents. That, after Wikileaks had already released hundreds of such documents --- many containing evidence of serious U.S. crimes --- taken by Manning, back in 2010. Freedom of the press advocates, however, warn today that the charges being brought by Trump's Dept. of Justice against Assange could be expanded to include normal journalistic activities, which could threaten the Constitutional rights of many media outlets and journalists alike.

We detail today what we know --- and don't --- about the indictment; what we know --- and don't --- about what Assange and WikiLeaks have done (including the release of documents stolen from the DNC and Hillary Clinton campaign in 2016); and what all of this may --- or may not --- mean for U.S. press freedoms as the case moves forward.

Also today: Some good news regarding the death penalty in New Hampshire; Some quick updates on Trump Treasury Dept. Secretary Steven Mnuchin's refusal (so far) to turn over Trump's tax returns to Congress in violation of the law; Trump Attorney General William Barr's obnoxious, hypocritical, and (so far) evidence-free claim that the Obama Administration was "spying" on the Trump Campaign in 2016; And more disturbing details on the perfidy and corruption of David Bernhardt, the longtime oil and gas industry lobbyist who was shamefully confirmed today by the U.S. Senate as Trump's new Interior Department Secretary.

Finally, Desi Doyen brings us the latest Green News Report on Trump's newly signed Executive Orders authorizing himself to, among other things, authorize new oil and gas pipelines without approval from other federal agencies, and to remove states' rights to block energy infrastructure that threatens local water supplies; the second bomb cyclone in weeks to likely bring billions in damages to a number of Midwestern states; and several troubling new studies regarding the acceleration of climate change and glacial ice melt now outpacing previous scientific predictions...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: WI's John Nichols; Also: McConnell 'nukes' Senate rules again; House to subpoena 'Mueller Report', request Trump tax returns from IRS...
By Brad Friedman on 4/3/2019 6:52pm PT  

There were a number of important elections held around the country on Tuesday, so on today's BradCast, we've got some of the reported results from the key races, including both good and bad news for Democrats and progressives. Oh, and some stuff happened in D.C. today as well. [Audio link to show is posted below.]

We start with the good news out of Chicago, where former federal prosecutor Lori Lightfoot will become the Windy City's first black female Mayor, as well as the city's first openly gay chief executive. Lightfoot, who has never held elective office, ran as a progressive reformer to clean up Chicago's notorious old-school, insider politics after Democratic Mayor Rahm Emmanuel chose not to seek a third term. She is said to have easily bested Toni Preckwinkle, another African-American woman and a longtime elected official. by a nearly 50-point margin in Tuesday's final runoff contest.

There was still more good news for Democrats in the key swing-state of Pennsylvania on Tuesday, where Democratic Navy vet and former Dept. of Veterans Affairs official Pam Iovino is said to have defeated Republican D. Raja in a special election for a state Senate seat representing a suburban district outside of Pittsburgh. Republicans have held that seat for most of the past half-century, and the district (which uses 100% unverifiable touchscreen voting systems) reportedly went to Donald Trump by 6 points in 2016, when he took the state's 20 electoral votes for the first time since 1988.

Iovino's 4-point victory over Raja is being regarded as a potential bellwether for next year's Presidential contest when Democrats will need to win back Pennsylvania, Michigan and Wisconsin --- all of which went to Trump in 2016 before electing Democratic Governors during statewide elections in 2018 --- if they hope to take back the White House.

While there was good news for Dems in Pennsylvania, the news out of Wisconsin on Tuesday was decidedly less good...at least as of this hour. Progressive-aligned state Supreme Court candidate Judge Lisa Neubauer had been widely expected to win the seat of a retiring progressive-aligned state Justice, but appears to have fallen just short against GOP-aligned Judge Brian Hagedorn, according to unofficial results.

Hagedorn, who has likened homosexuality to bestiality, derided Planned Parenthood as a "wicked organization" and called the NAACP a "disgrace to America", declared victory in the early Wednesday morning hours after computer tallies gave him a lead of just under 6,000 votes out of just over 1.2 million cast across the state. Neubauer's campaign announced the race was "too close to call" and "almost assuredly headed to a recount", stating that "Wisconsinites deserve to know we have had a fair election and that every vote is counted".

With the margin less than 1% (it is currently one-half of 1%), she will be entitled to request --- and pay for --- such a "recount". State law, however, currently leaves it up to local jurisdictions to decide whether they wish to tally the state's mostly hand-marked paper ballots manually or simply run them through the same computer scanners that tallied them (correctly or incorrectly, who knows?) on Election Night.

Tuesday's state Supreme Court contest in the Badger State was particularly important for Democrats who, even if they had won, would have retained a 4 to 3 minority on the state's high court. But, with a conservative-aligned Justice retiring next year and the replacement election to be held on the same day as the state's 2020 Democratic Presidential Primary, they had hoped to finally flip the court to a more Dem-friendly 4 to 3 majority next year for the first time in years. That majority would be particularly important following the 2020 census and the inevitable subsequent court battles over redistricting in one of the most extremely GOP-partisan gerrymandered states in the country, not to mention hopes for rolling back a host of rightwing initiatives enacted under Republican Gov. Scott Walker now that voters sent him packing last November.

We're joined today by Wisconsin's own JOHN NICHOLS, Washington Correspondent for The Nation and associate editor of Madison, Wisconsin's Capital Times, to help us make sense of Tuesday's stunning reported results that appear to have taken both Democrats and Republicans alike off guard.

How and why did it happen, given Neubauer's huge fund-raising advantage over the toxic, Koch-supported former Walker protege who many Republicans chose to stay away from? Did a last minute infusion of out-of-state Republican cash make the difference? While turnout increased for both parties compared to the state's last Supreme Court election in 2018 (when the Dem-aligned candidate won by a full 12 points!), why did turnout appear to increase more for the GOP this year? And what happened that dampened turnout in Milwaukee?

Does a potential "recount" have any chance of reversing the currently reported results? And what should all of this --- an objectionably flawed rightwing candidate seen as having little chance of winning in Wisconsin, before he then goes on to narrowly win the state --- tell Democrats as they head into the crucial 2020 Presidential election looking to flip WI back into the D column? We discuss all of that and much more with the ever-wise Nichols today, who offers this "number one lesson" to progressives: "Do not assume Donald Trump is doomed."

Finally, there was also a lot of stuff that happened in Congress today for a change as well: The House Judiciary Committee voted to approve subpoenas for the Department of Justice to require Trump's Attorney General William Barr to turn over the full, unredacted Mueller Report, including its exhibits and underlying evidence; In the Senate, GOP Majority Leader Mitch McConnell unilaterally invoked the so-called "nuclear option" to change Senate rules, after failing to do so via regular Senate votes, in order to reduce the time needed to install Trump appointees to executive agencies and lifetime positions on the federal bench. The new rule will now require just 2 hours of debate, rather than 30, before holding a vote on such appointees; And, late in the day, the Democratic U.S. House Ways and Means Committee Chairman Richard Neal sent a letter to the IRS formally requesting the past 6 years of Donald Trump's tax returns as well as those for eight of his business entities. The House actions are certain to face challenges from the White House and likely end up being decided in court...

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Guest: Susan Harley of Public Citizen; Also: CA Guv halts death penalty; Manafort sentenced to 7 years, charged in NY; GND already paying off...
By Brad Friedman on 3/13/2019 6:48pm PT  

On today's BradCast: Democrats propose a new tax on Wall Street traders that could both put the brakes on market volatility that threatens the investments of average Americans, while raising billions of much needed dollars for the federal government. [Audio link to show follows below.]

But first, some good news for the nation out of California. Newly elected Democratic Governor Gavin Newsom has now signed an executive order placing a moratorium on the state-sanctioned killing of some 737 individuals on the state's death row. Describing the death penalty as "discriminatory" and a "failure" that has resulted in the deaths of "wrongly convicted" people proven innocent, while costing the state billions of dollars, the Governor has now blocked the barbaric planned executions of about one quarter of those slated to be killed by governments across the nation.

"It’s a very emotional place that I stand," Newsom said at a presser today, "This is about who I am as a human being, this is about what I can or cannot do. To me this is the right thing to do." As we discuss, it's not the first time that Newsom, as a public official, has placed doing the right moral thing over what may or may not be politically popular, at the moment, among the electorate.

Back in Washington D.C., Donald Trump's former campaign chairman Paul Manafort was sentenced to an additional 73 months for criminal conspiracy fraud and witness tampering on Wednesday. Some of those months will be served concurrently with the 47 months he was sentenced to last week in a Virginia federal court related to undisclosed lobbying for a pro-Russia political party in Ukraine. With the partially concurrent sentencing, the 69-year old Manafort now faces nearly seven years in prison.

While none of the 20 or so federal counts in two different courts that Manafort was found guilty of had charged "collusion" with Russia for interference in the 2016 election, his attorney and Donald Trump used the occasion once again to lie about that fact to the American public today. But just minutes after today's new sentencing, Manhattan's District Attorney announced 16 new indictments against Manafort in state court related to mortgage fraud and more than a dozen other crimes for which, if found guilty, the President would be unable to pardon him. Trump's pardon power extends only to federal, not state crimes.

As the madness surrounding our criminal Presidency continues, Democrats in Congress are pushing ahead with a number of progressive policy proposals in advance of 2020 to hopefully help pull the nation out of its current self-imposed morass and rebalance some of the worsening inequities between the wealthy, the poor and the middle class. Senator Brian Schatz (D-HI) and Congressman Pete DeFazio (D-OR) have now introduced new legislation that would create a very small, 0.1%, Financial Transaction Tax (FTT) on every stock market transaction. The bill [PDF] --- which already has a number of Democratic cosponsors in the House and Senate, including among Presidential hopefuls --- is estimated to raise as much as $800 billion in much-needed revenue for federal coffers over ten years. As importantly, the measure is designed to ease market volatility by curbing the legalized skimming that takes place by high volume computer traders who purchase trades from normal investors and sell them back to the investors at a higher rate, all within a fraction of a second.

The legislation is supported by some 60 non-partisan good government organizations, including Public Citizen. Attorney SUSAN HARLEY, Deputy Director of the group's Congress Watch division, joins us today to explain this new move toward an FTT that would cost traders one-tenth of a cent per dollar traded. That's $1 for every thousand invested or, as Harley explains, "Ten cents out of every 100 dollars traded. That's why we like to talk about it as rebuilding Main Street on Wall Street's dime."

"We do pay taxes on all of our purchases," she tells me. "so Wall Street should be doing the same as far as these stocks trades, bond trades, and derivative trades. It absolutely is about fairness, about making sure Wall Street is paying back the US because we did bail them out for the financial crash."

She details how the proposal is ultimately a very progressive tax, even as it's very small, because it would largely fall on the wealthy. "We've really got to re-balance our tax code, and unrigging our economy starts with making Wall Street pay its fair share. The top 1% of society owns two thirds of all financial securities."

"We did research on existing fees --- things like commission, overhead costs, broker fees. The Financial Transactions Tax would be only about $80 for the average 401k or retirement saver, versus more than $1000 in existing fees. That's just the average. Some funds have existing fees of more than $2500 dollars. So, it really is a drop in the bucket as compared to the existing commissions and other types of ways that Wall Street is taking it out of the pocket of average investors."

Harley discusses both the legislation's challenges and growing political support on Capitol Hill, where the Trump/GOP 2017 $1.5 trillion tax cut, largely for corporations and the wealthy, has resulted in record trillion dollar annual deficits and a recent budget proposal by Trump to cut more than a trillion dollars from social programs like Medicare, Medicaid and Social Security. (He had vowed to not cut those programs during his 2016 campaign, while suggesting that Democrats would do so.)

Finally, speaking of progressive policy proposals, the recently introduced Green New Deal is already paying off. Rightwingers have been freaking out about it, and lying about it, but they are also scrambling to respond after realizing its huge popularity among the electorate and how silly they look. Several longtime climate science deniers, including Trump acolyte and accomplice Rep. Matt Gaetz (R-FL), are now taking baby steps by conceding that "climate change is real" and "humans contribute". Soon they may even notice that, according to climate scientists, human activity is actually responsible for 100% of the warming we've seen to date. But, hey, it's a start...

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