On today's BradCast, it's the 15th Anniversary of The BRAD BLOG! So --- in addition to the news of the day --- we take a precious few minutes on today's program to reminisce a bit with longtime BradBlog.com legal contributor ERNEST A. CANNING and Green News Report co-host and BradCast producer DESI DOYEN! [Audio link to full show is posted below.]

After a few words on Canning's latest article at the blog on the "Political Revolution" embodied by the new freshman class of progressive U.S. House members and the many challenges they are now facing down in D.C., we discuss some of the lessons learned and important stories covered at our little, independent, reader- and listener-supported website over the past decade and a half.

Many of the stories we broke years ago --- too numerous to link here, on everything from electronic voting concerns and voting rights to climate change and much more --- have since become part of the national consensus as well as many popular calls for reform. That, even as much (but not all) of our independently verifiable, evidence-based news coverage was marginalized or dismissed by many in the corporate media years earlier. We discuss just a few of those stories today --- too numerous to detail here --- as we look both back and forward on this latest milestone. We also offer thanks to the many who have made all of it possible over the years, from our blogging contributors, to radio affiliate partners, to various whistleblowers (publicly known and unknown) over the years.

Of course, none of it could be done without those of you support our work via BradBlog.com/Donate. So, if you haven't hit that page in a while, please consider doing so, as we operate solely on the support of folks like you. Seriously. Please consider a one-time donation or, even better, an automated monthly donation of any amount you can afford. I hate haranguing folks for this, but it really is necessary in order for us to continue our work, which we now share on a daily basis with dozens of radio affiliates around the country and world for free! Your support alone allows that and so much more that we do at The BRAD BLOG, The BradCast and the Green News Report to continue. And if I can't ask on our 15th birthday, when can I? So click here please! And thank you!

And, yes, there was also a bit of news today for a change in Washington D.C., so we also cover that on today's program. Among those stories...

• Donald Trump's federal government shutdown nears the end of it's fifth record week, as he folded like one of his own cheap and poorly tailored suits on Wednesday night in his standoff with U.S. House Speaker Nancy Pelosi on delivering his State of the Union next week.

• At the same time, federal aviation unions issued a dire warning about the ongoing effects and potential critical dangers of the shutdown.

• We share a heartbreaking story about a 10-year old girl who suffered a broken wrist in stoic silence for a week, because she was frightened to tell her father, a Dept. of Homeland Security employee forced to work without pay.

• Billionaire crypt-keeper and Commerce Dept. Secretary Wilbur Ross took to the airwaves to, essentially, call 800,000 federal workers whiners for needing to use food banks to feed their families, when they could just go out and get a bank loan instead to cover costs until the federal government reopens.

• In the U.S. Senate, Mitch McConnell finally allowed votes on measures to reopen the government, one from Rs and one from Ds. Both failed to get the 60 votes needed to overcome filibuster, though the D version --- which did not include funding for Trump's border wall --- received more votes than the R version in the GOP-majority Senate.

• And Trump's former attorney Michael Cohen learned that he may have to appear before both House and Senate Committees next month, despite threats to his family by the President of the United States.

• Finally. Desi brings us the latest Green News Report, with more bad news about the shutdown and Greenland's melting ice shelf, but some encouraging news on a huge majority of Americans who now appreciate the threat of climate change and on the amazing teen climate activist taking on the corporate powers and millionaire/billionaires at Davos this week...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Follow @GreenNewsReport...

(Or use "Click here to listen..." link below.)

IN TODAY'S RADIO REPORT: Greenland ice melt is reaching a 'tipping point', new study warns; Was 2018 a record hot year? We don't know because of Trump's government shutdown; Overwhelming majority of Americans are now concerned about climate change; PLUS: Teen climate activist Greta Thunberg shakes up World Economic Forum in Davos... 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): Climate Change Making Us Sicker And Shortening Our Lives, Doctors Say; How Brands Think They Can Make a Buck off Climate Change; Google, Facebook, and Microsoft Sponsored a Conference That Promoted Climate Change Denial; New Bud Super Bowl Ad features Wind Turbines; Bees Face Yet Another Lethal Threat In Dicamba; Illinois joins states committed to carbon-emission reduction; U.S. Oil Production Is Set to Rise as Experts Say Fossil Fuels Need to Be Phased Out... PLUS: 3 Newborn Endangered Right Whales Inspire Hope for Species... and much, MUCH more! ...

Donald Trump was busy 'making American great again' today by extending the longest federal government shutdown in the nation's history, intimidating and threatening federal criminal witnesses and their families, lying about Democrats and calling the U.S. House Speaker silly names. And --- oh, yeah --- continuing to do nothing about a very clear case of election-flipping fraud.

By and large, the only good news we could find for today's BradCast comes from the states. But we'll take what we can get. Among the stories covered on today's program:

• Los Angeles teachers returned to work after a six day strike was settled with a new contract that increases pay and decreases class size, among other things;

• In D.C., in the meantime, the government shutdown continued as new polling from AP-NORC finds Trump's approval numbers plummeting over the last month in the bargain;

• After the President insisted on Wednesday that he was coming to Congress next week to deliver his State of the Union address amid the shutdown, Speaker Pelosi called his bluff and announced she was officially postponing it until after the government was reopened;

• Also cancelled for now, the public testimony of Trump's former lawyer Michael Cohen before the U.S. House Oversight Committee that had been scheduled for the first week in February. The cancellation, according to Cohen's attorney, comes after the President's attempts to intimidate the federal witness by calling for his family to be investigated. Intimidating or threatening Congressional witnesses is a federal crime, not unlike the felony Cohen says Trump "directed" regarding hush-money payoffs before the 2016 election to women with whom Trump had allegedly had sexual affairs. Cohen could still be subpoenaed to testify before he begins a three year sentence in March;

• The U.S. House seat from North Carolina's 9th Congressional District remains vacant today, after a state judge on Tuesday declined to order the certification of Republican Mark Harris amid the ongoing investigation into absentee ballot fraud by a GOP contractor hired by Harris. The apparent fraud by the contractor, McCrae Dowless [pictured above with Harris], appears to have flipped the race in Harris' favor by 905 votes. The State Board of Elections investigating the matter was dissolved earlier this month by a court, in an unrelated case which found that Republican state lawmakers had unconstitutionally changed the make up of the Board to disadvantage the Democratic Governor elected in 2016. That was the same year that Dowless was reported to have committed absentee ballot fraud on behalf of a number of other Republicans.
  
  Despite the State Election Board's referral for prosecution to Trump's U.S. Attorney in the state in 2017, action was never taken by federal prosecutors in response to the mountain of evidence of actual election fraud discovered by the Board. That, as Trump falsely claimed that same year that massive "voter fraud" was the reason for his 3 million vote loss to Hillary Clinton in the popular vote. While Trump was lying about massive voter fraud, his U.S. Attorney in North Carolina was prosecuting a handful of cases of unlawful votes allegedly cast by some non-citizens, while ignoring the election-flipping GOP absentee ballot fraud scam and allowing it to be repeated in the 2018 contest;

• One of Trump's longtime partners in false claims of non-citizen "voter fraud" was then-Kansas Sec. of State --- and top GOP "voter fraud" fraudster --- Kris Kobach, who lost his race for Governor last year to Democrat Laura Kelly. Now, KS state lawmakers have introduced measures to revoke the prosecutorial powers they had granted to Kobach, at his years-long insistence. (He was the only Sec. of State in the nation to enjoy such powers.) The new GOP Sec. of State in Kansas wants to return the office to its original purpose of administering elections, after years of claims by Kobach that "illegal aliens" were stealing Kansas elections by unlawfully voting. The disgraced former Sec. of State failed to prosecute any such cases. But he did nab less than a dozen voters, mostly for casting ballots in two different states while owning property in each;

• Finally today, some Dems floated the idea of giving Trump some of the billions he's demanding for a border wall, but only for other forms of border security. At the same time, Republicans supporting the President's demands have never once demanded to known how that spending would be paid for, despite repeatedly telling Americans we simply can't afford money for healthcare or education or infrastructure or the environment or verifiable election systems unless we cut spending elsewhere. With that in mind, we close with a noteworthy observation by HBO's Bill Maher last weekend on what Americans should really be learning from the longest federal government shutdown in U.S. history...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

When, in 2015, former President Jimmy Carter told talk show host Thom Hartmann that the United States had become "an oligarchy with unlimited political bribery", he did so in relation to the impact of the U.S. Supreme Court's infamous 2010 decision in Citizens United --- a decision that removed virtually all restraints on corporate campaign donations. This, the 39th President asserted, has produced "a complete subversion of our political system".

"Complete" but not irreversible.

While sometimes difficult to notice amidst our Trumpian nightmare, the U.S. is, nonetheless, in the midst of what 2016 Presidential candidate Bernie Sanders described as a "political revolution" that strives to diminish the grip of corporate wealth at the polls via grassroots-funded progressive candidates who refuse to accept corporate money. Progressive activists and candidates have been succeeding by utilizing every inexpensive means of communication available to ordinary citizens that does not entail the inordinate expense of political advertising via the corporate-owned mainstream media. It is a task that has been most effectively taken on by a younger generation of adept, tech savvy activists and candidates.

While overcoming the power of corporately-powered political propaganda during the 2018 midterm election, a newly elected class of young progressives recently entered the U.S. House of Representatives only to be confronted with a second obstacle: the insidious reach of corporate lobbyists…

We pick up on today's BradCast, somewhat near where we left off on Friday, following BuzzFeed News' blockbuster report charging that Donald Trump directed his former attorney Michael Cohen to lie to federal investigators in order to obscure their work on a project to build a Trump Tower in Moscow even as Americans were voting during the 2016 Presidential election. [Audio link to today's show is posted below.]

The explosive reported allegations that the President of the United States had suborned perjury led to calls on Friday for Trump's impeachment, only to be dampened by a very rare --- and very carefully worded --- response from Robert Mueller's office, disputing "Buzzfeed's description of specific statements to the Special Counsel's office" and the "characterization of documents and testimony obtained by this office."

My guest today, legal and national security journalist MARCY WHEELER of Emptywheel, says those words were carefully selected by Mueller's office and for a very specific reason. Given all the confusion following both the report and Mueller's unusual statement late last week --- not to mention conflicting remarks from Trump's TV lawyer Rudy Giuliani over the weekend --- Wheeler helps us try to make sense of what is now known and unknown on all of this, why Mueller's office chose to speak out in response to it, and whether or not he was encouraged to do so directly by Deputy AG Rod Rosenstein, the White House or someone else on Trump's legal team.

"Buzzfeed offered some particular details that match exactly with details that Mueller has offered," Wheeler explains, while noting that the news outlet "made a news claim that Trump had ordered this lie. What Mueller is pushing back against is a legal claim." She tells me how the two interests are different, even as they may be describing much of the same events and documentation.

Moreover, she argues, "there's abundant evidence that Trump has ordered people to lie, and that subsequent to his orders to tell lies, his people have continued to tell those lies...and that's illegal. That should be a no-brainer and the press needs to start telling that story."

Wheeler, who has long been covering all things related to the Trump/Russia probe as close --- or closer --- than virtually anybody in the nation, offers much insight today on all of the above, including details on Buzzfeed's sourcing for their report (which they continue to stand by "100%"), based on information from two unnamed "federal law enforcement officials involved in an investigation of the matter," as well as "multiple witnesses from the Trump Organization and internal company emails, text messages, and a cache of other documents."

Also today, the U.S. Supreme Court, in a 5 to 4 vote, allows Trump's ban on transgender members of the military to move forward, even as ongoing cases in several lower courts have blocked his cruel directive, and even as at least one legal obstacle remains.

In slightly more encouraging --- and certainly less cruel --- news from SCOTUS today, despite pleas from the Administration the Court made no announcement of plans to hear argument on any of the many ongoing lower court cases challenging Trump's reversal of the Obama-era Deferred Action for Childhood Arrivals (DACA) program. Obama's DACA order was meant to help prevent the deportation of more than a million undocumented immigrants brought here by their parents as children many years ago. Should the Court decide to hear one of the cases, it would now most likely not happen until the session that begins in October, with an opinion coming months later. Temporary protection under DACA for so-called "Dreamers" was used over the weekend as an attempted bargaining chip by Trump, as part of an offer to Democrats in exchange for the $5.7 billion he has demanded for a border wall, leading to the longest (and still ongoing) federal government shutdown in U.S. history.

And, finally today, Desi Doyen joins us for the latest Green News Report, with news on the tragic pipeline explosion in Mexico over the weekend, toxic coal ash groundwater contamination discovered in 22 states, and how the government shutdown is setting the table for a dangerous wildfire season, even as its temporarily protecting aquatic wildlife from seismic testing during offshore drilling exploration in the Atlantic...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Follow @GreenNewsReport...

(Or use "Click here to listen..." link below.)

IN TODAY'S RADIO REPORT: Tragedy in Mexico as leaking pipeline explodes; Trump's government shutdown threatens to make U.S. wildfires even worse; Federal judge halts permits for seismic testing during shutdown; Coal ash waste contaminating groundwater in at least 22 states; PLUS: Australia's historic heat wave is melting roads and decimating wildlife... 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): Greenland's ice melt nears 'tipping point'; U.S. military report warns climate change threatens key bases; Warm pole, cold continent: Polar Vortex settles on Eastern North America; 3 years later, no one is in jail over Flint tainted water; Critics slam WOTUS economics: 'In theory, pigs could fly'; Scientists warn of climate 'time bomb' for world's groundwater; Labor promises to 'supercharge' hydrogen industry as green groups say 'no role for coal'; Judge says uninsulated power conductors caused California fires... PLUS: The Trump Shutdown is an environmental crisis... and much, MUCH more! ...

On today's BradCast, good news for voters in Wisconsin and Michigan, not nearly as good news for Donald Trump. [Audio link to show follows below.]

First up today, the White House is desperately scrambling for new distractions from Trump's unpopular, nearly month-long federal government shutdown and, of more pressing import for the President on Friday, an explosive report published Thursday night by BuzzFeed News. The otherwise uncorroborated article alleges that Trump instructed his former personal lawyer Michael Cohen to lie to federal investigators about the Trump Organization's proposed deal to build a Trump Tower in Moscow. The story cites two unnamed sources as "federal law enforcement officials involved in an investigation of the matter" and claims that Special Counsel Robert Mueller's office learned about the directive "through interviews with multiple witnesses from the Trump Organization and internal company emails, text messages, and a cache of other documents."

Cohen has admitted to lying to Congress and federal investigators about a number of matters and was sentenced last November to three years in prison after cooperating with Mueller's probe. If the story proves true that Trump instructed him to lie about the project --- which was reportedly still being worked on by Trump through June of 2016, much later than he had initially admitted --- it would, according to Democrats today, amount to evidence of the subornation of perjury as well as obstruction of justice, both impeachable offenses.

We also share the reaction today from Trump and the White House, neither of which denied the reporting initially, choosing to attack Cohen and BuzzFeed instead. Later, Trump's attorney Rudy Giuliani asserted that "Any suggestion --- from any source --- that the President counseled Michael Cohen to lie is categorically false." [POST-SHOW UPDATE: In a rare and carefully worded statement issued late Friday evening by Mueller's office, after we got off air, they disputed BuzzFeed's "description of specific statements...and characterization of documents and testimony obtained" by the Special Counsel.]

In other news today, a federal judge in Wisconsin on Thursday made short order of a challenge to new limits on Early Voting and allowable polling place IDs in the state after Republicans rammed through new restrictions during an extraordinary lame-duck session of the legislature last December, following Governor Scott Walker's re-election loss in the November midterm election. Thanks to heavy turnout, including record Early Voting numbers, Democrats won every statewide contest on the ballot and 54% of the votes for the State Assembly. But, thanks to partisan gerrymandering by state Republicans, they won only one third of its seats.

In a terse, 5-page ruling [PDF] on Thursday, U.S. District Judge James Peterson ruled it was "not a close question" that the GOP's newly enacted voting restrictions were an unconstitutional violation of voting rights, just as he had found nearly identical provisions to be, as passed by GOP lawmakers in 2016.

We're joined today by ANALIESE EICHER, one of the named plaintiffs from One Wisconsin Now's lawsuit challenging both the 2016 law and the late 2018 lame-duck version which Walker signed just days before leaving office. In addition to that court victory on Thursday, the non-partisan group had another on Friday, when a different court ruled that Republican lawmakers were in violation of the First Amendment by blocking the organization and others on Twitter. (Heads up, Alabama Sec. of State John Merrill!)

In neighboring Michigan, the new Democratic Sec. of State Jocelyn Benson announced she was seeking a settlement with Democratic challengers to the legislative and Congressional districts drawn by Republicans in that state. The previous Sec. of State, a Republican, was preparing to defend what Dems describe, with very good evidence, to be an extreme and unconstitutional partisan gerrymander after the 2010 Census. (One such piece of evidence are emails from GOP lawmakers discussing districts mean to "give the finger" to a former Democrat Congressman, and to "cram ALL the Dem garbage" into four districts so Republicans could control more seats across the state.)

A settlement with the newly seated SoS could result in new district maps drawn before the 2020 election. Last November, MI voters approved a ballot initiative that would put an independent redistricting commission in charge of drawing maps following the 2020 Census.

Finally today, we're sent off into the weekend with a pretty hilarious song about Donald Trump's wall, courtesy of satirist Randy Rainbow...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

The federal government continue to spiral towards utter dysfunction under a President on the precipice of (take your pick). But one freshman Congresswoman provides a bit of a light at the end of the Trump tunnel. [Audio link to today's complete BradCast is posted below.]

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

• Donald Trump's former personal lawyer Michael Cohen admits he paid a guy from Jerry Falwell Jr.'s Liberty University to rig online polls for Trump before he announced his candidacy in 2015. That, as Cohen is reportedly reconsidering his decision to testify to Congress next month in advance of his three year prison sentence, due to threats (witness tampering? intimidation?) by the President against him and his family. Trump failed to report the $50,000 payoff to rig polls to the FEC, which is yet another potential federal felony and/or article of impeachment for the sitting President. While the story should surprise no one at this point (remember, he also paid extras to cheer him on while announcing his candidacy at Trump Tower that year), its somehow still stunning and disturbing as yet another indication of just what Trump was likely willing to do, at any cost, to win in 2016;

• Speaking of what Trump and his campaign were willing to do, his new personal lawyer, Rudy Giuliani, may have broken the Internet after his appearance on CNN Wednesday night, in which he moved the "collusion" goal posts by falsely claiming that neither he nor the President ever claimed his campaign --- if not Trump himself --- "colluded" with Russia. In fact, contrary to Giuliani's ridiculous assertions, both men claimed repeatedly that nobody on the Trump Campaign was involved in such an activity. As of Wednesday night, it seems, Trump's lawyer is officially backing off that claim on behalf of the President...for some reason;

• Reverberations and consequences of Trump's nearly-month long federal government shutdown continue. As House Speaker Nancy Pelosi and a Congressional delegation were preparing to leave today for a secret trip to visit U.S. troops in Afghanistan, Trump, in retribution for Pelosi's threat to postpone his scheduled State of the Union Address during the shutdown, rescinded permission for the use of a military plane set to take Pelosi and the others on the overseas trip. You'll also be shocked to hear he lied about it all too;

• Meanwhile, as more Congressional Republicans --- and even a top former Administration official --- are questioning the wisdom of shutting down the federal government over Trump's demand for $5.7 billion to begin building his southern border wall, senior citizens and people with disabilities are facing the threat of potential eviction in HUD and USDA subsidized housing across the country;

• At the same time, the Administration is calling some 50,000 furloughed federal employees back to work without pay at agencies such as the FDA, FAA, and at the IRS as tax season begins;

• But, speaking of taxes, there is a reason that Republicans are freaking out --- and lying --- about the recent proposal floated by Rep. Alexandria Ocasio-Cortez (D-NY) to raise the nation's top tax bracket to 70% on those earning more than $10 million: the proposal is wildly popular --- by double-digit margins --- across virtually every demographic and every area of the country. Thus, folks like Wisconsin's failed former GOP Gov. Scott Walker was out bragging on social media this week about lying to school children about how AOC's proposal would actually work, who would and wouldn't be affected by it, and by how much;

• Finally, Desi Doyen joins us for the latest Green News Report, as Dems grill the Administration's new nominee/coal lobbyists tapped to head an Environmental Protection Agency (EPA) where pollution prosecutions have plummeted since Trump took office, while Australia faces yet another record heat wave, and as the business world slowly begins waking up to the mounting threat of climate change...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Follow @GreenNewsReport...

(Or use "Click here to listen..." link below.)

IN TODAY'S RADIO REPORT: Senate Democrats grill Trump EPA chief nominee Andrew Wheeler in confirmation hearing; 'Code red' as historic heat wave grips Australia; EPA criminal actions against polluters hit 30-year low; Antarctica's ice sheets melting 6 times faster than in 1980s; PLUS: The business world is waking up to climate change impacts... 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): Some of the biggest green groups have cold feet over "Green New Deal" document; Cement: the massive CO2 emitter you may not know about; Permafrost melt, the most dangerous climate feedback loop, is speeding up; Trump replacement for Obama Clean Power Plan worse than doing nothing; Shutdown threatens to make this year's fire seasons even worse; Experts warned this floating garbage collector wouldn’t work. The ocean proved them right; Climate change is making it harder for young people to become farmers; Most coffee species at risk of extinction due to climate change, scientists warn; Indonesia lands remarkable victory with aggressive conservation measures... PLUS: Less beef, more beans - experts say the world needs a new diet... and much, MUCH more! ...

We start off today's BradCast with two encouraging legal rulings from the courts with our guest today, Slate legal reporter MARK JOSEPH STERN. [Audio link to complete show follows below.]

First up, the damning opinion issued on Tuesday by a U.S. District Court judge in Manhattan finding Treasury Secretary Wilbur Ross repeatedly violated the law --- and lied about his reasons for doing so --- in adding a controversial question on citizenship to the 2020 U.S. Census. Stern joins the federal judge in calling out Ross' lies about adding the question supposedly at the request of the the Dept. of Justice to help enforce the Voting Rights Act (rather than as a blatant attempt to rig the Census in hopes of boosting GOP political power during the next round of redistricting).

"By my count, Judge Furman held that Commerce Secretary Wilbur Ross violated the law by adding the citizenship question in at least six different ways," Stern observes. "When you add them all together, it is a sort of symphony of lawlessness that cannot be ignored by the courts."

"Ross just lied. He lied to Congress. He lied in court filings about why he added this citizenship question. It is very clear, black letter law, that when a federal agency like the Commerce Department wants to take some kind of formal action, it has to give the real and truthful grounds for its decision, it has to justify it truthfully. Ross just didn't do that here." He goes on to explain, however, that, despite the encouraging ruling yesterday, the Republicans' stolen Supreme Court will ultimately enjoy the final say on the matter. He also shares his thoughts on whether Ross should be and/or will be criminally prosecuted for lying to Congress and the courts about the issue, as made clear by the federal court ruling.

Then, Stern offers some surprisingly good news from SCOTUS today regarding a unanimous(!) opinion from the Court supporting the right of some workers to bypass costly arbitration clauses and file class action lawsuits against employers when they are ripped off by them --- though only in certain circumstances. Still, given the unanimous opinion in this case, authored by Neil Gorsuch of all Justices, we'll take it!

Next, we review Tuesday's confirmation hearing in the U.S. Senate Judiciary Committee for Donald Trump's Attorney General nominee William Barr. Stern warns that his troubling record alone --- "Barr takes a wildly expansive view of executive power and authority" --- might have been enough to derail his nomination in any other time, but for the fact that so many Democrats and Republicans alike are now desperate to replace Trump's wildly unqualified (and, arguably, unlawfully appointed) Acting AG Matthew Whitaker.

Barr, who served briefly as AG in 1991 during the George H.W. Bush Administration (where he successfully pushed for Presidential pardons for a number of top officials involved in the Iran-Contra scandal), promised independence from the White House and that he would allow Special Counsel Robert Mueller to complete his probe into Team Trump's alleged involvement with Russia and obstruction meant to cover it up. However, Barr equivocated on a number of points related to the probe, such as whether he'd recuse himself from overseeing it if DoJ ethics officials advised him to do so, and whether he would release Mueller's report at all to the public.

Stern shares insight and response to a number of other troubling moments from Tuesday's hearings, such as when Barr responded to a question from Sen. Richard Blumenthal (D-CT) about whether a sitting President could be indicted and when he was asked directly by Sen. Amy Klobuchar (D-MN) about whether the Justice Department, under his command, would "jail reporters for doing their jobs". Barr's response on the former was questionable, at best, and downright chilling on the latter, from the man tapped to be the nation's top law enforcement official. "There's just a right and wrong answer here," Stern quips, "and he gave the wrong one."

Finally today, the State of the Union Address to a joint session of Congress previously scheduled for later this month may now be cancelled amid the ongoing historic federal government shutdown, as House Speaker Nancy Pelosi rescinded her invitation to Trump today. And, in Syria today, four Americans --- two U.S. troops and two civilians --- were killed and three others wounded after a bombing claimed by ISIS in a crowded area. The attack in the northern city of Manbij comes on the heels of Trump's claim to have ordered the withdraw of all U.S. troops in country, based on his assertion that "we have defeated ISIS in Syria." The President's claim --- which helped lead to the resignation of Defense Secretary James Mattis before Christmas --- was, remarkably, repeated by Vice President Mike Pence today during an address at the State Department several hours after the news of the deadly attack on Americans and others in the war torn nation had become public...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Good news and not-terrible news on today's BradCast, along with an interesting proposition for the state of California in a climate changed world. [Audio link to show follows below.]

We start off with the good news today, courtesy of a federal court in Manhattan, where a U.S. District Court Judge blocked the Trump Administration's attempt to add a question on citizenship to the 2020 Census. Judge Jesse Furman's 277-page ruling [PDF] slammed Commerce Secretary Wilbur Ross for violating the federal Administrative Procedures Act (APA) and for offering "pretextual" reasons for adding the question against the wishes of career Census Bureau administrators. Ross had falsely claimed the question was "well tested" and needed by the Dept. of Justice to better enforce the federal Voting Rights Act.

In fact, Republicans have long sought to add the rig the census by adding the question in hopes that it would decrease responses from immigrant communities to help shift the balance of power during decennial redistricting from Democratic-leaning urban areas to more Republican-leaning rural areas. Furman's ruling called out Ross for lying and even responded to an earlier statement on the case from Supreme Court Justice Neal Gorsuch. Several other legal challenges await, however, including a separate case on the same matter that will be heard by the Supreme Court in February.

Meanwhile, William Barr, Trump's nominee for Attorney General, testified at his confirmation hearing before the U.S. Senate Judiciary Committee on Tuesday. He claimed he wanted to allow Special Counsel Robert Mueller, who he cited as a friend, to complete his investigation into Trump/Russia, though would not fully commit either to publicly releasing Mueller's full report, nor to recusing himself from oversight of the probe, even if DoJ ethics officials recommended that he should. Barr, a former AG under George H.W. Bush, wrote and helped circualate a lengthy memo [PDF] last year undercutting the validity of Mueller's investigation.

All of that, as Trump's record-length federal government shutdown continues today, with so-called moderate Democrats in Congress declining invitations to the White House in response to Trump's latest effort to drive a wedge between them and Speaker Nancy Pelosi on funding for his southern border wall. The shutdown grinds on as hundreds of thousands of federal employees are furloughed or forced to work without pay, with travelers now facing long lines at TSA checkpoints at major airports, and as some federal employees are being forced to turn to charity food banks to help feed their families.

Next, with California's largest privately run utility company, Pacific Gas and Electric (PG&E) announcing plans to seek bankruptcy protection this week, after facing some $30 billion in potential liabilities for massive, deadly wildfires across the state over the past two years, some have suggested the state should simply buy up the company, which was found to have been responsible for sparking many of the recent record fires by failing to adequately maintain its equipment and power lines.

Los Angeles Times' Pulitzer Prize winning journalist and business columnist MICHAEL HILTZIK joins me today to discuss the issue, as PG&E seeks state protection from liability in hopes of passing costs on to rate-payers. The company, which serves some 16 million customers in Northern California, was once valued at more than $30 billion, but with its stock price now gutted after the bankruptcy announcement and previous criminal convictions it is currently valued at just about $3.5 billion. California could end years of repeated company mismanagement, Hiltzik explains, by purchasing the company or its most valuable assets, at --- pardon the pun --- fire sale prices.

"I wrote a column a year ago saying, 'it's time to take the franchise away from PG&E and put it out for bid.' Let somebody else come in and show that they can operate all of these functions much better, more efficiently, cheaper, and without these constant [failures]. PG&E is like the Wells Fargo of the utility business. It can't seem to do anything right, and scandals continue to crop up," Hiltzik tells me. "My case against PG&E goes way back to the proposition they tried to sneak across through the voters many, many years ago to basically eliminate competition from public power consortiums. So PG&E has just been a bad actor. They have been absolutely atrocious operators."

Hiltzik discusses the pros and cons of what would be a radical, if potentially profitable, investment by the state of California, and how the company's failures and need for public bailout portend similar threats to other fossil fuel-reliant firms, insurance companies and states as the increasingly brutal impacts and costs of climate change undercut profitability.

"We really need to have a debate --- and a debate in the near term --- about who should own these utilities and how they should be operated," he argues. "California has probably done more than most other states in starting to come to grips with [climate change], because at least we've been developing information about what those impacts will be. But nobody has done enough planning up to this point."

Finally, Desi Doyen joins us for the latest Green News Report with, as usual, no shortage of disturbing news...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Follow @GreenNewsReport...

(Or use "Click here to listen..." link below.)

IN TODAY'S RADIO REPORT: Intense winter storms wreak havoc from coast to coast; Trump's ongoing government shutdown threatening public health and safety; 2018 was the hottest year on record for the world's oceans, putting the planet in hot water; PLUS: California's largest electric utility to file for bankruptcy in wake of catastrophic wildfires... 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 we living through climate change’s worst-case scenario?; EPA criminal action against polluters hits 30-year low; Australia extreme heatwave: 'code red' issued; How China’s big overseas initiative threatens global climate progress; Detroit Auto Show has SUVs, horsepower, but electric cars are few; Water desalination plants harm environment, U.N. report finds; New industry group pledges $1B to combat plastic pollution; One fight the Green New Deal should avoid for now; Trump’s executive order will aggressively cut more forest trees... PLUS: Air pollution is as bad as smoking when it comes to miscarriage risk... and much, MUCH more! ...

On today's BradCast, it's another one of those impossible Mondays catching up with a weekend full of news in the Trump Era, and the seemingly impossible fight on behalf of voters who seek actually verifiable election results (which require HAND-MARKED paper ballots, according to a new letter from two dozen computer science, security and voting system experts.) [Audio link to show posted at end of article.]

Before we get to our guest today on that crucial issue which threatens elections oversight from Georgia to Los Angeles, a bunch of news and quick headlines from across the country. Among those headlines...

Winter weather crippled much of nation over the weekend and into the beginning of this week, from heavy rains and flash floods in recently fire-ravaged California, to monster snowfall in the Midwest, to icy conditions in the East. The latter succeeded in shutting down even parts of the federal government in D.C. that weren't already closed due to Donald Trump's continuing partial federal government shutdown --- now the longest in U.S. history --- to demand $5.7 billion for his promised, pointless and ill-considered southern border wall.

Decidedly not shutdown in D.C. this week are disturbing new revelations, as reported by New York Times late Friday, that the FBI had opened a counterintelligence probe of the President of the United States in 2017, to determine whether Trump was either a witting or unwitting agent of Russia. That, as Trump's Attorney General nominee William Barr, on Monday, released his prepared opening remarks in advance of his confirmation hearings this week in the U.S. Senate Judiciary Committee. Despite his previous criticism of Special Counsel Robert Mueller's probe and his argument that Presidents cannot be investigated for certain things, Barr now says the Special Counsel investigation should be allowed to finish and its report should be made public.

In California, the state's largest private utility company, Pacific Gas and Electric (PG&E), announced their intention to seek bankruptcy protection in light of tens of billions of dollars in potential legal liability for maintenance failures that helped spark a number of the historic and deadly fires that crippled the state during last year's record wildfire season. And, in Los Angeles, some 35,000 teachers at the nation's second-largest school district walked out, striking to demand higher pay and smaller class sizes.

Next, we turn to some election news, with New York state, one of the most restrictive in the nation when it comes to voting access, finally moving to update its system with a package of bills this week that include early voting, vote-by-mail, same-day voter registration and other long-overdue reforms.

In Georgia, meanwhile, two dozen of the nation's top Computer Security and Voting Systems experts issued a critical landmark letter [PDF] last week to the state's Secure, Accessible and Fair Elections (SAFE) Commission, essentially begging the panel, convened by former Republican Sec. of State and incoming Governor Brian Kemp, to not move the state's voting system from 100 percent unverifiable touchscreen Direct Record Electronic (DRE) systems to similarly unverifiable touchscreen Ballot Marking Devices (BMD), which print out a computer-marked and barcoded summary of voters' ballots. They call instead for hand-marked paper ballots, which they describe as "the best method for recording votes in public elections."

The letter notes that BMD systems are more expensive than hand-marked paper ballot systems but, more importantly, cannot be audited after an election to determine whether the results reflect the actual intent of voters. Despite the scientists crucial recommendation last week, and every comment --- other than from election officials and private voting system vendor lobbyists --- made by the public at last week's SAFE Commission hearing, Kemp's panel shamefully voted to recommend BMDs to state lawmakers.

But, while that virtually inexplicable action moves ahead in the Peach State under Republican rule, the nation's largest voting jurisdiction, Los Angeles County, under Democratic rule, has already decided to move to a pricey and similarly unverifiable touchscreen BMD system before the 2020 Presidential election!

We're joined today by MARILYN MARKS, a national leader in the fight for HAND-MARKED paper ballot systems. She heads up the non-partisan Coalition for Good Governance --- which filed several landmark lawsuits last year against Georgia's current unverifiable voting systems and in hopes of preventing their new ones.

"The point is a very, very simple point that the SAFE Commission --- and apparently L.A. --- pretends that they are missing," argues Marks. "They all talk about how they want elections that can be audited. Well, when you use these Ballot Marking Devices, the election cannot be audited, because the source document [the computer-marked, barcoded ballot] is not an original transaction. It cannot be audited. Therefore you cannot audit the results."

Making matters worse, even if every single voter manages to correctly verify the computer-printed, human-readable summary of voter selections, "what's actually cast and the actual official vote is a barcode. Now, none of us can read barcodes. I don't know what vote I'm actually casting. I am casting a barcode, but what in the world does that barcode actually say? That, to me, is a Constitutional violation."

We discuss that and the many other dangers of BMD systems being implement across the country --- with little or no pushback in places like L.A. --- as well as the differences between the proposed new systems from private vendors in GA and the publicly-owned one already coming to L.A. County. In short, despite a number of explanations offered to us by the County's Registrar-Recorder/County Clerk Dean Logan (shared on today's program) Marks argues there is little, if any, difference in the lack of verifiability and auditablity of such voting systems.

Finally, we take just a few listener calls on all of the above on our way out today...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)