w/ Brad & Desi
|
  w/ Brad & Desi
|
  w/ Brad & Desi
|
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
| |
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
|
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
|
GOP Voter Registration Fraud Scandal 2012...
|
The Secret Koch Brothers Tapes...
|
MORE BRAD BLOG 'SPECIAL COVERAGE' PAGES... |
On today's BradCast, a spoonful or two of sugar where we can find it, along with much too much bitter medicine. [Audio link to show follows below.]
Among the stories covered on today's jam-packed 'BradCast'...
First up: The massively unpopular Republican tax scam lurches toward the finish line after the last of the pretend GOP hold-outs in the U.S. Senate now seem to be on board. They all know it's a scam, of course, one that will not, as they pretend, "pay for itself". And most predict the tax bill will gravely hurt the GOP's chances of holding on to the U.S. House in 2018. But they don't seem to care for some reason Moreover, they are openly admitting publicly that they are coming for cuts to Social Security, Medicare and Medicaid almost as soon as the largest redistribution of wealth from the poor and middle class to corporations and the wealthy in the history of the nation is completed before Christmas.
Then: Earlier in the week, Trump's beleaguered Sec. of State Rex Tillerson had announced that the U.S. was ready to meet with the North Koreans for peace talks without preconditions. By week's end, however, that hopeful message of potential peace took a drastic u-turn, as Tillerson appears to have reversed course at the last minute during his remarks at the U.N. on Friday.
Meanwhile, even though they have, up until now, failed to enact any major legislation to date, Trump and the Republicans have been wildly successful at ramming lifetime appointments of radical right-wing jurists to the federal bench through the U.S. Senate. Some of those appointees have been ridiculously unqualified, though at least one Senate Republican is beginning to put the brakes on those nominees. We share part of the astonishing Senate Judiciary Committee colloquy this week between Sen. John Kennedy (R-LA) and Mark Spencer Petersen, Trump's embarrassingly unqualified nominee for a lifetime post on the U.S. District Court for the District of Columbia.
Finally, we get to at least a spoonful of sugar with a musical tribute to the apparently failed U.S. Senate candidate Roy Moore of Alabama, plummeting approval ratings for the President, the Vice-President and the entire Republican Party, and the hilarious case of pretty much every member of the Trump family in D.C. successfully suppressing their own votes in last month's New York mayoral election.
All of that and much more in today's BradCast. Enjoy!
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
|
On today's BradCast: Disturbing news for Americans and free speech before Christmas, but great news for huge corporations enjoying record profits already. [Audio link to show follows below.]
First up, yet another media mega-merger is announced as Disney says they will purchase much of Rupert Murdoch's 21st Century Fox in a $52 billion dollar deal, even as Trump and the Congressional GOP push to give them all huge tax breaks --- at the expense of the poor and middle class. Republicans are hoping for final passage of their tax bill before Christmas and before presumptive Sen.-elect Doug Jones (D-AL) can be seated and further reduce the GOP's slim U.S. Senate majority.
On the upside today, one of Trump's wildly inappropriate industry shills nominated to the EPA has reportedly withdrawn, as have two wholly unqualified nominees for lifetime judgeship appointments to the federal bench.
Then, as expected on Thursday, Trump's Republican-led Federal Communications Commission (FCC), voted 3 to 2 along party lines to kill "Net Neutrality" rules for Internet Service Providers like AT&T, Verizon, Charter and Comcast. That, despite a letter from 18 state Attorneys General who asked the Commission to delay the vote until after a legitimate public comment period. The previous one, they charge, was manipulated by as many as 2,000,000 comments that New York's Attorney General Eric Schneiderman has found found to have been faked.
Nonetheless, right-wing FCC Commissioner and former Verizon attorney Ajit Pai did not delay the vote, and the Commission voted to kill the rules that had long prevented ISP's from blocking or slowing down certain websites or apps, or charging more for access to them. Longtime media reform activist SUE WILSON joins us today and describes the latest actions by the FCC as little more than a move toward the end of free speech on the Internet.
She argues that the move to kill Net Neutrality echoes the efforts to pass the Telecommunications Act of 1996, which was also sold by proponents at the time as a boon for competition and innovation that would result in more free speech over our public airwaves. Instead, the public radio waves have become the nearly exclusive domain of corporate right-wing political speech and propaganda in the 20 years since the measure was signed by President Bill Clinton.
"They made a lot of promises, when they consolidated radio, that we would end up with a much more diverse speech for everybody," Wilson explains. "Anybody who listens to radio knows that it's almost impossible to find a show like The BradCast on the air because it is now dominated by pro-Republican, conservative --- no, 'alt-right' --- speech, to the exclusion of all others. They flat-out lied to us, and guess what? That's what they're doing today."
A similar future may soon be in store for the Internet, unless promised lawsuits or Congressional legislation is able to block or reverse today's shamefully under-reported and disturbing turn of events.
"The claim that the Federal Communications Commission Republicans are making is that we need to give more money to broadband services so that they can invest in rural areas," says Wilson. "However, if you look at the Securities and Exchange [Commission] documents, which these corporations have to fill out --- under penalty of prosecution if they lie --- the six CEOs of publicly-traded broadband companies are telling their investors that the FCC's current Net Neutrality rules have not in any way impacted their investment strategies. Again, we're looking at the Federal Communications Commission, as headed by Ajit Pai, just making things up out of whole cloth."
Finally, Desi Doyen joins us for the latest Green News Report, with an update on the record and still-growing Southern California wildfires, more bad news about the Arctic, some good news for Tesla, and a worldwide embarrassment for the United States...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
|
IN TODAY'S RADIO REPORT: Officials warn of toxic smoke from Southern California wildfires; New bad news for the Arctic; New good news for Tesla; At global summit, the world fights climate change without the U.S.; PLUS: French president makes good on promise to fund U.S. climate scientists, after Trump drops out... 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): NOAA: The Arctic shows “no sign” of returning to a “reliably frozen region.”; Avocados and lemons also victims of CA fires; Babies born near fracking sites face low birth weight; U.S. meat industry is the largest source of drinking water pollution throughout the Midwest; Trump Admin wrongly withheld funds from ARPA-e; Final GOP tax bill would ANWR drilling; Climate change made Harvey rainfall 15 percent more intense; Exxon to disclose climate risks to shareholders; Former EPA chiefs blast Pebble Mine project; Trump EPA chemical safety nominee withdraws; New discoveries on increase in earthquakes in KS, OK; Puerto Rico object to new excise tax in GOP tax bill... PLUS: United States of Petroleum: Government's secret alliance with Big Oil... and much, MUCH more! ...
On today's BradCast: It was an all too rare moment of good news, of late, for Democrats and, indeed, the nation on Tuesday, after what appears to have been a stunning upset by Democrat Doug Jones over Republican Roy Moore in Alabama's U.S. Senate Special Election. But Dems may not want to spend too much time celebrating. [Audio link to show is posted below.]
Following Jones' apparent stunning victory on Tuesday, his highly controversial opponent has so far refused to concede or reportedly even speak to Jones. At the same time, despite Republican Senate Majority Leader Mitch McConnell's demand in 2010, when Democrats controlled the U.S. Senate, to wait to hold a vote on the Affordable Care Act ('ObamaCare') until Republican Sen. Scott Brown could be seated after his special election in Massachusetts, the GOP appears to be barreling ahead with their plan to vote on their radical and wildly unpopular tax scheme in the coming days, before Jones can be seated. That, even after McConnell had held a seat on the U.S. Supreme Court open for almost a year, claiming that "the American people should have a voice" in who would be the next Supreme Court Justice during the 2016 Presidential election.
In the meantime, even after the voice of AL voters seems to have quite clearly said they want to be represented by a Democrat in the U.S. Senate, Moore suggested on Tuesday night that he may hold out for a "recount" of paper ballots processed by computer scanners across the state. AL's Sec. of State John Merrill told CNN Tuesday night that Moore has the right to do so, but election statutes in the state seem to say otherwise.
We're joined today by veteran recount expert, attorney, author and professor CHRIS SAUTTER of American University, to discuss all of this. Sautter, formerly an adviser to Barack Obama, Bernie Sanders and many other Democrats, worked on the recount efforts by Al Gore in Florida in 2000 and Al Franken in Minnesota in 2008, among many other such efforts going back decades.
"I've been doing recounts now since the 1984 [U.S.] House recount in Indiana that was ultimately decided by 4 votes --- still the closest House race in modern times," Sautter tells me. "One thing I've observed is that in the heart of the narrowly-defeated candidate lies the belief that he actually won or at least the hope that a recount will somehow salvage a victory. It's another way of describing denial in an election that is close, heartbreakingly close, for the loser."
Sautter was also part of the team supporting the multi-partisan lawsuit recently filed in Alabama in hopes of forcing the state to retain digital "ballot images" created by their paper ballot computer scanners. Those images, many election integrity advocates argue, can be useful for public oversight of results, particularly in states like Alabama which make it virtually impossible for citizens to oversee tabulation of paper ballots, and which simply rescan them through the same computers a second time in the rare event of a "recount".
As we have been reporting, the transparency advocates who filed that lawsuit appeared to have won it on Monday afternoon, but by Monday evening, in a ruling that Sautter describes as "extraordinary" the night before the Election, the Sec. of State was successful in convincing the state Supreme Court to allow counties to destroy those "ballot images" altogether.
Sautter offers insight, among other things, as to Moore's chances of success in a potential "recount" (and of being allowed to have one at all under state law); on the bizarre circumstances under which the AL Supremes reversed the lower court's "ballot images" ruling at the last minute without input from the plaintiffs; and how he and other election integrity advocates hope to take their fight for transparency nationwide in 2018.
Finally, while Jones' apparent victory on Tuesday may have been good news for Democrats, Alabama, the nation as a whole (and even the Republican Party), we explain why what happened on Tuesday actually serves as a startling reminder of just how rigged against Democrats the electoral system is as they prepare to head into next year's crucial mid-term elections...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
|
Two days before Thanksgiving, the Federal Communications Commission announced [PDF] it will vote December 14 on a new Federal rule that may very easily take away our Freedom of Speech on the Internet.
That's not an exaggeration.
The three Republican presidential appointees on the FCC will pass a federal rule that could result in any content provider with a website or app --- from AirBnb to Zillow to The BRAD BLOG --- being forced to pay your Internet Service Provider big fees for the privilege of bringing their content onto your device or computer. If they don't pay up, their content slows down, and you can't get the content you want unless you wait. And wait. Research shows if you wait just ten seconds, many just give up. It's not so bad for content from well-funded players, but what happens when the guy who blogs about your local school board gets shut out? Chalk another one up for Big Media controlling what information we are allowed to see...
On today's BradCast: A last minute ruling by the Alabama Supreme Court, without plaintiffs even present, will allow the state to destroy electronic "ballot images" created by the state's digital computer ballot scanners in Tuesday's special election. Also, was it the fake news or the real news that tipped last year's Presidential election? [Audio link to show follows below.]
In Alabama, computer tabulators determine the intent of voters (either correctly or incorrectly), as cast on hand-marked paper ballots from Tuesday's highly contentious U.S. Senate Special Election between Republican Roy Moore and Democrat Doug Jones. The state Supreme Court, in a late ruling on Monday, issued a stay [PDF] that effectively reversed a lower court order [PDF] on Monday. That order had required all digital scanners in the state to be set to retain all such images created by the system as ballots are scanned through it. The stay now means that only in the exceedingly rare event of a hand "recount" of paper ballots will the public be able to oversee elections results to determine if the computers got it right on Tuesday.
We've been covering this issue for some time. (My original interview last week with election integrity and transparency advocate John Brakey, who helped organize the AL lawsuit is here.) Yesterday, it looked like a win for Brakey and the multi-partisan plaintiffs who filed in court to demand the state's retention of all digital images for inspection by the public, as per federal law requiring all election materials be retained for 22 months. But late on Monday, Secretary of State John Merrill and Alabama's state Election Administrator Ed Packard argued their case [PDF] ex parte (in otherwords, alone, without the plaintiffs there or allowed to respond) and received a favorable ruling from Roy Moore's old colleagues on the court. (Moore was formerly a State Supreme Court Justice, until twice being removed for failing to follow federal court orders.)
I spoke with Brakey and attorney working on the case, Chris Sautter, earlier today, as well as other experts. I've got details on their comments, and from the court documents, on today's show. Essentially, the state argued that state election officials didn't have jurisdiction to order county election officials to turn on the software switch on the scanners to retain all ballot images, and that doing so at the last minute, as the Circuit Court ordered on Monday, would "cause confusion among elections officials and be disruptive to" the election on Tuesday. That, even though the Circuit Court judge found it wouldn't cost the state anything to do so and that failing to turn on the setting that retains the images would lead to irreparable harm to the plaintiffs. Sautter tells me the state did not make the case for last minute confusion during the lower court arguments.
I suspect we'll have much more on that and on other problems reported at the polls today, on tomorrow's BradCast, along with whatever results --- accurate or inaccurate (who knows?) --- that the computers may report by then.
Then, after a flurry of fake news over the weekend during the final run-up to Tuesday's U.S. Senate election in Alabama, we discuss an alarming new study analyzing the effect of both real and fake news during the run-up to last year's Presidential election. Was it so-called fake news and Russian Facebook ads that gave Donald Trump the edge to defeat Hillary Clinton last year? Or, was it a failure by the mainstream corporate media --- the "real news" --- to responsibly cover important issues that the electorate needed before casting their vote? DAVID M. ROTHSCHILD, co-author of the new study published by Columbia Journalism Review, joins us today to discuss their --- at times, remarkable --- findings.
I'd strongly urge you to read their full damning report --- particularly if you are of the mind that fake news and ads said to have come from Russia, turned this election --- because there are too many detailed and troubling findings in it for me to adequately summarize either here or during today's program.
But, to cite just one aspect of my conversation with Rothschild about the report's analysis of 150 front-page articles in the New York Times over the 69 days prior to last year's November election, he tells me: "150 stories. And of that, there were just 10 stories where they actually really touched on a specific policy initiative of either of the candidates, the ideal thing that you would want the 'paper of record' to be supplying to people. The vast majority of stories were miscellaneous campaign stories. Over 50% of them talked about the horse race. Very small percentages, 15% or less, actually talked anything about policy, with even smaller percentages actually talking about the policies themselves. It was all about the horse race, all about the scandals, not about the impact of the election itself on policy, which is ultimately why we have elections and ultimately defines the impact of these elections."
His study notes that in just six days right before the election, "The New York Times ran as many cover stories about Hillary Clinton’s emails as they did about all policy issues combined in the 69 days leading up to the election." That said, ironically enough, as Rothschild notes, even the MSM coverage of the purported scandals was terrible, misleading and inaccurate as well! They, and we, never seem to learn.
Finally today, Desi Doyen joins us for our latest Green New Report, as unprecedented winter wildfires continue to ravage Southern California and as the Trump Administration continues to ravage the environment...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
|
IN TODAY'S RADIO REPORT: Southern California's Thomas Fire now 5th largest in state history; Trump Administration attacks private company over national monument lawsuit; Trump to open up East Coast to offshore drilling; PLUS: Surprise! Trump's EPA has slowed down enforcement actions against polluters... 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): GOP tax cut bill's fossil fuel provision would personally enrich GOP lawmakers; In CA, mixed results for regulations meant to help stop fires; GOP tax cut bill would penalize CA firefighting victims; France’s Macron takes lead in climate change battle; World leaders gather (without Trump) for One World climate conference; Judges skeptical of DOJ bid to dismiss kids' climate lawsuit; Alaska oil lease sale draws just 7 bids; Trump slashes NASA climate research funding; FERC seeks delay on coal-nuclear bailout; Recycling chaos as China bans 'foreign' waste; After tax cut, Trump looks to localities to fund infrastructure... PLUS: Build, flood, rebuild - Flood insurance program's expensive cycle... and much, MUCH more! ...
On today's BradCast, we take a deep dive into the insane state of play in the final days before voters finally head to the polls in Alabama for the U.S. Senate special election between the Republican, twice-removed-from-the-bench judge Roy Moore and Democratic former US Attorney Doug Jones.
But first, a few quick news items today, including an update on the still-out-of-control Southern California wildfires; The mostly-failed terror bombing by an alleged ISIS sympathizer in the subway near Times Square today; news in the case of three white rightwing "militiamen" on trial for an alleged scheme to bomb a community of Muslim Somali refugees in Kansas. Their motion seeks to get more Trump-supporters from elsewhere in the state on their terror trial jury; New details on the school shooting (by another white guy) in New Mexico last week that took three lives, including that of the shooter. Despite FBI investigators interviewing the man last year after he is said to have left online comments seeking information on weapons to use in a mass shooting, he was able to legally purchase a semi-automatic pistol and high-capacity magazines last month anyway.
And then it's onto our deep dive into "deep red" Alabama and the state of the important Moore/Jones U.S. Senate election before Election Day on Tuesday. Among the issues covered on that front today:
Buckle up!...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
|
Last week, at the behest of the "terrorist-enabling" National Rifle Association (NRA), the Republican-controlled U.S. House of Representatives voted to pass the Concealed Carry Reciprocity Act [PDF] (CCRA or HR-38), by way of a mostly party-line vote, 231 to198.
Under the provisions of this proposed federal statute, anyone who has a right to carry a concealed handgun in their own state --- such as "Wild, Wild West Nevada" where everyone is entitled to open or conceal carry all manner of firearms --- must now be permitted to carry a concealed weapon inside any other state that allows citizens to apply for, but not necessarily receive, a permit to carry a concealed handgun.
According to Manhattan District Attorney Cy Vance Jr., "Someone from Vermont, where there are no permit requirements, could come into New York City with a loaded gun, come to Times Square, go to the subways." This, NYPD Commissioner James O'Neill added, "will make New York City less safe and our job as law enforcement much harder."
Organizing for America's Jesse Lehrich similarly observed in a tweet, that where Massachusetts "has a rigorous process to obtain a Concealed Carry permit, Vermont has no requirements. Under HR-38, a guy from MA could just buy a gun in VT & bring it back & override MA laws."
As a practical matter, it would be difficult, if not impossible, for local law enforcement to determine whether an individual sporting a concealed weapon has a permit from another state without first "detaining" them long enough to check their ID. That, as Lehrich notes, could also get them sued, because HR-38 allows someone with a permit from another state to sue law enforcement for simply detaining them.
The legislation, if adopted, would also appear to override states' rights in gun safety conscious states, like California, where both open and concealed carry is generally prohibited, though residents may apply for a license to carry a concealed firearm. The NRA's proposed federal statute would prohibit CA law enforcement from "arresting or detaining" a NV resident with a permit, even though CA residents who could not meet the criteria for a concealed carry license under state law could be prosecuted for the same offense.
Fortunately, if the life-endangering CCRA is enacted into law, there's a good chance it will subsequently be struck down as unconstitutional, even by our current U.S. Supreme Court...
Among the stories covered on today's BradCast...with no small amount of gusto and an occasional comedic turn in an otherwise dark (and smokey) world...
And, finally today, we end with some listener e-mail on a few of the topics we've covered on recent shows from guns to the Democratic Party to Trump/Russia...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
|
On today's BradCast: Are Democrats falling for all of these rightwing traps? Or are they willingly walking right into them...because they want to? [Audio link to show follows below.]
After a few news headlines today --- Australia's parliament finally adopts marriage equality; the white Charleston, SC cop who killed unarmed black man Walter Scott receives a 20 year sentence; another school shooting, this time in NM --- we move on to Sen. Al Franken (D-MN)'s announcement today on the floor of the U.S. Senate that he plans to resign "in the coming weeks".
The stunning announcement by the popular and dogged comedian-turned-Senator comes after fellow Democrats this week called for him to step down in the wake of several allegations of sexual misconduct said to have occurred before he became a U.S. Senator. Franken, who has been a champion for women's rights during his time in the Senate, maintains he either doesn't recall the incidents at all or remembers them quite differently than reported. He has described the most recent charge leveled against him this week by an unnamed victim, said to have been a Congressional staffer in 2006, as "preposterous". Nonetheless, while expressing confidence he would have been cleared by the Senate Ethics Committee of any wrongdoing, he says he will now step aside before that probe was even able to begin in earnest.
We share excerpts of Franken's remarks on the floor today, which include, as he notes, "some irony in the fact that I am leaving while a man who has bragged on tape about his history of sexual assault sits in the Oval Office and a man who has repeatedly preyed on young girls campaigns for the Senate [in Alabama] with the full support of his [Republican] party."
So, did Democrats fall for another right-wing trap in pushing Franken out? It wouldn't be the first time. We discuss several such traps --- including one that MSNBC seems to have fallen for this week regarding progressive radio host Sam Seder, before wisely changing course two days later --- with longtime progressive writer and blogger GAIUS PUBLIUS, who wrote earlier this week about Democrats falling, yet again, into the Republicans' "deficit trap" regarding federal spending on military and social programs. We debate why and whether Democrats fall into these rightwing traps or if they willingly choose to walk into them, for some reason.
"Why is it that Democrats seem to be one foot in the Republican camp and afraid to be too much in opposition, and one foot in the Democratic camp and not so fully pro-democratic values as we'd like them to be?," Publius observes as we discuss Franken, the 'deficit trap' and more. "I would argue that it's not fear. We're not dealing with cowards here. We're dealing with people who are, in some sense, compromised by their own values. Their own values are putting them in this position where they can't please anybody."
There's lots to chew on in today's conversation on these topics!
Finally, Desi Doyen offers our latest Green News Report as wildfires continue to rage near us here in Los Angeles, and as several breaking news items, related to all of the above, break late during today's show...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
|
IN TODAY'S RADIO REPORT: Southern California wildfires continue to rage out of control amid record wind and dry conditions; Interior Secretary proposes shrinking even more national monuments; New study warns even more public lands are at risk due to fossil fuel exploitation; PLUS: Good news for renewable energy - it's now cheaper than both coal and nuclear plants... 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): Are humans in invasive species?; To prevent climate catastrophe, Democrats need to learn a ruthless lesson from Senate GOP; How a group of friends saved a stranger's house in Ventura; Alaskan oil lease sale brings few bids; VW officials gets 7 years in prison for emissions-cheating scandal; House moderates opposes ANWR drilling in tax cut bill; The most accurate climate models predict greater warming; Trump administration exceeding the energy industry’s wildest dreams; Asthma hotspots more profitable to neglect for hospitals; US mayors sign climate charter; Only 60 years of farming left if soil degradation continues... PLUS: Hurricane Harvey could leave Texas $1 billion short... and much, MUCH more! ...
On today's BradCast: Another day, still more chaos in these United States, threatening to all but drown out two major civil and privacy rights cases heard this week by the U.S. Supreme Court and covered in detail on today's show. [Audio link to full show is posted below.]
But first, Desi Doyen joins us for an update on the out-of-control wildfires in and around Los Angeles today, threatening tens of thousands of structures and many more residents, who have been forced to flee several large blazes fueled by dry conditions and record winds. Also in danger: Animals, priceless works of art and one of Rupert Murdoch's mansions.
Next, calls from fellow Democrats for Sen. Al Franken to resign blew up on Wednesday in the U.S. Senate, after another unnamed woman reportedly stepped forward to claim the Minnesota Senator tried to kiss her after a radio program back in 2006. Franken denies the claim and calls it "preposterous", but may be forced to resign anyway on Thursday, less than one week before Republicans in Alabama may elect Roy Moore, an accused child molester, to the same U.S. Senate. Desi has a few choice thoughts on the Franken matter as well.
Then, we're joined by Slate legal reporter MARK JOSEPH STERN, to discuss two important cases heard at the U.S. Supreme Court this week. Stern, who was at the Court during oral arguments for both, explains what is at stake in each, and how the Republicans' blatantly stolen seat occupied by Justice Neil Gorsuch will radically effect each case.
The first, Carpenter v. United States has to do with the U.S. Government's argument that law enforcement has the right to obtain anyone and everyone's cell phone location data, even without obtaining a warrant from a court first, in what appears to be a clear violation of the U.S. Constitution's 4th Amendment privacy rights for freedom from unreasonable search and seizure.
"The case almost sounds too crazy to be true," Stern tells me, detailing the Government's argument that "because customers voluntarily turn over the data to a third party --- their cellphone companies," which keeps records of which cell phone towers are used and by whom, customers "have no right to privacy with regards to that information."
The second, Masterpiece Cakeshop v. Colorado Civil Rights Commission is an even more insane "free speech" and "religious expression" case. It was brought by a virulently anti-gay baker in Colorado who claims his bakery shop has the First Amendment right to discriminate and refuse to sell a cake to two men celebrating their same-sex wedding. The Colorado Civil Rights Commission and the state courts disagreed with the baker, Jack Phillips of Masterpiece Cakeshop, who appealed to the U.S. Supremes. Surprisingly they took up the case after Phillips was also joined by Trump's U.S. Department of Justice over the summer.
Stern details the liberal Justices' skeptical (and even hilarious) questioning of whether Phillips' argument that he is an "artist" exercising creative free speech --- not blatant discrimination --- could also be extended to florists and hair stylists and make-up artists, among many others.
"This is an embarrassment," says Stern. "What happened here is a clear-cut case of discrimination." He also highlights one key irony underscoring the entire case: "The Supreme Court's conservative justices have really been lecturing gay people for years that they should stop turning to the courts to vindicate their rights and, instead, go through the democratic process to secure their equality under law. And here we have a case of gay people doing exactly that. Gay people in Colorado fought long and hard to change the law to protect their right to equal service in public accommodations. They succeeded. And now, those same Supreme Court conservatives who said you have to do this through democracy, are now poised to say, 'Actually you don't get to this,' and nullify the rights that they secured through the democratic process."
Depending on how Justice Kennedy decides in a likely 5 to 4 opinion one way or another --- on a case that would have been a cake walk for civil rights advocates before Republicans stole the Court majority --- what could very well result is legalization of mass discrimination of people of all races, religions and sexual orientations by any and all manner of businesses in the U.S. for decades to come...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
|