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Latest Featured Reports | Thursday, April 17, 2025
Sunday 'Zero Day' Toons
THIS WEEK: MAGA's Woke-Up Call ... Chinese Take-Out Feud ... Fire and ICE ... and more in our latest collection of the week's best toons!...
Soc. Sec. Expert Warns DOGE Hastening Collapse, Privati-zation: 'BradCast' 4/10/2025
Guest: Dr. Eric Kingson of Social Security Works; Also: Newsmax 'defamed' Dominion; Gabbard reportedly committed voter fraud...
'Green News Report' 4/10/25
  w/ Brad & Desi
Trump signs Exec Ordersto bail out dying, polluting coal industry; Torrential flooding cripples Congo's capital city; PLUS: Big banks planning ways to maximize profits amid climate chaos...
Previous GNRs: 4/8/25 - 4/1/25 - Archives...
Trump Blinks, Chaos Reigns, Markets Spike as Many Tariffs Remain Despite 90-Day 'Pause': 'BradCast' 4/9/25
Also: Law profs warn SCOTUS allowing citizen deportion, imprisonment; House GOP 'rebellion'...
SCOTUS Deportation Ruling Grimmer Than First Appears: 'BradCast' 4/8/25
Guest: Slate's Mark Joseph Stern; Also: Markets still reeling, Repubs gain momentum to end tariffs; Trump judge reinstates AP at WH...
'Green News Report' 4/8/25
U.S. reels after relentless storm damage; Trump's trade war increasing disaster reconstruction cost; PLUS: Senate Repubs push to nix CA's clear air car standards...
Cliff Diving with Donald: 'BradCast' 4/7/25
We turn to callers for explanation of Trump's absurd trade war; Also: Court orders return of MD man disappeared to El Salvador; NC court orders possible disenfranchisement of 60k voters from LAST YEAR'S election...
Sunday 'Don't Look Down' Toons
THIS WEEK: Ya Get What Ya Vote For ... Deportation Nation ... Spring's Hope Eternal ... And more, in our latest collection of the week's most liberating toons...
'Green News Report' 4/3/25
Amid mass layoffs, weather forecasters still at it; Trump cuts halt pollution, climate research; PLUS: Admin freezes funds to plug toxic, abandoned wells...
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...


Also: Several other indictments today and, yes, still more unprecedented Trump Administration corruption...
By Brad Friedman on 4/11/2019 6:14pm PT  

On today's BradCast: You get an indictment! You get an indictment! You get an indictment! Everyone gets an indictment!!! Well, not everyone. At least not everyone who deserves an indictment. But a bunch of folks got indicted today in a bunch of separate federal cases. [Audio link to full show is posted below.]

One time Democratic hero and former Stormy Daniels attorney Michael Avenatti was charged in a 36-count federal indictment in California for allegedly stealing from clients, not paying his taxes, and committing bank fraud. Former Obama White House Counsel Greg Craig was charged by prosecutors in D.C. for lying to federal agents regarding his lobbying work in Ukraine, a case that came out of the Robert Mueller Special Counsel probe (where Trump Campaign chair Paul Manafort was previously found guilty of very related charges).

And, of course, WikiLeaks founder Julian Assange was finally arrested in the U.K. after being kicked out of the Ecuadorean embassy in London (where he's claimed asylum for the past seven years) before being found guilty by a British judge of skipping out on bail while facing extradition for charges of sexual assault in Sweden back in 2012. The Swedish charges have since been dropped, but Assange now faces both prison time in Britain and an extradition request from the U.S. where prosecutors unsealed a one-count indictment [PDF] against him today, as filed under seal in March of 2018.

For now, that charge is an allegation of "conspiracy to commit computer intrusion". Federal prosecutors in the Eastern District of Virginia claim he attempted to help crack a password for a classified Defense Department computer system to assist then U.S. Army Pvt. Chelsea Manning in hacking documents. That, after Wikileaks had already released hundreds of such documents --- many containing evidence of serious U.S. crimes --- taken by Manning, back in 2010. Freedom of the press advocates, however, warn today that the charges being brought by Trump's Dept. of Justice against Assange could be expanded to include normal journalistic activities, which could threaten the Constitutional rights of many media outlets and journalists alike.

We detail today what we know --- and don't --- about the indictment; what we know --- and don't --- about what Assange and WikiLeaks have done (including the release of documents stolen from the DNC and Hillary Clinton campaign in 2016); and what all of this may --- or may not --- mean for U.S. press freedoms as the case moves forward.

Also today: Some good news regarding the death penalty in New Hampshire; Some quick updates on Trump Treasury Dept. Secretary Steven Mnuchin's refusal (so far) to turn over Trump's tax returns to Congress in violation of the law; Trump Attorney General William Barr's obnoxious, hypocritical, and (so far) evidence-free claim that the Obama Administration was "spying" on the Trump Campaign in 2016; And more disturbing details on the perfidy and corruption of David Bernhardt, the longtime oil and gas industry lobbyist who was shamefully confirmed today by the U.S. Senate as Trump's new Interior Department Secretary.

Finally, Desi Doyen brings us the latest Green News Report on Trump's newly signed Executive Orders authorizing himself to, among other things, authorize new oil and gas pipelines without approval from other federal agencies, and to remove states' rights to block energy infrastructure that threatens local water supplies; the second bomb cyclone in weeks to likely bring billions in damages to a number of Midwestern states; and several troubling new studies regarding the acceleration of climate change and glacial ice melt now outpacing previous scientific predictions...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Media analyst Eric Boehlert; Also: Bad news for WI progressives after last week's Supreme Court election...
By Brad Friedman on 4/10/2019 6:54pm PT  

On today's BradCast, finding light on a very dark news day, and making sense of Devin Nunes' bizarre new legal attack against a well-respected media outlet. [Audio link for today's show is posted below.]

You know the news is dark on a day when the brightest spot seems to be the first-ever photographic evidence of a black hole in a galaxy that is 53 million light-years from Earth, as constructed by an international consortium of scientists from 20 different countries employing an array of observatories around the world to construct a virtual "telescope" the size of the planet itself. The assembled image of the supermassive black hole is the first such glimpse of such an object in space (theorized by Einstein over a century ago, but directly proven today for the first time) containing the same mass as 6.5 billion suns and so dense that nothing, not even light, can escape its gravitational pull.

Sounds a lot like the Trump Administration. But we (mostly) avoid that today, even as we discuss one of its biggest supporters in Congress, California Rep. Devin Nunes, and his increasingly mysterious (and troubling) new legal gambit.

But, before we get there today, an update on last week's razor thin race for a key seat on Wisconsin's Supreme Court. With computer-reported results from last week's election showing progressive-aligned Judge Lisa Neubaeur fell less than half of a percentage point shy of defeating far-right Judge Brian Hagedorn for a seat on the state's high court being vacated by a retiring progressive-leaned Justice, Neubauer decided on Wednesday against seeking a recount which she would have had to pay for under state law. Her concession today --- despite unofficial and unconfirmed computer tallies showing a loss by just about 6,000 votes out of some 1.2 million cast statewide --- means that progressives will be unable to regain a majority on the court until 2023 at the earliest. The new 5 to 2 rightwing majority all but scotches hopes for rolling back former Republican Governor Scott Walker's anti-union measures and GOP voter suppression laws, and could handicap the state's Democrats during the inevitable redistricting fights following the 2020 census. (Have we mentioned lately that elections matter?!)

Also today, more on the incoming and "potentially historic" "bomb cyclone" developing over plains states and the upper Midwest, where blizzard warnings have now been issued in 6 states, snowfall as high as two feet is predicted in some areas, and the threat of more major flooding is plaguing several states still fighting to recover from billions of dollars in damage from the last "bomb cyclone" which erupted just weeks ago. This latest evidence of the increasingly dangerous threat of catastrophic climate change comes on the same day as Donald Trump signed two new Executive Orders intended to make it more difficult for environmental regulations at the state level to prevent the construction of new oil and gas pipelines (which serve to exacerbate man-made global warming.)

Then, we're joined by veteran media analyst and author ERIC BOEHLERT to discuss the latest bizarre lawsuit, which seems to challenge the First Amendment itself, as filed by Nunes this week.

Several weeks ago, the California Congressman and top Trump ally in Congress filed a $250 million lawsuit against Twitter, the owners of two anonymous parody accounts (@DevonCow and @DevonNunesMom), as well as Republican strategist and Nunes/Trump opponent Liz Mair for defamation. This week, the GOP Congressman filed suit against Mair again, along with the 162-year old McClatchy Company, a news consortium which publishes the Fresno Bee, the hometown paper in the Nunes' central California district. His latest complaint seeks $150 million in damages, charging defamation based on an article published by the Bee last year detailing the settlement of a lawsuit after a charity yacht cruise which reportedly included cocaine and underage prostitutes, according to court documents cited by the paper. The cruise was auctioned off by the philanthropic arm of the Alpha Omega Winery, in which Nunes is an investor.

But where his Twitter suit seemed absurd, this new suit --- like the first one, originally reported by Fox "News", of course --- suggests a darker and more nefarious effort to undermine Constitutionally-protected freedom of the press. Who is funding these efforts by Nunes and why? Might it have anything to do with Trump's repeated assertions that libel laws need to change to make it easier for public figures like himself to challenge reporting that celebrities like himself don't care for?

Boehlert offers insight on what may be going on here: "The Republican Party has decided that Google, Twitter and Facebook are the new targets. And they're using the exact same playbook that they used on the traditional media for four decades, which is you work the refs, you scream and yell over these fake phony allegations of 'liberal media bias'. And it works! Facebook has bent over backwards to make sure Republicans are happy. Twitter could have easily banned Donald Trump two years ago and saved this country an enormous amount of pain, because he obviously violates the rules all the time. So it works."

But there may be even more behind all of this, as we discuss, along with his concerns about ongoing corporate media failures in the wake of Trump AG William Barr's handling of the still-secret Mueller Report and other related matters as we head into the 2020 Presidential election cycle.

Finally, we close with some listener mail regarding our ongoing discussions of how Dems should move forward as they attempt to remove both Donald Trump from office next year and the nation itself from the black hole we continue to sink into under his increasingly dark reign...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Kansas conman Kobach's comeback?; GOP's 'Green Real Deal'...
By Brad Friedman on 4/9/2019 6:25pm PT  

On today's BradCast: It's not enough that Trump has fired just about everyone in his failed Administration (or they quit), and has failed to fill the vacancies left behind, and that he has personally violated an unprecedented number of laws both before and after taking office, or that he's purging most of his top officials who work on immigration. No, it's even more distributing than that. [Audio file for today's show is posted below.]

Last week, the President of the United States said, with cameras rolling, that we "have to get rid of judges" just days before, reportedly, instructing Customs and Border Patrol agents to ignore the rule of law and simply block immigrants from exercising their right to claim asylum at the southern border once on U.S. territory. That, of course, would be a violation of both U.S. law and international treaties.

According to CNN's Jake Tapper, Trump instructed agents at the border in Calexico, California on Friday to tell immigrants the U.S. is "full" and "at capacity" and "if judges give you trouble, say, 'Sorry, judge, I can't do it. We don't have the room.'" If true, that would be an unlawful instruction from the President of the United States ordering a law enforcement officer to violate law and then to do so again once a federal judge has ordered otherwise. Real Presidents (at least Democratic ones) would be --- or should be --- impeached for such things. But we have the Republican Donald Trump as our President.

In other related Trump immigration meltdown news today...

  • More on why Dept. of Homeland Security Secretary Kirstjen Nielsen was pushed out by White House hardliners (after she reportedly refused to violate the law as Trump was demanding and also pushed back against Trump's order to close ports of entry at the border entirely);
  • Poor, disgraced, former KS Sec. of State, failed gubernatorial candidate and GOP "voter fraud" fraudster Kris Kobach --- recently floated to take over some immigration duties for the Trump Administration --- may be blocked from a Senate-confirmed post because, as Kansas' GOP U.S. Senator Pat Roberts told reporters today, Kobach is so toxic that apparently even the GOP-majority Senate "can't confirm him". Luckily, Republicans who used to pretend to hate Presidential "czars" have a very short memory, so there may be another way into the Administration for Kobach, the currently jobless Kansas conman;
  • As to judges, another one in federal court on Monday night temporarily blocked yet another key Trump immigration policy, at least for now. The federal courts are unlikely to like Trump's new one any better, I suspect.

Also today --- actually, right at the top of the show --- some listener mail in follow-up to my conversation on yesterday's program with the ACLU's Phil Aroneanu regarding the group's newly-launched Rights For All campaign which seeks to get 2020 candidates on record regarding several "thorny" issues regarding civil liberties and Constitutional rights. A number of listeners had some thoughts on my questions for Aroneanu regarding the potential political dangers of backing Democratic candidates into politically difficult policy positions as they attempt to unseat arguably the worst President --- from a civil liberties and Constitutional rights perspective --- our nation has ever had. We share and discuss a few of those listener emails today.

And, finally, Desi Doyen joins us for our latest Green News Report, as the Midwest buckles up for another potential "bomb cyclone" and still more catastrophic flooding to follow it; Global warming has pushed the Arctic into an "unprecedented" new state; and the GOP, after ridiculing the Democrats' Green New Deal have introduced their own response to it called the 'Green Real Deal'. You may be surprised who the lead Congressional sponsor is, though less surprised as to what the plan actually calls for...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: ACLU's Phil Aroneanu; Also: Nielsen out at DHS, as Trump's far-right agency purge rolls out amid immigration crisis; Callers ring in...
By Brad Friedman on 4/8/2019 6:19pm PT  

On today's BradCast: Two tracks, plus callers, as the Right ascends at the White House and the ACLU's fight to restore civil and Constitutional rights finds its way into the 2020 President campaign. [Audio link to show is posted below.]

The hardliners are rising at the White House today, as Trump continues to purge top officials from several different key agencies, including the sprawling Dept. of Homeland Security (Sec. Kirstjen Nielsen was forced to resign on Sunday); Immigration and Customs Enforcement (Ron Vitiello, Trump's nominee to head the agency was suddenly withdrawn last week after already clearing a key Senate hurdle); U.S. Citizenship and Immigration Services (both its Director and General Counsel were purged today); the Secret Service (its Director Randolph "Tex" Alles is now said to be leaving); and the bloodbath is continuing at other agencies as well. All of that as the number of families seeking asylum at the southern border continues to increase despite --- or, perhaps, because of --- a number of failed Trump Administration policies.

Moreover, on Monday, the foreign policy hardliners at the White House are ascendant at well, as the Administration is announcing its designation of Iran's Islamic Revolutionary Guard Corps as a foreign terrorist organization. It's the first time the U.S. has designated a foreign government entity in such a way, and the move is reportedly opposed by top Pentagon and CIA officials who fear blow-back to American troops and intelligence operatives abroad. Indeed, Iran has already responded by calling for U.S. Central Command, which oversees operations in the Middle East, to be designated as a terrorist organization in response.

Amidst this latest disturbing lurch to the hard-right by the Trump Administration, some of us continue to look forward to 2020 when voters can, hopefully, do something about it. To that end, for the first time in its storied history, the American Civil Liberties Union (ACLU) is jumping into electoral politics in a major way this year, recently announcing they are spending $30 million to help get 2020 candidates on the record when it comes to a number of important issues for civil libertarians, including some that are quite thorny politically.

For example, the group's new national RightsForAll.us campaign seeks to force candidate to answer as to whether or not they support decreasing the bloated U.S. prison population by 50 percent (and, if so, how); allowing the incarcerated to vote (currently, only Maine and Vermont do so); and whether they would supporting overturning the Hyde Amendment (which bars the use of federal funds for abortion, other than in cases of rape, incest or protection of the life of the mother).

We're joined today by the ACLU's Digital Organizing Strategy Director PHIL ARONEANU to discuss the initiative, including whether some of the "thorniest" questions for candidates (as available at the campaign's website) on Voting Rights, Criminal Justice Reform, Immigrants' Rights and Reproductive Freedom might, in fact, become a liability for those candidates if they answer them one way or another. That, in an age when one of the greatest threats to civil liberties and Constitutional rights clearly continues to be the man in the White House, who Democratic candidates will have to defeat to see any possibility of the restoration of such rights.

So, how does the ACLU, a non-partisan organization, respond to some of those questions and concerns? Tune in for my conversation with Aroneanu today to find out.

Then, we open up the phone lines today for listener thoughts on all of the above. You'll not be shocked to learn, they have many...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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The truth behind the President's latest lies on North Korea, Mueller, the border, the military, healthcare and wind power; NC GOP Chair indicted...
By Brad Friedman on 4/4/2019 6:09pm PT  

Among the many truthful stories covered on today's jam-packed BradCast filled with Trump lies and much more...[Audio link to show is posted below]...

  • How Trump is undermining military readiness and hurricane recovery for Marines and their families with lies about a "national emergency" at the southern border and how the Marine Corps' top General is pushing back;
  • How Trump lied about a new health care plan to replace Obamacare and how Congressional Republicans have forced him to back down;
  • How Trump lied about closing the border with Mexico this week and how economic reality forced him to back down;
  • Then, two North Carolina special elections for the U.S. House are coming up --- the first, in NC-03, to replace the late Republican Rep. Walter Jones (who voted against Trump more than for him), the second, in NC-09, a do-over election from the November 2018 contest which was never certified, thanks to a GOP absentee ballot fraud scheme paid for by the GOP candidate. But before we can get to either of those races, the federal indictment of North Carolina Republican Party Chairman Robin Hayes, a longtime state power-broker and former GOP Congressman, was unsealed this week. The criminal charges against Hayes include counts of fraud, bribery, campaign finance violations and lying to the FBI. And another Republican Congressman from the state and member of House GOP leadership, Rep. Mark Walker (NC-06), is also finding himself entangles in the criminal scandal and named in the indictment as "Public Official A";
  • All of that today is before Desi Doyen joins us for the latest Green News Report, with yet another deadly chemical fire in Houston, yet another court loss for ExxonMobil, yet another way that Trump is making both climate change and immigration even worse, and yet another mendacious Trump lie about wind energy that even a top Republican is calling him out over...Oh, and Burger King's "Impossible" dream...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Former WI Supreme Court candidate Tim Burns; Also: Courts block Trump 'Obamacare' attacks; WI's Supreme Court election is a big deal...
By Brad Friedman on 3/29/2019 6:36pm PT  

On today's BradCast, some facts --- real ones, not Mitch McConnell's --- about our nation's healthy history of changing the number of seats on the U.S. Supreme Court, which we have done seven different times over the past 238 years since our founding. [Audio link to full show is posted below.]

But, first up quickly today, Donald Trump has taken yet another hit from the courts on his attempt to undermine the Affordable Care Act and the U.S. healthcare system. It's the second such court loss he's faced over the past week, with the first court nixing his attempt to allow work requirements under Medicaid in Kentucky and Arkansas, and the second on Thursday night finding his allowance of cheap health insurance policies that don't meet the standards of the Affordable Care Act ("Obamacare") to be unlawful. That second ruling comes courtesy of a well-respected George W. Bush-appointed federal judge who is rarely reversed by appellate courts.

Next, a preview of a very important election on Tuesday in Wisconsin for its state Supreme Court. Its the first of two elections to the high court in the Badger State (one on Tuesday and the other next year on the same day as the Democratic Presidential primary election in WI) that could result in a progressive-leaning majority, at long last, being restored to WI's high court. Control of that court is wildly important for both the state and the nation on a number of fronts, which we discuss today, including voting rights before the 2020 election, redistricting for the next decade after the 2020 Census, and the rollback of a host of anti-union and other hard-right policies enacted during the gerrymandered Scott Walker years.

Tuesday's match-up is between progressive-backed Judge Lisa Neubauer and Koch Industries/Chamber of Commerce-backed Judge Brian Hagedorn, a protege of former Republican Gov. Scott Walker. Hagedorn has called Planned Parenthood a "wicked organization" devoted to "killing babies", described the NAACP as "a disgrace to America", and argued "The idea that homosexual behavior is different than bestiality as a constitutional matter is unjustifiable."

But while voters in WI directly select their Supreme Court at the ballot box (which I am no fan of), the U.S. Supreme Court is a different matter. After Senate Republicans stole what should have been a Democratic majority on the court in 2016 by refusing to even hold a vote on Judge Merrick Garland, Barack Obama's nominee to replace the late Justice Antonin Scalia, GOP Senate Leader Mitch McConnell held the seat vacant for a year before unilaterally changing Senate rules to do away with the filibuster to allow Neil Gorsuch to be seated on the high court. Later, under those same changed rules, the far-rightwing, accused sexual-predator Brett Kavanaugh was similarly added to the Court, likely cementing a generation of GOP-control.

In response, many progressives --- even Presidential candidates --- are now calling for the expansion of SCOTUS if Democrats can regain control of the U.S. House, Senate and White House next year, in order to restore a liberal-leaning majority that arguably should have been theirs in 2016. Naturally, McConnell is already decrying the idea, describing it on Thursday, ironically enough, as "an unprincipled power grab...that would threaten the rule of law and our American Judicial system." He cites the attempted court packing by Franklin D. Roosevelt in the 1930s to support his notion that changing the size of the Court is "a thoroughly discredited idea".

We're joined today by Wisconsin attorney and former state Supreme Court nominee TIM BURNS for both thoughts on Tuesday's crucial election in the state ("The stakes are huge," he explains) and the little-known history of "court packing" in the U.S. More specifically, Burns, who wrote about the issue recently at The New Republic, discusses the seven different times since the founding of our republic when the number of seats on the U.S. Supreme Court has been changed by Congress, including under one of our founders Thomas Jefferson and even under Republican Party icon Abraham Lincoln.

Burns, who serves on the board of the progressive Wisconsin Justice Initiative and the national board of the American Constitution Society, argues that contrary to misleading claims by McConnell and fellow Republicans, changes made to the size of SCOTUS by the Legislative and Executive Branches, as called for by the U.S. Constitution, have been healthy for the nation, often coming "hand in hand with some of the most vibrant periods of our democracy," and in response to the out-sized growth of corporate power.

"There have always been these predictions of the utter ruin of our democracy if the size of the Court is changed," Burns tells me. "The truth is, the Court's been viewed favorably even after its size has changed." And while he says that it's "entirely possible" that Republicans could then do the same thing once they regain power, "that doesn't spell the doom of our democracy. It says that our democracy is working. The political power rests with the voter instead of nine lawyers, judges on a Supreme Court."

Perhaps that's why Senate GOPers this week have introduced a measure calling for a Constitutional Amendment to keep the number of seats on the Court at nine. Good luck with that, boys.

Most interesting, however, may be Burns' fascinating recounting of what happened when FDR attempted unsuccessfully to expand the Court in what McConnell falsely described as an historic event that resulted in the idea of "Court Packing" becoming "synonymous in American history with the idea of an unprincipled power grab". What actually happened in the 1930s, and why the Court was ultimately not expanded under FDR is a fascinating bit of lost history and quite different from the way it has been described in lore. The truth places new calls to expand the Court today, during this period of unprecedented partisanship and class-divide under a hard-Right SCOTUS, into a very different light and perspective as this debate kicks off both in the nation and among Democrats vying for the 2020 Presidential nomination....

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Also: NYTimes finally discovers they were scammed on 'Mueller Report'...
By Brad Friedman on 3/28/2019 6:42pm PT  

It may not be our most hilarious show of all time, but I think it's a very important one and includes more than a few righteous rants. [Audio link to full show is at end of article.]...

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

  • The New York Times finally figures out, almost a week later, that they may have been duped by Trump Attorney General William Barr's 4-page summary of Special Counsel Robert Mueller's long-awaited report, as the incurious "paper of record" confirms the full report from Mueller runs at least 300 pages. Nonetheless, Trump and his cult-member Republicans in Congress are running with the Times' original false and/or misleading assertions published the day after Barr's deceptive summary was released on Sunday. For example, the Times' top-of-page, ALL-CAPS screaming headline "MUELLER FINDS NO TRUMP-RUSSIA CONSPIRACY" and "A Cloud Over Trump's Presidency is Lifted".

    Of course, we still have no idea how many pages are in Mueller's confidential report delivered to Trump appointee Barr last Friday, or what it actually says about the two-year probe into alleged Russian interference in the 2016 election, the Trump Campaign's potential cooperation with them, or Trump's apparent attempts to obstruct the probe. But the summary compiled in less than 48 hours by Barr and then inaccurately reported by many to have somehow "exonerated" Trump, after being written by a man appointed to the job specifically because of his expressed opposition to the Special Counsel, should have been viewed much more skeptically by the Times and many others in the corporate media --- as we've been pointing out since Monday.
  • Among the fall-out from the Times' (and others') terrible and irresponsible coverage on all of this, GOP members of the House Intelligence Committee on Thursday demanded Rep. Adam Schiff (D-CA) step down as Chair and Trump is demanding his resignation from Congress. Schiff, however, is (appropriately) having none of it;
  • Speaking of not-particularly-funny behavior from Congressional Republicans, Majority Leader Mitch McConnell (R-KY) held a sham stunt vote earlier this week on the Green New Deal resolution [PDF] proposed by Sen. Ed Markey (D-MA) in the Senate and Rep. Alexandria Ocasio-Cortez (D-NY) in the House. Their landmark resolution calls for a wartime-like effort to move the U.S. economy from fossil fuels to zero-carbon energy over a decade, while creating millions of jobs in the clean energy sector and supporting those in legacy industries like coal mining to ensure new jobs and protection of their pensions from bankrupt, predator coal companies. During "debate" for McConnell's mock GND vote --- on an issue which would greatly help many coal mining constituents in Kentucky and Utah alike --- Sen. Mike Lee (R-UT) offered an embarrassingly unfunny speech that mocked the resolution, dismissed climate change as a concern, argued the Green New Deal is somehow "part of the problem" and that the real solution to deadly and ever-more costly global warming was "churches" and "babies";
  • Sen. Sheldon Whitehouse (D-RI) was not amused, as his own small coastal state directly faces a very serious threat posed from global-warming fueled rising sea levels which threaten to turn Rhode Island "into an archipelago" in coming years. "As a small state, we don't have a lot to give back to the ocean," Whitehouse rails on the Senate floor. "This is deadly serious for us."
  • But, if you think Whitehouse sounded angry, wait until you hear Ocasio-Cortez' response to the belittling of climate change concerns from Republicans in the House during an epic rant in the U.S. House Financial Services Committee, after Rep Sean Duffy (R-WI) mocked the GND as "an elitist fantasy";
  • Underscoring how NOT funny all of this is, a recent, heart-breaking special report from AP detailed how Trump, McConnell and the coal industry have conspired to allow a small tax on coal to expire, which, since the 1970s, has helped to cover the extraordinary healthcare expenses of miners suffering from deadly Black Lung Disease, as well as support for their widows. A new Black Lung epidemic has been striking younger and younger coal miners in recent years, and Republicans, including Trump, allowed the tax that funds the Black Lung Disability Trust Fund to expire during the Government shutdown at the beginning of the year.

    That, despite promises from McConnell (who represents the coal state of Kentucky) and from Trump (who has used miners endlessly as props during political rallies, while claiming to "love" them) to ensure the crucial Trust Fund doesn't go broke. Instead, both men have broken their promise and appear to be siding instead with the coal industry owners who have donated millions to them, and do not wish to see the life-saving and now-lapsed tax renewed. All of this, of course, on the same week that Trump reversed positions to support killing the Affordable Care Act entirely, while claiming "Republicans will soon be known as the party of health care";
  • Finally, Desi Doyen joins us for our latest Green News Report, which touches on a number of those maddening topics and more...

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Guest: Suzanne Almeida of Common Cause; Also: Lack of campaign finance charges against Don Jr., Manafort threaten 2020 elections...
By Brad Friedman on 3/27/2019 6:02pm PT  

On today's BradCast: Something seemingly very interesting may have occurred at Tuesday's oral arguments on two separate, if related, partisan redistricting cases at the U.S. Supreme Court. The results, believe it or not, could change the outcome from what many voting rights advocates had previously predicted following the resignation of Justice Anthony Kennedy and the subsequent seating of his far-right replacement Justice Brett Kavanaugh. [Audio link to complete show is posted at end of article.]

The scourge of state legislative and Congressional maps drawn for partisan advantage by the party in power after a decennial Census has crippled democracy and the voting power of citizens for decades in the U.S. But the GOP dramatically upped the stakes following the 2010 Census when they employed highly sophisticated computer mapping techniques to ensure themselves huge electoral advantages over the ensuing ten years by drawing extremely partisan maps that "packed" Democrats into a small number of districts or "cracked" them among several in order to dilute the voting power of non-Republicans.

It's a practice that Democrats have carried out as well, if not to the same extreme as Republicans who took over many statehouses in the 2010 "red wave" election. A new analysis from AP finds that 2018's "blue tsunami" election, for example, would have been much larger for Congressional Democrats, were it not for many extremely partisan GOP-drawn maps in a number of key states, including North Carolina, Ohio, Indiana, Wisconsin, Alabama and Texas. The AP study finds "Republicans won about 16 more U.S. House seats" than they would have under fair maps. Similarly, "Republicans' structural advantage might have helped them hold on to as many as seven [state legislative] chambers that otherwise could have flipped to Democrats."

While the U.S. Supreme Court has long found gerrymanders on a racial basis to be unconstitutional, they've yet to affirm the many lower court rulings finding partisan gerrymanders to be similarly unconstitutional. Last term, when many believed SCOTUS was prepared to do so, the Court punted instead on several cases of extreme partisan maps in Wisconsin, North Carolina and elsewhere, before Justice Kennedy --- thought to have been the likely swing-vote in favor of ending the odious practice --- announced his retirement.

On Tuesday, one of those cases, Common Cause v. Rucho --- where a federal appeals court determined (twice!) that North Carolina's Congressional maps were unlawfully skewed for Republicans (they've held a 10 to 3 advantage in their Congressional delegation for the past decade, despite the state being almost evenly divided between Republican and Democratic voters) --- was heard again at SCOTUS. Another case, Benesik v. Lamone, in which a single Congressional district in Maryland was drawn by Democrats specifically to remove an incumbent Republican, was heard as well.

And while many voting rights advocates have not had high hopes for either case, given the even farther-right leaning majority on the court following Kennedy's retirement, there were some surprises during oral argument, particularly from Justice Kavanaugh whose decision in one or both of the cases could change history by delivering a major win for voting rights.

We're joined today to discuss these potentially encouraging developments with SUZANNE ALMEIDA, Redistricting and Representation Counsel for Common Cause, the lead plaintiff in the NC case. She was in the Court on Tuesday for both hearings and explains what seems to have happened, offers insight on what could now occur, decries why these cases are so important, and what may happen when SCOTUS finally delivers it's crucial opinion in June in advance of both the crucial 2020 elections and the subsequent redistricting of all 50 states that will follow the 2020 Census.

"The North Carolina case is a particularly egregious case, for a couple of reasons," Almeida tells me. "One is that we have an admission. On the floor of the General Assembly, Representative Lewis leaned into a microphone and said, 'This is a partisan gerrymander. I wanted to this map to be 10-3 because it couldn't be 11-2.' That's not the way that map-drawing should work, and that's not the way representation should work in America." She also discusses, for example, how one district line drawn by the GOP in North Carolina actually splits an historically African-American college in two, so that its voters are diluted into two separate Republican-leaning districts.

As to the matter concerning Kavanaugh, who was reportedly disturbed by his own district in Maryland, where he lives, being gerrymandered by Democrats to prevent Republican representation, Almeida confirms that he seemed to want to find a standard that could be used by courts to determine if districts were unlawfully gerrymandered on a partisan basis. She says she shares "the characterization that Justice Kavanaugh has a personal interest in the Maryland case ... And he was pushing back quite strongly against the advocate for the state."

Almeida also pushed back at the notion from Justices on the right that Courts should simply stay out of these matters, and leave them to voters and the legislators who drew the maps to keep themselves in power in the first place, she tells me: "This idea that the Court has that somehow this is self-correcting, or will fix itself through the magic of the political process, just doesn't work. And that's because gerrymandering is about power, and people in power staying in power. And when the people in power have that power to make the rules and draw the lines, that's what they're going to keep doing."

She adds that comments from Kavanaugh and even Chief Justice Roberts during the proceedings on Tuesday are "reason to be optimistic". But I'll wait until the opinions come out in June before popping any champagne bottles on what could be, according to Mark Joseph Stern at Slate the "most important voting rights victory of the century so far."

Also on today's program: Speaking of 2020, some curious questions about why nobody from Team Trump --- particularly Donald Trump Jr. or campaign chair Paul Manafort --- has yet been charged with campaign finance violations regarding "soliciting" and/or "accepting" a "thing of value" from a foreign government, as clearly occurred in relation to the now-infamous June 2016 Trump Tower meeting with a number of Russian nationals. Election law expert Rick Hasen argues that the lack of indictments brought by Special Counsel Robert Mueller in this matter does not bode well for the Dept. of Justice's plans to enforce election laws that bar "foreign governments from sharing information --- even information obtained from illegal hacking --- with campaigns, for the purposes of influencing the 2020 election...and beyond"...

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Guest: Heather Digby Parton; Also: Trump border 'emergency' survives override vote; DoJ moves to kill ACA; Senate holds 'sham' vote on GND...
By Brad Friedman on 3/26/2019 6:18pm PT  

On today's BradCast: The coverage by the corporate media --- and response by many Democrats --- to Attorney General William Barr's terse, misleading 4-page summary of Special Counsel Robert Mueller's report after two years has, by and large, been atrocious in innumerable ways. [Audio link to show follows below.]

We're joined today by HEATHER DIGBY PARTON, who has been covering the corrupt Trump Presidency for years now, including its various Russia-related storylines and other criminal probes at Salon and Digby's Hullabaloo. Among our several related topics of discussion today: Shameful failures by the media and others to demand independently verifiable evidence of speculative allegations both before the confidential Mueller Report was finally delivered to Barr and the subsequent failure by many of the same organizations and individuals in their credulous reporting of Barr's bare-bones, "very, very clever political document" summarizing the sprawling, two-year probe.

Rather than learning from mistakes, many in the media seem to be repeating them all over again in the wake of Barr's memo, which some justifiably regard as a "whitewash" or "cover-up" by a man who was selected by Trump, in no small part, for his previously stated opposition to the probe and to the very notion that any President can legally be charged with Obstruction of Justice. There's much more related conversation here today --- including on the substance of Barr's letter, Deputy AG Rod Rosenstein's curious complicity, and the GOP's premature victory laps --- but you'll have to tune in to listen.

Also on today's program: Though Democrats led a decisive 248 to 181 vote today (with 14 Republicans) in hopes of overriding Trump's veto of the resolution blocking his phony "national emergency" declaration, the effort fell 38 votes shy of the two-thirds majority needed. In the Senate, where 12 Republicans previously voted with Democrats, 59 to 41, to block the President previously, no override vote will now be held since a two-thirds majority vote is required in both chambers. AP described Trump's overwhelming loss in both chambers as a "victory" for the President today, and it will now be left to challenges in court to block Trump's order diverting billions appropriated by Congress to the military to instead build his border wall. Mexico is still not paying for it.

Then, in a major reversal of their previous legal position, Trump's Dept. of Justice filed documents in an appeals court Monday to support striking down the entire Affordable Care Act ("Obamacare") as unconstitutional. While Jeff Sessions served as Attorney General, DoJ had "only" supported gutting provisions that limited premium prices insurers could charge for the elderly and those with pre-existing conditions. Under Barr, however, the Administration now seeks to kill the entire landmark healthcare law. If successful, as many as 30 million Americans would lose their access to affordable healthcare coverage;

Finally, Desi Doyen joins us for our latest very busy Green News Report, as fossil fuel-related climate related disasters continue in the U.S. and around the world, while the Trump Administration plows billions of tax-payer dollars into troubled nuclear plants and the Senate GOP carries out a "sham" vote on the Green New Deal, in hopes of mocking the initiative...

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Also: 'Potentially historic' U.S. flooding; New Zealand bans 'weapons of war'; Trump sparks new arms race with Russia...
By Brad Friedman on 3/21/2019 6:44pm PT  

All of the news you need to know today, and nothing you don't. Among the many important stories covered on today's BradCast [Audio link to complete show is posted below]...

  • New Zealand bans military-style assault weapons less than one week after a white supremacist terrorist massacred 50 worshiping Muslims at two mosques in Christchurch. That was easy. Must be nice to not be enthralled to decades of NRA propaganda and the tens of millions of dollars they are allowed to use to bribe politicians in the U.S., where even a Congressional vote on background checks has been verboten by Republicans;
  • Record flooding continues to swamp the upper Midwest, as the National Weather Service warns the catastrophic floods will be moving south and inundating states as water makes it way toward the Mississippi Delta where some areas have already been fighting with rising waters since last month;
  • All of that before we even get to the spring rainy season, about which the National Oceanic and Atmospheric Administration (NOAA) warned on Thursday could bring widespread "unprecedented flooding" to most of the nation amid climate change-accelerated storms;
  • But there is much better news out of a court in Wisconsin where a state judge today blocked the GOP-controlled state legislature's unprecedented lame duck power-grab passed during an "extraordinary session" called last December to take power from the incoming Democratic Governor and Attorney General following the defeat of Republican Gov. Scott Walker by state voters in November. The judge ruled the session itself, called by just eight Republicans in the state House and Senate, unconstituionally declared and therefore, the three sweeping power-grab bills and last-minute confirmation of 82 Walker appointees before Democratic Gov. Tony Evers and Attorney General Josh Kaul could take over, are all now struck down. The victory for state voters and democracy lovers also means the Badger State may now withdraw from a multi-state lawsuit joined by the previous GOP administration challenging the Constitutionality of the Affordable Care Act ("ObamaCare"). GOPers in the state legislature have promised to appeal the ruling;
  • The Commandant of the U.S. Marine Corps issued blistering memos this week warning that Donald Trump's deployment of troops to the U.S.-Mexico border and his "emergency" declaration has undermined troop readiness, national security and placed the well-being of the Corps at an "unacceptable risk". Gen. Robert Neller charges, according to the documents obtained and published today by the L.A. Times, that "unplanned/unbudgeted" deployment to the border last year and the shift of funding to border security efforts has resulted in cancellation of military exercises across the globe and has compromised "combat readiness and solvency". The unusually strong comments, according to military experts, critically cite the delay of urgent repairs needed at bases damaged by hurricanes last year in North Carolina and Georgia, with the new hurricane season just months away for "Marines, Sailors, and civilians working in compromised structures". All of that as Trump touted his support for the military on Wednesday night at a plant in Lima, Ohio which manufacturers tanks that the Pentagon has said they neither need nor want;
  • All of this also follows on Trump's announcement last month that he is pulling the U.S. out of the 30-year old Intermediate-Range Nuclear Forces (INF) Treaty struck between Reagan and Gorbachev in 1987, leading to the destruction of thousands of nuclear-tipped missiles on both sides after the landmark Cold War era pact was signed. Russia has said they will now follow Trump's lead in abandoning the treaty and, according to Pentagon officials, the U.S. is now preparing flight tests this summer for two types of non-INF compliant missiles that would have been long-banned under the treaty. Let the arms race begin again!;
  • Finally, Desi Doyen joins us for the latest Green News Report on the staggering cost to date of the deadly flooding in the upper Midwest, the toxic chemical inferno this week in Houston, Trump's new EPA chief blowing off concerns of global warming, 2020 Dems demanding action on same, and a very encouraging ruling on oil and gas drilling in Wyoming from a federal judge who has ordered that the government reconsider its environmental assessment of drilling on public lands to account for the cumulative threat of fossil fueled climate change due to man-made greenhouse gas emissions...

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Guest: Dr. Micah Kubic of ACLU Florida; Also: Beto on voter suppression; Abrams says she 'won' in GA; U.S. judge blocks oil, gas drilling in WY...
By Brad Friedman on 3/20/2019 6:33pm PT  

On today's BradCast, the fight to vote, particularly in Florida, never seems to end --- even after a huge bi-partisan majority of voters in the state voted to change their Constitution last November to re-enfranchise more than a million of their fellow citizens. [Audio link to show is posted below.]

Following decades of post-Civil War Reconstruction/Jim Crow-era lifetime prohibitions on former felons voting in the Sunshine State, voters last fall overwhelmingly adopted Amendment 4 to their state Constitution. The statewide ballot referendum, adopted with nearly 65 percent of the vote, restores full voting rights to former felons who have completed their sentence, including probation and parole. The only exception to the long-overdue landmark measure is for those convicted of murder or felony sexual offenses.

Moreover, the measure --- placed on the ballot after 800,000 signatures were collected across the state by the non-partisan Florida Rights Restoration Coalition, as part of a years-long effort --- was to be self-executing. In other words, as of January 1, 2019, the amendment went into effect, without any supporting legislation necessary. That means as many as 1.5 million former felons, at long last, have begun registering to vote to take part in their own representative democracy, finally ending the state's shameful, decades-long prohibition. This week, however, after introducing a bill on Friday, Republicans in the state legislature have begun speeding a new measure through the GOP-controlled state House of Representatives to add new restrictions on the Constitutional Amendment, limiting which former felons it would apply to and, as critics charge, adding what amounts to an unconstitutional "poll tax" that many former felons would have to pay before being allowed back on the rolls.

The ACLU of Florida derides the new legislation, which was approved in a House sub-committee along party lines on Tuesday, as "an affront to Florida voters", raising "serious constitutional concerns" which "thwart the will of the people and extend far beyond what any reasonable person would conclude the voters intended when they passed Amendment 4".

We're joined today by DR. MICAH W. KUBIC, Executive Director of ACLU Florida, to explain how state Republicans are attempting "to create new barriers and burdens" to the "crystal clear" language of the referendum, which, he notes, the Supreme Court of the State of Florida already approved before it was placed onto the ballot last year. Lawmakers "are changing the process completely, and changing it in a way that had never been used in the state of Florida before," Kubic tells me. "They're rewriting the amendment, they're rewriting the process that has been used throughout Florida, and they're creating a special set of conditions that only apply to ex-offenders that don't apply to anyone else."

"What is important here is to remember the experiences of the 1.4 million people who have been disenfranchised for decades, for generations, in Florida. Who have been told that they are not part of our community, essentially. Because remember, that's what the right to vote is really about --- going in to the ballot box and voting for a Democrat or a Republican or a Libertarian or anyone," Kubic argues. "The right to vote is really a marker of citizenship. It's a marker of who counts and who doesn't, who matters, who doesn't, who is part of the community and who is not."

We discuss with Kubic the way GOP lawmakers are attempting to expand the definition of "sexual offenses", and adding new requirements --- above and beyond fines imposed by judges during sentencing --- that many ex-offenders will simply be unable to pay. Given the national importance of Florida in next year's crucial Presidential election, it may come as little surprise, sadly, that GOP lawmakers are now hoping to undermine even their own voters' approval of last year's landmark ballot measure.

Also on today's program, speaking of next year's elections, a bit of 2020 Democratic primary news. Beto O'Rourke rails against discriminatory Photo ID voting restrictions and other types of voter suppression during a New Hampshire campaign swing. And we discuss the veracity of possible 2020 Presidential candidate and Georgia's former Democratic gubernatorial nominee Stacey Abrams' recently reported assertion that she "did win" her election last November after all, against former vote-suppressing Sec. of State turned Governor Brian Kemp, but "just didn't get to have the job."

Given the widespread voter suppression under Kemp's supervision last year, some 125,000 votes said to be missing entirely (and in disproportionately black neighborhoods) from the Lieutenant Governor's race, and that the state still forces voters to use easily-manipulated, oft-failed 100% unverifiable touchscreen voting systems at the polling place, Abrams' assertion is far more supportable than some elections experts seem to fully appreciate.

Of course, the ongoing controversy --- and Kemp's questionable legitimacy as the state's new Governor --- underscores our many years of warnings about the use of voting systems that do not allow candidates or the public to ever know who actually won or lost any given election. It's also another teachable moment regarding the alarming fact that even more jurisdictions around the nation --- from California to Texas to Georgia to Pennsylvania, Ohio, New Jersey, Kansas, Delaware and beyond --- are now, astonishingly enough, moving to adopt similarly unverifiable computer touchscreen voting systems in advance of the 2020 election!

Finally, we end with what appears to be a bit of very good news, as a federal judge issued a ruling Tuesday night that blocks for now, oil and gas drilling on almost 500 square miles of public lands in Wyoming, after finding the U.S. government unlawfully failed to consider the cumulative effect of climate change causing greenhouse gas emissions in their environmental impact studies when approving oil, gas and coal projects on federal lands. One of the plaintiffs in the case hailed the judge's finding, which may affect other fossil fuel leases on federal lands far beyond Wyoming, as "the Holy Grail ruling we've been after"...

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Guest: Slate's Mark Joseph Stern; Also: Record flooding in Midwest; Beto, Bernie and Buttigieg; The definitive truth about Daylight Saving Time...
By Brad Friedman on 3/18/2019 6:59pm PT  

We're happy to have the long-overdue return of great legal journalist MARK JOSEPH STERN of Slate on today's BradCast! As usual, we cover a whole bunch of important topics at lightning speed [Audio link to today's show is posted at end of article.]

But first, some quick news headlines on the record flooding of the Missouri River now wreaking havoc, evacuations and several deaths in parts of Nebraska, Iowa and Missouri. Damage has also affected a number of military bases, despite Donald Trump's recent plans to form a "Blue Ribbon Commission" of climate science deniers to rebut military assessments about the serious dangers of climate change posed to national security and military facilities.

Also, some interesting background info today on 2020 Democratic Presidential primary candidate Pete Buttigieg, Mayor of South Bend, Indiana as well as his position on climate change and the Green New Deal. And, some news today that recently-declared 2020 Presidential hopeful Beto O'Rourke raised a jaw-dropping $6.1 million in the first 24 hours after entering the race last week, exceeding Bernie Sanders' previous record haul of $5.9 million a few weeks earlier. Both candidates blew away all other current Democratic contenders so far with those numbers --- for what it's worth.

Then, we're joined by Stern to catch up on a boatload noteworthy legal issues moving through the federal and state court systems. Among them...

The 5th U.S. Circuit Court of Appeals, late last week, upheld lower court rulings ordering a State Senate district in Mississippi found to have been a racial gerrymander to be redrawn before the state's off-year 2019 elections. That, as the U.S. Supreme Court today heard a confusing oral argument regarding 11 racially gerrymandering districts in Virginia, where lower courts have already ordered new maps to be drawn in advance of 2019 state legislative elections likely to determine whether Democrats regain majorities in either or both chambers of the state legislature.

And all of that comes in advance of a SCOTUS hearing next week regarding partisan gerrymanders in several others states before the 2020 elections, when control of both Congress and many state legislatures will be up for grabs before the redistricting that will follow the 2020 Census to help determine balances of power in all 50 states and Congress for the next decade.

Stern describes all of this as the nation finding itself in the middle of an all-out "gerrymandering brawl...a kind of legal convulsion over how much our lawmakers can draw partisan district lines to swing elections in their favor." He cautions that racial gerrymanders --- long ago found to be unconstitutional --- may not be found as such anymore in the GOP's new, stolen Court. And that the question of partisan gerrymandering, which Justice Anthony Kennedy could have ended before retiring, is now a complete unknown. "The whole thing is upside-down, inside-out," he tells me, warning to "be afraid. Be very afraid" of Justice Clarence Thomas' varying and bizarre "back and forth" positions on these matters.

Stern offers slightly better news for us regarding the last-ditch appeal of a previously blocked law created by disgraced GOP "voter fraud" fraudster Kris Kobach, the former Sec. of State of Kansas and failed 2018 Republican Gubernatorial candidate. That law, repeatedly found by lower courts to be unconstitutional, had blocked tens of thousands of legal Kansas voters from being able to register to vote without presenting proof of citizenship first. All, as the trial court judge found in 2016, to prevent what amounted to 11 votes by non-citizens cast between 1999 and 2013 out of tens of millions of votes cast by the state's 1.76 million registered voters.

Meanwhile, in Connecticut late last week, the state's Supreme Court made what Stern describes as a "stunning" ruling in a suit brought by parents of children killed in the 2012 gun massacre at Sandy Hook Elementary School. The case is filed against gun manufacturer Remington, makers of the Bushmaster AR-15 style weapon used to gun down 20 school kids and 6 adults. The court held, as Stern explains, that plaintiffs may move forward with their suit against the company, despite a unique federal law that otherwise grants completely immunity to gun manufacturers for the use of their deadly products. The suit is being brought under a state statute which, plaintiffs argue, allows them to sue Remington for irresponsibly dangerous advertising of the Bushmaster rifle. The state high court's ruling will now allow the case to continue and for plaintiffs' important discovery access to internal communications by the manufacturer, the gun industry and its advertising firms.

We also discuss a recent disturbing ruling from the 6th U.S. Circuit Court of Appeals on an Ohio state GOP law that blocks all funding to Planned Parenthood. Stern describes the ruling as a foreboding omen for what he sees as the likely full dismantling of Roe v. Wade at SCOTUS, already under way, he charges, by "a thousand cuts" at the lower court level in several states where Trump appointees are quickly filling vacancies on federal benches.

And, finally, the most important issue of all today (obviously): "The evils of Standard Time", the awesomeness of Daylight Saving Time, and those who are completely wrong in hating it, as well as the many, as Stern recently reported, who do not seem to even have an understanding of what it is! (Versus Standard Time that actually ruins everybody's lives for months on end by keeping us all in dangerous and debilitating darkness all winter long!)...

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Also: Beto jumps in to 2020; Still more evidence that WI's Photo ID voting restrictions were meant only to prevent Democrats from voting...
By Brad Friedman on 3/14/2019 6:39pm PT  

They were just baby steps. Though perhaps notable ones. Time will tell. But Thursday may prove to be a landmark in a potential and greatly-overdue claw back of Congressional powers ceded long ago --- long before Trump --- to the Executive branch. Whether the actions taken by Congress (including no small number of Republicans) on three separate issues today signal a sea change in the way Congress regards its own Constitutionally co-equal mandates and powers remains to be seen. But their rebukes of President Trump were surprisingly clear. Three different Congressional votes on three different matters covered on today's BradCast underscore this issue. [Audio link to show follows below.]

1) On Wednesday night, the GOP-controlled Senate voted once again in support of a resolution to end financial and military support to the U.S.-enabled, Saudi-led war on Yemen that has resulted in an unparalleled humanitarian crisis. The effort amounts to the first Congressional rebuke of a President under the War Powers Resolution since its adoption in 1973. But the invocation of a resolution under the legislation which cedes Congress' sole Constitutional power to declare war may not be enough to prevent the Trump Administration's promised veto and continued support of war-making with the murderous Saudi regime and its Crown Prince Mohammad bin Salman.

2) On Thursday morning, the Democratic led U.S. House voted unanimously(!), 420 to 0, on a resolution to demand the public release of the final report by Special Counsel Robert Mueller, whenever that may happen, after it's delivered to Attorney General William Barr. The statute guiding the duties of the Special Counsel was adopted by Congress in 1999, but mandates only that the Special Counsel deliver a "confidential" report to the AG. Congress failed to specify whether that report must ever be released to the full Congress, much less the public.

3) After recent passage in the Democratically controlled House, the U.S. Senate on Thursday voted 59-41 --- including all Democrats and 12 Republicans --- to reject Trump's "National Emergency" declaration to steal money appropriated by Congress to the military in order to build his southern border wall. It's the first time since the National Emergencies Act of 1973 that Congress has exercised its option to try and block such a declaration. The effort comes after a week of intense lobbying of Senate Republicans by the White House to block the resolution, and by Senate Republicans to convince Trump to accept a compromise alternative or face an embarrassing rejection from his own party. Nonetheless, Trump has vowed to veto the resolution and there are not currently the two-thirds of members in each chamber to override Trump's veto. The matter will most likely be settled in court and, as we argue today, very likely in favor of the President, given the way the Act was written (also ceding more Congressional powers to the Executive Branch.)

If the nation is lucky, however, today could mark a turning point after decades of Congress giving away its powers. But our nation hasn't been very lucky of late.

Also on today's news-packed program...

  • Beto O'Rourke jumps into the 2020 Democratic Presidential free-for-all. We discuss.
  • And, in Wisconsin, still more (shameful) evidence that Republican Photo ID voting restrictions were adopted as little more than a (successful) scam to suppress the Democratic-leaning vote in the Badger State. A new report from all of Wisconsin's county election clerks finds just 24 cases of potential voter fraud out of some 2.7 million votes cast over the past year. ZERO of those cases, according to the Wisconsin Elections Commission, would have been prevented by the state's Photo ID voting restrictions. On the other hand, as we learned back in 2017, some 23,000 legal voters in just two WI counties alone were deterred from voting by the suppressive law in 2016. That was the year that Donald Trump reportedly won the state by 22,748 votes.
  • Finally today, Desi Doyen joins us with the latest Green News Report on the Trump Administration's wasted billions in taxpayer dollars in rolling back climate policy regulations and how school strikes by kids around the globe and the recent introduction of the Green New Deal is now forcing fossil fuel industry executives to rethink their loathsome, planet-killing business strategies...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Susan Harley of Public Citizen; Also: CA Guv halts death penalty; Manafort sentenced to 7 years, charged in NY; GND already paying off...
By Brad Friedman on 3/13/2019 6:48pm PT  

On today's BradCast: Democrats propose a new tax on Wall Street traders that could both put the brakes on market volatility that threatens the investments of average Americans, while raising billions of much needed dollars for the federal government. [Audio link to show follows below.]

But first, some good news for the nation out of California. Newly elected Democratic Governor Gavin Newsom has now signed an executive order placing a moratorium on the state-sanctioned killing of some 737 individuals on the state's death row. Describing the death penalty as "discriminatory" and a "failure" that has resulted in the deaths of "wrongly convicted" people proven innocent, while costing the state billions of dollars, the Governor has now blocked the barbaric planned executions of about one quarter of those slated to be killed by governments across the nation.

"It’s a very emotional place that I stand," Newsom said at a presser today, "This is about who I am as a human being, this is about what I can or cannot do. To me this is the right thing to do." As we discuss, it's not the first time that Newsom, as a public official, has placed doing the right moral thing over what may or may not be politically popular, at the moment, among the electorate.

Back in Washington D.C., Donald Trump's former campaign chairman Paul Manafort was sentenced to an additional 73 months for criminal conspiracy fraud and witness tampering on Wednesday. Some of those months will be served concurrently with the 47 months he was sentenced to last week in a Virginia federal court related to undisclosed lobbying for a pro-Russia political party in Ukraine. With the partially concurrent sentencing, the 69-year old Manafort now faces nearly seven years in prison.

While none of the 20 or so federal counts in two different courts that Manafort was found guilty of had charged "collusion" with Russia for interference in the 2016 election, his attorney and Donald Trump used the occasion once again to lie about that fact to the American public today. But just minutes after today's new sentencing, Manhattan's District Attorney announced 16 new indictments against Manafort in state court related to mortgage fraud and more than a dozen other crimes for which, if found guilty, the President would be unable to pardon him. Trump's pardon power extends only to federal, not state crimes.

As the madness surrounding our criminal Presidency continues, Democrats in Congress are pushing ahead with a number of progressive policy proposals in advance of 2020 to hopefully help pull the nation out of its current self-imposed morass and rebalance some of the worsening inequities between the wealthy, the poor and the middle class. Senator Brian Schatz (D-HI) and Congressman Pete DeFazio (D-OR) have now introduced new legislation that would create a very small, 0.1%, Financial Transaction Tax (FTT) on every stock market transaction. The bill [PDF] --- which already has a number of Democratic cosponsors in the House and Senate, including among Presidential hopefuls --- is estimated to raise as much as $800 billion in much-needed revenue for federal coffers over ten years. As importantly, the measure is designed to ease market volatility by curbing the legalized skimming that takes place by high volume computer traders who purchase trades from normal investors and sell them back to the investors at a higher rate, all within a fraction of a second.

The legislation is supported by some 60 non-partisan good government organizations, including Public Citizen. Attorney SUSAN HARLEY, Deputy Director of the group's Congress Watch division, joins us today to explain this new move toward an FTT that would cost traders one-tenth of a cent per dollar traded. That's $1 for every thousand invested or, as Harley explains, "Ten cents out of every 100 dollars traded. That's why we like to talk about it as rebuilding Main Street on Wall Street's dime."

"We do pay taxes on all of our purchases," she tells me. "so Wall Street should be doing the same as far as these stocks trades, bond trades, and derivative trades. It absolutely is about fairness, about making sure Wall Street is paying back the US because we did bail them out for the financial crash."

She details how the proposal is ultimately a very progressive tax, even as it's very small, because it would largely fall on the wealthy. "We've really got to re-balance our tax code, and unrigging our economy starts with making Wall Street pay its fair share. The top 1% of society owns two thirds of all financial securities."

"We did research on existing fees --- things like commission, overhead costs, broker fees. The Financial Transactions Tax would be only about $80 for the average 401k or retirement saver, versus more than $1000 in existing fees. That's just the average. Some funds have existing fees of more than $2500 dollars. So, it really is a drop in the bucket as compared to the existing commissions and other types of ways that Wall Street is taking it out of the pocket of average investors."

Harley discusses both the legislation's challenges and growing political support on Capitol Hill, where the Trump/GOP 2017 $1.5 trillion tax cut, largely for corporations and the wealthy, has resulted in record trillion dollar annual deficits and a recent budget proposal by Trump to cut more than a trillion dollars from social programs like Medicare, Medicaid and Social Security. (He had vowed to not cut those programs during his 2016 campaign, while suggesting that Democrats would do so.)

Finally, speaking of progressive policy proposals, the recently introduced Green New Deal is already paying off. Rightwingers have been freaking out about it, and lying about it, but they are also scrambling to respond after realizing its huge popularity among the electorate and how silly they look. Several longtime climate science deniers, including Trump acolyte and accomplice Rep. Matt Gaetz (R-FL), are now taking baby steps by conceding that "climate change is real" and "humans contribute". Soon they may even notice that, according to climate scientists, human activity is actually responsible for 100% of the warming we've seen to date. But, hey, it's a start...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Prof. Richard DeMillo of Georgia Tech; Also: Trump 2020 budget slashes Medicare, Medicaid, increases defense, wall funding, deficit spending; Bernie Sanders' 1987 climate change warnings unearthed...
By Brad Friedman on 3/11/2019 6:43pm PT  

On today's BradCast, we're experiencing a sense of deja vu from this very same fight the last time Congress allocated hundreds of millions for new electronic voting systems in the U.S. [Audio link to show is posted below.]

A serious "design flaw" in a previously certified computer voting system is finally acknowledged on Friday by New York State's top election official, after several different warnings on the matter were issued in recent months by computer security and voting systems experts at Princeton and Georgia Tech.

The vulnerability has resulted in Douglas Kellner, the co-chair of the NYS Board of Elections, calling for a reexamination of the ImageCast Evolution (ICE) computer Ballot Marking Device (BMD), which both prints ballot selection on a paper and then scans that ballot to record results after it, theoretically, has already been verified by the voter. "After you mark your ballot, after you review your ballot, the voting machine can print more votes on it!," [emphasis in original], Princeton's computer science professor Andrew Appel warned about the Dominion ImageCast Evolution system in October of last year.

Kellner cites that "ballot stuffing attack" vector first identified by Appel and then confirmed by Georgia Tech's former Dean of computing at Georgia Tech and director of its Information Security Center, professor RICHARD DEMILLO who joins us on today's show to explain the vulnerabilities. The very same design flaw appears to be present in systems currently in use or set for use before 2020 in parts of Kansas, Texas, Pennsylvania, Delaware and elsewhere, as jurisdictions scramble to spend federal dollars to "upgrade" their voting systems to new equipment in advance of the next, crucial Presidential election.

A similar system made by ES&S, currently being pushed for use across the entire state of Georgia by Republicans, vendors and elections officials, also appears to have the same flaw and even one that Appel describes as a disturbing "Permission to Cheat" feature (first observed by Election Integrity advocate Jenny Cohn in Kansas last September) that allows the machine to submit a ballot to the scanner without the voter ever verifying what the computer has printed on it. That, DeMillo explains today, allows ballots to be marked and printed by the computer and then scanned without any examination by the voter at all. Both "design flaws" make any post-election hand audit of those ballots "meaningless" [PDF] .

As Kellner explains in his letter to fellow Elections Board members in NY --- effectively decertifying the systems, for now, thanks to Dominion's failure to document these vulnerabilities before certification --- "If it was possible for the machine to add a voting mark to the ballot without verification by the voter, the audit is not meaningful because it cannot confirm that the ballot was counted in the manner intended by the voter."

"What they have is a single device that marks the ballot and scans the ballot. Just because of the way that they've designed this thing, there's a single path that the paper ballot travels --- under the print heads, and over scanning heads," DeMillo tells me. "What I think is a real issue is the design flaw that makes it possible to have the paper ballot printed out, verified by the reader, and then scanned, but in that scanning process, travel a second time undetected through the print heads. The voter could have chosen to vote for no one. But the machine could decide well, we really like the Democratic candidate for Public Service Commissioner, so we're just going to add that to every ten blank Public Service Commissioner choices that we see."

DeMillo breaks down what all of this means for New York and other states now using or set to use these systems, and how the vendor in question, Dominion, has responded [PDF] by attempting to marginalize the concerns and dismiss critics like DeMillo and Appel as "security maximalists."

DeMillo has been joining other cybersecurity experts in issuing similar warnings [PDF] to officials in his home-state of Georgia, where lawmakers are in the midst of rushing to approve at least $150 million for the purchase of similar devices from ES&S for use across the entire state before 2020 --- and not just for disabled voters who may require such a system to vote independently, but for all voters in the precincts. That, despite the systems appearing to have similar "design flaws" to those which have now served to effectively decertify the Dominion systems in NY.

All of this, of course, is of a piece with the warnings we've been loudly issuing for years at The BRAD BLOG and on The BradCast about the use of this type of unverifiable computer-marked "paper ballot" voting systems, rather than verifiable HAND-MARKED paper ballots.

Also on today's program: Donald Trump publishes his Fiscal Year 2020 budget proposal, including hundreds of billion in cuts to domestic programs such as Medicaid and Medicare (which he vowed, while a candidate in 2016, to protect), as well as to the Environmental Protection Agency and other federal agencies. At the same time, the proposal includes record increases in defense spending and $8.6 billion more for his southern border wall (which Mexico is still not paying for). The result, if the aspirational proposal were to be adopted by Congress, would ensure annual budget deficits of at least $1 trillion over the next four years. That, on the heels of the Trump/GOP's $1.5 trillion tax cut for the wealthy and corporations which has ballooned the deficit and national debt to go with it.

And, finally today, after WA Governor Jay Inslee entered the Democratic President Primary last week race based largely on his decades of raising the alarm about climate change, we share a few recently unearthed clips from Inslee's fellow Presidential hopeful Sen. Bernie Sanders warning about "the greenhouse effect" and the dangers of a warming climate as long ago as 1989 on C-SPAN and in 1987 with a class of middle-school children while then still serving as Mayor of Burlington, Vermont.

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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