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Latest Featured Reports | Tuesday, November 13, 2018
FL 2000 'Recount' Chief: State 'Cannot Physically' Complete 'Recounts' by Deadline: 'BradCast' 11/12/18
Guest: FL's Ion Sancho; Also: CA fires; Sinema wins Senate in AZ; Legal fight for GA Guv...
Sunday 'VFW' Toons (Veterans Forgotten by Washington)
PDiddie's weekly toon collection nods to those gone and forgotten by some, and those not gone, but who we might like to forget...
Election Battles Rage in FL, GA: 'BradCast' 11/9/18
Guest-host Angie Coiro w/ latest on ballot fights in Senator, Guv races and other news; Also: Law360's Amber McKinney on DACA; D.D. Guttenplan on progressivism's future...
Dems' Challenge to FL 'Sig-nature Mismatch' Law Could Determine Guv, Senate Races
Even former Democratic Rep. Murphy disenfranchised when ballot was rejected...
Statewide 'Recounts' Likely in FL, GA, AZ Senate, Guv Races: 'BradCast' 11/8/18
Campaigns fight to 'count every vote' amid uncounted and rejected ballots, undervotes, computer-tabulation concerns; Also: CA mass shooting; RBG hospitalized; Trump Crisis...
'Green News Report' 11/8/18
  w/ Brad & Desi
GNR Special Coverage: Big wins, losses for the environment in 2018 midterms -- Science to return to the House Science Comm., Big Oil money crushes state energy ballot measures...
Previous GNRs: 11/6/18 - 11/1/18 - Archives...
Election Day 2018 An Entirely Predict-able Mess (Again): 'BradCast' 11/6/18
Hours-long lines, failed vote systems leave voters, ballots stranded; Also: Lulu Friesdat on tabulation mysteries, unlawful Wi-Fi in Dallas County, TX counting room...
'Green News Report' 11/6/18
SCOTUS allows kids' climate trial to proceed; 90% of kids breathe highly polluted air; Plastic pollution everywhere, even in humans; PLUS: World Bank nixes coal...
GA's Kemp Falsely Reports Voter Database Flaw as Dem Hack: 'BradCast' 11/5/18
Guest: Election integrity expert Marilyn Marks on Kemp's repeated 'cybercrimes' lies parrotted by media, while he oversees own Guv election against Abrams...
Sunday 'Fear Itself' Toons
If only the only thing we had to fear today was PDiddie's latest toon collection...
2018 Sec. of State Races Key to 2020 Presidential Election: 'BradCast' 11/2/18
Guest: Ari Berman on suppression and key down-ballot races; Also: Election nightmares previewed in WI, TN, ND?; Third-party pull-outs in AZ, MT Senate races...
2018 Guv Races Key to House Majorities in 2022, Beyond: 'BradCast' 11/1/18
Guest: Vox' Dylan Scott with encouraging news for Dems in several 'red' states; Also: More trouble at polls...
'Green News Report' 11/1/18
Criminal referral for Zinke; Ocean heat worse than known; G.M. wants e-car mandate; Our most crucial election; PLUS: Teen activist launches kids' strike for climate...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


Also: Listeners respond to Dem plan to block Kavanaugh at SCOTUS...
By Brad Friedman on 7/12/2018 5:42pm PT  

On today's BradCast, let's join the President and pretend that he's been victorious once again! Or, let's discuss the reality of the havoc being wrought by both him and the party that supports him as they go even farther off the deep-end and hope to take everybody else with them. [Audio link to show is posted below.]

Among the stories covered on today's broadcast, as we continue to counter the madness with actual, independently verifiable facts...

  • Trump wreaks absolute havoc at the NATO summit in Brussels, makes ridiculous demands that lead to an emergency meeting of our allies, and then declares he's fixed it all. He hasn't. But, let's pretend, as he claimed, that NATO is now a "fine-tuned machine". (Does that claim ring a bell?) We offer a fact-check on Trump's actual ridiculous claims and the realities behind them;
  • Back at home, Trump-fueled chaos similarly breaks out at a joint hearing of the U.S. House Oversight and Judiciary Committees during public testimony by longtime top FBI counter-intelligence official Peter Strzok, whose private text messages to his girlfriend, another FBI agent, have been cause for Trump, the GOP and rightwing media to pretend that Special Counsel Robert Mueller's investigation was somehow part of a long "deep state" plot by the FBI to prevent Trump from being elected. Except he was elected. (Some plot!) And Mueller's probe has since resulted in dozens of indictments and guilty pleas from many top Trump campaign and White House officials. But we can keep pretending; In some remarkable audio from the insane hearing in the House today today, Strzok strikes back and helps reveal the Republican House witch-hunt against the Special Counsel for much of what it really is.
  • Speaking of reality, new data out from the U.S. Bureau of Labor Statistics and elsewhere reveals that not only have the Trump/GOP tax cuts from last December not resulted in increased pay for the "forgotten men and women" of the middle-class, as they'd promised, but workers are now actually making less than they did before the massive, deficit-blowing cuts which have resulted only in record profits for corporations and the already-wealthy;
  • And, finally, Desi Doyen joins us for the latest Green News Report with more on the existential threat Kavanaugh's seating poses to the environment, how a major oil company CEO is calling for a speed-up of the transition to electric vehicles, and how a world full of poo just might save itself...

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

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Guest: The Intercept's Ryan Grim on Senate Dem hopes of derailing Brett Kavanaugh; Also: The Administration's trade wars, new attacks on 'ObamaCare' keep undermining GOP voters...
By Brad Friedman on 7/11/2018 6:41pm PT  

On today's BradCast, Donald Trump's trail of destruction continues to spread, as Senate Democrats fumble for a strategy to oppose his new U.S. Supreme Court nominee. [Audio link to show follows below.]

First up, the President of the United States attacked Germany in advance of today's NATO summit in Brussels, charging one of our top European allies is "totally controlled by" and "a captive of Russia". Setting diplomatic failures and ironies aside, even worse destruction continues to be waged on Americans back home.

Trump's Administration escalated his trade war with China this week, announcing plans for another $200 billion in tariffs (taxes on the American people) on imported products, after China's dollar-for-dollar retaliation against Trump's previous round of tariffs on $34 billion in imported goods. The damage from that war is already being felt on the U.S. economy, particularly on farmers in Midwestern states, where sales have been plummeting for weeks after China stopped purchasing U.S. soy beans and other agricultural goods in response. BMW, the leading auto-exporter in the U.S., has now announced that new tariffs against China are leading the company to raise prices on SUVs, and move some of their manufacturing in South Carolina (and the jobs that go with it) out of the country --- to China. Vice-President Mike Pence is being dispatched this week to Midwestern states to try and convince GOP donors to stick with the party, despite the damage being done to those voters and companies in "red" states who had supported Trump.

As that self-destruction plays out, the Administration continues its pointless and cruel attacks on the Affordable Care Act (ObamaCare), even though those hurt by several newly announced cuts and refusals to make billions in legally-required payments to insurance companies (paid for by other insurance companies, not by tax-payers) --- as announced over the long holiday weekend, so few would notice --- serve to hurt mostly those who don't receive their healthcare via Obama's 2010 law. The new cuts and blocked payments, according to industry experts, will end up costing both consumers and the federal government itself much more money in the bargain, as premiums will now likely skyrocket again in 2019 and subsidy payments by the Government under the Affordable Care Act will be forced to rise along with them.

Then, we're joined by The Intercept's D.C. Bureau Chief RYAN GRIM to discuss the less-than-inspiring effort, so far, by Senate Minority Leader Chuck Schumer to unify his Democratic caucus against Trump's second U.S. Supreme Court nominee, Judge Brett Kavanaugh. Schumer is encouraging Americans to call their Senators in opposition to Kavanaugh, and Ryan reports that he is warning colleagues they face a serious backlash from their base voters if they fail to put up a brutal fight against the nominee's confirmation.

Nonetheless, Ryan's sources also suggest that Schumer's leadership on this critical issue (and others) is lacking, to put it nicely. He tells me that Schumer has determined, based on polling and the Dems' failed effort to block Neil Gorsuch, Trump's first nominee last year, that the opposition effort must focus on policy issues relating to Kavanaugh's record and the direct threat he poses to a host of hard-won Constitutional rights and statutes at SCOTUS. That, instead of a fierce procedural fight in response to the GOP's theft of the Court majority when they refused, in 2016, to vote on --- or even meet with --- President Obama's nominee to the court, Merrick Garland, for an entire year.

"He saw a lot of polling that was quite conclusive that the argument about substance was going to be the one that won out over the one over process," says Ryan.

That said, we discuss a number of options that Democrats could still pursue to block the nomination against the Republicans very thin Senate majority, including attempts to deny quorums in the Senate Judiciary Committee during Kavanaugh's confirmation hearings and/or walking out of the Capitol to deny a Constitutionally-required quorum to prevent a floor vote entirely before the November midterms. Ryan tells me that both options have been and are still being considered by some Democrats, while going on to explain some of the considerable risks those options pose and why Schumer is said to be shying away from such hardball tactics.

"It is something that has risen to the level of leadership conversations, but as of now, it's Schumer's opinion that can't be done," he tells me, adding: "I don't think anybody knows what the best path forward is. It's definitely something that's being considered. And the more attention there is to that strategy and the more pressure there is, then the more energized Senate Democrats are. So it's worth talking about, at a minimum."

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

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Slate legal reporter Mark Joseph Stern on Judge Brett Kavanaugh, the Constitutional rights he is likely to help overturn, and his background as a Federalist Society-trained party 'apparatchik'...
By Brad Friedman on 7/10/2018 5:41pm PT  

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

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

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

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

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

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

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

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

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

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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Also: Plastic straws, straw polls, final straws, some actual good voting news, RIP Ed Schultz, and a bunch of listener calls...
By Brad Friedman on 7/9/2018 5:57pm PT  

A whole lotta stuff happened over the long holiday weekend, much of which the Trump Administration hopes you don't notice at all. We try help you notice them on today's BradCast. [Audio link to full show is posted below.]

But we start with some of the very few bits of good news we could find, as November's elections --- and our only hope --- loom large. First up: A petition drive in Michigan to place a host of election reforms on the ballot appears to have been successful. With 430,000 signatures submitted (far more than the 316,000 required), it looks like Michiganders will be able to vote for automatic voter registration, same-day registration, no-fault absentee voting and much more this Fall.

In Kansas, following a trial and federal court order, Kris Kobach, the state's embarrassing Sec. of State, has finally added some 25,000 voters to the rolls who had been denied access for lack of "Proof of Citizenship" documents. The court struck down the state law requiring the documentation as unconstitutional after Kobach monumentally failed in his defense of the law during the recent trial on behalf of voters who had challenged it. That hasn't stopped the GOP's top "voter fraud" fraudster, however, from claiming --- you guessed it --- fraud during a recent GOP straw poll in advance of the August primary in the state, where Kobach hopes to win the Republican nomination for Governor. (He lost the straw poll to Republican Gov. Jeff Colyer...by a lot.)

In other (largely) good news, Starbucks says they plan to do away with plastic straws to help save the planet (and comply with local governments who are banning them.)

Then, to the much less good news, as all-time heat records were shattered, by double-digits, here in Southern California over the holiday. Though the wildly corrupt fossil-fueled tool Scott Pruitt was finally forced to resign over the holiday weekend as chief of the Environmental Protection Agency (his resignation letter is amazingly creepy!), his second-in-command, Andrew Wheeler, an actual coal industry lobbyist, will now take over the EPA.

Also in recent days, two issues that Trump claims to have fixed (which he broke in the first place), have proven not to have been fixed at all. Despite Sec. of State Mike Pompeo describing recent "denuclearization" talks with North Korea as "productive", the North's Foreign Ministry characterized the U.S. attitude at negotiations as "gangster-like" and "cancerous" just after he left. That, after Donald Trump recently declared: "There is no longer a Nuclear Threat from North Korea".

And, the chaos continues as the Administration is reportedly nowhere near being able to reunite some 3,000 children with their parents, as required by a federal court order and deadlines, after they were separated at the southern border by Trump's immigration goons. That, after identification documents for many of the children were reportedly lost or destroyed, and despite Trump signing an Executive Order two weeks ago which he said would solve the tragic separations that he caused in the first place.

Finally today --- along with a ton of phone calls from listeners on all of the above and much more throughout today's show --- a few words, and some personal remembrances, on the sad passing last week of progressive radio and television broadcaster, and workers' champion, Ed Schultz...

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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On how I started blogging, the many still-unanswered questions about the 2016 election, how our voting systems are getting worse, not better, and what we all must do right now to protect the 2018 midterm elections...
By Brad Friedman on 7/3/2018 3:52pm PT  

Desi and I are ducking out for a short breather over the Independence Day holiday. But, before we go, I appeared recently on Free Forum, hosted by longtime broadcaster and great interviewer TERRENCE MCNALLY.

So, with McNally's kind permission on today's BradCast, we bring you that recent interview, originally recorded in studio on June 24, 2018 at KPFK, our flagship Pacifica Radio Network station in Los Angeles, in which the tables are turned a bit on me.

I respond to his questions about my background, the bizarre circumstances --- and, yes, election chicanery --- which helped lead me deep into the world of investigative blogging, broadcasting and muckraking some 15 years ago.

We also discuss detailed concerns about the reported (and still unverified) results of the earth-shaking 2016 Presidential election, how jurisdictions around the country are now moving to new computerized voting and tabulation systems in its wake (even as those systems, with computer-marked, barcoded ballots will only sever to make public oversight of results worse, not better) and what Americans can do right now to fight like hell to assure they are able to vote and have their votes counted as per intent in the crucial 2018 midterms.

Much thanks to Terrence for allowing us to re-purpose his program for today's BradCast! Please see and download his many years of insightful interviews with tons of fascinating and much smarter folks than I, and sign up for his weekly email announcement list, at his website, AWorldThatJustMightWork.com! You can also hear his show on weekends at ProgressiveVoices.com and TuneIn.

We'll be back with ya after the holiday weekend! Please stay safe and, somehow, cool, until our return!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Good advice from smart people on this very dark moment in U.S. history; Also: More encouraging results from Tuesday's primaries...
By Brad Friedman on 6/28/2018 5:52pm PT  

On today's BradCast we take a precious few minutes to duck out of the horrific breaking news cycle this week --- sort of --- for some words of wisdom and perspective from a number of very smart folks in response to the news that Justice Anthony Kennedy is resigning, and all of the fear, panic and depression that is going with it for many progressives. [Audio link to show follows below.]

Among the smart folks we turn to for sage thoughts today: longtime newsman Dan Rather, civil rights icon Rep. John Lewis & Daily Kos' "Meteor Blades", blogger and activist Zawn Villines and journalist David Dayen. Each offer helpful, non-pollyannaish advice on keeping our current moment in the appropriate perspective. That, while the struggle for justice and to somehow save the U.S. Supreme Court from an onslaught of GOP/Trump hypocrisy, extremism, lies, cynicism, and far-right schemes to roll back decades of hard-fought civil, voting, human and reproductive rights, will demand persistence and steady, determined courage in the days ahead.

Nonetheless, both pessimism and despair are counterproductive to progress. So I hope today's program helps us all (including me!) to stay a bit more hopeful, optimistic and healthy, during these seemingly ever-darkening hours.

Also providing a bit of hope and inspiration today, some more news from Tuesday's primary elections, in which an extraordinary progressive 28-year old Latina from The Bronx unseated a 10-term Democratic member of the U.S. House Leadership establishment in New York's Democratic primary, despite being outspent 15 to 1; A record third LGBT person this year has now won a Democratic nomination for Governor, this time in Colorado; And Oklahoma voters unseated a host of Republicans in the state House and Senate who voted against recent tax increases to fund education following a two-week long teacher walk-out and years of slashed funding to pay for massive corporate tax cuts; And, as if that's not enough good news from supposedly "conservative" Oklahoma, voters also approved a citizen-sponsored statewide ballot initiative for medical marijuana, in defiance of GOP elected officials and a well-funded campaign against it. We join Steven Colbert's celebration on that today.

Finally, Desi Doyen joins us for the latest Green News Report, with more on Kennedy's climate legacy at SCOTUS, environmental concerns in the wake of his retirement, and a few other encouraging results from this past Tuesday's primaries in seven states...

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Guest: The Nation's John Nichols on all of that and the stolen SCOTUS' anti-union decision today and whether it's time for Dems to 'steal' it back...
By Brad Friedman on 6/27/2018 5:39pm PT  

On today's BradCast: Political earthquakes. Several of them. All shaking up the political world just within the past 12 to 24 hours. As if we needed still more chaos. [Audio link to show follows below.]

We do our best to navigate through as many of those temblors --- one or two of them quite encouraging, the rest, not so much --- as possible, with the help of our guest today, JOHN NICHOLS, longtime progressive champion and Washington Correspondent for The Nation.

Among the several earthquakes covered today: Antonia Ocasio-Cortez, a 28-year old Latina and political novice unseated Democratic Rep. Joe Crowley, the fourth most powerful Democrat in the U.S. House, by a huge margin (some 15 points) during Tuesday's midterm primaries in New York's 14th Congressional District. The defeat of a 10-term incumbent, previously thought to have been a potential future Speaker of the House, by a self-described Democratic socialist who raised and spent millions less than Crowley, has sent shockwaves through the Democratic establishment.

"When we vote, this is what happens," Ocasio-Cortez declared today after her stunning upset victory, following on the heels of her viral campaign video in which she declared the race "about people versus money. We've got people, they've got money." In the strongly Democratic district in Queens and The Bronx, she is almost certain to win this November.

In Maryland, meanwhile, another proudly progressive Bernie Sanders acolyte, former NAACP Chair Ben Jealous bested several other Dems to win the nomination to run on his bold populist agenda against popular GOP Gov. Larry Hogan this November.

Also on Tuesday night, a federal judge in San Diego --- a George W. Bush appointee --- issued a ruling requiring the Trump Administration to reunite families separated at the border within 30 days or less. (Within 14 days, if children younger than 5 are included.)

On Wednesday, however, things to several turns for the worst. First, the stolen 5 to 4 majority on the U.S. Supreme Court, in yet another far-right ruling overturning decades of established law, struck down so-called agency fees that public sector unions had been allowed to charge non-union members in exchange for representing them in collective bargaining negotiations. Though federal law still requires that non-union members receive the same pay and benefits as union members, the Court's final ruling issued before Summer recess means public sector unions are likely to lose millions of dollars and hundreds of thousands of members. The decision is seen as a huge blow to labor and a long-sought victory for Republicans. In her dissent to Justice Samuel Alito's majority opinion finding the 40-year old violated First Amendment free speech rights of non-union members, Justice Elena Kagan charged her GOP colleagues with "weaponizing the First Amendment" for political purposes. "At every stop," she charged in her opinion, read from the bench, "there are block-robed rulers overriding citizens' choices. The First Amendment was meant for better things."

But the day's largest earthquake, by far, came shortly thereafter, as 81-year old Justice Anthony Kennedy, a conservative Ronald Reagan appointee, who was often the swing-vote on issues such as abortion, gay rights and other progressive causes, announced he would be retiring at the end of July.

Nichols, author of The Horsemen of the Trumpocalypse, helps us navigate all of the above today, with analysis and insight on all of today's political earthquakes, as well as my argument that Senate Democrats must now follow the so-called "McConnell Rule" --- which Senate Republicans used to prevent a vote on Merrick Garland, President Obama's nominee to fill a vacant SCOTUS seat, for nearly a year in 2016 before it was ultimately filled by Trump's nominee Neil Gorsuch in 2017.

Not only must Dems insist on no voting on any Trump nominee to SCOTUS until after the November Election and the seating of the next Senate, just as McConnell and the Republicans did in 2016, but since Repubs unilaterally changed the Senate filibuster rule in order to force Gorsuch's confirmation through with a bare majority, Dems should consider walking out entirely --- for months, if necessary --- if the absence of a Senate quorum might prevent a vote on whoever Trump nominates to fill Kennedy's seat.

Yes, shut it all down, if necessary. As I argue today, the stakes are now that high. In order to prevent the further erosion of enumerable long-held American rights and values, Democrats now need to put it all on the line in advance of the 2018 midterm primary, which could flip the balance of the upper chamber to the Democrats. Nichols responds with his own thoughts in response to my assertion, and much more --- including on some of the otherwise very good news for progressives from Tuesday's primaries...

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

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

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

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

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

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

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

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

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

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

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

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

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

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Guest: Slate legal reporter Mark Joseph Stern; Also: Abuse reported at child immigrant detention centers; Trump's trade war dangers; More...
By Brad Friedman on 6/21/2018 6:04pm PT  

On today's BradCast, we have not one, but two important and separate warnings for Donald Trump and the Republican Party, as pulled from the deep audio archives of 1988. Both of which --- on two separate topics from two separate people --- they seem to be completely ignoring, even as one of those warnings comes from their supposed idol Ronald Reagan. [Audio link to show posted below.]

First up today, the Trump-caused child immigration crisis continues to unfold with several disturbing new reports of unspeakable abuse at two separate federally-contracted facilities, based on filings in new federal court cases. One from Associated Press on beatings and more at a youth facility in Virginia and the other from the Center for Investigative Reporting on the forced injection of psychotropic drugs at a facility near Houston. That, as an Executive Order signed by the President on Wednesday, reversing part of his Administration's policy, fails to speak to family reunification for more than 2,300 children separated from their parents in recent weeks under Trump's "zero tolerance" border policy, and an Administration request to the Pentagon for space to house some 20,000 migrant children.

While all of those American nightmares have been unfolding over the past week, the effects of Trump's growing trade war have been quietly playing out in the background, as the Dow has dropped some 600 points over the past four days, with China and friendly allies like Canada, Mexico and the EU vowing massive and swift retaliation for ill-considered tariff's on foreign imports instituted by Trump. Among the hardest-hit victims of his new trade wars: farmers who were among some of biggest supporters of Trump's candidacy in 2016.

Perhaps that explains why, as share in an audio clip from 1988 today, Ronald Reagan warned: "We should beware of the demagogues who are ready to declare a trade war...all while cynically waving the American flag."

Next, we're joined by MARK JOSEPH STERN, legal reporter at Slate, and our "Supreme Correspondent" this month, as the U.S. Supreme Court slowly releases a bevy of decisions in advance of their planned Summer recess, on a number of major cases heard at the high court over the past term. Among the cases we discuss today:

  • On Thursday, SCOTUS released a 5 to 4 decision allowing states to impose sales taxes on all online purchases. The ruling found some very strange bedfellows in both its majority and minority opinions, but both Stern and I agree, the decision makes sense, and will be good for local retailers, jobs, the economy and state budgets where, particularly in "red" states, tax cuts in recent years have lead to the gutting of education, infrastructure and other important social services. The 1967 SCOTUS ruling struck down today, was "a totally capricious standard that the Court created itself," Stern argues. "This was the Court fixing a problem that it made."
  • Stern also details an exceedingly troubling --- if little reported --- case out of South Dakota, where a man was found guilty of murder and sentenced to death, according to jury members themselves, they feared, as a gay man, he might enjoy life in prison too much. Seriously. Perhaps the most disturbing part of this matter: the Court declined to hear the case at all. Even the liberal Justices failed to offer a written dissent to the Court's decision.
  • We also discuss the SCOTUS' regrettable punts this week on two partisan gerrymandering cases in Wisconsin and Maryland. (More on those cases earlier this week, with author David Daley on Monday's BradCast.)
  • And the seemingly unprecedented federal court smack down of Kris Kobach, notorious GOP "voter fraud" fraudster and Kansas Secretary of State. His "Proof of Citizenship" voter registration law was struck down by a George W. Bush-appointed federal judge, and he was slapped for his contemptible performance in the courtroom --- where he represented both himself and the state of KS --- with more humiliating sanctions that include an order to attend six hours of legal classes. Moreover, as Stern reports, Kobach appears to be in still more violation of court orders, as he has yet to remove the requirement for citizenship documentation for voter registration from the KS Sec. of State website, as the judge ordered him to do "immediately" in her ruling on Monday.

    "I think that there is a decent chance that we could see even more sanctions for Kobach after this," Stern tells me. "Kobach is such a clown that this judge is going to finally have to bring down the hammer and I think it's going to be a glorious sight." (More on that case, with Sophia Lakin, one of the ACLU trial attorneys on the case, from Tuesday's BradCast.)

  • Previewing the cases still to come before the end of the month, Sterns warns: "I think the Supreme Court is going to hobble public sector unions by preventing them from collecting dues from no-union members. I worry the Supreme Court is going to uphold the [Muslim] travel ban. I do think the Court may put real limits on the government's ability to collect information about where your cell phone has been from your provider. That's going to be a bright spot, I hope. But I also think the court's going to end up striking down California's disclosure requirements for crisis pregnancy centers. So, this is s not going to be a good term for progressives. I think everyone needs to just buckle in and focus on November."

Finally, Desi Doyen joins us for the latest Green News Report on a number of important issues that the Trump Administration did quietly this week as the rest of the nation and media were consumed with the child immigration story, and the 30th anniversary of Dr. James Hansen's first dire warning to Congress --- also in 1988 --- about the then-looming menace of global warming due to the unprecedented release of greenhouse gasses, such as carbon dioxide from the manmade burning of fossil fuels, into the atmosphere...

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Also: D.C., AR election results; Why 'both sides are the same' argument from progressives is pathetic; Canada legalizes recreational pot...
By Brad Friedman on 6/20/2018 6:20pm PT  

On today's BradCast: Trump gets even uglier as he's forced to back down on his lies about his immigration policies. A few election results out of D.C. and Arkansas. And some thoughts for progressive voters as we barrel towards this November's crucial midterms. [Audio link to show posted below.]

First up: A quick round-up of results and problem reports following primary elections on Tuesday in Washington D.C. (where voters adopted a $15 minimum wage measure for those in the service industry, despite a cynically and wildly misleading "Save Our Tips" campaign funded by the restaurant industry in opposition to Initiative 77) and in Arkansas (where runoffs were held following primaries and a computer tabulation "fiasco" late last month on 100% unverifiable touchscreen voting systems made by ES&S.)

Next: After repeatedly claiming he didn't have the legally authority to keep parents and children together after they were arrested crossing the border, Donald Trump buckled under growing political pressure and signed an executive order on Wednesday to allow parents and children to stay together after being arrested crossing the border.

Many questions (and legal challenges) lie ahead regarding the new policy and what will now happen to those 2,300 children ripped from their parents over the past month following the Administration's chaotic and ill-considered "zero tolerance" policy at the southern border.

We cover a number of related stories to all of that today, as well as some response to our coverage of the issue over the past week. That response includes a bit of a rant in return, regarding the necessity of voting for Democrats this November --- good ones or bad ones --- in service of putting some brakes on the disastrous cruelty and incompetence of Trump/GOP rule in D.C. (Or, for those who prefer the chaos and cruelty of the Trump Administration, and there are many who do, the option to vote for Republicans or stay home entirely in support of still more of it.)

I've got a bit of a rant today (and so does Desi) on the incredibly lazy argument, still heard from some progressives --- even after all that we've seen in the Trump Era --- that "both sides are the same". We've got a few words for those who forward arguments which support that notion, which serves only to perpetuate the worst of the Trump/GOP's inhumane and horrifically destructive policies.

Finally: As a reminder what can happen in a mostly normal, progressive country, Canada, on Tuesday night, ended 90 years of failed prohibition policy, by approving the sale and use of recreational marijuana across the entire country...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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