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Latest Featured Reports | Friday, August 7, 2020
'Mail is Being Slowed Down... Everywhere' Warns Postal Union Prez: 'BradCast' 8/7/20
Guest: APWU's Mark Dimondstein; Also: Progressive activist 'wins' TN's Dem U.S. Senate nom after being outspent 250 to 1...
National Ripoff Association: NY Sues NRA for Fraud, to Dissolve Org: 'BradCast' 8/6/20
Also: Trump in NY legal trouble too; Economy over a cliff as White House, Repubs dither...
'Green News Report' 8/6/20
  w/ Brad & Desi
Trump signs major land bill; Fertilizer caused Beirut explosion; Electricity shutoff ban ending; Shell's offshore hybrid wind farm; PLUS: Northeast climate pact causes healthier kids...
Previous GNRs: 8/3/20 - 7/30/20 - Archives...
Progressive Victories (and Losses) in MO, MI, AZ, WA, KS Primaries: 'BradCast' 8/5/20
Guest: Howie Klein of Down With Tyranny!; Also: Disgraced Kobach and Watkins lose in KS; Disgraced Arpaio in running in AZ; GOP Guv restores IA voting rights to former felons...
Death and Destruction; Hope and Change: 'BradCast' 8/4/20
Isaias lands; Trump goes to 11; McSally and Graham in trouble; MUCH MORE...
'Green News Report' 8/4/20
  w/ Brad & Desi
Isaias hits NC amid a pandemic, makes history; Rising seas pushing storms further inland, study warns; PLUS: 15 states clear the air, move to all-electric trucks and buses...
Previous GNRs: 7/30/20 - 7/28/20 - Archives...
'Election Cyber Surge' Launches Not a Moment Too Soon: 'BradCast' 8/3/20
Guest: Maya Worman of U. of Chicago Harris Cyber Policy Initiative says help is on the way!; Also: Trump facing big trouble in NY; Callers ring in on the VEEPStakes...
Sunday 'Delaying the Inevitable' Toons
Distract yourself with PDiddie's latest collection of the week's best political toons...
FEC Complaint: Trump Camp Running $170M 'Laundering' Scheme: 'BradCast' 7/31/20
Guest: CLC's Brendan Fischer on yet another extraordinary Trump grift; Also: Stop cowering at his wannabe dictator tweets!...
Monopoly Money:
'BradCast' 7/30/20
Guest: David Dayen on the 'incredible' anti-trust hearing in the House and his new book 'Monopolized'; Also: Cain dies of COVID; Trump tries to distract from newly disastrous economic numbers; Rep. Lewis laid to rest...
'Green News Report' 7/30/20
  w/ Brad & Desi
Trump in TX to expand fossil fuel exports, lie about Biden; Very good news for clean, renewable energy in U.S.; PLUS: Ag officials alarmed by 'mystery seeds' in the mail...
Previous GNRs: 7/28/20 - 7/23/20 - Archives...
Conspiracies. Real Ones.:
'BradCast' 7/29/20
Dark money behind anti-mask, pro-chloriquine movement; White supremacist provocateurs behind BLM 'riots'; Also: COVID conspiracist Gohmert has COVID...
Local TV Goliath Sinclair Shamed Into Nixing COVID Disinfo: 'BradCast' 7/28/20
Guest: Media Matters' Zachary Pleat; Also: If MLB can't avoid COVID, how will schools?; Trump's Fauci envy...
'Green News Report' 7/28/20
Two hurricanes in two states over one weekend; CA plugs in world's largest battery; PLUS: Trump Admin takes major step toward approving controversial Alaska mine...
From The Global Coronavirus Epicenter of Miami Beach: 'BradCast' 7/27/20
Guest-host Nicole Sandler with Miami Beach, FL Mayor Dan Gelber and healthcare advocate Laura Packard...
Sunday 'Cognitively Fascist' Toons
Power up with PDiddie's latest collection of the week's best political toons!...
'RECOUNTED' with Ari Berman, Chuck Collins: 'BradCast' 7/24/20
On safeguarding the 2020 election and on our worsening economic inequality...
Philly DA Vows Arrest of Trump's Fed 'Thugs' if They Break State Law - But Should He?
Ernie Canning on measuring the risks of such an escalation by local officials...
Reality Begins Setting in for the GOP; Chaos Continues for America: 'BradCast' 7/23/20
FL RNC cancelled; COVID at White House; Jobless claims keep breaking records; GOP in disarray over relief bill; Trump goons tear-gas Portland mayor; Much more!...
'Green News Report' 7/23/20
OH GOP House Speaker arrested for bribery in utility conspiracy; Gonzalo breaks new record in historic 2020 hurricane season; PLUS: Burger King cuts the methane...
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...


Guest: Constitutional attorney Thomas Wolf of Brennan Center's Democracy Program; Also: America STRONGLY against Trump school reopening plan during COVID surge; And, Kris Kobach for Senate!
By Brad Friedman on 7/22/2020 7:00pm PT  

On today's BradCast: the COVID crisis continues to get worse, Americans wise up on reopening schools, potential hope for Kansas, and Donald Trump becomes a laughing stock. Again. [Audio link to full show is posted below summary.]

Last week, during his rambling, wildly political Rose Garden "press conference" (it was really a political rally), Trump promised that over the next eight weeks, we would be seeing "things that nobody has even contemplated, thought about, thought possible," and that "nobody's ever going to see eight weeks like we're going to have." While, I think it was meant as a rallying cry for a bunch of initiatives he plans to pretend to invoke during desperate days in advance of the November election, it sure sounded like a threat to me. Either way, we suspect he's right about what we will see. He suggested he would be "taking on immigration, taking on education" and that it all would start "some time on Tuesday."

On Tuesday, Trump unveiled something that had to do with immigration, which we discuss with our guest today (see below). As to "taking on education", that part remains somewhat less clear. But if it has to do with insisting that school kids go back to in-person classes next month in the middle of a deadly and worsening pandemic, the American people are decidedly not with him on that one. A new poll out today from AP/NORC finds that just 8% of Americans believe K-12 schools should reopen this Fall for normal, in-person instruction. Nonetheless, Trump is still threatening to take away federal money for special ed to those schools who do not obey his command.

That command is still in place --- and being ignored by most of the nation's largest school districts --- as more than 1,000 Americans died from COVID-related illnesses on Tuesday alone. It was the first time since May that that has happened, as mountains of evidence --- including 59,000 hospitalizations on Tuesday --- underscore, yet again, that the U.S. is headed in decidedly the wrong direction in dealing with the crisis. These will be a very difficult eight weeks indeed. There are fifteen weeks until the November 3rd Presidential election.

And, speaking of elections, state primaries are still ongoing, with statewide contests in Arizona, Kansas, Michigan, Missouri and Washingtonstate coming up on August 4th. We take some time to focus on Kansas today, where notoriously failed GOP "voter fraud" fraudster and the state's former Sec. of State Kris Kobach is running for the Republican nomination for U.S. Senate, in hopes of filling the seat being vacated by Republican Sen. Pat Roberts. It has been an embarrassing few days for Kobach, after his friend Rep. Steve Watkins was indicted last week on 3 felony counts and 1 misdemeanor charge related to voter fraud. As we reported last week, Watkins was charged for doing precisely what Donald Trump did. He unlawfully registered to vote at an address where he did not live, and then he unlawfully voted in an election using that unlawful address. Watkins has been indicted in Kansas. Trump is still a Florida voter fraud criminal at large at this hour.

Kobach, who built his entire two-term career as Sec. of State by promising to stamp out rampant "voter fraud" in Kansas by Democrats and non-citizens, was able to bring only 15 prosecutions during his eight years in office, obtaining convictions on fewer than 10 of them, with nobody receiving any jail time. Virtually all of the convictions were against people who voted twice in two separate states, because they owned homes in both, with many not realizing that was against the law. Nonetheless, Kobach prosecuted people who did the same thing that Watkins (and Trump) did. But, when asked by the Kansas City Star for comment after Watkins' indictment, Kobach offered a bizarre reason why he disagreed with the charges.

All of which helps underscore the fact that the fraud Kobach --- after losing to a Democrat during his 2018 run for Governor in Kansas --- is now hoping to secure the GOP nomination for the Senate. He is running in a field of 11 candidates seeking the honor and we completely endorse him! So, apparently, does his presumptive Democratic challenger, Barbara Bollier, who, in the second quarter of this year, according to AP, "raised almost $1.3 million more than the top-tier Republican primary candidates combined."

Could a Democrat actually flip the Kansas Senate seat from "red" to "blue" this year for the first time since 1932? Bollier was a moderate Republican until she became so embarrassed by Trump and her own party that she became a Democrat at the end of 2018. We'll will find out in about 15 weeks. But a Kobach win in the August 4th primary would certainly help, as Kobach is far "too conservative" for Kansas.

Finally, back to Trump's promise to "take on immigration" on Tuesday, when he unveiled an Executive Memorandum (not an Executive Order, but a memo...not sure if he knows the difference), declaring it to be the position of the United States that immigrants in this country should not be counted when determining the next Congressional apportionment that is to occur after the completion of the 2020 Census. That, despite the very plain language of the 14th Amendment which reads: "Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state".

We're joined today by Constitutional law expert THOMAS WOLF of Brennan Center's Democracy Program, where he specializes in the Census, redistricting, and immigrant rights. He tells me, quite bluntly, that "the memorandum [issued by Trump] is not worth the paper its printed on. The Constitution's plain text is very clear: every person counts. 'Persons' means persons and 'persons' means everyone. That means that everyone is to be counted."

Even Bill Barr, when he was Attorney General the first time, back in 1989, agreed!

"The memorandum that President Trump issued yesterday," Wolf continues, "assumes that President Trump has the power to decide who counts and who doesn't. Unfortunately for him, but fortunately for the rest of the country, the Constitution has already made that decision for him, and the Constitution decided that all people count."

In case he was unclear about that, Wolf adds later: "From the top, there is no legitimacy to this order." But, if so, what was the point of Trump issuing the memo that obviously tries to reverse the 14th Amendment adopted during Reconstruction to do away with the Constitution's previous clause declaring that some people in America --- slaves --- were to be counted by the Constitutionally-mandated decennial Census as three-fifths of a person? Wolf offers insight and answers to that question, as well as how to help counter Trump's plan which, as he notes, "is so patently unconstitutional, it's astonishing."

(Hint: One of the ways to counter it, argues Wolf, is to "Get counted! That's how we push back against this." If your household has yet to do so, please go and fill out a Census form today at 2020Census.gov!)

Download MP3 or listen to complete show online below...

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Guest: FairVote's David Daley; Also: Trump pretends to be 'furious' at Twitter. He isn't. But he is hoping to distract you (and the media)...
By Brad Friedman on 5/27/2020 6:27pm PT  

Desi Doyen is on the money at the end of today's BradCast when she cites a Twitter user who recently asserted: "The GOP has become a virus: it now exists solely to replicate itself." If you've yet to notice, the 160 days between now and the critical 2020 Presidential election will be about little more for Republicans than a desperate attempt to suppress certain voters; to game the results of those who do manage to vote; and, of course, to do anything possible to distract from the fact that more than 100,000 Americans have now tragically died on Trump's watch over just the past 3 months, tanking the economy in the bargain, thanks to his disastrously failed response to the coronavirus. We discuss all of those things on today's program. [Audio link to the full show is posted below.]

First, Trump today is pretending to be furious about the fact that Twitter placed a very polite "Get the facts about mail-ballots" link under two of his misleading tweets on Tuesday about absentee voting fraud. He is feigning outrage, claiming the company is biased against Republicans and that he has the power to shut them down. The RNC and Trump's campaign, of course, are all playing along with the phony fury, because they love playing both victim and strongman at the same time, and because it all helps distract the media from his ongoing unspeakable failures as President.

In fact, not only did Twitter do him a favor by placing those links on his tweets, helping to bring attention to his disinformation (which can also been seen as instructions for his followers on how to defraud the November election), but the company didn't even bother to label his most offensive recent tweets, such as the ones in which he accused MSNBC's Joe Scarborough of murdering a staffer who tragically died in the then-Florida Republican Congressman's office in 2001.

At the same time, Facebook is allowing the Trump Campaign to run hundreds of paid, false political ads making the same misleading claims, as that social media company simply allows false paid-for propaganda ads from politicians, even if they are meant only to disinform, distract and undermine the 2020 election itself.

It should also be noted anytime any media outlet reports on Trump's false claims about absentee voter fraud, that he is a voter fraud criminal himself, after voting by absentee in Florida where he has no legal permanent residence, in violation of state law.

As to voter suppression and Florida, we reported yesterday on the excellent ruling by a federal judge who gutted the GOP state legislature's new poll tax law over the weekend. The measure was enacted to undermine a Constitutional Amendment adopted by state voters in a 2018 mid-term landslide. Despite the enormous bipartisan voter support for Amendment 4, which could allow some 1.5 million former felons to vote in the Sunshine State for the first time, Gov. Ron DeSantis (who barely won his election that same year) has now announced plans to appeal the court's ruling that gutted the poll tax passed by Republicans in hopes of countering Amendment 4.

Florida, however, is hardly the only state in the union with GOP-controlled legislatures attempting to undermine recent bipartisan ballot box landslides. In Missouri, on the heels of the adoption of a landmark state Constitutional Amendment in 2018 meant to end extreme partisan gerrymandering in the Show-Me State, the gerrymandered GOP state legislature is rolling out what our guest today describes as REDMAP 2.0.

We're joined by FairVote senior fellow DAVID DALEY who, literally, wrote the book on the GOP's successful plan to take control of state legislatures in 2010 to implement crippling partisan gerrymanders during redistricting after that year's decennial Census. Now, as Daley detailed in a recent New York Times op-ed, MO Republicans are rolling out an even more invidious scheme to undermine the voters' intent with another Constitutional amendment on this November's ballot.

He describes the plot --- which includes an unprecedented plan to count only voting age citizens during redistricting --- as a "dress rehearsal" for GOP-controlled states in the rest of the country. The plan, which would "dramatically" shift voting power from Democratic-leaning urban areas to white, Republican-leaning rural areas, is being adopted for nationwide roll-out by the rightwing American Legislative Exchange Council (ALEC), he reports.

"It changes the definition of representation and it overwhelmingly tilts this in the direction of conservatives and Republicans," he tells me. "Total population has been the guiding standard that everybody has used for a long time. If you were to change this to say that the baseline that we're going to count is not everybody, but only citizens who are over the age of 18, then what you are doing is eliminating huge numbers of people. You are curating and manicuring an electorate that is older, more rural, more conservative, and of course, whiter."

As Dems are finally trying to win the last battle by rolling back what happened in 2010 a decade later, Daley argues they need to get ready --- immediately --- to figure out how to counter the GOP's newest ugly war on this front.

"I don't think Democrats are paying enough attention to this," he says. "This is a Presidential election year. Democrats are thinking about the White House, about the Senate, about holding on to the House. But there's so much more at risk in this election. This is the last election before these maps are going to be drawn for another decade. ... The Republicans are going to have a 2020 'REDMAP 2.0' plan, and if Democrats are not equally focused on playing offense and defense, they are going to get check-mated."

We also discuss Daley's newly published book, UNRIGGED: How Americans Are Battling Back to Save Democracy', documenting recent, critical (and successful!) citizen-led efforts to restore democracy across the nation...

Download MP3 or listen to complete show online below...

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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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Guest: Alexander Sammon of The American Prospect; Also: Some much brighter news about voting in Virginia...and even Pennsylvania!
By Brad Friedman on 4/15/2020 5:46pm PT  

On today's BradCast: The U.S. and world economies continue to collapse amid ridiculous happy talk largely from the President and his GOP pals, as the suffering of millions of Americans grows amid the coronavirus pandemic and, incredibly enough, millions of tons of fresh food being destroyed by farmers and other food producers. [Audio link to show is posted below.]

Why are farmers and dairy producers doing that? The American Prospect's ALEXANDER SAMMON joins us today to explain how "Coronavirus has Broken America's Food Supply", and how, amazingly enough, the federal government (including the President who pretends to love farmers...especially in swing states) appears to be doing absolutely nothing about about a collapsing supply chain.

To be fair, neither party seems to be loudly pressing for action here, according to Sammon. But, as we discuss, this is a problem that could pretty easily be solved by the federal government. American families are running out of money as workers are being laid off. The Government is sending them a paltry $1,200 check (which may be delayed for many, because Trump is insisting on his name appearing on the checks), which many are likely to use to buy food. At the same time, food and milk created for commercial use in sectors which have collapsed (restaraunts, hotels, schools) is being destroyed. The Government could be buying that food (delivering much-needed relief to struggling farmers and food producers) and use the storied logistics skills of the U.S. Military to help deliver it to people in desperate need all over the country and around the world.

"It's one of those things where we've seen the President basically almost allergic to using federal authority, the national authority that is at his disposal to make these things right," Sammon explains. "Here is something he could do, well within the capacity of the federal government and the military, but there's been no indication they're going to pursue that. I think that's a pretty astounding political failure, at a very basic level."

Sammon goes on to describe the worsening conditions for food producers and the laborers in the industry who are becoming sick at an alarming rate, as "a very troubling sign for farmers and the food supply chain going forward."

"There's going to be a lot of farmers entering in to bankruptcy," he tells me. "The jolt to the system is not going to be immediate. But a year from now we could be looking at diminished supply at a pretty significant level. That could result in much higher prices. If we're emerging from a global recession, where we're talking about forecasts of 30% unemployment, potentially, at some point later in the year, the notion of having escalating food prices is certainly not something that's going to take the edge off of that."

Despite that grim news and the horrific economic numbers released on Wednesday regarding retail sales --- (yes, CONSUMERS, as it turns out, are the backbone of the nation's economy...They are the job creators, not the parasitic corporations and executives who pretend to be) --- we've got some more good news today for those who can't wait to vote this November. It'll much easier --- and safer --- to do that in Virginia this year, thanks to a series of important election reforms signed into law over the weekend by the state's Democratic Governor. Among the many long-overdue reforms: No-excuse absentee voting; Automatic voter registration at the DMV; Repeal of Photo ID voting restrictions; Expanded early and Election Day voting hours; and Election Day will now be a state holiday, while the Lee-Jackson Day holiday, celebrating Confederate Generals who attacked the U.S., will no longer be celebrated.

All of those reforms come thanks to the Democratic majorities won for the first time in years in both the Commonwealth's Senate and House last year. And that is thanks, in no small part, to the court-ordered UNgerrymandering of Virginia last year.

But that's not all the good news about upcoming elections today. The Republican National Committee, according to mailers they paid for and sent out to Republican voters in Pennsylvania, has declared that absentee voting is "easy, convenient and secure"! Yes, the word "secure" was made bold on the "Official Republican Party Mail-in Ballot Application" sent out to voters in the Keystone State this week.

So, apparently, we can all happily ignore the President and other high-profile Republicans around the country who claim that Vote-by-Mail is a vector for fraud. Their own party, it seems, has just made liars of them! (Though that's not particularly difficult to do these days.)

Download MP3 or listen to complete show online below...

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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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(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)




Guest: Election and criminal justice expert Daniel Nichanian; Also: House schedules new impeachment hearing as Trump appeals federal ruling finding 'Presidents are not kings'...
By Brad Friedman on 11/26/2019 6:44pm PT  

At the BRAD BLOG and on today's BradCast, we'll even fight for Donald Trump's right to vote --- even from prison, should he find himself there at any time in the near-ish future. [Audio link to show follows below.]

But, first up today, a bit of impeachment-related news, even as Congress is on recess for the Thanksgiving holiday. The House Judiciary Committee (as opposed to the House Intelligence Committee) has announced a new impeachment hearing for next Wednesday. Judiciary Chair Jerrold Nadler sent a letter to the President on Tuesday, inviting him and his counsel to attend and potentially question witnesses in the hearing titled Titled "The Impeachment Inquiry into President Donald J. Trump: Constitutional Grounds for Presidential Impeachment." Along with his invitation, Nadler also offered a warning about the White House's continued refusal to make witnesses and documents available to the Constitutional proceedings in the U.S. House.

In related news, Trump's Dept. of Justice on Tuesday filed for a stay to a blistering federal court ruling ordering that former White House Counsel Don McGahn appear for scheduled testimony in response to a lawful Congressional subpoena regarding the House's examination of the Robert Mueller investigation. McGahn played a key role in the probe, helping to detail Trump's multiple attempts to obstruct the Special Counsel's investigation of Russian interference in the 2016 election and Team Trump's cooperation with the effort.

The DoJ is now seeking a pause pending an appeal to U.S. District Judge Ketanji Jackson Brown's scathing 121-page ruling [PDF] issued on Monday, in which she eviscerated the DoJ argument that Presidents and their current and former White House officials enjoy "absolute immunity" from Constitutionally-mandated Congressional oversight. "Stated simply," the Judge wrote, "the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings."

Trump, however, appears to feel otherwise. In addition to appealing the order, Trump tweeted today that "The D.C. Wolves and Fake News Media are reading far too much into people being forced by Courts to testify before Congress," adding that while he "would love" to have top Executive Branch officials like Sec. of State Mike Pompeo, acting Chief of Staff Mick Mulvaney and former National Security Advisor John Bolton testify in impeachment hearings in the Ukraine bribery affair, he is only "fighting for future Presidents and the Office of the President. Other than that, I would actually like people to testify."

But whether Trump wins his "absolute immunity" defense while President, it is unlikely to help him once he is out of office. To that end, yes, we'd hate to see him lose his right to vote if he ever should find himself imprisoned for any of his countless crimes. In the meantime, however, there are millions in prison who have already lost that right --- a right, not a privilege, even if many treat it that way --- while behind bars. There has been some noteworthy successful (and even bi-partisan in some cases) efforts of late in a number of states to help enfranchise former felons or those out of jail on probation or parole though state constitutional amendments, legislation or executive actions. But when it comes to the right to vote for those still in prison, the debate has been slower and more contentious. Currently, only Maine and Vermont allow prisoners to vote, a policy which Vermont's U.S. Senator Bernie Sanders strongly defended during a CNN Presidential Candidate Town Hall earlier this year.

At the same time, as our guest today, DANIEL NICHANIAN, Editor of The Appeal Political Report (better known as @Taniel on Twitter) points out, lawmakers in eight states and D.C. have filed legislation this year to allow people behind bars to exercise the right to vote. Rep. Ayanna Pressley (D-MA) has done the same at the federal level.

After a Republican New York state Assemblyman recently described a state Senate bill there that would enfranchise convicts as "insulting [to] members of law enforcement and the criminal justice system who worked diligently to get these dangerous predators off the street," Nichanian reached out to prosecutors, correctional facility officers and elected officials in Maine and Vermont to see if they agreed. You'll be surprised to learn that not one of them did, with almost all either finding it to be no problem or, more frequently, lauding the connection to "the real world" that voting allows imprisoned citizens as they pay their debt to society.

Nichanian, a Senior Fellow at the Justice Collaborative and expert on criminal justice reform and mass incarceration, shares insight from the officials he spoke with, and explains why reform on this issue (which disproportionately affects minorities) --- and a number of related topics --- is long overdue.

"We are not treating the right to vote as an inalienable, fundamental right of U.S. democracy, as a right that every citizen should have, and have protected," he tells me, explaining why "ending felony disenfranchisement would also mean that law enforcement professionals are no longer the arbiters of who gets to exercise democratic rights."

Nichanian notes that "the way in which we talk about people who are incarcerated, it would seem like we forget that these people have families, they have kids who go to school, and the school board elections matter to them. They have families who also need to care about their elected officials."

"There's all sorts of arguments of whether people are worthy of voting or not, whether people have shown enough civic capacity to vote or not," he argues. "And I find all of that universe of questions to be questionable, because we are claiming for ourselves the power and authority to decide whether our fellow citizens should have the same rights as us. I find that to be a problematic question. And I think that's just the bottom line: whether we want the right to vote to be a protected right for all U.S. citizens."

He says that "we are definitely seeing the criminal justice reform conversation encompass these issues of rights restoration, as a tool of re-entry, as a tool of thinking about how people remain human, as a way of thinking about economic justice and racial justice throughout the process." But whether that, theoretically bipartisan effort will ultimately become a fight for re-enfranchising felons remains to be seen.

We also discuss how the imprisoned population is used in the fight over apportionment, with the incarcerated counted in the census and for redistricting purposes, even while that huge chunk of the population is disallowed from exercising any real political power through the vote. "The time to address it is literally now, because the next round of redistricting and map-drawing is coming up. If this is going to be reformed, it has to be in the next couple of years, or else we'll have ten more years of problems on this."

Finally, Desi Doyen joins us today for our latest Green News Report as "climate emergency" is named "Word of the Year" by the Oxford Dictionary and, unfortunately, for very good reason...

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Guest: VA Delegate Mark Levine on Dems' new, long-awaited 'trifecta'; Also: Brand new touchscreen voting systems failed in GA and PA, while Dems saw a number of big wins in VA and probably KY...
By Brad Friedman on 11/6/2019 6:35pm PT  

On today's BradCast: There was much for Democrats to be delighted about in Tuesday's off-year elections around the country, though plenty for them to be remain very concerned about, including the failure of brand new voting system in several key battleground states. (Not to mention new charges of election fraud filed against Republicans in Ohio.) [Audio link to show follows below.]

We pick up today where we left off on yesterday's program, regarding disturbing voting disasters in several states, as nearly two-decade old touchscreen voting systems failed in Indiana, including flipping votes for at least the fifth year in a row, while brand-new, 100% unverifiable touchscreen voting systems being deployed in Pennsylvania and Georgia failed fantastically in several counties. Some voters were left unable to vote at all or facing long lines --- even during otherwise sparsely attended off-year municipal elections! Some candidates were left off of the electronic ballots all together and others found themselves with reportedly ZERO votes recorded on the all-new, way-better-than-the-old unverifiable touchscreen computer Ballot Marking Devices (BMDs) tested in both PA and GA before wide deployment for the critical 2020 Presidential election.

In GA, voters were unable to vote in 4 of 6 counties where the new $100 million Dominion Voting Systems ImageCast machines were test run in municipal elections, before they are deployed statewide to 7.5 million voters next year. The electronic pollbook systems that creates voter cards that must be inserted into the touchscreens weren't working properly on Election Day in those 4 counties, after they had worked fine during pre-election tests and early voting.

In the critical battleground state of PA, there were all kinds of problems with the new ES&S ExpressVote XL systems deployed for the first time to Northampton County (where the systems were said to be operating incredibly slowly and results were reported as 0 for some candidates, as later confirmed by the County) and in Philadelphia, where candidate names were missing and many of the machines reportedly refused to work at all. (But this will all be fine by 2020, right?)

As to actual reported results from key contests on Tuesday, we break down a disappointing, if not completely surprising gubernatorial loss for Dems in Mississippi, a big apparent win for Kentucky Democratic gubernatorial candidate Andy Beshear and the challenge to that still-unofficial victory by the state's unpopular Governor Matt Bevin, and then the unequivocal success for Dems in the great Commonwealth of Virginia. There, a blue wave resulted in new Democratic majorities in both the House of Delegates and state Senate. The long-awaited victories, along with a Democrat already in the Governor's mansion, mean that Dems will enjoy a "trifecta" in Virginia for the first time in nearly 25 years.

We're joined today by DELEGATE MARK LEVINE, representing Virginia's 45th District (including parts of Alexandria, Arlington, and Fairfax County) in the House of Delegates. Levine, who ran uncontested for his third term on Tuesday, credits Trump, almost entirely for the rise of the Democratic Party in the once deeply-red state. "I like to say the only good thing Donald Trump has ever done in his life is help us win state legislative seats," he says, describing the President as "the gift that keeps on giving". He "fed our fire," he argues, adding that he believes the ongoing impeachment proceedings helped, rather than hurt, turnout for Democrats in the Commonwealth just outside of Washington D.C

We also discuss the effect that recently court-ordered un-gerrymandered maps had on flipping the two General Assembly chambers from red to blue on Tuesday, as well as the role the state's recent switch from hackable and unverifiable touchscreen voting systems to hand-marked paper ballots may have had, and whether Democrats will continue to support a state constitutional amendment for an independent redistricting commission now that they will be in control of both the Assembly and the Governor's mansion after the 2020 Census.

Levine, the longtime progressive radio host of "The Inside Scoop from Washington", breaks down a litany of long overdue policy agendas Democrats plan to undertake with their newly won majorities, including becoming the final state needed to ratify the Equal Rights Amendment (though legal battles await after their passage of the ERA).

"We're going to lead the way on gun safety laws. We're going to finally do something about climate change, which the Republicans have been fighting us on for decades. We're going to raise the minimum wage. We're going to do criminal justice reform. We're going to have non-discrimination for LGBT Virginians. We're going to improve education and teacher salaries, and workers' rights, consumers' rights, lower the cost of health care --- I'm really just getting started," he says, before explaining that "Democrats are unanimous" when it comes to expanding voting rights as well, including making it easier to vote with early voting, same-day registration and more.

"We're going to get past the Joe Biden wing of the party and into the Elizabeth Warren wing of the party," he vows. "Maybe some things on the further-most progressive edge, we might not have the votes for. But we're going to do a lot to change Virginia in a very blue direction"...

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Guest: Politico's Alice Ollstein; Also: Repubs suppressing the 2020 student vote, Dems push-back in TX; Katie Hill's final floor speech...
By Brad Friedman on 11/1/2019 6:31pm PT  

On today's BradCast: Progressive 2020 Democratic candidate Elizabeth Warren finally releases her detailed proposal explaining how she plans to pay for "Medicare for All" with "not one penny in middle-class tax increases" and Democrats begin their push-back against a coordinated national GOP effort to curb surging turnout by young voters who, for some reason, tend to lean strongly Democratic when they are allowed to vote. [Audio link to show is posted below.]

First up, we're joined by longtime health care reporter ALICE OLLSTEIN of Politico to break down the pay-fors and the politics of Warren's newly introduced details on how she hopes to fund her $52 trillion single-payer Medical for All plan without raising taxes on the middle class. Warren, in a 9,300-word Medium post on Friday, explained that "Medicare for All is about the same price as our current path --- and cheaper over time." The difference with our current path and her plan, she says, is that her plan covers everyone and even includes new benefits for dental, vision and long-term care, without spending more money than Americans pay overall right now for care that is twice as expensive as the rest of the developed world, but with worse outcomes.

Where fellow progressive Bernie Sanders has emphasized that middle class taxes would necessary increase under his version of Medicare for All while overall costs to Americans would be lower (thanks to no more monthly premiums, co-pays, deductibles, etc.), and where more centrist 2020 Dems like Joe Biden, Pete Buttigieg, Amy Klobuchar and Kamala Harris have argued that it would be impossible to find the trillions needed for such universal single-payer plans, Warren laid out her proposal for covering everyone with better care, doctors of their choice, and no increases in taxes on the middle class. The burden as she describes will fall largely on corporations and the top 1% of taxpayers.

"It's interesting that there's been so much focus and pressure on her to produce a plan to pay for a plan that she didn't write --- it's Bernie's plan. But she has embraced it, and since she has made her personal brand being the woman with a plan for everything, it makes sense why she was pressed on this, and why she felt that she had to put something serious out there," Ollstein tells me.

Warren's plan, as Ollstein reports, even offers incentives for business to unionize in order to save money for both workers and companies, while companies are required to pay no more for health care than they already do. Effectively, argues Ollstein, Warren's expansive proposal is effectively "trying to flip the tables" back on her opponents to demonstrate how either she is wrong about her plan, or how their own plans might offer better coverage to all for less money.

Her Democratic competition, however, are not the only ones currently gunning for both her as she continues to rise in the polls, and the others seeking to improve our woeful health care system. "The medical providers have been mobilizing all year long, not just against Medicare For All but for all of the more incremental reforms, as well. They do not want to take a haircut on any of this. And this would be far more than a haircut. This would be a very deep cut."

The debate over Warren's extraordinary ambitious proposal, however, and those of other Democratic candidates, will continue for some time, even if one of them is elected. "What ends up getting actually debated and passed will not look like what we're talking about now," Ollstein predicts. "How close it looks like to what we're talking about will depend on who turns out to vote in 2020, and who sits in those seats in the House and Senate. Because, man, elections matter."

Yes, they do. And Republicans know it. And the GOP effort to prevent Warren or any other Dem who wants to improve health care for Americans from taking ofice is already well under way in a number of battleground states, including Wisconsin, New Hampshire, Florida, North Carolina and Texas, where Republican lawmakers have been instituting particularly insidious measures to make it much harder for young voters, in particular, to cast a vote at all next year. We detail some of those anti-democratic and anti-Democratic measures today, along with some of the first of the push-back from Dems, who filed suit this week against a recently adopted Texas law that effectively shuts down voting all together on many college campuses. That, as voters in Texas and a number of other states, including Virginia, head to the polls for important elections this coming Tuesday.

In related breaking news as well today, Democratic 2020 candidate Beto O'Rourke of Texas announced that he would be dropping out of the Presidential nominating contest.

Finally, freshman Democratic Congresswoman Katie Hill of California offered her final U.S. House floor speech on Thursday, following the vote on rules for the process of impeachment of Donald J. Trump. Her remarks come after announcing her abrupt and surprise resignation last weekend in the wake of an ugly divorce battle, an ethics investigation regarding an affair with a staffer (which she denies), and nude photos of her being published by rightwing websites. She suggests those photos were given to her opponents by her "abusive" husband. In her fiery final floor remarks, Hill excoriates what she describes as a double-standard for women who are victimized by revenge porn, even as men who are credibly accused of sexual assault and violence, like the President of the United States (and two U.S. Supreme Court Justices) remain happily in office...

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Guest: Former Asst. U.S. Attorney Randall Eliason; Also: Army officer was so alarmed by Trump's Ukraine scheme he alerted NSC lawyers; NC court orders ungerrymandered U.S. House maps for 2020!...
By Brad Friedman on 10/29/2019 6:17pm PT  

On today's BradCast: We're at the point in the ongoing impeachment inquiry of Donald J. Trump when the facts against him have become so damning that he and his supporters in Congress are pretty much just tossing everything they can against the wall to see what, if anything sticks. [Audio link to show is posted below.]

But first today, some long-overdue very good news out of North Carolina, where a three-judge state court panel has determined the state's Republican-drawn Congressional maps to be an "extreme partisan gerrymander" and has ordered new maps before the 2020 elections. The court went so far as to state that no more Congressional elections may be run on the current maps, and if new ones aren't drawn in time for next year's March 3 primary election, the judges --- two Democrats and a Republican --- will postpone the primaries until they do.

The news is long-overdue, though hardly a surprise. North Carolina is the most divided of swing states, but the GOP-skewed maps have resulted in 3 Democrats and 10 Republicans in the state's Congressional delegation for the past decade. A federal appeals court already ruled the same map to be an unconstitutional partisan gerrymander and ordered a new one drawn. But that ruling was ultimately over-ruled by the stolen Republican majority on the U.S. Supreme Court earlier this year, when they declared in a 5 to 4 opinion that federal courts may not hear partisan gerrymandering cases. Only state courts may now do so, and now North Carolina's state court has done so. The same court ruled last month that the state's legislative districts were also drawn in violation of the state constitution and ordered new maps there as well.

Meanwhile, speaking of Congress, a White House national security official and decorated Iraq War vet offered startling testimony to House impeachment investigators on Tuesday, regarding Trump's scheme to withhold nearly $400 million in military assistance to Ukraine unless the nation's President promised to investigate Joe Biden in advance of the 2020 election. Lt. Col. Alexander Vindman serves as the top Ukraine expert on the White House's National Security Council (NSC) and is the first official to testify in the impeachment matter who actually listened live to Trump's infamous July 25 "I need a favor though" phone call with Ukrainian President Volodmyr Zelensky.

According to Vindman's prepared opening statement obtained by the New York Times, the veteran Army officer and longtime civil servant was so alarmed by Trump's strong-arm tactics and withholding of military aid that, out of a "sense of duty", he alerted the top lawyer at the NSC --- twice --- in order to register internal objections about the policy, which he feared would "undermine national security."

"I am a patriot,” Vindman says in his testimony, "and it is my sacred duty and honor to advance and defend our country irrespective of party or politics." Since news of his testimony broke on Monday night, rightwing media have been attacking the Purple Heart winner who was wounded by an IED in Iraq, as a traitor who must be working for Joe Biden or George Soros or Ukraine, after he fled the then Soviet-controlled country as a 3-year old with his parents in 1979.

Next, were joined by former Asst. U.S. Attorney turned George Washington University Law School professor RANDALL ELIASON to discuss the Republicans' continuing, nonsensical whining that the impeachment inquiry lacks "due process" for the President. Though each of their arguments toward that end have been dismantled by both facts and federal courts in recent days, they are still making the case which Eliason describes as "nonsense" in his latest Washington Post op-ed.

He explains why on today's program, noting the old "saying in Washington, that if you're arguing about process then you're losing," adding: "I think that's certainly the case here." Eliason, a longtime expert in white collar crime, government fraud and federal criminal law, responds to a number of different allegations being offered by Trump and his defenders, including the specious claim that there is no crime at the heart of Trump's quid pro quo pressure campaign against Ukraine.

He also offers his thoughts on the recent news --- and "incredibly suspicious" timing behind it --- that Trump's Attorney General Bill Barr has elevated the Dept. of Justice's probe into the origins of the 2016 investigation into Russian election meddling into a criminal investigation of some sort.

Finally, Desi Doyen joins us for the latest Green News Report on California's wind-drive wildfires, Massachusetts' new climate fraud lawsuit against Exxon Mobil, and Trump's new plan to steal Syria's oil in violation of international law. Also, as we close, late news and a few thoughts on the nation's largest private coal company, Murray Energy, declaring bankruptcy protection today. So much for Trump's promise to save the dirty coal industry. Now, what about the company's long-serving coal miners who may very well lose their pensions and health care under Trump-supporter Robert Murray's scheme to restructure his dying company?...

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Guest: Dr. William 'DocDawg' Busa on that and two U.S. House Special Elections in NC as Dorian closes in; Also: TX shooting highlights 'gun show loophole'; Trump creates fake map to mask his AL hurricane lie...
By Brad Friedman on 9/4/2019 5:59pm PT  

On today's BradCast, w've got some very good news for democracy, for a change, today --- and it comes out of North Carolina of all places! But first, a few quick updates on some others stories we've been following recently on the program. [Audio link to show is posted below.]

  • Hurricane Dorian is weaker but larger after devastating parts of The Bahamas. The now-Category 2 storms is moving incredibly slowly northward, perilously close to the Florida Coast, and on a more direct path that could include landfalls in Georgia, South Carolina, North Carolina, and even Virginia. Massive storm surges and power outages are predicted for many of those states in the days ahead;
  • Following two recent mass shootings in Texas, one at a Walmart store in El Paso where 22 were killed by a white nationalist, the superstore chain announced a change to its policies on gun and ammo sales and is asking shoppers to no longer open carry weapons in their stores. Grocery giant Kroger has also now asked customers to leave their guns at home. In response, the terrorist-enabling NRA shot a letter to Walmart describing their new policy as "shameful".

    That, as law enforcement officials confirm that the gunman who killed 7 and injured more than 20 during a Labor Day holiday weekend shooting rampage in Odessa and Midland, TX had failed a federal background check for purchasing a firearm before buying his semi-automatic assault-style rifle through a private sale with no required no background check. The so-called "gun show loophole" in the federal background check law allows for private sales between friends and families, on a number of online forums, and via some vendors at gun shows. Such sales amount to an estimated 25% to 40% of all guns sales in the U.S., but NRA-controlled Republicans in Congress have refused for years to allow an up or down vote on measures that would close the loophole, despite overwhelming public support, including from members of the NRA;

  • Then, we get to the huge news out of the North Carolina Superior Court, where a three-judge panel (2 Dems and 1 Republican) unanimously ordered the GOP-dominated state legislature to redraw its state House and Senate maps before the 2020 elections. The court found the current maps to be partisan gerrymanders in violation of the state Constitution's Free Elections Clause, Equal Protection Clause, and Free Speech and Free Assembly Clauses. The current maps, as allowed for use in 2018 after the U.S. Supreme Court declared in early summer that federal courts may not block partisan gerrymandering, were themselves newly drawn after the ones created by state Republicans following the 2010 Census were found to have been racially gerrymandered in violation of the U.S. Constitution. The existing state legislative maps resulted in a 65 - 55 seat majority for the GOP in the state House, even after 2018's "Blue Wave" election when Democrats received 51% of the votes statewide to the GOP's 49%. The state Senate is similarly gerrymandered in favor of Republicans, as is NC's U.S. House map in the closely divided state where Democrats have held just 3 seats in the state's 13-seat Congressional delegation over the past decade.

    We're joined today once again by NC election expert and campaign consultant DR. WILLIAM BUSA of EQV Analytics, who is perhaps better known as "DocDawg" at Daily Kos. Busa breaks down what Tuesday's 357-page ruling [PDF] means for NC voters, describing "a court that clearly has had it up to here with the GOP's ten years of obstruction of justice in this matter."

    He believes the new maps will help "level the playing field" and possibility result in long-overdue Democratic majorities in one or even both chambers of the state legislature next year, though he details a potential GOP scheme to undermine the court's ruling that might explain the decision by Republicans to not appeal Tuesday's landmark order. "We won the vote" last year, he notes, "we just didn't win the map. If we win the map, we can win the vote again, and we'll have the whole shooting match."

    All of this is happening as two U.S. House Special Elections are currently underway in the state, with Election Day set for Tuesday (September 10) as the slow-moving Hurricane Dorian is creeping toward the state. One of the House elections will fill the seat vacated by the late Republican Rep. Walter Jones in NC's 3rd Congressional district which runs the entirety of the state's now-imperiled coastline. The other election, in NC's 9th district, is the long-awaited do-over election following the GOP Absentee Ballot Fraud Scandal last November which resulted in the State Board of Elections refusing to certify an extremely narrow reported "win" by the Republican candidate.

    What effect will the impending storm and all of these various controversies have on Tuesday's election --- if it is not postponed due to Dorian? Busa explains it all for us on today's action-packed program!

  • And finally, speaking of bad maps, we close today with the story of the somewhat mind-boggling and continuing attempts by Donald Trump to justify his false --- and potential unlawful --- repeated claims that Dorian was threatening the state of Alabama. It wasn't and isn't. But that hasn't stopped Trump from both lying about it repeatedly and today, incredibly, producing a clearly doctored map in the White House in hopes of supporting his obviously false claims...

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Guest: Veteran Weather Channel meteorologist Guy Walton...
By Brad Friedman on 9/3/2019 6:34pm PT  

There were a number of bullets dodged in the past few days, literal and otherwise, and some that, tragically, were not. We cover them on today's BradCast. [Audio link to show is posted below.]

Most of Florida appears to have dodged a bullet --- though Georgia, South Carolina and North Carolina aren't in the clear yet --- after the deadly and incredibly slow-moving Hurricane Dorian, once a Category 5, heads to the north, grazing the coast of the Sunshine State after catastrophically devastating several large islands in The Bahamas. We're joined today by Atlanta-based, 30-year Weather Channel meteorologist GUY WALTON, who now tracks extreme weather and our worsening climate crisis at his website, GuyOnClimate.com. He offers insight into what has made Dorian such an unusual, deadly, and wildly unpredictable storm.

"Steering currents are being affected by climate change and, as more warmth gets put into the atmosphere, the weaker those steering currents are going to be," Walton, who has written a children's book on the climate crisis, tells me in explaining the "$250 billion question" about "where the storm is going to be going." He says the weakened steering currents are what allow storms like Harvey in Houston two years ago and now Dorian to basically stand in place. "Dorian stalled over the Bahamas, and in this case, that was extremely bad for The Bahamas but good for Florida. It's very unusual to have a system just stall like that."

"We're getting more Category 4s and 5s forming in the Atlantic basin, and they're forming quite rapidly. Dorian formed near Puerto Rico and it did give them some tropical storm force winds, but it was only a Cat 1 at the time, and it really didn't take it more than about 24 hours to become a Cat 5," he observes, citing the increased effect of climate change on these storms. "We've had four out of the last five years seeing Cat 5s. We've had Dorian, Michael, Maria, Irma, and Matthew. And two of the storms --- Michael and Maria --- hit the United States as 5s."

A number of Texas residents were much less lucky than Floridians over the Labor Day holiday weekend, as actual bullets were flying yet again in the Lone Star state in yet another mass shooting by another young American white man. This one in the West Texas towns of Odessa and Midland resulted in 7 killed, more than 20 injured, a cowardly, sputtering President of the United States who clearly hasn't a clue what to do about it, and a cowardly Texas Governor who, after recently loosening gun restrictions in Texas to allow weapons of mass destruction in public schools and churches, suggests he might finally be willing to take action that might actually help protect Texans for a change by curbing the scourge of gun massacres in the state since he's taken office. We wouldn't hold our breath for that action, however. Texas Governor Greg Abbot, like Donald Trump, is a Republican who lives in fear of the terrorist-enabling NRA and places his own political career over the actual lives of the people he is sworn to protect and serve.

Democratic voters in the 2020 caucus states of Iowa and Nevada, meanwhile, may have dodged figurative bullets thanks to a few experts who managed to hack a recent closed telephone conference call by the DNC's Rules and Bylaws Committee as they were considering approval of plans by those two states to add unsecure remote telephone voting options to next February's caucuses there. The new plans were being prepared in answer to the DNC's mandate enacted after the contentious 2016 primary battle between Hillary Clinton and Bernie Sanders in hopes of encouraging states to hold more inclusive primary elections rather than caucuses. If state parties chose to hold caucuses, however, the DNC is requiring them to add some form of remote voting option for those unable to attend hours-long, in-person caucuses. The remote voting plans in Iowa and Nevada, however, now appear all but dead, at least for 2020.

And, as we were just finishing up today's show, some more good news for Democrats --- and for all voters who believe in fair elections --- as North Carolina's State Superior Court issued a 357-page [PDF] ruling finding the state's GOP-gerrymandered legislative districts are unconstitutional and ordering new maps to be drawn before the 2020 elections in the closely divided battleground state. (Much more on that last story, undoubtedly, on tomorrow's BradCast!)

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Public pressure in NC almost results in statewide hand-marked paper ballots --- almost; WI's Scott Walker files suit to undermine MI democracy; And many others reasons to fight for your democracy right NOW...
By Brad Friedman on 7/30/2019 4:47pm PT  

On today's BradCast: The hack of over 100 million personal financial records of those who applied for credit cards at Capital One, one of the nation's largest financial institutions, underscores yet again how insane it is that we are relying on proprietary, un-overseeable computer systems "overseen" by Mr. and Ms. County Clerk to safeguard free and fair elections with results that can be known by the public to be accurate. [Audio link to full show is posted at end of article.]

The Capital One hack did not take a nation-state like, say, Russia, to accomplish. It was allegedly pulled off by one woman hacker who lives with cats in an apartment in Seattle. But if Capital One can't protect its data --- even from a lone hacker in Seattle --- what chance do you really think your local county clerk or even state election official has in protecting the votes of millions of voters? Should you be concerned about those three guys who, according to testimony last week in federal court from a Georgia Sec. of State's official --- as discussed on our show yesterday --- program every voting machine in the state, without oversight, from their garage?

Georgia, of course, is not the only swing state right now considering the purchase of millions of dollars of new, if 100% unverifiable, computer voting systems for use in the crucial 2020 Presidential election. The closely divided North Carolina is doing the same. Thanks to public pressure from a lot of folks on the ground in NC, however, the State Board of Elections appeared, as of Monday night, to be on the verge of a resolution that would effectively mandate hand-marked paper ballot systems across the state.

That decision however, as we report today --- with some new details from those carrying out the fight locally in the state --- may now be on very shaky ground after possible pressure on State Board officials applied by ES&S, the nation's largest voting vendor and, currently, the only vendor certified to do business in the Tar Heel State. A new meeting is now scheduled for Thursday to consider rescinding the motion passed by the Board on Monday night.

The fight for free, fair and publicly overseeable elections in North Carolina, Georgia and many other states and counties around the country is taking place right now. As in previous years, waiting until after the election will be, once again, too late to do anything about whatever may happen. We try to give you the information you need every day here to fight for your publicly overseeable democracy. What you do with that information, however, in your own locality, is up to you. And you are really needed right now.

Meanwhile, after Florida Republicans recently undermined a landmark state Constitutional Amendment adopted in a landslide by voters last November to restore voting rights to some 1.5 million former felons, a similarly popular state Constitutional Amendment adopted in 2018 by Michigan voters is also now under fire by Republicans. Amendment 2, adopted by 61% of statewide voters last November, creates an independent redistricting commission to draw fair state legislative and U.S. House maps after the 2020 Census. The effort came in response to the state's wildly gerrymandered 2011 maps which have kept Republicans in the majorities in the state legislature and U.S. House delegations, despite receiving fewer votes than Democrats statewide. Though federal courts found MI's maps to be unconstitutional, an opinion by the stolen Republican majority on the U.S. Supreme Court killed that ruling in June, with Chief Justice John Roberts declaring federal courts may have no say in partisan gerrymandering cases, while citing, among other things, the citizen-led effort to create an independent redistricting commission last November in Michigan as an alternate solution to unfair partisan maps.

But, on Tuesday, a Republican group led by Wisconsin's former Gov. Scott Walker --- who approved similarly gerrymandered maps in that state before eventually being voted out of office last November --- filed suit in federal court to kill Michigan's Prop 2. The group claims the Amendment violates the Free Speech and Equal Protection clauses of the U.S. Constitution. We explain and discuss.

Finally, Desi Doyen joins us for the latest Green News Report, with some good news for California in its fight against Donald Trump over new vehicle mileage and emissions standards; cable networks announce 2020 Democratic climate change forums; and professional Republican climate change denier and pollster Frank Luntz announces he has a change of heart...

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Guest: Slate's Mark Joseph Stern; Also: Biden plummets, Harris and Warren spike in new polling after first 2020 Dem debate; Callers ring in...
By Brad Friedman on 7/1/2019 6:22pm PT  

After our two-day Special Coverage of the first 2020 Democratic Presidential Debate last week (Night ONE here, Night TWO here), we begin on today's BradCast to get caught up with some of the important news that we were unable to adequately focus on last week. (Even it may take a few days to get fully caught up, if ever!) [Audio link to show is posted below.]

First up today, we're joined for one last time this SCOTUS term by MARK JOSEPH STERN, the great legal reporter at Slate who has helped us make sense of the Court's most recent term under its stolen Republican majority, including many of the oral arguments since last Fall in a bunch of important cases and all of the subsequent rulings handed down in the past several weeks. The last of those rulings were, perhaps, the most consequential, and both came smack dab in the middle of Nights ONE and TWO of the Dem debate last week.

Today, Stern details the Court's horrendous (if not unexpected) 5 to 4 partisan ruling finding partisan gerrymandering to be perfectly Constitutional, despite all of the lower federal courts which have found otherwise. That, even though the practice, taken to new computer-precision extremes by the Republican Party following the 2010 Census, has bastardized the notion of fair representation at both the state legislative and Congressional levels. (eg. See North Carolina, which largely votes 50/50 for U.S. House members over the past decade, but has been represented in the House by just 3 Democrats and 10 Republicans over all of those years!) Stern describes the majority ruling, penned by Chief Justice John Roberts, as a "crushing defeat for voting rights" and a "fiasco for democracy". He explains how the rightwing majority ruling debunks the Chief Justice's own claim that he is the Court's "most aggressive defender of the First Amendment" in that extreme partisan gerrymandering blatantly robs voters of their First Amendment rights by punishing Americans for their partisan leaning, stripping them of the ability to be fairly represented.

"Partisan gerrymandering is uniquely evil and difficult to fix," Stern argues, "because it attacks the foundations of democracy. It entrenches a certain political party's power almost indefinitely, and creates a map that will hold even if the state votes against that party." Now, says Stern, the legal battle to rollback rigged election maps moves to the state court level instead, since SCOTUS has now determined that federal courts have no say in the matter (even though they long ago found racial gerrymanders, if not partisan ones, to be a violation of the Constitution.) "That's why this is the 'nightmare' scenario," he tells me. "Because if the legislature can't fix it --- and why would it fix it, they love what they've done --- you really have to rely on the courts to step in and fix it. And now Chief Justice Roberts has said that the federal courts are not going to hear these claims, that they're shut out forever. That leaves few avenues for relief for voters in these states."

We also get Stern's thoughts --- and callers who ring in on the topic as well today --- on whether Democrats, in states which they control after the 2020 Census should similarly use extreme partisan gerrymandering tactics to balance the scales by keeping Republicans out of power in such states, given that the High Court has granted its blessing for such tactics.

And, speaking of the Census, the other major ruling dropped last Thursday by SCOTUS was on whether or not the Trump Administration may add a question on citizenship to the 2020 Census. In that case, Roberts joined with the Court's liberals to reject the government's claim that they were simply hoping to add the question at the request of the Dept. of Justice in order to better enforce the Voting Rights Act. That transparently false claim was rejected by Roberts who wrote that it "appears to have been contrived".

In fact, it was, as several lower courts have ruled, even before the evidence from the hard drive of a recently deceased GOP gerrymandering expert revealed the entire charade was specifically meant to decrease the response rate by Hispanic and other immigrant communities in order to shift federal funding and voting power to Republicans and non-Hispanic whites. So, that decision was the good news. The not-as-good-news is that Roberts also left the door open for the Administration to try again with a less pretextual reason for adding the question, if they can come up with one. Or, as Stern sums up Roberts' directive in four words today: "Lie better next time." Whether the Trump Administration can do so before the deadline to send the Census to the printer (which, the Admin previously argued in court was a hard deadline of July 1, but now says "well, maybe October would be fine?") remains to be seen.

Next we open up the phone lines to listeners on last week's Democratic debate in Miami. Who do listeners feel did better than expected? Who did worse? The first polling is out today from CNN following last week's debate, finding a pretty huge shift among the Dem and Dem-leaning electorate. The survey finds Senators Kamala Harris and Elizabeth Warren are up 9 and 8 points respectively, while Joe Biden has fallen 10 points since the last CNN poll. That places Harris, Warren and Sen. Bernie Sanders (whose support dropped a few points) all now within just over 5 points from the former Vice President and perceived "front runner" for the Democratic nomination. That pretty seismic shift all comes after just one single debate...with about 11 more to come in the months ahead...

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Guests: Heather Digby Parton and Dave Johnson; Also: Bad news from SCOTUS on partisan gerrymandering, slightly better news on next year's U.S. Census...
By Brad Friedman on 6/27/2019 5:11pm PT  

Our special coverage of Wednesday's night's first 2020 Democratic Presidential Debate from Miami is momentarily waylaid at the top of today's BradCast, for quick coverage of two major, long-awaited opinions released by the Republican's stolen U.S. Supreme Court this morning, the final day of its term before Justices leave for summer recess. [Audio link to show follows below.]

The first opinion, featuring a 5 to 4 Republican- versus Democratic-appointee split, is very bad news for voting rights and democracy advocates on partisan gerrymandering cases out of Maryland and North Carolina. Writing for the GOP majority, Chief Justice John Roberts declared federal courts have no place entering disputes over extreme partisan gerrymandering of state legislative and U.S. House districts, giving a green light to majority-party state lawmakers to use sophisticated computer programs to slice up maps in a way that guarantees majorities for the party in power during the redistricting process following a decennial U.S. Census. Despite lower court rulings finding Republicans in Michigan, North Carolina, Ohio and Wisconsin violated the Constitution by drawing statewide U.S. House maps meant to assure Republicans remained in power, even when receiving fewer votes over all, the partisan divided SCOTUS decision now overturns all of those previous rulings, and one out of Maryland where a U.S. House district was drawn Democrats to keep it out of the hands of Republicans.

Critics, including Justice Elana Kagan who penned a blistering minority dissent, note that the SCOTUS majority now leaves it to the very same gerrymandered legislatures who created the undemocratic problem to somehow work it out, even though it may be impossible for opposition lawmakers to gain enough of a foothold to actually change the process under the bastardized maps. In her dissent, Kagan notes partisan gerrymanders "debased and dishonored our democracy, turning upside-down the core American idea that all governmental power derives from the people." Her opinion, representing the High Court's four liberal justices, concludes: "Of all times to abandon the Court's duty to declare the law, this was not the one. The practices challenged in these cases imperil our system of government. Part of the Court's role in that system is to defend its foundations. None is more important than free and fair elections."

All of which makes the Court's other major opinion today, on whether the Trump Administration will be allowed to add a question about citizenship to the 2020 Census, all the more crucial, but slightly better news, for the moment, anyway. In that case, Roberts joined with the court's progressives for a 5 to 4 ruling that bars the Administration, at least for now, from adding the question to next year's Census. In this case, the Chief Justice notes that the Administration's pretextual reasoning for doing so "appears to have been contrived". Indeed, despite warnings by experts at the Census Bureau itself that the question would decrease the response rate by millions, officials at Trump's Dept. of Commerce (which runs the Census Bureau) and the Dept. of Justice lied to both Congress and the Courts about their reason for adding the question.

Evidence has revealed that, in fact, the Administration hoped to include the question specifically in order to under-count immigrant communities in hopes of shifting billions of dollars in federal funding --- and still more voting power --- to "Republicans and non-Hispanic whites" over the next decade. That fact was made clear by, among other things, evidence revealed from the hard drive of the GOP's recently deceased gerrymandering expert. The good news in the Census ruling today is somewhat tempered by the fact that the case has now been sent back to the lower court for further consideration, allowing the Trump Administration another bite at the apple to come up with a more plausible justification --- or at least one that the stolen SCOTUS can more easily accept --- for why they insist on adding the new question before the deadline for printing the 2020 Census. The Administration had previously said that deadline was at the end of this month, though Trump has now asked his attorneys to see if the Census may be postponed.

Then it's on to our Special Coverage of Night One of the first Democratic Debate of the 2020 Presidential cycle, which featured ten candidates in all, including MA Sen. Elizabeth Warren; former TX Rep. Beto O'Rourke; MN Sen. Amy Klobuchar; NJ Sen. Cory Booker; former HUD Secretary and San Antonio, TX mayor Julian Castro; NYC Mayor Bill De Blasio; WA Gov. Jay Inslee; OH Rep. Tim Ryan; former MD Rep. John Delaney; and HI Rep. Tulsi Gabbard.

We're joined for today's special coverage by Salon's and Hulaballo's award-winning columnist HEATHER DIGBY PARTON and Seeing the Forest's DAVE JOHNSON, formerly a Senior Fellow at the progressive Campaign for America's Future.

Parton and Johnson offer post-debate analysis and smart insight on as many of those candidates as we can possibly fit in to the hour, along with thoughts on which of them exceeded, met or under-performed expectations; why it is that Democrats appear (foolishly) to be shying away from taking on Donald Trump directly, despite the extraordinary threat he and his Presidency pose to the nation and the world; how Democrats, as a party, now appear to be approaching issues such as taking on corporate monopolies, the need for universal access to healthcare as a human right (and the strange question about abolishing private health care insurance), foreign wars and more. We also discuss, as raised --- but largely unanswered --- during Wednesday's debate, how a Democratic President might counter obstructionist Republican Majority Leader Mitch McConnell should the GOP maintain control of the U.S. Senate after 2020.

All of that, of course, is just a sampling of the sweeping ground we cover on today's very busy and very lively BradCast, as we await Night Two, with another ten candidates, to be covered on our next program!...

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Also: Sestak jumps in; SCOTUS says trademark law is 'FUCT'; Pence defends squalid conditions for detained children; Even NC knows hand-marked paper ballots are needed, so why doesn't L.A. County?; Callers ring in on the Dem 'horse race' before this week's two-night Dem debate...
By Brad Friedman on 6/24/2019 6:29pm PT  

We've largely stayed away from the "horse race" on the Democratic side of the 2020 Presidential race to date, preferring, as we're wont, to focus on more immediate issues, as well as the "track conditions" on which the horses are set to run next year. But on today's BradCast, we finally open the phones to turn to the horse race a bit, in advance of this week's first 2020 Presidential debates.

But first, a few news items of note. Among the stories covered today before we turn to the phones....

  • Were you thinking that 23 or 24 candidates for the Democratic Presidential nomination just wasn't enough? Were you hoping one more white male from a swing-state might enter the race? Well, retired three-star Navy Vice Admiral, former Pennsylvania Congressman and failed U.S. Senate candidate Joe Sestak may be the man for you!;
  • In U.S. Supreme Court news, the Justices released an opinion today finding that the decades-old federal statute preventing the issue of trademarks to brands determined to have "scandalous" or "immoral" names is, in fact, an unconstitutional violation of the Free Speech clause. That will be good news to lifestyle brand FUCT which had been denied a trademark registration for years. In her opinion for the majority, Justice Elana Kagan also may have offered a preview, according to Mark Joseph Stern, of, at least, her opinion on the Court's upcoming crucial ruling on partisan gerrymandering, as she noted that free speech cannot be denied on the basis of viewpoints or ideas conveyed. The challengers in the two partisan gerrymandering cases pending before the Court --- with a decision due any day now --- are arguing that state political opponents are seeing their voting power diluted by the party in power on the basis of their political viewpoints when it comes to the partisan gerrymandering of maps for the U.S. House and state legislatures;
  • In a follow-up to our Friday program's segment focused on horrific conditions for migrant children detainees on the border, Vice President Mike Pence was on CNN Sunday, working very hard to filibuster and otherwise avoid Jake Tapper's direct questions about the Administration's argument --- offered last week in federal appeals court --- that denying soap and toothbrushes to children forced to sleep on freezing concrete under a single foil blanket in overcrowded facilities somehow qualifies as "safe and sanitary" conditions for those children, as required by federal courts. Late today, some good news on that front, as nearly 300 children at a "squalid" Texas facility --- featuring lice, the flu, kids who hadn't showered in weeks, and detained children asked to take care of infants and toddlers --- have now been transferred out of at least that horrific facility...at least for now;
  • Then, with one failure after another after another in North Carolina's elections in recent months and years, even the former counsel for the North Carolina state Board of Elections is now calling for HAND-MARKED paper ballots for every voter. So why isn't the state of Georgia? Why isn't the city of Philadelphia in the key swing-state of PA? Why is the nation's largest voting jurisdiction, Los Angeles County, now moving from hand-marked paper ballots to 100% unverifiable touchscreen Ballot Marking Devices (BMDs) in advance of the 2020 Primaries? And why is Mitch McConnell in the U.S. Senate blocking any and all legislation that would increase election security by, among other things, mandating a hand-marked paper ballot for all voters? We discuss. Again;
  • Then, we open up the phone lines to callers, with the broad questions in advance of the first 2020 Democratic Presidential debate this week: What will our listeners be looking for in this Wednesday and Thursday's two-night face-off among 20 candidates? What is the most important factor they hope to find in a Democratic nominee? Who do they like so far and who do they not like? We offer the chance to advocate --- or bash --- any of the candidates callers may wish, along with the question: Would they vote for a nominee they may not like in the general election, rather than hand Donald Trump a nation- and planet-devastating second term? We got a lot of good callers and interesting thoughts from them along the way...

Please enjoy today's very lively show!...

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Guest: Slate legal reporter Mark Joseph Stern; Also: Trump lauds socialism at 'campaign kickoff'; WH, DoJ nix Hicks testimony in House; Trump EPA to help kill thousands with new roll back of Obama coal regs...
By Brad Friedman on 6/19/2019 6:34pm PT  

On today's BradCast, after what seems like a too-long absence, we're joined again today by Slate legal reporter MARK JOSEPH STERN for insight on the first batch of U.S. Supreme Court opinions issued at term's end this week. [Audio link to show follows below.]

But first today, mercifully brief coverage of Donald Trump's re-election campaign launch in Orlando, Florida on Tuesday night. While the rally followed the same tired pattern of pretty much all of the campaign rallies he's held non-stop since becoming President --- (Remember when the GOP and Fox 'News' used to complain that Obama was holding campaign rallies as President, rather than governing? That was darling.) --- the usual recitation of Trump lies and nonsense also included a fascinating reference to Republican opposition to "socialism" just one mere breath before Trump (falsely) touted GOP support for protecting much-beloved socialist programs such as Social Security and Medicare. The irony, no doubt, was lost on most of his brain-poisoned followers on hand or watching via the Fox "News" disinformation channel.

On Capitol Hill today, Democrats in the House Judiciary Committee finally heard testimony from a former Trump official in the aftermath of the damning Robert Mueller Special Counsel report. Longtime Trump aid Hope Hicks --- who worked with him before his campaign, during it, during the transition and in the White House --- cooperated with the Mueller probe and is cited within it as a witness about 180 times. She agreed to testify today, though only behind closed doors, with a transcript to be released later. However, White House and DoJ Attorneys were also on hand to continue what Committee member Rep. Ted Lieu (D-CA) described as "obstruction of justice in action". The lawyers issued objections to any and all questions related to Hicks' service with Trump as President, asserting "absolute immunity" from such questions. That is a newly invented "privilege" from the White House and DoJ which Lieu described as "not a thing. It doesn't exist." Lawmakers suggest the result will be court action to force Hicks' testimony on her time at the White House, now that she is a private citizen (who works for Fox "News"). Even House Speaker Nancy Pelosi, who is still opposed to opening an official impeachment inquiry, reportedly described the new White House offensive as "obstruction of justice", which --- in case she needs a reminder --- is one of the offenses included in the Articles of Impeachment for both Richard Nixon and Bill Clinton.

Also in D.C. today, the Trump Environmental Protection Agency, now headed by "former" coal industry lobbyist Andrew Wheeler, officially replaced President Obama's Clean Power Plan, meant to curb global warming greenhouse gas emissions from coal-fired power plants, with a new rule that makes the reduction of emissions optional for states. Even while coal plants have been shutting down across the country over the past two years in favor of cheaper, cleaner natural gas and renewable energy production, the Administration is implementing the new rule which, according to the EPA's own analysis, will result in thousands of unnecessary deaths per year. The new rule parallels a similar effort by the Trump Administration to roll back new mileage standards implemented by Obama with the cooperation of the auto industry, which the National Highway Traffic Safety Administration (NHTSA) says will save thousands of lives as well. So, yes, Trump is now purposely killing Americans and lying about it by claiming U.S. air and water has never been cleaner. That, according to actual findings from the Government, is also untrue, as pollution has increased over the past two years since Trump became President.

We're then joined by Slate's Stern for a review of this week's SCOTUS rulings and an explanation for some of the "strange bedfellow" partnerships found in several of them. Among the opinions discussed today...

  • A Supreme Court "punt if I've ever seen one," according to Stern, on a case involving yet another bigoted baker, this time in Portland, who refused to sell a wedding cake to a same-sex couple. The Justices sent that case back down to the lower court for review, though Stern suggests they are largely buying time before being forced to determine, once and for all, whether discrimination against LGBTQ people is Constitutional. "The Court can't duck this forever," says Stern;
  • The largely good news ruling of the week is for voters in Virginia, where a 5 to 4 majority opinion results in new, fairer, more competitive legislative districts in advance of the Commonwealth's statewide elections this November. The Justices held that the GOP-gerrymandered House of Delegates did not have standing to appeal new legislative maps implemented by lower courts to correct 11 districts found to have been unlawfully and unconstitutionally racially gerrymandered following the 2010 Census. Only the state's Attorney General, a Democrat, who initially challenged the ruling on behalf of the state but later declined to appeal the lower court's ultimate ruling, has such standing, the majority determined.

    But the majority opinion, written by Justice Ruth Bader Ginsburg was joined, unsurprisingly, by Justices Elana Kagan and Sonia Sotomayor, and much more surprisingly by Justices Clarence Thomas and Neil Gorsuch! Moreover, the minority dissent, penned by rightwing Justice Samuel Alito was also joined by the normally progressive Stephen Breyer. Stern offers an explanation for what appears to be very strange bedfellows on this opinion, and whether the ultimate outcome --- while very good news for Democrats who hope to take control of one or both chambers in the VA legislature this November --- will be good news or bad news for Democrats and Republicans in the future;

  • We then move to what Stern describes as "a tough but interesting case", for his explanation of the Court's affirmation of what has long been considered a loophole in the U.S. Constitution allowing an exception to its restriction on double-jeopardy cases. In fact, as the Court held in a 7-2 decision, virtually identical indictments may be brought against the same person, for the same crime, so long as they are brought in separate State and Federal jurisdictions, which are considered to be "separate sovereigns". On the minority in this case was another odd couple, Ginsberg and Gorsuch, while Thomas --- who previously decried the Double-Jeopardy Loophole by calling for a "fresh examination" of it --- chose not to vote for ending it when he had the opportunity. He did, however, take the opportunity to write a concurrence in the case, calling for reversing other long-held SCOTUS precedents, such as those which allow women the right to choose to have an abortion. "He used his opinion to launch into this crazy attack on precedent, that was clearly laying the groundwork for an attack on cases like Roe. vs. Wade" and marriage equality;
  • Finally, Stern offers some thoughts on the Court's expected opinion, due any day now, regarding the Administration's attempt to add a question on citizenship to the 2020 U.S. Census. That determination is still expected, despite evidence unearthed after oral argument that proves the Administration lied about their reasons for adding the question, which, according to the Census Bureau itself, will reduce participation. That, in turn, is expected to radically shift government funding and citizen voting power from Democrats and minorities toward white Republican jurisdictions. We discuss that bizarre matter --- and how SCOTUS can possibly rule on the case now, given the new evidence revealed from the hard drive of a now-deceased GOP gerrymandering expert following the Court's hearing months ago --- and a few of the other expected important decisions to come in the next two weeks before the Justices leave town for Summer vacation...

Download MP3 or listen to complete show online below...

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Court punts on discrimination case, allows VA racial gerrymander fix, leaves Constitution's double-jeopardy loophole in place; Also: Iran pushes back; More bad 2020 news for Trump; Confused anti-choicer rings in...
By Brad Friedman on 6/17/2019 6:57pm PT  

Catching up with a weekend's worth of news in the Trump era plus the new Supreme Court decisions dropped on Monday is no easy feat. But we do our best, on today's BradCast, to get you up to speed after all of that and the madness yet to come (no doubt) this week. [Audio link to show is posted below.]

Among the stories covered today...

  • A quick update on the case of anti-authoritarian author and journalist David Neiwert who we interviewed on Friday. Incredibly, his Twitter account is still suspended almost a full week since Twitter first took him down due to his use of a graphic on his profile from the cover of his most recent book, Alt-America: The Rise of the Radical Right in the Age of Trump. The image is a Ku Klux Klan mask over each of the white starts on the U.S. flag, which the anti-KKK author is being told he must remove because it's considered a hate symbol. He still refuses to do so, and Twitter has yet to reassess it's ill-considered policy;
  • Next, Iran has announced that, in the next 10 days, it is speeding up nuclear enrichment and will exceed the levels of uranium allowed under the landmark seven-nation anti-nuclear agreement brokered during the Obama Administration, following the Trump Administration's unilateral withdrawal from the treaty last year and his subsequent violations in restoring crippling sanctions against the Islamic Republic. With what had been a very good deal now broken by Trump, the Administration continues to saber rattle against Iran, with AP reporting late today that the U.S. plans to send an additional 1,000 troops to the Gulf;
  • Back home, the U.S. Supreme Court has begun releasing its end of term opinions. Among those released today, the Court ducked a ruling concerning yet another baker --- this time in Portland, Oregon --- who refused to bake a cake for a same-sex wedding. Sending the case back down to the lower court also likely means they will avoid having to make a decision on it during their next term, which ends smack dab in the middle of the 2020 Presidential election season;
  • More substantively, for the moment, good news for Democrats as the Court allowed a lower court ruling to stand in Virginia, where Republicans were found to have used unlawful racial gerrymanders in drawing state legislative seats after the 2010 census. The lower court has imposed fairer maps that will now be used, for the first time, in the Commonwealth's statewide elections this November. (VA holds "off-year" elections, so the entire House of Delegates will be on the ballot when one or both of the General Assembly's chambers could finally be taken over by Democrats with new, fairer maps in place.) The Supremes let the lower court ruling stand after determining that the gerrymandered GOP House of Delegates did not have standing to intercede after the state's Democratic Attorney General chose not to appeal the new maps mandated by the lower court. The 5 to 4 decision, however, was a mix of very strange bedfellows, with liberal Justice Ruth Bader Ginsburg writing for the majority and supported by Justices Sotomayor and Kagan (not a surprise) along with Thomas and Gorsuch (very much of a surprise!). That also left the usually progressive Stephen Breyer siding with the rest of the Court's right-wingers. Though we speculate on that strange mix of votes, we hope to have more insight later this week;
  • And in the last of the SCOTUS matters for today, the Court also ruled on a case of double-jeopardy regarding a man facing prison time from both the state of Alabama and the federal government for the same crime. What has become a loophole in the U.S. Constitution's restriction against being tried twice for the same crime will remain in place, despite the dissent from --- another odd couple --- Ginsburg and Gorsuch who both dissented. But that bad news for civil libertarians who had hoped to close that Constitutional loophole once and for all with this case, is good news for those who fear Donald Trump may pardon members of his crime syndicate, like his former campaign chair Paul Manafort. He is currently facing years in federal prison, unless pardoned by Trump. But, due to the Constitutional exception that allows similar crimes to be tried against the same person at both the state and federal level, even if pardoned, Manafort would be forced to face the fraud charges currently filed against him by the state of New York;
  • And, speaking of politics and Trump-related criminality, a new survey by the President's favorite fake news outlet, Fox "News", finds at least five of the top 2020 Democratic Presidential candidates are defeating him in NATIONAL polling, with former Vice President Joe Biden and Sen. Bernie Sanders currently dusting Trump by about ten points each. Also besting Trump in the new national poll currently --- well over a year out from the actual election --- are Senators Elizabeth Warren and Kamala Harris, as well as South Bend, Indiana Mayor Pete Buttigieg, though their leads are within the poll's margin of error. The new Fox poll echoes similar findings from Quinnipiac last week. So we offer similar warnings about the misleading nature of national polls (we don't have a national election! Just ask Hillary Clinton!), especially those taken 17 months before Election Day and before Democrats have even held their first debate (scheduled for next week);
  • In perhaps more noteworthy polling news, there has been a steep and quick rise in support for official impeachment hearings --- at least among Democrats --- as revealed by a new NBC News/Wall Street Journal poll. And, with that, pressure for impeachment continues to rise in Congress as well, according to comments from Democratic New York Rep. Alexandria Ocasio-Cortez who discussed the matter over the weekend on ABC's This Week. We share part of her remarks from Sunday in which she (correctly) argues that "impeachment is incredibly serious and this is about the evidence the President may have committed a crime, in this case, more than one." Rebutting the political considerations that have, so far, prevented U.S. House Speaker Nancy Pelosi from allowing the Democratic caucus to begin an official impeachment inquiry in the House, AOC adds: "Our decision on impeachment should be based in our Constitutional responsibilities and duties and not in elections or polling";
  • Finally, with the little time we have left today, we open up the phones to some calls, which is mostly eaten up by a woman who appears to be very confused in her "pro-life" anti-abortion argument about how conception actually occurs, as she cites her Christian religion for why women should not be able to decide for themselves regarding personal health care decisions.

Good luck with that! And enjoy today's program...

Download MP3 or listen to complete show online below...

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