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Latest Featured Reports | Saturday, August 13, 2022
Before FBI Search, Grand Jury Subpoenaed NatSec Docs Trump Stole from WH: 'BradCast' 8/11/22
RW political violence after Trump's Mar-a-Lago lies; Also: Midterms trend toward Dems...
'Green News Report' 8/11/22
  w/ Brad & Desi
South Korea latest victim of deadly flash floods; Repub state treasurers coordinate to block climate action by private companies; PLUS: Mexico emergency over drought protests...
Recent GNRs: 8/9/22 - 8/4/22 - Archives...
'If You're Innocent, Why Are You Taking the Fifth?' Great Question!: 'BradCast' 8/10/22
Guest: Former Asst. U.S. Attorney, Randall D. Eliason; Also: Inflation slowing?; Noteworthy primary results from CT, MN, VT, WI (and WA)
What We Know (& Mostly Don't) About the FBI Search at Mar-a-Lago: 'BradCast' 8/9/22
Also: Late AZ, WA primary results; MI's GOP A.G. nominee facing criminal probe; Federal judges approve release of Trump taxes...
'Green News Report' 8/9/22
  w/ Brad & Desi
GNR Special Coverage: U.S. Senate Democrats pass landmark climate legislation, the first in U.S. history...
Recent GNRs: 8/4/22 - 8/2/22 - Archives...
Pennsylvania's Supreme Court Rejects Yet Another GOP Challenge to Absentee Voting
Ruling is good news for democracy and, perhaps, state Democrats...
Sunday 'Woke' Toons!
Wake up and smell PDiddie's latest collection of the week's best toons!...
GA Dem Seeks to 'Unpack' SCOTUS, Hold 'Ethically Bankrupt' Justices to Account: 'BradCast' 8/4/22
Guest: Rep. Hank Johnson (GA-4) on Court expansion, term limits, more; Also: TN votes...
'Green News Report' 8/4/22
  w/ Brad & Desi
Back-to-back storms reveal U.S. not ready for climate impacts; Climate change increasing humidity; Big biz targets Dem climate bill; PLUS: Nat'l EV charging network almost here...
Recent GNRs: 8/2/22 - 7/28/22 - Archives...
UNconventional Times: The Power of Abortion Rights (and Danger of Election Deniers) on the Ballot: 'BradCast' 8/3/22
Critical lessons (and warnings) from primary results in AZ, KS, MI, MO, WA, OH...
'Green News Report' 8/2/22
Death toll rises in catastrophic KY flooding; Extreme heat, fires sear U.S. West; Big Oil's big profits; PLUS: Manchin-Schumer compromise a game changer for climate?...
Too Little Too Late? Or Not a Moment Too Soon?: 'BradCast' 8/1/22
Can Dems finally pass Schumer-Manchin bill to save the climate (and themselves)?; Also: Biden's 'rebound'; KY's death toll; Tuesday primaries; Callers ring in...
Sunday 'Party of Personal Freedom' Toons
Bringing new meaning to "freedom isn't free" in PDiddie's latest collection of the best toons of this past week...
Leaked: FL Power Co. Secretly Took Over 'News' Site, Ran Fake Candidates, Targeted Critics: 'BradCast' 7/29/22
Guest: Energy and Policy's Alissa Jean Schafer; OAN cooked?; Stewart v. GOP Sens...
Establishment Pressure Haunted Manchin Into Major Deal on Taxes, Healthcare and Climate: 'BradCast' 7/28/22
And Schumer outfoxed McConnell to do it! Also: More signs of UNconventional midterms...
'Green News Report' 7/28/22
Manchin and Schumer reach deal on climate and energy bill; Russia slashes gas to Europe; PLUS: Public pressure leads USPS to quadruple plan for electric delivery trucks...
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...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...

GOP election denier wins MD Guv primary; Bipartisan Senators unveil electoral reform bills; Bolsonaro plays Trump card; GA D.A. cracks down on Giuliani, Graham, fake electors; House Dems play hardball; Biden unveils actions for climate crisis...
By Brad Friedman on 7/20/2022 6:57pm PT  

There were almost too many clear and present dangers to fit into today's BradCast. But we did our best. Buckle up. [Audio link to full show follows below this summary.]

Among them...

  • Trump-endorsed 2020 election denier, Dan Cox, named as winner of Maryland's GOP gubernatorial primary. Democrats rejoice...but should they?
  • A bipartisan team of U.S. Senators, lead by Maine Republican Susan Collins and West Virginia Democrat Joe Manchin, strike a deal to reform the Electoral Count Act of 1887 to clarify, in theory, that Vice Presidents may not steal elections during joint sessions of Congress to confirm Electoral College votes. We are, let's say, skeptically optimistic.
  • Brazil's far-right autocratic President Jair Bolsonaro --- loved by Trump and Tucker Carlson of Fox 'News' alike --- goes full Trump in declaring that his re-election contest in about 75 days, in which he is predicted to lose by a landslide, will be marred by massive fraud requiring military intervention to sort out.
  • It's not looking good for Steve Bannon in his Contempt of Congress trial. It is looking much better, however, for those who believe in accountability and the rule of law.
  • It's also not looking good for a whole passel of conspirators who attempted to help Trump steal the 2020 Presidential election in Georgia, including Rudy Giuliani, Sen. Lindsey Graham, whose attempts to quash their subpoenas have failed so far, and 16 GOP fake electors now designated by Fulton County District Attorney Fani Willis as "targets" in the special grand jury probe.
  • GOPers in the House and Senate are squirming today, as House Democrats play some excellent hard ball (for a change) by calling votes on the Respect for Marriage Act, to give federal statutory protection to both same-sex and interracial marriage, and the Right to Contraception Act. Republicans are outraged --- OUTRAGED! --- that they're being forced to take a public stance on these issues during an election year, after SCOTUS recently made clear those previously Constitutionally-established rights may now be on their chopping block as well, following their corrupt overturning of Roe v. Wade.
  • Following the corrupt SCOTUS majority gutting the ability of the EPA to regulate carbon, and the corrupt Joe Manchin gutting Joe Biden and the Democrats' critical climate change agenda, the President announced plans for Executive Actions to take on the crisis which he describes (correctly) as a "clear and present danger"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Dr. Leah Stokes, UC-Santa Barbara climate policy expert, on what Biden and YOU can do to defeat our climate crisis; Also: UK shatters all-time heat record; MD's gubernatorial primary...
By Brad Friedman on 7/19/2022 6:15pm PT  

It appears to be Climate Week on The BradCast. Who knew? Simultaneous record-smashing heat waves across the globe (as discussed in some detail on our previous show) from Asia to the U.S. to Europe (where more than a thousand have already died because of it) will apparently continue to continue all week and, likely beyond. Especially after recent actions by our corrupt Supreme Court and the corrupt Sen. Joe Manchin. But there is still plenty that President Biden and you can do about it. [Audio link to full show is posted below this summary.]

In Britain, unlike these United States, they have kept records of temperatures for hundreds of years. And never, until today, has the thermometer broken 40 degrees Celsius. Today it did. Smashing 2019's record of 38.7C (or 101.7 Fahrenheit) to hit a remarkable and sweltering 40.3C (or 104.5 Fahrenheit). As Desi helps to put that into perspective today, Britain is more northern in latitude than Calgary, Canada!

While many meteorologists thought, when they saw 40C predicted by computer models a few weeks ago, that it must have been in error, turns out it wasn't. The Chief Scientist at the U.K.'s Met Office today said this kind of temperature in Britain was "virtually impossible" before human-caused climate change.

Here in the U.S., temperatures in much of the country are also breaking records this week, with heat alerts in more than 20 states. All of that on the heels of the corrupt U.S. Supreme Court, last month, making up a pretend "doctrine" to declare that the EPA may not regulate carbon emissions, even though both the Clean Air Act and the Court's own previous ruling mandate that they must. And on the heels of West Virginia's corrupt "Democratic" Senator Joe Manchin, who makes millions --- both personally and to his campaign coffers --- from the fossil fuel industry.

So, what now? Following Manchin's latest Lucy with the football stunt late last week, President Joe Biden declared he would "use every power I have as President to continue to fulfill my pledge to deal with global warming." That pledge includes cuts to man-made greenhouse gas emissions that cause global warming to bring carbon emissions down to 50% of what they were before 2005 by 2030 and to reach net-zero by 2050. But with 50 obstructionist Republicans and (at least) one obstructionist Democrat in the Senate, and a corrupt Supreme Court, what tools are available to Biden at this point?

Plenty, suggests our guest today, DR. LEAH STOKES, author, podcaster, and climate policy expert at U.C.-Santa Barbara. Before we get there today, she offers her thoughts on the corruption of both Manchin and the High Court.

Democrats, she explained, when discussing how far they were willing to go to get Manchin to "yes" on a climate deal, pretty much offered him everything he could have wanted through what amounted to 18 months of his bad faith "negotiations."

"It wasn't far-fetched that he would get to 'yes,' because they were willing to give him a lot of things that he wanted --- things that would have helped invest in jobs in West Virginia. For example, there's a program that helps create manufacturing jobs in coal communities. That was in this package. There was also money for things like carbon capture and sequestration, a technology that Manchin really wants to see happen, as well as hydrogen," explains Stokes. "The [Chuck] Schumer team gave him everything he wanted and he still couldn't get to 'yes' --- claiming that somehow it was inflation, when the reality is that economists have told us that the package would fight inflation."

But, of course, Manchin personally makes millions from his family's coal business. So, as Stokes observes, "It's really not that complicated" as to why he was never negotiating in good faith. "There's that Upton Sinclair quote, 'It's hard to get a man to understand something when his paycheck relies on him not understanding it.' Senator Manchin personally profits from the fossil fuel industry. He's making half a million dollars a year --- that's three times more than his Senate salary --- directly off of fossil fuels. So he is lining his pockets when it comes to the fossil fuel industry. He is in bed with the fossil fuel industry both for his personal profit and for his role as a Senator."

As to the Supreme Court, she notes that, even after their recent opinion, "trying to delay progress from the Biden Administration, just like Sen. Manchin," there are still options left for the President. She explains how "the EPA still retains a lot of authority" and that "the Biden Administration retains very important tools, and they need to start using them right now."

We discuss the potential Executive Actions that Biden can now take --- including the declaration of a National Climate Emergency, which may free up even more actions that he could take --- as well as how his Administration is also now free to block many of the programs that they had been holding out as fig leaves for Manchin (and his fossil fueled GOP pals) on hopes of making a deal, including something called the Mountain Valley Pipeline in West Virginia.

But could the Supreme Court subsequently block Biden's Executive Actions as well? We discuss that too. Ultimately, however, as Stokes wrote in her New York Times op-ed over the weekend, despite Manchin, despite SCOTUS, she ultimately remains bullish. "In the long run," she argued, "fossil fuels are just too expensive, dirty and dangerous."

Whether or not humanity will survive that long, remains a separate question, but Stokes cites actions that not only the President can take, but that Governors across the country are already taking, and actions that we can all take which she explains, make an important difference in this fight.

"We should not underestimate the power that we all have," she says, before detailing a long list of things that individuals should be looking at in "our own lives, looking at the fossil fuels that we use," from moving to electric cars and e-bikes, to induction stoves and heat pumps. Especially in states like California, where "a lot of us are going to need air conditioning who haven't had it in the past, and a heat pump is a clean, electric appliance that both heats and cools your home." She notes that CA's Gov. Gavin Newsom recently passed incentives in the budget "that will pay people $3,000 through their contractors to help them afford to put an electric heat pump into their home."

"The solution is not about sacrifice," argues Stokes. "We're talking about cleaner and better technology. It's not about sacrifice, it's really about better solutions. And that's why we're going to win."

Also today, a preview of the closely contested primary races being held today in Maryland, particularly the race for Governor, in one of the few states where Democrats believe they may have a chance of flipping the seat from Red to Blue.

And finally, as our accidental "Climate Week" continues, Desi Doyen joins us for our latest Green News Report with much more on all of the above...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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One more reason why voters MUST expand progressive majorities this November; Also: Callers ring in on all of the above and more...
By Brad Friedman on 7/18/2022 6:03pm PT  

It was a very hot BradCast today --- in most every way you might imagine. [Audio link to full show follows this summary.]

This week, a billion or so in China are suffering under record extreme heat and humidity. The death toll from relentless record heat, drought and wildfires in Portugal and Spain has now topped 1,000, as the heat spreads to France and the rest of Europe where Ireland and the U.K. are likely to see triple digit temperatures and a red flag extreme heat advisory for the first time.

Here in the states, as AccuWeather reports, sweltering highs approaching 110 degrees Fahrenheit will continue as temperatures "reach their highest levels of the year so far from Rapid City, South Dakota, to Wichita, Kansas, as well as Oklahoma City and Dallas" and everywhere in between. Electric grids, particular in Texas, are under extraordinary stress (the power went out during a Houston TV station's live weather forecast, as they warned of possible power outages) with little immediate relief in sight.

Apocalyptic conditions are now being experienced across the globe thanks to a climate crisis caused by the burning of fossil fuels. That, even as the corrupt, U.S. Supreme Court at the end of last month made up a pretend "doctrine" (the "major questions doctrine", found nowhere in the Constitution or American case law) to bar the EPA from regulating carbon emissions, as mandated by federal statute in the Clean Air Act.

At the same time, corrupt, fossil fuel industry-funded "Democratic" Senator Joe Manchin continues to undermine any and all environmental initiatives agreed to by every Democrat in the U.S. House and all but him (and, to a slightly lesser extent, corrupt AZ Democratic Sen. Kirsten Sinema) in the Senate, designed to curb deadly greenhouse gas emissions.

In short, as Sen. Bernie Sanders made clear over the weekend, Manchin --- whose family literally makes millions from the coal industry, and whose campaign takes in millions from the fossil fuel industry --- "has sabotaged the President's agenda" as our existential climate crisis quickly worsens.

Manchin and all 50 Republican Senators in the upper chamber and every single Republican in the U.S. House continue to prevent Democrats from all efforts designed to save humanity. But, somehow, to some on the Left, it is the fault of Democrats?! And it is Democrats who may be voted out of their majorities in both chambers this November? Really?! What gives?

We open the phones today to some of those very questions, as there are a whole bunch of folks calling themselves progressives out there who are, somehow, blaming Democrats for this mess and many others. We try to have a conversation with a few listeners about that. Tune in to today's lively BradCast to see how it goes!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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By Brad Friedman on 7/18/2022 6:05am PT  

As mentioned on the show a couple of times in recent weeks, a number of monthly subscribers to The BRAD BLOG have had to cancel their automated subscriptions of late, given the difficult economic circumstances many of us, understandably find ourselves in right now.

It's not a lot of folks who have had to pull back their support, but it's noticeably higher than the usual number of folks who come and go in the normal, expected churn...

--- Click here for REST OF STORY!... ---




By Brad Friedman on 7/17/2022 6:35am PT  

(Note from Brad: PDiddie is taking a break this week, so I'm filling in...cuz I think we could all really use the toons!)

--- Click here for REST OF STORY!... ---




Corrupt WV Dem still undermining Dems, nation, planet; Secret Service deleted Jan. 6 texts; Arrest warrant issued for indicted CO GOP election official; NY's GOP Guv nom submitted 13,000 fraudulent signatures...
By Brad Friedman on 7/15/2022 6:29pm PT  

I don't relish saying "I told ya so" on The BradCast. But, in today's lead story, unfortunately, I have to yet again. [Audio link to full show follows this summary.]

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

  • We've been telling you for months that West Virginia's corrupt Democratic U.S. Senator Joe Manchin --- whose family makes millions from the coal industry and campaign rakes in millions from the fossil fuel industry --- never had any intention of allowing any environmental measures to pass that might actually help reduce the deadly emissions that are causing our climate crisis. Nonetheless, his fellow Democrats and corporate media, like Charlie Brown, seem to keep buying his BS claims that he really really wants to adopt environmental provisions and raise taxes on the wealthy to help pay for them. After months of more pretend negotiations, Lucy pulled the football away from Charlie Brown yet again on Thursday night.
  • Gas prices are finally falling. Will Joe Biden get credit for that, since he was inappropriately blamed for Big Oil's record profits from war profiteering and price gouging? (Which all Republicans in Congress refused to outlaw recently?)
  • Texas' privatized, unregulated electric grid is on the brink of collapse yet again, thanks to record heat (which is thanks to a fossil fuel industry-sponsored climate crisis that all Republicans and Democrat Joe Manchin refuse to do anything about.) Will Lone Star State voters this November finally figure out who is to blame for the outages --- and hundreds of deaths that continue to come with them --- during both extreme heat and cold in the state?
  • Oh, look! The Secret Service seem to have accidentally erased all of their text messages from January 5 and 6, 2021, even after the Dept. of Homeland Security's Office of Inspector General asked to see them. Luckily, not much happened over those days that the American people would very much like to know about.
  • Oh, look! A D.C. Metropolitan Police Officer has reportedly testified to the bipartisan U.S. House Select Committee investigating the January 6, 2021 insurrection and Donald Trump's other attempts to steal the election that there was a physical altercation with Secret Service officials inside Trump's limo when he wanted to go to the Capitol instead of back to the White House that day. The alleged under-oath corroboration has so far received much less corporate media notice than the anonymous, still-unnamed person at the Service who claimed that Cassidy Hutchinson was lying during her explosive public testimony late last month about what she'd been told about the incident just after it happened. And the Secret Service officials who were supposed to come forward to dispute her story to the Committee have still failed to do so. (Sure would have been helpful if the Service hadn't erased their text messages from that day.)
  • Mesa County, Colorado's disgraced County Clerk (and recently failed GOP candidate for Secretary of State), Tina Peters, is in yet more legal trouble. The easily-duped MAGA election fraud conspiracy theorist --- now charged with 7 felonies and 3 misdemeanors related to her orchestrating an illicit scheme to unlawfully copy and publicly distribute very sensitive voting system software last year --- had a warrant issued for her arrest by a Judge on Thursday after she left the state without court permission to speak at another evidence-free MAGA election fraud conspiracy conference in Vegas.
  • But the actual election fraud perpetrated by GOP officials running for office continues. Just a few short weeks after 5 of the 10 Republicans running for the Gubernatorial nomination in Michigan were struck from the ballot for turning in tens of thousands of fraudulent petition signatures, it's happened again. This time in New York. The GOP nominee for Governor, U.S. Rep. Lee Zeldin --- who voted against confirming Joe Biden's 2020 Electoral College victory and whose website features a "Team Zeldin Election Integrity Task Force" page, vowing to work "around the clock now and into November to ensure we have fair elections" --- apparently turned in nearly 13,000 fraudulent petition signatures, including 900 pages of photocopies of signatures, in hopes of appearing on the Independent Party ballot line this fall. The Libertarian Party challenged the fraudulent signatures and the state Board of Elections confirmed the fraud, denying Zeldin a third line on the November ballot.
  • Finally, Desi Doyen has our latest Green News Report, with a passel of climate related stories that are so grim, we can't even bring ourselves to tease them here. On the other hand, she does have one pretty good piece of news out of California...so there's that!

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: National security journalist Marcy Wheeler of Emptywheel.net...
By Brad Friedman on 7/14/2022 6:34pm PT  

The big time former federal prosecutors are only just now beginning to catch up to what our guest on today's BradCast has been saying all along: Merrick Garland's Department of Justice is, in fact, on the job and Donald Trump is, in fact, in their sights. [Audio link to full show is posted below.]

At The Atlantic today, Ronald Reagan's former Deputy Solicitor General and George H.W. Bush's Deputy Attorney General, Donald Ayer, along with former Asst. Attorney General for the Civil Division at DoJ, Stuart M. Gerson, and former federal prosecutor and Chief Asst. City Attorney in San Francisco, Dennis Aftergut, declared that, after seven public hearings by the U.S. House Select Committee investigating the January 6, 2021 insurrection and Trump's multiple attempts to steal the election, "The evidence is now overwhelming that Donald Trump was the driving force behind a massive criminal conspiracy to interfere with the official January 6 congressional proceeding and to defraud the United States of a fair election outcome."

The three prosecutors, two of whom served in Republican Administrations, observe that "This was Trump's project all along" and there is now more than enough evidence to prosecute the disgraced former President. "The damage to America’s future that would be inflicted by giving him a pass far outweighs the risks of prosecuting him," they write, "And the tradition of not prosecuting a former president must yield to the manifest need to protect our constitutional form of government and to assure that the violent effort to overthrow it is never repeated."

At New York Times earlier this week, Andrew Weissman, a long time federal prosecutor of high profile criminal conspiracies and a senior prosecutor on the Special Counsel team that investigated Russian interference in the 2016 election, argues that Garland's "bottom up" investigation --- working the way up the food chain from the hundreds of dupes on the ground on January 6, through the rightwing extremist militia group participants like the Proud Boys and Oath Keepers, now facing seditious conspiracy charges, to those in Trump's inner-circle --- is too slow, difficult and ultimately too narrow. He calls instead for a "hub and spoke conspiracy" probe, now that it's clear Trump was at the "hub" of multiple criminal "spokes" in his attempts to steal the 2020 election. January 6 was just one such "spoke".

Our guest today, however, who has perhaps been following every single indictment, federal court filing, and shred of available evidence as close or closer than anyone on the planet, has long been arguing that Garland's DoJ has been doing all of the above, and for some time --- whether the big time former federal prosecutors have finally gotten around to noticing or not.

MARCY WHEELER, the prolific independent national security journalist from Emptywheel.net, is a long time friend who has been joining us on the show for many months now, often to counter the many critics of Garland. She has long argued the DoJ is, in fact, on the case, and has a number of criticisms of Weissman's much-cited critique of the Department's probe.

She argues DoJ has long been carrying out a very broad investigation of the sort that Weissman is now calling for. In addition to the hundreds of grunts on the ground and dozens of seditious conspirators from the militia groups already charged, the Department has also been deliberately collecting a wide swath of critical evidence from members of Trump's inner-circle --- from Rudy Giuliani to Roger Stone to Michael Flynn to Sidney Powell to John Eastman to Mark Meadows and beyond.

Today's conversation, as usual with Wheeler, is complex and far-reaching. We discuss where folks like Weissman have been missing the big picture, and we discuss what she has learned from the Select Committee's hearings and where they still have information to learn themselves.

But the bottom line is this: Wheeler believes "there is plenty of evidence to prove that Donald J. Trump conspired and, himself, did obstruct the vote certification on January 6th," but that the DoJ "will not charge it...until they get a couple of more things in place." Those things, namely, are "four people," one of whom, she notes, the Trump camp itself believes "is about to go to prison."

Tune in to find out who those people are, and when Wheeler believes charges for Trump are likely to come down --- from someone who has been far ahead of the curve on all of this for the past year and a half or so. (Oh, and yes, she tells us that Steve Bannon, whose trial on criminal Contempt of Congress charges begins next week, is indeed in trouble too. "Probably more trouble than he knows.")

CLICK TO LISTEN OR DOWNLOAD SHOW!...

Update 7/21/2022: Our friend "Spocko" was so impressed by Marcy's commentary in this episode that he created a full text transcript of my interview with her. He says he used AI to do it, so I can't vouch for the accuracy of it, but thought it might be helpful to some if I posted that link to it here for archival and posterity purposes.

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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GOP TX Reps threaten law firm for out-of-state abortions; Facing contempt trial, leaked Bannon audio reveals Trump scheme to steal 2020; DoJ sues AZ for vote suppression; WI's GOP Supremes ban drop-box voting; GA GOP Senate nom's sad climate change remarks...
By Brad Friedman on 7/13/2022 6:24pm PT  

We've got a grab bag of news items on today's BradCast, though almost all of it ends up making the same case: 'Both sides' are decidedly not the same. [Audio link to full show follows this summary.]

We kick off with some listener mail, critical of our recent show discussing why it's so deadly important to elect Democrats in 2022 in order to have any chance of saving American democracy itself --- and much more along with it --- before 2024. The listener argues that, in fact, democracy no longer exists in the U.S. following 2010's Citizens United ruling by the Supreme Court. He argues that "both of the two major parties" are now so corrupted that "the chances of non-corporate funded candidates" being elected to national office are now "equivalent to nil". While that may come as a surprise to folks like Rep. Alexandria Ocasio-Cortez and Sen. Bernie Sanders, just to name a couple, there are many other reasons our correspondent couldn't be more wrong. We explain why.

The bulk of the news items in the rest of today's program underscore why that lazy "both sides are the same" notion (while founded in fragments of cynically misreported truths) is dangerously wrong. They also underscore how those on the Left who buy into that self-defeating nonsense are being played as assuredly as Donald Trump and his MAGA buddies have played their own gullible supporters.

Among those news stories covered today...

  • Elected Republicans members of the Texas state House, ironically calling themselves the "Texas Freedom Caucus," have sent a letter to a Dallas law firm threatening them with legal "consequences" including "felony criminal prosecution and disbarment" for reimbursing their own employees for out-of-state travel as needed to obtain an abortion, now that Texas Republicans have ended such rights and personal freedoms for residents of the Lone Star State.
  • A Donald Trump-appointed federal judge has laughed Steve Bannon's attempt to delay his pending federal trial out of the courtroom. The trial, on two counts of Contempt of Congress in response to the former Trump aide's unlawful refusal to respond to subpoenas from the bipartisan U.S. House Select Committee investigating the January 6 insurrection and Trump's many failed attempts to steal the 2020 election, is scheduled to begin next week and could result in up to two years in prison for Bannon.
  • At the same time, Mother Jones has obtained leaked audio of Bannon speaking to supporters of his Chinese billionaire pal/funder three days before the 2020 election, explaining that Trump planned to declare victory, whether he won the election or not, and pretend to be the victim of fraud. "He's gonna say they stole it...he's not going out easy...Trump is gonna do some crazy shit," Bannon promised (sound familiar?), as they all laughed about what would become the most dangerous assault on American democracy in our history.
  • DoJ has sued Arizona for violations of the National Voter Registration Act and Civil Rights Act, following the signing of a new voter suppression law earlier this year. Adopted by the state's GOP-dominated state legislature and signed by its Republican Governor, the new measure would block voters from voting in the 2024 election without first presenting documents proving their citizenship.
  • Wisconsin's GOP-dominated state Supreme Court finds absentee ballot drop-boxes are now illegal in the Badger State. Donald Trump declares the ruling to be proof that he actually won Wisconsin in 2020! (He didn't.) And a Republican state lawmaker running for Governor vows to reverse the state's election results in response.
  • In Georgia, a pathetic audio clip from the Republican Party's U.S. Senate nominee, Hershel Walker, discussing climate change --- ("Since we don't control the air, our good air decided to float over to China's bad air. So when China gets our good air, their bad air got to move. So it moves over to our good air space. Then...now we got we to clean that back up.") --- underscores, once again, the sad, cynical (and ill-considered) scheme by GOPers to push this seemingly mentally ill former football star as their candidate to run against Democratic Sen. Raphael Warnock this fall.
  • And finally, Desi Doyen has our latest Green News Report, as wildfires once again threaten California's iconic Giant Sequoias; Utah's Great Salt Lake is drying up; and offshore wind power is booming...in China...

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Special Coverage with Heather Digby Parton of Salon, David Faris of Roosevelt University...
By Brad Friedman on 7/12/2022 6:43pm PT  

It was Day 7 of public hearings for the bipartisan U.S. House Select Committee probe of Donald Trump's January 6th insurrection at the U.S. Capitol and his multiple failed attempts to steal the 2020 Presidential Election. We've got full Special Coverage once again on today's BradCast. [Audio link to full show follows this summary.]

If you've been turning away over the past week or so, we've got a quick recap of "our story so far" at the top of today's show, summing up the key elements of the six previous public hearings by the Committee. In short, to sum up that summary, Donald Trump knew everything and was personally involved in everything. He knew there was no fraud of note in the 2020 election, as all of his top advisers and legal experts told him as much, but he continued to lie about it anyway. He knew that his efforts to reverse election results to steal the election from Joe Biden in various swing-states and at the joint session of Congress on January 6, 2021 were unlawful and/or Constitutional. Again, we've been shown that all his top advisers told him as much. He relentlessly pushed for it anyway. And he knew that calling his supporters to D.C. on January 6 and directing them to march on the Capitol would result in violence led by armed extremist groups. He was advised against it, but he did it anyway.

Today's hearing picked up on Trump's "call to arms" to his supporters. It came in the middle of the night in his now-infamous "Big protest in D.C. on January 6th. Be there, will be wild!" tweet, issued just hours after an insane, "unhinged", hours-long December 18, 2020 White House meeting with his personal crackpot attorneys Sidney Powell and Rudy Giuliani, his felonious former National Security Adviser Michael Flynn, former Overstock.com CEO Patrick Byrne (for some reason) and a bunch of White House attorneys. The latter angrily tried to derail the MAGA coup plotters plans to have the President issue an Executive Order to seize the nation's voting machines and install Powell as a Special Counsel to investigate fraud and issue arrests. Even Trump loyalist and White House Counsel Pat Cipollone --- who finally testified to the Committee last Friday --- said he "vehemently opposed" the "terrible idea." That, after repeatedly asking for any evidence of fraud and being shown none at all.

That bonkers meeting, and its fallout --- resulting in the tweet that "electrified and galvanized" his supporters immediately thereafter --- was detailed in the first part of today's hearing, with mountains of evidence and video-taped testimony. The second part covered what happened next, as the extremist groups which supported Trump, including the Proud Boys and Oath Keepers (the leaders of which have already been indicted for seditious conspiracy), descended on D.C., planning for the violence --- and much worse --- that eventually occurred.

The Committee shared video of Trump's media supporters, immediately after his "will be wild!" tweet, calling on their own followers to join them in D.C., including rightwing conspiracy radio host Alex Jones and others. One called for "storming right into the Capitol," noting "the rules of engagement: If you have enough people, you can push down any fence or wall." Another vowed "There are gonna be a million, geeked-up armed Americans" coming to occupy D.C. in response to Trump's call.

All of that, weeks before Trump eventually directed them to march to the Capitol on Jan. 6 in what, the Committee showed through several draft tweets and speeches, was absolutely not a spontaneous ad-lib made by Trump during his remarks on the Ellipse. The armed march on the Capitol was the plan all along.

On the night before the attack, according to White House call logs obtained and revealed by the Committee today, Trump's disgraced former aide Steve Bannon took to his "War Room" podcast just after a conversation with the then President to declare: "All hell is going to break lose tomorrow. It's all converging and now we're on the point of attack. It's not gonna happen how you think it's going to happen. It's gonna be quite extraordinarily different and all I can say is strap in."

One witness at the end of today's hearing were Jason Van Tatenhove, an independent journalist turned self-described Oath Keepers propagandist, who says he left the group 5 years ago after seeing them become more and more racist and violent. The other was Stephen Ayers, a January 6 rioter and Trump believer. He was not tied to any of the extremist groups. He was just a guy, "a family man" who answered Trump's call to come to D.C. and "fight like hell" to "save the country" as he believed Trump needed him to do. He was arrested and pleaded guilty to disorderly conduct at the Capitol and now regrets every part of it, believes it was all a con, but has since lost his job and much more after having fallen for Trump's Big --- violent, deadly --- Lie.

Today's hearing came to a close with another Liz Cheney cliff-hanger. This time she revealed that Trump had attempted to contact one of the Committee's witnesses following their last hearing. "We will take any effort to influence witness testimony very seriously," vowed the Committee's Republican Vice Chair, adding that the Justice Department had been notified about the apparent witness tampering by the disgraced former President.

Joining us to make sense of all of this today are, once again, HEATHER DIGBY PARTON of Salon and Hullaballoo, joined this time by DAVID FARIS, Associate Professor of Political Science at Roosevelt University and a contributor to both Newsweek and The Week.

"They've been setting up the various strands," Parton explains, describing today's hearing focused on Trump's directives to his violent supporters, as she cited Andrew Weissman's recent "'hub and spoke' conspiracy" op-ed at NYTimes. "There were a number of different spokes going out from the Oval Office, which included the 'voter fraud,' the fake electors, the DOJ, Mike Pence. This was one of the spokes, and it's a huge one, because it is the spoke that leads from the White House and the Oval Office to the insurrection on January 6th. That part of the whole coup plot, the conspiracy to keep Trump in office come what may, that was a huge one."

"Big picture, I think these hearings have a number of different purposes. One is to provide concrete evidence of a systematic and sustained effort to extra-constitutionally overturn the results of the 2020 election," Faris observes. "Stealing the election. That's a coup. We've learned a lot more during these hearings about the mechanics of the coup. The bottom line is that the people who were putting these plans into motion knew perfectly well that they were illegal."

He also notes that he believes these hearings are likely to spur the DoJ into action. "There are a lot of little Trump lieutenants running for office who are planning to do things like manipulate the vote in 2024, or use extra-constitutional procedures to install a Republican candidate for President into office," Faris tells us. "There are a lot of people who are contemplating committing crimes in another conspiracy against the United States, and if you do not show them there are consequences to the people who did it the first time, I don't see how those people can draw any other conclusion then that they'll get away with it. I wish that we were not in this position where we have to talk about indicting a former President. It's not great. But I don't think he can be allowed to skate without really jeopardizing our democracy."

Lots more on today's show, of course, from the hearing itself and via smart analysis from Parton and Faris as, yes, the walls continue to close in on Donald J. Trump...

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And why SCOTUS has given us no choice but to elect Democrats in 2022 to save democracy itself in 2024...
By Brad Friedman on 7/11/2022 5:55pm PT  

We had a bunch of excellent callers on today's BradCast. It sounds like many of them heard my warning today. Hopefully you will too. [Audio link to full show is posted below this summary.]

But, first up, on our first show after taking several much-need days off last week, we catch up with just a few of the most noteworthy items from what turned out to be another very busy news week. Among those items...

  • the Independence Day mass shooting in IL;
  • the popular and political uprisings resulting in agreements by both British Prime Minister Boris Johnson as well as Sri Lanka's Prime Minister and President to resign;
  • the horrific assassination of Japan's longest-serving Prime Minister Shinzo Abe (in a nation where just one person, out of population of 125 million, was killed by a gun in 2021);
  • the excellent jobs and unemployment numbers released by the Labor Department last Friday (and, as usual, ignored by the bulk of the corporate media due to everything else);
  • the good news that Rudy Giuliani, Sen. Lindsey Graham and 5 others who served as attorneys for Donald Trump in 2020 have now been subpoenaed to testify by the Special Grand Jury in Atlanta, convened by Fulton County District Attorney Fani Willis, in her criminal investigation of the disgraced former President's attempt to steal Georgia's election in 2020.
  • All of that in advance of another public hearing to be held on Tuesday by the bipartisan U.S. House Select Committee probing the Jan. 6 insurrection and Trump's multiple failed attempts to steal the election from Joe Biden and the American voters.

Then, its back to the issue that I haven't been able to get out of my head since we previously WARNED about it on our last show before taking a break. Specifically, the corrupt, extremist, illegitimate U.S. Supreme Court's announcement that they intend to hear Moore v. Harper next term, in a case that will give the stolen and packed far-right Court majority the opportunity to undermine American electoral democracy as we know it. That is not an overstatement.

If you thought what the Supremes did at the end of this past term --- ignoring the text of the Second Amendment in order to block states' rights to well-regulate firearms; stripping away previously protected Constitutional privacy rights and reproductive freedoms to overturn Roe v. Wade; all but ending Constitutionally-required Miranda Rights for those detained by law enforcement; further eroding what's left of our Constitutional separation between Church and State; and gutting the ability of the EPA to regulate carbon emissions driving our deadly climate crisis, as mandated by Congress --- well, you ain't seen nothin' yet.

As explained, SCOTUS is now set to undermine any and all elections laws for federal elections enacted by state Boards of Elections, Secretaries of States, Governors, state constitutions, state Supreme Courts or even ballot initiatives adopted by voters themselves. The corrupt Republican Court is likely to do this by declaring that Article II, Section 1 of the Constitution mandates that state legislatures --- and only state legislatures --- may determine laws regarding the "manner" of federal elections. Specifically of note in 2024, the way each state appoints Electoral College votes, as the Constitution says, "in such Manner as the Legislature therefore may direct".

In other words, in 2020, while most swing-states had rules, laws and state Constitutional mandates in place declaring that voters shall determine who will win the state's Electoral votes, an opinion by the Court, likely to come as early as 2023 in Moore v. Harper, will free up the gerrymandered GOP-controlled state legislatures in our nation's half a dozen or so swing-states to name anybody they like as the winner of their Electoral College votes, no matter what the Governor, state Courts or, crucially, the voters of those states have to say about it.

It's called the "Independent State Legislature" theory (or doctrine, as the GOP autocrats supporting it describe it.) As we noted in our last show on this, this is not a drill. This is very real, and now even very likely to happen.

While we were away, our friend and colleague Thom Hartmann posted a chilling Twitter thread on the ISL theory/doctrine, detailing just one potential scenario --- which includes thousands of dead bodies in the streets --- which he describes as not "just plausible" but now "probable".

We agree. Thus, we explain the importance of electing Democratic majorities in 2022 in both the U.S. House and Senate as our only hope of defeating this "probable" scenario. If 52 Democrats can be elected in the Senate and the Party is able to hold the House (both tall lifts), then the possibility of filibuster reform in the upper chamber and the expansion of the Supreme Court in order to unpack and uncorrupt it becomes a reality.

As discussed on today's show, the luxury of pretending that "both parties are equally bad" is over, as I see it. And not because I give a damn about protecting Democrats, but because I believe we must protect --- indeed, SAVE --- democracy itself at this point.

Anyway, please tune in for a very lively, if occasionally chilling hour, along with some really great calls from listeners on all of this in the second half...

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By Brad Friedman on 7/6/2022 1:21pm PT  

Meant to say as much previously, but had trouble logging in from the road ... We're taking a much needed mental health break over this shortened holiday week.

While we're gone, we're re-running our Special Coverage episodes from the blockbuster House J6 Committee hearings on this week's BradCast. They are important episodes which I hope folks who may have missed them the first time around may be able to hear this time around.

Beyond that we'll be back soon! And, as announced yesterday, with more such Special Coverage shows coming soon, apparently!

Please stay safe (and cool) this week! And thanks, as always, for your generous and much-needed support!

-- Brad (and Des by proxy)




Election law experts are freaking out over corrupt Court's plan to legalize stolen elections; Also: Ginni Thomas lied about J6 testimony; Defamation suit proceeds against Fox 'News'; Internet Voting scheme dead in CA...
By Brad Friedman on 7/1/2022 6:49pm PT  

We have a very serious warning for voters about elections and American democracy and the corrupt U.S. Supreme Court on today's BradCast. Please tune in and listen! [Audio link to full show follows this summary.]

To quickly summarize my half-hour or so long rant at the top of today show...On Thursday, as discussed on our previous show with legal expert Mark Joseph Stern, the corrupt, radical, illegitimate, not-conservative-in-the-least U.S. Supreme Court used a made-up, phony legal doctrine --- the "Major Questions" doctrine --- to justify gutting the Environmental Protection Agency's statutory mandate to protect the environment by regulating climate warming carbon emissions. The so-called doctrine, not found anywhere in the Constitution or historic case law, was made up for use by the Court's rightwing extremists. They are now about to do something very similar in order to gut federal elections and American democracy as we know it in advance of the 2024 Presidential election.

In their last order of business, before the end of this past year's term on Thursday, the Court announced that next term they would take up the North Carolina case of Moore v. Harper. The case involves a voter challenge to the state GOP's newly-drawn U.S. House maps. The NC state Supreme Court agreed the map was an unlawful gerrymander under the state constitution and drew up a fairer map. But North Carolina Republicans sued, charging that state Supreme Court was not allowed, according to the U.S. Constitution, to nix the GOP gerrymander due to the so-called "Independent State Legislature" theory. In short, it's a made up "doctrine" --- not unlike the "Major Questions" doctrine used to justify gutting the EPA --- that has been pushed for a number of years by fringe Republicans.

The ISL doctrine cites some lines from the U.S. Constitution to argue that state legislatures and only state legislatures --- not Boards of Elections or Secretaries of State or Governors or even state courts or Constitutions or popular ballot initiatives adopted by voters --- may dictate how federal elections are run. That is a job solely granted to state legislatures, according to this previously-fringe theory.

It was one of the failed arguments under which Donald Trump supporters tried to claim that emergency pandemic voting rules adopted by state officials (other than the state legislature) were unlawful in 2020. It was also one of the arguments pushed by rightwingers that state legislatures could have simply voted to name Trump electors in states where the voters actually chose Joe Biden's electors.

The "Independent State Legislature" doctrine has never been granted legitimacy by a majority on the U.S. Supreme Court. But, earlier this year, four of the Court's six radical Republicans --- Thomas, Alito, Gorsuch and Kavanaugh --- called for the Court to examine the issue more closely. They now need just one more vote to recognize this controversial Constitutional claim as "legitimate", which is why so many in the election law world are freaking out today after SCOTUS announced yesterday that they will hear 'Moore v. Harper' next term.

Usually, quite staid UC Irvine law professor Rick Hasen's argues "It's hard to overstate the danger" of this case. Vox's Ian Millhiser describes the "grave threat to US democracy" it presents. You --- and elected Democrats(!) --- should be freaking out at this point as well. Or, at least, understanding what is about to happen to what is left of our representative "democracy" if this switch gets thrown by the newly emboldened and radicalized Court.

Given the many radical, not-conservative-in-least rulings over the past several weeks by the six far-right extremists on this stolen and packed Court --- overturning Roe v. Wade, blocking the ability for states to well-regulate firearms, eroding the separation of church and state, all but gutting Miranda rights, further gutting the Voting Rights Act, and torching the EPA's ability to regulate deadly carbon pollution --- we should all be very concerned about what this Court is likely to do regarding Moore in 2023...in advance of the 2024 Presidential election.

We put the case in full context on today's BradCast, and detail why its so important to elect enough Democrats this November --- love them or hate them --- to hold the majority in the House and add enough Democrats to the Senate to finally reform or end the filibuster in order to codify Roe and respond to many of the other matters mentioned above, as well as finally expand SCOTUS to re-legitimize the de-legitimized Trump/McConnell/Roberts Court before they unleash every manner of electoral chaos --- and outright "legalized" stolen elections --- in advance of 2024.

PLEASE. PAY. ATTENTION. TO. THIS. CASE!

Beyond that red flag warning at the top of today's show, and before standing down for a few much-needed days off next week, we also catch up on several other news items of note that we've had to put off over the past week or so due to Congressional hearings, primary elections, and wholly corrupt Supreme Court opinions. Among them...

  • After rightwing activist Ginni Thomas, wife of rightwing activist Justice Clarence Thomas, was revealed to have been deeply involved in Trump's effort to steal the 2020 election, she was invited to testify to the bipartisan U.S. House Select Committee investigating the January 6, 2021 insurrection. She received much coverage when she announced she would be happy to do so, declaring, "I can’t wait to clear up misconceptions. I look forward to talking to them.” You'll be shocked to learn that Ginni was lying. This week, her attorney said she will not testify because there is "not...a sufficient basis" for the Committee to interview her under oath.
  • A judge in Delaware has found that Dominion Voting Systems has presented sufficient evidence to determine that Rupert Murdoch and his son Lachlan of Fox "News" may have acted with "actual malice" when causing their Republican propaganda station to broadcast false claims that the voting system vendor helped steal the election for Joe Biden. The judge ruled that the billion dollar defamation suit against Fox may now proceed toward trial.
  • Here in California, where we recently reported on the attempt by some Democrats in the state legislature to adopt an insane Internet Voting scheme, we've got some good news. After passage in the state Senate, the matter was killed in the state Assembly following critical work by grassroots voting system and cybersecurity experts in opposition and a letter from the Sec. of State opposing the measure as well. But CA Dems keep trying to this, year after year, so watch out for another attempt in future sessions.
  • Finally, Desi Doyen joins us for our latest Green News Report on the heels of SCOTUS gutting the EPA's ability to regulate carbon emissions amid our deadly climate crisis and much more...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Slate's Mark Joseph Stern on that and much more on the final day of the corrupt rightwing Supreme Court's unprecedented term...
By Brad Friedman on 6/30/2022 6:23pm PT  

On today's BradCast: It was the grand finale at the end of a U.S. Supreme Court term like no other. Now that its packed with rightwing extremists, the unleashed activists on the GOP's illegitimate 6 to 3 U.S. Supreme Court pretended on Thursday that the text of the written law doesn't say what it actually says, in order to offer a parting gift for the year to the fossil fuel industry --- as the nation and globe burn.

The Clean Air Act, as Justice Elena Kagan wrote [PDF] on behalf of the three dissenters, "directs the EPA to regulate stationary sources of any substance that 'causes, or contributes significantly to, air pollution' and that 'may reasonably be anticipated to endanger public health or welfare.'" She made clear that, as the Court has determined on multiple occasions, the Environmental Protection Agency "serves as the Nation's 'primary regulator of greenhouse gas emissions.'"

But, never mind all of that. On Thursday, writing for the Court's far-right majority in West Virginia v. EPA --- and ignoring its own precedents --- Chief Justice John Roberts pretended none of those mandates existed in the law adopted by Congress in 1963 and amended a number of times over the years. Despite any actual existing Administrative rule to regulate carbon emissions by coal and gas-fired power plants --- Barack Obama's Clean Power Plan was put on hold by the Court years ago, and Donald Trump's scheme to restrict the EPA's power to do so was rejected by lower courts --- SCOTUS took up this coal-industry sponsored law suit and gave them pretty much everything they sought, text of the written law be damned.

As they did when striking down the Administration's vaccine-or-test mandate, the Court once again invoked their newly invented "Major Questions" doctrine in order to declare that any issue that may be controversial in any way may not be decided by the scientists and experts at the federal agencies created to handle such things. Instead, they must be specifically directed, by Congress, to do so. Because the Clean Air Act, which tasks the EPA with regulating dangerous pollutants --- such as carbon released by coal-fired power plants, currently exacerbating our deadly climate crisis --- doesn't actually cite "carbon" specifically, the Trump/McConnell/Roberts Court has now declared the federal agency may take no action to help reduce it. Never mind their own previous findings and, of course, the number of Americans who will die because of this ruling.

The opinion was as predictable as it is corrupt. We're joined today by the great MARK JOSEPH STERN, legal journalist and Constitutional law expert at Slate, to discuss the opinion that will not only limit the EPA from doing the job it has already been tasked with by Congress, but prevent many other federal agencies from carrying out their mandates as well. It's all part of the corporate rightwing's long "war on the Administrative State". And it's a war they are now winning --- and we are all losing.

"Massachusetts v. EPA held that the federal government must --- not can, but must --- regulate and limit carbon emissions in the United States because carbon is a pollutant under the Clean Air Act, and thus the EPA has a legal obligation to institute guidelines that reduce the level of greenhouse gases the US is emitting," Stern emphasizes, noting that today's opinion in West Virginia v. EPA "involves a regulation that does not exist."

Nonetheless, "the Supreme Court decided to take it up just to stop Joe Biden from trying" to regulate the greenhouse emissions now warming our planet at an alarming rate. "The Supreme Court," Stern adds, "decided to simply slap limitations on [the Clean Air Act] that do not exist in the text because they do not like it as a matter of policy."

As to the so-called "Major Questions" doctrine, argues Stern, "It's hard to define, because it is made up." It's not in the Constitution and, as far as he can tell, "it comes from Brett Kavanaugh's brain. This was his idea when he was on the lower court, to try to smuggle in a kind of anti-regulatory agenda into what looks like statutory interpretation."

"The basic idea is that if an agency tries to take some kind of very consequential action, that has a serious and vast impact on the people, or the economy, or private industry, then that is a 'major question', and the Congress has to give the Agency an extremely granular and explicit permission slip to do what it wants to do, otherwise the courts will block it. The problem with this test that should be clear, is that it is totally subjective. What looks like a major question to you may look like a frivolous question to me, and it really shifts policy-making over to unelected judges from experts in federal agencies."

Of course, this is just one of the many reasons I don't refer to these people as "conservatives". They don't merely interpret the law and the Constitution, as they claim. They make shit up to justify their politics. They are the "activists legislating from the bench" that Republicans pretend to oppose --- when they are trying to block Democratic appointees from positions on the bench.

There is much more today from the wise and colorful Mr. Stern, on this matter; on a separate (largely good news) ruling from the Court today on immigration policy; on the Court's opinion last week that begins to gut the famous Miranda Rights (the right to remain silent, to an attorney, etc.) for people who are detained by law enforcement (a "sleeper case" overlooked because it came on the same day that the Court overturned Roe v. Wade); on what will or can happen once the illegitimacy of this Court becomes clear to all; and on Justice Stephen Breyer's last day on the Court today before Justice Ketanji Brown Jackson was sworn in as its first-ever black female jurist.

As if that's not enough, a ruling this week by SCOTUS overturned a lower federal court that found Louisiana's newly gerrymandered Congressional District map to be an unconstitutional violation of the Voting Rights Act. The lower court ordered another black majority District to be created, as state Republicans had only one among six, in a state where one-third of population is black. The ruling was similar to another in Alabama, which SCOTUS also struck down recently, ordering both states to use the gerrymandered and unconstitutional House maps drawn by Republicans for this year's critical 2022 midterm elections.

Does this signal the Court intends to overturn the entirety of the landmark Voting Rights Act, as they did with Roe? "Yes," Stern answers, before explaining how "really, they've already done it."

And then there's the new case that SCOTUS announced today they will take up in their next term, as their destruction continues. It's an election case out of North Carolina to allow the Court to create another pretend legal notion that the Right calls the "Independent State Legislature" Doctrine.

"I am terrified about this case," Stern says, as it will almost certainly be decided to allow "state legislatures to appoint electors in the Electoral College to the losing candidate in a Presidential race. Which is exactly what Donald Trump wanted them to do in 2020, and what Ginni Thomas was urging legislators to do while her husband was trying to institute this theory."

"The American people are in deep, deep, DEEP trouble," he warns.

Please "enjoy" today's program!...

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What can be gleaned from the first midterm primary and special election results after the fall of 'Roe v. Wade'...
By Brad Friedman on 6/29/2022 6:14pm PT  

Please pardon the whiplash on today's BradCast, from our special coverage of the blockbuster J6 hearing in the U.S. House yesterday to coverage of election results in eight states today, and what they both may mean for November. But that's our world right now. [Audio link to full show is posted after this summary below.]

Critical midterm primary elections (and runoffs), and one Special Election for the U.S. House were held on Tuesday in Illinois, Colorado, Oklahoma, Utah, New York, Mississippi, South Carolina and Nebraska.

We've learned of a few reported problems for voters at the poll yesterday in several of those states (IL, MS, UT, NY) which we cover first today. Thankfully, they were fairly limited --- at least so far --- and not terribly egregious.

Then it's on to our curated and wholly incomplete coverage of noteworthy races in a number of those states, some of which may be quite telling regarding November and the so-called "Conventional Wisdom" that Democrats are due for a drubbing. That's what history tells us, of course, about the party in power for midterm elections during the first term of an unpopular President. But, given these exceedingly unconventional times, it'd be a sucker's bet and political malpractice --- for Democrats and democracy itself --- to simply presume history will repeat itself this fall.

Among the many results of note covered today: losses for 2020 election deniers and alleged criminals (like Tina Peters, the indicted County Clerk in Mesa County who lost her GOP primary for Sec. of State bigly, even in her own home county) in CO; losses for corrupt climate change deniers and disgraced former Trump officials (like his scandal-plagued EPA Administrator, Scott Pruitt who came in fifth in a GOP primary for the U.S. Senate) in OK; both wins and losses for loyalist Trumpers and anti-choice zealots in IL and CO (with Dems hoping they'd win their GOP nominations, because they'd be easier to defeat in November); a crushing, if satisfying loss for Rudy Giuliani's son in NY; victories and losses for progressive candidates in several states; And, perhaps most notably today, some telling results from the one D vs. R race on Tuesday, a U.S. House Special Election in NE.

As expected, the Democrat lost that special U.S. House race in NE in an exceedingly Republican district in which the GOP candidate won by 22 points in 2020. But on Tuesday, the Republican won by just over 5 points. More interestingly, in the one Democratic-leaning County in the District held by Republicans since 1964, support for the Democrat spiked from +1 in 2020 to +13 on Tuesday, in the first head-to-head election between the two parties since 'Roe v. Wade' was struck down by the radical rightwing U.S. Supreme Court on Friday. Hopefully, Democrats have taken notice.

There are many mitigating factors that could result in this year's midterms defying history and expert predictions. That doesn't mean they will, but they certainly could, particularly if Democrats figure out how to appropriately activate both their base and those who are furious about SCOTUS stripping away a Constitutionally-protected individual right for the first time in our nation's history.

Initial polling in the wake of Roe's demise find the SCOTUS opinion to be exceedingly unpopular with Democrats, of course, but also with independent voters and even a fairly large chunk of Republicans. We take a look at some of those very interesting tea leaves on today's program and what they could mean for November.

Finally, we close with Desi Doyen and our latest Green News Report, in advance of what is probably very bad news indeed for both the climate and the EPA coming from our corrupt Supreme Court tomorrow! But, for today, we've got news about what sparked New Mexico's largest-ever wildfire; Japan's electric grid facing stress under historic record heat; a new leftist climate hawk President for Colombia; and much more....

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Special coverage of Cassidy Hutchinson's explosive testimony with Crooks and Liars' John Amato, Salon's Heather Digby Parton...
By Brad Friedman on 6/28/2022 5:29pm PT  

There was one bombshell after another during Tuesday's "surprise" Day 6 hearing by the bipartisan U.S. House Select Committee investigating Donald Trump's January 6, 2021 insurrection and his many attempts to steal the 2020 Presidential election. We cover as many of those bombshells as possible on today's BradCast Special Coverage. [Audio link to full show follows this summary.]

From the then President of the United States trying to commandeer the steering wheel of the Presidential limo ("The Beast") to force the driver to take him to the Capitol on 1/6, to his attempt to choke the top member of his Secret Service detail in the car, to smashing ketchup-drenched china plates against the wall of the Oval Office dining room when his Attorney General told AP there was no evidence of fraud in the 2020 election, to Rudy Giuliani and Chief of Staff Mark Meadows seeking pardons for their failed roles in helping Trump prevent the peaceful transfer of power for the first time in U.S. history.

Those were just some of the bombshells delivered during Tuesday's remarkable testimony by 25-year old White House aide, Cassidy Hutchinson, who served as Meadow's top deputy before, during and after the January 6 insurrection. She, apparently, was everywhere that he was. Her office was just feet from the Oval Office. She was even next to Trump just moments before he gave his infamous "fight like hell" speech on the Ellipse in front of the White House on Insurrection Day, as his supporters bearing AR-15s were climbing trees and scaring the hell out of the Secret Service.

There was more from both Hutchinson and the House Committee today, including evidence that Trump and Meadows seemed to be hoping for violence that day and did nothing to stop it as the deadly insurrection unfolded and as his Cabinet members were considering invoking the 25th Amendment to remove him from office.

And then there were the teasers...for future hearings...regarding mafioso-like messages delivered to witnesses testifying before the House Select Committee...

From one witness: "What they said to me is, as long as I continue to be a team player, they know that I'm on the team, I'm doing the right thing, I'm protecting who I need to protect, you know, I'll continue to stay in good graces in Trump World. And they have reminded me a couple of times that Trump does read transcripts and just to keep that in mind as I proceeded through my depositions and interviews with the committee."

A message to a witness: "[A person] let me know you have your deposition tomorrow. He wants me to let you know that he's thinking about you. He knows you're loyal, and you're going to do the right thing when you go in for your deposition."

Who were the witnesses in question? Who was the goon attempting to tamper and intimidate them? Both matters would be federal crimes. Those questions will, presumably, be revealed in future hearings.

Lots to cover in today's special coverage, whether you saw the mind-blowing Day 6 hearing or not, which seem to be freaking out Trump World now. I hope you'll tune in for smart insight and analysis from our guests today, Salon and Hullaballoo's HEATHER DIGBY PARTON and Crooks and Liars' JOHN AMATO. (And some, even from me who, as Parton vouches, explained to her the likelihood of Hutchinson becoming a superstar witness in these hearings weeks ago, before the public hearings even began. Just sayin'.)

Notes Amato, who monitors Fox "News" closely for coverage at his blog: "Today was the first day of testimony that broke through their veil." He quotes Fox anchor Brett Baier observing, "I've been around politics a long time, and this was, first-hand, the most riveting, powerful testimony from anything I've ever seen since Watergate."

"I think she was incredible," Parton says regarding Hutchinson. "This testimony shook up the complacency that these hearings were really not going to end up doing much of anything. All you have to do is look up Trump's reaction. He's having a complete and total hissy fit over this, so you can tell he's concerned. What she ended up doing was giving this inside view that everyone's been waiting to get. Not just what he was doing, not just on January 6th, but in the days ahead. And Mark Meadows and what he was doing."

"That is super-important to proving the case. In my view, I think we're coming to is a case of seditious conspiracy, involving not just the Proud Boys and the Oath Keepers, but also Mark Meadows, Rudy Giuliani and ultimately Donald Trump," she tells us...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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