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Latest Featured Reports | Monday, February 26, 2024
Sunday 'Useful Idiot' Toons
Comrades! Please enjoy our latest weekly toon collection! Courtesy of highly trusted whistleblowers and military-grade informants!...
Our Russian Nesting Doll: 'BradCast' 2/22/2024
How the U.S. has fallen prey to a decade-long Russian intel op; Also: Lindell owes $5M for lost 2020 contest; Media ignore good Biden polling amid ill-considered bids to replace him...
'Green News Report' 2/22/24
  w/ Brad & Desi
EPA's 'Good Neighbor' pollution rule at SCOTUS; Bizarre heat in Japan; Near-universal global public support for climate action; PLUS: Biden Admin cleans up nation's drinking water...
Previous GNRs: 2/20/24 - 2/15/24 - Archives...
DeSantis' Anti-Labor Law Now Nixing Unions for 1000s of FL Workers: 'BradCast' 2/21
Guest: Rich Templin of FL's AFL-CIO; Also: NY A.G. may seize Trump building to cover fines; Biden forgives another $1.2B in student loans...
Wisconsin's Decade-Long Un-Democracy Finally Undone. (Almost.): 'BradCast' 2/20
Guest: WI's John Nichols; Also: 2020 Team Trump attorneys lose again at SCOTUS; And a word on the 'victims' of Trump's decades-long NY real estate fraud...
'Green News Report' 2/20/24
Record ocean heat decimating FL's coral reefs; Plastics industry's 50-year recycling scam; PLUS: Nearly half of world's migratory species in decline, U.N. study finds...
After Navalny: 'BradCast' 2/19/24
Also: Massive election fraud alleged in Pakistan; Final death blow for GOP fraudsters' phony election fraud film, '2000 Mules'...
Sunday 'Partying With Putin' Toons
Can someone let Tucker know that Vlad got another one? It's our latest collection of the week's best toons...
In Memoriam: Alexei Navalny (1976-2024)
So, remind me again how wonderful Vladimir Putin is...
Guns Again, Trump as Ever, Media Failure and the Way Forward: 'BradCast' 2/15/24
Also: Special Counsel probing Hunter Biden indicts informant who lied about 'bribes' to the Bidens from a Ukrainian energy company...
'Green News Report' 2/15/24
Oil spill in Trinidad and Tobago; Greenland getting greener; Wildfires reversing hard-won gains against air pollution; PLUS: Climate change comes for chocolate...
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: Philly Inquirer's Will Bunch; Also: Idaho's Lt. Guv may be insane --- or maybe just a Republican...
By Brad Friedman on 10/6/2021 5:52pm PT  

Something not terrible actually happened in D.C. today! We celebrate at the top of today's BradCast! [Audio link to full show is posted below summary.]

Faced with the likelihood of the U.S. defaulting on its debts in a matter of days for the first time in American history (and being blamed for the economic devastation that would go with it), or otherwise facing the possibility that Democrats would be forced to reform the filibuster to allow a carve out for raising the debt ceiling, Mitch McConnell and Senate Republicans blinked today. They have now agreed to call off their filibuster to allow Democrats to raise the debt ceiling by themselves, if only for about two months. That's okay. It's a clear win for the Dems, whose unwillingness to back down to the GOP's economic terrorism and weaponization of the need to borrow money to pay for stuff that Congress (including Republicans!) have already bought, has paid off. It has also revealed McConnell's bluff. Something to keep in mind the next time this comes up again in December. We explain.

It also means that Congressional Dems can now focus on passage of their Build Back Better agenda, specifically, their transformative and long-overdue expansion of healthcare, education, child care and the first real attempt to take on climate change in their proposed $3.5 trillion bill that would spend $350 billion a year over the next ten years. That's not a lot of money, in truth, for the U.S. Government. The Treasury Department may take in $300 billion in tax revenue on any given single day. Not to mention, the entire bill, as proposed, is paid for with a small tax increase on corporations and the wealthy. But that hasn't prevented Sen. Joe Manchin (D-WV) and his sidekick Kyrsten Sinema (D-AZ) from pretending that the implementation of wildly popular progressive programs --- which the Democratic President actually ran and won on --- will lead to an "entitlement society".

Amid the negotiations over the final price tag of the Build Back Better Act, Manchin has been demanding "means testing guardrails" on all new family and health related programs. What does that mean, exactly? If only Americans below a certain income are allowed, for example, to enjoy the two free years of pre-K and community college included in the Democratic proposal, why not impose such conditions on the rest of our public education system? "Once we’re means-testing pre-K," The Prospect's Harold Meyerson recently observed in response to Manchin's demands, "it’s hard to see why governments at all levels don’t means-test K itself, not to mention K-12."

The Philadelphia Inquirer's longtime national columnist WILL BUNCH describes "means testing" in his newsletter this week as "two dirty words for America's middle class" and "the two most insidious and abused words in American politics." He joins us today to explain why that is and what other, alternate, betters ways their may be to meet the seemingly intractable (and dumb) demands from Manchin and Sinema that the Democrats' fully-paid-for bill be scaled back from it's current price tag.

"When means testing is applied," Bunch explains, "the reality is, what you're really doing is reducing the size of the program, so you're reducing the amount of money that needs to be raised to pay for the programs, which means you're reducing the amount that taxes would be increased on these wealthy people and on these corporations, who happen to be Joe Manchin's patrons."

"What really happens is that people who are entitled to these programs don't get the benefits because of means testing," he argues, "because it creates all kinds of bureaucratic hoops. The more you make them jump through hoops, the more you heighten the feeling of stigma that some people feel about getting government aid, they just say 'forget it' and give up. So the utilization rate of these programs --- they find that usually a quarter of the people eligible for these programs don't take advantage of them for reasons like that."

But, he says, it's also simply about money. "Let's focus on what's really going on here. They're really trying to squeeze every dollar to not go to middle class and working class families. And all those dollars that they squeeze, they go into bigger tax cuts for billionaires and corporations," who, unlike middle-class tax-payers, do not face such means testing for benefits they enjoy. "It's like reverse means-testing! The more means you have, the more we're going to bend over backwards to cut your taxes!"

We discuss all of that and more --- including the Rolling Stones concert that Bunch went to this week in Pittsburgh. Yes, I'm jealous!

Finally, as crazy and dangerous as the Republican Party has become in recent years, a number of its elected officials are apparently set on pushing the envelope to new standards of insane behavior...even if it means taking on fellow elected Republican officials, as the Lt. Governor of Idaho has done this week --- once again --- while the state's Republican Governor was out of town on state business. Yes, the madness continues on today's BradCast. We do our best to keep up with it...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Bill to keep U.S. government open (for two more months) gets passed, but the three more difficult and critical bills remain blocked by obstructionists with economic disaster and Biden agenda hanging in the balance...
By Brad Friedman on 9/30/2021 6:46pm PT  

Hopefully today's BradCast is at least slightly less chaotic than Capitol Hill right now. We do our best to help you make sense of the Democrats' attempts to move four critical bills through to law, as they all come due at about the same time, and all must overcome obstructionists from both the Right and the Left. One bill today, has made it through. The fates of the other three --- and those of the nation, the economy, the Presidency and the Democrats --- are less than clear at this hour.

Among the stories covered, discussed, referenced and/or ranted upon on today's program...

  • We start with some listener email in response to our interview last week with NASA climate scientist Dr. Peter Kalmus, who argues that our planet's climate emergency is far worse and more immediate than many other climate scientists are willing to say. Emailer RC concurs, and explains why current plans to curb carbon emissions by both the US and EU are not nearly enough to meet the moment, and entirely unfair to the rest of the world.
  • With those thoughts underscoring much of the rest of our coverage today, we move to the ongoing mess in D.C., where Dems must pass four different pieces of critical legislation in the next few days and/or weeks for various critical reasons. One is a bill to keep the government open and operating after midnight tonight. After a Republican filibuster and a decoupling of that measure from the lifting of the debt ceiling before the government runs out of the ability to borrow money on October 18, the bill to keep the government open was passed by both chambers today (and signed by the President tonight). That Continuing Resolution will keep the government operating until December 3rd, when this ridiculousness will happen again, and Republicans are sure to create still more chaos and uncertainty...just because they can. Their filibuster of raising or suspending the debt ceiling, however, continues to march toward fiscal calamity [PDF] and deep recession as of October 18, unless they relent or Dems come up with some other idea.
  • As we went to air today, it was still unclear whether a vote would be held in the House on the bipartisan $1.5 trillion infrastructure bill, which all Democrats in both chambers agreed to couple for passage with the much larger, very popular $3.5 trillion Build Back Better social spending and climate change bill that encompasses the bulk of the Biden agenda. At least it had been coupled until a small handful of shameless corporatist Dems in the House and Joe Manchin and Kyrsten Sinema in the Senate reneged on the original agreement. Now, they are trying to force Pelosi into calling a vote on the smaller bill, which was already passed by the Senate, and which House progressives have vowed to vote against unless the larger bill is adopted along with it. And though we hadn't seen anyone else make this point before airtime (Josh Marshall mentions it tonight), while House Repubs have been whipping against the smaller bill in the House, if they really wanted to muck things up for the Dems, they could vote in favor of the measure that many of their Republican colleagues in the Senate have already approved. That would replace the votes of the objecting progressives and remove pretty much all of the leverage they currently have to force passage of the larger reconciliation bill. So don't tell Republicans.
  • The log jam on that larger bill, of course, has been Manchin and Sinema. And while neither Democratic Senator had made their objections to the measure particularly clear --- other than they didn't want to spend that much money (even though, unlike the deficit spending of the bipartisan infrastructure bill they supported, the larger one is actually paid for with tax increases on corporations and the wealthy!) --- at least Manchin was open to negotiation. Sinema, who is a terrible person, has said she wouldn't negotiate on the larger bill at all until the smaller one was passed. That is, apparently, still her position. But as of shortly before air today, we now know a bit more about Manchin's position. That, based on a bullet-point memo [PDF] obtained by Politico, which he gave to Chuck Schumer in late July, detailing his demands. Among them, the bill can't spend more than $1.5 trillion, and the coal state Senator (whose family makes millions on fossil fuel extraction each year) really really wants to undermine the critical climate components at the heart of the Biden agenda. We discuss.
  • While Democrats are trying to move their wildly popular agenda forward, despite the obstructionism from both the Right and Left, Republicans and their media machine are busy lying to the public about the effort. We do our part to correct the record today with more information on what Democrats are actually hoping to do --- so you can help be the media and counter the rightwing lies on social media and elsewhere. (Pretty please?) Among those lies, Sen. Marco Rubio (R-FL) offered a whopper today, describing the Biden agenda as "Marxism" on Twitter. And fake news site Newsmax is lying to their gullible viewers about the bipartisan infrastructure bill including an 8-cent per mile "driving tax". It doesn't. We try and help correct the record on both scores.
  • Finally, Desi Doyen joins us for our latest Green News Report. Today, we have yet another California utility company coughing up billions to settle with residents after their negligence led to disaster following the largest methane leak in U.S. history; New polling finds a dramatic spike in concern among a majority of Americans regarding our climate crisis; And another major automaker makes another major bet on our electric vehicle future...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: ACLU policing expert Carl Takei; Also: Sinema tanking Dems' Build Back Better agenda; Trumpworld circulates fake AZ 'audit' report...
By Brad Friedman on 9/29/2021 6:38pm PT  

On today's BradCast: MAGA dead-enders have found a way to continuing pretending the 2020 election was stolen from them in Arizona; it's now down to pretty much one Democrat in Congress who seems willing to take down Joe Biden and the Democratic party's entire agenda; and the lazy corporate media fall for another phony narrative, fed to them by police, to explain 2020's spike in killings across the country. Just another day making sense of the absurd. It's what we do.

First up, despite last week's hilariously embarrassing news for Donald Trump that his own Republican partisans hired by the Republican state Senate in Arizona to "audit" last year's election found that, yup, Trump lost to Biden as originally certified (and by an even larger margin), the disgraced former President is still lying to his supporters, claiming the audit found that he won. It didn't. But, at the same time, his supporters --- including perhaps the top wingnut website responsible for false reports of "fraud" in the 2020 election, Jim Hoft's Gateway Pundit --- are now circulating a phony "draft" of the Cyber Ninja's audit report. The fake report is being characterized as the "real" report by Hoft and friends. One of them, Matthew DePerno, a candidate for Michigan Attorney General(!) who Trump recently endorsed, posted it to Twitter claiming it was the "real " report from the Ninjas that RINOs in the GOP state Senate tried to "censure" [sic].

The fraudulent "draft" claims that the 2020 election in AZ "should not be certified," even though it already was, ten months ago, by the state's Republican Governor. A Ninjas spokesperson denies having anything to do with it, claims the very real looking "draft report" is "absolutely false", and "that it was not written by Cyber Ninjas CEO Doug Logan, nor was [the call for decertification] in any version that was ever sent or shown to the [state] Senate for review."

Thankfully, Hoft, often referred to as the dumbest man on the Internet, isn't buying it! He and his site are furious that the national GOP and Republicans in Arizona are hiding the truth and "are working for the other side!" He's totally right! Hopefully Republican voters won't stand for it any longer and will vote all of them out of office next year to show 'em!

Next, from RINOs in Arizona, to DINOs in Arizona. Kyrsten Sinema, according to a number of her fellow Democrats today, seems to be the one --- even more than Joe Manchin --- holding up passage, and even negotiation, on the Build Back Better Act, the wildly popular $3.5 trillion sweeping social safety net and climate change legislation which is at the heart of the Biden agenda. It's also fully paid for by a small increase on taxes on corporations and the wealthy. While we covered the four pieces of legislation at the heart of what led House Speaker Nancy Pelosi to describe this week as "a time of intensity" in some detail on yesterday's BradCast, I'll refer you to that one and today's show for all of the maddening details here. Though I will note that Sinema's (and Manchin's, to a slightly lesser extent) intransigence could result in both the $3.5 trillion reconciliation bill failing to pass, along with the smaller, bipartisan infrastructure bill that Sinema was key to crafting with Republican Senators. She seems far more willing to negotiate with GOPers than with Congressional Dems in her own party, or even the Democratic President of the United States.

The result of all of this could be the death of both bills and Democratic hopes for success in 2022 along with it. But, it should be noted here, that even if Pelosi allows a House vote on the smaller, bipartisan infrastructure package that Sinema really wants to see passed this week (even though, unlike the larger package, it is not "paid for" and will increase the deficit that she and Republicans who support it claim to oppose), and even if it somehow is passed in the House (despite the Progressive Caucus vowing to vote against it), as Congressional expert Norm Ornstein explained on this program last week, Pelosi doesn't have to send it to the President until the reconciliation bill is passed as well. She can hold the smaller bill as long as she likes, according to Ornstein, who told us the Speaker never has to send it to the President's desk, if she doesn't feel like it.

Next, you may have seen the widely reported new statistics released by the FBI on Monday, finding an alarming spike in killings in the U.S., mostly with guns, during 2020. You may also have noticed that many of the stories on the new data --- from Washington Post, New York Times, NPR and others --- all referenced claims from police officials and academics who support them, that the record spike should be attributed, at least in part, to new policing rules and reticence by cops to take action following the murder of George Floyd in Minneapolis last year and the many others who were caught on tape being killed by the police.

Darn those "Defund the Police" activists whose outrageous advocacy has led to an historic spike in U.S. homicides!

Of course, that all appears to be bullshit, as explained by our guest today, CARL TAKEI, Senior Staff Attorney at the ACLU's Trone Center for Justice and Equality, where he litigates police practices. "This is a story that we have heard before," Takei explains. "It actually goes back to 2014, when then-St. Louis Police Chief Sam Dotson coined the term 'Ferguson Effect'" after the police killing of Michael Brown in Missouri that year, which sparked national outrage, weeks of protests and demands for police reform. "The 'Ferguson Effect', according to its proponents, means that police choose to be less proactive because protests against police hurt their feelings. And this decrease in proactivity then leads to a rise in homicides and other violent crimes."

"The problem with this is it doesn't  make sense," says Takei. "Why would decreases in arrests of people for low-level offenses like pan-handling or passing bad checks --- using counterfeit bills, as George Floyd was accused of doing before he was murdered --- why would decreases in these kinds of arrests lead to more homicides? That's the unanswered question at the core of the 'Ferguson Effect' idea."

"Police, when it comes especially to serious violent offenses like homicide, are reactive," he argues. "They respond after the shooting has already taken place. And they don't actually have the ability to prevent gun violence. And that's why, over forty years of seeing crime go up and police budgets going up, and then crime going down but police budgets continuing to go up --- we have forty years of year-on-year increases in police budgets and we've seen that there's actually no relationship between how much we are funding the police and what is happening in terms of crime rates."

Takei tells me, "Police aren't actually able to address the root causes of crimes. Especially crimes like interpersonal violence, or crimes that come from economic distress, from mental health issues, drug dependence issues. All of that requires different tools. But we live in a country where oftentimes the first and only response to anything that's labeled as crime is 'give more money to the police.'"

So, to what does Takei attribute the largest one-year spike in murder and manslaughter since record keeping began on these statistics in the 1960s? And what should be done about it? Tune in to find out. But it is damned frustrating to see so many theoretically legitimate news outlets incuriously parroting these unsupported-at-best and arguably completely phony claims about violent crime.

Finally today, a bit of good crime-related news out of Los Angeles this week, where prosecutors have moved to expunge another nearly 60,000 marijuana-related convictions from the past three decades, some five years after California voters approved the use and sale of recreational cannabis...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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SCOTUS may soon overturn Roe v. Wade, but, until then, an injunction would restore long-established legal precedent in the Lone Star State...
[UPDATED 10/6/21: Judge grants preliminary injunction; temporarily enjoins state ban] [UPDATED 10/8/21: 5th Circuit grants temporary administrative stay][UPDATED 10/15/21: DOJ will ask Supreme Court to lift 5th Circuit stay]
By Ernest A. Canning on 9/29/2021 10:05am PT  

On Friday, U.S. District Court Judge Robert L. Pitman is scheduled to hear oral arguments on Texas' new anti-abortion law, S.B. 8 in the federal government's Emergency Motion for a Temporary Restraining Order or Preliminary Injunction [PDF]. He is likely to rule in favor of the federal government.

If granted, the ruling by Judge Pitman, an Obama appointee, would temporarily prevent enforcement of the new Texas statute banning pre-viability abortions performed on or after 6 weeks of pregnancy, before many women even know they are pregnant. That preliminary injunction would, for now, restore the status quo ante --- the state of the law in Texas prior to Sept. 1, 2021, when S.B. 8 first went into effect.

Unless overturned on appeal, the preliminary injunction would then remain in effect pending a final decision on the legal issues raised by the U.S. Department of Justice (DOJ) in the federal Complaint it filed in United States v. Texas.

The issuance of a temporary injunction by Judge Pitman would not be inconsistent with the U.S. Supreme Court's recent 5-4 rejection of a private medical provider's similar request for an injunction in Whole Woman's Health v. Jackson, the initial federal challenge to the Lone Star State's new law.

As the DOJ argues in its filing, no one, not even Texas, contends that S.B. 8's pre-viability abortion ban --- one that also contains no exception for unwanted pregnancies due to rape or incest --- is Constitutional under existing federal law. To the contrary, even in the first case, Whole Women's Health, the right-wing Supreme Court majority conceded the medical provider plaintiff "raised serious questions regarding the constitutionality of the Texas law at issue".

The core problem which prevented the issuance of an injunction in the initial case arose from "uncertainties" both as to federal court jurisdiction and whether any of the named defendants in that case could lawfully be the subject of a federal court injunction.

Those "uncertainties" arose because S.B. 8 was specifically designed to prevent challenges to its constitutionality in federal courts. The statute was crafted to prevent the Executive Branch of state government from enforcing the 6-week abortion ban. Instead, according to the DOJ's Complaint, S.B. 8 "deputized ordinary citizens to serve as bounty hunters who are statutorily authorized to recover $10,000 per claim from individuals who facilitate a woman's exercise of her constitutional rights."

In Whole Woman's Health, a legal concept known as State sovereign immunity prevented the plaintiff from naming Texas as a defendant. Because the statute prevents enforcement of the Act by members of the state's Executive Branch, the private medical provider was unable to seek an injunction against anyone working for that branch of the Lone Star State. There's legal uncertainty as to whether the State court judge, who was a named defendant in the case, could be enjoined by a federal court. The only potential private "bounty hunter" named in the medical provider's complaint filed an affidavit with the U.S. Supreme Court, asserting he had no present intent to file an S.B. 8 enforcement lawsuit.

The Supreme Court's "shadow docket" majority decision held that those "uncertainties" warranted a denial of the private medical provider's request for injunctive relief in Whole Women's Health. However, that same majority expressly noted their decision "in no way limits other procedurally proper challenges to the Texas law."

Texas cannot assert sovereign immunity when it is directly sued by the federal government in a case that alleges a State enactment violates the sovereignty of the United States. Thus, the DOJ's case, United States v. Texas, is a "procedurally proper" challenge...

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




Biden and Congressional Dems face down a GOP hell-bent on chaos and a handful of 'moderate' Dems set on undermining the Build Back Better agenda; Also: Is the electric vehicle inflection point finally here?...
By Brad Friedman on 9/28/2021 6:29pm PT  

On today's BradCast: Over the weekend, House Speaker Nancy Pelosi warned her caucus in a "Dear Colleague" letter that "the next few days will be a time of intensity". She wasn't kidding. [Audio link to full show is posted below this summary.]

Today, we bring you up to date on the four different major pieces of legislation that Democrats must push through Congress, somehow, within the next few days. All four are incredibly important for different reasons, have slightly different deadlines, and slightly different obstacles to passage, each of those obstacles are difficult.

As of midnight Thursday (September 30), the government will shut down if a Continuing Resolution to keep it open is not passed in the Senate. That will end up costing taxpayers a lot of money and financial markets will take a hit, as we already saw today, with the Dow dropping more than 550 points and the S&P falling 2 percent. Of far greater danger to both the stability of the U.S. AND global economy, as of October 18, as Treasury Secretary Janet Yellen has now cautioned lawmakers, the government will run out of "extraordinary measures" to avoid defaulting on U.S. debt unless the ridiculous, statutory debt ceiling is raised or suspended by Congress. That would allow the government to continuing borrowing to pay for all the stuff that Congress has already committed to spending, such as the $8 trillion increase to the national debt that was run up with the approval of Republicans during the Trump Administration, for example. Without raising the debt limit, Yellen warned, we will face "catastrophic economic consequences".

Republicans in the Senate, however, are currently filibustering the bill that would solve both of those problems in one simple fell swoop, just because they can. They appear to want chaos, uncertainty and a potential meltdown of the global economy, even at the cost of a first-ever default on the good faith and credit of the U.S. government. How that destructive hostage taking ends before the imposing deadlines nobody currently seems to know.

The other two pieces of legislation that need to pass quickly comprise Joe Biden's progressive agenda, which he ran on, is wildly popular among the American people, and which Democrats can now enact into law without any Republican help. One is the $1.5 trillion bipartisan infrastructure package for stuff like roads and bridges. The other is the $3.5 trillion budget reconciliation bill known as the Build Back Better Act to expand health care, education, child care and take on climate change among a host of other critical stuff. The framework for the latter bill was approved by Democrats in both chambers on the basis that both bills would be passed together, appeasing both progressives and so-called "moderates". Together, the two bills make up the bulk of the Biden agenda which every Democrat in both chambers voted to support...at least until a small handful of "moderate" Dems in the House and two Dems in the Senate (Joe Manchin and Kyrsten Sinema), tried to break the deal recently and force a vote on the smaller bill while kicking the larger one down the road.

But a newly robust and emboldened Progressives Caucus in the House is having none of it, and has vowed to vote against the smaller bill if the larger one isn't passed along with it. The hold up on the larger one appears to largely be Manchin and Sinema who have been vague in their objections, other than to protest that $3.5 trillion is too much spend. That, despite the fact that Democrats and the President say the entire ten-year ($350 billion/year) bill is fully paid for by small tax increases on corporations and the wealthy. Biden describes the cost of the bill as "zero".

All of which has resulted in "a time of intensity" on Capitol Hill right now which we walk through today --- intensely --- even as Manchin refuses to come up with a number that he would accept, and as Sinema's vague objections are made somewhat clearer by a fund-raiser being held today for her by several business lobbies who oppose having their taxes raised (to a lower amount than they were before Trump), and as her position is now costing her dearly at the moment among both the Arizona state Democratic Party and Democratic voters across her state. Tune in. We'll explain all.

In less intense --- and actually encouraging --- progressive news OUTSIDE of D.C, the inflection point to electric vehicles may just about be here, if Ford's new announcement this week of a huge, $11 billion investment to build three battery factories and an electric truck plant (creating 11,000 jobs in the bargain) is any indication.

Finally, in a related-ish news, Desi Doyen joins us for our latest Green News Report, with even more encouraging news on electric vehicles coming out of Norway this week, along with much less encouraging news regarding the high cost of climate change, the GOP obstruction of aid to victims of Hurricane Ida, and new manslaughter charges against California's largest utility company, PG&E...

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Guest: Congressional historian and author Norman Ornstein of AEI on why he believes Dems will both reform the filibuster and pass a transformative Build Back Better budget reconciliation package...
By Brad Friedman on 9/22/2021 6:23pm PT  

On today's BradCast: What we are witnessing right now in Washington D.C. is not just an exercise in how the sausage gets made...or doesn't. While it is that, it is also an extraordinarily perilous moment for the survival of the republic, as Democrats try to step up, in order to face down an insurrectionist GOP seemingly hell bent on taking the nation and the world down with them. Fortunately, our guest today --- who knows this landscape as well as anyone in the nation --- seems optimistic, despite the fraught dangers that lie ahead. [Audio link to full show is posted below this summary.]

The nightmare moment for Joe Biden, the Democrats and the nation, includes a Congressional Republican Party willing to default on the, until now, iron-clad good faith and credit of the U.S. economy, by refusing to vote to raise the ridiculous "debt ceiling" in order to borrow the money needed to pay for all the stuff that we (including Republicans!) have already committed to paying for, including trillions spent or given away during the Trump years.

It also includes several mighty internecine battles inside the Congressional Democratic caucus itself, as the so-called "moderate" and progressive wings of the big tent party attempt to navigate through landmines over the next several days and weeks to come to an agreement on Joe Biden's proposed $3.5 trillion Build Back Better social safety net programs (which, in addition to the expansion of health and child care, also includes a laundry list of long-overdue programs, such as our first major attempt to take on our climate emergency) and the critical Freedom to Vote Act, a sweeping election reform package to try and counter the massive voter suppression and election subversion efforts being adopted by GOP-controlled states in advance of 2022.

To pass the latter, Democrats will almost certainly need to reform the filibuster in some way, to allow passage with a simple majority of Senators. Sadly, there do not appear to be any Republicans left in Congress who are willing to support the right to vote and fair elections. These problems seem insurmountable for the moment, even as we've been fairly bullish on the Dems' ultimate ability to overcome the many hurdles they currently face.

Similarly bullish, it seems, is NORMAN ORNSTEIN [pictured above], longtime Congressional historian and political science PhD, who has spent the bulk of the last four decades studying politics, elections, and the US Congress at the right-leaning American Enterprise Institute, where he is now a senior fellow emeritus. He is also a contributing editor and columnist for The Atlantic and author of a host of books, including his latest, One Nation After Trump: A Guide for the Perplexed, the Disillusioned, the Desperate, and the Not-Yet Deported, with E. J. Dionne and Thomas E. Mann.

Last week, Ornstein and Norman Eisen, of the left-leaning Brookings Institution, published a Washington Post op-ed headlined "Seven reasons to think Senate Democrats will actually change the filibuster". It's based on a paper they published at the same time at Brookings, along with Mel Barnes and Jeffrey A. Mandell, titled "Filibuster reform is coming --- here's how".

Both pieces are surprisingly optimistic when it comes to what will have to happen --- and how West Virginia's Joe Manchin and Arizona's Kyrsten Sinema will have to play along --- in order to reform the filibuster to adopt the Freedom to Vote Act, before that freedom is all but foreclosed by GOP voter suppression and election subversion in next year's mid-terms and 2024's Presidential race.

"We're seeing more and more intense understanding on the part of Democrats in the Senate that the road to accomplishing significant goals, in a time frame that's short for Democrats, has to require some change in their rules," Ornstein tells me, explaining why he believes that even Manchin and Sinema will come around to understanding the existential necessity of countering "the over-the-top actions by --- it's not a party anymore --- the Republican cult, to try not just to obstruct votes and to suppress votes, but to intimidate election workers and overturn legitimate results."

He walks us through why he believes that both of those two currently obstructionist Democratic Senators will come around in the end, on both filibuster reform and the Dems' budget reconciliation bill, which can be adopted with a simple majority vote. "Joe Manchin, throughout his career, has been a transactional politician. You could do a bill that's, say, $2.2 or $2.5 trillion, that actually preserves all of your core priorities" by simply trimming the number of years those proposals will be in effect. And, he argues, it can be done "if not being revenue neutral," then in a way that "is a pretty trivial amount as a share of our Gross Domestic Product."

In the end, he believes Manchin will come along, and Sinema along with him. "I think it's dicey, but I also think it's doable," Ornstein argues.

Among other key points of our conversation today, we discuss how Nancy Pelosi can hold the vote on the smaller, bipartisan, $1.5 trillion infrastructure package that Democratic House "moderates" are demanding next week, but not send the bill to the President's desk until the larger reconciliation package supported by progressives is adopted in both chambers; and how (and if) Democrats will be able to overcome objections by the Senate Parliamentarian to include things like immigration reform in a budget reconciliation package, "awkwardly thrown in". All necessary, says Ornstein, "because of the goddamn filibuster! Because there's no other way to get it done with 50 votes. So you create this ungainly hodgepodge of things as a way to try to circumvent the rules, and the better way to deal with it is to change the damn rules!"

If these things don't happen, he warns, if Democrats fail to successfully navigate the many minefields to adopt both election reform and Biden's Build Back Better Agenda, we are in "deep, deep, deep trouble," he says. "I think we're done for, frankly, if they can't do both of these things."

Of course, in the next few days, we'll also have to somehow get over the debt ceiling cliff that Mitch McConnell and Senate Republicans are threatening to push the nation over. On that, Ornstein is less sanguine. "I'm actually more concerned about that, because we have a group of Republicans like [Governors] Ron DeSantis, Greg Abbott, Kristi Noem and Tate Reeves, and so many others who are willing to let hundreds of thousands of people die [from COVID] for their own political purposes. Can I believe that Mitch McConnell and his colleagues would let the nation go into default and cause the economy to go into huge upheaval? Sadly, yes."

There is also at least one extra treat in my interview with Ornstein today, however, for those who may remember the hilarious and shockingly prescient 1998 satirical novel by Al Franken, written prior to his career as a U.S. Senator, entitled Why Not Me?: The Inside Story of the Making and Unmaking of the Franken Presidency. Ornstein actually "co-stars" in the book as Franken's unlikely Campaign Manager before becoming his Presidential Chief of Staff. I'll not give any more of the book away, since I suspect it's still an hilarious read. But today, Ornstein shares the backstory of how that book came about, and how much more prescient it actually turned out to be than even I remembered!...

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Also: Debunking CA Recall 'fraud' claim; COVID crisis creating hospital death panels as the voluntarily unvaxxed killing themselves and others...
By Brad Friedman on 9/16/2021 6:10pm PT  

If there's one guy you really don't want vowing to dog you, it may be Rhode Island's Democratic Sen. Sheldon Whitehouse, easily one of the most persistent Senators in the upper chamber. If you're Trump's FBI Director or, especially, Supreme Court Justice Brett Kavanaugh, that's probably not good news. But it's just one of the stories covered on today's BradCast. [Audio link to full show is posted below this summary.]

Here's a quick summary of many more of them...

  • No, the disappearance of 350,000 votes from CNN's California Recall Election Night live ticker is not proof that it was stolen. Especially when there is a perfectly plausible (and checkable) explanation for it.
  • After the well-publicized testimony of U.S. gymnasts in the Senate Judiciary Committee on Wednesday, regarding the FBI's years-long failure to adequately investigate hundreds of allegations of sexual assault against now-convicted team physician Larry Nassar, Sen. Sheldon Whitehouse had a few related questions for Trump-appointed FBI Director Christopher Wray about another similarly flubbed investigation --- perhaps more accurately described as a Trump Administration/FBI cover-up --- regarding serious allegations of sexual assault against a young girl by a now sitting Supreme Court Justice. After alleged sexual assaulter Brett Kavanaugh, Donald Trump's second nominee to be packed onto the U.S. Supreme Court by Republicans, Whitehouse vowed to Christine Blasey Ford, Kavanaugh's main accuser, that he would get to the bottom of the FBI's clearly whitewashed pre-confirmation "background check" probe of Kavanaugh. It's three years later and Whitehouse has not forgotten. As he explained while pressing Wray during Wednesday's hearing, he has been waiting all of that time for answers and documents from the FBI. He made clear to Wray that he will not stop until he gets them. As evidenced by his nearly ten years of weekly "Time to Wake Up" climate addresses on the floor of the U.S. Senate, the Rhode Island Senator does not back down easily.
  • The COVID pandemic continues to worsen in the U.S., with no end in sight. That, of course, thanks to the voluntarily unvaccinated. Hospitals across the entire state of Idaho are now rationing care under "critical care standards" that allow them to try and save the lives of those most likely to survive, while offering comfort and best wishes to those unlikely to make it. Similar "death panels" are now in place or "imminent" in other states with similarly low vaccination rates, mostly run by Trumpy, denialist, Republican Governors. While the vast majority of those paying the worst price are the unvaccinated, their selfishness comes at an unspeakable to cost to many who are vaccinated, as we detail today. Those include the Alabama man who died last week in Mississippi after his Trump Country Alabama hospital had to call 43 hospitals before finding one, 200 miles away, that could give him care; the Illinois woman with a comorbidity who died after becoming infected with a breakthrough COVID case after visiting a family friend in Mississippi whose husband had died in the state with one of the lowest vaccine uptake rates; the man in Hawaii who remains in excruciating pain today, because he can't get a non-emergency operation for kidney stones due to lack of oxygen supply for all but COVID patients on all of the islands. Yes, the voluntarily (and selfishly) unvaccinated continue to bring pain, harm, sadness and death to far more people than just themselves...which is already bad enough.
  • Finally, Desi Doyen joins us for our latest Green News Report, featuring news on Nicholas, the latest storm to make landfall in our latest record hurricane season, exacerbating recovery in Louisiana, where folks are just beginning to recover from Hurricane Ida the week before last; Biden's continuing push for his landmark climate infrastructure plan; States now beginning to hold plastic producers to account for their pollution; and Vermont stepping up as the latest state to sue fossil fuel giants for decades of deadly lies about climate change...

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Elder pretends to care about 'election integrity', lies about fraud before Election Day; Senate Dems reach fantastic election reform 'compromise'; More anti-vax RWers 'bite the dust' while inflaming the pandemic for all...
By Brad Friedman on 9/14/2021 6:57pm PT  

Get ready for another roller-coaster ride on today's BradCast, which also happens to be Recall Election Day in California. [Audio link to full show is posted below this summary.]

As of airtime on Tuesday, we heard of no major reports of voting problems at the polls across the Golden State, though that may be thanks to so many already having voted by mail or during early voting. But, while pretending to support "election integrity" during an interview on MSNBC, Larry Elder, rightwing talk show host and GOP front-runner to become Governor if popular Democratic Gov. Gavin Newsom loses on the ballot's first question, was busy lying about "fraud" and the "twisted results of this 2021 Recall Election" on his "Stop CA Fraud" website, before any results are known whatsoever. Oh, and he's also threatening the use of the "ammo box" if the results don't go his way.

(And, in related comment, we discuss why these "Will you accept the results of the election tomorrow?" questions are really unfair and unhelpful gotcha questions, that it would be really nice if media stopped asking.)

In far brighter news, a group of eight U.S. Senators --- representing the broad political spectrum across the Democratic caucus in the upper chamber and including Joe Manchin --- announced a "compromise" election reform package with a ton of really really good stuff in it. Among the huge number of long overdue reforms in what they have dubbed the "Freedom to Vote Act": Automatic and same-day voter registration for all; restoration of voting rights for former felons; federal minimum standards for absentee voting, drop boxes and early voting; an end to partisan gerrymandering; curbs on dark money in elections; the prevention of the ability of partisan state legislatures to overturn results derived by non-partisan election officials; new cybersecurity standards for computerized voting systems; and much much more.

The devil is often in the details, and I've yet to review the actual legislative text as of airtime, but from the summary description made available by Sen. Amy Klobuchar, chair of the Senate committee that oversees federal elections and campaign law, almost any one of the items included in this proposed bill would be hugely good news. I'll need to review the specific language on the measure's requirements for hand-marked paper ballots to sign off on that part of the bill, but even the proposed requirements for Voter ID are very good ones. They will serve to force states with purposely restrictive Photo ID voting restrictions (enacted to suppress the vote, not to protect against fraud) to be much less onerous, while avoiding new restrictive mandates in the majority of states which already have reasonable ID rules or few at all.

The legislation is based on Manchin's personal "compromise" version of the For the People Act and John Lewis Voting Rights Advancement Act, both of which have already been passed by the House. Manchin is one of the eight Senators who worked out this proposal, and is said to be reaching out to bring Republicans on board. Of course, even if all 50 Senators who caucus with the Dems vote in favor, as appears likely (Schumer says he is scheduling a vote for next week), it seems unimaginable that any Republicans will join them, much less the 10 that would be required to overcome a Senate filibuster. But with Manchin as a co-sponsor, it will now be on him to get the GOP votes needed for passage or face the prospect of no long-overdue election protection at all...UNLESS he is willing to support a "democracy reconciliation" carve-out to the Senate filibuster. It should be a very interesting, maddening and/or fantastic week or two. We'll be following it all very closely, of course.

And, as Dems are trying to improve representative Democracy in the U.S., Republicans are still, apparently, in the business of simply trying to kill as many Americans as they can to make some sort of twisted political point.

Yet another fervent, anti-vaxxer rightwing radio and TV host died from COVID over the weekend, the fifth in the past month and a half. And while we've had a modicum of sympathy for some of the others who have recently passed, as we explain, this one, 62-year old Bob Enyart, is very difficult to feel anything but contempt for.

We have slightly more sympathy, however, for the wildly misinformed and brainwashed 64-year old anti-vax QAnon supporter and highway overpass activist and YouTuber, Veronica Wolski who bragged last month on her final video about never having worn a mask in her life, and about the need to "NEVER COMPLY" with any COVID public health measures in order to "never give up your freedoms" so "you never have to fight to get them back."

She won't be fighting for anything anymore. Wolski died over the weekend from COVID-related illness in the ICU, but not before the QAnon dupes, led by disgraced Georgia attorney Lin Wood, sicced supporters on the hospital trying to save her life and threatened its workers with "murder" charges unless they agreed to treat her with Ivermectin, the horse deworming medicine not approved for treatment of COVID. That, before Wood declared on his Telegram channel to his more than 800,000 followers: "Now, we go to war."

Unfortunately, deadly climate change (not to mention COVID) is what wingnuts should be going to war against. As Desi Doyen explains in our latest Green News Report today, yet another massive tropical storm, Hurricane Nicholas, is now knocking out power (again) and drenching the U.S. Gulf Coast with some 20 inches of rain in parts of Texas flooded out in 2017 by Hurricane Harvey and sections of Louisiana that were already still under water following last week's Hurricane Ida. President Biden, meanwhile, is pushing for action on climate in his $3.5 trillion budget reconciliation bill, and his EPA is taking several long-overdue actions on behalf of clean, non-toxic drinking water across the U.S., and an age-old salmon fishery in Alaska...

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Guests: Emily Levy of Scrutineers, Jim Soper of NVRTF; Also: GOP freaks out over Biden's vaccine mandate; Cat 5 super typhoon targets Taiwan...
By Brad Friedman on 9/10/2021 6:58pm PT  

On today's BradCast: There's an old idiom about the importance of "knowing the room" you're talking to. It seems the California Sec. of State and/or her office may be unfamiliar with that old idiom. At least based on the bizarre request they made during a meeting on Thursday with some of the nation's top cybersecurity and voting systems experts, asking them to be "cheerleaders" for the state's voting system security procedures. That, following the recent theft and release of key voting system software by rightwingers that has set the hair of those computer scientists on fire, leaving them to urge the SoS to take "urgent" and immediate "emergency actions" to protect Tuesday's Gubernatorial Recall in the Golden State. [Audio link to full show is posted below this summary.]

But before the inside details on that meeting, Republicans are now predictably freaking out after President Biden announced reasonable, science-based mandates on Thursday, requiring millions of federal employees and contractors to be vaccinated against COVID-19 without an option to test out. There was nothing particular unusual about the executive directive. There are thousands of such vaccines mandates across the country, and have been for decades. They have long been approved by both state and federal courts.

But the GOP, having abandoned any and all actual policy agenda, has become little more than a party of grievance and evidence-free conspiracy theories. Following Biden's new mandates, their heads are exploding as they vow to sue and are equating reasonable new efforts to try and help keep Americans alive (while the Delta variant is surging and infecting and killing more school children) with "tyranny" and "Hitler". Some, including a top U.S. Senate candidate in Ohio, are even encouarging violence against Government officials he is now equating with the "Gestapo".

But that's what Republicans now do. Back here in the Not Crazy World, in places like San Francisco, the city's Health Department announced this week that there have been zero outbreaks of COVID since the school year began in mid-August. That's thanks to universal masking and other common sense requirements for staff and students alike. Contrast that with Florida and Texas and other GOP run states, where schools are shutting down yet again as hospitals are being overwhelmed with cases.

When they're not drama queening about the "FREEDOM!" to infect and kill their friends, family, neighbors and co-workers, they're busy pretending that elections are being stolen from them, despite any hint of evidence to support such serious charges. Lack of evidence this week has not prevented either the former President or rightwing radio host Larry Elder from claiming the ongoing CA Recall election is "rigged" if the popular Democratic Gov. Gavin Newsom is not removed from office...in a state where registered Ds outnumber Rs by about 2 to 1.

But even if there is no evidence to date of the "voter fraud" Trump and Elder are certain is going to rob Republicans of a victory, there is reason to be concerned about the results of the September 14th Recall. As we've been reporting over the past month --- too often exclusively --- the theft by a Republican County Clerk in Mesa County, Colorado of the Election Management System (EMS) software made by Dominion Voting Systems, and its wide release for download by anyone via the Internet, has placed Tuesday's election in peril, according to cybersecurity and voting systems experts.

Last week, eight of them penned an "urgent" letter [PDF] to CA Sec. of State Dr. Shirley Weber, warning her about the serious security breach caused by the release of the key software used to run and tabulate elections in nearly 60% of California counties. Those top experts --- including UC Berkley's Philip Stark, Georgia Tech's Rich DeMillo, the legendary cybersecurity and voting system white hat hacker Harri Hursti, Livermore National Laboratory cyber expert and longtime CA Sec. of State voting system Advisor David Jefferson, Univ. of South Carolina's Duncan Buell and others --- urged Weber, in their letter, to immediately mandate statewide, public, post-election Risk-Limiting Audits in order to ensure both the accuracy of the computer-tallied results and confidence in them by the public.

"It is critical to recognize that the release of the Dominion software into the wild has increased the risk to the security of California elections to the point that emergency action is warranted," the scientists wrote to Weber, citing the "critical new risk to the recall election" and how to mitigate those risks.

As we've reported, along with a number of the scientists who sent that letter who have appeared on this program, the Secretary's office, while claiming the state's existing security procedures will protect against any problems (even though the scientists explained otherwise in their letter), seemed to be in denial about the concerns. As we've reported, her office had not even offered a direct reply to the scientists until they and a number of state election integrity advocates were invited to a last-minute video conference meeting with Weber and her staff yesterday.

It was at that meeting where the participants --- again, some of the world's top experts in computer and voting system security --- were asked to be "cheerleaders" for California's current security procedures. Of course, anyone who knows folks like the legendary Hursti would be likely to laugh at that particular request.

We're joined today by two participants in Thursday's video meeting with Weber, longtime election transparency advocate EMILY LEVY of Scrutineers.org and JIM SOPER, co-chair of the CA-based National Voting Rights Task Force, which had also sent a letter to Weber urging improved post-election processes following last month's leak of the Dominion EMS software.

Levy confirmed that participants were asked, to be "cheerleaders" during the meeting. "Absolutely, that did happen," she tells us today, confirming my own reporting with a number of other participants. "And I have to say it was quite surprising, especially when coupled with the turning down of our requests about doing the Risk Limiting Audit. So, 'No, we won't do what you're asking, but we do want you to be cheerleaders for the security of the election.'"

"You know, I will applaud any increase in security procedures that I am aware that they are doing," she added. "But I'm certainly not in any position, and I don't think anyone there is, to put our reputations on the line saying  we'll swear by the security of this election. Especially if they're not going to be increasing auditing procedures."

Both Levy and Soper suggested the office seems to understand that the Dominion Election Management System software has now been released, but didn't seem to fully appreciate the threat it poses to the election, as the scientists --- who were also on the video call --- made clear in their letter. "I didn't hear the level of alarm that I think is warranted," Levy notes.

"I think she understands the threat," Soper argued, before explaining that "a big part of the problem is the shortage of time" between now and Tuesday's Recall Election Day. He says, however --- as did UC-Berkeley's Stark, a signatory on the letter, participant in Thursday's meeting and the inventor of the Risk-Limiting Audit protocol --- that there are simplified versions of the RLA format that could be implemented quickly enough and announced for before Tuesday to avoid the appearance of partisanship.

"There is something called a 'Ballot-Polling Risk-Limiting Audit' that they could do," says Soper. "It's not as effective [as a regular, full RLA], but it would be better than doing nothing." He also notes that Weber asked the meeting participants to "send in a little letter with some notes on what we think should be done [and] that they're going to consider 'what can we do?' out of all of these suggestions."

Weber, a Democrat, may not be as concerned as she could be about all of this, as recent polling shows opposition growing to the removal of Newsom. Still, holding ones breath and crossing ones fingers is hardly a recipe for either success or for the protection of election results that voters of all political leanings can have confidence in.

On the other hand, Levy offers several actions that the public can take in the meantime, both from inside and outside of California, to help oversee and secure the election and try to ensure its integrity, via her Scrutineers site.

Finally today, we close with yet another warning of yet another monster hurricane. This time, it's the Category 5 Super Typhoon Chathu that recently spun up in record time. It's now set on a deadly collision course with Taiwan. Just more fallout from our ever-worsening climate emergency in yet another record storm season fueled by non-stop man-made global warming...

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Hospitals in GOP-leaning states begin rationing healthcare as Delta variant skyrockets, even among children (while DeSantis tries to kill them); Better news in Alaska; Good jobs numbers; DoJ sues Texas; Much more...
By Brad Friedman on 9/9/2021 6:36pm PT  

The news, as you may have noticed, continued to be somewhat grim. But we do manage to find a bit of encouraging news here and there on today's BradCast. [Audio link to full show follows this summary below.]

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

  • Good news in the long (very long!) battle to protect Alaska's nearly-pristine Bristol Bay and its native run, $2 billion a year salmon fishery industry from the ecological devastation of a huge, open pit gold and copper extraction operation known as Pebble Mine. Biden's EPA is invoking a section of the Clean Water Act to block the project. Hopefully it will stay blocked for good this time, but we'll see.
  • New jobs numbers from the Department of Labor are encouraging today, with unemployment rates now at a pandemic low and reaching pre-pandemic levels. That's cautiously good news, given the effect that the Delta variant is now beginning to have on the economy. But, because it's largely encouraging news which works against Republican hopes for a disastrous economy, you probably didn't hear too much about today's numbers. We also explain why this largely good, if under-reported, news also undercuts Sen. Joe Manchin (D-WV)'s argument for undercutting Joe Biden's proposed, landmark $3.5 trillion budget reconciliation bill.
  • More encouraging news (before we get to the less encouraging news today): It turns out we do have an Attorney General and he is capable of acting quickly and decisively...at least when he's pushed to do so. The Dept. of Justice today announced a federal lawsuit to enjoin the state of Texas' new law undercutting the Constitutional right for women to have an abortion, as per the previously-settled, nearly 50-year old precedent established by Roe v. Wade. Whether the DOJ's "relatively novel theories developed in reaction to a novel law" will be successful, given the GOP's stolen and packed U.S. Supreme Court, remains to be seen.
  • Remember back during the summer of 2009, when rightwingers were instructed by Fox "News" and the Republican Party to be outraged about "death panels" in President Obama's then-proposed Affordable Care Act that would lead to the rationing of health care and decisions by government bureaucrats about who should live or die? The argument was all nonsense at the time, as there were no such "death panels" in ObamaCare that would kill granny. But, guess what? States around the country are now beginning to ration healthcare and are deciding who gets to live or die. That is thanks to the very same Republicans who were told to be outraged about phony "death panels" in 2009, now being told to be outraged about life-saving vaccines and mask mandates. Thanks to those idiots, COVID infections, hospitalizations and death rates are skyrocketing, particularly in GOP-run states with low vaccination rates. And, because of it, and the lack of ability to handle the surge, the state of Idaho has announced new "crisis standards of care." That means they are now literally forced to ration health care, as they try to save those with the highest chances of survival, while wishing the best of luck and "comfort care" to everyone else. Kentucky and other states are now on the brink of doing the same, as hospitals continue to be overwhelmed in states with low vaccination rates.
  • COVID infection, hospitalization and death rates were, incredibly --- and completely unnecessarily --- 2 to 3.5 times higher this Labor Day, then they were over Labor Day last year, in 2020.  Moreover, infection, hospitalization and death rates are also skyrocketing among children right now, with kids now comprising more than a quarter of all new cases.
  • Despite the alarming rates of sickness among children, twisted GOP Governors in states like Texas and Florida are still fighting tooth and nail to block local school districts from determining what is best for their students and staff alike. Florida's largest school district, Miami-Dade, announced this week that 13 staffers have died since mid-August. All of them were unvaccinated. But, in brighter news, a state judge has --- for now --- blocked Gov. Ron DeSantis' appalling authoritarian attempt to ban mask mandates and punish school districts who defy him.
  • Amid all of this today, President Biden announced new federal directives to try and curb the deadly pandemic by mandating vaccination or regular testing for as many as 100 million workers nationally. In remarks sharply critical of those who have chosen to remain unvaccinated, Biden also announced that Executive Branch employees and contractors who do business with the federal government will now have to be vaccinated, with no option to test out of it.
  • Late today, Los Angeles School District, the second largest in the country, voted to implement a mandatory vaccination regime for those older than 12.
  • Finally, Desi Doyen joins us for our latest Green News Report, as Biden pushes for infrastructure resiliency and "building back better" after the deadly devastation of Hurricane Ida, and much more...

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Guest: Legal journalist Mark Joseph Stern; Also: Cybersecurity and voting system experts alert CA SoS to stolen election software threat to Recall...
By Brad Friedman on 9/7/2021 6:07pm PT  

We're back! Luckily it was a slow news week while we we're off last week, right? Okay, maybe not. So, on today's BradCast we begin to pick up on just some of that "slow" news. [Audio link to full show is posted below this summary.]

After nearly month or so of trying to ring alarm bells for the national media and election officials in California, hoping they would connect the dots between the ongoing CA Gubernatorial Recall election and the threat of Dominion Voting Systems election software stolen from a Mesa County, Colorado's County Clerk's office (apparently BY the Mesa County Clerk herself!) and released into the wilds of the Internet, we had some progress late last week!

Eight of the nation's top cybersecurity and voting systems experts sent an urgent 3-page letter [PDF] to CA Sec. of State Shirley Weber, warning her about the threat that the stolen software now poses to the CA Recall (Election Day is next Tuesday, Sept. 14th) and the need for her to immediately mandate a statewide post-election Risk Limiting Audit to both ensure the computer-tallied results are accurate and to offer confidence in those results to those who may think they are not. That, no matter who wins or loses. As we reported late last week at The BRAD BLOG, the scientists, in their letter to Weber, warn the Secretary that "it is critical to recognize that the release of the Dominion software into the wild has increased the risk to the security of California elections to the point that emergency action is warranted."

Associated Press reported on the letter as it was released last Thursday, as did we. But the response from the SoS' office for now is, shall we say, somewhat lackluster. We hope to have more on this as the week progresses and Election Day nears. But at least it's not only us with our hair on fire about these serious concerns.

Next, there were three disturbing rulings issued --- largely in the middle of the night --- by the stolen and packed GOP majority on the U.S. Supreme Court while we were gone or just before we left. All three cases have major consequences. And, in all cases, the rulings were issued without hearings, oral argument, public debate or oversight, or even full explanation from the rightwing Justices.

One "stunning" ruling prevents President Biden from setting U.S. immigration policy, by forcing him to continue the so-called "Remain in Mexico" policy instituted by his predecessor for asylum seekers coming up from Central America; Another blocked the President's moratorium on evictions amid the pandemic; and, perhaps the most disturbing one, as you may have heard, effectively overturns the long-standing precedent of Roe v. Wade's constitutional protections of the right of a woman to have an abortion in the state of Texas. All three decisions were issued with no hearings or public debate and virtually no comment from the Justice's as part of the Court's "Shadow Docket" while they are on Summer break between terms.

Longtime legal journalist MARK JOSEPH STERN has been warning for a while about the increasing use (and abuse) of the "Shadow Docket" by the increasingly activist authoritarian Court, now that it's been packed with three Donald Trump appointees, rammed onto the Court after Senate Republicans did away with the filibuster to do so. Now, as we discuss with Stern on today's program, it should be clear to just about everyone what it is that he's been warning about.

"With the Shadow Dockets, it means that basically we all have to be on high alert 24 hours a day, 7 days a week, because at any time the Supreme Court could issue a monumental decision overturning decades of precedent," says Stern, with little or no warning or explanation.

On the "Remain in Mexico" ruling, Stern observes: "You might have thought that the Supreme Court does not let lower court judges issue sweeping injunctions blocking the President's immigration policies. As you recall, under Trump, the Supreme Court's conservatives leapt in, time and time again, to swat down judges who had tried to halt the former President's immigration rules. But all of that is out the window now that Joe Biden is in the White House. Instead, we have a new principle here that, apparently, the President no longer runs foreign policy." In fact, in this case, that lower Trump-appointed judge actually ordered Biden to enter foreign policy negotiations with Mexico and, astonishingly, the high court let the order stand without comment!

"The hypocrisy here is stunning," Stern argues. "The Supreme Court said that the President gets to make immigration law over and over again under Trump. Remember the travel ban case? Remember the wealth-test case? Remember all of these awful cases where the Supreme Court said Trump can do whatever he wants? And then Biden comes in, and the Supreme Court says Biden can't do anything he wants."

On the eviction moratorium, also overruled by the rightwing Justices, "we're being deprived of any kind of clear debate" via the Court's Shadow Docket, where "the conservatives are awarding themselves more and more power to pretend that debatable decisions in the lower courts are so obviously wrong that they can intervene and resolve them whenever they want."

But, of course, the most egregious item decided without explanation or public debate --- or even a hearing in the lower appellate courts! --- over the last two weeks, is the SCOTUS decision that allows Texas Republicans' new abortion ban law to take effect. The state statute bans all abortions after the sixth week of pregnancy and deputizes citizens to file lawsuits against anyone --- from family members to friends to clergy members to Uber drivers --- who helps a woman in any fashion to obtain an abortion. Such citizen "bounty hunters" will each be awarded at least $10,000 for doing so, under Texas law. All of this, of course, blatantly undercuts the precedent set by SCOTUS in 1973's Roe v. Wade, establishing a Constitutional right to an abortion. And, it's all now being done under the cover of the Shadow Docket, which even Chief Justice Roberts, in this one instance, was forced dissent against.

Whether the Lone Star State's convoluted scheme of deputizing citizens to enforce the law, rather than the state doing so directly, gets around the mandates of Roe is "a huge question, and it's one that I think deserves a full airing, especially after 50 years of Americans enjoying a constitutional right to reproductive autonomy," Stern explains. "It's the kind of thing that would be debated in public if this were a regular case. And also, traditionally in the law, there's a really strong bias toward the status quo, to keeping things as they have been until the Court can have a full and fair hearing on the merits. We didn't get that hearing here, and yet the Court refused to step in and maintain the status quo of abortion access. So we are left with the nation's second largest state shuttering its abortion providers and forcing women to flee out of state if they want to terminate a pregnancy."

So, what, if anything, can be done about the emboldened far-right's abuse of the Shadow Docket at SCOTUS? We discuss that as well, including measures that could --- and, arguably should --- be taken immediately by Congress to reign in an out-of-control Court. Those measures, however, would likely require Democrats to reform the Senate filibuster in order to enact them --- ya know, just as Senate Republicans did to jam these far-right activist jurists onto the Court in the first place, where they are now using the Shadow Docket to, cowardly, run wild. And, all of that, before SCOTUS even begins its term on the first Monday in October, when, Stern predicts, there is even more bad news regarding freedom and civil rights in these United States...

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Guest Host Nicole Sandler with filmmaker Yael Bridge, activist Lauren Windsor...
By Nicole Sandler on 9/1/2021 5:28pm PT  

It's NICOLE SANDLER, back one more time this week to fill in for Brad & Desi, guest hosting today's BradCast.

I have a fascinating, timely show for you today. But I had to start with the news that broke overnight as the Supreme Court did nothing. They just stood back as the most restrictive anti-abortion law in the nation took effect in Texas when the clock struck midnight this morning, the first day of September. They could have stayed it until they hear an actual challenge to Roe v Wade from Mississippi that's already on the calendar this term, which begins in just a month. And it's doesn't only criminalize abortion at six weeks or at the moment a fetal heartbeat is detected. It also deputizes people to turn in anyone they suspect of trying to get an abortion or "aiding and abetting" an abortion-seeker. Welcome to Gilead. If you want a taste of this strange new Orwellian world, check out the website they launched to help people snitch. Seriously. It's prolifewhistleblower.com.

We are now in the unofficial final week of summer, as Monday is Labor Day. If you're looking for a good movie to watch this weekend, we've got you covered. A new film opens Friday in theaters and on demand called The Big Scary 'S' Word. Director YAEL BRIDGE joins us to tell us all about socialism!

One more thing. When I awoke this morning, I noticed a video of Senator Ron Johnson of Wisconsin, one of the more despicable Republicans in the US Senate had gone viral. Well, progressive journalist and activist LAUREN WINDSOR of The Undercurrent shot undercover video of the liar Senator explaining that Joe Biden did, indeed beat Donald Trump in Wisconsin, fair and square. Oops. Go figure...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: FSFP's Courtney Hostetler on federal suit challenging two new vote suppression laws in AZ; Also: John Lewis Voting Rights Enhancement Act passed by House Dems; NC court restores voting rights to 50k...
By Brad Friedman on 8/25/2021 6:32pm PT  

On today's BradCast: It was bad enough in 2013 when Chief Justice John Roberts gutted Section 5, the key provision of the Voting Rights Act. That section prevented discriminatory voting laws before they could take effect. By the time Justice Samuel Alito, on behalf of the Republicans' stolen and packed 6 to 3 majority, legislated from the bench last month to create new tests for Section 2 of the VRA, pulled largely out of thin air, it felt like there was little left in the landmark 1965 federal legislation to protect voters. But voting rights champions are moving forward in courts, nonetheless, even as the battle for new federal voting rights legislation continues.

On Tuesday night, without a single Republican vote, Democrats in the House adopted the John Lewis Voting Rights Advancement Act. The measure would fix much of the damage done to Section 5 of the VRA by the GOP Supremes in 2013, allowing laws with a discriminatory impact on minorities to be blocked in all fifty states before they can suppress voters. But that bill have to overcome a Senate filibuster by Republicans to become law. Still, Democratic Senator Joe Manchin of West Virginia says he support its passage, so perhaps he'll support the modification to the filibuster necessary to pass it. Given the federal lawsuit filed last week in Arizona against two new GOP voter suppression schemes in that state, perhaps AZ's Sen. Kyrsten Sinema, another opponent of filibuster reform --- even on behalf off democracy --- will rethink her position as well when the Senate returns from its August recess.

On Monday, however, there was some bona fide good news out of the very closely divided state of North Carolina, where a court overturned a century old law that prevented former felons from voting upon release from prison. The measure, originally enacted after the Civil War to stop access to the ballot box for black Americans, was finally overturned this week, allowing some 50,000 former felons to register to vote immediately. Of course, state Republicans are appealing the ruling.

And, despite good news last month from a Florida court, tossing a GOP cap on how much money can be donated to get initiatives onto the ballot in the Sunshine State, the effort to once again reenfranchise former felons in that state will now have to wait until the 2024 ballot. That, even after Florida voters already voted for exactly that in a landslide 65% to 35% victory in 2018. It seems Republicans will never run out of ways to prevent some 800,000 returning citizens in the state from being able to participate in their own democracy. It's what they do. It's also why it is so critical to adopt federal reforms, currently being blocked by Republicans and a couple of intransigent Democratic Senators.

In Arizona last week, several voting and civil rights group filed a federal lawsuit challenging two laws recently enacted by state Republicans aimed at suppressing the minority vote, according to our guest today, COURTNEY HOSTETLER, Senior Counsel at the non-partisan government watchdog Free Speech for People (FSFP). Her organization is litigating the case on behalf of Mi Familia Vota, Arizona Coalition for Change, Living United for Change in Arizona (LUCHA), and Chispa Arizona. One law ends the state's very popular permanent early voting list, which allowed voters to receive Vote-by-Mail ballots automatically for every election. The other restriction requires voters who forgot to sign their VBM ballot to do so by 7pm on Election Night. That, even though voters judged to have a "mismatched" signature on their absentee ballot are allowed to "cure" the problem for up to five days after Election Day.

On the first restriction, Hostetler explains today that the permanent early voting list "is supposed to permanent. It's right in the name." But under the new law, she says, "if you don't vote in two consecutive election cycles, you're out. Two election cycles is not that many. There are local elections, many elections that happen. If you decide to skip two elections, for whatever reason, you're off this list and you might not realize it" until its too late.

On the second restriction, she describes that many voters are unlikely to be able to sign their ballot in time, or even be notified that there is a problem, particularly if they only dropped it off the day before the election and especially in the many cases where there is a two-hour, one-way trip for voters forced to use public transportation.

All of this is supposedly to prevent "voter fraud", according to Republicans in a state which has been unable to show any evidence of substantive fraud in past elections, much less fraud that would be prevented by the new restrictions. On the other hand, as Hostetler details, these laws --- which appear neutral on their face --- are specifically designed to "impact minority voters" in several different nefarious ways.

"We can't divorce this from the history of voting suppression in Arizona," she argues, listing many of the ways in which minorities will see a disparate impact from these laws. "Arizona has an unfortunate and long history of voter suppression of Latino, Black and Native American voters."

As the federal complaint [PDF] filed last week reads: "It is no coincidence that the Arizona legislature enacted these changes only after an election in which (1) for the first time in recent memory, the presidential candidate preferred by Arizona voters of color won; and (2) voters of color increasingly used early voting --- the target of the new laws --- to help elect their candidate of choice."

But how can these restrictions be challenged in federal court, given Justice Alito's absurd, created-from-whole-cloth new "guideposts" for adjudicating Section 2 cases under the VRA, where, as we discussed on The BradCast last month, he literally conceded that discriminatory laws are okay, so long as they don't discriminated too much?

Hostetler explains the groups' strategy for challenging these laws under the VRA as well as Amendments 1, 14, and 15 of the U.S. Constitution which, she argues, these restrictions "clearly violate". She also speaks to the necessity of passage of new federal laws to give voting rights attorneys more tools to work with, since SCOTUS has twice gutted the VRA over the past decade. She similarly offers advice on and what we can all do --- as voters, as citizens --- to help reverse this cycle of insidious voter suppression now setting in across the country...especially in swing states like Kyrsten Sinema's Arizona...

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Monsoons taking out Trump's crappy border fence; Also: TX, FL out of beds, oxygen amid explosion of unvaxxed COVID patients; Pelosi holds off 'suicide squad' Dems to pass landmark $3.5 trillion budget blueprint...
By Brad Friedman on 8/24/2021 6:40pm PT  

One upside to our worsening climate emergency, nothing but downsides to our worsening COVID emergency, and Pelosi brokers a deal (for now) between House Democrats to prevent them from destroying themselves. All that and more jammed into today's very busy BradCast. [Audio link to full show is posted at bottom of this summary.]

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

  • Somehow we managed to find at least one bright spot in our endless Climate Changed Summer: global warming is helping to take down Trump's shoddily constructed border fence --- proving that bypassing critical environmental impact studies before handing out sweetheart contracts for multi-billion dollar government boondoggles is a really dumb idea. Especially in an area like Arizona, prone to summer monsoons. Especially for a fence that can be scaled with a $5 ladder. It's an even dumber idea --- a potentially deadly and catastrophic one, in fact --- to flatten existing river levees on the Rio Grande in Texas to make room for a border wall in a flood plain amid ever-worsening hurricane seasons.
  • In still more news of disasters denied and left behind by the Trump Administration for all of us to try and survive, the seemingly unstoppable surge of unvaccinated COVID patients in states run by politically ambitious Republicans is having an horrifically deadly effect --- and not just for COVID patients. In Orlando, Florida, officials are asking residents to immediately cut back water usage as much as 50 percent to avoid potential boil water orders. That's due to a lack of liquid oxygen to purify the water, as the oxygen is currently needed to take care of critically ill COVID patients. In the same state, children now lead all other age groups in the rate at which they are testing positive for the coronavirus. That, as Gov. Ron DeSantis continues his failing war to block school districts from mandating masks, even for kids younger than 12 who can't be vaccinated, but who now have a 23% test positivity rate. And all of that as scores of physicians walked out this week to demonstrate the need for Floridians to get vaccinated as hospitals and ICU's are now filling up and even preventing more non-COVID patients than COVID patients from receiving critical care.
  • The story is no better and no less shameful in Texas, where their Republican Governor, Greg Abbott, is also at war with school districts who choose to try and keep their children and teachers safe by instituting mask mandates. The west Texas town of Iraan (Ira-Ann) is now entirely shut down after an explosion of cases just five days into the school year, with just 14 beds total in the small town's hospital and no critical care facilities anywhere nearer than at least 80 miles away. But those facilities, like the ones in crowded Southeast Texas, in places like Houston, are also completely out of both nurses and beds in both emergency and ICU rooms with hundreds of critically ill patients on waiting lists for both. "Are there patients dying because of this that might not have died? Absolutely, yes," says the doctor who serves as CEO of the Southeast Texas Regional Advisory Council, adding ominously: "I am very concerned about the fatalities that are about to happen." The Lone Star State is now shipping patients out of state as far as Minnesota to get them care. Of course, "it didn't have to be this way," notes Washington Post's Catherine Rampell, calling on "the GOP to dole out some tough love on vaccines." Good luck with that.
  • In brighter news, after a standoff by a rump caucus of conservative "suicide squad" Democrats in the U.S. House, Speaker Nancy Pelosi was able to broker a deal to move forward with passage of the landmark $3.5 trillion budget reconciliation blueprint that would, if ultimately signed into law, expand health care, child care, access to education, begin to take on climate change and raise taxes on corporations and the rich to help pay for it all. Nine or 10 so-called Democratic "moderates" in the House had been holding the measure hostage over the past day, in hopes of forcing Pelosi to allow a vote on the $1.2 trillion bipartisan infrastructure package already passed by the Senate. But Pelosi and President Biden and House progressives have already said that both bills comprising Biden's "Build Back Better" agenda must be passed at the same time. The House standoff ended with an agreement by Pelosi that the infrastructure bill would get a vote by September 27. Whether progressives will vote for it by then likely depends on whether the larger spending bill --- which can pass in both chambers without any Republicans --- is complete. There is still a long, tough road ahead for that agenda. If adopted, it would be a landmark achievement on par with FDR's New Deal. But, after an attempt to undermine by a few Democrats, it is now moving forward again, even as Mitch McConnell is rooting on those Democratic "moderates" in the House, in hopes of scuttling both long-overdue initiatives for the American people.
  • Finally, Desi Doyen joins us for our latest Green News Report, which, as usual, is filled with nothing but "fantastic" news...and Barry Manilow...

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Guest: Ernest A. Canning; Also: Deadly record flooding in TN and from Tropical Storm Henri; Another rightwing talker dies of COVID; And we win the first court victory against GA's anti-voting, anti-press freedom law!...
By Brad Friedman on 8/23/2021 6:15pm PT  

Today on The BradCast, important, helpful advice for progressives in California's Gubernatorial recall, and we win a first court victory against Georgia's new anti-voting and anti-press freedoms law! [Audio link to full show is posted below this summary.]

But first, Desi Doyen joins us for the latest on the record-smashing deluges in both Tennessee, where at least 22 are dead following 17 inches of rain in less than 24 hours, an all-time record and triple what had been forecast --- and on the Northeastern Seaboard where Hurricane (turned Tropical Storm, Turned Tropical Depression) Henri is wreaking absolute havoc. All just the latest examples of our worsening climate change emergency, as Desi explains.

Next, we had a court victory in Georgia on Friday! The first one, in fact, to knock down a provision of the state Republicans' abhorrent anti-voting bill, SB 202. And, I'm proud to say, it happens to be one of the provisions on which I am the named plaintiff representing the media. The lawsuit, filed by the Coalition for Good Governance (CGG), is one of eight suits currently challenging various provisions of the law. CGG's suit, among other things, challenges a number of anti-First Amendment press freedoms jammed into the statute, along with the voter suppression stuff and the provisions which allow the state to take over county boards of elections and subvert election results.

The specific provision struck down by the federal court [PDF] on Friday, criminalized all photography of voter ballots by the public and/or media. Given the state's new, huge touchscreen voting systems, it's now almost impossible to not see a voter's ballot when media or the public attempt to observe voting inside of Peach State precincts. Unfortunately, in addition to striking that one down, the judge allowed several other provisions in this early challenge to stand, though CGG Director (and frequent BradCast guest) Marilyn Marks told me over the weekend there will be much more to come in this case, as they are deciding whether to pursue reconsideration and/or appeal of several parts of the judge's early ruling. While a small victory, for now, it also establishes that the Coalition has standing to sue in this case and that, too, is encouraging good news.

Next, it's on to the ongoing, idiotic --- but deadly serious --- California Gubernatorial recall, in which Republicans, unable to win regular elections, are hoping to unseat popular progressive Democratic Gov. Gavin Newsom, who is otherwise up for reelection next year anyway. Vote-by-Mail ballots have been sent to all registered state voters (at the cost of hundreds of millions of dollars, thanks to those "conservative" Republicans), but, curiously, while Newsom and the Democrats are calling on voters to vote NO on the ballot's first question ("Should Newsom be recall and removed from office?"), they are calling on voters to leave the second question ("Who should replace him, if he loses on Question 1?") completely empty! "Vote No and go!," Newsom and state Dems have recommended.

As our guest today, ERNEST A. CANNING, a longtime progressive Democrat, both writes at The BRAD BLOG and explains on today's show, that strategy may be extraordinarily ill-considered and could backfire on Dems. Instead, after culling through the records (or lack thereof) of every non-Republican, non-Libertarian candidate on question two of the recall ballot (there are 46 candidates in total), Canning, in his "One Progressive's Guide to the CA Recall," explains why he believes the best strategy for progressives is to vote for the Green Party's Dan Kapelovitz on question two.

Both of the leading party candidates (far-right talk radio host Larry Elder for the Republicans and 29-year old real estate mogul and YouTube sensation Kevin Paffrath for the Dems), among other things, oppose Newsom's common-sense, life-saving mask and vaccine mandates and vow to lift them if elected.

Kapelovitz, on the other hand, a criminal defense attorney, both supports the Governor's science-based mandates that have been so successful in the state, and opposes the recall of Newsom itself on question one. He says he's running to stave off a worst-case scenario, according to Canning, should the currently "dead heat" first question result in the unthinkable removal of the Governor.

We also discuss the questionable Constitutionality of CA's more than 100-year old recall process (built into the state constitution by an anti-corporate Republican-turned-Progressive Party Governor in 1911) which could allow a new Governor to be elected to the nation's most populous state with far fewer votes than the current Governor actually receives to stay in office on the very same ballot. And, there's also the troubling matter that this election could have serious national ramifications. California's 88-year old U.S. Senator Dianne Feinstein may need to be replaced at some point before her current term ends in 2024. If a Republican, like Elder, becomes Governor and appoints a fellow Republican to her seat, control of the U.S. Senate would immediately revert to Mitch McConnell and the GOP.

So, yes, this CA Recall, as dumb as it is, matters. And it's important for progressive voters to pay attention, fill out a hand-marked paper ballot, and hopefully deliver it in person to a polling location or a drop-box by September 14th.

Finally, speaking of rightwing talk radio hosts, we've been reporting on a number of them who used our public airwaves to spread disinformation about COVID deniers and its vaccines, before finding themselves hospitalized or killed by the disease in recent weeks. One of them we've covered since his hospitalization in mid-July is Nashville's popular, nationally-syndicated Phil Valentine. After spending months mocking the seriousness of the virus and making fun of the life-saving vaccines, Valentine was announced dead over the weekend, after weeks on a ventilator, on what was reportedly his 62nd birthday...

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