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Latest Featured Reports | Monday, August 10, 2020
Sunday 'Is What' Toons
This week's toon collection from PDiddie is what it is...
'Mail is Being Slowed Down... Everywhere' Warns Postal Union Prez: 'BradCast' 8/7/20
Guest: APWU's Mark Dimondstein; Also: Progressive activist 'wins' TN's Dem U.S. Senate nom after being outspent 250 to 1...
National Ripoff Association: NY A.G. Sues NRA for Fraud, to Dissolve Org: 'BradCast' 8/6/20
Also: Trump in NY legal trouble too; Economy over a cliff as White House, Repubs dither...
'Green News Report' 8/6/20
  w/ Brad & Desi
Trump signs major land bill; Fertilizer caused Beirut explosion; Electricity shutoff ban ending; Shell's offshore hybrid wind farm; PLUS: Northeast climate pact causes healthier kids...
Previous GNRs: 8/3/20 - 7/30/20 - Archives...
Progressive Victories (and Losses) in MO, MI, AZ, WA, KS Primaries: 'BradCast' 8/5/20
Guest: Howie Klein; Also: Disgraced Kobach and Watkins lose in KS; Disgraced Arpaio in running in AZ; GOP Guv restores IA voting rights to former felons...
Death and Destruction; Hope and Change: 'BradCast' 8/4/20
Isaias lands; Trump goes to 11; McSally and Graham in trouble; MUCH MORE...
'Green News Report' 8/4/20
Isaias hits NC amid a pandemic, makes history; Rising seas pushing storms further inland, study warns; PLUS: 15 states clear the air, move to all-electric trucks and buses...
'Election Cyber Surge' Launches Not a Moment Too Soon: 'BradCast' 8/3/20
Guest: Maya Worman of U. of Chicago Harris Cyber Policy Initiative says help is on the way!; Also: Trump facing big trouble in NY; Callers ring in on the VEEPStakes...
Sunday 'Delaying the Inevitable' Toons
Distract yourself with PDiddie's latest collection of the week's best political toons...
FEC Complaint: Trump Camp Running $170M 'Laundering' Scheme: 'BradCast' 7/31/20
Guest: CLC's Brendan Fischer on yet another extraordinary Trump grift; Also: Stop cowering at his wannabe dictator tweets!...
Monopoly Money: 'BradCast' 7/30/20
Guest: David Dayen on the 'incredible' anti-trust hearing in the House and his new book 'Monopolized'; Also: Cain dies of COVID; Trump tries to distract from newly disastrous economic numbers; Rep. Lewis laid to rest...
'Green News Report' 7/30/20
Trump in TX to expand fossil fuel exports, lie about Biden; Very good news for clean, renewable energy in U.S.; PLUS: Ag officials alarmed by 'mystery seeds' in the mail...
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: APWU's Mark Dimondstein; Also: Progressive activist reportedly wins Dem U.S. Senate nomination in TN after being outspent 250 to 1...
By Brad Friedman on 8/7/2020 7:25pm PT  

On today's BradCast: Never mind the pre-election polling numbers you are hearing. Given the way Donald Trump and his Administration and acolytes around the country are actively working to undermine this year's November 3rd general elections, you'd make a mistake to place Joe Biden's odds of being declared the winner at any better than 50/50 at best at this point. Disturbing comments from our guest today only underscore that concern yet again. [Audio link for today's must-listen show is posted at bottom of article.]

But first up today --- after quick news that, contrary to yesterday's reporting, a second COVID test for the Governor of Ohio Mike DeWine appears to show he is actually, and happily, negative for the coronavirus --- we cover the stunning election news out of Tennessee on Thursday night. If the computer-tallied results of the Democratic Primary yesterday for U.S. Senate there can be believed, Marquita Bradshaw, a progressive African-American environmental activist supporting Medicare for All and the Green New Deal, has won the party's nomination to run for the seat being vacated by TN's longtime GOP Senator Lamar Alexander this November.

Bradshaw's campaign raised less than $10,000, according to FEC records, yet she reportedly defeated the Dem establishment-backed James Mackler who, with the support of Chuck Schumer's Democratic Senatorial Campaign Committee, had raised more than $2 million for his campaign while only managing to come in THIRD in yesterday's contest! That's right, Bradshaw was outspent 250 to 1, but appears at least, to have easily defeated both Mackler and everyone else in the race according to the still-unofficial results.

Unless an error in tabulation is discovered, Bradshaw will go on to challenge Trump's former Ambassador to Japan, Bill Hagerty, in November. He overcame a serious challenge in a contest that placed the Trump and Mitch McConnell-endorsed Hagerty against the Ted Cruz and Rand Paul-endorsed Manny Sethi. The far-rightwing Hagerty recently resigned from the board of a brokerage firm after they expressed support for the Black Lives Matter movement. He will now run against a black activist in TN, which has not elected a Democrat to the Senate since 1990. But, if Bradshaw could win after being outspent 250 to 1, who knows what may happen in November?

That said, the GOP dirty tricks this year are already underway. According to an email from our friend Tom Sullivan, a longtime blogger at Digby's Hullabaloo from the closely divided battleground state of North Carolina, some Democratic voters are now reportedly receiving phone calls purporting to be from the Board of Elections, falsely telling them they "no longer need to request an absentee ballot." That is completely false. If NC voters wish to vote by mail this year in the Tarheel State, they WILL need to request an absentee ballot --- though they can deliver their ballot by hand at county Boards of Elections, or even vote in-person later if they change their mind.

Dirty tricks from Republican activists, sadly, is nothing new, but bad enough. Especially in NC! But when the dirty tricks are coming from inside the White House itself, that is a matter of entirely different proportions. Shamefully, even as the President of the United States continues to make false claims about absentee voting (after fraudulently doing so himself!), Donald Trump's recently appointed Postmaster General, Louis DeJoy, is now undermining the U.S. Postal Service itself in advance of what will be, by far, the largest Vote-by-Mail elections in all 50 states in the nation's history. The Republican Trump mega-donor DeJoy, with no previous USPS experience, issued several directives upon taking office in June that have resulted in the slow down of mail delivery. And while both DeJoy and other leadership at the 250-year old Postal Service (whose first Postmaster General was Benjamin Franklin) have claimed the new directives are not aimed at slowing down mail or doing Trump's bidding to undermine absentee voting, our guest today, MARK DIMONDSTEIN, President of the American Postal Workers Union and Postal Service worker since 1983, charges that is exactly what is happening.

The new directives, purportedly meant as efficiency measures to curb overtime costs, "can't do anything but slow down mail," says Dimondstein. "Our understanding is that it's really happening all over the country, and it needs to be reversed. It needs to be stopped." The APWU chief, representing more than 200,000 postal workers, charges the new measures, which direct carriers to leave mail behind at sorting stations if waiting for it will delay their route, "runs counter to our DNA. Our DNA as a postal worker is to serve the customer, leave no mail behind, treat it as if it is our own."

The USPS is in crisis mode now, as coronavirus lockdowns have severely curbed regular mail delivery --- though package delivery has increased, he tells me, helping to mitigate that loss somewhat. The Post Office is funded entirely by postage, not tax payer dollars, but its Republican-dominated Board of Governor's, he says, unanimously voted to request a $25 billion emergency bailout from Congress earlier this year. While almost every other company in the nation has received crisis funding during the pandemic, Republicans in Congress and the White House have continued to block the request. "The Post Office does not run on tax dollars in normal times, it runs off the revenue. So if the revenue is not there, then the Post Office will run out of money," Dimondstein warns. "It's not a question of if, it's a question of when."

He goes on to respond to a host of questions, including on the safety (and necessity) of Vote-by-Mail and the President's attempts to undermine it. "Vote-by-Mail is nothing new for postal workers. We've been doing this for generations. Military personnel have been voting by mail since the days of the Civil War...And of course now, with the pandemic, it's a question of access to the ballot box at all for tens of millions of people who want to vote safely," he tells me, noting ironically that "Trump trusts us to deliver his mail-in ballot!"

We discuss what he describes as the "tremendous impact of COVID on the workforce," which has seen 40,000 workers quarantined and more than 2,500 who have tested positive, and why Donald Trump has had it out for so long --- even before the coronavirus --- for the Postal Service, which Trump has called "a joke". Contrary to popular speculation, Dimondstein doesn't believe Trump's antagonism is due to his dispute with Washington Post owner Jeff Bezos, CEO of Amazon which works closely with USPS. He believes it's based on little more than interest by Trump and other corporatists to privatize and profit from the massive customer base served by the USPS every day at all 160 million addresses across the country, six days a week.

"The idea that the Postal Service is a joke is an insult to every dedicated postal worker. 600,000 plus strong," says Dimondstein. "Out here in this pandemic, on the front lines, can you imagine how we all feel hearing that? And it's an insult to the customers. 91% of the people in this country, in the latest Pew Research Poll [support USPS]. The Postal Service always rates the highest. This year, it was the highest ever, I think out of a deeper appreciation for the role of postal workers in this pandemic."

"The country just laid to rest John Lewis," Dimondstein notes. "His historic role in this country, courageously done, was the question of voting rights for African-Americans in the South of the United States. And it was courageous. He was almost beaten to death. Voting rights now is right here at the epicenter of what's going on right now, and the Post Office is right in the middle of this thing. Because without Vote-by-Mail, people aren't going to be able to vote. It's as simple as that. Tens of millions of people, from seniors to young people, just will not be able to vote during this pandemic if they don't have good access to Vote-by-Mail and don't have the states step up. We have to worry about some of these states that don't want people to vote. That's the reality."

When asked how long before Election Day Dimondstein would advise voters get their absentee ballot into the mail to ensure it arrives n time to be counted, he recommends that if you haven't mailed it by the Tuesday or Wednesday before Election Day, you'd be wise to try and drop it off in person at your precinct or local County headquarters. (Check your own jurisdiction to find out what is allowed, as the laws are different in each state and sometimes each county or municipality.)

There's much more in our conversation, but you get the idea. Please tune in for the full conversation.

Finally today, with the actual President of the United States now actively attacking the Post Office, the U.S. Census and democratic elections themselves --- all three, core elements of American democracy, each specifically cited by the U.S. Constitution itself! --- can there be any better reason to defend the nation and its Constitution by voting this guy out of office? With that in mind, we end with a bit of inspiration from satirist Roy Zimmerman's brand-new, updated version of his already-classic ear-worm parody tune, "Vote Him Away!"...

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

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Measuring the risks of such an escalation by local officials...
By Ernest A. Canning on 7/24/2020 1:00pm PT  

Philadelphia's progressive District Attorney Larry Krasner told Democracy Now's Amy Goodman on Thursday that any federal officers who break state law within the City of Brotherly Love will be arrested and prosecuted. His comments come in response to President Trump's threat to expand the "totalitarian" assaults by his secret police from Portland, Oregon to other cities run by "liberal Democrats."

While Krasner and other local law enforcement agencies likely possess the authority to arrest law breaking federal agents, should they?

Krasner acknowledged that federal officers have a right to enter the city, and often do so for agreed upon joint law enforcement activities, but argued that no one, including the President, has a right to violate state law:

If people are going to come to Philadelphia and, in uniform, they're going to fracture the skulls of protesters with rubber bullets, they're going to jump out of rental vans and drag people into those vans without probable cause, they are committing crimes under the Pennsylvania statutes. These are Pennsylvania offenses over which the district attorney in Philly has jurisdiction over that area, and we can bring those charges.

The argument may be legally supportable, but the issue entails not only the question of whether local DAs and police have the authority to effectuate the arrest of miscreant federal agents but also of weighing the risk of potentially adverse consequences...

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




RNC cancelled in FL; Another COVID breakout at White House; FL Guv wobbles on school reopening; Jobless claims continue to break records; Congressional GOP in disarray over emergency relief; Trump's federal storm troopers tear gas Portland mayor; And too much more!...
By Brad Friedman on 7/23/2020 6:47pm PT  

It was some weeks ago that we warned listeners to "buckle up" for what was to come over the next several month in the lead up to Election Day (and for whatever nightmares are likely to come thereafter). Today's BradCast provides ample evidence that we were right to issue that warning --- which remains in effect for the foreseeable future. [Audio link to full show is posted below summary.]

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

  • Breaking at top of show - Trump cancels plans for Republican National Convention in Jacksonville, Florida due to out-of-control coronavirus surge in the Sunshine State. That, after previously moving the convention from Charlotte, North Carolina because the state's Democratic Governor wouldn't allow a maskless deathtrap convention;
  • Federal Judge orders former Trump lawyer Michael Cohen to be released from prison, citing "retaliation" by the federal government after he was removed from home detention and locked back up for refusing to sign a document vowing he wouldn't write a book or speak to the media about Trump. Cohen had previously been furloughed from prison and placed into home detention after one year of his three year sentence for lying to Congress to protect Donald Trump and participating in a hush-money conspiracy "directed" by the President, according to both him and federal prosecutors. Trump remains uncharged and at large despite running the conspiracy Cohen was imprisoned for in paying off porn star Stormy Daniels and model Karen McDougal to keep quiet before the 2016 election sexual affairs with Trump. The judge excoriated the DoJ and Bureau of Prisons for violating Cohen's First Amendment right to free speech;
  • Trump sycophant and Florida Governor Ron DeSantis finally begins to wobble on his demand that schools in the state reopen next month for five days a week in-person classes, despite explosion of coronavirus cases. Tells Fox "News" that parents should have the "option" of sending kids to class, but offers no such "option" to teachers, whose union is now suing DeSantis;
  • Republicans are in disarray in Congress and at the White House after denying (for months) the need for additional emergency economic relief amid the pandemic. That, as expanded unemployment benefits --- one of the few actions taken by Congress that has successfully helped to avoid a complete economic collapse over the past 6 months --- are set to run out at week's end;
  • Breaking mid-show - New Fox "News" poll finds Joe Biden leading Trump, beyond the margin of error, in the key battleground states of Michigan (by 9 points) , Minnesota (by 13 points) and Pennsylvania (by 11 points);
  • Portland, Oregon Mayor Ted Wheeler was among those tear-gassed by Donald Trump's federal stormtroopers on Wednesday night. The Mayor, whose local police force had previously tear-gassed protesters who have been gathering nightly for more than a month following the death of George Floyd in Minneapolis, now claims to be rethinking his own tactics while decrying "flat out urban warfare, being brought on the people of this country by the President of the United States";
  • In response to the violence being perpetrated by Trump's federal goon squad, John McCain's former Campaign Manager and longtime Republican campaign consultant Steve Schmidt unleashes a Twitter thread calling for Congressional investigations, cites Trump's use of the military against phony threats by "caravans" at the U.S. southern border before the 2018 election, and compares Trump's tactics, applauded by rightwing media, to those of Hitler's Nazi brownshirts;
  • Finally, a delightfully light-hearted Green News Report with Desi Doyen! Sort of. Other than a story about cow farts and Burger King, we also highlight the stunning arrest this week of Ohio's Republican House Speaker Larry Householder, nabbed as the ringleader of a $61 million conspiracy to funnel a $150 billion bailout to utility company FirstEnergy to prop up two failing nuclear plants and two aging, hyper-polluting coal plants at the expense of the state's rate-payers and renewable energy and efficiency initiatives in the Buckeye State. In a quick follow-up today, the company's stock price has plunged following the federal arrests this week, but questions remain about the company's own complicity in the scheme and the involvement of Ohio Governor Mike DeWine in last year's passage of HB6, the controversial boondoggle of a bill that resulted in Householder lining his pockets with millions in dark money from FirstEnergy and other utility company interests.

Hopefully your seatbelt is still on and will remain locked and in place until the chaos comes to a complete and full stop...if it ever does...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Despite legal challenges, White House threatens to expand 'shock troop' operation 'across heartland of the country'...
UPDATE, 7/23/20: Federal 'thugs' attack 'wall of moms', Navy vet; Tump/AG Barr expand 'illegal' assault to Kansas City, Chicago and Albuquerque; Judge issues TRO against feds...
By Ernest A. Canning on 7/21/2020 1:21pm PT  

Under the guise of protecting federal property and public safety, a militarized secret federal police force, deployed by President Trump to Portland, Oregon, has unleashed a totalitarian assault on democracy and the rule of law. The brutal assault has trampled the civil liberties of peaceful protesters, journalists, legal observers and bystanders.

The astonishing offensive has extended well beyond the boundaries of federal enclaves. It also entailed a great deal more than the arbitrary application of police violence. Wearing military fatigues with patches bearing only the word "POLICE", previously unidentified, armed federal stormtroopers roamed city streets and sidewalks, arbitrarily snatching-up terrified citizens, who they whisked away in unmarked vehicles.

In a federal lawsuit filed late on Friday, Oregon Attorney General Ellen Rosenbaum challenged these wholesale violations of civil liberties and alleges that the arbitrary snatch and grab operation also creates a "risk" that law abiding, peaceful protesters could be kidnapped by armed and unaccountable, civilian right-wing "militias".

Separately, the ACLU, seeking to rein in what its staff attorney, Vera Eidelman, aptly described as an "unconstitutional nightmare", filed a 2nd amended complaint, which added the U.S. Department of Homeland Security (DHS) and the U.S. Marshals Service (USMS) as party Defendants to the ACLU's already successful federal lawsuit. That lawsuit was initially filed previously against the City of Portland.

Earlier this month, U.S. District Court Judge Michael H. Simon issued a Temporary Restraining Order (TRO) and, later, a Preliminary Injunction [PDF], that blocked the Portland Police Bureau "from arresting, threatening to arrest, or using physical force...against any person they know or reasonably should know is a Journalist or Legal Observer...unless the Police have probable cause to believe such individual has committed a crime." The injunction also prevents police from seizing photographic, audio and video-recording equipment. (To its credit, the City of Portland agreed to the issuance of the preliminary injunction.)

By way of a newly filed Motion for a TRO [Temporary Restraining Order] and Preliminary Injunction, the ACLU now seeks a ruling from Judge Simon that would provide the same injunctive relief against the DHS and the USMS. In their motion, the ACLU described Trump's secret police as "shock troops" who "were successfully subjugating protesters and carrying out [the President's] longstanding vendetta against the press."

DHS and USMS were not the only federal agencies that have taken part in the trampling of civil liberties in Portland. In its federal complaint, Oregon also named the Federal Protection Service (FPS) and U.S. Customs and Border Protection (CBP) as party Defendants.

Where both the ACLU and Oregon complaints lay out facts that support the assessment offered by Kelly Simon, ACLU Oregon's interim legal director, that Trump's stormtroopers have been "terrorizing the community, risking lives, and brutally attacking protesters," Oregon's complaint, unlike the ACLU's, seeks declaratory and injunctive relief designed to remedy the violations of the 1st, 4th and 5th Amendment rights of all affected citizens, including protesters and bystanders. Oregon also alleges that these agencies, especially the CBP, have violated Oregon's sovereign right to protect its own citizens.

Despite this disturbing, uninvited and unwelcome federal deployment --- as well as the now very serious legal challenges --- on Sunday, White House Chief of Staff Mark Meadows told Fox "News" to expect a "roll out" of similar deployments to "Chicago or Portland or Milwaukee or someplace across the heartland of the country"...

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




Guest: Constitutional attorney Ben Clements of Free Speech for People; Also: New COVID records; Woolery deletes his Twitter account; RBG battling cancer again; Bowman declared 'winner' in NY...
By Brad Friedman on 7/17/2020 7:11pm PT  

It ain't over 'til it's over. And several well-respected Constitutional attorneys have just filed a motion arguing the Roger Stone case is not over at all. Not yet anyway. One of those attorneys joins us on today's BradCast to explain. [Audio link to show is posted below.]

But first, some other news of note today. It's becoming a broken record, but the U.S. broke yet another record for new, daily COVID-19 cases on Thursday. It's the 11th such record smashed in the first 16 days of July. With more than 75,600 confirmed new cases reported on Thursday alone, the U.S. is now quickly rushing toward the 100,000 cases per day that Dr. Anthony Fauci shocked the nation a week or so ago by predicting was likely coming soon.

Of course, why should anybody believe the nation's top infectious disease expert Fauci on these things? Former game show host turned rightwing genius Chuck Woolery certainly doesn't! Or didn't. Maybe he does now. Woolery unleashed an unhinged Twitter rant on Sunday calling news about COVID-19 "outrageous lies", and warning us that "The CDC, Media, Democrats, our Doctors" are "lying" about it all. The President of the United State retweet that screed to much notice on the same day. The very next day, however, on Monday, Woolery tweeted again. This time "To further clarify and add perspective." What was his added perspective? His son had been diagnosed with COVID-19. That led the former "Love Connection" host to concede that the virus "is real and it is here." He deleted his entire Twitter account soon thereafter.

Yes. It's real and here, no matter how much Trump and his duped followers hope to pretend it away. And Woolery is just the latest wingnut to be hoisted on his own idiotic social media rantings suggesting the coronavirus is little more than hoax by the media and by Democrats to help them win the upcoming election and/or to allow Fauci and Bill Gates to control the world. Or something. Unlike so many other wingnuts, sadly, who've offered similarly dangerous public rants over the past several months, Woolery wasn't actually killed by the virus before his embarrassing social media spew revealed him to be an idiot. We send our best wishes for a healthy future to both him and his son.

Similarly, we send such wishes to U.S. Supreme Court Justice Ruth Bader Ginsberg who, after apparently overcoming an infection that hospitalized her overnight this week, announced that she, separately, has been undergoing twice-weekly chemotherapy since being diagnosed with a recurrence of cancer on her liver in May. She has, so far over the past decade, survived pancreatic, colon and lung cancer. She says her current cancer is "at bay" and that she is "able to maintain an active daily routine." In her statement today, she vowed to continue her work at the Court until she can no longer "do the job full steam," adding "I remain fully able to do that." In fact, according to NBC News, other than Chief Justice John Roberts and Justice Brett Kavanaugh, Ginsburg authored more opinions over the past term than any of the other Justices, even as she was undergoing treatment for cancer. Meanwhile, the nation will remain on pins and needles until a new President is sworn in.

Ginsburg's still-sharp mind may soon be needed on a number of landmark matters that could come before the Republican's stolen SCOTUS, as the Trump Presidency (hopefully) nears its ugly end over the next several months, even as he becomes more desperate, manic, narcissistic and reckless with each passing day. One such matter that could come before the Court is a ruling on the Constitutionality of Trump's grant of Executive Clemency to his long time pal, former Trump campaign official, and decades-long GOP dirty trickster Roger Stone.

On Wednesday this week, to little public notice, the non-partisan good government group Free Speech for People (FSFP) filed a motion [PDF] with U.S. District Court Judge Amy Berman Jackson, who oversaw the Stone case and his eventual sentencing to 40 months in prison. Stone was found guilty by a jury of 7 counts of lying to Congress and federal investigators in their probe of Russian interference in the 2016 election, and of witness tampering (threatening to kill the witness and his dog) in his case. Jackson, in her closing remarks after sentencing Stone, said he "was prosecuted for covering up for the President."

That same President then granted Clemency to Stone by commuting his 3-year sentence to zero days late last Friday night, before Stone could even reported to prison as scheduled this past Tuesday. But a number of well-respected Constitutional legal scholars are now arguing that Trump's action on Stone's behalf was unconstitutional and should be overturned by Judge Jackson.

"This case isn't over," declared Ron Fein, Legal Director of FSFP in a statement announcing the motion filed with Jackson on Wednesday. "The Supreme Court has acknowledged that the pardon power is not unlimited, and the Constitution requires the President to exercise that power loyally and carefully in the public interest rather than in his own self-interest."

Joining us on the show today is BEN CLEMENTS, a former federal prosecutor, former Chief Counsel to MA Governor Deval Patrick and now Board Chair and Senior Legal Advisor for FSFP. Clements, with more than thirty years of expertise as a constitutional attorney in both the public and private sectors is co-counsel on the motion filed by this week with Judge Jackson.

"In the very clause establishing the Presidency itself, Article II of the Constitution, the framers included language making clear that the presidency is, in effect, a public trust. Its powers must be exercised for the benefit of the public, and not the personal benefit of the President," Clements tells me today. "They specifically provided that the President is required to take care that the laws be faithfully exercised and executed, and they required the President to take an oath to faithfully execute the office of President."

Clements goes on to explain that the Presidential pardon power, while "considerable" is "not absolute," and that the Supreme Court has recognized those powers "are subject to the textual constraints in the Constitution itself." In other words, as he details today, it can't be used in a criminal manner or with a corrupt purpose. He offers the example that it would be unlawful and unconstitutional for a convicted felon to pay bribe money to the President in exchange for a pardon.

"Granting a pardon or a commutation for a completely unlawful and illicit purpose is antithetical to [the President's] obligation to ensure that the laws are faithfully executed," Clements argues, adding, "There's ample public evidence that this was part of an illicit bribe. Stone agreed to protect the President by refusing to tell the truth, even lying to investigators investigating the role of Trump and his campaign in Russia's unlawful interference in the 2016 election. And Trump agreed, in exchange, to protect Stone from the legal consequences of his illegal conduct."

"At a minimum, the public evidence --- including statements from Trump himself throughout these last several years, and from the White House in describing the reasons for this commutation --- that evidence demonstrates that Trump's purpose in commuting [Stone's] sentence is to reward him for covering up for Trump, and to continue to protect Trump," according to Clement. "So, this is not 'faithful execution' of the laws as required by Article II. This is obstruction of the law, it's obstruction of justice, and it's obstruction of lawful investigations all for corrupt and self-interested purposes."

He says it is up to the court --- right now, Judge Jackson --- to consider the arguments presented and "if the judge agrees that the evidence is persuasive, to declare [the Commutation] constitutionally invalid and to order Roger Stone back to prison."

It's a fascinating twist --- or, at least, a potential one --- in the case. Clements goes on to offer his insight on how all of this may play out in the days ahead...including what may happen once, and if, the case reaches the High Court. You'll want to tune in for today's conversation for much more on this important filing, that has otherwise flown largely under the radar this week with everything else that is going on.

Finally, we end with some bonafide good news --- at least for progressives --- as 44-year old progressive African-American and first time political candidate, Jamaal Bowman, is declared the winner by AP over 16-term establishment U.S. Rep. Eliot Engel in New York's June 23rd Democratic primary. Bowman's reported victory in the 16th Congressional District mirrors Alexandria Ocasio-Cortez' win over 10-term Democratic Congressman Joe Crowley in 2018. And, as with AOC's District next door, Bowman's is heavily Democratic as well, meaning the winner of this year's primary is, as AP reports, "virtually assured of victory in the general election in November."

So there's a bit more good news to take home with you this weekend, as we all limp together towards the hoped-for coming end of the Trump nightmare and all that has come with it...

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

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Case may persuade state Dems to nix restrictions on Nov. mail-in voting...
By Ernest A. Canning on 7/17/2020 11:35am PT  

As recently observed in a Hartford Current editorial by Shari Cantor, the Mayor of West Hartford, Connecticut, her state's residents face some of the most restrictive Vote-by-Mail (VBM) requirements in the nation. She notes, in her op-ed calling for an expansion of absentee voting in the Constitution State, that voters "may not obtain an absentee ballot unless they are a poll worker, an active member of the military, sick, out of town during all hours of voting, physically disabled or prevented by their religion."

In response to the restrictions, attorneys from the American Civil Liberties Union (ACLU), on behalf of an individual voter and the Connecticut branches of the NAACP and League of Women Voters, have now filed a federal complaint [PDF] seeking to compel the state to allow every lawfully registered voter to cast a VBM ballot during the November 3rd general election.

CT's extraordinarily restrictive "Excuse Requirement" for voting via absentee, according to the complaint, combined with the fact that state election law does not provide for early in-person voting, forces the electorate to choose this year between exercising the franchise and the very real risk of contracting (and subsequently spreading) the deadly COVID-19 virus.

Because the restrictions on mail-in voting forces the electorate to choose between voting and a risk of death --- a choice CT's Democratic Secretary of State Denise Merrill, the only named Defendant in the case, conceded voters should "never" have to make --- the complaint alleges CT's Excuse Requirement, if applied during the Nov. 3rd general election, would impose an unreasonable burden on the right to vote in violation of the 1st and 14th Amendments to the U.S. Constitution.

The complaint separately alleges that CT's restrictive VBM Excuse Requirement denies or abridges the right to vote on account of race because the combination of greater obstacles to in-person voting and COVID-19's disparate impact on the African-American community "interacts with social and historical conditions to cause inequality in the opportunities enjoyed by Black and White voters to elect their preferred representatives. [Appellate court citation]." This, the complaint alleges, violates Section 2 of the Voting Rights Act.

The 42-page federal complaint is replete with references to scientific facts and law that make it a compelling legal pleading. There's a very good chance, however, that a federal judge will never have to render a decision on the merits of the case. CT's Democratic leaders, including its Governor, Ned Lamont, may find those arguments persuasive and act accordingly...

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




Guest: Longtime Koch researcher Lisa Graves; Also: Biden, Obama, Gates Twitter accounts hacked, but Nov. voting should be fine; KS Repub Congressman indicted on four voter fraud counts! Trump should be next...
By Brad Friedman on 7/15/2020 7:27pm PT  

On today's BradCast: New insight on the nearly 50-year long effort to abolish and/or privatize one of the nation's most-beloved, 250-year old institutions. Just another disaster waiting to happen under the Presidency of Donald J. Trump. [Audio link to full show is posted below this summary.]

First, however, today's show is once again shaken up by breaking news. But some of it, at least regarding Justice Ruth Bader Ginsberg --- who has now been released from the hospital and said to be "doing well" --- is good news. The hack of top Twitter accounts today, including Joe Biden's, Barack Obama's, Bill Gates', Elon Musk's and many others, is not such good news. If a multi-billion dollar company like Twitter can't protect its own servers from hackers, how do you suspect local election officials will be doing this November when it comes to protecting complicated computerized voting, tabulation and registration systems?

Speaking of elections, first-term Republican U.S. Congressman Steve Watkins of Kansas was charged on Tuesday night with three felonies charges and a misdemeanor related to voter fraud after he registered to vote (and then did so) using an address at a Topeka UPS store, where he obviously does not actually live.

Donald Trump committed nearly identical voter fraud crimes. Last year, he also specified an address where he does not live --- a commercial business in Florida (Mar-a-Lago) --- as his "legal address" for voting purposes on his voter registration application [PDF] in the Sunshine State, and unlawfully voted via absentee ballot there this year. Rep. Watkins may go to jail for the same crimes that Trump committed. Will Trump be charged with felonies as well?

And, speaking of voting by mail (lawfully or otherwise), that may also be threatened this year, even as states are expanding access to mail-in voting due to the coronavirus pandemic. A new, Trump-appointed (and wholly unqualified) Postmaster General has just been seated and, this week, sent a series of disturbing memos to all Postal Workers directing them, essentially, to slow down mail delivery and stop all overtime work, even with package delivery (often of much-needed medication and other quarantine-necessary supplies) rapidly increasing during the COVID crisis.

Louis DeJoy, a Trump donor and our new Postmaster General, has postal workers, including hundreds of thousands of union workers, up in arms about the new mandated slowdowns that will accomplish little more than giving a competitive boost to FedEx and UPS, two of the USPS' top private competitors. That, as it turns out, is likely the whole point, according to our guest today, LISA GRAVES of True North Research. Last week, Graves published an 18-page brief [PDF] at In The Public Interest on the billionaire who has been behind what is now a nearly 50-year effort to privatize the Postal Service.

That billionaire is none other than Charles Koch who has spent decades recruiting a rogues gallery of hard-right "libertarians" and Republicans, beginning in the 1970s, up through the Reagan and Bush Administrations, and now into the Trump Administration, to undermine the USPS despite its mandates specified by the U.S. Constitution and the fact that it is among the most popular and important institutions in the nation.

"Charles Koch has mapped out a very dystopian view of America, and has tried to push it into reality," Graves says, and he and his cronies have been successful. "They oppose having public transportation. They have oppose Amtrak, and any kind of public train system. They want public airports to be sold to the highest bidder and operated by the private sector. It's just one thing after another, including public parks! National parks, local parks, public parks --- these are all anathema to these very fringey rightwing libertarians who have been fueled and funded and stoked by Charles Koch and his billions from Koch Industries."

Graves, a former Deputy Asst. Attorney General at the U.S. Dept. of Justice, has been researching and documenting the billionaire Koch's rightwing ideological agenda for years, as he and his late brother David, have worked to undermine and/or buy our democracy and most important public institutions. Her new exposé on Koch and cronies' decades-long effort to kill and/or privatize the USPS is another critical chapter of that important work, and one that highlights, as she describes it today, a perfect "marriage between [his] ideological agenda and greed".

With the USPS now on the brink of insolvency, thanks to the COVID crisis --- and, even more, the 2006 Postal Accountability and Enhancement Act (PAEA), championed at the time by Koch-backed Sen. Susan Collins (R-ME), which handcuffed the independent federal agency --- things could get much worse for the Service very quickly.

Describing Louis DeJoy, Graves tells me today, "It's irresponsible and reckless for them to have put this partisan hack, this Republican fundraiser, at the helm of the Postal Service at the time that it's facing such a great need to have a leader who is committed to it as a truly public institution, versus someone who is behaving in this predatory way to try to basically ruin the Postal Service and push it toward the idea that it should be a for-profit company. It's in the worst possible hands at the worst possible time." But, of course, that is largely the point.

"If it's destabilized right before the election, that sort of destabilization could not happen at a worse time. But it would be convenient for a Trump ally to destabilize it, since Trump is trying to attack the very idea of Vote-by-Mail," Graves warns, along with much more in a must-listen conversation today.

Finally, a few quick words on Tuesday's primary election and runoff results in Alabama, Texas and Maine where, by the way, Sen. Susan Collins will be facing her most difficult re-election bid ever this November against Democrat Sara Gideon, who appears to have sealed up the Democratic nomination to run against Collins in Maine on Tuesday...

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Unlikely either a grand jury, Congress or the public will gain access to any incriminating financial records prior to the Presidential Election
UPDATE 8/4/20: Subsequent court orders/legal filings suggest NY grand jury may get records by September. Will there be an October Surprise?...
By Ernest A. Canning on 7/9/2020 1:23pm PT  


"Two hundred years ago, a great jurist of our Court [Chief Justice John Marshall] established that no citizen, not even the President, is categorically above the common duty to produce evidence when called upon in a criminal proceeding. We reaffirm that principle and hold that the President is neither absolutely immune from state criminal subpoenas seeking his private papers nor entitled to a heightened standard of need." --- Chief Justice John Roberts, 7 - 2 majority opinion in Trump v. Vance, July 9, 2020

In Trump v. Vance, the President of the United States sued to block Manhattan District Attorney Cyrus Vance's subpoena of Donald Trump's accounting firm Mazar's USA. The subpoena seeks financial records that may expose criminal violations of NY law. Those potential violations include, but are not limited to, the sworn allegations presented by Trump's former attorney, Michael Cohen, that the President falsified loan applications and other financial documents.

The fact that the Supreme Court, as observed by Justice Brett Kavanaugh in his concurring opinion in Vance, "unanimously" agreed that "a President does not possess absolute immunity from a state criminal subpoena" is great news for those who are concerned about the threat the Trump administration poses to the survival of the rule of law. However, the Court's decision to remand the case to the District Court where President Donald J. Trump "may," per the majority opinion, "raise further arguments as appropriate" makes it unlikely that a New York grand jury will acquire the potentially incriminating records that might otherwise justify the issuance of a criminal indictment prior to the November 3. 2020 election.

Given the majority's conclusion, in Vance --- that the President's right to object to compliance with a criminal subpoena is no greater than the rights enjoyed by all private citizens --- it's unlikely Trump will prevail at the District Court level. However, the remand will allow Trump's legal counsel to seek further delays via stay requests associated with future appeals.

In a companion case, Trump v. Mazars USA, LLP --- in which Trump sued to block several Congressional Committees from obtain Trump's tax and other financial documents as part of their legislative oversight --- the Court vacated a District Court order compelling Trump to turn over financial records to Congress. Although the Court, in this case, left open the possibility that the District Court could again order the same financial records to be turned over to Congress after careful consideration of Separation of Powers issues. In this case as well, it is now highly unlikely that the records would be forthcoming to Congress prior to the Election.

The net result is that the Supreme Court has probably deprived the U.S. electorate of access to potentially incriminating financial records prior to the pivotal Presidential Election. That doesn't bode well for small "d" democratic accountability, which can only be accomplished when the electorate is "well informed". That's especially ironic given that even President Richard M. Nixon conceded that We the People have a right "to know whether or not their President is a crook."

UPDATE 8/4/20: Subsequent court orders, an expedited briefing schedule and legal filings suggest that a Manhattan grand jury may actually receive the withheld financial records by early September.

In a July 16 order [PDF], U.S. District Court Judge Victor Moreno adopted the parties' agreed upon expedited schedule, to wit: Trump was to file a second amended complaint by July 27. Vance could answer or move to dismiss by Aug. 3. Vance timely filed a motion to dismiss [PDF]. Trump has until Aug. 10 to file a brief in opposition to the motion to dismiss; Vance until Aug. 14 to file a reply.

On July 17, the Supreme Court issued an order granting Vance's request that the Supreme Court's July 9 decision be effective immediately --- as opposed to the usual 25 days after it was issued.

In his July 16 order, Judge Morero recited the following with respect to Vance's legal posture:

Each of [the President's] potential arguments must be understood first and foremost in the context of the Supreme Court's rejection of a heightened standard for the issuance of a standard of a state criminal subpoena to a sitting President. While the District Attorney does not contest that the President should have an opportunity to advance additional "appropriate" claims supported by factual allegations, consistent with the Supreme Court's opinion, his challenges to the Mazars subpoena must be considered in light of the principle that a President making such challenges stands "in nearly the same situation with any other individual."[Citation]. The President's proposal attempts to elide that standard; indeed, [he] expressly invites this Court to conduct a heightened-scrutiny inquiry drawn from the concurring opinion that was utterly rejected by the majority decision. Equally important, it overlooks the fact that he has already substantially advanced similar allegations in the [First] Amended Complaint, which this Court rejected.

The President states that he may argue that the subpoena "is motivated by a desire to harass or is conducted in bad faith…or that the subpoena is meant to 'manipulate' his policy decisions or to retaliate against him for official acts.' But this Court has already found there was no demonstrated bad faith, harassment, or any other unusual circumstance that would call for equitable relief. And this Court has rejected the President's claim that there was any evidence of a 'secondary motive' that goes beyond good faith enforcement of criminal laws.

In his erudite motion to dismiss Trump's Second Amended Complaint, which was co-authored by Walter E. Dellinger, III, a Duke Law Professor who had previously served as an Assistant Attorney General and as the head of the Department of Justice Office of Legal Counsel, Vance lays out the reasons why the Second Amended Complaint must be dismissed and the records promptly produced.

Trump's newest filing, Vance asserts, merely "repeats a conspiratorial assertion [the President] has unsuccessfully pressed for nearly a year to all three levels of the federal courts." The only "new" allegation is the claim the subpoena is over-broad because it seeks financial records dating back to 2011. This "new" allegation is based upon the factually erroneous assumption that Vance's investigation is confined to the 2016 "hush money" payments that were the source of the allegations leveled by Michael Cohen, the President's former lawyer. (Cohen was convicted for his role in the "hush money" scheme.)

In actuality, Vance points out, the subpoena goes back to 2011 because the grand jury, on the basis of publicly revealed evidence, is investigating "potentially improper financial transactions by a variety of individuals and entities over a period of years."

In the motion, Vance based assertion on Cohen's Congressional testimony and cited Washington Post and Wall Street Journal articles. Turns out, the Manhattan DA has additional information in his possession, according to a The New York Times article that was published one day after Vance filed the motion to dismiss. Last year, Deutsche Bank turned over the Trump organization's financial records to Vance's office pursuant to a subpoena. Thus, it's likely Vance already has evidence in his possession to support the assertion, set forth in the motion, that the NY grand jury subpoenas of financial records held by Mazars relate to decades-long "alleged insurance and bank fraud by the Trump Organization and its officers".

Given Judge Marrero's rejections of the President's prior identical legal arguments, and the already significant delay incurred, it's likely that, following a hearing, a new order compelling compliance with the subpoena will soon issue. It's unlikely further stays will be granted. Thus, it's likely, a NY grand jury will receive the financial records by early September. If those records are incriminating, the intriguing question is to whether Vance, who is not hampered by DOJ rules against initiating an action, could promptly seek and deliver an October Surprise in the form of an unprecedented indictment of a sitting President.

* * *
Ernest A. Canning is a retired attorney, author, and Vietnam Veteran (4th Infantry, Central Highlands 1968). He previously served as a Senior Advisor to Veterans For Bernie. Canning has been a member of the California state bar since 1977. In addition to a juris doctor, he has received both undergraduate and graduate degrees in political science. Follow him on twitter: @cann4ing




Guest: Mark Joseph Stern on new Court opinions on 'faithless electors', Obamacare and the GOP's ongoing (and now deadly) war on voting...
By Brad Friedman on 7/7/2020 6:52pm PT  

We've got a bit of a roller coaster today between good news and terrible news on today's BradCast. But that's life in the times of Trump and the coronavirus, I guess. [Audio link to full show is posted below.]

First up today, the COVID-19 crisis continues to gravely worsen in the U.S., with new record infections and hospitalizations now pretty much every day for the past month. Despite the increasingly desperate concerns expressed by health experts, especially for hotspots where Governors reopened states far too early, some Republicans from the President of the United States on down are calling for measures that will only increase infection rates, hospitalizations and, yes, death.

Florida's Education Commissioner Richard Corcoran on Monday, for example, declared that all public schools must reopen next month to all students for in-person classes five days a week. His emergency order notes that reopening schools is critical to "a return to Florida hitting its full economic stride". That, despite more than 200,000 confirmed cases and new record daily infection rates each day for weeks now in the Sunshine State.

At the same time, in Washington D.C. on Tuesday, Donald Trump held a White House event to demand the reopening of schools and to praise Florida's Governor Ron DeSantis for a "terrific job" in ordering them to open. Trump claimed that schools have been closed elsewhere for "political reasons" and added that "we are very much going to put pressure on Governors and everybody else to open the schools." This is now a death march being led by the President of the United States.

But if Republican politicians are fine sending children and their teachers and their families to their potential deaths, how do you think federal judges appointed by Trump or sympathetic to his political cause are going to react to measures being taken to try and make voting safer for Americans on November 3rd? We're joined again today by Slate's ace legal reporter MARK JOSEPH STERN to discuss Monday's opinions released by the U.S. Supreme Court, as well as a disturbing pattern of rulings at both SCOTUS and on the appellate level over the past two weeks that bodes darkly for this year's crucial Presidential election.

First, Monday's new opinions: The Court decided unanimously that states may prevent so-called "faithless electors" from casting their vote in the Electoral College for someone other than the Presidential candidate chosen by the state's popular vote. The issue stemmed from two combined cases of "faithless electors" in 2016, one of which was brought by plaintiff Michael Baca against Colorado. Baca appeared on The BradCast in December of 2016 to explain the reasons for his planned "faithless" vote in the Electoral College that year, before he was later prevented by the state from casting it.

While that opinion, written by Justice Elana Kagan received most of the media attention on Monday, another opinion handed down by the Court that day is likely of far greater import. The Court's 6 to 3 decision, with Justice Brett Kavanaugh writing for the majority in a case concerning robocalls made to cell phones, actually reveals some very encouraging news regarding a challenge to the Affordable Care Act (ACA or Obamacare) that will be heard next session by the Court. Kavanaugh's opinion, striking down one element of a robocall law as unconstitutional while upholding the rest of the law, suggests the challenge to Obamacare by GOP-controlled states and the White House --- seeking to strike down the entire health care law as unconstitutional based on the constitutionality of one single, now meaningless, provision --- is likely to fail.

As Kavanaugh crucially noted in his opinion, in words that will be remembered next year during the ACA case: "Constitutional litigation is not a game of gotcha against Congress, where litigants can ride a discrete constitutional flaw in a statute to take down the whole, otherwise constitutional statute."

"It's important to note that seven justices agreed with [Kavanaugh] on that particular point," Stern tells me. "Only Thomas and Gorsuch disagreed."

And with that seemingly very good news out of the way, we turn to a flurry of recent decisions by both SCOTUS and a number of federal appeals courts that are extremely concerning and revealing as to how right-wing controlled federal courts will be dealing with voter suppression cases and measures intended to make voting easier during the pandemic this November. Recent court rulings in cases out of Florida, Wisconsin, Alabama and Texas, as Stern explains, are very troubling indeed and suggest we could be in for no small amount of chaos, disenfranchisement and, yes, deadly disease, in this year's critical general elections.

There are more opinions to come from the Court before they are finished for the summer. Quips Stern darkly today: "We've got a handful left, and we will see if the Supreme Court breaks our democracy before the end of the term."

Finally, we close with Desi Doyen and our latest Green News Report, with a bit more news out of SCOTUS and lower federal courts, including some surprisingly very good news on several controversial oil and gas pipelines!...

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

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Guest: Slate's SCOTUS reporter Mark Joseph Stern on the 'canny legal' maneuverings of the Chief Justice; Also: MS votes to dump Confederate flag; Trump Campaign removed social distancing stickers before Tulsa Death Rally; COVID-19 now ravaging all but two states...
By Brad Friedman on 6/29/2020 7:04pm PT  

As life in the U.S. continues to get grimmer, we find a few much-needed points of light during today's BradCast! [Audio link to full show is posted below.]

First up, the GOP-controlled Mississippi state legislature finally voted overwhelmingly on Sunday to remove the offensive Confederate flag symbol from their own state flag. Both the Governor and Lt. Governor support the move and the bill will be signed. Yes, the ongoing uprising against systemic racism in the U.S. continues to bring about long-overdue positive change! Also, there was (mostly) good news in a long-awaited abortion case at the U.S. Supreme Court today, but we'll get there in a second.

Before that, we've been arguing in recent days that Donald Trump should eventually be brought up on charges for what amounts to mass murder in his purposefully and criminally delinquent and negligent handling of the COVID crisis. More evidence of that affirmative endangerment of the public was reported over the weekend by the Washington Post, which obtained video evidence that the Trump Campaign, just hours before his June 20 campaign rally in Oklahoma, removed thousands of social distancing stickers placed on seats at Tulsa's BOK Center venue by its management. As the city's health director pleaded with the campaign to postpone the rally amid spiking infections rates, and local residents and business owners went all the way to the state's Supreme Court to try and block it, the Trump Campaign was purposely making it less safe for rally attendees. The infection rate in Tulsa has continued to spike since Trump's under-attended Death Rally (where he had falsely bragged in advance that there wouldn't be "an empty seat"), as infection rates now continue to rise in at least 36 states after the largest single day increase across the nation on Friday.

Florida, Texas and Arizona, with Republican Governors who were among the first to reopen, are now seeing among the largest growth in infections and hospitalizations in the country. That, despite Republican Gov. Ron DeSantis' hubris-filled attacks on the media just weeks ago following an initial lack of new confirmed cases after reopening for Memorial Day and a now-embarrassing rant from Sean Hannity on Fox 'News' claiming that FL and NY "got it right", states like NY got it wrong (NY's infection rate was just 6% of Florida's on Friday) and that "the mob and the media....owe Gov. DeSantis a huge apology." Well, that didn't age well.

Then back to a bit more good(ish) news as the U.S. Supreme Court's Chief Justice John Roberts, for the third time in as many weeks, joined the Court's liberal wing on yet another major case --- well, mostly. It was enough, at least, to strike down an extremist anti-abortion measure in Louisiana, in any case. Had the attempt by state Republicans to insert Big Government in-between a woman and her doctor been upheld by the Court, it would have left the entire state of 4.6 million with just one single doctor legally allowed to perform the still-Constitutionally protected medical procedure.

We're joined today by one of our favorite SCOTUS corespondents, MARK JOSEPH STERN of Slate, to explain today's 4 to 1 to 4 opinion which resulted in the end of the state law requiring abortion doctors to unnecessarily obtain difficult-to-receive hospital admitting privileges. While abortion rights activists are breathing a sign of relief today, Stern explains, they likely won't have long to enjoy it. The Court with a stolen Republican Majority still appears hell bent on rolling back Roe v. Wade, he says.

While Roberts, in his own concurring opinion [PDF], effectively joined the liberals again today in striking down the Louisiana law --- again, maddening the right-wingers in the bargain --- he "is a very canny legal strategist, who still quite obviously opposes the Constitutional right to an abortion," Stern warns. In fact, what Roberts opinion today did was "leave us with a state of abortion jurisprudence that sort of rewinds the clock back to maybe 1992. Whereas, for the past four years, at least in theory, we have had a more robust protection of Constitutional rights."

With Roberts' new opinion, Stern reports, abortion rights proponents have actually lost some ground, even while the second "admitting privileges" law to find its way to the Court in four years was again struck down --- just like the previous virtually identical one out of Texas in 2016 (which Roberts then voted to uphold.)

The Chief Justice also voted recently with the Court's Democratic appointees to ban LGBTQ employment discrimination and in striking down Trump's rollback of DACA protections for hundreds of thousands of immigrant children who were brought here by their parents. So, why has Roberts seemingly become a "liberal squish" on three important landmark cases this session? Stern argues that he hasn't at all. Another ruling today regarding the Consumer Financial Protection Bureau (CFPB) in which the Court's rightwing 5 to 4 majority dreamed up new (non-existent) Constitutional powers for the Presidency, and a SCOTUS decision over the weekend to block absentee voting for all voters --- not just those 65 and older --- in Texas, in the middle of a pandemic, and in clear violation of the 26th Amendment, is just more evidence that the Republicans' stolen SCOTUS majority is still anything but "liberal", even after these three recent surprise opinions on LGBTQ rights, DACA and abortion.

Stern also offers his thoughts on whether Roberts would be voting as he has been of late if Justice Anthony Kennedy was still on the Court as its swing vote, and whether all of this suggests that the Court should now be expanded in response to theft of what should have been an actual liberal majority by now...

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

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State legislature codifies Governor's Executive Order, Voting Rights Groups' Motion to Intervene upends Republican 'voter fraud' allegations...
UPDATE 7/10/20: After voluntarily dismissing its lawsuit, GOP falsely declares victory...
By Ernest A. Canning on 6/24/2020 10:35am PT  

In a recent article, we described the GOP's legal challenge to the Executive Order issued by California's Democratic Governor Gavin Newsom --- directing CA election officials to timely submit vote-by-mail (VBM) ballots to every active registered CA voter for the November general election --- as "dubious", at best.

We noted that the GOP plaintiffs lacked standing to sue in federal court because Republicans cannot show they suffered a legally cognizable injury. We also noted that the GOP's core legal challenge --- that the Elections Clause to the U.S. Constitution only permits state legislatures, not Governors, to set the time and manner of conducting federal elections --- was at odds with settled Supreme Court case law and that legislative approval for the Governor's pandemic-related emergency Executive Order can be found within the provisions of the CA Emergency Services Act.

Last week AB-860 was passed by the state legislature (even with support from Republicans) to codify Newsom's Executive Order by specifically providing that VBM ballots be timely sent to every active registered voter in the state, even if the voter did not request one. It was signed into law this week by the Governor, rendering the GOP's core legal argument moot.

The new law will not only mandate a dismissal of the GOP legal filing but also eliminate the need for the court to grant the Motion to Intervene [PDF] that was recently filed by several voting rights organizations opposing the challenge by a number of Republican groups, including the California Republican Party.

CA Common Cause, League of Women Voters of CA and the Community Coalition seek to be added as Party Defendants in order to counter the GOP's effort to compel in-person voting --- a GOP effort that, if successful, would dangerously and unnecessarily expose the state's electorate to the risk of contracting a deadly virus, COVID-19. The portion of those organizations' motion, which demolishes the GOP's VBM "voter fraud" lies, however, warrants verbatim coverage...

[Republicans'] allegations echo long-debunked claims that associate mail-in ballots with voter fraud. In reality, mail vote fraud is virtually non-existent. Millions of Americans vote by mail --- one in four voters did so in the last two federal elections. Yet an exhaustive investigation found only 491 instances of mail vote fraud committed between 2000 and 2012, a period in which billions of votes were cast.

UPDATE 7/10/20: After U.S. District Court Judge Morrison England, Jr. dismissed the GOP's frivolous legal challenge following a Republican filing of a voluntary Notice of Dismissal, GOP Chairwoman Rona McDaniel falsely proclaimed that the Republican Party "scored a major victory against Gov. Gavin Newsom's illegal executive order." She attempted to bolster this falsehood with another lie --- that, before the GOP filed its legal challenge to VBM in CA, "Democrats planned to automatically send ballots to inactive voters, including people who have moved or died."

As we observed in a 6/5/20 update to an article that had covered the "dubious" GOP legal challenge, the Office of CA Secretary of State Alex Padilla stated that, pursuant to the Executive Order which Padilla and Gov. Newsom issued, VBM ballots would only be mailed to "active" registered voters.

"Only active registered voters will be mailed a vote-by-mail ballot. That is and has been the practice in California," Padilla's spokesman Sam Mahood said. Under California's Elections Code, Mahood added, "'voters with an inactive voter registration status do not receive elections materials.' That includes vote-by-mail ballots."

The only change to CA Election Law as it existed at the time the Executive Order was issued was the elimination of the requirement that voters first request a VBM ballot before one would be mailed to an
active" registered voter. Thus, at best Rona and the GOP had erected a straw man; erroneously claiming that the Executive Order required submission of VBM ballots to "inactive" voters.

* * *
Ernest A. Canning is a retired attorney, author, and Vietnam Veteran (4th Infantry, Central Highlands 1968). He previously served as a Senior Advisor to Veterans For Bernie. Canning has been a member of the California state bar since 1977. In addition to a juris doctor, he has received both undergraduate and graduate degrees in political science. Follow him on twitter: @cann4ing




Anticipated court rulings will determine whether Trump's corrupt political influence will expand from a compromised DOJ to the Judiciary...
UPDATE : Sharply divided Appellate Panel orders District Court to dismiss Flynn case. UPDATE 7/10/20: District Court petitions full DC Circuit for en banc rehearing. UPDATE 7/30/20: DC Circuit grants en banc review; vacates panel's order......
By Ernest A. Canning on 6/17/2020 11:33am PT  

This is about far more than the fate of Michael Flynn.

Last week, in an amicus curiae (friend of the court) brief [PDF], former federal prosecutor John Gleeson, a retired federal judge, together with a number of renowned attorneys and constitutional scholars, offered a scathing condemnation of the William Barr-led Department of Justice. Gleeson denounced the DOJ's "corrupt" and "politically motivated" effort to dismiss the long-running case against Flynn, Donald Trump's former National Security Advisor, who, the brief describes as a "political ally of the President."

The issue at stake in this case is not only on a matter of accountability for Trump's disgraced former National Security Advisor. It also entails a question of whether the corrupt political influence the President has exerted over an ethically compromised Attorney General will now flow into and compromise a co-equal branch of government, the federal Judiciary...

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




Guest: Longtime journalist, novelist Lucian K. Truscott IV on the uprising against Trump by his military leaders
Also: Callers ring in on why they decided to join the demonstrations across the country following the police killing of George Floyd...
By Brad Friedman on 6/8/2020 6:29pm PT  

On today's BradCast: Donald Trump is chastened by the Generals he once revered, and we open the lines to listeners who participated in the weekend's demonstrations against the killing of George Floyd and police abuse everywhere. [Audio link to full show follow below.]

First up today, a quick note or two on elections Tuesday in Georgia and West Virginia, Joe Biden clinching the Democratic Presidential nomination, and the still-spiking spread of COVID-19 as many states reopen for business too early.

Next, we're joined by LUCIAN K. TRUSCOTT IV, a West Point grad from a long line of military men, who has served as a journalist, novelist and screenwriter for some 50 years. Beginning in the 1970s at The Village Voice, he has covered stories from Watergate to the Stonewall uprising as well as wars in Lebanon, Iraq and Afghanistan. He is now a columnist at Salon where late last week, in a column headlined "We are witnessing the birth of a movement - and the downfall of a president" he covered what he described as the "extraordinary" pushback from current and former high-ranking military officials against Trump's plan to unleash the U.S. military to "dominate" protesters demonstrating against the killing of Floyd in Minneapolis, police abuse everywhere, and for the principle that Black Lives Matter. "These generals are not politicians, but all their statements are as political as any I've ever seen by senior officers, retired or active duty," he wrote. "It's the equivalent of lining up howitzers on Pennsylvania Avenue and aiming at the White House."

We discuss last week's remarkable turning point moment --- beginning with a stunning statement from Trump's former Defense Secretary, General James Mattis and including the leaked memo written by Trump's current Chair of the Joint Chiefs of Staff, General Mark Milley, as sent to the heads of all military branches --- which Truscott also believes suggests that the military will decidedly not side with Trump if he tries to use the armed forces somehow to undermine this November's never-more-critical Presidential election.

"I don't think we have anything to worry about now," says Truscott. "It's really almost like drawing a line in the sand in front of Trump. They're not going to take Trump's side in anything like that. The way [the military leaders] have recoiled from what Trump did last Monday night [when he ordered the clearing of Lafayette Square across the street from the White House for a bizarre photo-op in front of the historic St. John's Episcopal Church] is really all the evidence you need that these guys are standing up for the Constitution and not for President Donald Trump."

"They're shooting a shot over Trump's bow and saying, 'You better watch out what kind of orders you give.' Because I don't think they going to follow any un-American orders," Truscott tells me. "I have to say, a couple of weeks and months ago, I was a little bit concerned about what the military would choose to do. But I'm not concerned at all anymore."

We also discuss how the ongoing demonstrations following the killing of Floyd compare to those seen during the Civil Rights era, as well as his attempt --- as the great-great-great-great grandson of Thomas Jefferson --- to include the descendants of Sally Hemings in the Monticello Association's annual reunions of those descended from the author of the Declaration of Independence and 3rd U.S. President. Hemings was a slave with whom Jefferson is said to have had six children after the death of his wife. Truscott first invited Hemings' descendants to join the Monticello Association on the Oprah Winfrey Show in 1998. We discuss how that turned out in the ensuing years.

Finally, we open the phones to callers who took part in the massive demonstrations around the country over the weekend and in days previous. Why did they decide to march? What did they learn? Why did they decide to not march, in some cases, and how the current movement for equal rights and justice for all compares to similar mass demonstrations in past eras (by those callers who participated in some of those as well!)...

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

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Appeals court previously found state's new poll tax unconstitutional
UPDATE, 7/1/20: Appellate Court expedites DeSantis appeal; sets oral arguments for Aug. 10; grants en banc review and stays the injunction...
By Ernest A. Canning on 6/5/2020 10:35am PT  

Last week, Florida's Republican Governor, Ron DeSantis, announced that he would legally challenge a federal court decision that would, with the exception of those convicted for murder or sexual offenses, permit most former felons in the state to register to vote prior to the November 3rd Presidential Election. "It will go to the 11th Circuit," DeSantis said, adding in Trump-like language: "We will see what happens."

The good news is that, at least with respect to the U.S. 11th Circuit Court of Appeal, the chances that DeSantis will prevail can be rated at somewhere between slim and none. The bad news is that, even with the benefit of U.S. District Court Judge Robert L. Hinkle's erudite 125-page decision in Jones v. DeSantis, the voting rights organization plaintiffs (League of Women Voters and the NAACP) may find it extraordinarily difficult to register those otherwise eligible former felons in time to cast a vote in the upcoming General Election due to the adverse impact of COVID-19.

But, as to the good news for the moment, a statute that may appear constitutional on its face can then be rendered unconstitutional by the manner in which it has been applied by a state agency. The background and the history of this case, as well as Judge Hinkle's "as applied" reasoning, help to explain why his decision will likely be upheld by the 11th Circuit...

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




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