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Latest Featured Reports | Monday, March 18, 2024
Corporations 'Taking a Bazooka' to NLRB, Hoping to Declare it 'Unconstitutional': 'BradCast' 3/18/24
Guest: Labor journo Steven Greenhouse; Also: Putin's 'election'; Trump can't find $450M...
Sunday 'Wouldn't Wanna Be Ya' Toons
FEATURING: Moses Mike...Trump II Terror...TikTok Truth...and more in our latest collection of the week's most secular toons!...
Schumer Steps Up; Trump Associates Paid Biden 'Bribe' Liar $600k: 'BradCast' 3/14/24
Also: TikTok foolishness; NY hush-money trial delay?; Navarro must go to jail; Trump owes $400k for failed 'Steele Dossier' suit in UK...
'Green News Report' 3/14/24
  w/ Brad & Desi
FL bans heat protections for workers; Methane leaks continues; Repubs' Project 2025 would ban Paris Climate Agreement; PLUS: CA snowpack is back, but too late for the salmon...
Previous GNRs: 3/12/24 - 3/7/24 - Archives...
After Accountability for Fraud, What's Next for the Corrupt NRA and Gun Safety Reforms?: 'BradCast' 3/13/24
Guest: Brady Center's Kelly Sampson; Also: Biden, Trump clinch; GA judge nixes 6 counts...
How to Media Better and Other Smart Ideas:
'BradCast' 3/12/24
Press quietly resets weeks of misreporting on Biden; Suggestions for NYT; Stephanopoulos v. Mace; Also: Buck quits; RNC 'bloodbath'; WI's MAGA Speaker Recall...
'Green News Report' 3/12/24
Biden touts climate jobs boom at SOTU; Feb. obliterated global temp and ocean heat records; PLUS: Great Barrier Reef hit with yet another 'mass bleaching event'...
Biden's Bold SOTU, Britt's SOTU Border Lies: 'BradCast' 3/11/24
Listeners ring in on that, Brad's hack of Daylight Saving Time and more...
The GOP's Exploitation of Laken Riley
CANNING: Suddenly they care about gun violence?...
Sunday 'Strongman' Toons
FEATURING: Sleepy Joe...Cognitive tests...The People's Court...and more in our latest collection of the week's most powerful toons!...
Echoes of Hitler's 'Final Solution' in Trump's Call to 'Finish the Problem' in Gaza
CANNING: 'In normal times, Hitler comparisons might seem over the top. These are not normal times'...
SCOTUS 14.3 Ruling a 'Sham' Says Group That First Raised Issue: 'BradCast' 3/7/24
Guest: Ron Fein of FSFP; Also: Sweden in NATO; Biden aid to Gaza; 'No Labels'; More...
'Green News Report' 3/7/24
2024 nominees set, climate stakes couldn't be higher; Broken utility pole caused TX fires?; Coastal U.S. cities sinking; PLUS: N. Atlantic keeps breaking heat records...
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: Chair of Trump Inaugural Committee, Tom Barrack, arrested, charged with acting as foreign agent, lying to FBI...
By Brad Friedman on 7/20/2021 6:44pm PT  

Among the many sad legacies of the awful Donald Trump years, is how angry everyone has become in its wake. For always-angry Trumpers, ticking off "the libs" is a feature, not a bug. For progressives, however, while there is much to be justifiably angry about, we are wise to hold our outrage for points that actually matter...and happen to be true. We've got plenty of both on today's BradCast. [Audio link to full show is posted at end of this summary.]

First up, shortly before airtime today, the Dept. of Justice arrested and charged Trump's longtime friend, advisor and top fund-riser, Tom Barrack, who chaired the disgraced former President's corrupt Inaugural Committee in 2017. Barrack was charged on seven federal counts, including using his access to Trump to lobby for the United Arab Emirates and lying about it to federal agents. As an unregistered agent for the UAE, Barack allegedly lobbied both the Trump Campaign and Administration on their behalf, joining a growing list of Trump friends, officials and associates found to have unlawfully lobbied the so-called "America First" Administration on behalf of foreign nations like Turkey, Ukraine and the UAE, before lying about it to the FBI.

In other news out of Joe Biden's Dept. of Justice, Attorney General Merrick Garland, on Monday, issued a new policy prohibiting federal prosecutors from seizing phone, text and email records from journalists, with a few reasonable exceptions. While the Obama Administration did some of that, the Trump Administration took it to new heights, secretly spying on reporters at Washington Post, New York Times and CNN --- as well as Democratic members of Congress, their aides and even their family members --- all considered (by Trump) to be his political enemies. Freedom of Press advocates applauded Garland's "historic" Monday memo [PDF], as the A.G. also called for federal legislation to buttress the new DoJ policy.

That rather important story was somewhat overshadowed on Monday, however, by outrage from the progressive Left over a misreported story about the DoJ's failure to file charges against Trump's Commerce Secretary Wilbur Ross who, the agency's Inspector General found, lied twice to Congress about his roll in unsuccessfully attempting to add a question on immigration status to the 2020 U.S. Census. After the IG's investigation, which began in 2019, the office referred the matter to the DoJ for criminal prosecution.

Progressives were up in arms yesterday after it was inaccurately reported by several legit outlets, including Government Executive and AP, that Biden's DoJ, under the direction of A.G. Garland, had declined to prosecute Ross. However, as both outlets later acknowledged with corrections to their stories, it was actually the Trump DoJ which refused to prosecute Ross. He was at least the fifth Trump Cabinet member to have been referred for criminal prosecution to Trump's corrupt DoJ. (The others include his Interior Dept. chief Ryan Zinke, his HHS Secretary Alex Azar, Trump's second Secretary of Veteran's Affairs Robert Wilkie and his Transportation Secretary Elaine Chao, who happens to be Mitch McConnell's wife. They all skated.) Whether Biden's A.G. can or will revive those recommendations to bring charges is a separate matter --- and there is plenty of other stuff to be disappointed and/or outraged about regarding some of Garland's seemingly inscrutable decisions since taking the helm at the Department --- but the outrage on Monday from progressives over the declination to charge Ross appears to have been both premature and misdirected.

Next, speaking of fact-checking and going off half-cocked (or, in Trump's case, fully-cocked), late last week, Doug Logan, CEO of Cyber Ninjas, the rightwing, conspiracy-promoting company contracted by the Arizona state Republican Senate to carry out a post-election "forensic audit" of Maricopa County (Phoenix)'s 2.1 million ballots cast last year, offered public testimony on the progress of his three-month (and continuing) efforts to date.

Logan's remarks vividly demonstrated the dangers of hiring someone who knows absolutely nothing about elections or voting systems (or audits, for that matter) to carry out, in secret, what should have been a fully public exercise. It has been referred to as a "fraudit" and clown show by critics, including both Republican and Democratic state and county officials.

The former President offered three statements on Logan's remarks over the ensuing two days, the most detailed of which charged, falsely, that Logan's testimony "showed 168,000 fraudulent ballots printed on illegal paper (unofficial ballots), 74,000 mail in ballots received that were never mailed (magically appearing ballots), 11,000 voters were added to the voter rolls AFTER the election and still voted, all the access logs to the machines were wiped, and the election server was hacked during the election."

You'll be shocked to learn that absolutely NONE of Trump's claims are actually true.

Over the weekend, AP, CNN and others published lengthy fact-checks responding to the false claims by Logan and the wildly inaccurate nonsense from Trump. Today, we walk through some of false claims, detailing how both Trump and Logan got pretty much everything completely wrong, in the state where Joe Biden was certified by the Republican Governor to have defeated Trump by more than 10,400 votes last November. To date, there has been zero legitimate evidence to suggest otherwise in AZ or any of the other several states that flipped in 2020 from Republican to Democratic after four hellish years of the failed Trump Presidency.

Finally, Desi Doyen joins us for our latest Green News Report, with news on last week's catastrophic flooding in Germany and Central Europe, wildfires continuing to explode in the parched U.S. West, and disturbing news regarding both the Amazon rainforest and the near future of high-tide flooding...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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CA fires, private utility blackouts; Wilbur Ross' private email scandal; Giuliani lawyers up; 'Obamacare' prices drop; MA's shameful vaping ban...
By Brad Friedman on 10/24/2019 6:39pm PT  

With a short, semi-pause in the hot impeachment action on Capitol Hill, we take the opportunity on today's BradCast to catch up on a number of non-impeachment related stories (mostly). [Audio link to show follows below.]

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

  • With climate change induced temps soaring, humidity plummeting and hot, nearly hurricane force desert wind gusts buffeting much of the state, wildfires are again breaking out again in both Northern and Southern California, despite the state's several privately-owned for-profit utility companies preemptively shutting down power to as many as half a million customers. That, to avoid still more liability for failing to maintain and/or bury their power lines which have been found as the cause of many recent deadly fires in the global warming-parched state. Gov. Gavin Newsom had some choice words on Thursday about those utility companies, such as Pacific Gas and Electric (PG+E) and Southern California Edison, placing profits over safety for many years in what he blasted as "dog-eat-dog capitalism [and] corporate greed meeting climate change";
  • As the years-long probe by Trump's State Department into the phony "scandal" surrounding Hillary Clinton's use of a private email server as Secretary of State finally concluded very quietly last week --- having found "no persuasive evidence of systemic, deliberate mishandling of classified information” --- yet another top Trump Administration official is being investigated for his use of private email accounts to conduct official business. Commerce Secretary Wilbur Ross is at least the 9th senior Trump official who has been revealed to have done so, as he faces both a civil lawsuit over the practice, and as the National Archives and Records Administration has just opened an official probe;
  • In only somewhat impeachment-related news, Donald Trump's personal lawyer Rudy Giuliani, who refused last week to answer a Congressional subpoena from House impeachment investigators while parting ways with his personal attorney, is now said to be looking for a new criminal attorney. The former NYC Mayor is reportedly a person of interest in at least two different federal probes, both criminal and counterintelligence, being carried out by federal prosecutors in the Southern District of NY (the office Giuliani once led as U.S. Attorney);
  • In U.S. healthcare news, open enrollment on the federal Affordable Care Act healthcare.gov exchange is set to begin on November 1, with as many as 20 new insurers and an average drop in the cost of premiums of 4%. Despite years of attempts by Republicans and Donald Trump to try and undermine "Obamacare", its marketplace is apparently stabilizing even as a ruling is now pending at any time from a federal appeals court in the GOP challenge to the law seeking to strike down the entire Act as unconstitutional;
  • And, in related-ish news, a court in Massachusetts has temporarily delayed an ill-considered attempt by its Governor to institute the nation's strictest ban on vaping, in supposed response to a recent outbreak of lung injuries, a number of them deadly, due to the use of black-market THC/cannabis vaping cartridges. Gov. Charlie Baker's attempted ban, however, would prevent the sale of all nicotine vaping products, which are not tied to the recent outbreak in any way, thus endangering the lives of an untold number of smokers and former smokers who would be prevented from using life-saving nicotine vapor devices in the state. Shamefully, a number of other states are in the process of implementing similarly deadly bans, thanks in no small part to horrifically irresponsible media coverage that has equated safe nicotine vaping (and safe marijuana vaping in locations where it is both legal and regulated) with the use of contaminated black-market THC vaping devices;
  • Finally, Desi Doyen joins us for the latest Green News Report, with more on the disgraceful and dangerous California private utilities power blackouts, the deadly costs of Trump's rollbacks of clean air standards, and Congressional testimony from former Exxon scientists who detail how the oil giant spent decades and millions of dollars lying to the public about climate change...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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(And we didn't even get to half of it!); Plus: Callers ring in on the Dem Primary, L.A. County's new unverifiable touchscreen vote system, more!...
By Brad Friedman on 9/9/2019 6:08pm PT  

The weekend brought us another avalanche of news in the Trump Era. As usual, we try to catch up by focusing on the stories that actually matter. But, even at that, we couldn't get to half of what we'd planned for today BradCast. But we did have time for a bunch of great callers. [Audio link to show is posted below.]

Among the many stories we cover today that they were calling in to comment on...

  • A federal judge has restored a nationwide injunction to block the Trump Administration's likely-unlawful new policy that bars asylum to migrants who travels to the U.S. through another country before entering the U.S.;
  • Former GOP Governor and Congressman Mark Sanford of South Carolina becomes the third major Republican candidate to announce his intention of running against Donald Trump for the party's 2020 Presidential nomination, after previously describing Trumpism as "a cancerous growth" and charging the Republican Party has "lost our way". His long-shot bid, joining former MA Gov. Bill Weld and former IL Rep. Joe Walsh, will be made all the more difficult now that the Republican Party in South Carolina, along with those in Nevada, Kansas and Arizona, have cancelled the GOP caucuses and primaries in those states for 2020 at the behest of our thin-skinned, cowardly, unfit President;
  • Next door in North Carolina, it now appears to be full-speed ahead for Tuesday's two U.S. House Special Elections which were imperiled for a time by Hurricane Dorian. While the storm resulted in some cancelled Early Voting days last week, most of those hours were made up with extended hours over the weekend, leaving Democrats with a larger share of the early vote in the 9th Congressional District than they even had during early voting in last November's "Blue Wave" election. The Republican candidate reportedly "won" that race by about 900 votes in a district held by Republicans since the 1960s. But the election was never certified after revelations of a massive GOP Absentee Ballot Election Fraud scheme. Both Donald Trump and Vice President Mike Pence are in the 9th district on Monday night, with two separate rallies, for far-right GOP State Senator Dan Bishop in the do-over race against centrist Democrat Dan McCready. The contest is currently being characterized as a toss-up and is being regarded as a bellwether for the 2020 elections. The other race, in NC's 3rd Congressional District is to fill the seat of the late Republican Rep. Walter Jones in an even more "red", if Hurricane Dorian-battered, district on the state's coast;
  • And in D.C. today, Trump declared that year-long peace talks with Taliban officials and the Afghan government are now "dead". That, after Trump revealed his cancellation of a secret meeting that had been set with Taliban officials this week at Camp David --- on the week when the nation commemorates the 18th anniversary of 9/11 while the nation's longest war (in response to it) continues on with no end in sight despite campaign promises from Trump to end it;
  • We also briefly reference the plan announced today by Democrats on the U.S. House Judiciary Committee to hold a formal vote this week to officially begin their impeachment inquiry of Donald J. Trump before opening up our lines to callers on all of the above and more.

    Among the additional topics on listeners minds today: The Democratic Presidential primary and the likely-disastrous move by Los Angeles County to replace its hand-marked paper ballot voting system with an ill-considered and 100% unverifiable touchscreen voting system (pictured above) before the 2020 Presidential elections. The new system (pictured above) was developed by its brainchild, L.A. County Registrar-Recorder/County Clerk Dean Logan, who now refuses to appear on the show or answer our questions about the new, still uncertified system, as he used to. He calls it Voting Solutions for All People or VSAP. As one caller notes, the new system is shamefully being supported by the L.A. County Board of Supervisors. One of them, longtime Democratic Supervisor Janice Hahn, has been (mis)representing the new system as an "exciting" "upgrade" from the previous system, despite the fact that the computer-marked "paper ballot" summaries the new system produces can never be known to reflect any voter's intent after an election in the nation's most populous voting jurisdiction. Similarly unverifiable touchscreen systems are being implemented in Pennsylvania, Georgia, Texas and other key states before the 2020 election, despite warnings against electronic Ballot Marking Devices from world-class cybersecurity and voting systems experts...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Constitutional law expert Ian Millhiser on the GOP's ACA challenge and the passing of SCOTUS' 'last great conservative Justice'...
By Brad Friedman on 7/17/2019 6:46pm PT  

The United States, according to our guest today on The BradCast, lost "the last great conservative Justice" on the U.S. Supreme Court on Tuesday. Justice John Paul Stevens, who lead the liberal wing of SCOTUS before retiring in 2010, passed away on Tuesday at the age of 99 after serving some 35 years on the High Court. IAN MILLHISER, Constitutional law expert, longtime Editor of ThinkProgress Justice and author of the book Injustices: The Supreme Court's History of Comforting the Comfortable and Afflicting the Afflicted joins us today to discuss that loss as well as the rightwing legal challenge seeking to strike down the entirety of the Affordable Care Act. [Audio link to full show is posted below.]

We begin today with a conversation about Stevens' remarkable legacy, and how his tenure was so starkly different from the so-called "conservatives" now seated on the GOP's stolen Supreme Court. Nominated to SCOTUS by Republican President Gerald Ford (after being appointed to the federal bench by Richard Nixon), Stevens, as AP eulogizes, "stood for the freedom and dignity of individuals, be they students or immigrants or prisoners. He acted to limit the death penalty, squelch official prayer in schools, establish gay rights, promote racial equality and preserve legal abortion. He protected the rights of crime suspects and illegal immigrants facing deportation. He influenced fellow justices to give foreign terrorism suspects held for years at the Guantanamo Bay, Cuba, naval base the right to plead for their release in U.S. courts." All positions now seen as "liberal".

And yet, Stevens said during a 2007 interview that he did not think of himself as liberal, but rather as "pretty darn conservative". Millhiser explains how Stevens was able to separate the law from politics, including his own personal preferences, while remaining true to the Constitution and both the rule of law and Court precedent --- all issues which those who call themselves "conservative" today seem to have a difficult time understanding or respecting.

"When he got on the Court, he was widely viewed as a center-right judge. He personally held very, very conservative views. But what made Justice Stevens a great judge was that he knew his political views didn't matter when he was a judge. He knew that regardless of what he thought about minimum wage, or Obamacare, or whatever else, his job was to be faithful to the law and the Constitution," Millhiser tells me. "He was able to set his political views aside and let the law work. And that is all you can ask for in a judge. If we had conservatives like John Paul Stevens right now, who understand that law and politics are separate, we would be in a much better place as a country."

Moreover, as I note at the top of the show, based on my own reporting from 2013, Stevens was willing to admit when he got cases wrong. That year he conceded that his 2008's controlling opinion in Crawford v. Marion County Board of Elections --- the case which approved Indiana's Republican law requiring voters to present Photo ID at the polling place before being allowed to vote --- was ultimately the wrong decision. That SCOTUS opinion has been falsely cited by GOPers across the country as confirmation that Photo ID restriction laws do not suppress legal votes, but help prevent illegal ones. That is both inaccurate and decidedly not what the Court found that case. In 2013, Stevens conceded, "as a matter of actual history," dissenting Justice David Souter was "dead right" in his opposition and warnings about how the precedent would be abused to suppress the vote.

As to the Affordable Care Act (Obamacare) challenge we had originally booked Millhiser to discuss before news of Stevens' passing, oral arguments in Texas v. United States were heard in New Orleans last week before a three-judge panel of the 5th Circuit Court of Appeals. In his coverage for ThinkProgress, Millhiser, who was in the courtroom, describes the hearing before two Republican-appointed judges (one by George W. Bush, the other by Donald Trump) and one Democratic-appointee as a "disaster for Obamacare".

On today's show, he explains the "dumb" and "ridiculous" basis for the case brought by some 20 Republican state Attorneys General --- and now joined by Trump's Dept. of Justice --- and how the challengers specifically filed it in a Texas jurisdiction, a "a kangaroo court", where they knew they could get a favorable ruling from the lower court judge and were likely to get a similar ruling from the rightwing 5th Circuit Court of Appeals. He describes the suit as "the stupidest case I have ever seen", but notes that the appellate court's three-judge panel --- "the two Republicans on this panel were really wacky and behaved in a really partisan way in the oral arguments" --- may ultimately uphold the lower court ruling, at least in part.

Nonetheless he believes the case cannot possibly pass muster at the U.S. Supreme Court given previous rulings on ObamaCare by Chief Justice John Roberts. However, he has a caveat: that prediction only holds if the makeup of the High Court when the case ultimately reaches SCOTUS remains the same as it is today. That, as Millhiser cautions, is not a guarantee. "If Trump gets another vote, all bets are off." And there are ways that both the 5th Circuit and the Republicans challenging the landmark healthcare law could hedge that timing, depending on how quickly they act and how long they delay both the court's decision and any subsequent appeal.

While the basis for this case, he details, is so absurdly thin, that may not mean it will fail, even if, as Millhiser observes, an estimated 24,000 Americans will die each year if the ACA is entirely struck down as plaintiffs seek --- and as the lower court judge already ruled should happen.

Finally, there was a flurry of breaking news coming over the wires as we spoke with Millhiser today, including Democrats in the House scuttling a vote on Articles of Impeachment against Trump; the House voting to hold AG William Barr and Commerce Sec. Wilbur Ross in criminal contempt and MA prosecutors dismissing sex assault charges against actor Kevin Spacey. And then we close today with a few thoughts on the House Dems successful vote on Tuesday for a resolution finding Donald Trump's (legally) racist tweets attacking four freshmen Congresswomen of color were, in fact, racist, and on the 4 Republicans in the 197-seat GOP House caucus willing to vote in favor of that resolution...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Bizarre day in the Conway household; Remarkable GOP excuses for ignoring Mueller; MI drops Flint water crisis indictments; Plus: A long-overdue musical tribute to the Stanley Cup Champion St. Louis Blues!...
By Brad Friedman on 6/13/2019 6:40pm PT  

On today's BradCast, we've got quite a bit of hard news, though we have to start off with a brief personal note. [Audio link to today's show follows below.]

Among the stories covered today...

  • My much-beloved hometown hockey team, the St. Louis Blues, are now Stanley Cup Champions for the first time in the franchise's storied if oft-frustrating 52-year history! After going from last place in the NHL in January to win the Cup in Game 7 in Boston, it seems only fair I'm allowed a short, if long-overdue, victory lap on today's program --- along with a bumper music tribute to the team I grew up with throughout today's show. (And no, Blues fans, it's probably not the music you expect!);
  • In somewhat more substantive, if less pleasant, matters (kicked off by a Daily Kos BradCast commenter who deserves credit for an appropriate invocation of the word "paracosm" today), life in the Conway household must be getting more bizarre by the day. On Thursday, the Trump-appointed head of the federal government watchdog Office of Special Counsel (not to be confused with Robert Mueller's Special Counsel's Office) recommended that Kellyanne Conway, one of Donald Trump's top advisers and apologists, be fired for "repeated violations" of the Hatch Act. The federal law bars federal officials from using their official offices for political purposes, yet Kellyanne repeatedly used hers to bash Democrats running for office while promoting Donald Trump and other Republicans. Scoffing at the watchdog's recommendation, of course, the corrupt White House is all but certain to ignore the multiple violations of federal law by one of its top officials;
  • Meanwhile, at the other end of Chez Conway, Kellyanne's husband, longtime Republican attorney and activist George took to the pages of Washington Post to file a scorching op-ed with Barack Obama's former Acting Solicitor General Neal Katyal, slamming Trump's latest legal appeal in the President's attempt to block Congressional subpoenas for financial documents from his accounting firm Mazars. Conway and Katyal deride the President's claims that Congress is Constitutionally barred from investigating criminal matters, and that only the Executive Branch may do so. "The idea that only the president can investigate the president is an argument for autocrats, not Americans," the pair write, arguing that Trump's legal argument seems to invite an official impeachment proceeding by Congress. "Every principle behind the rule of law requires the commencement of a process now to make this president a former one," they conclude, in what must make for some very chilly dinner conversation at the Conway household;
  • In not-at-all unrelated news, Michigan Rep. Justin Amash, the only sitting Republican member of Congress to call for impeachment proceedings against Trump, continues to maintain is not planning a run for President on the Libertarian ticket, though he said he has not "ruled anything out". He also lobbed back a pretty impressive response to an attempted Twitter shot by Donald Trump, Jr. (Of course, given the information-starved Trump supporters, it may be one they don't even understand.) Earlier this week, Amash officially resigned from the hard-right "House Freedom Caucus" (formerly known as the "Tea Party Caucus") which he had co-founded, having split with the group whose members have now become amongst the most virulent defenders and apologists for Trump in Congress. He also voted yesterday with Democrats in the House Oversight Committee to hold Attorney General Bill Barr and Commerce Sec. Wilbur Ross in contempt for defying a subpoena to turn over documents related to false Administration claims regarding the addition of a question about citizenship on the 2020 Census;
  • Of course, the reason Amash is currently the only sitting GOPer to call for Trump's impeachment is because he may be the only Republican in the House who actually bothered to read the Mueller Report, which details multiple instances of criminal obstruction by the President for Congress to consider for impeachment proceedings. This past week has brought some remarkably original excuses from GOP House members as to why they are willing to overlook and excuse multiple, well-documented federal crimes by the President, who Mueller found to have committed some of the very same unlawful actions for which articles of impeachment were brought against both Presidents Richard Nixon and Bill Clinton. For example, Ohio Rep. Steve Chabot, who as a member of the Judiciary Committee in 1998 voted for impeachment against Clinton, now says Donald Trump never swore on a bible, so there's nothing to impeach him for. Georgia Rep. Rob Woodall fell all over himself with some remarkable, false and contradictory statements while trying to explain why he proudly refuses to even read Mueller's report at all! But while Republican members of Congress might be excused --- under the world's most generous interpretation possible --- for being clueless when it comes to the Rule of Law, no such generosity can possibly excuse the jaw-dropping response to the Mueller Report's findings from the state of Louisiana's chief law enforcement officer, Republican Attorney General Jeff Landry;
  • Finally today, stunning news out of Michigan, where the state's recently appointed Solicitor General, tapped earlier this year by newly-elected Democratic Attorney General Dana Nessel, announced that state prosecutors were dropping all criminal charges against eight people indicted in the Flint lead poisoning water crisis and starting the probe over from scratch after an expansive new body of evidence was reviewed. Prosecutors say they may recharge some of the previously indicted individuals, but that new evidence reveals former Republican Attorney General Bill Schuette's three-year investigation failed to properly examine large swaths of material evidence, some of which is said to be tied to former Republican Gov. Rick Snyder. We try to make some sense of that news as we close out today's show...and musical tribute to my favorite underdog hometown team...

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Guest: NC elections expert Dr. William Busa ('DocDawg' of Daily Kos!); Also: Barr, Ross found in contempt by House Oversight; Big progressive wins in VA; New NATIONAL polls show Trump in trouble, Warren surging...
By Brad Friedman on 6/12/2019 5:10pm PT  

We've got some interesting follow-up on today's BradCast, following the disturbing story we broke on air earlier this week regarding the "master passwords" for North Carolina electronic voting systems --- and more --- found online, unprotected, and downloadable by anybody since at least early 2016, at the NC Board of Elections website. [Audio link to show is posted below.]

But first up, some quick news updates: A second U.S. House committee has now voted to hold Donald Trump's new Attorney General and fixer William Barr in contempt. The House Oversight Committee on Tuesday voted to recommend holding both Barr and Commerce Secretary Wilbur Ross in contempt for refusing to turn over subpoenaed documents regarding the lies told by both Commerce and DoJ about adding a question on citizenship to the 2020 U.S. Census. Ross previously claimed he was asked by DoJ to add the question to help better enforce the Voting Rights Act, but new documents from the hard drive of a recently deceased GOP gerrymandering operative reveal the real intent was to shift resources and Congressional districts to white Republican jurisdictions.

In other Constitutional Crisis news, Hope Hicks, Trump's former Communications Director and longtime aide --- before his run for office, during the campaign and transition, and while in the White House --- has reportedly agreed to testify before the House Judiciary Committee next week about her cooperation with Special Counsel Robert Mueller's two-year probe. Hicks was a key witness on a number of the criminal obstruction charges detailed in Mueller's report. She has agreed, however, to testify to Judiciary only behind closed doors next week, presuming the White House doesn't move to block her in some way.

In elections news, new Quinnipiac polling shows six of the current top contenders for the 2020 Democratic Presidential nomination --- Biden, Sanders, Harris, Warren, Buttigieg and Booker --- all handily defeating Donald Trump in a head-to-head match-up in NATIONAL polling, if the election were held today. That new poll and others out today still show Biden atop the pack in the primary contest, though slipping since he entered the race last month. Two new polls show Warren leaping into second place above Sanders since last week. We offer some thoughts and WARNINGS about all such polls today.

And then, some surprisingly good news for progressives in Virginia, where two criminal justice reformers ousted long time state prosecutors in elections on Tuesday.

Next, we're joined by Dr. WILLIAM BUSA of EQV Analytics, a Democratic campaign consulting and technology firm in North Carolina, though Busa is likely better known to many on the Internets as "DocDawg" from Daily Kos. Busa has been doing some excellent follow-up work on the startling recent disclosures by cyber risk researcher Chris Vickery, who explained on Monday's BradCast how he discovered "master passwords" for some of NC's electronic voting systems, and much more, on the state Board of Elections website last year. Hundreds of files and screenshots, he said, were all left vulnerable on the Internet, in a directory set as public, to anyone who felt like downloading them, at least since early 2016 in advance of that year's Presidential election and its stunning, razor-thin conclusion.

Busa, as a well known elections maven in NC, tells me he was contacted following Vickery's revelations this week by the SBOE's spokesperson with a vague explanation for the exposed files --- which were subsequently set to private after Vickery notified the Board about the vulnerability last year in advance of the 2018 mid-terms. But, as he documented at Daily Kos on Tuesday, the explanation by the Board's Public Information officer Pat Gannon only made the case "murkier". Gannon, according to an email he sent to Busa, claimed the files were old passwords that were no longer in use and that, in any event, they were encrypted when posted online. Busa studied the claims regarding encryption and finds them to be untrue based on evidence revealed by the unencrypted screenshot of the passwords posted by Vickery.

For his part, Vickery --- who previously told me he found evidence the passwords had been in other jurisdictions as well as the one county the state claims --- politely suggested that Gannon appears to be uninformed about the details of what was left online. "Both of these issues," Busa observes, "being told that they were encrypted when clearly they're not encrypted, being told they were posted in 2012 when pretty clearly they were posted in 2016 --- goes to the question of 'Are we being told what's going on?'"

Moreover, Busa hits on what he describes as "the most troubling part of this.". The larger question --- one that we've been trying to make clear since the night that Trump was supposedly elected: Nobody --- not the states, not Mueller, not the FBI, not the DHS --- nobody has done a forensic analysis of the computer voting and registration systems and tabulators used in 2016 to assure they were not manipulated in some way, despite the many claims made by the U.S. Intelligence Community and the Special Counsel's office that Russia attempted to interference with elections systems in as many as 21 states before the 2016 Presidential contest.

If "white-hat good guys like Vickery" were able to find these vulnerable files, surely black-hate bad guys could easily have done so as well. "If DHS didn't find those things, then DHS is not as good as Chris Vickery. And if it's not as good as Chris Vickery at finding the chinks in our armor, then it's certainly not as good as Russia's GRU is," notes Busa. So, why didn't the DHS --- which, the U.S. Government has claimed has taken unprecedented steps to work with states to help them protect our elections from vulnerabilities --- already find these files and notify the state about the serious breech long before Vickery did? Both Busa and I are still asking.

"With McConnell blocking any meaningful election cybersecurity legislation in the Senate, DHS's 'band-aid' approach to 'Well, we're going to consult with the boards of elections in the fifty states and give them some assistance, it really is just that --- a band-aid. It doesn't give me any confidence whatsoever, especially now with what we've seen from the Vickery information."

Also today, since we've been covering so much GOP corruption in NC of late, (Busa quips: "North Carolina has become such an embarrassment that South Carolina is considering changing its name to 'North Georgia'), the NC elections expert and campaign consult rings in with helpful insight on the crucial, upcoming, SCOTUS opinion expected anytime now regarding unlawful GOP partisan gerrymandering of the state's U.S. House districts ("we have very little voice in North Carolina today because of those gerrymanders"); two upcoming U.S. House Special Elections in the state (one in NC-03 to replace the late GOP Rep. Walter Jones and the other to fill the NC-09 seat, which is still vacant following last year's GOP Absentee Ballot Fraud scandal that left the state BOE unwilling to certify results last November); and an important project Busa developed last year at NCGoVote.org called "Reg Watch", to automatically notify voters if their registrations have been changed or deleted for some reason. It would be very nice to see that project scaled up to all 50 states if possible! We discuss...

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Good-ish news from NH and Israel; Trump unhinged after Mueller statement; Bombshell docs unearthed regarding Census citizenship question scam; And many more reasons to impeach this President...
By Brad Friedman on 5/30/2019 6:40pm PT  

We begin, at least, on today's BradCast, with a bit of what we'll call good-ish news, as things get necessarily darker from there. [Audio link to full show is posted below.]

Among today's stories...

  • New Hampshire's legislature overrides a veto by Republican Gov. Chris Sununu to finally abolish capital punishment. The Granite State becomes the 21st in the union to ban the death penalty which is, as one state Senator accurately describes it, "archaic, costly, discriminatory and violent";
  • More good-ish news from Israel, where a historic second election has now been called after rightwing Prime Minister Benjamin Netanyahu was unable to form a governing coalition after what appeared a Likud party victory in April, when both they and the centrist Blue and White party both won 35 seats in the Knesset. With a new election now set for September, it may be even more difficult for the hard-line Netanyahu, already facing felony indictments, to win what he thought would be an historic 5th term as Prime Minister;
  • Meanwhile, back here at home, the dispute over our own elections, two and a half years ago in 2016, continue, with our President seemingly growing more unhinged now by the day and the need --- and calls from Democrats --- to begin an official impeachment inquiry in the House, becoming louder by the hour following Special Counsel Robert Mueller's remarkable statement at the Dept. of Justice on Wednesday. As discussed in detail on yesterday's program, in his brief remarks, Mueller appeared to completely contradict earlier claims by Donald Trump's Attorney General William Barr that the DoJ's (absurd) guidelines barring criminal prosecution of a sitting President had nothing to do with Mueller's failure to file charges against Trump. In fact, as Mueller made clear (as he also did in his 448-page report [PDF], for those who bothered to actually read it), the Special Counsel's team of prosecutors never even considered criminal charges against the President, due to that dubious Departmental policy. Instead, they gathered evidence of criminal wrongdoing to be considered by Congress for purposes of potential impeachment. However, as Mueller said on Wednesday: "If we had confidence that the President clearly did not commit a crime, we would have said so";
  • Among the most persuasive and clarion voices to lay out the case in favor of impeachment in the U.S. House, ironically enough, is the only Republican who has come out in favor of such proceedings. Conservative Michigan Republican Rep. Justin Amash has been making the case for impeachment in a number of Twitter threads over the last week or so. We review another recent such thread today, in which Amash calls out Barr for having "deliberately misrepresented key aspects of Mueller's report" to Congress and the American people. That recent instructive commentary from Amash concludes by charging that "Barr has so far successfully used his position to sell the president’s false narrative to the American people," and warns: "This will continue if those who have read the report do not start pushing back on his misrepresentations and share the truth." While it's unclear if he's speaking to either his Democratic or Republican colleagues (or both) with that statement, it's also good advice for all Americans. We try do just that today (and every day, for that matter);
  • To that end, we both respond to BRAD BLOG commenter "DonL", who seeks some clarity on the impeachable actions by this President, as well as rebut Trump's unhinged press avail on the White House lawn today where he manically contradicted one of his own tweets from earlier in the day when he claimed that he "had nothing to do with Russia helping me to get elected." While the tweet was the first known instance of Trump conceding, as the Special Counsel detailed, Russia's efforts to support Trump's 2016 election, he quickly reversed his position when asked about it by media this morning, shouting "No, Russia did not help me get elected! You know who got me elected? I got me elected!" He then went on to respond to a question about whether he thought he would be impeached by claiming he couldn't "imagine the courts allowing it." ("The courts" play no part in impeachment proceedings beyond the Chief Justice of the Supreme Court presiding in the U.S. Senate over a trial for removal from office, should it come to that.) Trump also described "the word impeach" as "a dirty, disgusting, filthy word" as he stalked back and forth while parrying reporter's queries;
  • All of which seems to underscore the need to impeach the criminal and unfit President, despite House Speaker Nancy Pelosi's increasingly unsupportable arguments against it. Following Mueller's statement on Wednesday and Trump's variously unhinged statements and lies in response to it, there are now about half a dozen 2020 Democratic contenders (many of them Senators) calling for impeachment proceedings, along with at least 50 Democratic members of the House (including 11 members of the House Judiciary Committee and a number of Committee chairs), along with Amash, the lone House Republican to favor impeachment;
  • And, as if still more reasons are needed to bring impeachment proceedings against not only Trump, but other administration officials as well, new "bombshell" documents came to light on Thursday from the hard drive of a now-deceased, longtime Republican operative revealing that the Trump Administration's case for adding a citizenship question to the 2020 Census was built on lies from the jump. Experts say the addition of such a question would serve to disenfranchise urban and immigrant communities in favor of white Republican communities over the next decade, and the newly unearthed documents from the GOP operative say the same thing. The documents, found on the hard drive of the late GOP gerrymandering operative detail how such a question was needed by Republicans because it "would clearly be a disadvantage to the Democrats" and "advantageous to Republicans and Non-Hispanic Whites." The newly explosive evidence also reveals that Trump officials at the DoJ and Commerce Department (which oversees the Census Bureau), including Commerce Secretary Wilbur Ross, lied to both Congress and prosecutors about their reasons for wanting to add the question. (They absurdly claim it is meant to help the DoJ better enforce the Voting Rights Act.) But with the Republican majority on the stolen U.S. Supreme Court already appearing to favor the addition of the question following recent oral argument, and their decision on the matter due next month, its unclear how the new evidence will be presented to or considered by SCOTUS;
  • Finally, to finish where we started --- with a little bit more good-ish news (very little) --- we're joined by Desi Doyen with our latest Green News Report as the relentless extreme weather begins to ease in the central U.S. and as climate protesters in Europe helped to see big gains for Greens in last weekend's elections for the EU Parliament...

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Guest: Slate's Mark Joseph Stern; Also: Trump panics over impeachment, sets course for Constitutional crisis by blocking lawful subpoenas...
By Brad Friedman on 4/24/2019 6:39pm PT  

On today's BradCast, Donald Trump's Administration is now barreling the nation towards one or more unprecedented Constitutional crises as he panics about the possibility of impeachment. But the fruits of the GOP's labor in violating Constitutional norms to steal a majority on the U.S. Supreme Court may now finally be set to pay off for them for at least the next decade. [Audio link to show is posted at end of article.]

First up today, however, some quick election results following a few contests around the country on Tuesday. In a Special Election for a vacated state Senate seat in Tennessee, Republican Bill Powers reportedly defeated Democrat Juanita Charles. The result wasn't a surprise in a state where the GOP now enjoys a supermajority in both chambers of the General Assembly. But Powers is said to have won by just under 10 points. That's a 13-point swing towards the Democrats in a very Republican district from what would normally be expected.

In Tampa, Florida former police Chief Jane Castor was elected by a 73% landslide to become the city's first openly gay Mayor, the first to lead a major city in the U.S. Southeast. The victory comes less than one month after the openly gay Lori Lightfoot was elected Mayor in Chicago. Castor was outspent 2 to 1 by her opponent, David Straz, a 76-year old banker who wasted $5 million of his own money on the race and also outspent the other seven candidates combined in last month's primary.

Back in D.C., the U.S. House General Counsel filed a motion in federal court seeking to block Trump's re-appropriation of some $6 billion from the Defense Department to build his wall on the Southern border. The House --- which voted, along with the Senate, to block Trump's "national emergency" declaration and his re-allocated spending, only to be vetoed by the President --- argues that Trump's actions are unconstitutional as contracts are being awarded and money spent to build and repair border barriers with funding that "Congress did not appropriate for that purpose."

But federal judges who actually believe in following the Constitution may be in shorter supply these days, as Trump and the GOP have packed the courts with "conservatives" of convenience --- jurists who claim to believe in one set of principles but follow a radically different path when it suits their political whims. Trump is counting on such activist judges as he announces his Administration is now blocking all White House and other executive agency officials from responding to lawful document demands and subpoenas issued by Congress. In just the past 24 hours, the Administration has directed several current and former officials to not respond to lawful Congressional subpoenas for testimony and has denied statutory requests for financial documents of Trump and a number of his companies. Trump also, on another Twitter tear today, vowed to seek help from his stolen SCOTUS in the event that he is impeached.

Our guest today, MARK JOSEPH STERN, legal reporter for Slate, offers insight on all of the above, before we focus on the even more disturbing news regarding Tuesday's oral arguments at the Supreme Court regarding the Commerce Department's attempt to add a question on citizenship to the 2020 Census.

Stern, who was present at the Court for argument on Tuesday, suggests the outlook is not encouraging. He tells me he counted five rightwing Justices who appear eager to overturn three lower court rulings which found Commerce Secretary Wilbur Ross lied about his reasons for unlawfully directing the Census Bureau to add the question despite objections from career Census professionals who advise that the question would result in a massive under-count of Hispanic and immigrant populations.

The decennial count of all "persons" in the U.S., (as the Constitution requires), may be off by as many 6.5 million people if the question is added, largely in areas that tend to vote Democratic, according to the experts. The result would be felt for the next decade --- particularly in Democratic-leaning cities and states --- as the Census is used to allocate hundreds of billions of dollars in federal spending, as well as how Congressional and state legislative districts are mapped and residents represented, and even how electoral votes are to be allocated.

"This was just a real bloodbath for the plaintiffs here," Stern tells me about Tuesday's oral argument. "This case should have been so simple. Wilbur Ross, the Secretary of Commerce lied about his reason for including a citizenship question on the Census. He lied, and he got found out. He is the one who asked the Justice Department to create some pretext for the citizenship question. And beyond that, Ross busted through a bunch of statutory roadblocks that are supposed to prevent the inclusion of gratuitous questions on the Census."

"The lower court in this case said, 'I count Wilbur Ross violating the law in at least six separate ways.' The Supreme Court only has to find one of those ways to be compelling to stop the citizenship question and say no," Stern laments. "But I don't think a majority of the court is willing to step in and stand up for the law. And I fear the reason is because they know exactly why the Trump Administration wants the citizenship question on the Census."

Stern details what he describes as hypocrisy displayed by the Court's five Republican Justices during argument, as they cited everything from the Voting Rights Act (which they voted to gut) to international law (which they have dismissed as having no basis in U.S. law) to deference to federal agencies (which they have famously undermined in recent years when it comes to environmental regulations and other disputes where courts had traditionally deferred to executive agency expertise) in posing questions that indicate they plan to approve the new question meant to rig the Census. "It was a very bad day for truth at the Supreme Court," Stern reports.

"Hypocrisy doesn't even begin to capture what this is," he argues. "I can only hope that Kavanaugh and Gorsuch begin to apply international law in death penalty cases, as well. But something tells me this is a ticket good for one ride only."

Finally, Desi Doyen joins us for the latest Green News Report (after we ran out of time for it yesterday) with another troubling mix of both good news and bad for the nation and the planet...

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Guests: BRAD BLOG's Ernest A. Canning and Desi Doyen, with a look back, a look forward, some thanks, and, yes, the news of the day...
By Brad Friedman on 1/24/2019 6:25pm PT  

On today's BradCast, it's the 15th Anniversary of The BRAD BLOG! So --- in addition to the news of the day --- we take a precious few minutes on today's program to reminisce a bit with longtime BradBlog.com legal contributor ERNEST A. CANNING and Green News Report co-host and BradCast producer DESI DOYEN! [Audio link to full show is posted below.]

After a few words on Canning's latest article at the blog on the "Political Revolution" embodied by the new freshman class of progressive U.S. House members and the many challenges they are now facing down in D.C., we discuss some of the lessons learned and important stories covered at our little, independent, reader- and listener-supported website over the past decade and a half.

Many of the stories we broke years ago --- too numerous to link here, on everything from electronic voting concerns and voting rights to climate change and much more --- have since become part of the national consensus as well as many popular calls for reform. That, even as much (but not all) of our independently verifiable, evidence-based news coverage was marginalized or dismissed by many in the corporate media years earlier. We discuss just a few of those stories today --- too numerous to detail here --- as we look both back and forward on this latest milestone. We also offer thanks to the many who have made all of it possible over the years, from our blogging contributors, to radio affiliate partners, to various whistleblowers (publicly known and unknown) over the years.

Of course, none of it could be done without those of you support our work via BradBlog.com/Donate. So, if you haven't hit that page in a while, please consider doing so, as we operate solely on the support of folks like you. Seriously. Please consider a one-time donation or, even better, an automated monthly donation of any amount you can afford. I hate haranguing folks for this, but it really is necessary in order for us to continue our work, which we now share on a daily basis with dozens of radio affiliates around the country and world for free! Your support alone allows that and so much more that we do at The BRAD BLOG, The BradCast and the Green News Report to continue. And if I can't ask on our 15th birthday, when can I? So click here please! And thank you!

And, yes, there was also a bit of news today for a change in Washington D.C., so we also cover that on today's program. Among those stories...

  • Donald Trump's federal government shutdown nears the end of it's fifth record week, as he folded like one of his own cheap and poorly tailored suits on Wednesday night in his standoff with U.S. House Speaker Nancy Pelosi on delivering his State of the Union next week.
  • At the same time, federal aviation unions issued a dire warning about the ongoing effects and potential critical dangers of the shutdown.
  • We share a heartbreaking story about a 10-year old girl who suffered a broken wrist in stoic silence for a week, because she was frightened to tell her father, a Dept. of Homeland Security employee forced to work without pay.
  • Billionaire crypt-keeper and Commerce Dept. Secretary Wilbur Ross took to the airwaves to, essentially, call 800,000 federal workers whiners for needing to use food banks to feed their families, when they could just go out and get a bank loan instead to cover costs until the federal government reopens.
  • In the U.S. Senate, Mitch McConnell finally allowed votes on measures to reopen the government, one from Rs and one from Ds. Both failed to get the 60 votes needed to overcome filibuster, though the D version --- which did not include funding for Trump's border wall --- received more votes than the R version in the GOP-majority Senate.
  • And Trump's former attorney Michael Cohen learned that he may have to appear before both House and Senate Committees next month, despite threats to his family by the President of the United States.
  • Finally. Desi brings us the latest Green News Report, with more bad news about the shutdown and Greenland's melting ice shelf, but some encouraging news on a huge majority of Americans who now appreciate the threat of climate change and on the amazing teen climate activist taking on the corporate powers and millionaire/billionaires at Davos this week...

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Guest: Slate's Mark Joseph Stern; Also: Surprisingly good news from the courts; SOTU cancelled?; ISIS not defeated...
By Brad Friedman on 1/16/2019 6:42pm PT  

We start off today's BradCast with two encouraging legal rulings from the courts with our guest today, Slate legal reporter MARK JOSEPH STERN. [Audio link to complete show follows below.]

First up, the damning opinion issued on Tuesday by a U.S. District Court judge in Manhattan finding Treasury Secretary Wilbur Ross repeatedly violated the law --- and lied about his reasons for doing so --- in adding a controversial question on citizenship to the 2020 U.S. Census. Stern joins the federal judge in calling out Ross' lies about adding the question supposedly at the request of the the Dept. of Justice to help enforce the Voting Rights Act (rather than as a blatant attempt to rig the Census in hopes of boosting GOP political power during the next round of redistricting).

"By my count, Judge Furman held that Commerce Secretary Wilbur Ross violated the law by adding the citizenship question in at least six different ways," Stern observes. "When you add them all together, it is a sort of symphony of lawlessness that cannot be ignored by the courts."

"Ross just lied. He lied to Congress. He lied in court filings about why he added this citizenship question. It is very clear, black letter law, that when a federal agency like the Commerce Department wants to take some kind of formal action, it has to give the real and truthful grounds for its decision, it has to justify it truthfully. Ross just didn't do that here." He goes on to explain, however, that, despite the encouraging ruling yesterday, the Republicans' stolen Supreme Court will ultimately enjoy the final say on the matter. He also shares his thoughts on whether Ross should be and/or will be criminally prosecuted for lying to Congress and the courts about the issue, as made clear by the federal court ruling.

Then, Stern offers some surprisingly good news from SCOTUS today regarding a unanimous(!) opinion from the Court supporting the right of some workers to bypass costly arbitration clauses and file class action lawsuits against employers when they are ripped off by them --- though only in certain circumstances. Still, given the unanimous opinion in this case, authored by Neil Gorsuch of all Justices, we'll take it!

Next, we review Tuesday's confirmation hearing in the U.S. Senate Judiciary Committee for Donald Trump's Attorney General nominee William Barr. Stern warns that his troubling record alone --- "Barr takes a wildly expansive view of executive power and authority" --- might have been enough to derail his nomination in any other time, but for the fact that so many Democrats and Republicans alike are now desperate to replace Trump's wildly unqualified (and, arguably, unlawfully appointed) Acting AG Matthew Whitaker.

Barr, who served briefly as AG in 1991 during the George H.W. Bush Administration (where he successfully pushed for Presidential pardons for a number of top officials involved in the Iran-Contra scandal), promised independence from the White House and that he would allow Special Counsel Robert Mueller to complete his probe into Team Trump's alleged involvement with Russia and obstruction meant to cover it up. However, Barr equivocated on a number of points related to the probe, such as whether he'd recuse himself from overseeing it if DoJ ethics officials advised him to do so, and whether he would release Mueller's report at all to the public.

Stern shares insight and response to a number of other troubling moments from Tuesday's hearings, such as when Barr responded to a question from Sen. Richard Blumenthal (D-CT) about whether a sitting President could be indicted and when he was asked directly by Sen. Amy Klobuchar (D-MN) about whether the Justice Department, under his command, would "jail reporters for doing their jobs". Barr's response on the former was questionable, at best, and downright chilling on the latter, from the man tapped to be the nation's top law enforcement official. "There's just a right and wrong answer here," Stern quips, "and he gave the wrong one."

Finally today, the State of the Union Address to a joint session of Congress previously scheduled for later this month may now be cancelled amid the ongoing historic federal government shutdown, as House Speaker Nancy Pelosi rescinded her invitation to Trump today. And, in Syria today, four Americans --- two U.S. troops and two civilians --- were killed and three others wounded after a bombing claimed by ISIS in a crowded area. The attack in the northern city of Manbij comes on the heels of Trump's claim to have ordered the withdraw of all U.S. troops in country, based on his assertion that "we have defeated ISIS in Syria." The President's claim --- which helped lead to the resignation of Defense Secretary James Mattis before Christmas --- was, remarkably, repeated by Vice President Mike Pence today during an address at the State Department several hours after the news of the deadly attack on Americans and others in the war torn nation had become public...

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Guest: LA Times' Michael Hiltzik on PG&E's bankruptcy; Also: Federal court blocks Admin citizenship question on Census; AG-nom Bill Barr testifies; Trump's record shutdown grinds on...
By Brad Friedman on 1/15/2019 6:26pm PT  

Good news and not-terrible news on today's BradCast, along with an interesting proposition for the state of California in a climate changed world. [Audio link to show follows below.]

We start off with the good news today, courtesy of a federal court in Manhattan, where a U.S. District Court Judge blocked the Trump Administration's attempt to add a question on citizenship to the 2020 Census. Judge Jesse Furman's 277-page ruling [PDF] slammed Commerce Secretary Wilbur Ross for violating the federal Administrative Procedures Act (APA) and for offering "pretextual" reasons for adding the question against the wishes of career Census Bureau administrators. Ross had falsely claimed the question was "well tested" and needed by the Dept. of Justice to better enforce the federal Voting Rights Act.

In fact, Republicans have long sought to add the rig the census by adding the question in hopes that it would decrease responses from immigrant communities to help shift the balance of power during decennial redistricting from Democratic-leaning urban areas to more Republican-leaning rural areas. Furman's ruling called out Ross for lying and even responded to an earlier statement on the case from Supreme Court Justice Neal Gorsuch. Several other legal challenges await, however, including a separate case on the same matter that will be heard by the Supreme Court in February.

Meanwhile, William Barr, Trump's nominee for Attorney General, testified at his confirmation hearing before the U.S. Senate Judiciary Committee on Tuesday. He claimed he wanted to allow Special Counsel Robert Mueller, who he cited as a friend, to complete his investigation into Trump/Russia, though would not fully commit either to publicly releasing Mueller's full report, nor to recusing himself from oversight of the probe, even if DoJ ethics officials recommended that he should. Barr, a former AG under George H.W. Bush, wrote and helped circualate a lengthy memo [PDF] last year undercutting the validity of Mueller's investigation.

All of that, as Trump's record-length federal government shutdown continues today, with so-called moderate Democrats in Congress declining invitations to the White House in response to Trump's latest effort to drive a wedge between them and Speaker Nancy Pelosi on funding for his southern border wall. The shutdown grinds on as hundreds of thousands of federal employees are furloughed or forced to work without pay, with travelers now facing long lines at TSA checkpoints at major airports, and as some federal employees are being forced to turn to charity food banks to help feed their families.

Next, with California's largest privately run utility company, Pacific Gas and Electric (PG&E) announcing plans to seek bankruptcy protection this week, after facing some $30 billion in potential liabilities for massive, deadly wildfires across the state over the past two years, some have suggested the state should simply buy up the company, which was found to have been responsible for sparking many of the recent record fires by failing to adequately maintain its equipment and power lines.

Los Angeles Times' Pulitzer Prize winning journalist and business columnist MICHAEL HILTZIK joins me today to discuss the issue, as PG&E seeks state protection from liability in hopes of passing costs on to rate-payers. The company, which serves some 16 million customers in Northern California, was once valued at more than $30 billion, but with its stock price now gutted after the bankruptcy announcement and previous criminal convictions it is currently valued at just about $3.5 billion. California could end years of repeated company mismanagement, Hiltzik explains, by purchasing the company or its most valuable assets, at --- pardon the pun --- fire sale prices.

"I wrote a column a year ago saying, 'it's time to take the franchise away from PG&E and put it out for bid.' Let somebody else come in and show that they can operate all of these functions much better, more efficiently, cheaper, and without these constant [failures]. PG&E is like the Wells Fargo of the utility business. It can't seem to do anything right, and scandals continue to crop up," Hiltzik tells me. "My case against PG&E goes way back to the proposition they tried to sneak across through the voters many, many years ago to basically eliminate competition from public power consortiums. So PG&E has just been a bad actor. They have been absolutely atrocious operators."

Hiltzik discusses the pros and cons of what would be a radical, if potentially profitable, investment by the state of California, and how the company's failures and need for public bailout portend similar threats to other fossil fuel-reliant firms, insurance companies and states as the increasingly brutal impacts and costs of climate change undercut profitability.

"We really need to have a debate --- and a debate in the near term --- about who should own these utilities and how they should be operated," he argues. "California has probably done more than most other states in starting to come to grips with [climate change], because at least we've been developing information about what those impacts will be. But nobody has done enough planning up to this point."

Finally, Desi Doyen joins us for the latest Green News Report with, as usual, no shortage of disturbing news...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 8/14/2018 11:16am PT  


Follow @GreenNewsReport...

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IN TODAY'S RADIO REPORT: Trump Administration using California wildfires to undermine endangered species and push for more aggressive commercial logging; Amid record heat, Glacier National Park is now on fire; PLUS: Federal court orders Trump's EPA to ban a dangerous pesticide... All that and more in today's Green News Report!

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

IN 'GREEN NEWS EXTRA' (see links below): The next five years will be ‘anomalously warm,’ scientists predict; Bayer stock plunges after jury awards man $289 million in Roundup cancer trial; Germany aims to ban glyphosate for 3 years; Significant rise in mosquito 'danger days': study; Tallahassee politicians failing to protect Florida's environment; When a pipeline runs afoul of government rules, officials change the rules; Internal emails show E.P.A. staff objected to agency’s new rules on asbestos use; Coming soon: Wheeler's first big moves on science; Terrified by ‘hothouse Earth’? Don’t despair — do something; This new electric car can charge while you drive... PLUS: How the Weather Channel is documenting the damage of climate change... and much, MUCH more! ...

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




Guest: Michael Hiltzik of L.A. Times; Also: KS GOP gubernatorial primary fight worsens; Very good news for NC voters; Very bad news for Monsanto; And why Trump wants to 'Make Asbestos Great Again'...
By Brad Friedman on 8/10/2018 6:20pm PT  

It's yet another wild ride on today's BradCast! Climb aboard and buckle up! [Audio link to show is posted below.]

First up, the saga of Kansas' wildly close primary election for the GOP gubernatorial nomination between current Gov. Jeff Colyer and the oft-disgraced Sec. of State Kris Kobach grows more acrimonious by the hour. The fight over Kobach's refusal then agreement to recuse himself from the counting and canvassing process now includes Colyer charging Kobach is giving counties advice on counting provisional and mail-in ballots that is "inconsistent with Kansas law" and that Colyer's new "voter integrity" hotline has received hundreds of calls, including claims that voters were "turned away" from the polls on Tuesday and had trouble finding Colyer's name on the ballot. (The latter complaint, as I explain, could be a result of new ES&S ExpressVote touchscreen voting machines now used in several KS counties. Those machines, in crowded races, fail to show all candidates on a single screen, requiring the voter to hit a "More" button.) A recount and/or litigation between the two Republicans may lie ahead, in what couldn't be a better result for Democrats if they'd designed it themselves.

Then, a followup on the Trump EPA's recent announcement that they intend to bring asbestos back and about the Russian company which mines and sells most of the world's supply of the deadly mineral. The firm, according to their own Facebook page recently, is now actually stamping Donald Trump's face on their packaging!

Next, we're joined by the L.A. Times' Pulitzer Prize-winning journalist MICHAEL HILTZIK to discuss the real story behind Trump's recent tweets on California's ongoing record wildfires and the President's bizarre suggestion that the out-of-control blazes are due to "bad environmental laws" and mismanagement of the state's water system. He claims the firses are happening because California allows water to be "foolishly diverted into the Pacific Ocean". While none of those things are actually anywhere close to the truth or the reason for the global warming-fueled fires, Hiltzik explains how Trump's misinformed claims actually appear part of an effort by the Interior and Commerce Departments to exploit the ongoing catastrophes as a way to strip away the state's control of its own water system and, believe it or not, as a pretext for Interior Secretary Ryan Zinke's hopes of hollowing out the Endangered Species Act.

Hiltzik describes Trump as the "Drought Denier in Chief" while explaining that the state of California has said they have plenty of water to fight the fires. "The diversion of water" in the state is not to the ocean, as Trump charges, but "for growers in the Central Valley of California who live in one of the very few Republican zones in the state and are basically supported by the very few Republican office-holders we have in Congress."

"Under federal law," he explains, "water has to be kept flowing through a lot of our rivers so that fish, and fishermen, and fisheries are supported, and we don't let those species go extinct. And when I say 'going extinct', it's not only fish at risk of going extinct but, as I've reported, there are salmon fishermen on the coast whose livelihoods are at risk of going extinct because the salmon are being stressed by federal policies that don't allow enough water to flow down the rivers they use."

"So growers have been on the warpath, saying 'Oh, we're not getting water, we're drying up because of these biological opinions that say the fish need the water'. These are biological opinions that were issued in accordance with the federal Endangered Species Act. So, Trump has been out for the ESA since the get-go."

But why do Trump and the Republicans favor the farming industry over the state's billion dollar fishing industry? Hiltzik explains that and much more, as the Administration ups their efforts to avoid letting a good catastrophe go to waste.

Finally, some good news for voters in North Carolina, where a federal court has blocked the state from purging voters without notice or in the 90 days before an election; A jury verdict out of San Francisco awards $290 million to a school groundskeeper after finding Monsanto liable for his terminal cancer tied to the use of their toxic weed killer RoundUp; And we close out with Jimmy Kimmel's clever idea for trying to convince Trump to give a damn about our ever-worsening climate crisis...

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Guest: Ari Berman of Mother Jones; Also: Trump's legal woes worsen...
By Brad Friedman on 3/28/2018 6:35pm PT  

Lots of breaking news on today's BradCast, and a look at the real reasons the Trump Administration has now added a new question on citizenship to the 2020 U.S. Census. But, don't worry. It all ends with a song! [Audio link to today's show follows below.]

First up: the never-ending Executive Branch shakeup continues as Trump fires embattled Veterans Affairs Secretary David Shulkin and announces his intention to replace him with White House physician Ronny Jackson.

Then, Trump's never-ending legal woes continue to quickly mount and worsen on several fronts beyond the Special Counsel probe (where he is still having trouble finding attorneys willing to represent him, after his latest lead attorney quit last week.) Porn star Stormy Daniel's has now added a defamation charge against Trump business partner and lawyer Michael Cohen, to her civil suit against the President, and is now seeking to depose both Cohen and the President under oath.

That, on the same day a federal judge in D.C. allowed a case filed by Maryland and the District of Columbia against Trump to move forward based on claims that the President's continued ownership of the Trump International Hotel in D.C. violates the Emoluments Clause of the U.S. Constitution, barring gifts from states and foreign nations.

Up in Wisconsin, in the meantime, the GOP received its second rebuke from a state court in less than a week, for attempting to avoid calling Special Elections for two vacant seats in the state Senate. Gov. Scott Walker was ordered a second time by the court on Tuesday to call those elections immediately. Republicans in the state legislature, however, were hoping to convene a special session in order to change the law which Walker was found to have violated, as they try to avoid calling the elections in two GOP districts they fear they may lose to Democrats. (An appeals court, later on Wednesday, has now also rejected a motion to overturn the initial ruling.)

Then, we're joined by Mother Jones' Senior Reporter ARI BERMAN to discuss the GOP's war on judges who find against them, and the Commerce Dept. Secretary Wilbur Ross' approval this week of a new, last-minute, untested question on citizenship, to be added, by request of the Dept. of Justice, to the 2020 U.S. Census.

Critics, including the last five directors of the U.S. Census Bureau among others, charge the question will unlawfully depress responses to the Constitutionally-mandated decennial survey of all U.S. residents (whether they are citizens or not), as Berman reports in his new feature article for MoJo.

The DoJ, Commerce and White House all falsely claim that the new question is "necessary for the Department of Justice to protect voters [and] comply with the Voting Rights Act". Berman, author of the recently published Give us the Ballot, the landmark book on the history of the VRA and the long struggle for voting rights in the U.S., scoffs at those claims and details what he sees as the real reasons for the change, and the decade-long effect on the nation that it will have if it is not blocked by the courts. California has already sued to block the question from being included, and more than a dozen other states and advocacy groups are expected to file complaints as well.

On the GOP's war on courts following adverse rulings against them in Wisconsin, Pennsylvania and North Carolina, Berman says: "There's a very disturbing trend going on. When Republicans don't like court rulings that constrain their power, they try to nullify those rulings...What I think is so noteworthy about this is that everyone always says how much of an outlier Donald Trump is within the Republican Party. But if you just look at what Republicans are doing, in Wisconsin or North Carolina or Pennsylvania, they're following the Trump playbook, which is if you don't like a law, just ignore it."

On the Census controversy, he tells me: "We are seeing the rigging and corruption of one of the most important, mandated tasks in our Constitution...If you decide to rig the Census, then you've essentially rigged everything that follows" for the next decade. He adds: "The bigger picture here is that a failed Census is going to hurt everybody."

Finally, after a bit more late breaking news on Trump's recently-resigned attorney John Dowd having reportedly floated the possibility of Presidential pardons to two indicted former Trump officials (Michael Flynn and Paul Manafort) in the Special Counsel's Trump/Russia probe, we enjoy a brand-new song written by singer, songwriter and BradCast listener Matt Sircely, attempting to make sense of a mountain of Trump-related scandal in one jaunty country/folk song! (You can download the song for free right here, and check the lyrics you may have missed right here [PDF].)

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Wildly unpopular Senate bill will be back soon, and why Dems can never 'compromise' on what is, in fact, an issue of national security...
By Brad Friedman on 6/28/2017 5:50pm PT  

On today's BradCast, it ain't over till it's over. And, despite a brief setback in the Senate on Tuesday, the GOP's attempted assault on American health care is anything but over. [Audio link to complete show is posted below.]

First up: More Trump-fueled embarrassment for the U.S. around the world, according to a new Pew Poll survey and even with our otherwise longtime allies in Germany, where the Trump Administration's Commerce Secretary became a laughing stock, in advance of next week's G-20 summit.

And then, in the wake of Senate Republicans pulling their health care bill from a vote on Tuesday, their hopes of undermining the American health care system by repealing the Affordable Care Act ("ObamaCare") continues. That, despite several new polls confirming that the Senate GOP's measure is wildly unpopular among the American people and even among Republican voters. One poll shows support for the scheme at just 12%, another at 17%, with almost all of the data gathered prior to the CBO analysis finding the measure would result in 22 million Americans kicked off the health care rolls.

Nonetheless, even as Trump seems to have no clue, what is actually in the bill or what it will and won't do, Senate Majority Leader Mitch McConnell has access to some $200 billion to buy off a number of wavering Senators to get him to the bare minimum 50 votes he needs to strip health care from millions of Americans in exchange for huge tax cuts, the promise of undermining Medicaid and much more.

A new version of the bill could be locked down by Friday, before Congress leaves for their holiday recess.

Today we open up the phone to listeners on the issue (a few others, somewhat amusingly), before finishing up with Desi Doyen and our latest Green News Report as climate change-fueled early Summer heat waves are already bring death and destruction around the world...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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