Eyewitness says Syria anticipated US missile strikes

On today's BradCast, the world and the U.S. Congress respond to Trump's bombing of Syria earlier this morning, even as Republicans in the Senate complete their unprecedented theft of the U.S. Supreme Court. In a related matter, an appellate court issues a landmark expansion of the Civil Rights Act. [Audio link to show is posted below.]

While many in the corporate media are joining a number of world leaders and members of Congress in celebrating Donald Trump's cruise missile attack on a Syrian air base days after an horrific chemical attack in the country, Russia is citing the action as a "significant blow" to U.S.-Russia relations and an act of "aggression" in violation of international law. Moreover, a number of Congress members, both Republican and Democratic from both chambers, are similarly citing Trump's attack as "an act of war" that is unlawful under the U.S. Constitution, as well as ill-considered and dangerous on several levels. Congress itself has now scuttled away for a two-week holiday recess, after refusing to even debate U.S. action in Syria more than 4 years, in the wake of some 400,000 deaths in the war-torn country.

At the same time, before heading home for the holidays, as the nation, the media and world were otherwise distracted today, Majority Leader Mitch McConnell and Senate Republicans finalized their historic judicial coup by confirming "Justice" Neil Gorsuch to the Supreme Court with a simple majority after unilaterally changing Senate rules to kill the right to filibuster SCOTUS nominees in the wake of their year-long refusal to hold a hearing or a vote for Barack Obama's nominee Judge Merrick Garland.

Then, following a landmark 8 to 3 bi-partisan Civil Rights Act ruling this week by the full 7th Circuit Court of Appeals (where most of the judges were appointed by Republicans and are considered quite conservative), Mark Joseph Stern, legal reporter for Slate, joins us to explain why he sees the decision as a precedent-setting "thunderbolt" for civil rights and the LGBTQ community.

The case involves a community college which was found sued for having discriminated against a woman in its employment practices on the basis that she was gay. The ruling, as Stern details, is the first time an appellate court has extended the Civil Rights Act to include protections against workplace discrimination on the basis of sexual orientation in addition to simply race and gender.

"What the 7th Circuit majority said was, look, it is logically incoherent to remove sexual orientation discrimination from the concept of sex discrimination. When an employer discriminates against a woman for dating another woman, he is discriminating against her explicitly on the basis of her sex. If she were a man dating a woman, then she would not face discrimination. If she were a woman dating a man, then she would not face discrimination. It is only because she is a woman and she is associating intimately with other women that she faces this kind of discrimination," Stern explains.

The case is likely to have broad national implications and will be "impossible to ignore" at the Supreme Court, says Stern. It's also important thanks to Reagan-appointed conservative Judge Richard Posner's opinion in which he argues that courts, as Stern short-hands it, "should interpret statutes in a manner that 'infuses' them 'with vitality and significance today' rather than relying on their original meaning. Posner contrasted this theory with the conservative 'originalism' championed by Justice Antonin Scalia." That is no small matter as it's being sung out by Posner, the Supreme Court's most cited federal jurist of the 20th century. (And, incredibly enough, even the far-right activist Judge Frank Easterbrook joined the majority in this case!)

Stern also discusses what we should expect when and if the case is heard by what he also considers to be a "stolen" Supreme Court in the wake of the GOP's illegitimate confirmation today of Gorsuch.

Finally, Desi Doyen joins us with the latest Green News Report with an unconscionable corporate media failure, and as the GOP-controlled U.S. House Science Committee shamefully uses McCarthy-esque tactics to put science itself on trial...

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Today on The BradCast, Republican Senate Majority Leader Mitch McConnell's theft of the U.S. Supreme Court is nearly complete after his use of the so-called "nuclear option" today and his blatant, continuing lies in support of it. Also, concern grows about Donald Trump's reaction to this week's chemical attack in Syria on a dark day for both the country and the world. [Audio link to show follows below.]

As of today, it's almost done. McConnell's scheme to steal the Court majority for a generation on behalf of the GOP is now virtually a fait accompli with his procedural maneuver to kill the use of filibusters for SCOTUS nominees in light of the Democrats' attempt to block the confirmation of Judge Neil Gorsuch. The Senate rules change comes as McConnell continues to lie about his unprecedented obstruction of Barack Obama's nominee for the same seat, Judge Merrick Garland, for more than a year following the death of Justice Antonin Scalia in February of 2016.

Constitutional law expert Ian Millhiser, author of a recent book on SCOTUS and its widening political divide, joins us today to help explain what all of this is likely to mean for the Senate, the Court and the country in both the short and long-terms. None it very good, I'm afraid.

"I'm not the least bit surprised," that there were not three Republican Senators willing to step forward today to block McConnell's rule change with a simple majority vote, Millhiser, the Editor of ThinkProgress Justice, tells me. "After you make the deal with the Devil that leads to you supporting Trump in the White House, going one step further and saying 'we're also going to change the rules of the Senate' - that's not too heavy of a lift all of a sudden."

"It's absolutely a stolen seat. This is the Merrick Garland seat," he charges, referring to the Republican's years-long blockade of Garland and failure to even hold hearings, much less an up or down vote. "The block of Democrats who voted against Gorsuch represent more than 53% of the nation. So, the only reason this guy is going to be on the Supreme Court is because a President who lost the popular vote by nearly 3 million votes nominated him, and a group of Senators who represent a minority of the country, are going to vote to confirm him."

Millhiser also offers his thoughts on whether the filibuster for legislative actions may be next on the GOP Senate's chopping block, whether Democratic then-Majority Leader Harry Reid made a mistake by nuking the filibuster for non-SCOTUS judicial nominations back in 2013 (and we discuss what actually happened that led up to it), and what, if anything, Americans can now do to try and reverse the dangerous course the nation is clearly on.

Speaking of dangerous courses...Also today: Trump bangs the drums of war in response to the horrific chemical attack in Syria this week, despite his previous insistence that Obama and the U.S. stay out of the matter (even after an even more deadly chemical attack there in 2013) and despite the lack of international investigation, to date, as to who and what was behind the incident. And, finally, we close with a bit of good-ish news (the best we can find on a grim day) concerning a significant change in the way Americans, including Republicans, now view the Affordable Care Act in the five short months since last year's election.

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IN TODAY'S RADIO REPORT: Corporate media failed to inform the public on climate change right when we needed it most; Even Fox News pushing back on Trump Administration's climate denial; EPA sued for refusing to ban toxic pesticide that harms children and farm workers; PLUS: Scientific integrity on trial and under attack in the U.S. House of Representatives... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): National Geographic Articles in the Year 2030; Trump EPA Moves To Dismantle Programs That Protect Kids From Lead Paint; Trump Boosts Coal As China Takes The Lead On Climate Change; New York, Other States Challenge Trump Over Climate Change Regulation; Australia Could Be Set To Receive New Wave Of Climate Refugees; India's Ganges Clean-Up In A Shambles, Modi Intervenes; U.S. Would Slash EPA Vehicle Testing Budget Under Trump Plan; Lead Exposure Alters Course Of Children's Lives Decades Later: Study... PLUS: Just four years left of the 1.5C carbon budget.... and much, MUCH more! ...

On today's BradCast: With Republicans in the U.S. Senate on the verge of completing their brazen and historically unprecedented theft of the U.S. Supreme Court majority for a generation --- and still grimmer news elsewhere around the world --- we're happy to cover an inspiring David v. Goliath story about a media activist who took on a major media conglomerate (and the FCC) and seems to have won! At least mostly. [Audio link to show follows below.]

Former award-winning broadcast journalist turned media reformer Sue Wilson of Media Action Center joins us today to detail an encouraging ending to what began ten years ago as an unspeakably tragic story. After the death of a listener, following a stunt contest on Entercom Communication's KDND 107.9 "The End" in Sacramento, and a trial finding the company liable for that death, Wilson decided to file a Petition to Deny renewal of the company's license with the FCC for its 50,000 watt powerhouse frequency.

The FCC has not revoked any corporate license to use our public airwaves in the federal agency's memory. What happened next, however, was detailed over the weekend by Dan Morain at the Sacramento Bee, by Wilson herself today at The BRAD BLOG, and, in person on today's BradCast, where she details the difficulties she had in finding any of the larger, more established media reform organizations or attorneys willing to join her effort.

This story is a remarkably encouraging (and timely) reminder that, yes, one person actually can make a difference by taking on both corporate giants and intransigent federal agencies --- and win! But, as importantly, it's also an important reminder that those for-profit corporations entrusted with controlling our public airwaves, still have a legal responsibility to use those airwaves in the public interest.

Also today: Breaking down the GOP lie at the center of their SCOTUS theft (and what you can still try and do about it); Steve Bannon dumped from the National Security Council; The first city council in the nation (that we know of) adopts a resolution calling for the impeachment of Donald Trump; a Republican Governor bans fracking in his state; some U.S. House special election news; and Desi Doyen joins us with the latest Green News Report...

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Over the weekend, Dan Morain, editorial page editor at Sacramento Bee, wrote an article about what I've been working on, and writing about here at The BRAD BLOG and elsewhere, for many years now.

Morain's article starts this way:

It's a very nice article, that begins with a tragic story. That story, however, now has at least a somewhat encouraging ending for, yes, We the People.

Here's what happened...

On today's BradCast, a story out of Georgia serves as a jarring reminder that we'd better not wait until 2018 to be concerned about the integrity and public oversight of our electronically tabulated elections. Also, the political blame game is underway regarding the Republicans' planned use of the "nuclear option" in the U.S. Senate. [Audio link to show posted at bottom of article.]

Early last month, someone reportedly hacked into the voting records database at Kennesaw State University's Center for Election Systems, which is contracted to maintain and program all of Georgia's 100% unverifiable touch-screen Diebold voting systems and electronic poll books. The state still uses the same unverifiable 2002 voting systems that, as we reported more than a decade ago, were hacked in a minute's time by researchers at Princeton University, where they were able to implant a virus that could pass itself from machine to machine and flip the results of an election with little or no possibility of detection.

The recent hack at Georgia's KSU, which the Atlanta Journal-Constitution described at the time as possibly compromising some 7.5 million voter records, resulted in a quiet FBI investigation, and comes as special elections are about to be held in a number of states to fill U.S. House seats vacated by Republican members of Congress tapped to serve in the Trump Administration.

One of those special elections is in Georgia on April 18, where the contest to fill GOP Rep. Tom Price's seat in CD-6 (he's now Trump's Secretary of Health and Human Services) is drawing both national attention and a lot of money from both Democrats and Republicans. With a suprisingly popular 30-year old Democrat, Jon Ossoff, poised to potentially upset a splintered GOP field in the otherwise solidly Republican district, the race is being regarded as a potential bellwether for the 2018 elections.

Longtime computer scientist and voting systems expert Barbara Simons of VerifiedVoting.org joins me today to explain the ongoing concerns about the still-mysterious Georgia hack, Verified Voting's effort to get answers about it from GA's Republican Sec. of State Brian Kemp; the group's request to have him to offer paper ballots to voters in the wake of the reported "massive data breach"; and this weekend's similarly cryptic news that the FBI has now concluded its investigation.

As we discuss what we know, and don't, about the GA hack, Simons, co-author of Broken Ballots: Will Your Vote Count? and a member of the U.S. Election Assistance Commission's Board of Advisers since 2008, tells me that "it's a national scandal" that the state is still using those unverifiable systems for all elections.

Simons had also joined a number of renowned voting systems experts to plea with the Hillary Clinton campaign last year to seek a public hand-count of the Presidential election in several states, given questions about the exceedingly close race and the surprising results in a number of them. When Clinton declined to file for that common sense oversight, Green Party candidate Jill Stein responded affirmatively to the same plea. Nonetheless, as we also discuss today, hand-counts in Wisconsin, Michigan and Pennsylvania were largely blocked, thanks to efforts by Team Trump, state Republicans and even some Democrats.

We discuss all of that, the years-long effort to institute legislative safeguards against electronic voting and computerized tabulation systems; and why even paper ballots tallied by computers leave the public uncertain about the accurate results of elections. "Paper ballots in and of themselves are not sufficient. That lesson was very clear from the 2016 election," she tells me, as I ask about what I see as the need to publicly hand-count hand-marked paper ballots on election night in order to restore public confidence and oversight of results. "The problem is we have some very bad laws," she responds, offering her thoughts on legislative changes that are needed, short of ditching the computers entirely, in order to respond to what she sees as "a national security issue" in our elections.

Also on today's show: Republican Senators lament the idea of killing the filibuster for U.S. Supreme Court nominees...as they prepare to vote to kill it anyway; The NCAA falls for North Carolina's "repeal" scam of its anti-LGBT law; and Trump repeals an Obama-era rule seeking to keep bears from being hunted and killed during hibernation in Alaska...

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IN TODAY'S RADIO REPORT: Hundreds dead and missing as historic rains cause catastrophic flooding in Colombia; Flint, MI residents force state to begin replacing lead-tainted water lines; Blue states take on Trump over energy efficiency standards; Coal pollution linked to high risk of low birth-weight babies; PLUS: New data shows Arby's and car washes employ more people than the US coal industry... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): What happens if the EPA is stripped of its power to fight climate change?; Greenland's Coastal Ice Passed a Climate Tipping Point 20 Years Ago; Tesla races past Ford in market value, puts GM in headlights; Even Fox News slams EPA chief’s climate denial; U.S. Kids Have Higher Autism Risk Under New EPA Rule; NY Judge Tosses Exxon Challenge to Climate Change Investigations - For Now; Standing Rock's Pipeline Fight Brought Hope, Then More Misery; New EPA Documents Reveal Even Deeper Proposed Cuts To Staff, Programs... PLUS: 'Nightmare' Yurok Salmon Fishery Collapse... and much, MUCH more! ...

On today's BradCast, Democrats now have the votes needed to filibuster Trump's SCOTUS nominee and the President faces still more lawsuits against his climate, energy and environmental policies --- and his pretend attempt to revive coal jobs. [Audio link to show follows below.]

It's official, as of this afternoon. Democratic Senators have announced enough votes opposing Judge Neil Gorsuch, Trump's nominee for the U.S. Supreme Court seat stolen by Republicans, to successfully hold a filibuster and block the nominee in the U.S. Senate. 42 Dems are now on board (enough to prevent the 60 votes currently needed to end a filibuster.) So, it's now up to Senate Majority Leader Mitch McConnell (R-KY) and the rest of the Republicans to use the so-called "nuclear option" to do away with the filibuster rule for SCOTUS nominations all together. Just three Republican defections, however, would prevent the filibuster rule from being scuttled by majority vote.

In the meantime, the opposition to Trump's faltering attempts at policy making --- particularly policies meant to try and roll back Barack Obama's environment and climate legacy --- continue to face new legal challenges. Today, a number of state Attorneys General announced their intention to challenge the Administration's costly suspension of energy efficiency standards; last Thursday, environmental groups filed suit to block the State Department's approval of the controversial KeystoneXL pipeline; and, just one day after Trump's so-called "Energy Independence" executive order was signed on Tuesday, Earth Justice sued to overturn Trump's lifting of Obama's moratorium on new coal leases on public lands and a review of royalty rates paid under the program to the government by the dying coal industry (which, as we also discuss, now employs fewer workers than Arby's, car washes or even U.S. theme parks!)

Jenny Harbine, the lead attorney in Earth Justice's case [PDF] against the Administration, joins us to explain the new lawsuit, as well as the one the same group filed against the Obama Administration in 2014, which led to the moratorium in the first place.

"Trump made a lot of campaign promises to his cronies in the coal industry," she tells me. "But the President has a legal obligation, that courts have enforced for decades, to engage in rational decision-making, to make decisions that are based on science. And here it couldn't be clearer that the directive that came down from Trump [to lift the moratorium] last week, was based solely on politics, and not on science."

She explains how the policy not only "flies in the face of the reality we all face as a nation and a world on climate change," but also how Trump's various claims at attempting to help coal miners is as likely to ultimately harm them, by keeping the federal government from investing in investing and retraining workers for the now-unstoppable renewable energy future.

"Trump's short-sighted attempt to revive a dying coal industry through subsidized leasing" is little more than "an attempt, really, to line the pockets of coal industry executives" while causing "real harm to real people and communities that are depending on the federal government to look after our interests," Harbine explains, adding: "I fear that those workers will be left in the dust."

Finally today, bad news for 180,000 low-income Kansans hoping to receive health care under Republican rule in the state, and the L.A. Times Editorial Board issues a remarkable series of anti-Trump editorials...

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In August of 1822, James Madison, one of this nation's Founding Fathers, famously argued: "Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives."

On the other hand, on January 6, 2017, a joint Intelligence Community Report ("IC Report"), entitled "Assessing Russian Activities and Intentions in Recent US Elections" explained: "The Intelligence Community rarely can publicly reveal the full extent of its knowledge or the precise bases for its assessments, as the release of such information would reveal sensitive sources or methods and imperil the ability to collect critical foreign intelligence in the future."

There is a core conflict seen in those two quotes. What we see proclaimed in the IC Report is a direct collision between self-proclaimed national security interests and the public's right to know.

There is no question that Congress has both the Constitutional right and obligation to investigate "Russia-gate". It does so in accordance with its exceedingly broad powers of oversight that include the ability to "provide new statutory controls over the executive," executive accountability and to exercise its exclusive power of impeachment.

It is really not controversial to suggest, as did The Chicago Tribune, Sen. John McCain (R-AZ), and Adam Schiff (D-CA), that Congressional hearings be conducted either by an independent or select committee. But even if a reasonable level of investigative objectivity and integrity is achieved, the thorny question remains as to the extent to which such hearings, and testimony from witnesses, should be carried out in public.

It is a difficult issue that pits the public's right to know against (a) avoiding disclosure of classified information, and (b) compromising the ability of federal prosecutors to secure criminal convictions in their own parallel investigations...

Today, the President of the United States was ordered to pay $25 million in a fraud settlement to some 4,000 Americans. But, incredibly enough, that news has been barely noticed.

On today's BradCast [audio link to show posted at end of article], as the frenzied pitch of investigation into Team Trump and Russia ticks up a notch from 10 to at least 11, a former CIA Director bothers to notice the vulnerability of our nation's electronic voting systems...but fails to appreciate, or even understand, the actual threat. And North Carolina picked a very strange way this week to "celebrate" the 7th International Transgender Day of Visibility. And, this time, both Republicans and Democratic elected officials share the shame.

First up, a quick thought on today's federal court approval of a settlement requiring President Donald Trump to pay $25 million to those defrauded by his Trump University scam.

Then, James Woolsey, Bill Clinton's former CIA Director and short-term member of Trump's transition team, tells CNN that the media is focused on "the wrong issue" in the Trump/Russia investigations. Never mind his "government by tweet" or questions about the Republican Chair of the House Intel Committee caught colluding with the White House amidst their investigation. The real concern, he argues, should be that "25 percent, approximately, of our voting machines in the United States do not have paper backups, so if the electronics have been tampered with, you will never know, and you can’t do a recount. ... The rest is very minor by comparison."

He has more to say on the matter, some of which he is right about, some of which he is either wildly naive, misinformed, or hoping to misinform the public. So I have a few things to say myself in response to it all, as you might imagine.

Next, facing the loss of billions to their economy, North Carolina Republicans on Thursday finally "repealed" their discriminatory anti-LGBTQ "bathroom bill" (HB2) by replacing it with another (HB142) which LGBTQ advocates charge is nearly as odious and, in some measures, even worse than the original. This time, however, the new legislation was signed into law by a Democratic governor.

Attorney Tara Borelli of Lambda Legal, which has sued to block the state's law, joins us to explain the beguiling "fake repeal" and shameful reasons it was jammed through the state assembly in just hours yesterday.

"If you're struggling to figure out how HB142 fixes things in any real way for LGBT people, join the club," she tells me. "We, and a host of others, are incredibly disappointed, outraged, and frustrated with this so-called 'compromise' repeal deal. HB142 simply took a bunch of the bad old provisions of HB2 and perpetuated them, and further enshrined them into North Carolina law." Borelli details how and why state lawmakers "have tried to put, just to be blunt, a lot of lipstick on the pig" and why they were in such a hurry to do it.

Finally, Desi Doyen joins us for the latest Green News Report on the beginning of push-back from Dems and environmentalists in the wake of Trump's executive order on Tuesday, attempting to gut Obama's climate and environmental policies and legacy...

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Today on The BradCast: So, what now? What's the next step for Donald Trump's seemingly perpetually faltering Presidency? He and Congressional Republicans suggest they'll go for Tax Reform next. But will that scheme be any more successful than the big promises that Trump has, so far, tried and failed to accomplish? [Audio link to show follows below.]

His Muslim travel ban was blocked for the foreseeable future, once again last night, by a federal judge in Hawaii. His border wall, if it ever actually gets built, won't be paid for by Mexico, apparently, but by U.S. tax-payers. Reportedly, the Administration's not even sure where to put it. His attempt at repealing and replacing ObamaCare went famously down in flames. His effort at rolling back Obama's climate legacy is already facing its first legal challenges on a number of fronts and in a number of courts.

But he and Congressional Republicans say massive reform of the tax code will be next, even though it hasn't been successfully accomplished since the 1980's. And, in hopes of getting some Democrats on board, the Administration has been floating the idea of a massive infrastructure bill, perhaps, to go with it. But is Trump's version of a "Grand Bargain" to bring enough Republicans and Democrats together to accomplish this next scheme any more viable than his previous ones? (Or more viable than when Obama tried, but failed, at something similar?) And, does it help that Trump attacked both Democrats and the far-right Congressional Freedom Caucus today?

The great Heather Digby Parton of Salon and Digby's Hullabaloo returns today to discuss all of the above, and a bit more, including whether Democrats can actually hold together in opposition; some little-noticed hypocrisy related to Team Trump attorneys hoping to block a sexual harassment-related lawsuit against a sitting President; an interesting explanation for Ivanka Trump's "new" role in the Administration; and whether Senate Democrats can or will successfully filibuster to keep Judge Neil Gorsuch from being confirmed to the GOP's stolen U.S. Supreme Court seat, as vacated with the death of Antonin Scalia more than one year ago...

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IN TODAY'S RADIO REPORT: Rising tide of opposition against Trump's latest executive order; Trump's climate denial puts China first in the global clean energy race; Texas judge kicks ExxonMobil case back to New York; PLUS: Mobilizing the Power of the People with the upcoming March for Science and the March for Climate... 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): "Trump Is a Chinese Agent"; Trump’s Interior Secretary says ‘clean energy’ is a hoax; Unbalanced Climate-Change Hearing Proves Pointless; Lamar Smith, unbound, lays out political strategy at climate doubters’ conference; While Ohio Coal Employment Falls, Solar Jobs Double In Cleveland Area; Trump’s Executive Order is Out of Step With Americans; Energy Department Climate Office Bans Use Of Phrase ‘Climate Change’; Westinghouse Files for Bankruptcy, in Blow to Nuclear Power... PLUS: If you liked buying your oil from Saudi Arabia, you’ll love buying your electric cars, solar panels, efficiency software and batteries from China.... and much, MUCH more! ...

On today's BradCast, some accountability news for a happy change of pace! What are the odds? [Audio link to the show posted below.]

Among the accountability stories covered on today's show:

• 15 felony counts filed in CA against the rightwing activists who secretly video taped and then lied about Planned Parenthood;
• 28 federal criminal counts filed in TX against a former Tea Party Republican U.S. Congressman for massive fraud and money laundering;
• Two of NJ Gov. Chris Christie's top staffers are sentenced to prison in the "BridgeGate" scandal (as he continues to escape justice);

Also today:

• More on Donald Trump's absurd "Energy Independence" executive order, meant to roll back Obama-era environment and climate regulations (and the legal problems he will face in court while trying to roll them back);
• Republicans in Congress send a bill to gut the FCC's Internet privacy regulations to Trump for his signature;
• Trump's approval ratings continue to plummet to another record (today, according to Gallup, he is now a remarkable 24 points under water);
• "Buy American, hire American"?! Eric Trump's winery is seeking foreign, yes, foreign workers;
• And, finally, Desi Doyen joins us for the latest Green News Report, including, among other stories, a bit of good news on a Republican Governor who has just signed a law to permanently ban fracking in his state...

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