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Latest Featured Reports | Thursday, March 28, 2024
BRAD BLOG Spring Breaking
And not a moment too soon...
Sunday 'Roll Out the Barrel' Toons
FEATURING: Rich Con, Poor Con!...Sex-Havers!...March Madness!...More! Have a barrel of fun with our latest collection of the week's best toons!...
It's Up to You, New York: 'BradCast' 3/21/24
Trump staring down barrel of both civil and criminal accountability in NY; Also: Biden forgives another $6B in student loans; U.S. seeks 'sustained ceasefire' in Gaza; Scientists baffled by spike in record global heat...
'Green News Report' 3/21/24
  w/ Brad & Desi
Biden EPA issues biggest climate regulation in U.S. history; Rio hits 144°F heat index!; Exxon CEO blames YOU for climate change; PLUS: U.N. issues climate change 'red alert'!...
Previous GNRs: 3/19/24 - 3/14/24 - Archives...
'It All Comes Down to Brett and Amy': 'BradCast' 3/20/24
Guest: Slate's Mark Joseph Stern on another stunning week of federal judiciary debacles; Also: Primary results from AZ, FL, IL, KS, OH, CA; Biden EPA's 'biggest climate move yet'...
American 'Bloodbath':
'BradCast' 3/19/24
Trump is promising political violence whether he wins or loses; Also: Navarro goes to prison; Scofflaw MI MAGA attorney arrested; SCOTUS allows TX to override federal law, Constitution; Biden's SOTU success...
'Green News Report' 3/19/24
  w/ Brad & Desi
EPA finally bans all uses of asbestos; Biden unveils billions for rebuilding communities broken by highway construction; Extreme heat in Africa; PLUS: MA coastal town follies...
Previous GNRs: 3/14/24 - 3/12/24 - Archives...
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
FL bans heat protections for workers; Methane leaks continue; GOP Project 2025 would ban Paris Agreement; PLUS: CA snowpack is back, but too late for salmon...
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'...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
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Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
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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: Several other indictments today and, yes, still more unprecedented Trump Administration corruption...
By Brad Friedman on 4/11/2019 6:14pm PT  

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

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

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

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

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

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

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

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Media analyst Eric Boehlert; Also: Bad news for WI progressives after last week's Supreme Court election...
By Brad Friedman on 4/10/2019 6:54pm PT  

On today's BradCast, finding light on a very dark news day, and making sense of Devin Nunes' bizarre new legal attack against a well-respected media outlet. [Audio link for today's show is posted below.]

You know the news is dark on a day when the brightest spot seems to be the first-ever photographic evidence of a black hole in a galaxy that is 53 million light-years from Earth, as constructed by an international consortium of scientists from 20 different countries employing an array of observatories around the world to construct a virtual "telescope" the size of the planet itself. The assembled image of the supermassive black hole is the first such glimpse of such an object in space (theorized by Einstein over a century ago, but directly proven today for the first time) containing the same mass as 6.5 billion suns and so dense that nothing, not even light, can escape its gravitational pull.

Sounds a lot like the Trump Administration. But we (mostly) avoid that today, even as we discuss one of its biggest supporters in Congress, California Rep. Devin Nunes, and his increasingly mysterious (and troubling) new legal gambit.

But, before we get there today, an update on last week's razor thin race for a key seat on Wisconsin's Supreme Court. With computer-reported results from last week's election showing progressive-aligned Judge Lisa Neubaeur fell less than half of a percentage point shy of defeating far-right Judge Brian Hagedorn for a seat on the state's high court being vacated by a retiring progressive-leaned Justice, Neubauer decided on Wednesday against seeking a recount which she would have had to pay for under state law. Her concession today --- despite unofficial and unconfirmed computer tallies showing a loss by just about 6,000 votes out of some 1.2 million cast statewide --- means that progressives will be unable to regain a majority on the court until 2023 at the earliest. The new 5 to 2 rightwing majority all but scotches hopes for rolling back former Republican Governor Scott Walker's anti-union measures and GOP voter suppression laws, and could handicap the state's Democrats during the inevitable redistricting fights following the 2020 census. (Have we mentioned lately that elections matter?!)

Also today, more on the incoming and "potentially historic" "bomb cyclone" developing over plains states and the upper Midwest, where blizzard warnings have now been issued in 6 states, snowfall as high as two feet is predicted in some areas, and the threat of more major flooding is plaguing several states still fighting to recover from billions of dollars in damage from the last "bomb cyclone" which erupted just weeks ago. This latest evidence of the increasingly dangerous threat of catastrophic climate change comes on the same day as Donald Trump signed two new Executive Orders intended to make it more difficult for environmental regulations at the state level to prevent the construction of new oil and gas pipelines (which serve to exacerbate man-made global warming.)

Then, we're joined by veteran media analyst and author ERIC BOEHLERT to discuss the latest bizarre lawsuit, which seems to challenge the First Amendment itself, as filed by Nunes this week.

Several weeks ago, the California Congressman and top Trump ally in Congress filed a $250 million lawsuit against Twitter, the owners of two anonymous parody accounts (@DevonCow and @DevonNunesMom), as well as Republican strategist and Nunes/Trump opponent Liz Mair for defamation. This week, the GOP Congressman filed suit against Mair again, along with the 162-year old McClatchy Company, a news consortium which publishes the Fresno Bee, the hometown paper in the Nunes' central California district. His latest complaint seeks $150 million in damages, charging defamation based on an article published by the Bee last year detailing the settlement of a lawsuit after a charity yacht cruise which reportedly included cocaine and underage prostitutes, according to court documents cited by the paper. The cruise was auctioned off by the philanthropic arm of the Alpha Omega Winery, in which Nunes is an investor.

But where his Twitter suit seemed absurd, this new suit --- like the first one, originally reported by Fox "News", of course --- suggests a darker and more nefarious effort to undermine Constitutionally-protected freedom of the press. Who is funding these efforts by Nunes and why? Might it have anything to do with Trump's repeated assertions that libel laws need to change to make it easier for public figures like himself to challenge reporting that celebrities like himself don't care for?

Boehlert offers insight on what may be going on here: "The Republican Party has decided that Google, Twitter and Facebook are the new targets. And they're using the exact same playbook that they used on the traditional media for four decades, which is you work the refs, you scream and yell over these fake phony allegations of 'liberal media bias'. And it works! Facebook has bent over backwards to make sure Republicans are happy. Twitter could have easily banned Donald Trump two years ago and saved this country an enormous amount of pain, because he obviously violates the rules all the time. So it works."

But there may be even more behind all of this, as we discuss, along with his concerns about ongoing corporate media failures in the wake of Trump AG William Barr's handling of the still-secret Mueller Report and other related matters as we head into the 2020 Presidential election cycle.

Finally, we close with some listener mail regarding our ongoing discussions of how Dems should move forward as they attempt to remove both Donald Trump from office next year and the nation itself from the black hole we continue to sink into under his increasingly dark reign...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest-host Angie Coiro with the day's news and a deep dive into ALL the Trump investigations w/ law prof. Hadar Aviram, historian Richard Paul...
By Angie Coiro on 4/5/2019 5:46pm PT  

On today's BradCast, guest hosted by Angie Coiro of In Deep with Angie Coiro.

Why is it Democrats get accused of "flip-flopping" while Donald Trump won't even admit when he changes his mind? First he was going to close the border, now he's not, but – he didn't change his mind. Nope, nuh-uh, not him.

But he also changed his mind about his new choice to head up ICE.

He's not taking the House Democrats' demand for his tax returns sitting down. He's hired a long-friendly law firm to help him out. Listen to the show for the hidden connection to the district courts.

Meanwhile, Elizabeth Warren is vowing to nuke the filibuster option, and Jeff Flake discloses death threats to his family from Trump supporters.

Then, in an In Deep radio excerpt, a long-form dive into all the investigations past and present into the Trump administration. Since it was first recorded the Mueller investigation has been kinda sorta not really released (there's a Barr in the way of our seeing it), and Paul Manafort has been sentenced. But it's still full of gold, courtesy of UC Hastings experts HADAR AVIRAM and JOEL RICHARD PAUL. A worthy listen, if I do say so myself. Enjoy!

Download MP3 or listen 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!




The truth behind the President's latest lies on North Korea, Mueller, the border, the military, healthcare and wind power; NC GOP Chair indicted...
By Brad Friedman on 4/4/2019 6:09pm PT  

Among the many truthful stories covered on today's jam-packed BradCast filled with Trump lies and much more...[Audio link to show is posted below]...

  • How Trump is undermining military readiness and hurricane recovery for Marines and their families with lies about a "national emergency" at the southern border and how the Marine Corps' top General is pushing back;
  • How Trump lied about a new health care plan to replace Obamacare and how Congressional Republicans have forced him to back down;
  • How Trump lied about closing the border with Mexico this week and how economic reality forced him to back down;
  • Then, two North Carolina special elections for the U.S. House are coming up --- the first, in NC-03, to replace the late Republican Rep. Walter Jones (who voted against Trump more than for him), the second, in NC-09, a do-over election from the November 2018 contest which was never certified, thanks to a GOP absentee ballot fraud scheme paid for by the GOP candidate. But before we can get to either of those races, the federal indictment of North Carolina Republican Party Chairman Robin Hayes, a longtime state power-broker and former GOP Congressman, was unsealed this week. The criminal charges against Hayes include counts of fraud, bribery, campaign finance violations and lying to the FBI. And another Republican Congressman from the state and member of House GOP leadership, Rep. Mark Walker (NC-06), is also finding himself entangles in the criminal scandal and named in the indictment as "Public Official A";
  • All of that today is before Desi Doyen joins us for the latest Green News Report, with yet another deadly chemical fire in Houston, yet another court loss for ExxonMobil, yet another way that Trump is making both climate change and immigration even worse, and yet another mendacious Trump lie about wind energy that even a top Republican is calling him out over...Oh, and Burger King's "Impossible" dream...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

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

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

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

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

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

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

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

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

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

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

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

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

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Theresa Cardinal Brown of the Bipartisan Policy Center; Also: More Trump losses in federal court on the environment; Callers!...
By Brad Friedman on 4/1/2019 6:09pm PT  

On today's BradCast: The "national emergency" may be fake, but the crisis on the U.S.-Mexico border is real and getting worse...and new Trump policies are doing the opposite of helping. [Audio link to full show is posted below.]

Last week, Donald Trump threatened to shutdown the border with Mexico entirely. Over the weekend, he announced he was ending aid programs to El Salvador, Guatemala and Honduras (which are not in Mexico, Fox "News"!) because, as he claimed, "they haven't done a thing for us." All of that, as an actual humanitarian crisis --- if not a pretend "National Emergency" --- grips a number of U.S. towns along the Mexico border, thanks to an unprecedented wave of migrant families and children coming, mostly, from Central American countries in strife.

We're joined today by THERESA CARDINAL BROWN, Director of Immigration and Cross-border Policy at the Bipartisan Policy Center to try and make sense of what is and isn't happening at the border right now, how Trump's policies are affecting it, and what Congress needs to do try to ease what she acknowledges is, indeed, a crisis, if not the "emergency" that Trump has declared in order to build his long promised wall.

Brown, a former policy advisor in the Office of the Commissioner of U.S. Customs and Border Protection during both the George W. Bush and Barack Obama Administrations, confirms that the influx of migrants streaming up from Central America is unprecedented and now overwhelming detention facilities and shelters built for previous waves of migrants --- such as the record number which flowed in during 2000, largely comprised of mostly men from Mexico who could be deported more quickly than the families now claiming asylum after crossing the border. (Brown notes that even a wall would not prevent such asylum claims, as it would be build on the U.S. side of the border, allowing asylum seeking immigrants to make their claim even before making it to the other side of the wall, since they are already on U.S. territory by that time.)

Brown suggests Trump's termination of U.S. aid for Central American would serve to make the problem worse, as much of those funds go to non-governmental organizations trying to improve the living conditions in countries under duress from poverty and violence. She also details the economic disaster that would likely accompany the closure of the Mexican border threatened by the President ("this may be a threat aimed at Mexico, but it would also significantly impact the United States"), and explains why "the wall will do absolutely nothing to address this current flow of people." That, she describes, as a problem due to U.S. Customs and Border Protection becoming "overstretched" because they do "not have facilities that are appropriate for anyone --- families or kids --- for the length of time they're having to be held there."

We must "address our asylum system. And that means, back to front, starting with the immigration courts" which are similarly overwhelmed and insufficiently funded, she argues, resulting in cases that stretch for years before asylum is determined one way or another. "Ultimately, what we need to do is deal with what's going on in the sending countries," she tells me. "What are the push factors that are driving migration? You have instability of government, you have people who don't feel that they have personal safety because there's impunity and corruption in their governments. They are threatened with gangs and violence and extreme poverty. What can we do to help in that situation? That's the longer term solution, but it needs to be also worked at the source. So we've got to look at this from multiple places."

Next up today, Trump's multiple losses in federal courts last week on several fronts where he's tried to undermine the Affordable Care Act ("Obamacare") may have been matched by his multiple losses in federal court last week on the environmental front, including a ruling from a federal Judge in Alaska late on Friday who determined that the Administration's reversal of Obama-era protections against off-shore oil drilling in the Arctic and parts of the Atlantic Oceans violate federal law. She has ordered some 128 million previously-protected acres that Trump's Admin has hoped to lease for drilling, once again off-limits to exploration and exploitation. The ruling is at least the fourth setback over the past two weeks for Trump environmental policy, where federal courts have blocked Trump agency rollbacks of nearly two dozen Obama-era conservation policies over the past two years.

Finally, we open up the phone lines to listeners today on much of the above and even a few callers with some thoughts on 2020 and more...

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Also: NYTimes finally discovers they were scammed on 'Mueller Report'...
By Brad Friedman on 3/28/2019 6:42pm PT  

It may not be our most hilarious show of all time, but I think it's a very important one and includes more than a few righteous rants. [Audio link to full show is at end of article.]...

Among the stories covered on today's BradCast...

  • The New York Times finally figures out, almost a week later, that they may have been duped by Trump Attorney General William Barr's 4-page summary of Special Counsel Robert Mueller's long-awaited report, as the incurious "paper of record" confirms the full report from Mueller runs at least 300 pages. Nonetheless, Trump and his cult-member Republicans in Congress are running with the Times' original false and/or misleading assertions published the day after Barr's deceptive summary was released on Sunday. For example, the Times' top-of-page, ALL-CAPS screaming headline "MUELLER FINDS NO TRUMP-RUSSIA CONSPIRACY" and "A Cloud Over Trump's Presidency is Lifted".

    Of course, we still have no idea how many pages are in Mueller's confidential report delivered to Trump appointee Barr last Friday, or what it actually says about the two-year probe into alleged Russian interference in the 2016 election, the Trump Campaign's potential cooperation with them, or Trump's apparent attempts to obstruct the probe. But the summary compiled in less than 48 hours by Barr and then inaccurately reported by many to have somehow "exonerated" Trump, after being written by a man appointed to the job specifically because of his expressed opposition to the Special Counsel, should have been viewed much more skeptically by the Times and many others in the corporate media --- as we've been pointing out since Monday.
  • Among the fall-out from the Times' (and others') terrible and irresponsible coverage on all of this, GOP members of the House Intelligence Committee on Thursday demanded Rep. Adam Schiff (D-CA) step down as Chair and Trump is demanding his resignation from Congress. Schiff, however, is (appropriately) having none of it;
  • Speaking of not-particularly-funny behavior from Congressional Republicans, Majority Leader Mitch McConnell (R-KY) held a sham stunt vote earlier this week on the Green New Deal resolution [PDF] proposed by Sen. Ed Markey (D-MA) in the Senate and Rep. Alexandria Ocasio-Cortez (D-NY) in the House. Their landmark resolution calls for a wartime-like effort to move the U.S. economy from fossil fuels to zero-carbon energy over a decade, while creating millions of jobs in the clean energy sector and supporting those in legacy industries like coal mining to ensure new jobs and protection of their pensions from bankrupt, predator coal companies. During "debate" for McConnell's mock GND vote --- on an issue which would greatly help many coal mining constituents in Kentucky and Utah alike --- Sen. Mike Lee (R-UT) offered an embarrassingly unfunny speech that mocked the resolution, dismissed climate change as a concern, argued the Green New Deal is somehow "part of the problem" and that the real solution to deadly and ever-more costly global warming was "churches" and "babies";
  • Sen. Sheldon Whitehouse (D-RI) was not amused, as his own small coastal state directly faces a very serious threat posed from global-warming fueled rising sea levels which threaten to turn Rhode Island "into an archipelago" in coming years. "As a small state, we don't have a lot to give back to the ocean," Whitehouse rails on the Senate floor. "This is deadly serious for us."
  • But, if you think Whitehouse sounded angry, wait until you hear Ocasio-Cortez' response to the belittling of climate change concerns from Republicans in the House during an epic rant in the U.S. House Financial Services Committee, after Rep Sean Duffy (R-WI) mocked the GND as "an elitist fantasy";
  • Underscoring how NOT funny all of this is, a recent, heart-breaking special report from AP detailed how Trump, McConnell and the coal industry have conspired to allow a small tax on coal to expire, which, since the 1970s, has helped to cover the extraordinary healthcare expenses of miners suffering from deadly Black Lung Disease, as well as support for their widows. A new Black Lung epidemic has been striking younger and younger coal miners in recent years, and Republicans, including Trump, allowed the tax that funds the Black Lung Disability Trust Fund to expire during the Government shutdown at the beginning of the year.

    That, despite promises from McConnell (who represents the coal state of Kentucky) and from Trump (who has used miners endlessly as props during political rallies, while claiming to "love" them) to ensure the crucial Trust Fund doesn't go broke. Instead, both men have broken their promise and appear to be siding instead with the coal industry owners who have donated millions to them, and do not wish to see the life-saving and now-lapsed tax renewed. All of this, of course, on the same week that Trump reversed positions to support killing the Affordable Care Act entirely, while claiming "Republicans will soon be known as the party of health care";
  • Finally, Desi Doyen joins us for our latest Green News Report, which touches on a number of those maddening topics and more...

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Guest: Suzanne Almeida of Common Cause; Also: Lack of campaign finance charges against Don Jr., Manafort threaten 2020 elections...
By Brad Friedman on 3/27/2019 6:02pm PT  

On today's BradCast: Something seemingly very interesting may have occurred at Tuesday's oral arguments on two separate, if related, partisan redistricting cases at the U.S. Supreme Court. The results, believe it or not, could change the outcome from what many voting rights advocates had previously predicted following the resignation of Justice Anthony Kennedy and the subsequent seating of his far-right replacement Justice Brett Kavanaugh. [Audio link to complete show is posted at end of article.]

The scourge of state legislative and Congressional maps drawn for partisan advantage by the party in power after a decennial Census has crippled democracy and the voting power of citizens for decades in the U.S. But the GOP dramatically upped the stakes following the 2010 Census when they employed highly sophisticated computer mapping techniques to ensure themselves huge electoral advantages over the ensuing ten years by drawing extremely partisan maps that "packed" Democrats into a small number of districts or "cracked" them among several in order to dilute the voting power of non-Republicans.

It's a practice that Democrats have carried out as well, if not to the same extreme as Republicans who took over many statehouses in the 2010 "red wave" election. A new analysis from AP finds that 2018's "blue tsunami" election, for example, would have been much larger for Congressional Democrats, were it not for many extremely partisan GOP-drawn maps in a number of key states, including North Carolina, Ohio, Indiana, Wisconsin, Alabama and Texas. The AP study finds "Republicans won about 16 more U.S. House seats" than they would have under fair maps. Similarly, "Republicans' structural advantage might have helped them hold on to as many as seven [state legislative] chambers that otherwise could have flipped to Democrats."

While the U.S. Supreme Court has long found gerrymanders on a racial basis to be unconstitutional, they've yet to affirm the many lower court rulings finding partisan gerrymanders to be similarly unconstitutional. Last term, when many believed SCOTUS was prepared to do so, the Court punted instead on several cases of extreme partisan maps in Wisconsin, North Carolina and elsewhere, before Justice Kennedy --- thought to have been the likely swing-vote in favor of ending the odious practice --- announced his retirement.

On Tuesday, one of those cases, Common Cause v. Rucho --- where a federal appeals court determined (twice!) that North Carolina's Congressional maps were unlawfully skewed for Republicans (they've held a 10 to 3 advantage in their Congressional delegation for the past decade, despite the state being almost evenly divided between Republican and Democratic voters) --- was heard again at SCOTUS. Another case, Benesik v. Lamone, in which a single Congressional district in Maryland was drawn by Democrats specifically to remove an incumbent Republican, was heard as well.

And while many voting rights advocates have not had high hopes for either case, given the even farther-right leaning majority on the court following Kennedy's retirement, there were some surprises during oral argument, particularly from Justice Kavanaugh whose decision in one or both of the cases could change history by delivering a major win for voting rights.

We're joined today to discuss these potentially encouraging developments with SUZANNE ALMEIDA, Redistricting and Representation Counsel for Common Cause, the lead plaintiff in the NC case. She was in the Court on Tuesday for both hearings and explains what seems to have happened, offers insight on what could now occur, decries why these cases are so important, and what may happen when SCOTUS finally delivers it's crucial opinion in June in advance of both the crucial 2020 elections and the subsequent redistricting of all 50 states that will follow the 2020 Census.

"The North Carolina case is a particularly egregious case, for a couple of reasons," Almeida tells me. "One is that we have an admission. On the floor of the General Assembly, Representative Lewis leaned into a microphone and said, 'This is a partisan gerrymander. I wanted to this map to be 10-3 because it couldn't be 11-2.' That's not the way that map-drawing should work, and that's not the way representation should work in America." She also discusses, for example, how one district line drawn by the GOP in North Carolina actually splits an historically African-American college in two, so that its voters are diluted into two separate Republican-leaning districts.

As to the matter concerning Kavanaugh, who was reportedly disturbed by his own district in Maryland, where he lives, being gerrymandered by Democrats to prevent Republican representation, Almeida confirms that he seemed to want to find a standard that could be used by courts to determine if districts were unlawfully gerrymandered on a partisan basis. She says she shares "the characterization that Justice Kavanaugh has a personal interest in the Maryland case ... And he was pushing back quite strongly against the advocate for the state."

Almeida also pushed back at the notion from Justices on the right that Courts should simply stay out of these matters, and leave them to voters and the legislators who drew the maps to keep themselves in power in the first place, she tells me: "This idea that the Court has that somehow this is self-correcting, or will fix itself through the magic of the political process, just doesn't work. And that's because gerrymandering is about power, and people in power staying in power. And when the people in power have that power to make the rules and draw the lines, that's what they're going to keep doing."

She adds that comments from Kavanaugh and even Chief Justice Roberts during the proceedings on Tuesday are "reason to be optimistic". But I'll wait until the opinions come out in June before popping any champagne bottles on what could be, according to Mark Joseph Stern at Slate the "most important voting rights victory of the century so far."

Also on today's program: Speaking of 2020, some curious questions about why nobody from Team Trump --- particularly Donald Trump Jr. or campaign chair Paul Manafort --- has yet been charged with campaign finance violations regarding "soliciting" and/or "accepting" a "thing of value" from a foreign government, as clearly occurred in relation to the now-infamous June 2016 Trump Tower meeting with a number of Russian nationals. Election law expert Rick Hasen argues that the lack of indictments brought by Special Counsel Robert Mueller in this matter does not bode well for the Dept. of Justice's plans to enforce election laws that bar "foreign governments from sharing information --- even information obtained from illegal hacking --- with campaigns, for the purposes of influencing the 2020 election...and beyond"...

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Guest: Heather Digby Parton; Also: Trump border 'emergency' survives override vote; DoJ moves to kill ACA; Senate holds 'sham' vote on GND...
By Brad Friedman on 3/26/2019 6:18pm PT  

On today's BradCast: The coverage by the corporate media --- and response by many Democrats --- to Attorney General William Barr's terse, misleading 4-page summary of Special Counsel Robert Mueller's report after two years has, by and large, been atrocious in innumerable ways. [Audio link to show follows below.]

We're joined today by HEATHER DIGBY PARTON, who has been covering the corrupt Trump Presidency for years now, including its various Russia-related storylines and other criminal probes at Salon and Digby's Hullabaloo. Among our several related topics of discussion today: Shameful failures by the media and others to demand independently verifiable evidence of speculative allegations both before the confidential Mueller Report was finally delivered to Barr and the subsequent failure by many of the same organizations and individuals in their credulous reporting of Barr's bare-bones, "very, very clever political document" summarizing the sprawling, two-year probe.

Rather than learning from mistakes, many in the media seem to be repeating them all over again in the wake of Barr's memo, which some justifiably regard as a "whitewash" or "cover-up" by a man who was selected by Trump, in no small part, for his previously stated opposition to the probe and to the very notion that any President can legally be charged with Obstruction of Justice. There's much more related conversation here today --- including on the substance of Barr's letter, Deputy AG Rod Rosenstein's curious complicity, and the GOP's premature victory laps --- but you'll have to tune in to listen.

Also on today's program: Though Democrats led a decisive 248 to 181 vote today (with 14 Republicans) in hopes of overriding Trump's veto of the resolution blocking his phony "national emergency" declaration, the effort fell 38 votes shy of the two-thirds majority needed. In the Senate, where 12 Republicans previously voted with Democrats, 59 to 41, to block the President previously, no override vote will now be held since a two-thirds majority vote is required in both chambers. AP described Trump's overwhelming loss in both chambers as a "victory" for the President today, and it will now be left to challenges in court to block Trump's order diverting billions appropriated by Congress to the military to instead build his border wall. Mexico is still not paying for it.

Then, in a major reversal of their previous legal position, Trump's Dept. of Justice filed documents in an appeals court Monday to support striking down the entire Affordable Care Act ("Obamacare") as unconstitutional. While Jeff Sessions served as Attorney General, DoJ had "only" supported gutting provisions that limited premium prices insurers could charge for the elderly and those with pre-existing conditions. Under Barr, however, the Administration now seeks to kill the entire landmark healthcare law. If successful, as many as 30 million Americans would lose their access to affordable healthcare coverage;

Finally, Desi Doyen joins us for our latest very busy Green News Report, as fossil fuel-related climate related disasters continue in the U.S. and around the world, while the Trump Administration plows billions of tax-payer dollars into troubled nuclear plants and the Senate GOP carries out a "sham" vote on the Green New Deal, in hopes of mocking the initiative...

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But Trump and the White House couldn't be happier to lie about how his conflicted Attorney General helped get him off the hook (for now)...
By Brad Friedman on 3/25/2019 6:12pm PT  

So what did you think we'd be talking about on today's BradCast? [Audio link to full program is posted below.]

On Sunday, Donald Trump's new Attorney General William Barr issued a four-page letter [PDF] summarizing the long-awaited, nearly two-year Special Counsel investigation by Robert Mueller into Russia's alleged interference in the 2016 Presidential election, Team Trump's cooperation in that effort, and Donald Trump's attempts to obstruct the probe. Mueller's effort resulted in some 35 indictments, including more than 20 Russian individuals and entities, as well as indictments, convictions or guilty pleas from six top Trump associates and staffers. It has also spawned a number of other probes and indictments, including what Barr describes as "several matters" referred "to other offices for further action."

Nonetheless, based on Barr's summary report, issued less than 48 hours after receiving what is likely to have been tens of thousands of pages from the Special Counsel, the White House, the President and his fellow GOPers are falsely characterizing the terse summary as reflecting Mueller's "complete and total vindication" of Trump. That, despite Mueller's express and specific finding (according to one of the very few passages directly quoted by Barr) that the Special Counsel's report "does not exonerate" Trump of obstruction of justice crimes. That did not prevent the White House from falsely describing Mueller's findings as "a total and complete exoneration of the President of the United States." That is the opposite of what little we know the report to have found.

If fact, while Barr claims Mueller's "investigation did not establish that members of the Trump Campaign conspired or coordinated with the Russian government in its election interference activities" (the matter which media, Democrats and Trump alike have long described as "collusion"), Mueller left the decision on whether to prosecute Trump on obstruction up to the Attorney General, according to Barr, for reasons that still remain unknown and will likely stay unknown until and if Mueller's report is actually publicly released. Congressional Democrats are justifiably demanding as much.

While we've shared no small measure of healthy skepticism over the years about what Russia did or didn't do during the 2016 election, along with what Team Trump's involvement with it may or may not have been, there is no legitimate question about Trump's attempt to obstruct Mueller's investigation of it, beyond whether or not the obstruction rose to something that was prosecutable or impeachable and whether a sitting President can be indicted under the DoJ's dubious guidelines which say he or she may not.

Of course, just about everyone seems to have an opinion about Barr's report on Mueller's report. But it should be made clear that everything we currently know is based only on Barr's own summary, compiled in less than 48 hours. It should also be made clear that Barr is wildly conflicted in this matter, as he "auditioned" for the job as Trump's new AG by sending an unsolicited 19-page memo [PDF] to DoJ last year explaining why he believed Mueller's probe was "fatally misconceived" and that, essentially, a President cannot be held criminally accountable for any "exercise of core discretionary powers within the executive branch." (That would include, for example, Trump's firing of FBI Director James Comey due to "the Russia thing," as he admitted out loud.)

That Barr and similarly-conflicted Deputy AG Rod Rosenstein were left to determine Trump's fate on this point --- and did so in less than 48 hours after a two year investigation --- is anything but what any American should consider to be "justice". But, as Mark Joseph Stern argues today at Slate, "William Barr Did What Donald Trump Hired Him to Do".

Today, we focus on the very few FACTS revealed by Barr's memo and open up our phone lines for listeners to offer a bunch of interesting takes on the events of the past 24 hours...and, as you might have guessed...even of the past three years...

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Guest: NatSec, cybersecurity and voting system journalist Kim Zetter; AND BREAKING: MUELLER GIVES REPORT TO ATTORNEY GENERAL...
By Brad Friedman on 3/22/2019 6:54pm PT  

Today's BradCast kicks of with the breaking news of the announcement, just minutes before air, that Special Counsel Robert Mueller has finally wrapped up his two year investigation into alleged Russian interference in the 2016 Presidential election, cooperation in the effort by Team Trump and any obstruction of that probe by the President of the United States. Though that may be the least troubling news on today's show. [Audio link to complete shows is posted below article.]

Mueller's confidential report has now been delivered to Attorney General William Barr, as per statute, and Trump's new AG promptly notified Congress [PDF] to say he plans to release a summary of the report as soon as possible, potentially as early as this weekend. We share what we know (and don't) from that freshly breaking news at the top of today's program. Then it's back to, at least some of, our previously scheduled program...

On the day that Jimmy Carter officially becomes the longest living President in U.S. history, we're reminded of a warning he issued while serving as co-Chair, with Bush Family consigliere James Baker, of the so-called "Commission on National Election Reform" formed by a group of Republican operatives after the highly disputed 2004 Presidential election in Ohio. The Blue Ribbon panel was, ostensibly, formed to make recommendations on how to improve elections after the second disastrous Presidential election in a row, following the 2000 debacle in Florida. But while the Republicans who created the private commission had hoped for a recommendation for photo ID voting restrictions at the polling place, the one we've cited most often over the years is the Commission's unambiguous finding that the greatest threat posed to elections comes from insiders, such as election officials and private voting system vendors. "There is no reason to trust insiders in the election industry any more than in other industries," the Carter/Baker panel warned in their final report.

That warning is particularly trenchant today, with, as we recently reported, the Democratic National Committee now calling for some form of remote or online voting during their 2020 Presidential nominating caucuses next year and what has just happened with the online voting system that Switzerland has used for some time in parts of the country.

The Swiss had planned to roll out their system nationally this year, but as longtime cybersecurity and voting system journalist KIM ZETTER of MotherBoard and the New York Times reports, things did not go as well as planned.

Zetter joins us to discuss the alarming story of what happened when Switzerland, last month, opened up a month-long public hack challenge for the system which, they previously boasted, had easily passed many regular internal security checks and even several they had contracted from KPMG, an international auditing giant.

But, as Zetter recently detailed at MotherBoard, the Swiss system, designed by Barcelona-based Scytl --- "a leader in developing various internet and other voting solutions for national or regional elections in 42 countries, including at least 1,400 counties in the US" --- was almost immediately found by independent researchers to feature "a critical flaw in the code that would allow someone to alter votes without detection ... in a part of the system that is supposed to verify that all of the ballots and votes counted in an election are the same ones that voters cast." That flaw, Zetter details, "could allow someone to swap out all of the legitimate ballots and replace them with fraudulent ones, all without detection."

As she tells me today, the failure is even more troubling than that, as it allows for a single insider to exploit a "back door in the cryptography scheme, that would allow someone to alter votes but make it look like the votes haven't been altered at all." In other words, "the system is supposed to have a check in it that's designed to ensure that the ballots that go into that encryption process and come out of that de-cryption process are the exact same ballots. But there's a flaw in that proof that verifies that those ballots are the same. Therefore, that would allow someone to swap out the votes and ballots while the proof still seemed to show that the ballots were the same."

Swiss Post, which runs the system, and Scytl who sells it, claim the exploit could "only" be carried out by an insider, so why worry?

So how are those plans coming for remote voting in the DNC's 2020 Presidential caucuses next year? And how can it be that we keep attempting these same unworkable electronic and online voting schemes from private vendors and election officials who swear by the "certified" security of their systems, only to find they are anything but secure once independent experts are allowed to test them in any way?

"We should have a voting system where we're not required to trust anyone --- we're not required to trust election officials, we're not required to trust the vendors, we're not required to trust the voting machine itself," Zetter, who has been covering electronic voting and tabulation systems on her national cybersecurity beat for more than a decade, tells me. "We should have a system that can be audited independently of all of those parties in order to verify the election results. That's really in the best interests of everyone." What such a system should be, of course, is another matter, which we also discuss, and even debate a bit, on today's important program...

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Also: Beto jumps in to 2020; Still more evidence that WI's Photo ID voting restrictions were meant only to prevent Democrats from voting...
By Brad Friedman on 3/14/2019 6:39pm PT  

They were just baby steps. Though perhaps notable ones. Time will tell. But Thursday may prove to be a landmark in a potential and greatly-overdue claw back of Congressional powers ceded long ago --- long before Trump --- to the Executive branch. Whether the actions taken by Congress (including no small number of Republicans) on three separate issues today signal a sea change in the way Congress regards its own Constitutionally co-equal mandates and powers remains to be seen. But their rebukes of President Trump were surprisingly clear. Three different Congressional votes on three different matters covered on today's BradCast underscore this issue. [Audio link to show follows below.]

1) On Wednesday night, the GOP-controlled Senate voted once again in support of a resolution to end financial and military support to the U.S.-enabled, Saudi-led war on Yemen that has resulted in an unparalleled humanitarian crisis. The effort amounts to the first Congressional rebuke of a President under the War Powers Resolution since its adoption in 1973. But the invocation of a resolution under the legislation which cedes Congress' sole Constitutional power to declare war may not be enough to prevent the Trump Administration's promised veto and continued support of war-making with the murderous Saudi regime and its Crown Prince Mohammad bin Salman.

2) On Thursday morning, the Democratic led U.S. House voted unanimously(!), 420 to 0, on a resolution to demand the public release of the final report by Special Counsel Robert Mueller, whenever that may happen, after it's delivered to Attorney General William Barr. The statute guiding the duties of the Special Counsel was adopted by Congress in 1999, but mandates only that the Special Counsel deliver a "confidential" report to the AG. Congress failed to specify whether that report must ever be released to the full Congress, much less the public.

3) After recent passage in the Democratically controlled House, the U.S. Senate on Thursday voted 59-41 --- including all Democrats and 12 Republicans --- to reject Trump's "National Emergency" declaration to steal money appropriated by Congress to the military in order to build his southern border wall. It's the first time since the National Emergencies Act of 1973 that Congress has exercised its option to try and block such a declaration. The effort comes after a week of intense lobbying of Senate Republicans by the White House to block the resolution, and by Senate Republicans to convince Trump to accept a compromise alternative or face an embarrassing rejection from his own party. Nonetheless, Trump has vowed to veto the resolution and there are not currently the two-thirds of members in each chamber to override Trump's veto. The matter will most likely be settled in court and, as we argue today, very likely in favor of the President, given the way the Act was written (also ceding more Congressional powers to the Executive Branch.)

If the nation is lucky, however, today could mark a turning point after decades of Congress giving away its powers. But our nation hasn't been very lucky of late.

Also on today's news-packed program...

  • Beto O'Rourke jumps into the 2020 Democratic Presidential free-for-all. We discuss.
  • And, in Wisconsin, still more (shameful) evidence that Republican Photo ID voting restrictions were adopted as little more than a (successful) scam to suppress the Democratic-leaning vote in the Badger State. A new report from all of Wisconsin's county election clerks finds just 24 cases of potential voter fraud out of some 2.7 million votes cast over the past year. ZERO of those cases, according to the Wisconsin Elections Commission, would have been prevented by the state's Photo ID voting restrictions. On the other hand, as we learned back in 2017, some 23,000 legal voters in just two WI counties alone were deterred from voting by the suppressive law in 2016. That was the year that Donald Trump reportedly won the state by 22,748 votes.
  • Finally today, Desi Doyen joins us with the latest Green News Report on the Trump Administration's wasted billions in taxpayer dollars in rolling back climate policy regulations and how school strikes by kids around the globe and the recent introduction of the Green New Deal is now forcing fossil fuel industry executives to rethink their loathsome, planet-killing business strategies...

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Guest: Former U.S. House General Counsel Stanley M. Brand; Also: NC-9 GOP election fraud follow-up; Trump pal, Patriots owner in prostitution, human-trafficking sting; The President's musical 'Border Lies'...
By Brad Friedman on 2/22/2019 7:14pm PT  

On today's BradCast: Some maddening facts about what awaits when Robert Mueller's Special Counsel report is handed over to the Attorney General and what will and won't likely be in it. [Audio link to show follows below.]

But, first up today...in "lighter" news...some followup to our detailed coverage yesterday of the remarkable events leading up to the unanimous 5 to 0 vote by the North Carolina State Board of Elections for a new election in the state's 9th Congressional U.S. House District. The action was in response to what the board described as a "coordinated, unlawful, substantially resourced absentee ballot fraud scheme" in last November's election by the campaign of Trump-endorsed Baptist minister Mark Harris. The decision followed on stunning surprise testimony against Harris by his own son at the Board's public hearings on the matter this week.

Among our follow-up coverage today: the (not-at-all-shocking if wildly-hypocritical silence from GOP "voter fraud" fraudsters who've made their living for years lying about phony fraud to encourage laws that suppress the Democratic-leaning vote, while hoaxing Fox "News" brain-addled clowns like Donald Trump into believing there's an epidemic of Democratic voter fraud, rather than the insider election fraud which can easily flip the results of an entire election --- as seen in North Carolina. It was also nice to hear the NC Democratic Chairman finally explain the difference between "voter fraud" and "election fraud" to NPR's Steve Inskeep on today's Morning Edition. We'll see if NPR can remember that difference in the future.

And, speaking of GOP hypocrisy, long-time Trump-supporting billionaire and New England Patriots owner Robert Kraft was charged today by Florida police for two instances of soliciting prostitution, as he was caught amidst a probe into human sex trafficking. Ironically enough, human trafficking has long been disingenuously used by Trump to support his "National Emergency" declaration to steal money from the military for use in building his border wall with Mexico. The news of the warrant for Kraft's arrest today raises a panoply of interesting issues which Desi and I take a few minutes to discuss.

Then, with several media outlets reporting this week that a report from Special Counsel Robert Mueller may be coming as soon as next week (and, at least one outlet today reporting that's not so), the question of what happens whenever that report is finally delivered to the Attorney General is coming to the forefront.

My guest today, Professor STANLEY M. BRAND, Distinguished Fellow in Law and Government at Penn State University, recently argued in a column at The Conversation that those hoping the public may see this report after it's turned over, by statute, to Trump's newly-minted AG William Barr may be in for some disappointment. Brand, who formerly served for eight years as General Counsel to the U.S. House, now teaches a course on the Independent Counsel at Penn State, explains how it differs from the Special Counsel statute that replaced it after the Clinton era. He suggests the public may never see any of Mueller's "confidential" report.

More frustratingly, he tells me why he believes that Mueller is unlikely to indict the President or recommend such an indictment and how the by-the-book prosecutor is similarly unlikely to recommend impeachment in his report. Unlike the old Independent Counsel statute in effect under Nixon and Clinton, the new statute, he explains, as written by a Democrat, is limited to criminal matters only (not legislative matters such as impeachment) and requires Mueller largely to issue a "confidential" report with little more than details on who was prosecuted and who was not, and what, if any, actions were blocked by the Attorney General overseeing the probe. What Barr then does with that report, he explains, is a separate matter.

Brand, who says he has worked with both Mueller and Barr in the past, says "you may see portions of it, or you may see selected excerpts, or representations of what it contains, if Bill Barr --- and I take him at his word --- wants to be as transparent as he can within the rules and regulations."

In somewhat more comforting comments, he also contends, in response to my query about the curious timing of Barr being seated just days before news (accurate or not) of the report's imminent release: "I have no notion why it's wrapping up --- if it is --- at this particular point, but I have confidence that, if it is wrapping up, it's because Mueller has decided he's finished." He adds, "Nobody is going to push Bob Mueller around. So if there's a conclusion to this, it's because Mueller has determined in his judgment that it's time and he has no further actions to bring."

Brand also offers his insight on whether Mueller would testify to Congress, if subpoenaed, about what was in the report if it's not released to the public or even to Congress. The central frustration at the core of this conversation, at least for me, is that Brand essentially argues that Mueller can't indict Trump (thanks to very debatable, if long-held DoJ "guidelines") and wouldn't cite evidence of impeachable offensives in his report, since that is not part of the new statute's mandate, as written in the wake of "excesses" under the old statute.

"Leon Jaworski, who was the Independent Counsel in the Nixon case, decided that he had sufficient evidence to indict but determined it was not something he should do, given the ongoing investigation into impeachment by the House of Representatives," Brand explains. "Ken Starr, for his part, determined that he could indict a sitting President but determined as a matter of discretion not to do that, because the statute provided a specific mechanism for referring that type of evidence to the House for impeachment, which he did, and which resulted in an impeachment proceeding of President Clinton."

But now, If Mueller can't indict or recommend impeachment, how is this current process supposed to bring accountability for a scofflaw President? There is a lot more to dig into in our discussion, as maddening as it may be at times. It does, however, raise the clear need for a long-overdue Congressional Hearing in the U.S. House Judiciary Committee into whether a sitting President can, under the Constitution, be criminally indicted (a hearing that would, on its own, likely bring some accountability for our current Executive). It also raises the question of why the hell Democrats are waiting for the Mueller Report to be issued before taking action to bring accountability through impeachment, especially since even they may never see this report! If not this President, then what President would ever merit impeachment proceedings in Congress?!

Finally, Speaker Nancy Pelosi has announced that a vote will be held in the U.S. House on Tuesday to block Trump's "National Emergency" declaration under the National Emergency Act. It'll likely pass in the Democratic-controlled House, but what are its chances in the GOP Senate, which much also hold a vote within 18 days of a resolution being adopted by the House? And, will EITHER chamber be able to overcome an almost-certain veto by the President?

That all remains to be seen, but satirist Randy Rainbow has a few musical thoughts on Trump's "Border Lies" to play out us out today at the end of another impossible week...

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Trump's own Commission shuts coal plants in KY, TN; Barr confirmed; Funding bill approved, fake 'National Emergency' to come; Freshmen light up Committee hearings; GOP Green New Deal freak-out...
By Brad Friedman on 2/14/2019 6:53pm PT  

On today's BradCast: Seriously, coal miners should have voted for Hillary, as we learn once again today. But those who voted for progressives in Congress are getting their money's worth already! [Audio link to show is posted below.]

Leading off today's rather lively show: The federal utility board known as the Tennessee Valley Authority (TVA), now dominated by Donald Trump appointees, voted today to shut down the last remaining coal-fired power plant in Muhlenberg County, Kentucky, once the heart of "Coal Country" as the nation's top producer. The move is expected to save some $320 million dollars for 10 million rate-payers in the region, not to mention the resulting cleaner air and water and lower medical expenses in the bargain.

The decisive 6 to 1 vote (which includes 4 Trump appointees) to close the dirty, inefficient decades-old plant comes despite pleas to the board from Kentucky Sen. Mitch McConnell, Trump himself and one of his top donors (Robert Murray of Murray Energy) who owns the nearby mine that supplies the plant. The TVA also voted to close another coal plant in Tennessee.

Several hundred of jobs will be lost in the bargain, which gives us the opportunity to remind listeners of Hillary Clinton's 2016 plan to invest $30 billion for support and retraining of miners and others effected by coal's inevitable end. It was while describing that plan when Clinton correctly, if infamously, noted that "we're gonna put a lot of coal miners and coal companies out of business". The phrase was then opportunistically taken out of context by Fox 'News', Republicans and Trump himself to endlessly blast her during the campaign, even though she had been explaining the need to help those effected Coal Country miners and families to survive. Those miners, most of whom fell for the dishonest Rightwing smears and voted for Trump, will soon be out of work without the help Clinton had tried to offer them.

In other news: The U.S. Senate confirmed William Barr, largely along party lines, as the next U.S. Attorney General at a crucial moment in the Robert Mueller Special Counsel probe.

The Senate also voted to approve a $330 billion compromise bill to fund the Government, including $23 billion for border security, but just $1.4 billion for Trump's border wall, less than he would have gotten had he accepted the deal offered last December. Instead, he shut down the federal government for a record 35 days. The House just approved it as well, though a small group of progressive freshman Congresswomen vowed to vote against the measure due to its increased funding for U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE).

The spending bill is expected to pass the House nonetheless and, Ann Coulter's ALL-CAPS Twitter threat notwithstanding, McConnell has said that Trump intends to both sign it and then declare a "National Emergency" in order to steal tax-payer funds from elsewhere to fund his border wall. That move, if it happens, will be vigorously challenged in court and is even opposed by many Republicans.

Also today, a few quick words about Daily Beast's report that DHS is allowing two teams created in 2016 to help protect elections from foreign influence wither away in advance of the 2020 President election, in favor of moving resources toward border and immigration efforts. (More on that matter, hopefully, at a later date.);

Then, we share a couple of killer Q&A's from recent Congressional hearings by two of the aforementioned freshman Congresswomen. The first is a colloquy in the House Foreign Affairs Committee between Rep. Ilhan Omar (D-MN) and disgraced diplomatic operative Elliot Abrams, who has been pulled out of mothballs to serve as Trump's Special Venezuela Envoy. That, despite his having pleaded guilty to withholding documents from Congress during the 1980's Iran-Contra Scandal probe and his subsequent pardoned by then President George H.W. Bush. Omar calls him out on that, noting that she "fail[ed] to understand why members of this committee of the American people should find any testimony that you give today to be truthful", and asking if he stood by his 1982 Senate testimony dismissing a massacre by U.S. backed troops in El Salvador.

Then, in another brilliant round of questioning, this time from Rep. Alexandria Ocasio-Cortez (D-NY) in the House Oversight Committee, the shameful lack of campaign finance laws and ethics rules for members of Congress accepting funding from corporate interests is laid bare. We share both rounds of Committee questioning in full today.

Finally today, Desi Doyen joins us for our latest Green News Report on the hilariously panicked Fox "News"/GOP freak-out and lie-fest regarding AOC's Green New Deal proposal (in which, among other things, they charge that the legislation would result in banning cars, cows, ice cream and cheeseburgers), some very bad news about insects, and some very good news about the City of Los Angeles, which has already dumped coal-fired power plants, and is now moving to get rid of natural gas-powered electricity in favor of 100% renewable power....

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Climate/energy reporter David Roberts of Vox; Also: Witless Whitaker's remarkable House Judiciary testimony...
By Brad Friedman on 2/8/2019 6:32pm PT  

On today's BradCast, thanks in no small part to a new progressive class of Congress members, general calls for a "Green News Deal" are finally beginning to take some shape, as an official proposal was introduced in Congress on Thursday. [Audio link to today's show is posted below.]

But, first up today, some of the remarkable testimony this afternoon from the nation's wildly unqualified top law enforcement official. Acting Attorney General Matthew Whitaker answered and/or evaded questions in the U.S. House Judiciary Committee on Friday, as the new Democratic majority sought to learn whether he discussed Special Counsel Robert Mueller's probe with the President before or after being appointed to temporarily replace former AG Jeff Sessions, and whether he has interfered in any way with the investigation he currently oversees as Acting AG. Whitaker's remarkably evasive and, at times, arrogantly obnoxious testimony included remarks that lit up the hearing room with laughter as he attempted to inform the Committee's Chairman, Rep. Jerrold Nadler (D-NY), that his five minutes of questioning had expired!

Then, we're joined by one of the nation's smartest climate and energy journalists, DAVID ROBERTS of Vox.com, to discuss Thursday's unveiling of a non-binding Green New Deal resolution [PDF] in Congress, as introduced by progressive freshman Rep. Alexandria Ocasio-Cortez (D-NY) and veteran Senator Ed Markey (D-MA), along with a host of Democratic co-sponsors.

Roberts breaks down the broad proposal for a "10-year national mobilization" to grow thousands, if not millions of jobs by transitioning the nation toward 100% "clean, renewable and zero-emission energy sources". (That language, he notes, allows the debate between climate hawks on the left over nuclear energy to put off for a while.)

The measure --- modeled in scope after FDR's New Deal, LBJ's Great Society and even JFK's successful effort to send a man to the moon and back in less than a decade --- also includes a number of aspirational goals to help ensure "frontline and vulnerable communities" who face the worst impacts of climate change are also among the first beneficiaries of a national effort to tackle our increasingly dire global climate crisis.

Roberts details what the resolution --- the first to begin defining what a Green New Deal should actually look like --- calls for now and puts off until later (for example, how it will be paid for); how it places its focus on solving the problem while growing the economy, rather than on specific "markets and technologies" at the center of previous efforts to combat global warming; and how the introduction of the landmark resolution itself serves to force the issue to the top of matters to be litigated during the 2020 campaign. Already at least 6 current or potential Democratic Presidential candidates (Booker, Gillibrand, Harris, Warren, Sanders and Klobuchar) have indicated their support for the proposal.

"If you can solve the greatest challenge that's ever faced the species with a program that creates prosperity and creates jobs, and puts people to work, and gets the US back toward good-paying jobs, union-protected jobs, and does the same sort of middle-class creation that the original New Deal did, why wouldn't you do those together? Why wouldn't you do it all at once?," Roberts observes.

Rather than focus on schemes that might somehow bring so-called "conservatives" on board --- a tactic which has utterly failed in the past --- this new effort, he explains, appeals to voters to put pressure on their elected officials to support programs that a majority of Americans are behind.

"Dems, up until really recently, would have said, yes, you have to have some bipartisan support, there's no other way to get stuff passed," Roberts explains. But, he says, Trump has "stripped away all remaining pretense and made very clear [that] there just is no bipartisan cooperation to be had. It's getting farther away. Environmentalists have been begging, watering down policies, watering down their rhetoric, tiptoeing around, echoing this fiscal responsibility BS that they hear on the Washington Post editorial page, trying so hard to lure a few conservatives over. And it just isn't happening."

"So, the other take is, stop watering down your policies. Be up front and clear about the scale and severity of the problem, and the scale of the solutions, and offer a solution that engages people and that people can play a role in --- get a job from, make money from, be excited about --- then you give it political momentum. So instead of persuading Republicans into going on, you frighten them into coming along. You show that this is a giant political snowball that's rolling downhill, gathering weight, gathering momentum, and if you get in the way and push the other way, you'll get crushed. That's how you persuade a politician. Not through the sweet light of reason. It's fear. A movement that is strong enough that you will be scared to buck it."

Of course, this is about both policy and politics. So, we also discuss the amusing, over-the-top freak-out now on display from the Right, with Fox "News" and other fossil-fuel industry propagandists and apologists falling over themselves to both slam and completely misrepresent what is otherwise a series of very popular, populist, progressive and long-overdue ideas to help lift the economy, wages, the middle class and, yes, help save the world in the bargain.

"The full-on, 100% ranting, 'It's socialism!', red-faced BS --- that response is automatic to anything. So what Dems should take from this is not 'Oh no! There's going to be rightwing backlash!' Of course there is! There's rightwing backlash to literally anything you try. And it's always maximal. It's always pegged in the red. So why not, given that, be as ambitious as you want to be? You're going to get the same reaction no matter what you do, so just go for it."

There is, of course, lots more where that came from on today's program. Enjoy!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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