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Latest Featured Reports | Saturday, June 23, 2018
Out For Your Kids, Your Privacy, and Your Blood: 'BradCast' 6/22/18
Guest-host Angie Coiro w/ Ziva Branstetter, Cyrus Farivar, Ken Auletta, John Carreyrou...
Death and Taxes at SCOTUS:
'BradCast' 6/21/18
Guest: Slate legal reporter Mark Joseph Stern; Also: Abuse reported at child immigrant detention centers; Trump's trade war dangers; Much more...
'Green News Report' 6/21/18
  w/ Brad & Desi
Blocked study released, reveals contamination; More CO2 reduces food nutrition; Trump rescinds BP spill protections; PLUS: 30 years since Congress warned about climate change...
Previous GNRs: 6/19/18 - 6/14/18 - Archives...
Trump Lie Collapses, Migrant Child Policy Reversed (Sort Of): 'BradCast' 6/20/18
Also: DC, AR election results; Why 'both sides are the same' argument from progressives is pathetic; Canada legalizes recreational pot...
Judge Nixes KS 'Proof of Citizenship' Voting Law, Slaps Humiliating Sanction on Kobach: 'BradCast' 6/19/18
Guest: ACLU trial atty Sophia Lin Lakin; Also: Trump's border 'crisis' worsens for Repubs...
'Green News Report' 6/19/18
Storms moving slower; EPA changes could kill thousands; China tariffs hit US energy; McDonald's dumping plastic straws; PLUS: Climate change eroding home values...
Sunday 'Giving Peace a Chance' Toons
Just a glimpse of the past week via the eyes of the world's political cartoonists, as one of them lost his job this week for being too critical of Donald J. Trump...
Sessions 'Can't Do That': Immigration Atty on Admin Denial of Domestic Abuse Asylum: 'BradCast' 6/15/18
Guest: Law Prof Karen Musalo; Also: 1000s ripped from parents, warehoused by US Govt...
'Green News Report' 6/14/18
GOPers turn on Pruitt; Antarctica melting 3x times faster; DNC bans fossil fuel donations; Floods doubled over 30 yrs; PLUS: Energy Dept: E-cars cheapest to drive...
Ranked Choice Voting is a Terrible Idea; Election Results/Fails, Trump's GOP Cult: 'BradCast' 6/13/18
NV's new voting systems fail; WI seat flipped; Scheme to break CA up on 2018 ballot...
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: 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...

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: 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...

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: 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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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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New unverifiable voting systems fail in NV; LePage still dumb in ME; Walker's fears come true in WI; Canada 'fights' back; Initiative to break CA into three states will qualify for 2018 ballot...
By Brad Friedman on 6/13/2018 6:31pm PT  

It was another wildly busy BradCast today. I know. What else is new? But, with Trump declaring today on Twitter that "There is no longer a Nuclear Threat from North Korea" (Phew! That was easy!) and that "Our Country’s biggest enemy" is the media(!), we had plenty of time to cover a lot of other things, the day after Tuesday's five state primary. [Audio link to show follows below.]

Among those stories...

Maine's Republican Governor Paul LePage, the dumbest in the nation, was accidentally right (sort of) in his poorly stated opposition during yesterday's primaries, to Ranked Choice Voting (or RCV, also sometimes known as Instant Runoff Voting or IRV). On Tuesday, Maine was the first in the nation to use RCV in a statewide election, despite the fact that it's very difficult to count, virtually impossible for the public to oversee, requires central tabulation and computers to pull off, and candidates and voters in many places where it's been tried in the past have found that it's impossible to understand why some candidates won and others lost.

(NOTE: Before you send me your hate mail, progressives and third-party people, please listen to today's show first, and also note that I'm willing to entertain a much simpler method of voting/counting which solves many of problems that folks who support RCV are concerned about. It's called Approval Voting. Basically, that allows voters to vote 'yes' or 'no' for as many candidates as they like. Whoever receives the most 'yes' votes wins. Simple. Overseeable. No computers necessary. And, it helps to avoid the "spoiler effect" that many proponents of RCV hope to solve. Listen to the full show, and then feel free to send your hate mail. UPDATE: Here's one more nightmare scenario for RCV, if you still need one.)

Anyway, LePage has threatened to not certify Tuesday's elections in his state because they are using RCV, which voters adopted in 2016. He's wrong about that and somewhat right about his RCV concerns, but --- because it's LePage --- for all the wrong reasons. I explain in detail on the show.

Speaking of this country's failure to even be able to count 1+1+1 reliably and overseeably in elections (even without adding the complicated algebra of RCV), the state of Nevada took its new, 100% unverifiable touchscreen voting systems out for a test drive across the state in their primary election on Tuesday. It did not go well. At some precincts, some candidates did not appear on some screens. Other precincts reported candidates pre-selected on their touchscreens (possibly left over from a previous voter, whose ballots may not have actually been cast.) And other problems that we describe on today's show.

We also cover some actual election results from Tuesday's primaries in Maine, Virginia, North Dakota, South Carolina and Nevada, as well as special elections in Wisconsin.

In Wisconsin, where Gov. Scott Walker (R) had attempted to prevent two special elections for the state legislature from happening at all --- because he feared the seats would flip from "Red" to "Blue" --- one of those seats in the state Senate did, in fact, flip to the Democrats for the first time in four-decades, in a very Republican district.

In Virginia, GOP voters nominated Corey Stewart, a far rightwing, Trump-endorsed Confederacy defender as their nominee to challenge Sen. Tim Kaine for the U.S. Senate this year. In South Carolina, former Governor, now U.S. Rep. Mark Sanford was turfed out in his primary by another Republican for not being Trumpy enough. And, in D.C., retiring Republican Sen. Bob Corker of Tennessee (correctly) charged that his party has become little more than a Trump "cult".

In Canada, meanwhile, the House of Commons unanimously pushed back on the Trump Administration's weekend attack on Prime Minister Justin Trudeau following the G7 summit, and on the tariffs imposed by Trump on steel and aluminum from our longtime friends and allies to the north. And the next day, in a complete coincidence, Trump's DHS hardened their border policy with Canada to, supposedly, prevent criminals and terrorists from entering the U.S.

Finally today, a ballot initiative that would break California into three states appears to have qualified for this November's ballot! While the measure is currently said to be very unpopular with actual voters in the Golden State, it seems at least as unthinkable that it could pass as that Donald Trump could ever become President of the United States...

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: Stolen SCOTUS approves OH's radical vote purge scheme; L.A. County won't rule out hacking in primary election 'print error' that left 118k off Election Day rolls; Callers ring in on all of the above...
By Brad Friedman on 6/11/2018 6:10pm PT  

The crazy train continues. And gets crazier. Among the stories covered on today's BradCast. [Audio link to show follows below.]...

  • The stolen Republican 5 to 4 majority [PDF] on the U.S. Supreme Court on Monday found in favor of Ohio's radical voter purge scheme that begins to remove voters from the rolls for failing to vote in one single federal election, in what voting rights advocates (and the 6th U.S. Circuit Court of Appeals) found to be a direct violation of the National Voter Registration Act. According to a 2016 Reuters analysis, the scheme resulted in 144,000 voters being removed from the rolls in Cleveland, Cincinnati and Columbus alone, and affected voters in Democratic-leaning neighborhoods at roughly twice the rate as in Republican neighborhoods. Other GOP-controlled states are now believed likely to adopt similar voter purge schemes;
  • The Los Angeles County Registrar of Voters says he cannot yet rule out hacking as the cause for 118,000 voters being left off the printed rosters at the polls during last week's midterm primaries in California. Registrar Dean Logan has announced that an independent analyst will be hired to try and determine why it happened and how to prevent an even worse disaster this November;
  • Seemingly bowing to public pressure, The Trump Administration's Housing and Urban Development Secretary Ben Carson has now said he plans to back off his proposed scheme to increase rents by more than 20% per year on more than 8 million low-income Americans --- including millions of children, elderly and the disabled --- who live in federally subsidized housing for the working poor; (Our guest on this topic last week, former Obama HUD official Diane Yentel, warns that pieces of this proposal may find its way into other legislation being moved by Congressional Republicans to gut the social safety net for the poor.);
  • Then, on to the crazy train: Trump arrived late and left early from the Group of Seven (G7) summit with our top allies on Saturday, pulled the U.S. off of the G7's traditional summit-ending communiqué, which he'd previously agreed to, and then turned against mild-mannered Canadian Prime Minister Justin Trudeau for daring to keep his promise to respond (as he'd previously announced) to Trump's trade tariffs imposed on imported steel and aluminum from Canada and other close allies last week. In turn, Larry Kudlow, Trump's top economic adviser, took to the Sunday news shows to describe Canada's response as a "betrayal" and his top trade adviser, Peter Navarro went on to charge there was a "special place in hell for any foreign leader that engages in bad diplomacy with president Donald J. Trump.";
  • All of which served as a precursor for Trump's historic summit set for Tuesday in Singapore with North Korean leader Kim Jong-un. On Monday, Trump announced he planned to leave that summit --- with the potential denuclearization of North Korea and an end to the 70-year old conflict between the North and the South on the table --- early as well. What could possibly go wrong? And how bad does this all get before it gets better?

Callers ring in on all of the above on today's busy BradCast, focusing on the election failure last week in Los Angeles, and how Trump is likely to try and use the results from Singapore, whatever they may be, to his political advantage...accurately, dishonestly, or otherwise...

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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News on several massive Election Day failures in L.A. and some more noteworthy results in CA and elsewhere; Also: The continuing jaw-dropping kleptocracy of Trump's shockingly still-employed EPA chief...
By Brad Friedman on 6/7/2018 5:30pm PT  

On today's BradCast: We continue our coverage of fallout following this past Tuesday's midterm primary elections in eight states, as the counting and canvassing moves forward. [Audio link to show follows below]

In California on Wednesday night, Sec. of State Alex Padilla (D) sent a stern letter to Los Angeles County's Registrar Recorder/County Clerk Dean Logan demanding answers and actions following a still-unexplained "printing error" that resulted in the names of more than 118,000 registered voters (including Fonzie!) being left off the printed rosters at more than 1,000 polling places.

Voters found missing from the rolls were to have been given provisional ballots on Tuesday, according to Logan, but there are questions as to whether all of them were. Also, there are concerns about whether those provisional ballots will all, in fact, be counted (or tossed for bad reasons, as some provisional and vote-by-mail ballots are), and if those ballots will be included in the county's 1% post-election manual "spot check", meant to determine whether hand-marked paper ballots were tallied as per voter intent by the county's computer tabulators. A new state law adopted last year exempts both provisional ballots and late vote-by-mail ballots post-marked by Election Day (which may arrive several days after the election and still be included in tallies) from that mandated 1% "random audit". We've got a bit of exclusive news on that front today.

That disaster was not the only problem for voters on Tuesday in L.A., the nation's largest voting jurisdiction. One blind voter reports on her failed attempt to vote on four separate audio voting systems for disabled voters at three separate polling places. All four machines failed to work, echoing a very similar problem that I had while attempting to vote on those very same systems in L.A. ten years ago. In a 2008 primary, 4 out of 12 of my own votes were misprinted by the computer-marked paper ballot audio voting system. (Luckily, I'm not blind, so was able to notice the computer-printed failure before casting the ballot!) Two years later, in 2010, when I tried the system again, it failed to work altogether on two different machines.

Also in CA on Tuesday, voters in a recall election successfully removed a state judge who had issued a controversially lenient sentence to a Stanford University athlete last year following his sexual assault of an unconscious woman. Another recall election, engineered by state Republicans, resulted in the removal of a Democratic state Senator for having voted in favor of a gas tax hike last year. The successful recall strips Dems of their two-thirds super-majority in the state Senate, which is required for the passage of any new state taxes or fees.

In Alabama, the unbalanced Republican Sec. of State John Merrill --- who blocked me on Twitter last December for being correct about the state's computer tabulation systems, before sending a barrage of insanely bizarre emails to me last week --- won his primary for re-election on Tuesday.

And Joseph Siegelman, son of the former Democratic AL Gov. Don Siegelman, (both guests on the show over the years) won his primary for Attorney General in the state. Depending on the results of a primary runoff on the GOP side, Siegelman may be running this November against a former AL Attorney General who was part of the GOP cabal who helped imprison his father on seemingly trumped up bribery charges more than a decade ago. (Tune in for a wild summary of the incredible GOP corruption in that state around all of that, which still echoes throughout state politics today. And, with all of the madness I quickly summarized on the show, I now realize I forgot to mention, incredibly enough, that the George W. Bush-appointed federal judge who convicted and sentenced Gov. Siegelman was later forced to resign after being arrested for beating his wife!)

And, in South Dakota, some remarkable fallout from a Sheriff's race in one county, underscoring, yet again that elections have consequences and that so-called "Right-to-Work" states are anything but.

Then, after a smart observation from longtime BRAD BLOG reader "Dredd", who points out that more Americans appear to have been killed by one climate event --- Hurricane Maria in Puerto Rico --- than in our (so far) 17-year long war in Afghanistan, Desi Doyen joins us for the latest Green News Report. Among other things in today's report, still more outrageous corruption news revealed from EPA Administrator Scott Pruitt. But, we had more on that front than we could fit into our GNR today --- and more that has broken since recording it Wednesday morning --- so we follow up with that additional news about Trump's kleptocratic EPA chief, including a Republican U.S. Senator who has some choice words for the shockingly still-employed Pruitt...

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Guest: Jim Dean of DFA is 'celebrating' after contests in 9 states, but wants 'institutional' Dems to let state voters decide elections; Also: More on polling place failures in L.A. and SD; Huge wins for Dems in NM, MO...
By Brad Friedman on 6/6/2018 6:35pm PT  

On today's BradCast: It was a wild ride on Tuesday night and into Wednesday morning, particularly in California, as eight states (CA, AL, IA, MS, MT, NJ, NM and SD) all held their held their mid-term primary elections, along with another special election for MO's state legislature.

Most eyes were on the Golden State Tuesday, as Democrats see as many as seven U.S. House seats currently held by Republicans that they may be able to flip this November. But, thanks to California's "Top Two" or "Jungle Primary" system, where all candidates, from all parties, run in the same primary --- with the top two vote-getters going on to compete in November --- there was a very real chance that Dems could have been shut out of some of those flippable races altogether, due to the sheer number of Democrats on yesterday's ballot. That bullet appears to have been dodged, so far. As of Wednesday afternoon, it appears that Dems will place in the two top in each of those races, though votes are still being tallied across the state, and a number of Election Day concerns have muddied some of the water.

One such concern is the more than 118,000 voters whose names were left off of the printed voter rosters at the polls in Los Angeles County, due to a "printing error". Though voters were all supposed to have been given provisional ballots if their names did not appear, the Lawyer's Committee for Civil Rights Under Law, which leads the national Election Protection coalition, reported in a statement last night that "many were not".

Meanwhile, in the northern part of the state, it was a failure of electronic pollbooks in CA's San Mateo County that forced some voters to cast hand-marked paper provisional ballots (arguably better than the county's 100% unverifiable electronic voting system, however!) And a similar failure of computerized e-pollbooks from a private vendor in eight different South Dakota counties also jeopardized that state's election on Tuesday.

We're joined today by JIM DEAN, longtime chair of Democracy for America (DFA), which has has been fighting to build a broad, progressive grassroots coalition since Dean's brother Howard famously ran for the Democratic Presidential nomination back in 2004. Dean, whose DFA-endorsed candidates won some and lost some on Tuesday, excoriates the national, "institutional" Democratic Party for meddling in state primaries, including in CA, where, he argues, voters, not the party, should be allowed to decide who will run in November.

"If we aren't good enough to expand the electorate in these districts, to have enough support so that one of the Democratic candidates is going to survive this top two 'jungle primary' system --- if we're not good enough to do that, then it doesn't matter whether they engineer a Democratic second place finisher or not," he contends.

He also suggests that this week's primaries in CA, may signal that it's time to end the state's "experiment" with the Top Two system, while otherwise observing that Tuesday, overall, was a very good day for Democrats and progressives alike. Dean tells me he is "celebrating" the "plethora of candidates that are out there running and putting themselves out" in response to the nation's "little Fort Sumter moment in 2016."

We also discuss what effect the 2nd place finish by Republican businessman John Cox to take on Lt. Gov. Gavin Newsom in the Gubernatorial race this November in CA is likely to have on Dems chances of flipping several House seats from "red" to "blue" and how the U.S. Senate contest between two Democrats, Sen. Diane Feinstein and the more progressive (DFA-endorsed) second-place finisher, state Senate President Kevin de León, might effect voter turnout across the state as well.

As to the party's national message, such that there is one to date, Dean believes the candidates who are running this year will force the party in the right direction. "Last year, canvassers were being told not to talk to voters about immigration and gun control," he says. "It's time for us to start standing up. The thing that is so great about these candidates, they're pushing this out. You may not agree with their positions, but they are pushing this stuff out. We are having a lot of progressive positions that do have traction. $15 an hour is another one. Medicare For All. A lot of things are going to come out in the primary process, and we just have to make sure the leadership doesn't buckle that down" as they have in years past.

"I think the candidates are going to change that. I'm confident their aggressive style is going to force the leadership to actually say what they're for, and not say 'you gotta vote for us because the other guy's really bad', which is not a winning message."

There was more good news elsewhere for Democrats and progressives on Tuesday, including in New Mexico where Debra Haaland now appears poised to become the first Native American woman ever in the U.S. House after winning her primary. And progressive grassroots upstart Susan Herrera unseated a long-serving, rightwing corporatist Democrat in the state's House of Representatives, making reform in NM for things like automatic voter registration and gun safety legislation now much more likely. There is no Republican running against her for the seat this fall.

Finally, in Missouri, Democrat Lauren Arthur won a special election for the state Senate, in a district that has been held by Republicans for more than a decade. Her whopping 19-point victory (a nearly 25-point swing since Trump won the district by 5 points in 2016), appears to be freaking out many Republicans in MO and elsewhere, who worry about the potential "blue wave" that Dems hope to see crashing ashore this November...

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Guest: Slate legal reporter Mark Joseph Stern on 'having cake and eating it too'; Also: Probs for voters in CA and SD, as eight states hold primaries...
By Brad Friedman on 6/5/2018 6:05pm PT  

On today's BradCast: As voters head to the polls in eight states (CA, AL, IA, MS, MT, NJ, NM and SD) on Tuesday, we cover a few "sorta victories" elsewhere for now, including at the U.S. Supreme Court. [Audio link to show is posted below.]

Reports of problems at the polls have already cropped up, however, in South Dakota, where electronic pollbooks failed in eight counties, and here in Los Angeles, where a "random issue with the print job" on paper rosters at polling places, according to the County Clerk, has led to some voters needing to cast provisional ballots.

As we await election results and likely reports of more problems elsewhere, a "sorta victory" for Twitter users who had sued the President after he blocked them on Twitter. Those seven plaintiffs were finally unblocked by Trump after a federal court found last month that he was violating their Constitutional First Amendment free speech rights. But, on the same day those seven were unblocked, the Dept. of Justice appealed the court's ruling anyway.

In Alabama, another "sorta victory" as the story of Sec. of State John Merrill blocking folks on Twitter for pointing out his errors as the state's top election official, has finally been picked up by the corporate media in the state. That, just hours before voters headed to the polls, with Merrill himself on the ballot. The coverage comes after we first reported on Merrill's behavior months ago (when he blocked me for being right about the state's computerized election tabulators), and again last week after he sent me a flurry of insane emails [PDF] in response to a simple query as to whether he planned to unblock followers now that a federal court has found his behavior to be in violation of the U.S. Constitution. The Montgomery Advertiser's weak coverage, however, largely serves to offer the Sec. of State a platform to call election experts and journalists "trolls" (for being correct and polite), while still refusing to unblock them.

In Arizona, a lawsuit against the state for keeping tens of thousands of registered voters off the rolls for failing to provide "proof of citizenship" before being allowed to vote has now been settled with a consent decree that will enfranchise many voters, even if it will still result in thousands being disallowed from voting in state and local contests. So, a "sorta victory" there as well.

And, at the U.S. Supreme Court this week, a "sorta victory" for both anti-gay bigots and civil rights advocates as the long-awaited ruling in Masterpiece Cakeshop v. CO Civil Rights Commission, a case involving a Colorado baker who refused to make a cake for a same-sex couple's wedding reception is finally decided by a narrow 7 to 2 ruling in favor of the baker...sorta.

Slate legal reporter MARK JOSEPH STERN joins us to explain how Justice Anthony Kennedy, with his majority opinion. tries to "have his cake and eat it too," by largely kicking the can down the road for another day, while ostensibly siding with the baker against the state Commission on rather dubious religious freedom grounds.

The decision, however, also appears to strengthen the existing right of states to bar discrimination by similar businesses on the basis of sexual orientation. So much so, that, under the ruling, the two plaintiffs, according to their ACLU attorney, should be able to walk into Jack Phillip's Masterpiece Cakeshop in Lakewood, CO today and purchase a cake for their wedding anniversary, if they wished. If they are blocked, that would be in violation of the Constitution. Nonetheless, a definitive opinion from SCOTUS on the issue of discrimination on the basis of sexual orientation will have to wait for another day.

"If the Supreme Court applied the same standard to the [Trump] travel ban case as they have applied to Masterpiece, the Court would have no trouble striking down the travel ban as a violation of First Amendment religious freedoms," Stern tells me, when I ask whether Kennedy's weak religious liberty argument here may apply more to some religions than others. "Unfortunately, I do not think the court is going to be consistent. I think, instead, the Court's going to wind up applying a much stricter standard when it's Christians' rights on the line, than when it's Muslims' rights on the line. And we're all going to be very disappointed in this kind of inconsistent religious liberty --- 'for me, but not for thee.'"

Stern offers smart insight on the Court's opinion(s) --- which were widely misreported elsewhere on Monday --- as well as another decision this week from the Court on the Trump Administration's failed attempt to punish the ACLU for supporting a teen immigrant who sought a lawful abortion after being detained at the border. That ruling, at least, was a complete victory, he explains, not just a "sorta" one.

Finally, Desi Doyen joins us for the latest Green News Report, with news on two deadly volcanoes in Guatemala and Hawaii, the Administration's new scheme to bail-out the coal industry, Canada's new scheme to nationalize a controversial pipeline, and more distressing fossil fuel and climate change news...

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Guest: Fordham Univ. School of Law's legal historian Jed Shugerman...
By Brad Friedman on 6/4/2018 6:34pm PT  

On today's BradCast: The nation appears to be lurching ever closer to a full-blown Constitutional Crisis, as Trump and his team offer a series of extraordinary and largely unprecedented (save for Nixon) claims in support of sweeping Presidential powers, over the past few days, which would place the Executive completely above the rule of law. [Audio link to show is posted below.]

Over the weekend, Team Trump was once again on the offensive in the media, following the disclosure of a 20-page letter sent by Trump's attorneys to Special Counsel Robert Mueller in January, wherein they argued, among other things, that Presidents cannot legally be subpoenaed to appear before a grand jury, cannot be guilty of obstruction of justice, since they have unfettered power over all Dept. of Justice investigations, cannot be indicted while serving, and have absolute power to pardon anybody for any crime at any time for any reason.

Moreover, on Monday, Trump took to Twitter to charge that the Mueller probe is, itself "totally UNCONSTITUTIONAL" (his caps) and that he has "the absolute right to PARDON" himself. Many constitutional law experts disagree with many of those points.

In response, author, blogger, Slate contributor and Fordham University School of Law legal historian JED SHUGERMAN joins us on today's show to offer historical, legal, and Constitutional points of clarity and precedent on the power and scope of Presidential pardons, subpoenas, indictments and the expansive interpretation of those powers that Trump and his attorneys have been proffering in recent days.

Among the historically relevant cases and precedents referenced by Shugerman today: United States v. Richard Nixon, Bill Clinton v. Paula Jones, and even the more recent case of Rod Blagojevich, who, Trump recently said, he was considering pardoning after the disgraced Illinois Governor was convicted for trying to sell off the vacant U.S. Senate seat left by Barack Obama when he became President. "It's no accident that Trump is talking about pardoning [Blagojevich]," argues Shugerman, detailing how Trump sees him as unfairly convicted for simply using his constitutional powers, "even with a bribe, because that's just politics as normal. It's an incredibly cynical move."

"Just because the Constitution gives someone the power to do something, it doesn't mean they can use it for whatever purpose they want," he tells me. "Even if you have five good reasons for doing something, but one illegal reason, that illegal reason still makes it illegal."

"The Constitution says 'the President shall take care that the laws be faithfully executed'," Shugerman notes, while explaining why many of the current arguments being made by Team Trump may work effectively for propaganda purposes, but appear to have little legal basis or precedent, particularly while describing that a President would be acting "faithlessly" by pardoning himself. But, even if that happens, he says, he is confident (more so than I) that state prosecutors who are unbound by federal pardons, will pick up the prosecutorial ball against Trump and his cohorts.

[Update 6/5/2018: Shugerman and more than a dozen other distinguished constitutional law experts outline their case against Trump's expansive pardon powers claim in a letter to Trump's Whitehouse attorneys now posted here.]

Shugerman also describes the "bombshell" disclosure from that newly revealed letter from Trump's lawyers, in their admission that the President "dictated" the false written response from Don Jr. after the disclosure of the infamous June 2016 Trump Tower meeting with Russian nationals to receive "dirt" on Hillary Clinton.

Also on today's show...

  • Republican House Majority Leader Rep. Kevin McCarthy --- believed to be the front-runner to become the next Speaker of the House if the GOP maintains control of the chamber this November --- refused to respond to CNN's on-air questions over the weekend about the Trump attorneys' concession that they and the White House had lied to the public about the infamous 2016 Trump Tower meeting;
  • Despite his continuing lies and chaotic presidency, Trump remains wildly popular among Republicans, according to Gallup. As of his 500th day in office, he enjoys a higher "own party" approval rating than any other President since WWII, other than George W. Bush (following 9/11), at a similar point in their presidencies;
  • The U.S. Supreme Court allows a baker in Colorado to discriminate against a gay couple. (More on this tomorrow.)
  • Corporate CEOs are now admitting out loud that, despite record profits, a theoretically booming economy and huge recent tax cuts, they have no intention of raising pay for workers;

And, on the day before 2018 mid-term primary elections are held in eight states tomorrow, an Election Integrity author rings in to remind us that Russia isn't the only threat to vulnerable, easily-manipulated computerized election results in the U.S. --- not by a long shot...

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Guest: Alex Doukas of Oil Change Int'l; Also: Trump's trade war, Bad news for CA Repubs, Bad news for TX voters, listeners aghast at AL Sec. of State's crazy emails...
By Brad Friedman on 6/1/2018 6:43pm PT  

On today's BradCast: Both Trump in the U.S. and Trudeau in Canada have revealed schemes to prop up dying elements of the fossil fuel industry by having their respective governments spend billions "picking winners and losers," which Republicans, at least, used to pretend to abhor. [Audio link to show follows below.]

First up today, however, just before Tuesday's primaries in eight states, one of them, California, announces record voter registration numbers including the fact that, for the first time, registrations for "No Party Preference" voters now outnumber registration for the Republican Party in the state.

As California has made registration far easier for voters in a number of ways, Texas continues to do the opposite. A federal court last week found the state in violation of the National Voter Registration Act (NVRA or "Motor Voter Act") as well as the Constitution's Equal Protection clause, and ordered them to implement online voter registration for those who renew drivers licenses online within 45 days. Of course, TX appealed the ruling to the U.S. 5th Circuit Court of Appeals, which has now temporarily blocked the lower court ruling. That is likely to block online registration for Texans until at least after the crucial 2018 midterms, as the case filed by voting rights advocates in 2016 continues to languish.

Also today, Donald Trump has managed to infuriate allies, adversaries, and even his own party, as longtime U.S. trading partners Canada, Mexico and the EU began to push back against steep tariffs imposed, as of today, by the Trump Administration on imported steel and aluminum. In response, Canadian Prime Minister Justin Trudeau, for example, has announced a dollar for dollar retaliation in what is quickly turning into a full blown global trade war, likely to increase prices for Americans on many consumer goods.

At the same time, a new scheme by the Trump administration to pick winners and losers in the energy industry, by forcing electric operators to use coal and nuclear power under the pretext of a 70-year old, Cold War-era "national security" provision, was revealed today by Bloomberg News.

And, up in Canada, PM Trudeau is facing criticism after announcing his government's plan to purchase the controversial Trans Mountain pipeline from Kinder Morgan. A massive extension of the pipeline, to send dirty tar sands oils from Alberta to British Columbia for export overseas, has been long opposed by environmentalists and indigenous groups. But Trudeau's nationalization of the pipeline is meant to overcome both the protests and legal barriers.

Our guest today, ALEX DOUKAS of Oil Change International (a Canadian himself) explains what "these egregious and terrible decisions that Trump and Trudeau have taken over the last few days" mean for the U.S., Canada, and our dangerous fossil fuel future. Doukas heads up the group's Stop Funding Fossil Fuels program and observes that Trump is "setting up consumers to pay vastly more for more polluting forms of electricity, just to give handouts to his corporate cronies and his buddies in the coal industry."

That, as Trudeau, who claims to favor the reduction of fossil fuel emissions to curb global warming, has, with his plan to purchase what Doukas describes as the "doomed" Kinder Morgan pipeline, "gives the lie to the idea that the Trudeau Government is really serious about tackling climate change."

Trump and Trudeau, Doukas argues, are "actually a lot more alike than I would have hoped, because they're both willing to step in and nationalize parts of the fossil fuel industry to keep the dollars flowing to the petro-state." He adds: "Pretending that the tar sands is a long term industry, is the same thing that's happening in the U.S. --- lying to coal miners that coal is going to make a comeback, that we're going to make coal great again. It's not going to happen."

But, while he argues that Kinder Morgan, the Houston-based "successor of Enron," has "basically pulled one over on the Canadian government for a failing project they they knew wasn't going to get built," establishing the precedent of government intervention in the dying industries may come back to haunt the supporters of the petro-chemical industries in both countries.

Finally, we've received a lot of feedback following Thursday's program, in which we shared some of the insane emails [PDF] sent over the past week to me by Alabama's seemingly unbalanced Sec. of State John Merrill (R) in advance of his state's (and his own) primary elections next week. We share a bit of the response from listeners, computer experts and election integrity advocates who were, by and large, flabbergasted by Merrill's behavior, as revealed in those emails...

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Alabama's election chief lashes out in advance of midterm primaries, after previously blocking journalists, election law experts on Twitter...
By Brad Friedman on 5/31/2018 6:37pm PT  

On today's BradCast: Just days from Alabama's mid-term primaries next week --- in which Sec. of State John Merrill (R) will be on the ballot himself --- we share a wild, and often inexplicable, string of bizarre emails sent sent to me over the past week by the state's chief election official. [Audio link to show follows below.]

The weird story begins late last year, with the contentious and closely watched December U.S. Senate special election in Alabama between Republican Roy Moore and Democrat Doug Jones. On election night, following the state's computer-tallied results reported a narrow victory for Jones, Merrill inaccurately stated on CNN that "any candidate can ask for a recount and if they pay for it, they can receive a recount."

After UC Irvine's highly-regarded election law expert, Rick Hasen, noted on Twitter that Merrill appeared to be in error, that AL's state election code appeared to allow only candidates in NON-federal races to request and pay for a recount if the margin was larger than 0.5%, Merrill blocked him, rather than correct his own error or cite a different section of the state law to support his assertions. That pattern would be repeated as Merrill blocked other election law experts on Twitter.

Days later, the Secretary of State injected himself into a Twitter exchange I was having with others, to insist, repeatedly and inaccurately that Alabama's computerized paper ballot scanners "do not capture or preserve digital ballot images." In fact, they do, as made clear during a successful state court action just before the election. (My interview at the time with one of the organizers of the lawsuit is here). Merrill, however, was able to have the ruling stayed by the AL Supreme Court the night before the election. (My election day interview, with one of the plaintiff attorneys is here.)

Rather than cite evidence during the, extremely bizarre Twitter conversation [PDF], Merrill ended up blocking me there as well.

All of which brings us to last week, when a federal court in New York determined that public officials --- in that case, the President of the United States --- was in violation of the Constitution's First Amendment for blocking perceived "political opponents" on Twitter. (My interview with one of the plaintiffs in that case is here.)

Before we covered the ruling on a BradCast last week with University of Kentucky College of Law constitutional expert Joshua A. Douglas, who had also been blocked by Merrill (my interview with him on that earlier last year is here), I sought comment from the Secretary as to whether he intended to restore those he'd blocked, given the federal court ruling.

The subsequent string of bizarre emails [PDF] and phone calls I then received from the state's top election official is remarkable, and we share those on today's show, in the interest of Alabama voters who head to the polls next week.

In addition to steadfastly refusing to unblock the election law experts and journalists he's blocked on Twitter, Merrill unleashes a number of unhinged and often inexplicable rants in response to polite queries about both the Twitter blocks and whether Merrill has asked county election officials to set their vote tabulation computers to preserve scanned ballot images in the upcoming primary, in order to make public oversight of results somewhat easier.

At several points, Merrill's Deputy Chief of Staff and Communications Director John Bennett attempted to intercede via both email and phone. As I explain on the show today, the call from Bennett was very pleasant and he seemed to me, in truth, somewhat embarrassed by his boss' behavior. But he promised to get back to me after looking into both the Twitter ruling and the issue of Alabama's ES&S computer tabulation systems capturing digital ballot images. A note he sent shortly thereafter confirmed that they do. (See the PDF linked above for details.)

But, then Merrill blew things up again, with another string of emailed rants. Among the odd attacks from the emails in which the first term Sec. of State describes himself as "a nationally recognized expert in the field of elections", Merrill charges that I have a "problem...bigger than one that I have the ability to solve" (but refuses to specify what that "problem" might be), that I live with my mother (I don't), "has absolutely no idea what [I'm] talking about" (despite some 15 years of covering elections and voting systems as a journalist), and should try to "get a job with an elections program system" so I can "contribute to the discussion as an expert in the field". That's just a taste.

As noted today, I didn't even want to cover this at all, in truth, because it's largely just embarrassing for Merrill. But when I realized he was actually on the ballot next week, it seemed this was information that voters in Alabama deserved to know before making their decision. For the record, Merrill is being challenged in the Republican primary by Michael Johnson. On the Democratic side, two candidates, Heather Milam and Lula Albert-Kaigler. (She ran unsuccessfully against Merrill in 2014, though I can't find an official campaign website for her now.)

Also today: A new book by a longtime senior adviser to President Obama reportedly reveals that he feared sanctions against Russia before the 2016 election might have resulted in hacked computer tabulation systems (despite public assertions by the Administration before and after that Presidential results could not be easily manipulated by foreign attack), and election officials in a number of states are now reportedly very concerned about hacking --- or the perception that results were tampered with --- in advance of the crucial 2018 midterm elections (just as we've been warning, non-stop, for more than a decade.)

Finally, Desi Doyen joins us for the latest Green News Report, as climate change wreaks havoc with a number of deadly storms over the Memorial Day weekend...

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The Young Turks' founder talks media failure, political dysfunction, Roseanne and Democratic 'chaos' in CA's upcoming mid-term primaries...
By Brad Friedman on 5/30/2018 6:08pm PT  

On today's BradCast, we're joined by our old friend CENK UYGUR, host and founder of the wildly popular online news outlet, The Young Turks and the entire TYTNetwork. [Audio link follows below.]

We have a wide-ranging conversation on a host of important topics, beginning with the chaotic mid-term primaries coming up next Tuesday in California, where, for example, 32 candidates, from all parties, are vying in the same race for the top two slots to go on to the November general election in the fight for longtime Democratic U.S. Senator Dianne Feinstein's seat.

Of even greater concern to Democrats hoping to win back one or both chambers of Congress, are seven Republican U.S. House seats thought to be flippable in the Golden State this year. However, thanks to the state's "Top Two" primary system and a glut of Democrats on the ballot, the progressive vote could be split in a number of those races, resulting in no Democrats qualifying for the November ballot at all in several of those contests next week.

Uygur discusses the pros and cons of California's strange primary system and much more, including how both corporate and independent media ought to be covering the "insanity" of Donald Trump, who he describes as "the monster in office...on fascism's doorstep".

The corporate media, he argues, "are afraid of offending Republican viewers. Their business imperative to not lose a certain percentage of their audience is coloring how they cover the truth of the matter. In reality, they should go out there and do what we do, and say: 'If you believe this, you are nuts. It's not remotely true.' But they're afraid they are going to turn off 30% of the country, and lose advertising dollars."

"We are a news outlet that is proudly activist," he tells me when I ask whether TYT is a political organization. "The rest of mainstream news and corporate news say 'Hey, relax, don't do anything. Do the news, but don't care about it, don't try to fix anything! Fixing anything is bad!' And we don't agree with that. We think that you can present the news and say, 'Now here's what you can do to fix it.'"

As to independent outlets, he charges, "we're not emphasizing enough that the President of the United States is a combination of mentally unhealthy, certainly unstable, incredibly dumb and, most importantly, fascist."

We also talk about the continuing internecine battle between the progressive and establishment wings of the Democratic Party, whether they can and will and should come together this November, and we even chat a bit about the sad story of Roseanne Barr who, Ugyur believes, "similar to Kanye West, similar to Glenn Beck, similar to Alex Jones...all have mental health problems."

Uygur, who is also a founder of Wolf-PAC (fighting to get all money out of politics), and a former founding member of Justice Democrats (fighting to put progressive Democrats into office), also makes the case for a number of progressive U.S. House and Senate candidates in California endorsed by one or both of those groups.

Also on today's show: While the economy is supposedly doing great, according to Donald Trump and the GOP, wages are failing to rise commensurately, even after the massive tax cuts passed last year, largely for the wealthy and corporations. Now why would that be? And, some encouraging news today out of Virginia, which is poised to finally expand Medicaid under the Affordable Care Act ("ObamaCare") to some 400,000 residents, thanks to voters who turned out last November to flip enough seats in the state legislature from "red" to "blue" to finally assure health care to hundreds of thousands in the state. And, finally today, a bit more good news for Democrats, as new polling finds a majority of young voters plan to turn out to vote in this year's mid-terms, and they are far less Republicans than the population at large...

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Guest: ACLU Ohio legal director Freda Levenson: Also: Hurricane Maria 70x more deadly than believed and 2018 storm season already deadly...
By Brad Friedman on 5/29/2018 6:19pm PT  

Among the stories covered on today's post-Memorial Day weekend BradCast. [Audio link to show is posted below]...

First up, some accountability news. Missouri Governor Eric Greitens (R) finally announces his resignation, after two separate indictments (one related to allegedly blackmailing a woman he has admitted to having had an affair with, and the other for unlawfully using a veterans charity contact list during his 2016 run for Governor) and after the GOP-majority legislature convened an historic special session to consider his impeachment.

Also, hit ABC sitcom reboot Roseanne is cancelled just hours after its titular star tweeted a racist comment about a longtime friend and adviser to former President Obama.

Then, why at least some of Trump's obnoxious, inaccurate, and sometimes dangerous tweets actually matter (as much as we try to avoid them). A new poll finds alarming numbers of Republicans (and, yes, Democrats!) actually buy the President's evidence-free claims that as many as 5 million fraudulent votes were cast in the 2016 Presidential election, as his new --- and similarly evidence-free --- tweets targeting Special Counsel Robert Mueller's probe now claim the investigation is "rigged" and is meant for "MEDDLING with the mid-term elections now that Republicans...are taking the lead in Polls".

In fact, while there is no evidence that Mueller's probe is "rigged" or that he is "meddling" in the mid-terms, Republicans are now said to be nearly tied or even taking the lead in some generic U.S. House polling on the heels of Trump's increasingly strident and inaccurate Twitter torrent. (Here, however, is a more skeptical look at those numbers.)

Nonetheless, many Democrats still seem very confident that a "blue wave" is in the making to flip one or both chambers of Congress from GOP control this November in response to Trump, as suggested by a surge in Democratic turnout during the 2018 primaries. It should be noted, however, that there are also signs that GOP turnout is increasing as well.

All of that is before the usual GOP voter suppression kicks into high gear. To that end today, the lawsuits have begun already. Last week, a suit was filed by the League of Women Voters and others against Florida's Republican Gov. Rick Scott and his hand-picked Sec. of State Ken Detzner's refusal to allow early voting centers at public universities.

And, in Ohio, the ACLU has now filed suit against the state's Republican drawn U.S. House districts, charging that the maps, drawn up in secret by the national GOP after the 2010 Census, violate the U.S. Constitution as an extreme partisan gerrymander.

We're joined by ACLU Ohio's Legal Director FREDA LEVENSON, who explains the case, why it's taken so long to be filed after resulting in 12 GOP U.S. House members to the Democrats' 4 over each of the last three elections in the swing-state, and how related cases from other states, now pending decisions at the U.S. Supreme Court, may effect this one.

Levenson also updates us on another case awaiting a decision any day from SCOTUS, regarding Ohio Sec. of State Jon Husted (R)'s attempt to purge voters from the roles after failing to vote in two consecutive federal elections. She explains why the ACLU sees that as a violation of the National Voter Registration Act (NRVA) and how SCOTUS' ultimate decision in this case could result in similar mass voter purges being carried out in states across the country.

Finally today, a new scientific study finds that some 5,000 Puerto Ricans may have been killed by Hurricane Maria, rather than the 64 officially attributed to it, and Desi Doyen joins us with troubling details on deadly storms and flooding in Maryland and North Carolina over the holiday weekend, as subtropical storm Alberto, the first named storm of the new Atlantic hurricane season, rolls ashore days before the new season even officially begins...

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

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Guest: Univ. of Kentucky law professor Joshua A. Douglas; Also: 'Dotard' President nixes NK summit (for now): Plus: ZOMBIE ALERT!...
By Brad Friedman on 5/24/2018 6:35pm PT  

On today's BradCast: Our last show before a long holiday weekend packs a wallop and finds not just the President of the United States in violation of the Constitution, but also Alabama's Secretary of State. Also: zombies! [Audio link to show follows below.]

First up, President Trump found an excuse today to bail out of the planned June 12th nuclear summit with North Korean leader Kim Jong-Un, stunning allies in South Korea with a letter to Kim that sounded not unlike a bad breakup letter from a "needy" boyfriend, meant to keep his girlfriend from breaking up with him first --- while begging her to come back. We share the bizarre letter in full, along with both reactions to it and reasons behind it.

Then, it's been an interesting week for the First Amendment and those who claim to be "Constitutional conservatives", as Scott Pruitt's EPA locked out mainstream media outlets, such as AP and CNN, from a major water contamination forum, and as a federal judge in New York ruled that Trump was personally violating the Constitutional First Amendment free speech rights of seven plaintiffs who sued after he blocked them on Twitter. (My interview with one of the plaintiffs earlier this year, legal journalist Rebecca Showalter-Poza, is here.) The Dept. of Justice is said to be reviewing the court's ruling and may appeal.

While those plaintiffs were purportedly blocked from seeing or responding to Trump's Twitter feed, because he disagreed with their political points of view, the case echoes a similar matter that we discussed some months ago, after I was blocked on Twitter by Alabama Sec. of State John Merrill (R) in the midst of a bizarre conversation [PDF] in which I politely corrected the Secretary for erroneous public statements made about his state's computerized vote tabulation systems.

We're joined today to discuss both of those free speech matters and more by University of Kentucky College of Law professor JOSHUA A. DOUGLAS, who was also blocked by Merrill on Twitter last year after mentioning to him that "blocking people on Twitter, blocking his own constituents on Twitter, could violate the First Amendment".

Douglas, whose assertion was bared out by the federal judge in New York this week, explains the ruling and what may happen next in the case (will Trump end up pushing the case and violating a federal court order and then attempt to pardon himself as a test run for the future?), and I share an emailed response to my query from Merrill this morning in full, as the blocks continue on Twitter in apparent violation of the Constitution.

The central part of Merrill's response to me today [emphasis added]:

I will continue to use my social media forums the way that I have in the past. They will not be utilized by other users to express their political views or promote their agendas.

While I don't think Merrill actually owns Twitter quite as much as he seems to think he does, there was actually no political view or agenda expressed in my conversation with him that resulted in the block. More importantly, as Douglas notes in response to Merrill's remarks today: "Once someone like Donald Trump or John Merrill begins to use his Twitter account in a governmental capacity, then he can't pick and choose and block someone because he thinks, in his own view, that that person is promoting some sort of political agenda. That's really what the core of the First Amendment is all about, and that's what this court said."

Douglas, a Constitutional law and elections expert in Kentucky, also offers his thoughts on this week's upset victory by political newcomer Amy McGrath over DCCC-recruited Lexington Mayor Jim Gray in the primary contest for the Democratic nomination to challenge Rep. Andy Barr (R) this November in Douglas' own district. His take, particularly on the "conservative" bent of the two Democratic candidates, is somewhat different than the one offered by BlueAmericaPAC's Howie Klein on yesterday's program.

Then, we're joined by Desi Doyen for an incredibly news-chocked and, at times, quite troubling Green News Report. And, finally, to lighten things up just a bit before a long holiday weekend, an actual story about a "ZOMBIE ALERT!" issued in south Florida this past week. No, really!...

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

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Guest: Howie Klein of 'Down With Tyranny', BlueAmericaPAC helps us round up the good, bad, and ugly...
By Brad Friedman on 5/23/2018 5:59pm PT  

On today's BradCast: Primary elections for the crucial 2018 mid-terms were held on Tuesday in Georgia, Kentucky, Arkansas, and Texas (which held their primary runoffs following the first round of voting back in early March.) That, as hopes for a massive "blue wave" this fall could be fading, at least according to some new polling. [Audio link to show follows below.]

The results, as reported as of today, present a mixed bad for progressive Democrats who performed well in key races for Governor in Georgia (Stacey Abrams became the first female nominee in the state from either major party, and would be the nation's first African-American Governor, if she wins in November), and for the U.S. House in an upset win against the national Democrats' preferred candidate in Kentucky (Marine vet Amy McGrath defeated the DCCC-recruited, conservative Blue Dog Democrat Jim Gray, Mayor of Lexington).

The news was less good for progressives, if better for establishment Democratic candidates, in several of the Texas runoffs, where turnout was as low as it's been in nearly a century.

But it was, once again, another good day for female, minority and LGBTQ candidates in several races in all four states. (In Texas, Lupe Valdez, the former Dallas Sheriff became the first openly gay, Latina nominee for Governor, and Gina Ortiz Jones in the 23rd Congressional District, would become the first lesbian, first Iraq War vet and first Filipina-American to represent Texas in the U.S. House if she wins in the fall.)

Longtime progressive champion HOWIE KLEIN, co-founder of BlueAmericaPAC and creator of the "Down with Tyranny!" blog, joins us to help make sense of the good news and bad from a number of Tuesday's closely watched races, and offers a preview for several important contests in California's upcoming June 5th mid-term primaries.

Also today, we detail some of the good and bad news for Republicans, in Kentucky, where a high school math teacher unseated the state's current state House majority leader and particularly in Texas, where the GOP establishment seems to have held off most of the more extreme rightwing candidates in the run-offs, including one proudly racist, Christian homophobe in Dallas...

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

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