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BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
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VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
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'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
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GOP Voter Registration Fraud Scandal 2012...
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The Secret Koch Brothers Tapes...
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After a few quick words about the "Goldilocks" final jobs report to be released by the federal government before Tuesday's critical midterms on today's BradCast, we get right to what might be regarded as a closing argument for progressives. Of course, we're unlikely to change the minds of many brain-poisoned MAGA rightwingers at this late date, but there may still be some on the left who are reachable and could use some encouragement. [Audio link to full show is posted below this summary.]
Last week, The BRAD BLOG's legal contributor, Ernie Canning, who served as a Senior Advisor to Vets for Bernie during his 2016 campaign, published his latest article. It's titled "To Save American Democracy: A long time Bernie Sanders supporter on why we must vote 'blue' in '22". Please give it a read if you haven't.
Ernie updated his post the next day to note that former Green Party Presidential candidate Ralph Nader had also endorsed voting for Democrats this year on Democracy Now!, describing the GOP as a "dictatorship party" and "the most dangerous political movement since the Civil War."
As readers and listeners know, I too have broken from my nearly 20 years of remaining non-partisan when covering major elections, to specifically call on folks to vote this year for Democrats. As I have explained, that is not because I believe the Democratic Party is wonderful, but because I am really really concerned right now about the survival of American democracy itself. For reasons that I've detailed on both The BRAD BLOG and The BradCast for months (if not longer), the issue of its survival is quite literally on the line in the 2022 elections ahead of the 2024 Presidential election.
All of that, even as I've heard from too many folks on the so-called progressive left who still don't seem to fully appreciate what is at stake and believe that we still enjoy the luxury this year of voting for a third party or sitting out entirely. We don't.
Over the weekend, my guest today, ALAN MINSKY, a lifelong activist and Bernie Sanders supporter himself who now serves as the Executive Director of Progressive Democrats of America, published an article headlined "No Person of Conscience Can Sit Out this Midterm Election", wherein he makes the progressive case for voting for the Democratic Party this year. "Democracy and the very principle of a Society of Equals are on the ballot," the sub-title of his piece reads, adding, "and, yes, it's about the Economy too."
From the need to codify the rights and freedoms of Roe v. Wade, stolen by our corrupt Supreme Court, into federal law, to passage of the John Lewis Voting Rights Act and the Freedom to Vote Act and much more, Minsky makes the case that "The 2022 midterm election represents a unique and historic opportunity to protect our democracy and our right to equality before the law against an unrelenting offensive being waged by the reactionary right." That, amid a rising authoritarian movement here and around the world and "widespread Republican support for Trump's Big Lie and the embrace of Authoritarian despots like Hungary's Victor Orban by Republican elites."
Though we haven't spoken on air (or at all actually!) for a number of years, Alan is an old friend after his years of formerly serving as Program Director at Pacifica Radio's KPFK, our flagship station here in Los Angeles. Alan has always been passionately progressive and likely even farther to the left than me, so I took careful notice when I came across his new piece at the liberal Common Dreams website.
We discuss all of the above and the concerns we both share about those on the progressive left who have either been misled or simply have yet to grasp the historic nature of this moment and the need to push back against rising authoritarianism, even if it means voting for a decidedly imperfect Democratic Party right now.
"If American democracy is toppled, this whole era we've lived through, understanding that we are citizens of a democratic society, the notion of a society of equals will be in such peril," he tells me today. "The reactionary right, coming off of January 6, coming off of Donald Trump's refusal to accept the election, they are emboldened to take down American democracy in their efforts to create a permanent ruling party."
"Bernie Sanders himself is barnstorming around the country to lift up Democratic candidates," Minsky observes, "to make the economic justice components of American society real for the average person." He urges that "we can't just cede this territory. Not just to a very dangerous rightwing, but even to the neo-liberal centrist Democrats."
"What I would encourage people to do is to recognize by voting and preserving the democratic process and improving it, you are maintaining capacity for a real progressive movement to be vibrant in the United States," Minsky argues. "This midterm election opens a space --- that I really want to encourage everyone listening who is a progressive --- we can win this in the Democratic Party."
"We can change this country for the better. But we have to preserve our democracy to leave that opportunity open. And that's why this election cycle is so important."
"If young people get out and vote at the level they did in 2018, let alone 2020, Democrats will win this election," he notes. "But that doesn't look to be where it is. I think that does have a lot to do with the perception that the Democratic Party is not a welcoming institution. But again, for those folks, you have allies on the inside of the party. We will fight this fight together, we will win this together. But right now it is essential that people DO vote in this election to preserve the democratic process that will be the instrument to allow us to win those victories in the near future. So, if we can preserve democracy, there's a bright future ahead."
"We have to preserve democracy now and strengthen it," Minsky concludes near the end of our broad conversation on a whole bunch of related topics. "We can do that with a victory in this election. So I encourage everybody, yes, to vote Democratic on Tuesday, or before Tuesday if you're in a state you can do that, and let's win this thing."
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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Today on The BradCast, we continue our focus on next Tuesday's critical midterm elections by picking things up, somewhat, from our conversation on yesterday's program. [Audio link to full show is posted below.]
We were joined yesterday by longtime election and voting system expert Eddie Perez to discuss, among other things, what he has been writing about as the "manufactured chaos" that Republicans are creating to wreak havoc in the 2022 elections.
Today, we dive into broader details of that organized, manufactured chaos program that is emerging as a national strategy by the GOP to create enough havoc around the country to allow them a patina of "evidence" with which to challenge results of election outcomes they don't like.
A number of seemingly disparate efforts are actually now emerging as of a piece with a national strategy that you (and the Democrats and the media) need to know about before it all comes crashing down at once amid chaotic smoke and mirrors on Election Day and thereafter.
This is clearly an effort that echoes the less coordinated post-election chaos of 2020. Many of the same players are involved, including corrupt Trump attorneys John Eastman and Cleta Mitchell, as well as his convicted former aide Steve Bannon, the laughable billionaire pillow guy Mike Lindell, not to mention those in the far-right political media set to help execute the strategy as if it is legitimate, from Tucker Carlson on down.
The hope, as Josh Kovensky outlines at TPM today, is to sow the seeds of enough chaos to be able to create court cases and "thousands of sworn affidavits" (sound familiar?) to "credibly" point to (false) claims of "fraud" in virtually any election around the country next week, if and when they don't win it. "The chaos is the point," he writes.
We pull many of these threads together on today's program. One example is the seemingly isolated case of the campaign manager for Maryland's white nationalist Republican candidate for Attorney General who directed supporters at a rally last weekend to vote next Tuesday "as late in the day as possible," explaining that, "If everyone could stand in long, long lines at 6 o’clock, that would actually help us."
Then there are the door-to-door canvassers --- organized in part by folks like Eastman, Bannon, Lindell, Mitchell and others --- who, according to a Reuters report today, have been active in at least 23 states. They are dressing as if they are government officials --- sometimes armed and with badges --- intimidating voters with questions about who lives in their house, what their voting record is, etc. They appear to be collecting information to use to challenge voters on Election Day at the polls and/or in the post-election period, as required to create enough chaos to offer the appearance of fraud and/or uncertainty in the legitimacy of election results. And, yes, Fox "News" and the rest will be standing by to report all of these false accusations as if they are real.
Forewarned is forearmed, as they say. It's important that you --- not to mention the Democratic Party and everyone at legitimate media outlets --- understand what is going on before the fog of chaotic election war overwhelms all of us beginning next Tuesday.
In a not unrelated story today, we noted yesterday that AP has found more than 100 election lawsuits have already been brought this year related to the 2022 elections. Most have been filed by Republicans in efforts to make voting more difficult. We detailed several of those cases yesterday (in Pennsylvania, Arizona and Nevada). Today we discuss one filed in Illinois that seeks to invalidate lawful absentee ballots that are cast on or before Election Day but do not arrive until afterward, in the two week period allowed by state law. A Republican Congressman is suing to block the counting of those votes, even though they are lawfully cast ballots that could include tens of thousands cast by members of the U.S. military stationed overseas. The complaint was originally filed in May of this year. But the Trump-appointed federal judge overseeing the case has yet to rule on it, for some reason, with Election Day less than a week away. Chaos in waiting.
Also, since we quickly waved at these Trump accountability stories at the top of today's show, some links for more deets for ya:
Finally, Desi Doyen joins us for our latest Green News Report with a whole bunch of climate related stories both good and bad as winter is coming...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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IN TODAY'S RADIO REPORT: Humanitarian crisis worsens in Central Africa amid massive flooding; Toxic metal air pollution ten times worse in communities of color; No, the US is not running out of diesel fuel; PLUS: Biden Administration invests billions to help lower home energy costs before winter... All that and more in today's Green News Report!
Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.
IN 'GREEN NEWS EXTRA' (see links below): Magical Hope vs. Actual Hope: Left or right, physics doesn't much care about your wishful thinking; How a GOP governor could derail New York's climate law; Worldwide cholera outbreaks are 'unprecedented,' WHO says; Why these climate talks are different than other COPs; Lung Cancer in Nonsmokers? Study Identifies Air Pollution as a Trigger; Why the feared wave of solar panel waste may be smaller and arrive later than expected... PLUS: Scientists just discovered a new whale. Now they fear it may go extinct.... and much, MUCH more! ...
On today's BradCast, we continue to focus on the critical November 8 midterms as we will most likely be doing between now and then and --- given how important and close many key races are expected to be --- probably well beyond Election Day. [Audio link to full show follows this summary.]
We're joined today by EDDIE PEREZ, who has spent more than 20 years focused on elections in various capacities. He spent some 15 years at the Austin, Texas-based Hart-Intercivic, one of the big three private voting system vendors in the U.S. He moved on to become Global Director of Technology and Standards at the nonpartisan, nonprofit Open Source Election Technology (OSET) Institute before, last year, becoming Twitter's Director of Product Management for Societal Health, where he played a role in fighting against mis- and disinformation at the beleaguered social media site. He left the company recently (before Elon Musk's takeover) and remains a Board Member at OSET.
Perez has been writing, blogging and tweeting of late on what he sees as "manufactured chaos" by Republicans in advance of the 2022 midterms, calling the threat they pose a "a knife at democracy's throat" and charging that the chaos is now "on a collision course" with next week's elections.
He worries and warns, both in his writing and on today's program, of "coordinated attempts to interfere with or potentially overwhelm what can broadly be regarded as normal election administration processes."
As usual, when Perez is kind enough to join us, he (a former voting system vendor) and I (a long time Election Integrity journalist and critic of vulnerable, difficult-to-oversee voting systems) both tussle and find common ground on many of these topics. We also discuss concerns about "manufactured chaos" on Twitter as well, now that Musk has reportedly withdrawn access to content moderation tools previously used by staffers to help curb toxic disinformation.
"It's genuinely not really clear whether Elon Musk fully appreciates the harm that can come from a social media platform, particularly in the realm of elections," Perez frets, adding that "we have seen this spin off in to political violence." He notes "the concerns are very real," but believes the "wheels haven't fallen off Twitter", at least not yet, assuring that there are "still good people there."
He warns, however, "it's a fragile time" and says it's good to have "conversations like this so that we can talk to your listeners about what they should be paying attention to and what they can maybe do to cut through some of the noise."
We discuss examples of chaos that most worry him and how no small part of the lack of confidence Americans now have in our election system may actually be due to the way voting system vendors and election officials have spent years preventing oversight by the public. Of course, much of it is due to Donald Trump's lies about the 2020 election. But Perez concedes that insiders, in fact, now pose a unique threat to democracy, as demonstrated by GOP officials facilitating the breach of voting system hardware and software in several different states and releasing its proprietary software to potentially nefarious individuals. Can that previously secret code now be used to undermine those systems next week? If so, how so?
"It has certainly not helped public trust in the machinery of democracy that voting technology is limited to as few companies as it is," Perez concedes, citing the proprietary software now used to run elections and tally votes in almost every jurisdiction in the country. "There is no doubt that having that whole ecosystem --- that can fairly be called a 'black box' --- is not helping. It is a kind of tinder box and has turned into a vacuum of information that a lot of conspiracy theorists have been happy to fill."
"On something as essential as the legitimacy of the outcomes in our public elections --- which, again, involves process and involves voting technology --- we can never ever discount the importance of transparency and accountability," he tells me, citing some of my own advocacy and criticism of voting systems and vendors over the years. "In that sense, I don't think it's unreasonable for some people to say that was a collective failure and, yes, that has contributed to us having a lot of the challenges that we're in today."
Of course, we also discuss what Americans can do now --- from voters to election officials to journalists --- to gird for the chaos that is almost certain to come and how best to defend against it.
Also today, several recent legal rulings in response to an explosion of election law challenges manufacturing more chaos around the 2022 elections...
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We've been discussing for weeks (months, actually) on The BradCast how critical the November 8 midterm elections are to American democracy itself. I've even referred to it as the most critical midterms since the Civil War. Until recently, however, I had no idea how on the money that comparison actually is. [Audio link to full show follows this summary.]
In five states this year --- from so-called "red" states like Alabama, Louisiana and Tennessee to the theoretically liberal bastions of Oregon and Vermont --- slavery itself will be on the ballot. Seriously. Or, at least "involuntary servitude". What's the difference between that and slavery? Even our guest today, an expert on such issues, has trouble discerning that.
The U.S. Constitution's 13th Amendment, adopted in 1865 to end slavery, reads [emphasis added]: "Neither slavery nor involuntary servitude, except as punishment for a crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."
In other words, slavery was abolished --- except for prisoners, who may be forced into involuntary servitude as part of their punishment. It's a not-accidental loophole, you'll be shocked to learn, that has been disproportionately exercised historically against Black Americans.
In 2020, however, several Democratic members of Congress introduced a resolution to begin amending that part of the 13th Amendment. But changing the U.S. Constitution is a heavy lift that requires passage by two-thirds of each chamber of Congress and approval by three-fourths of the states. In the meantime, there are the exact same or very similar references to involuntary servitude --- or even slavery itself --- still present in a number of state Constitutions and/or statutes. And, this year, there are ballot initiatives in the five states mentioned above to finally change or remove those references entirely.
So, yeah. Ending slavery, at least in some state constitutions, at least for prisoners, is actually on this year's ballot as well.
We're joined today for insight by THEEDA MURPHY, Co-Director of the No Exceptions Prison Collective, a non-profit, grassroots initiative based in Nashville, TN, dedicated to, among other things, aboloshing slavery!
"Any type of forced labor is slavery. Period. And should not exist in the United States in 2022," Murphy explains, stating what one would think should be obvious. Surprisingly, it isn't. There are elected officials --- both Democratic and Republican --- who have offered various reasons to oppose such initiatives to rewrite the 13th Amendment and the state-based provisions which echo it. Most of their reasons have to do with assuring that cheap prison labor can continue, a $500 billion industry where the average pay is $1/hour. (Though that is, somehow, not considered slavery!)
Over the past two elections, in 2018 and 2020, three states, Colorado, Nebraska and Utah, adopted measures to ban involuntary servitude. A recent effort here in California failed to make it onto the ballot this year. But the hope of advocates like Murphy is that, with reform at the state level, interest may grow in a federal Constitutional amendment that finally ends what is known as the "Punishment Clause" or the "Exception Clause'. But there are other reasons to adopt such measures as well.
States where similar changes have been made, explains Murphy, "are beginning to have these discussions about what does it mean to now have people that cannot be treated like property, that the state no longer owns, and what that means for every aspect of a person who is incarcerated. Can you deny them healthcare? What kind of food do you feed them? Do you charge them for their clothes? Those are the kinds of questions that begin to be answered, or to be asked, because people are no longer property."
Murphy says that in her home-state of Tennessee, internal polling shows both Democrats and Republicans are "united" on the ballot measure this year. "Nobody is FOR slavery," she quips. "Nobody at least will come out and SAY they're for it."
Hey! Maybe we found at least one issue that doesn't divide Americans? We'll find out after next Tuesday.
In other noteworthy news today...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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IN TODAY'S RADIO REPORT: Brazil's Presidential election a major turning point for climate; Russia's war on Ukraine has accelerated the energy transition, new report finds, as it unleashes a major attack on Ukraine's civilian energy infrastructure; Biden chastises oil industry's 'war profiteering'; PLUS: Corporate media virtually ignored climate in U.S. Senate debates... All that and more in today's Green News Report!
Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.
IN 'GREEN NEWS EXTRA' (see links below): Beyond Catastrophe: A New Climate Reality Is Coming Into View; EU to Ban New Combustion Engine Cars Starting 2035; Texas' plan to provide water for a growing population virtually ignores climate change; A New Shell Plant in Pennsylvania Will Soon Become the State’s Second Largest Emitter of Volatile Organic Chemicals; Whales ingest millions of microplastic particles a day, study finds; PV modules with longer lifetimes could slash demand for materials, says NREL; Will electric vehicles kill the gas station?... PLUS: Panicking about the UN’s scary Emissions Gap Report is a waste of time – here’s what to do instead.... and much, MUCH more! ...
We're just over one week from the most critical midterm elections in these United States since the Civil War. So, we've got a lot to discuss on today's BradCast. And the phones are finally fixed at KPFK, so we were actually able to hear from callers today as well! [Audio link to full show is posted below this summary.]
Among the stories covered on today's program before listeners ring...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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The element of surprise plays a central role in several of the stories covered on today's BradCast.
Among them...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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IN TODAY'S RADIO REPORT: Drought deepens across the U.S., disrupting crops and increasing fire risks; U.N. warns greenhouse gas emissions are rising and nations must do more to avoid catastrophe; Australia to build world's largest battery; PLUS: Biden Administration kicks off billion dollar transition to all-electric school buses... All that and more in today's Green News Report!
Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.
IN 'GREEN NEWS EXTRA' (see links below): Investigation of Brazil's ethanol sector uncovers slavery; Illegal fishing spurs billions in losses for developing countries; Big Oil funding Republican takeover plans; New UK PM Sunak will keep ban on fracking; From E. coli to flesh-eating bacteria, floodwaters are a health nightmare; Huge EV-station battery opens in Calif. desert; Rich countries keep fueling our demise... PLUS: IEA: Russia's war in Ukraine won't save fossil fuels.... and much, MUCH more! ...
On today's BradCast: With less than two weeks to go before this year's critical midterm Election Day, can the corporate media be convinced to take America's side in helping to save democracy itself? [Audio link to full show follows below this summary.]
We've devoted nearly two decades to calling out corporate media for their seemingly never-ending failures, the worst of which we may now be smack dab in the middle of, as they seem to have little to no appreciation for our endangered democracy and their no-small-part in helping bring us to this point.
Over the past two years, we've noted (among other failures) how the corporate media just can't seem to simply and clearly call out Donald Trump for having attempted to steal a Presidential election before our very eyes. Instead, as they report even now, he was simply trying to "overturn" or "undermine" or "challenge" or "question" the results, hoping to "roll them back" in order to "remain in the White House". But because they have failed to accurately and directly inform the American electorate that Trump and his minions attempted, repeatedly, to steal a Presidential election, a huge chunk of the citizenry continue to falsely believe the 2020 election was actually stolen from him, despite any evidence to support the false claim. Shamefully, hundreds of Republican candidates on this year's ballot continue to spread that lie and often go entirely unchallenged by the press.
"There's a journalism crisis in this country," charges our guest today, BRIAN HANSBURY, co-founder of the grassroots Media and Democracy Project. The media, he tells me, are "marching us towards fascism and a potential future where we're not able to have votes that have any meaning moving forward."
Hansbury's group recently penned an open letter to "American journalists, editors, producers and publishers" detailing the "urgent need for pro-democracy 2022 election coverage." In an op-ed this week at Salon, he warns that "Journalists who know the 2020 presidential election was free and fair still frequently describe those who lie about it as mere 'skeptics' who 'dispute the results.'" They are not "deniers," he insists. They are liars and should be described as such. He calls on "news media to urgently communicate" to the American public that the November 8 midterm is "not an ordinary election, but rather a contest between would-be authoritarians and candidates who defend the rule of law and the electoral system."
Hansbury's op-ed cites his group's open letter for more details in order to plead: "For the next two weeks, journalists must 1) make threats to democracy clear, 2) protect Americans against disinformation and 3) treat elections as if they are more important than the sports page."
We discuss what all of the above actually means and much more today, as Hansbury makes the case for the American media to, in fact, "take sides" at this point. "Media should be a partisan for democracy," he argues. "Ahead of the 2022 midterms, they should be picking a side, and that should be the side of democracy."
"When elected officials are lying to the public, that's a time when journalists and newsrooms should be taking the side of those who aren't lying to the public about something so fundamental to our rights, freedoms and democracy as elections."
"The 'both sides' thing," Hansbury asserts, is a "false equivalence that is constantly maintained in our national media between normal candidates --- and by 'normal' I mean those that don't lie to us about elections --- and these anti-democracy Republicans. And that normalizes the election lies. It allows for there to be this permission to continue to lie about elections."
The ability for so many candidates to continue to tell so many lies without being held accountable in the press, one can reasonably argue, is no small part of why so many races across the country are now believed to be so close this year. That, despite independently verifiable facts which contradict the candidates' lies...if only our media bothered tell the truth as clearly and relentlessly as the liars lie. It's only the future of American democracy at stake after all. Or, as Hansbury charges the media see it, just another way to "maximize profit, maximize engagement and deliver to advertisers."
Also today, in very related news...
Good for him! Nice that there are still some Republicans who appreciate the danger American democracy now faces and the importance of saving it...
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Some good news, some bad news, and the most difficult news of all for talk radio: nuanced news on today's BradCast. [Audio link to full show is posted below this summary.]
Among the many stories covered on today's program...
And here comes more nuance: While we have spent nearly two decades decrying computer-tabulated ballots, we have called not for hand-counting, but for hand-count pilot projects to determine its feasibility in each jurisdiction and to develop simple, efficient and publicly-overseeable protocols to do it safely and transparently at the precinct on Election Night, in front of everyone, before ballots are moved anywhere. (Similar to how it has been successfully been done for many years now by about 40% of the towns in New Hampshire.)
Ad hoc hand-counting (for example, like the kind that took NV's Esmerelda County more than seven hours to tally 317 ballots after their June primary!) is a disaster in the making and one that is likely to end up discrediting real hand-counting for years to come. I hope I'm wrong.
In the meantime, there are critical contests in the state this year, including a very tight race between incumbent Democratic U.S. Senator Catherine Cortez Masto and Republican Adam Laxalt. If she is reported to have lost and there are any questions about the results, good luck to the Dems after shortsightedly decrying any and all concerns about elections when they may need to challenge an election themselves.
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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IN TODAY'S RADIO REPORT: Biden EPA opens civil rights probe into Jackson, MS' water crisis; Big insurance companies begin to back away from Big Oil: PLUS: BMW to build massive E.V. battery plant in U.S. --- Republicans who voted against incentives take credit... All that and more in today's Green News Report!
Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.
IN 'GREEN NEWS EXTRA' (see links below): Only 5 percent of plastic waste generated by US last year was recycled, report says; Secret files suggest chemical giant feared weedkiller’s link to Parkinson’s disease; Russia is destroying water/power infrastructure in Ukraine; Utilities sticking with fossil fuels despite climate pledges; How coal producers legally dodge cleanup obligations; Will new UK PM Sunak rebuild green agenda torn up by Truss?; More than half of bird species in the U.S. are in decline; Deforestation slowed last year, but not enough to meet climate goals; New European pipelines are hydrogen ready... PLUS: Inside the fantastical, pragmatic quest to make "hybrid" meat.... and much, MUCH more! ...
Today on The BradCast, some help for voters in California trying to make sense of some of those confusing propositions on this year's midterm ballot, and some new worries for the entire nation when it comes to the GOP's vow to destroy the so-called "administrative state". [Audio link to full show is posted below this summary.]
We're joined today by DAVID DAYEN, investigative financial journalist, Executive Editor of The American Prospect and author of (most recently), Monopolized: Life in the Age of Corporate Power. We've got quite a bit to discuss with him today.
First, ride-share companies Lyft and Uber scammed California voters two years ago with the landslide passage of Prop 22, which the companies spent nearly $250 million to put on the ballot and misrepresent to voters. They claimed that their workers in the state should not be treated as employees under CA law --- with all the benefits that come with it --- but as a new type of independent contractor. The companies told voters that, under Prop 22, their drivers would make at least 20% above minimum wage (currently $15/hour in the state) and would receive other increased benefits for healthcare, etc.
Now, two years in, it turns out that Uber and Lyft drivers in CA are averaging just $6.20/hour. Dayen explains how that can possibly be, adding: "When you allow a corporation to set the terms of employment and to opt out of, in this case, the state system that governs employment arrangements, they're probably going to take advantage of it for their devices. And that's exactly what happened here."
This year, Lyft is supporting another CA ballot initiative, Prop 30, that would tax millionaires to help subsidize elective vehicles for their drivers and to fund CA firefighting efforts. The state's Democratic Party seems to believe them. The state's Democratic Governor Gavin Newsom, on the other hand, doesn't. What explains that? We try to figure it out.
But, more importantly, Dayen argues the entire matter is symptomatic of what he now sees as CA's "failed experiment with direct democracy" in its ballot initiative process. Can it be reformed to make it work for the people as intended? Or has it been irreversibly taken over by corporate interests who have learned how to purchase their interests into state law?
Also today, Dayen breaks down last week's stunning ruling by a three-judge panel on the hard-right 5th Circuit Court of Appeals (all three were Trump appointees), finding that the way Congress chose to fund the Consumer Financial Protection Bureau (CFPB) is, somehow, unconstitutional. The CFPB was created during the Obama Administration to protect consumers after the 2008 global banking crisis and subsequent Great Recession. It was the brainchild of Elizabeth Warren before she became a Senator. The Bureau is the only federal agency built and devoted specifically to protecting consumers, as opposed to corporations.
As Dayen explains, the court's ruling, if allowed to stand, would not only make the CFPB go away entirely (long a goal of Republicans), but also hundreds of regulations and consumer protections that the Bureau oversees. Moreover, if the judges are right about the funding mechanism for CFPB being unconstitutional, well then so is the funding for dozens of other critical federal agencies and programs!
"The logic of the 5th Circuit's ruling is that all of those other agencies [including the FDA] are also unconstitutional," says Dayen. "There are also a number of mandatory spending items in America that are not funded through the appropriations process. Social Security, Medicare, Medicaid, food stamps. The logic of the 5th Circuit's ruling is that all those things are all unconstitutional."
In addition to "this ruling defunding the police --- the consumer protection police" in a case brought by the rapacious payday lending industry, he details how this is the very definition of the GOP's years-long vow to "destroy the administrative state". In this case, as Dayen argues, there are also a bunch of protections for big banks that would be wiped out as well unless the ruling is overturned. So, maybe that little glitch will --- ironically enough --- help to save the CFPB.
One more matter we touch on with the author of Monopolized: Life in the Age of Corporate Power, the recently announced takeover of Albertsons by Kroger, which already owns Ralph's, Food For less, and many others as the nation's largest grocery store conglomerate. Albertsons is the second largest. They own Vons, Safeway and many others. In short, Kroger's takeover, if it goes through, would result in one company owning --- and having near monopolistic pricing power over --- more than 60% of the nation's grocery stores. As you might imagine, Dayen has a few warnings about this "very, very disturbing merger," but adds that he's pretty sure that Biden's Federal Trade Commission (FTC) "is going to take a healthy look at it."
Finally today, one more thought on one more initiative on this November's CA ballot, one which is likely to spread like a deadly virus to much of the rest of the country if successful here. Prop 31 would ban the sale of flavored e-juice for vaping and e-cigs in the state. The disingenuous claim by supporters is that flavors --- like the one that I used, espresso, to finally successfully quit smoking --- are attractive to kids. Prop 31 proponents argue this ban on flavored vape juice is needed to keep kids from vaping. But the fact is that kids are already banned from buying these products in CA! Instead, the ban would serve only to kill actual smokers by preventing them from switching to vaping, which scientists universally find to be far safer than smoking. More details in support of "NO" on CA's Prop 31 --- a maddening and deadly scam --- on today's BradCast...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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