Guest: Public Citizen's General Counsel Allison Zieve; Also: Sanders breaks record; Green New Deal wildly popular; The off-the-rails Tucker Carlson interview Fox 'News' didn't want you to hear...
By Brad Friedman on 2/20/2019, 6:46pm PT  

On today's BradCast: Good news for Bernie, good news for the Green New Deal, bad news for Tucker Carlson and Fox "News", and the fight is joined against the "invasion" on the U.S. southern border. (No, not that one.) [Audio link to show follows below.]

First up: When Congress settled on a compromise spending deal last week to keep the federal government open, the agreement included a special carve-out to protect a number of sensitive wildlife and tourism related areas along the Rio Grande River in South Texas, including the threatened National Butterfly Center and the 150-year old La Lomita Mission Chapel. But, as the Director of the 100-acre butterfly and wildlife refuge tells us, she is continuing the Center's lawsuit against the government because she fears Donald Trump's "National Emergency" declaration may now override the protective legislative carve out. "In fact, we expect the equipment already at work near us will just roll right over and through us," Marianna Trevino-Wright said via email after bill was signed and the "emergency" declared by the President, noting that even the current legislative agreement lasts for just six months before negotiations for 2020 appropriations begin. "We have not been spared," Trevino-Wright wrote, "We were given a temporary stay of execution."

Receiving no such "stay" however, are thousands of private residents living along the South Texas border. So, last Friday, the non-profit good government organization Public Citizen filed a federal lawsuit on behalf of three private citizens and the Frontera Audubon Society challenging Trump's "National Emergency" declaration to steal money from the military in order to build his wall with Mexico on the border. The lawsuit [PDF] filed in the U.S. District Court for D.C. describes the scheme as unlawful and unconstitutional.

We're joined today by ALLISON ZIEVE, General Counsel for Public Citizen and Director of their Supreme Court Assistance Project, to discuss the complaint filed on behalf of three Starr County, TX residents whose property and homes on the banks of the Rio Grande --- where they and their families have lived for as many as five generations --- will now be bisected by a giant barrier, cutting them off from the river entirely. In one case, the wall would be built just feet from the landowner's house.

The suit describes the federal government's heavy-handed tactics to condemn and seize private lands from the plaintiffs as an "imminent invasion of privacy and the quiet enjoyment of their land." The case is also filed on behalf of Frontera Audubon, which charges the wall will impede migration of wildlife at the nature preserve and prevent their members from getting to where birds and other sensitive species are threatened along a 250-mile wildlife corridor on the Rio Grande River.

Zieve tells me how Public Citizen's complaint, filed last Friday, differs from the one filed by 16 state Attorneys General on Monday also seeking to block Trump's "emergency" declaration as an unlawful exercise of the National Emergency Act, and how the cases are likely to play out as they work their way, almost certainly, to the U.S. Supreme Court, particularly, she notes, "if any of the plaintiffs win" at the appellate level.

"If there's no emergency, the President can't declare one," Zieve argues, adding: "What it really comes down to is there is no emergency. Everybody knows that. It's not really that [the Administration] thinks there's an emergency. It's that they think the President can do whatever he wants. And that's just not our Constitutional system."

Also on today's show: Bernie Sanders shatters historic U.S. records for funds raised on the first day of his announcement that he's running for President again in 2020. And it wasn't even close. And the elements of the Green New Deal prove to be wildly popular, garnering well over 80 percent support across all political parties, according to a new poll by Business Insider.

Finally, the unaired profane interview between Tucker Carlson of Fox 'News' and historian Rutger Bregman about raising taxes on the wealthy that, apparently, Fox does not want you to hear, since they taped it last week but decided against running it --- so we did.

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

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