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Latest Featured Reports | Wednesday, August 10, 2022
What We Know (& Mostly Don't) About the FBI Search at Mar-a-Lago: 'BradCast' 8/9/22
Also: Late AZ, WA primary results; MI's GOP A.G. nominee facing criminal probe; Federal judges approve release of Trump taxes...
'Green News Report' 8/9/22
  w/ Brad & Desi
GNR Special Coverage: U.S. Senate Democrats pass landmark climate legislation, the first in U.S. history...
Recent GNRs: 8/4/22 - 8/2/22 - Archives...
Pennsylvania's Supreme Court Rejects Yet Another GOP Challenge to Absentee Voting
Ruling is good news for democracy and, perhaps, state Democrats...
Sunday 'Woke' Toons!
Wake up and smell PDiddie's latest collection of the week's best toons!...
GA Dem Seeks to 'Unpack' SCOTUS, Hold 'Ethically Bankrupt' Justices to Account: 'BradCast' 8/4/22
Guest: Rep. Hank Johnson (GA-4) on Court expansion, term limits, more; Also: TN votes...
'Green News Report' 8/4/22
  w/ Brad & Desi
Back-to-back storms reveal U.S. not ready for climate impacts; Climate change increasing humidity; Big biz targets Dem climate bill; PLUS: Nat'l EV charging network almost here...
Recent GNRs: 8/2/22 - 7/28/22 - Archives...
UNconventional Times: The Power of Abortion Rights (and Danger of Election Deniers) on the Ballot: 'BradCast' 8/3/22
Critical lessons (and warnings) from primary results in AZ, KS, MI, MO, WA, OH...
Only Way Out?: The Need for a Diplomatic Solution to End Russia's War on Ukraine: 'BradCast' 8/2/22
Guest: George Beebe of the Quincy Inst. for Responsible Statecraft...
'Green News Report' 8/2/22
  w/ Brad & Desi
Death toll rises in catastrophic KY flooding; Extreme heat, wildfires sear U.S. West; Big Oil's big profits; PLUS: Manchin-Schumer compromise bill a game changer for climate?...
Recent GNRs: 7/28/22 - 7/26/22 - Archives...
Too Little Too Late?
Or Not a Moment Too Soon?: 'BradCast' 8/1/22
Can Dems finally pass the Schumer-Manchin compromise bill to save the climate (and maybe themselves)?; Also: Biden's 'rebound'; KY's death toll; Tuesday's primaries; Callers ring in...
Sunday 'Party of Personal Freedom' Toons
Bringing new meaning to "freedom isn't free" in PDiddie's latest collection of the best toons of this past week...
Leaked: FL Power Co. Secretly Took Over 'News' Site, Ran Fake Candidates, Targeted Critics: 'BradCast' 7/29/22
Guest: Energy and Policy's Alissa Jean Schafer; OAN cooked?; Stewart v. GOP Sens...
Establishment Pressure Haunted Manchin Into Major Deal on Taxes, Healthcare and Climate: 'BradCast' 7/28/22
And Schumer outfoxed McConnell to do it! Also: More signs of UNconventional midterms...
'Green News Report' 7/28/22
  w/ Brad & Desi
Manchin and Schumer reach deal on climate and energy bill; Russia slashes gas to Europe; PLUS: Public pressure leads USPS to quadruple plan for electric delivery trucks...
Recent GNRs: 7/26/22 - 7/21/22 - Archives...
Good News! DoJ Criminal Probe for Trump, E-Trucks for USPS!: 'BradCast' 7/27/22
Guest: Adrian Martinez of Earthjustice; Also: Biden's back from COVID...
Fake Electors, Real Crimes:
'BradCast' 7/26/22
Also: Climate chaos; Hand-marked ballots save day in IL; PA's GOP Guv nom at center of 2020 'fake' Electors plot; Biden slams pro-insurrection, anti-cop Trump...
'Green News Report' 7/26/22
New fire explodes near Yosemite; Concurrent heat waves are now six times more frequent due to global warming; PLUS: Rich nations owe poor ones a LOT of money...
Activist Supreme Court's Abortion Ruling Resurrects U.S. Free/Slave State Divide
Anti-choicers embracing misogynistic 21st century 'Fugitive Slave Act' mentality, argues Ernest A. Canning...
Sunday 'No, Because Freedom' Toons
Excercise your freedom, while you still have it, to check out PDiddie's collection of the week's best political toons!...
J6 HEARINGS (Day 8): Trump 'Did Not Fail to Act, He Chose Not To': 'BradCast' 7/22/22
Special Coverage with Heather Digby Parton, Richard 'RJ' Eskow; ALSO: BANNON FOUND GUILTY...
'Green News Report' 7/21/22
Consequences of extreme heat piling up, getting worse; E.U. warns Russia tightening grip; PLUS: Biden announces plans for Executive Actions on climate crisis...
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: Penn State climate scientist, author, Dr. Michael E. Mann on long-overdue passage of $370 billion to combat global warming...
By Brad Friedman on 8/8/2022 5:55pm PT  

We've been joined countless times over the years on The BradCast by renowned Penn State climate scientist DR. MICHAEL E. MANN. Given the circumstances, he is always remarkably optimistic. Today, there was really something for him to be optimistic about. [Audio link to full show is posted below this summary.]

The U.S. Senate held its first hearings on climate change 36 years ago --- led by a Republican Senator from Rhode Island at the time --- and attended by a then new Senator from Tennessee by the name of Al Gore. They were warned, as Washington Post's front page reported at the time, that pollution from the burning of fossil fuels would result in a "greenhouse effect" that would cause the globe to warm "to a level which has not existed on Earth in the past 100,000 years."

Two years later, in 1988, they were warned again by NASA scientist, Dr. James Hansen, that evidence was found that the warming had already begun. "The global warming is now large enough that we can ascribe, with a high degree of confidence, a cause and effect relationship to the greenhouse effect."

"There is no longer any significant difference of opinion within the scientific community about the fact that the greenhouse effect is real and already occurring," Gore made clear at the time, following a conference held in 1985 in Austria which concluded that "as a result of the increasing greenhouse gases it is now believed that in the first half of the next century (21st century) a rise of global mean temperature could occur which is greater than in any man’s history."

Long story short, pretty much everything the scientists warned about has come to pass, much of it even sooner than predicted. And yet, over the ensuing decades the fossil fuel industry has fully captured the Republican Party to the extent that not a single one of them voted over the weekend for the most substantive climate bill ever adopted by the U.S. Senate. The only such bill ever adopted by the Senate, in fact. It only took 36 years, and a tie-breaking vote from the Democratic Vice President, but they did it.

On Sunday, after 16-hours of overnight debate and attempted amendments, the Senate passed the dubiously-named Inflation Reduction Act, so named largely to win the vote of coal state Democratic Sen. Joe Manchin. The spending bill will do a lot, including allowing Medicare to negotiate prescription drug prices; put a $,2000 annual cap on prescription drug costs for seniors on Medicare; put a $35/month cap on insulin costs for those on government insurance who have diabetes (Republicans forced Dems to kill that provision for those with private insurance); add a new 15% minimum tax on corporations whose annual profits are more than one billion dollars; tax major corporations for buying back their own stock instead of investing in their companies; and it will also pay down the deficit by hundreds of millions of dollars over the next ten years.

But, most importantly, the Act will invest at least $370 billion to combat climate change with incentives for individuals, states and business alike. It will, according to Senate Majority Leader Chuck Schumer and Manchin --- and several independent analyses --- cut the greenhouse gas emissions we were warned about decades ago, by about 40% by 2030.

"It is a good day, let's not make any bones about that," says Mann today on the show. "This is, by far, the most aggressive climate legislation --- in fact, the only meaningful climate legislation that has ever passed the U.S. Senate."

"Let's be clear: this isn't the solution. It's not like we've solved the climate crisis. There's a whole lot more work that's left to be done," the author of more than160 peer-reviewed and edited scientific publications and author of more than half a dozen books on the climate crisis tells us. "We need at least 50% reductions by [2030] if we are to stay on course to keeping warming below a really catastrophic 3 degrees Fahrenheit. So there's a lot more work to be done, and there are some things in the bill that some of us wish weren't there. There are some incentives for fossil fuel interests when it comes to drilling leases and pipeline construction, a few bones that were thrown in to get the support of a coal-state Democratic Senator in Joe Manchin." Nonetheless, the bill --- which still must pass the Democrat-controlled House on Friday --- "represents significant progress."

"If you want more progress, if you want more aggressive legislation --- and I certainly do and I think we should expect it --- then we need a larger majority in the U.S. Senate that can pass more aggressive climate legislation," Mann explains. In fact, not one single Republican voted for the measure. It was passed with the barest of majorities. All 50 Senators who caucus with the Democrats (and who, shockingly, stayed unified), plus the vote of the Vice President Kamala Harris.

Mann discusses both the upsides and downside of the bill, including the measures that could expand the use of fossil fuels in order to win the vote of Manchin. But, he asserts, the "carrots" to get off of fossil fuels, as included in the bill, are likely to become "sticks". "If the carrot works, it becomes a stick. Which is to say, if we incentivize renewable energy enough, then fossil fuel energy is no longer competitive."

Of course, he's got much more insight on the measure and what needs to be done moving forward. But it's a start that is "real" and "tangible." he argues. And it only took 36 years to get here --- not a moment too soon.

We open up the phones to some thoughts from callers on all of this today and, of course, our own Desi Doyen has a few as well. A "good day" indeed. We'll take it.

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Rep. Hank Johnson (GA-4), on his bills to expand the Court, impose term limits and ethics rules for 'unaccountable', 'corrupt' Justices; Also: TN's Thursday primaries and unverifiable voting systems...
By Brad Friedman on 8/4/2022 6:49pm PT  

I suspect you'll get much more out of listening to today's BradCast than I can possibly share in this summary. Hearing my conversation with the Congressman --- who has a very dry wit --- is also much, much funnier than reading about it. [Audio link to full show follows below this summary.]

But, before we get there today, voters in Tennessee were voting in their midterm primaries on Thursday. Yes, on a Thursday! In a state where the right-wingers who run it aren't all that interested in democracy, apparently. Otherwise, they would hold primaries on a normal Tuesday, and they wouldn't have upended a state law passed years ago --- when Democrats held the legislative majority there --- to move from unverifiable touchscreen voting systems to hand-marked paper ballots. A story today out of one of their counties where a touchscreen system appears to have failed for one of their voters (described misleadingly in the report as "a rare glitch") underscores this point and my continuing, expanding, years-long nightmare.

Then, we're joined by REP. HANK JOHNSON, Democrat from Georgia's 4th Congressional District and Chair of the House Judiciary's Subcommittee on the Courts, for a detailed and lively discussion about his ongoing attempts to bring accountability to what he describes as the "corrupt system" embodied by today's U.S. Supreme Court.

In April of last year, Johnson introduced the Judiciary Act of 2021, a simple, single paragraph bill [PDF], co-sponsored by a number of House colleagues and Sen. Ed Markey (D-MA) who declared, at the time, that when "Republicans stole the Court’s majority" they "undermined its legitimacy, and threatened the rights of millions of Americans". Over a year later, with little progress for the measure, after a full term with the Republicans' packed majority now having run roughshod over longstanding Constitutional rights and Court precedents --- on everything from the rights of voters to those of detainees, to gun safety and the environment and, of course, privacy rights and reproductive freedoms --- the bill's sponsors held another press event last month in front of the Capitol to try and bring focus to the need to, as Johnson describes it today, "re-balance the Court away from this current 6-3 rightwing extremist majority that was packed by Mitch McConnell, Donald Trump, and the Federalist Society."

This week Johnson also introduced another measure --- this one, just three pages [PDF] long --- called the Supreme Court Tenure Establishment and Retirement Modernization (TERM) Act of 2022, to introduce term limits for Justices and mandating that new appointees shall be appointed solely by each President in the first and third years of their terms.

"It would establish an 18-year term limit for Supreme Court Justices, if that legislation passes --- and it needs to pass along with the Judiciary Act to expand the Court. We don't really need Justices letting the grass grow under their feet, becoming insulated and removed from accountability from the public", Johnson charges. "You can appoint a conservative judge, but that judge's views would have to end up being subject to being replaced by another judge at the end of that judge's tenure. So, in this way, we give every President the opportunity to appoint new blood into the Supreme Court. Keep the Supreme Court from getting old, stale, and rotten, as it is now...starting with the Honorable Clarence Thomas. "

The Georgia Congressman has also introduced the Supreme Court Ethics, Recusal, and Transparency (SCERT) Act of 2022 [PDF], recently marked-up in the Judiciary Committee to bring ethics reform to the High Court, where Justices currently are allowed to police themselves and are exempt from the judicial ethics rules and requirements which govern the rest of the federal judiciary. That, he asserts, has brought us to the "corrupt system" we have to today.

"The Supreme Court can simply decide to ignore all of the cases it chooses to ignore, and cherry-pick cases that have been inserted into the legal pipeline by activists who are intent on getting their way in the United States Supreme Court," says Johnson. "These are the same activists that have these same Supreme Court Justices traveling to exotic locations to be wined and dined, to deliver a speech to the assembled audience, who happen to be stakeholders in one position or another, that they want to insert into the Court and have the Court decide it their way."

"This is the system that we have now, with the Court being able to select a few cases in the pipeline, for that pipeline to be packed with issues that are ripe for these rightwing Justices carefully indoctrinated through their law school years with Federalist Society 'free market' thinking," the Congressman continues. "They have gotten the jobs with the law firms and with the prosecutors' offices that put them on a track to be nominated by a Republican to a judgeship. And they preside over the judgeship and then they get elevated to the United States Supreme Court, after being recommended by the same Federalist Society that indoctrinated them from law school and secured the job for them. These Justices are primed to rule in favor of the rightwing, 'free-market' capitalist interests that put them in the pipeline. It's a corrupt system that we have at this point, and Congress definitely is in position to do something about it."

Johnson has created a website called CourtReformNow.com to detail these measure and many others in order "to do something about it."

That said, many of these long-overdue reforms have had trouble gaining traction in Congress. I ask the Congressman if there is any reason, for example, that his Subcommittee couldn't call in Justice Thomas (who he describes as "ethically bankrupt") to discuss years of impropriety, not to mention the hundreds of thousands of dollars those same activist groups have given his wife Ginni. (She was also recently revealed to have been a key player in helping Donald Trump to try and steal the 2020 Presidential election.) In response, Johnson offers a fascinating --- and amusing --- insight into how the House and its leadership work. That alone is worth tuning in for. But, the central point is that Committee and Subcommittee Chairs don't necessarily have the final say on what those committees may do and who they may call in for testimony. Moreover, as Johnson collegially chafes against some of those restrictions, he also underscores the need to "educate my colleagues about the power that we have and the need for us to use the power."

At "a political moment when the future of our democracy, our freedoms, are at risk," he notes, pressure from the public "has a lot of bearing" on what Committees and the Party itself in Congress are able and allowed to do.

As mentioned, tune in for this one for a much more expansive and colorful explanation on all of this.

Finally, Desi Doyen joins us for our latest Green News Report with a very "sexy" close to today's show...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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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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Critical lessons (and warnings) from primary results in AZ, KS, MI, MO, WA, OH; Also: IN Rep. Walorski killed in crash; A farewell to Vin Scully...
By Brad Friedman on 8/3/2022 6:07pm PT  

Look at the faces in that photo. Those are the faces of people grappling to understand a profound truth that they simply had no idea about prior to Tuesday night. Those faces should serve as inspiration for every Democrat and/or progressive on the ballot in every race in all 50 states between today and November 8. And as a warning for every Republican.

On today's BradCast, selective, noteworthy, curated results --- or what is known about them, unofficial, incomplete or otherwise --- from Tuesday's primary elections in six states, Arizona, Kansas, Michigan, Missouri, Washington and Ohio. (And several problems for voters in Pinal County, AZ.) [Audio link to full show is posted below this summary.]

Of course, the biggest news from Tuesday, hands down, was the stunning landslide rejection of a state constitutional amendment in Kansas that would have allowed the state's Republicans to restrict and/or ban abortion rights. (That's what the folks in that photo were just learning about.) It was the first statewide vote on the matter anywhere in the nation since the newly extremist, far-right, radical, activist, corrupt, Republican U.S. Supreme Court majority overturned 50-years of Constitutionally protected rights and freedoms by striking down 1973's Roe v. Wade decision.

Even in the theoretically "conservative" state of KS, voters soundly rejected that proposed Amendment with their "NO" votes by a stunning 18 points over "YES" as of airtime. The "NO" vote did well in large and small, rural and urban, Democratic and Republican counties alike. Turnout, thanks to this measure --- in a midterm primary where Republicans assumed few would notice --- was enormous and at levels normally seen in Presidential primaries or even mid-term general elections in the recent past.

The question now is whether Democrats will finally have the confidence and courage to run on this issue, following the overturning of Roe in June, in every state in the country and for virtually every office on the ballot from Governor to Attorney General to District Attorney to County Sheriff to state Judge to state Supreme Court Justice. And, whether Democrats will be able to capitalize on Josh Marshall's "Roe and Reform" campaign that he's been pushing hard at Talking Points Memo, calling for a very specific promise to voters from Democrats on the federal level: Let us hold our House majority and give us two more seats in the Senate and we vow, come January 2023, to reform the Senate filibuster to codify the protections of Roe into federal law, guaranteeing privacy rights and reproductive freedom in all 50 states.

Nothing short of that very specific "You give us that, we'll give you this" promise will do, as Josh has smartly been explaining for weeks now. We have long argued ourselves that candidates must give voters something very clear and specific to vote for. When they do, as proven on Tuesday in Kansas --- where the stakes were crystal clear, and voters knew exactly what they would get from their one single vote --- they will respond in large numbers.

Of course, all of this also further underscores the argument I've been making for months that Democrats and progressives must ignore the "conventional wisdom" from so-called political professionals about the historical odds of impending doom this November. These are decidedly UNconventional times, proven once again in KS yesterday.

Beyond that very encouraging news on Tuesday, there was still more good news in both the Secretary of State and Attorney General races in KS; Somewhat disappointing news in the MO race to fill the U.S. Senate seat being vacated by retiring Republican Sen. Roy Blunt; Potentially concerning news out of MI's Republican gubernatorial contest, where a well funded, Trump-backed loon will run against the state's popular Democratic Governor; And wildly troubling news out of AZ on the Republican side in the contests for the Gubernatorial and Sec. of State nominations, in what could turn out to be two of the most critical races in the nation this November.

All of that and many other races covered and explained, with context, on today's busy show.

Finally, we close with some tragic news on the death this afternoon of Indiana's 58-year old Republican Congresswoman Jackie Walorski and two of her young staffers in an automobile accident. And, some pleasant thoughts following the passing on Tuesday night of Hall of Fame broadcasting legend Vin Scully at age 94. He served as the inimitable and nationally recognized voice of Dodger baseball --- in both Brooklyn and Los Angeles --- for 67 incomparable years...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Can Dems finally pass the critical Schumer/Manchin compromise bill to save the climate (and maybe themselves)?; Also: Biden's 'rebound'; KY's death toll; Tuesday's primaries; And callers ring in...
By Brad Friedman on 8/1/2022 6:16pm PT  

In our opinion, on today's BradCast, the scaled back, surprise "Build Back Better" spending bill compromise (now renamed the "Inflation Reduction Act" to help win over West Virginia's rightwing Democratic Senator) comes not a moment too soon. And, even "scaled back", it's still chocked full of so much stuff that if each of its provisions were passed in separate bills over the past 18 months, we'd likely be discussing Joe Biden as having one of the most successful first two years of any President in history. That said, the bill has not yet been passed, and it could still be a very bumpy ride in the coming days to see it through to the President's signature. [Audio link to full show is posted below this summary.]

Before we get to that today --- and some callers on same --- a few other headlines covered on today's show...

  • Minutes before airtime, news broke that the U.S. killed Al-Qaeda leader Ayman Al-Zawahiri in Afghanistan over the weekend in a successful drone strike, in which no civilians are said to have been killed. President Biden was to give remarks about what happened on Monday evening.
  • Speaking of Biden, he tested positive for COVID again over the weekend, in what White House officials are describing as a "rare rebound" case after finishing his 5-day course of the anti-viral drug called Paxlovid. Well, it can't be ALL that rare, because last week, when the White House announced Biden had tested negative and was cleared to leave isolation, we warned about the possibility of such a rebound, as many Paxlovid users have experienced same. The Pfizer drug has very good results at preventing serious cases and hospitalization, but many patients have experienced a second --- non-fatal --- COVID infection shortly after using it. That is, apparently, the case with Biden. His White House doctor says he has few if any symptoms and will likely be fine, despite needing to isolate again.
  • Deadly flash flooding continues in parts of Kentucky today, and warnings for more of the same have been issued for the next several days from Tennessee to Kentucky to West Virginia to Virginia and North Carolina. 37 have so far been confirmed to have died from the horrific flooding in Eastern Kentucky. Governor Andy Beshear believes that toll will continue to rise, as hundreds are still unaccounted for in a number of Appalachian mountain towns after recent, and ongoing, deluges. That, as our climate emergency continues with record heat predicted again this week from the Dakotas to the East Coast.
  • On Tuesday, voters will head to the polls in six states: Ohio, Arizona, Kansas, Michigan, Missouri and Washington state for primary elections. And there are a lot of 2020 election deniers (and worse) on the GOP ballots. We quickly preview just a few of those insane races today and will have noteworthy reported results, of course, on Wednesday's program.

Then, it's on to the so-called Inflation Reduction Act --- a scaled down version of the Build Back Better Act that Democratic Senators Joe Manchin and Kyrsten Sinema killed last year. If successfully adopted this time, it would increase federal revenue by some $750 billion over the next ten years, allowing for some $450 billion in spending on a bunch of several long-overdue programs. Most of them have been progressive priorities for years.

Only Democrats in the U.S. Senate will be needed to pass it under Senate reconciliation rules, but all 50 will have to be there (not out with COVID) and vote yes. Sinema has yet to comment on the measure, even as Manchin has been taking to media over the weekend to try and sell her on it.

If passed, the 725-page measure [PDF] will: Allow Medicare to negotiate with pharmaceutical companies for lower drug prices; Cap out-of-pocket spending on prescription drugs for seniors at $2,000 per year; Expand federal subsidies for premiums for individuals who purchase health insurance on the federal Affordable Care Act (Obamacare) exchanges; Set a minimum 15% tax for corporations who make more than $1 billion in profits per year; Increase policing of tax cheats; and, perhaps most critically, invest some $369 billion in climate and energy projects to cut deadly greenhouse gas emissions by 40% by 2030 through investments that hasten the nation's move from dirty fossil fuels to clean, renewable energy.

What the bill won't do is raise taxes on anyone making less than $400,000 a year, as Biden has long promised. That, despite blatant lies from Republicans such as Senate Majority Whip John Cornyn (R-TX) who, when announcing he tested positive for COVID today, lied about the bill, declaring on Twitter that he will "continue to fight Chuck Schumer and Joe Manchin's massive tax increase on working families." That is a lie. There is no "massive tax increase on working families" in the bill. Republicans hope you are dumb enough to be duped to the contrary.

In order to win over Manchin, whose family and campaign have long been propped up by fossil fuel interests, the bill does mandate oil and gas lease sales on federal lands be auctioned off in exchange for the approval of on- and off-shore wind and solar projects. Even there, however, oil and gas companies will be required to pay higher royalties on whatever they extract, and will be fined for failing to prevent methane leaks that exacerbate global warming. So, yeah. Art of the compromise. But, according to most climate experts we've read, heard from or spoken with, it's a compromise well worth taking..and comes not a moment too soon, as our climate emergency worsens by the day.

We've got much more on all of the above on today's show, and we open up the phone lines to callers to get some of their thoughts on the "Inflation Reduction Act" as the world melts down, and the 2022 primary general election is now less than 100 days away...

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Even more amazing: Schumer outfoxed McConnell to do it! Also: Deadly flash flooding in KY; More signs of UNconventional November elections...
By Brad Friedman on 7/28/2022 5:50pm PT  

When Democrats outfox Republicans you know the world has gone bonkers. But, welcome to another BradCast from Bonkers World! [Audio link to full show is posted below this summary.]

With weeks of unprecedented global heat records around the world and here in the U.S., and more deadly flash flooding --- today it was Kentucky's turn, sadly --- a major deal to finally take on climate change among Democrats comes not a moment too soon.

Surprising apparently everyone in D.C., corrupt coal-state Senator Joe Manchin and Democratic Senate Majority Leader Chuck Schumer announced a deal on Wednesday night to raise taxes on huge corporations and allow Medicare to negotiate drug prices in order to help pay for pharmaceutical subsidies for the elderly, expansion of subsidies for individuals who purchased health care on the Affordable Care Act (Obamacare) exchanges and...wait for it...to make the federal government's largest-ever investment to fight climate change and decrease carbon emissions that cause it by 40% by 2030.

It's not saying much, of course, to say "largest-ever investment" to fight climate change, given how little the U.S. government has ever spent on it, thanks to fossil fuel-funded Congressional denial and obstruction. And whether this measure can actually curb that much of the deadly emissions causing our climate emergency remains to be seen. But the agreement struck, in apparent complete secret by Manchin and Schumer for what is now called the Inflation Reduction Act of 2022 (nee: Build Back Better Act), is set to raise $739 billion in revenues and spend some $433 billion on long-overdue investments (including at least $369 billion for climate) over the next decade. It will also decrease the deficit by hundreds of billions and will keep Joe Biden's long promise to not raise taxes on individuals or companies making less than $400,000 a year. (Shumer/Manchin's one-page summary is here. Full 725-page bill is here. Both PDFs.)

Yes, the new proposal is smaller than Biden and the Democrats had originally hoped, and leaves out some critical stuff for another day. It also includes some pretty outrageous fossil fuel-friendly provisions to win over Manchin. But, all told, this bill is nothing to sneeze at.

The question, of course, is whether all Dems in the Senate (including Manchin, who has a habit of changing his mind, if you haven't heard) and enough Dems in the House can agree to pass the bill. No Republican votes will be needed to pass the spending measure under the Senate's special reconciliation rule.

Schumer says the bill will be put up for a vote next week. That, after he outfoxed Mitch McConnell to broker the deal in the first place. McConnell is so hopping mad about it all that he's now, foolishly, actually taking it out on combat veterans who were exposed to toxic burn pits. We explain how all of this happened on today's show, along with details on what is actually in the bill --- both good and bad --- and what is not.

If it's passed successfully --- still a big "if" --- it could prove to be a breakthrough for Dems in advance of the November elections which, as we've discussed, may not play out with a Dem shellacking as pundits citing "Conventional Wisdom" have long told you. We've been arguing in recent weeks and months that these are decidedly UNconventional times and --- along with the potential...hopeful...maybe passage of this major new bill and its revival of a Joe Biden/Democratic Party agenda --- there are additional reasons this week to remain skeptical of the "Conventional Wisdom" from TV pundits and op-ed geniuses about this year's midterm elections.

Desi Doyen is along for the ride as usual today, with keen insight and smart explanation of the climate portions of the new Dem deal and our latest Green News Report...

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Anti-choicers embracing 21st century 'Fugitive Slave Act' mentality
UPDATE 7/26/22: Oklahoma threatens librarians with job loss/fines/jail if they say 'abortion'...
By Ernest A. Canning on 7/25/2022 10:05am PT  

"Abortion is an essential component of women's health care" -- American College of Obstetrics and Gynecology

"When women are compelled to carry and bear children, they are subjected to 'involuntary servitude' in violation of the [13th] amendment" -- Andrew Koppelman, Northwestern Univ. Law Review (2010)

The moment the U.S. Supreme Court handed down its opinion in Dobbs --- the case in which five of the Court's six right-wing Radicals in Robes voted to completely overturn Roe v. Wade (1973) --- it resurrected a cruel and grotesque division between States that had not existed since the end of the American Civil War.

In 1860, prior to passage of the 13th, 14th and 15th Amendments, the very existence of a "United States" was under a grave threat due to an unsustainable, race-based divide between Slave States and Free States.

Today, courtesy of Dobbs, our nation finds itself mired in an unsustainable, gender-based divide between Free States, where a woman's reproductive liberties are preserved, and Slave States, where reproductive liberties no longer exist. (Andrew Koppelman's 2010 paper argued that "forced pregnancy" doesn't just deprive women of their "individual liberty". It also denies Equal Protection under law guaranteed by the 14th Amendment because that "deprivation is selectively imposed on women.")

The immediate impact of Dobbs was felt in Ohio, where the only option available to the parents of a 10-year old rape victim was to flee to neighboring Indiana so that their child would not be forced to carry the rapist's baby to term. But even the liberty that 10-year old's parents took advantage of is now threatened by a gender-based, Fugitive Slave Act mentality...

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




Guest: Sarah Lipton-Lubet of Take Back the Court; Also: Biden positive for COVID; Report finds Newsmax lying even more than Fox 'News' about J6...
By Brad Friedman on 7/21/2022 4:08pm PT  

When you thought things couldn't get any more insane (nobody actually thought that, did they?), 79-year old President Biden tests positive for COVID. The White House says he is suffering only "very mild symptoms". We'll hope it stays that way and he gets well soon. Meanwhile, we're still busy trying to save the world on today's BradCast. [Audio link to full show is posted below this summary.]

Tonight, the bipartisan House Select Committee investigating Donald Trump's Jan. 6, 2021 insurrection at the U.S. Capitol and his many other attempts to steal the 2020 Presidential election, holds the last of their summer series of blockbuster public hearings, for now. We'll see if Fox "News" bothers to carry this one, since they didn't last time, choosing to run an ad-free episode of Tucker Carlson's show instead. God forbid their groomed viewers turn away during commercials for even a second and learn any actual news.

But, of course, Fox isn't the only rightwing TV channel lying to their viewers day in and out about these remarkable, historic hearings, the deadly events of January 6, and all of the other ways Trump tried undermine American democracy. A new report finds that Newsmax is duping their viewers even worse than Fox, if that's possible, broadcasting at least 40 false claims about the J6 attack since the Committee's hearings began last month. Among the station's lies peddled repeatedly to their easily-played viewers: There were only a few hundred rioters in the Capitol that day (DoJ pegs the number at around 2,000); They were "unarmed" (except for all of the guns, knives, pepper spray, spears, brass knuckles, baseball bats, etc.); and that Trump ordered the National Guard to the Capitol, but was blocked by Nancy Pelosi (the President, not the Speaker of the House, commands the National Guard.)

In any event, whether Fox or Newsmax carry tonight's hearings and/or lies about them, we'll tell you the truth about them on our own Special Coverage on tomorrow's BradCast.

Today, we discuss the need for the long-overdue expansion of the Supreme Court. New polling finds approval of the Court has plummeted over the past two years. According to Marquette University Law School's poll today, 66% of Americans approved of SCOTUS in September of 2020. That number is now at stunning 38%. Their survey follows Gallup's recent finding (before the overturning of Roe v. Wade) that confidence in the Court is at an all-time historic low since they began asking the question in the 1970s.

Of course, this comes on the heels of Mitch McConnell nuking the Senate filibuster in order to pack the High Court with Donald Trump's three corrupt, extremist Republican nominees, including one of them (Amy Coney Barrett) just eight days before the 2020 election. That, after McConnell had changed the size of the Court for over a year while refusing to seat Barack Obama's nominee to the seat vacated by Justice Antonin Scalia in February of 2016, because, according to Mitch, the vacancy came just too close to a Presidential election, when the voice of the American people deserved to be heard first.

But now, with SCOTUS closing out its term with an unprecedented spate of radical rulings --- rolling back long-held Miranda rights; throwing out states Second Amendment rights to well-regulate the concealed carry of firearms; further eroding the long-standing Constitutional separation of church and state; blocking the Environmental Protection Agency from protecting the environment through the regulation of carbon pollution; and, of course, overturning the privacy rights and reproductive freedoms established 50 years ago by Roe v. Wade --- it sure seems like a re-balancing (and de-corrupting) is in order!

Given the striking down of privacy rights in Roe, Democrats in the House have been scrambling to codify reproductive freedom into federal law, along with bills that guarantee the right to both interracial and same-sex marriage, and even the right to use contraception. That, after the Court struck down the same privacy rights in 'Roe' that are the basis of those other Constitutional rights that Justice Clarence Thomas called for revisiting in his concurrence to the majority opinion overturning Roe.

But while codifying those rights into federal statute is critical (most House Republicans voted against all of them this week!), expanding the Court, to UNpack and UNsteal it, so that it represents the American people once again is even more critical.

On Monday, a group of Democratic lawmakers called for exactly that, touting their Judiciary Act of 2021 [PDF] which would expand the number of seats on the Court from 9 to 13. But that measure, so far, has not yet even received a Committee hearing, much less a vote on the Democratic-controlled House floor. What gives?

We're joined today by SARAH LIPTON-LUBET, Executive Director of the non-profit Take Back the Court organization, to discuss exactly that. Her group was formed in 2018 to warn of the danger then posed to democracy itself by the GOP's stolen Supreme Court, and to call for its expansion as the only strategy to re-balance SCOTUS after its 2016 theft. [We spoke with Aaron Belkin, the group's founder, back in 2020.)

"Republicans already changed the size of the Court for a year while they blockaded Merrick Garland's nomination. So a Republican power grab, that's just a part of reality. Given that, isn't a world where we fight for what's right better than a world where we surrender unilaterally?," Lipton-Lubet posits today, when I ask her about the fear expressed by some Democrats that Republicans will just take similar action the next time they are in control of both chambers of Congress and the White House. "To folks who are worried about what Republicans might do in the future, I have to say I'm really worried about what they've done already, and about what we need to do to fix the harm that they've caused in the here and now. They've stolen the Court. They've overturned Roe. They've undermined our democracy. And expanding the Court is our only shot at rebalancing the system and regaining those rights."

"This is only headed in one direction," she warns. "The ideologues on the Court are only going to get more radical. They're only going to get more unhinged. I think leaders can lead, or they try to play catch-up later after countless people have been irreparably harmed. And that's really the situation we're in."

"Living under the control of this Court --- it's not tenable. It's not sustainable. It's not going to stand," she argues. "Eventually we are going to get there." So, why are the bulk of elected Democrats, including the President, still pulling their punches and dragging their feet on this? We discuss that and much more with Lipton-Lubet today.

Finally, Desi Doyen has our latest Green News Report on a week that has been so grim for the climate that we're considering a new name for our GNR. Tune in to find out what it might be!...

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

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

Among them...

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

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GOP TX Reps threaten law firm for out-of-state abortions; Facing contempt trial, leaked Bannon audio reveals Trump scheme to steal 2020; DoJ sues AZ for vote suppression; WI's GOP Supremes ban drop-box voting; GA GOP Senate nom's sad climate change remarks...
By Brad Friedman on 7/13/2022 6:24pm PT  

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

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

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

Among those news stories covered today...

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

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

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

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

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

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

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

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

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

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

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

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

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

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

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Callers ring in; Also: Russia attacks Ukrainian shopping mall; Surprise J6 hearing announced; SCOTUS, at all time low approval, further erodes separation of church and state with new ruling...
By Brad Friedman on 6/27/2022 5:50pm PT  

Before we get to a bunch of callers on today's BradCast, responding to the overturning of Roe v. Wade and Planned Parenthood v. Casey by our corrupt, extremist, activist, rightwing Republican Supreme Court majority, a few news items. [Audio link to full show follows this summary...]

  • Russia reportedly launched a missile strike on a crowded shopping mall in a central Ukrainian city with some 1,000 civilians reportedly inside. The number of dead and wounded are still unknown, but Ukrainian President Volodymyr Zelenskyy said at least "scores" are likely dead.
  • The bipartisan U.S. House Select Committee investigating the January 6 insurrection and Donald Trump's multiple attempts to steal the 2020 Presidential election announced a surprise last-minute hearing scheduled for tomorrow (Tuesday, 6/28). They did not announce a witness list, though some have speculated that documentarian Alex Holder, who was granted insider access to interviews with and footage of Trump, his kids, Vice President Mike Pence, and other insiders both before and after January 6, might be testifying. The Committee has said only that they are calling the hearing due to "recently obtained evidence." We'll have Special Coverage, as usual, on tomorrow's BradCast.
  • The radical rightwingers packed onto our Supreme Court are continuing to dismantle Constitutional rights and freedoms. On Monday they found in favor of a public high school football coach from Bremerton, Washington who was eventually fired after he refused to stop kneeling on the 50-yard line after games to hold prayers. White guy who takes a knee to pray on the public high school football field cannot be fired. Will be paid with your tax-payer dollars. Meanwhile, a black guy who takes a knee on the football field to protest racial injustice can absolutely be fired for it, apparently. That, as the U.S. Constitution's separation of church and state continues to be corruptly eroded by our radical, stolen and packed U.S. Supreme Court.
  • The extremist Court, according to Gallup polling last week, is now seeing it's all time lowest approval rating in the 50-years that Gallup has been polling on confidence among Americans in the High Court. Just 25% of Americans now have "a great deal" or "quite a lot" of confidence in the Court. That's 11 points down from one year ago and 5 points lower than the Court's all time low in the Gallup survey. And the kicker: that survey was taken prior to Friday's unprecedented ruling overturning the long-established Constitutional right to privacy and reproductive freedoms in Roe v. Wade.

And with that and a few other points of related note, we open the phones to listeners on what comes next, how the nation must respond, and which long-established Constitutional rights this illegitimate Court is likely to strike down next.

While callers may offer some other notes, I'm happy to offer the reminder that the solution still remains voting and organizing, along with the reminder that had Hillary Clinton received 2 votes that otherwise went to Donald Trump in 2016 in each precinct in Michigan, Wisconsin and Pennsylvania, we'd not be in the authoritarian mess we're facing now. Moreover, as political scientist Rachel Bitcofer observed following the Court's ruling on Friday, a Supreme Court with Clinton's nominees on board, rather than the three Trump nominees packed onto the Court by Republicans, likely means that gerrymandering would have been blocked by now, and Citizens United might have been overturned...just two name a couple things we missed out on because too many decided to stay home or vote for Trump in 2016. "We can't continue to hurt ourselves by not voting," she correctly concludes.

Enjoy our lively callers today on all of that and much more...

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Packed Court of radical, activist GOP Justices invent imaginary 'historical' reasons to cancel reproductive freedoms, personal privacy rights, gun safety laws; Also: Many more well-established Constitutional rights now in peril; Biden, Pelosi respond; Voting remains the answer...
By Brad Friedman on 6/24/2022 6:29pm PT  

On a dark and historic day in America (and, apparently, on The BradCast), I offer a few thoughts on how unelected, radical, extremist, activists Justices (who are not "conservative" by any stretch of the imagination, please stop calling them that), who have been packed onto a stolen U.S. Supreme Court majority have only just begun the corrupt work for which their lifetime seats on the High Court were purchased. [Audio link to full show follows below this summary.]

On Thursday, the illegitimate Republican majority simply ignored the written text of the 2nd Amendment's mandate to "well regulate" the right to bear arms by cancelling [PDF] New York's century-old law limiting the concealed carrying of weapons in public, robbing elected state officials of their right to protect their citizenry from gun violence.

Then, on Friday, after declaring in their gun ruling that officials elected by the voters have no right to well regulate firearms, the same corrupt Justices cancelled [PDF] a half century of well-established Constitutional rights to personal privacy and reproductive freedom. The rightwing Court extremists declared that states and, indeed, the federal government, do have the right to force women to bear the child of their rapist --- even as the product of incest or sex trafficking.

In overturning 1973's Roe v. Wade (the landmark 7 to 2 majority opinion written by a non-corrupt Republican-appointed Justice), Sam Alito echoed Clarence Thomas' gun ruling one day earlier by pretending that any specific rights not in existence 233 years ago, when the Bill of Rights was written, lacks the "historical tradition" to be considered a Constitutionally-protected right. (Never mind that whole "well regulated" mandate of the 2nd Amendment which is, as it turns out, literally in the Bill of Rights.)

Neither Thomas' newly divined "historical tradition" requirement for Constitutional rights or Alito's "historical understanding of ordered liberty", are made up out of whole cloth. The concept appears nowhere in the Constitution, which actual, if uncorrupted, conservative legal experts know very well.

As horrible as all of this is, it will only get worse until the corrupt Court is unpacked and expanded to reflect the actual will of the American electorate. The Court's rulings on abortion and on gun safety are opposed by huge, bipartisan majorities.

In a separate opinion on Roe, Thomas --- arguably the Court's most corrupt Justice --- called for the Court to cancel other long-standing Constitutional rights established under the same 14th Amendment privacy rights which the Court has now dismantled in cancelling Roe. "We have a duty to 'correct the error'" by reversing the landmark opinions that established Constitutional rights to contraception, same-sex intimacy and marriage...though not inter-racial marriage for reasons that the inter-racially married Thomas failed to explain.

We share both President Biden and House Speaker Pelosi's responses to today's historically corrupt ruling, as they vow that the fight for Constitutional freedoms is not over and call on Americans to make their voices heard in response this November.

"Today the Supreme Court of the United States expressly took away a Constitutional right from the American people that it had already recognized," the President said. "They didn't limit it, they simply took it away. That's never been done to a right so important to so many Americans. But they did it."

"This fall," he later emphasized, "Roe is on the ballot. Personal freedoms are on the ballot. The right to privacy, liberty, equality --- they're all on the ballot."

They are indeed.

After plenty more on all of the above, we conclude today with our latest Green News Report, most topics of which are also on the ballot this November. Please prepare your voting plans now...

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Special Coverage with former Deputy Asst. Attorney General Lisa Graves, Salon contributor Heather Digby Parton...
By Brad Friedman on 6/23/2022 6:41pm PT  

Yes, we heard him correctly! Rep. Bennie Thompson, Chair of the bipartisan U.S. House Select Committee investigating the January 6 insurrection, opened today's 5th day of public hearings by noting that Donald Trump tried to "steal" the 2020 election! Finally, as noted on today's BradCast Special Coverage, we're getting somewhere! Let's see if the rest of the media is still as allergic to using the correct word for the crime that Trump and his supporters hoped to pull off! [Audio link to full show is posted below this summary.]

Before we get to our Special Coverage today, we've got a few too-brief words on today's unelected, rogue, corrupt, stolen and packed 6 to 3 Republican US Supreme Court majority undermining states' rights to "well-regulate" the carrying of firearms in public in their own states, and undercutting Miranda rights for those detained by law enforcement.

Then, it's on to another harrowing day of the House J6 Committee's gripping hearings, detailing Trump's unrelenting and virtually psychotic attempts to steal the 2020 Presidential election from the American people. Today's hearing focused on his failed attempt to decapitate the remaining leadership at the U.S. Department of Justice after his own Attorney General Bill Barr resigned in response to the loser Trump's repeated and knowingly false claims that Joe Biden only defeated him thanks to massive, if apparently evidence-free, fraud.

The DoJ scheme involved replacing Trump's Acting Attorney General with a low-level apparatchik named Jeffrey Clark who agreed to do Trump's bidding. The plot came within a hair's breadth of overthrowing the entire American government. It was only the promise of hundreds of top DoJ officials resigning en masse that ultimately forced Trump to relent.

Three of those top officials, former Acting Attorney General Jeffrey Rosen, his acting Deputy AG Richard Donoghue, and former Asst. AG in charge of the Office of Legal Counsel (OLC), Steve Engel, testified live on Thursday under questioning by Illinois' Republican Rep. Adam Kinziger, who detailed just "how close we came to losing it all."

The panel laid out in detail how the DoJ (as well as DHS and DoD) were relentlessly directed by Trump, over and again, to investigate every absurd, easily-debunked conspiracy theory dredged up by rightwing MAGA Internet clowns. From false claims about Dominion voting systems to false claims about truckloads of shredded ballots to false claims about Italian military satellites and Chinese-made smart thermostats flipping votes from Trump to Biden.

Nevertheless, Trump's apparatchik Clark was willing to do Trump's bidding. He drafted a letter to send to swing-state legislatures falsely instructing them that the Department had found massive fraud that would change the results of the elections, directing their state legislatures to reconvene to choose electors for Trump instead of Biden. Rosen and Donoghue, to their credit, testified that they refused to sign the bogus letter, and then detailed how Trump schemed to fire Rosen and replace him with Clark, who had never even tried a criminal case, as the DoJ's chief. It all culminated in the infamous, hours-long, January 3rd, 2021, Celebrity Apprentice-style Oval Office showdown where both Rosen and Clark made their cases. Rosen's was backed up by the entire leadership at DoJ (as well as White House Counsel), who vowed to leave if Trump pulled the trigger and fired Rosen. That would have resulted in an unprecedented Constitutional crisis just days before the joint session of Congress to confirm Biden's victory.

And, after all of that, Kinzinger noted at the end of today's hearing, Trump still went out to his rally on the Ellipse on January 6th and repeated all of the long-ago debunked claims of fraud, inciting the deadly insurrection at the U.S. Capitol.

Today's hearing began just moments after CNN reported that Clark's home had been raided by the FBI before dawn on Wednesday. So, it would seem, the current Dept. of Justice is actually on the case.

We're delighted to be joined today by two fantastic guests, one of whom is a former DoJ Attorney with a great deal of insight into DoJ procedures and the harrowing testimony offered today. LISA GRAVES, who is now Executive Director of the research firm True North Research, served as Deputy Asst. Attorney General at the U.S. Justice Dept during the Clinton Administration and into the peaceful transition to George W Bush's Administration. She then became Chief Counsel for nominations in the U.S. Senate and a Deputy Chief for the US Court system. HEATHER DIGBY PARTON, our anchor guest during all of the hearings to date, is the beloved proprietor of her long-running Hullabaloo blog and an award-winning contributor at Salon.

Graves is a font of insight regarding the way the DoJ is supposed to work and just how wildly dysfunctional, inappropriate --- and most likely criminal --- the actions of both Trump and Clark were during the disgraced former President's final days attempting to cling to power.

Clark, she argues, "is a man who was willing to bend any law in order to serve the political agenda of this President, and is exactly the type of person who should never be entrusted with any position of power or public trust. He clearly is someone who is more than willing to set aside facts and law. What we see is this man at the center of a criminal conspiracy, in my view, and the [former] President is at the helm of that conspiracy."

As Parton notes today, the "the Constitutional crisis that everyone was hinting at [was] in retrospect, a very close thing," as Trump was trying to "overthrow the government" just three weeks before the inauguration. But Trump's ultimate, begrudging decision to not fire Rosen and replace him with Clark means that "Trump was not irrational. He did know what he was doing." And that, she observes, is "a new and interesting data point" to come out of today's hearings.

Also coming out of today's hearings, a list of six Republican members of Congress who apparently recognized that their involvement in this criminal conspiracy could land them in prison. So much so that they unsuccessfully sought pardons from Trump before he left office. Among those named by former White House officials as seeking pardons: Reps. Mo Brooks (AL), Matt Gaetz (FL), Scott Perry (PA), Louie Gohmert (TX), Andy Biggs (AZ) and Marjorie Taylor Greene (GA).

We've got much more smart insight and analysis in today's Special Coverage. Please tune in!...

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