Biden EPA grants CA waiver to phase out all-gasoline cars; Microplastics linked to cancer; PLUS: GOP plan to expand natural gas exports would drive up prices for Americans...
Guest: Joshua A. Douglas on voting laws and a President's power to change them; Also: House panel to release Gaetz report; Trump's plan for reversing Biden climate, energy initiatives...
'Apocalyptic' cyclone slams Indian Ocean island; Malaria on the rise; Swiss ski resort gives in to climate change; PLUS: Biden EPA finally bans cancer-causing chemicals...
THIS WEEK: Kashing In ... Billionaire Broligarchy ... Slow Learners ... Exiting Autocrats ... and more! In our latest collection of the week's best toons...
Firefighters struggle to contain ferocious Malibu wildfire; The planet is getting drier, new study finds; PLUS: Arctic has shifted to a source of climate pollution, NOAA reports...
Syria falls, S. Korea on the brink, Romania to rerun Prez election after Russian interference; Callers ring on whether Biden should issue preemptive pardons...
THIS WEEK: What Mandate? ... Cabinet Medicine ... Concept Plans ... Pardon-pocrisy ... and more! In our latest collection of the week's itty bittiest toons...
U.N. court to rule on landmark climate case; NC town sues Duke Energy for deception; S. Africa blocks new coal plants; PLUS: Global warming driving drought in U.S...
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...
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...
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...
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...
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...
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...
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...
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...
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...
On today's BradCast, the world reacts to Donald Trump's alarming threat on Tuesday to rain down "fire and fury like the world has never seen before" on North Korea, if they continue to threaten the U.S. with nuclear weapons. [Audio link to show follows below.]
North Korea further threatens an attack on a U.S. airbase in Guam and describes Trump as "bereft of reason" on whom "only absolute force can work"; U.S. Sec. of State Rex Tillerson tries to calm frayed nerves, promising “Americans should sleep well at night," during a stop-over in the island U.S. territory; some in Congress pretend to assert Constitutional authority for a preemptive strike on North Korea (maybe they should have thought about that when they lauded his unconstitutional bombing in Syria several months back), the President tweets a few lies about himself and the U.S. nuclear arsenal, and the nations of the world try to determine what the hell Trump was actually thinking, if anything, with his reckless "improvised" remarks.
For our part, we cover all of the above and open up the phone lines to callers to get their take on which madman with nuclear weapons, North Korea's Kim Jong-un or U.S. President Donald J. Trump, they are most worried about.
Then, Desi Doyen joins for the 800th episode of our Green News Report!...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Constitutional expert Ian Millhiser; Also: Senate vows ObamaCare repeal vote; Dems unveil 2018 plan, put 'single-payer on the table'; Healthcare fight moves U.S. to the left; Impeachment getting popular...
On today's BradCast, the turmoil continues in the Senate over the GOP undead attempt to repeal health care for millions, and in the White House where Team Trump faces the ongoing investigations of the Dept. of Justice's Special Counsel. [Audio link to complete show follows at end of article.]
A new analysis out late Friday from the U.S. Senate Parliamentarian suggests that a number of provisions in the GOP's scheme to repeal and replace ObamaCare may not pass muster under Senate rules for passage under 'budget reconciliation' with just a 51 vote majority. Instead, 60 votes may be needed, in which case, the scheme may be in even more trouble than it already appears. Or, Senate Republicans could simply try to kill the legislative filibuster instead. Either way, Majority Leader Mitch McConnell is promising a vote to proceed on Tuesday, even though it remains unclear exactly what Senators will be voting on.
At the same time, Democrats are unveiling their own scheme ("A Better Deal") to try and win back voters in 2018. Comments over the weekend from Democratic Senate Minority Leader Chuck Schumer suggest that the passionate advocacy from progressives for a "Medicare-for-all" style system (single payer) or, at least a public option for health care insurance, may finally be moving the party establishment.
Meanwhile, Donald Trump continues publicly attacking his own Attorney General Jeff Sessions and talking about Presidential pardon powers for some reason. But some of those powers, contrary to conventional wisdom, may not be as absolute as he and others have argued, including the power to pardon himself. We're joined by author and Constitutional law expert IAN MILLHISER, Senior Editor of ThinkProgress Justice, to discuss legal assessments from the Nixon era though the Clinton era through now, in regards the power of the Presidential pardon, and the dangers that power could present for Donald Trump himself if he chooses to exercise it for some of his close aides and family members.
Among the man related questions and "myths" discussed: What dangers lurk for the President from those he may pardon? Can the President really pardon himself? Can a sitting President be criminally indicted?
But, of course, much remains unknown when it comes to the various extraordinary ways we are discussing the power of the Presidential pardon, of late, because the U.S. Supreme Court has not rung in on most of it. That's because, as Millhiser notes, "most Presidents don't commit federal offenses when they're in office."
"Here's what this really comes down to: Everyone has assumed that the President would be capable of shame. I'm dead serious about that. Why did Nixon resign? He resigned because he was capable of shame," Millhiser argues. "Everyone assumes that if the President somehow was not capable of shame, then the Congress would be capable of shaming him. When you go back and you read James Madison or Alexander Hamilton, they did not understand the inevitability of political parties," Millhiser argues. "So the Constitution was written on this assumption that you've got all these ambitious people in Congress...and so if you've got a rogue President, they'll all band together to throw that President out because it's good for their careers. They did not understand that, in 2017, we would have the kind of extraordinary partisanship we have right now, where you have a President who is incapable of shame, and you have Congress controlled by the President's party, which is unwilling to do anything to undermine its party's President. Our Constitution is not fit for this set of circumstances."
Finally today, in related matters, the public is much more in favor of impeachment now than they were at the start of the Watergate scandal, four years and six months into Richard Nixon's term as President. And, speaking of public interests, it appears the GOP attempt to undermine ObamaCare has resulted in many more Americans believing the federal government has a responsibility to ensure health care coverage for all...
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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On today's BradCast: Another roller-coaster as Trump's war on his own nation and its people takes several dark and/or ominous turns. [Audio link to show follows below.]
We continue to move closer to the coming Constitutional and political crisis we discussed yesterday, as shakeups in the Trump Administration and in his legal team rocked D.C. and the nation. Embattled Press Secretary Sean Spicer resigned on Friday in protest of the hiring of Fox 'News' contributor, Wall Street financier and former Goldman-Sachs executive (yes, yet another one) Anthony Scaramucci as new White House Communications Director.
Late on Thursday, Marc Corallo, the spokesman for Trump's legal team, also quit in protest of infighting among attorneys and White House officials and, specifically, due to the Administration's plan to go to war against Special Counsel Robert Mueller who is leading the Justice Department's investigation of Team Trump. At the same time, Trump appears to be going to war with the rule of law itself as the likelihood of firing Mueller and others at the Justice Department seems to be increasing each day (hour?) while the probe focuses in on Trump family finances. That has reportedly led the President to inquire about his own power to pardon staffers, family members and even himself.
Meanwhile, amidst all the noise, Senate Republicans press ahead toward votes on repealing and replacing ObamaCare (or just repealing it) in the coming days, despite questions about whether they have enough support for passage. But while Trump has, at times, called for letting the Affordable Care Act "fail" if it can't be replaced by Republicans in Congress, more and more evidence is piling up to reveal that his Administration is not just letting it fail, but actively trying to make it fail.
ELIZABETH HAGAN, Associate Director of Coverage Initiatives at Families USA, a non-partisan health care advocacy group, joins us to detail the number of ways the Administration is now, aggressively and affirmatively (and possibly unlawfully) attempting to sabotage the ACA itself, and putting at risk millions of Americans who have gained access to health care coverage, thanks to the landmark law.
"Without repealing and replacing the Affordable Care Act, there are a lot of things that the Trump Administration can do to undermine the law," Hagan says, detailing the effect of the Administration's cancellation of contracts this week, for in-person sign-up assistance in 18 major cities. "Consumers that have in-person assistance are twice as likely to successfully enroll as those who didn't. And I would argue that that's probably even more likely now, given all the rhetoric and attempts to undermine the law going on."
"I think it is clear that this is part of a larger effort to sabotage and undermine the Affordable Care Act, absolutely," she tells me, as we detail a number of those efforts recently reported, including changes to the Health & Human Services (HHS) and HealthCare.gov exchange websites to make sign-ups more difficult, cutting days for the open enrollment period in half for 2018, cancelling advertisements for the enrollment period, and even spending tax-payer money on propaganda videos meant to convince Americans that the law is failing, when it isn't.
"The ACA is doing well," Hagan argues, citing a great deal of evidence to support the case. "A lot of the insurance companies are finally seeing a more stable market, and the only instability that they're seeing is due to the Trump Administration."
Finally, Desi Doyen joins us for the latest Green News Report amidst the newly record-breaking heat of 2017, California's ambitious if controversial extension to its landmark cap-and-trade emissions law, and the President announces 45,000 new mining jobs in just his first six months of office! (In fact, there are only 800, which is 500 fewer new coal jobs than in the final six months of Obama's Administration.)
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: R.L. Miller, climate hawk Dem, on opposition to the CA bills | Also: Big Oil faces big new lawsuits; State Dept. shutting down war crimes office; Latest GOP health care repeal takes insurance from 32 million...
On today's BradCast: U.S. war atrocities and California's fight against global warming. [Audio link to show follows below.]
The State Department is reportedly planning to close their office that investigates war crimes. That may come in handy for Donald Trump, as his campaign promise to "bomb the shit out of 'em", appears to be working. A startling new report from international analysts finds the U.S. has killed twice as many civilians in Iraq and Syria during Trump's first six months in office, compared to the previous three years of war against ISIS under Barack Obama. The U.S. air war is now killing, on average, 12 or more civilians per day in those two countries alone --- with 2,200 said to have been killed since Trump took office --- and neither Republicans nor Democrats are willing to even debate the issue in Congress.
At the same time, House Republicans have stripped Rep. Barbara Lee (D-CA)'s amendment repealing the 2001 Authorization for Use of Military Force (AUMF) from the Defense Authorization bill, despite the amendment's bi-partisan adoption in a House Committee late last month.
Meanwhile, on the heels of Trump vowing to pull the U.S. from the landmark Paris Climate Agreement, California and its Democratic Gov. Jerry Brown have stepped up to fill the leadership vacuum Trump has left behind in the battle against global warming. Two counties in the San Francisco Bay area and a city in Southern California have filed what are being regarded as landmark lawsuits against 37 of the world's largest oil and coal companies. The plaintiffs charge the companies --- including Chevron, ExxonMobil, BP, Shell and others --- have known about the climate change dangers of their products for some 50 years, but have covered it up. They are filing similar claims as those brought successfully against the tobacco industry in the 90's.
Moreover, after a bruising battle, this week the CA state assembly adopted a bipartisan package of climate bills that would, among other things, extend California's cap-and-trade legislation to curb the emission of carbon dioxide and other greenhouse gasses through 2030. While some are describing the legislation, which passed both houses with two-thirds majorities, as a "stunning" bipartisan victory, many environmentalists are unhappy with the bills they fought bitterly against.
R.L. MILLER, the elected chair of the CA Democratic Party's Environmental Caucus and founder of Climate Hawks Vote, is one of those who opposed the bills. She joins us to explain why. As she describes, even though the state has radically reduced emissions levels in recent years and has enacted one of the toughest targets to curb greenhouse gases, the newly adopted extension of the state's Cap-and-Trade program through 2030 was drafted to disproportionately meet the concerns of oil companies, and will result in restrictions on local regulations.
"The problem with it is that the people who live next to the refineries in California have correctly pointed out that this is not doing a darn thing to make their lives any better. And they live in California. And they vote. And they're mad," she tells me, going on to argue that the new measures "will not enable us to meet our 2030 goals."
Also today: The non-partisan Congressional Budget Office finds the ObamaCare repeal bill Senate Republicans are now promising a vote on next week, despite opposition from their own caucus, would result in 32 million Americans losing health care, including 17 million losing coverage next year alone...
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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On today's BradCast: I'm back! With huge thanks to Angie Coiro for filling in for us over the past week! But, if you thought the June 20th U.S. House Special Election in Georgia's 6th District was over, well, it's not quite yet, as our guest today, one of the plaintiffs in the Election Contest filed last week in state court, seeking to overturn the results, makes clear. [Audio link to show is posted below.]
But first, the G-20 Summit which wrapped up over the weekend in Hamburg, Germany made very clear that it is now the U.S. (or, more accurately, the Trump Administration) against the world. Old allies like Germany, France and Great Britain are forming new alliances with nations like China, to move ahead without the U.S. in the wake of the Trump Administration's plan to pull out of the landmark Paris Climate Agreement to curb the man-made release of greenhouse gases that cause global warming.
Meanwhile, back here at home, Democrats continue to wring their hands about what they believe to be a hacked or otherwise manipulated Presidential election in 2016, even while failing to do anything about voting systems that are easily hacked, manipulated and otherwise 100% unverifiable.
With major security concerns about last month's U.S. House Special Election in Georgia's 6th Congressional District --- where Democrat Jon Ossoff reportedly lost to Republican Karen Handel by 4 points after leading in virtually all of the pre-election polls --- you'd think Dems would be raising holy hell about the fact that Georgia still uses 100% unverifiable voting systems. That is particularly alarming in Georgia, since the state was recently discovered to have kept the passwords for those easily-manipulated 100% unverifiable Diebold touch-screen voting systems (along with the state Voter Registration databases and much more) on a completely unprotected web server for at least 7 months between August of last year and March of this year. The revelation regarding the massive security breach reported just days before the June 20 election at Kennesaw State University --- which has long been contracted to program all of the state's voting, tabulation and voter registration systems. That breach, we have since learned, only became known after the data was found and downloaded by at least two different cybersecurity researchers in those seven months.
But while the DNC seems to be "moving on" despite the unverifiable reported results of the the most expensive U.S. House race in history (in which the only verifiable votes in the race, the paper absentee ballots, reported Ossoff defeating Handel by a nearly 2 to 1 margin), a multi-partisan group of voters in the state of Georgia has now filed an election contest [PDF] in court, seeking to void the results and hold a new election on verifiable paper ballots.
I'm joined today by one of the plaintiffs in the suit, MARILYN MARKS, a former Republican candidate for office, longtime election integrity advocate, and Executive Director of the Coalition for Good Governance. We discuss the group's legal complaint, why they are filing it, what they hope to achieve, and if the GOP-majority House of Representatives will move to have her case tossed out of court on Constitutional jurisdictional grounds (as has been the case in similar Election Contests in recent history.)
The state's unverifiable equipment should lead the court to void the results of election, she argues, since it "absolutely cannot meet Georgia's statutes right now and it cannot be used going forward, not even in the municipal elections coming up in November."
Moreover, Marks explains, "we are asking that the court order Sec. of State [Brian] Kemp to re-examine the equipment, just as citizens [and more than two dozen world class computer scientists and e-voting experts] had asked back in May, before the June election...He refused."
She adds that "we want to see these paperless, unverifiable, anybody's-guess-who-won equipment gone from Georgia," and by "we" she means a coalition of Democrats, Republicans and the head of the far-right Constitution Party, who are plaintiffs in the suit. "We have members of our Coalition for Good Governance who literally also campaigned for Karen Handel, who very much support this lawsuit. So, it wasn't just about winning. They believe we're doing the right thing, even though it may very well overturn their candidate's victory. "
"Georgia is the poster child for unbelievably lax security and inviting in, with a welcome mat, any bad actors who want to walk in. Our experts have said...one after the other after the other, 'Look, the security is so lax in Georgia that you must presume the system has been compromised, you cannot rely on the votes coming out of these machines,'" Marks tells me.
But will Congress intercede to block the suit, as they have in the past after the declared winner has already been seated? (See their letter from 2006 here [PDF] that resulted in a contested U.S. House election in CA being dismissed by the court.) And why, by the way, are Democrats (and Republicans, for that matter) so resistant to stand up and demand elections and results that are overseeable by the public? I discuss all of that and much more with Marks today...
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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[This article was supposed to run last week, just after this video was released. But, alas, I dropped the ball in publishing it for Ernie before leaving town for the week! My apologies. But, of course, it's never too late to call out the "terrorist enabling" NRA. So, here ya go. - Brad]
By way of this deeply troubling recruitment video, Dana Loesch, the unhinged spokeswoman for the "terrorist enabling" National Rifle Association (NRA), may have crossed the line between protected free speech and unlawful incitement aimed at producing imminent violence against the many non-violent demonstrators who've taken to the streets as part of the resistance to the Donald Trump/GOP fascist-like, anti-egalitarian agenda.
In the video, Loesch, a former Breitbart "News" editor, who once equated feminism with advocacy for "female genocide," attempts to erect a picture of an ominous, violent leftist threat to "law abiding citizens," by which she means mostly white, often well-armed NRA card-carrying Trump supporters...
On today's BradCast, the stolen U.S. Supreme Court begins to pay dividends for Republicans and the GOP's deadly Senate healthcare legislation continues to take much-deserved heat from all sides, including doctors, Nobel laureate economists and now the non-partisan Congressional Budget Office. [Audio link to show is posted below.]
But, first up today, Kansas Sec. of State Kris Kobach, the long-time "voter fraud" fraudster who has been tapped to head up President Trump's so-called "Election Integrity Commission" (actually, a voter suppression commission), has been sanctioned by a federal court for "deceptive conduct" in the ACLU's case against his attempted proof-of-citizenship voter registration restrictions. That's almost the best news we have on tap today, though we do manage to find a few bright spots here and there.
Meanwhile, the U.S. Supreme Court session came to a close on Monday, with the Court allowing some of Trump's Executive Order "travel ban" to be implemented in advance of a full hearing now scheduled for next October, when the Court's new session begins, in what my guest today describes as a "qualified victory" for the Administration. The Supremes also issued a ruling today requiring state officials to allow same-sex parents to be listed on birth certificates, and scheduled a hearing for next session regarding businesses who choose to discriminate against same-sex couples, in what my guest, legal journalist MARK JOSEPH STERNof Slate.com, describes as a case that could seriously imperil non-discrimination laws for the LGBTQ community and become a full-blown "constitutional catastrophe" in the bargain. Stern argues that the birth certificate opinion reveals the position of Justice Neil Gorsuch ("he of the stolen seat"), to be "a surefire vote against LGBTQ rights" and "just as bad" as the late Antonin Scalia on such matters.
Then, with a new study from AP finding extreme partisan gerrymandering accounted for some 22 Republican U.S. House victories in 2016 and untold number of GOP state legislative victories, we discuss SCOTUS announcements from last week in two free-speech cases and a related Court ruling issued on a rather massive case of unconstitutional partisan gerrymandering in Wisconsin.
That case, as Stern describes, could have an impact on American elections as far reaching as Citizens United but, depending on how the Court rules, in a positive direction for those of us who give a damn about free and fair democratic representation and elections. On the other hand, if the stolen majority on the Court decides the wrong way, it could result in our embarrassing system of "democracy" becoming even more so.
Finally today, we close with a much needed laugh regarding some "100% unverifiable" listener email...
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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In his April 1963 Letter from a Birmingham Jail, Dr. Martin Luther King, Jr., lamented: "Justice too long delayed is justice denied". No case underscores the civil rights icon's assertion better than the years long fight by North Carolina Republicans to keep unlawfully gerrymandered state and Congressional district maps in place, long after they've been repeatedly found by courts to be in violation of the law and the Constitution.
The tortured history of Covington v. North Carolina --- a "successful" challenge to the illegal racial gerrymandering of 28 of North Carolina's state House and Senate Districts --- exposes the injustice occasioned by Republican tactical delays. It is a strategy that, thanks to those racial gerrymanders, permitted Tar Heel State Republicans to retain overwhelming majorities in the legislature following last November's General Election –- 34-16 in the state Senate and 74-45 in the House --- even though, in the very same statewide election Democrats Roy Cooper and Joshua Stein were respectively elected governor and attorney general.
But a recent ruling by the U.S. Supreme Court should finally result in new maps, and Special Elections under them, in the Tar Heel State, where the maps have been in place for elections since 2012. Recent legal precedent and a political realignment are on the side of those seeking to force the state to finally carry out those new elections in 2017, rather than waiting for the 2018 mid-terms...
On today's BradCast, things are not going well in the judicial system for Donald Trump. And, an election-related whistleblower joins us to offer insight into the undoubtedly agonizing decision of another election-related whistleblower who was arrested just last week. [Audio link to show follows below.]
The week is not starting off well for Trump in the courts. A second U.S. Court of Appeals has now upheld lower court rulings blocking his second Muslim "travel ban" Executive Order. The 9th Circuit Court of Appeals echoed a similar finding by the 4th Circuit Court of Appeals late last month. The new court loss comes on the same day that the Attorneys General of Washington D.C. and Maryland filed a lawsuit against Trump's alleged violations of the U.S. Constitution's Emoluments Clauses, prohibiting elected officials like Trump from receiving payments from foreign and state governments.
But he may have won one in Georgia where, late last week, a state judge denied and dismissed [PDF] a complaint [PDF] and motion for a Temporary Restraining Order [PDF] seeking to demand paper ballots at the polling place for next week's much-watched (and most expensive ever) U.S. House special election. That, as voters will still be forced instead to use 100% unverifiable Diebold touch-screen voting systems at the polling place instead.
Then, speaking of elections and Diebold's unverifiable touch-screen systems, we're joined by "Diebold Document Whistleblower" [PDF]STEPHEN HELLER who, while working at a law firm in 2004, discovered the company and its attorneys were lying to the state of California about having illicitly installed uncertified hardware and software into its unverifiable voting systems that were, back then, allowed for use in the state. The touch-screen voting systems were decertified by the state following Heller's disclosures, but he paid a stiff price for sharing attorney-client privileged documents with the media. The same system he blew the whistle on in 2004 will be use in Georgia for next week's Special Election, and Heller offers thoughts on that issue.
But Heller joined us specifically today to share his unique perspective on another election-related leaker/whistleblower, 25-year old NSA contractor and Air Force vet Reality Leigh Winner. Her arrest comes on the heels of the release of U.S. Army whistleblower Chelsea Manning, whose 35-year sentenced was commuted by President Obama before leaving office, to the seven years Manning served since her conviction.
Winner was charged [PDF] last week under the 1917 Espionage Act for leaking a "Top Secret" NSA analysis to the press, which asserted that, prior to last year's election, Russian intelligence had used spear-phishing attacks to try and gain access to the computers of election officials around the country. Those same computers are often used to program voting systems, tabulators and voter registration databases. Under the espionage charges, Winner will not be allowed to make her case to the jury as to why she leaked the classified materials, nor explain how she believed them to be in the public interest, said fellow NSA-contractor turned whistleblower Edward Snowden last week.
Heller offers his own insight into the difficult decision he believes Winner faced when deciding to leak the documents, and explains why whistleblowers like him are often forced to decide to do the wrong things for the right reasons. "I felt that the crime of violating attorney-client privilege in this single, isolated, discrete instance, was worthwhile --- that I had to get this information out to the public so that the people of California and the rest of the country would know that this corporation was diddling our elections," he tells me.
"I think the message in both Ms. Winner's situation and mine is essentially the same --- our elections are under attack. And we Americans can't be complacent. We must protect our elections. Keep them clean, fair, open, untainted either by corporations or foreign nations or our own politicians and elections officials."
"What is illegal is not always wrong," Heller goes on to explain, from his unique perspective on the agonizing choices that folks like him and Winner (and Manning, and Snowden, et al) face when deciding to do what they did. "There's no question that if she did indeed leak these documents, as is alleged, that was illegal. But is it wrong? Reasonable minds may disagree."
Lots of stuff in my conversation with Heller (who, by way of full disclosure, has become a friend and occasional BRAD BLOG contributor in his years since blowing the whistle on Diebold) is worth tuning in for today. Much more than I can detail here!
Finally, a major energy utility company in Virginia tries to help choose the winner of the state's Democratic gubernatorial primary on Tuesday, and an otherwise Trump-loving Fox "News" anchor charges Trump's problem isn't fake news or the media, it's Donald Trump...
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On today's BradCast, it's great to be back live at our flagship Los Angeles affiliate station, KPFK on the Pacifica Radio Network in Los Angeles after their recent fund drive. So we throw open the phones to listeners in celebration after several insanely busy news weeks! [Audio link to show is posted below.]
But, first, former FBI Director James Comey released his prepared statement [PDF] in advance of his much-anticipated testimony on Thursday before the U.S. Senate Intelligence committee. In the remarks, Comey details a number of his one-on-one meetings with and phone calls from Donald Trump, including the infamous "loyalty dinner" at the White House in late January and the similarly-infamous early-February meeting in the Oval Office, the day after National Security Adviser Michael Flynn was forced to resign, where Comey charges that he was asked by the President to end the FBI's investigation of Flynn.
We review the details of that prepared testimony, including Comey's confirmation that he did, in fact, indicate to Trump on three different occasions that he was not personally being investigated by the Bureau at the time. Trump's personal attorney cites that testimony to claim the President is "completely and totally vindicated" by it. Others, however, regard the testimony as "explosive" and as confirmation that Trump attempted to obstruct justice.
Also today, more on the leaked NSA analysis charging that Russian intelligence attempted to access the computers of election officials around the country after successfully sending spear-phishing emails to employees at a private voter registration firm. That rather rudimentary hacking effort just before last year's election, no matter who did it (as explained in much more detail on yesterday's show), may have allowed access for the intruders to the computers that program voting machines, results tabulators and voter registration systems around the country. Also, NSA whistleblower Edward Snowden's offers a response to the arrest of the alleged leaker, Reality Leigh Winner, and the charges filed against her under the 1917 Espionage Act.
Then, as just-retired Dir. of National Intelligence James Clapper charges "Watergate pales...compared to what we're confronting now," we take calls on all of the above and whether listeners believe Democrats should begin impeachment proceedings against Trump (as The Nation's John Nichols argued earlier this week on the show) or at least promise such proceedings if they are elected to the majority in Congress in 2018. We received some rather surprising answers to that question from callers, as well as in regard to the charges filed against Winner!
Finally, we're joined by Desi Doyen with the latest Green News Report on the swift and global fallout following Trump's decision to pull the U.S. out of the historic Paris Climate Agreement...
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On today's BradCast: How Donald Trump continues to be his own worst enemy (and, arguably, the world's) and the case for why Democrats should declare themselves "the accountability party" and immediately begin the effort to impeach the President of the United States. [Audio link to show follows below.]
First, the fallout from Trump's decision to pull out of the Paris Climate Agreement continues as, CNN reports today that the Acting U.S. Ambassador to China, a 27-year career foreign service officer, has resigned over the decision. But he's not the only American diplomat Trump seems to have upset of late, as the acting U.S. Ambassador to the U.K. was also forced to publicly take sides against Trump following the weekend terror attacks in London.
At the same time, Trump seems determined to make certain he loses his own Department of Justice's appeal to the U.S. Supreme Court to restore his second Executive Order "travel ban" which has been put on hold, repeatedly, by federal courts from Maryland to Hawaii. In a weekend long Twitter tirade, continuing through Monday, the President offered one incriminating statement after another, blasting both the courts and his own DoJ, in a series of statements that will almostly certainly be held against him and his own Solicitor General's case to lift the current injunction on his ban.
Trump also thought it wise, for reasons few can figure out, to disparage (now, at least twice!) the Mayor of London following the attacks in Britain on Saturday. And while Trump had plenty to say about London, it should be noted he had far less to say last week after two American men were killed defending Muslim women from an anti-Muslim tirade by a self-proclaimed "patriot" on a train in Portland, Oregon.
Moreover, Trump has, so far, had absolutely nothing to say following a mass shooting rampage on Monday morning in Orlando, Florida. That attack, with a semi-automatic pistol, allegedly carried out by a white, non-Muslim American, killed five of the shooter's former co-workers, all said to have been shot in the head multiple times by the assailant who then killed himself. Some suicide attacks, it seems, are worse than others to this President and his party which continue to insist on making firearms easier to obtain, even by the mentally ill.
Then, as Trump's approval ratings continue to fall, and a plurality of Americans, according to at least one poll, support his impeachment, we're joined by progressive author and journalist John Nicholsof The Nation who argues that the time to begin the effort to impeach Donald Trump is now. Nichols details his case for impeachment, from both a Constitutional and historical point of perspective, and offers just some of what he believes should be investigated during impeachment proceedings in the U.S. House of Representatives.
"Congress doesn't have to wait" for the DoJ Special Counsel to complete its own criminal investigation, Nichols tells me. "In fact, it shouldn't wait...to allow the office of the Presidency to be polluted, to be undermined, to be warped in a way that might harm the country."
"Virtually half --- and I suspect after recent events it may get higher --- of Americans now say that the President should be impeached," he argues. "I know that a lot of people would like to begin with the list of particulars of what Trump did. But the fact that there is mass popular support for impeachment, [that's] the place at which we ought to begin. A representative branch of government should respond to that. It should recognize that there are tremendous numbers, tens of millions of Americans, who believe that this guy is governing in a way so atrocious, so damaging, that action should be taken to remove him from his position."
"We ought to stop fetishizing the impeachment power and start recognizing that it is a tool of governance that was established to make government work better. Not to create a Constitutional crisis, but to address the potential of a Constitutional crisis," Nichols says.
"If Democrats are serious about politics, they have to be about accountability," he tells me. "I think when you take [impeachment] off the table, as so many Democratic leaders have suggested we should, you really disarm. You put yourself in a position where holding a President to account is left to chance, left to long term processes that lack the urgency that the American people would like to see."
So, should Dems go so far as to promise impeachment to voters if they are elected to the majority in Congress in 2018? Or does such a promise risk political blow-back making it harder for them to take majorities in the House and Senate in the first place? And, frankly, should that even matter? We discuss all of that and much more along those lines today, and also the national Democratic party's failure to adequately support their own candidates in special U.S. House elections in recent weeks, in both Kansas and Montana, and whether they've learned any lessons on that in advance of still more U.S. House special elections set for both Georgia and South Carolina later this month...
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On today's BradCast, one of the most amazing candidate meltdowns ever seen (or, in this case, heard) and how the Speaker of the House hopes to look the other way in the event that he wins anyway. But that's just the tip of today's news iceberg(s). [Audio link to show posted below.]
In one of the most remarkable Election Eve unravelings ever by a U.S. candidate for...pretty much anything, Republican U.S. House candidate Greg Gianforte melted down on the eve of what should have been an easy victory in his statewide Special Election for Montana's only U.S. House seat against Democratic candidate Rob Quist. Instead, in an incident caught on stunning audio tape and witnessed by Fox "News" reporters, Gianforte "body slammed" a Guardian reporter, has been charged with assault, and saw his newspaper endorsements rescinded on the night before voters went to the polls on Thursday.
But many voters already cast their vote by absentee ballot by time of the Wednesday incident, and House Speaker Paul Ryan suggests he'll accept whatever results are reported from the election. That, as I explain today, conveniently ignores Congress's Article 1, Section 5 Constitutional right (and duty) to determine who is actually seated in the House of Representatives. It's a right they have exercised on a number of other controversial elections in the past, so surely Ryan is familiar with that. But, of course, we'll soon see (hopefully) who voters in Montana have decided they want for their only Representative in the U.S. House.
At the same time, it was another enormous news day in which Donald Trump's second attempted travel ban Executive Order was blocked, yet again, this time by the full U.S. 4th Circuit of Appeals. His Attorney General Jeff Sessions has announced he will appeal the case to the GOP's stolen U.S. Supreme Court.
Also today, yet another embarrassment for the Trump Administration, which was publicly taken to task by British Prime Minister Theresa May for leaking British intelligence to media regarding the UK's Manchester Bombing investigation. The leaks not only invoked the wrath of (and temporarily stopped intelligence sharing from) the United States' closest ally, but it was hardly the only highly sensitive information recently and inappropriately disclosed to friend and foe alike by Trump and/or his Administration in recent days.
And, in a (related) news item we didn't get to yesterday, after disclosing the whereabouts of two U.S. nuclear submarines, it appears Trump actually praised Philippines President Rodrigo Duterte during a recent phone call for the "unbelievable...great job" he has done on that nation's drug epidemic --- in which thousands of people have been murdered in a brutal extrajudicial campaign carried out by Duterte's police force.
Finally, Desi Doyen joins us with a jam-packed Green News Report, before still more news breaks at the buzzer, reportedly finding Trump's top adviser and son-in-law Jared Kushner 'under FBI scrutiny' in the Bureau's ongoing Trump/Russia probe...
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On today's BradCast, yes, like yesterday, more huge breaking news mid-show. [Audio link follows below.]
But before we get to that, today, controversial, extremist and, perhaps, insane Milwaukee Sheriff David C. Clarke claimed today that he has been appointed to a position in Donald Trump's Dept. of Homeland Security. If true, his appointment would be disturbing. Not only given the number of people who have died in his jail cells, but also because he has, literally, called for about a million people in the U.S. to be rounded up and shipped off to Gitmo, indefinitely, without attorney or trial. Really.
Then, the fallout from yesterday's huge mid-show breaking news concerning the report that, in February, Donald Trump asked then FBI Director James Comey to end the Bureau's investigation of Trump's former National Security Adviser Michael Flynn. Republicans, both last night and today on Capitol Hill, are having trouble grappling with and/or responding to the news, though at least one GOP Senator, John McCain, compared what's now going on to Watergate. And committees in both the House and Senate have now asked to see the Comey memos said to document his private meetings with Trump.
And, along with all of that, the phrase "Obstruction of Justice" is being heard more and more regarding Trump's apparent efforts to shut down the FBI's probe into his campaign associates alleged coordination with Russia during the 2016 Presidential election. So, we are joined today by former Asst. U.S. Attorney, now Professor Randall D. Eliasonof George Washington University Law School to discuss what "Obstruction of Justice" actually means, in both the criminal sense (as it might apply in an indictment) and in the political sense (as it might apply in Articles of Impeachment) Eliason recently discussed both applications in a lengthy article at his Sidebars Blog.
"The important thing," he tells me today, "is to distinguish between Obstruction of Justice in the broader sense --- the way the term gets thrown around a lot --- and the more narrow criminal sense of an actual criminal violation that fits the Obstruction of Justice statutes. That's a much higher standard to prove beyond a reasonable doubt, all of the elements of an actual crime, as opposed to a more general claim that the President is kind of violating all these norms and rules and traditions that we have about not interfering with ongoing investigation, appearing to pressure the FBI Director, things like that."
The key issue, Eliason explains, is whether there was "corrupt intent" in the many different incidents that now appear as Trump's obstruction. "It's not enough if the President does something that just has the effect of hurting the investigation, as a kind of side effect. The prosecutor would have to show that was what he set out to do --- he had the wrongful and deliberate intent to try to thwart, in [the Flynn] case, the ongoing grand jury investigation."
As to the use of Obstruction of Justice as used in Articles of Impeachment against a President, there is a different standard, which Eliason also explains. We discuss the cases (and defenses) being built for both types of obstruction, whether a sitting President can actually be indicted on criminal charges, and also the meaning of another phrase being bandied about of late: "abuse of power".
In the course of the conversation we also discuss the likelihood of impeachment and the potential application of the 25th Amendment remedy as a way to remove Trump from power and the need for a Special Counsel to be named by the Dept. of Justice.
No sooner do we complete that conversation, than the huge news breaks late today that, indeed, former FBI Director Robert Mueller has been named by Deputy AG Rod Rosenstein as Special Counsel to take over the the FBI's probe into "any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump"...
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On today's BradCast, as you might have guessed, we pick up on the news that broke mid-show yesterday of Donald Trump's stunning and sudden firing of FBI Director James Comey, while the fallout and reeling continues in D.C. and across the nation today. [Audio link to show follows below.]
The pretext for that firing, which even some on Fox "News" describe as "almost inexplicable", was Comey's alleged mishandling last year of the Bureau's investigation into Hillary Clinton's use of a private email server while Sec. of State, according to a letter [PDF] written by new Deputy Attorney General Rod Rosenstein.
A handful of Republican Senators (though some key ones) have expressed concern or "disappointment" over "the timing" of Trump's unprecedented firing of the FBI chief, which appears to have caught just about everybody by surprise, even as investigations continue at both the FBI and Congress into Trump and members of his campaign regarding allegations of undeclared ties to Russia and/or other foreign nations both during the campaign and after the election.
Democrats, meanwhile, are outraged by Comey's firing, despite their furor about the way he oversaw the Clinton probe last year during the run-up to the Presidential election. They are calling for a special prosecutor to be named by Rosenstein at the DoJ and an independent bi-partisan special committee to be named by Congress to investigate all of this. Many are comparing Trump's dismissal of Comey to Nixon's "Saturday Night Massacre" at the height of the Watergate investigation, others describing it as "a grotesque abuse of power by the President", while some Congressional Democrats are citing this moment as "a full-blown Constitutional crisis."
Joining us today to try and explain what is or isn't going on here, and whether it amounts to such a Constitutional crisis, full-blown or otherwise, is author and Constitutional law expert Ian Millhiserof ThinkProgress Justice. He explains the legitimate complaints against Comey, while making the case that his firing was little more than an effort by Trump to disrupt the FBI's ongoing Russia probe.
"What is the emotion you're supposed to feel when the biggest villain in the United States fires the second biggest villain in the United States?," Millhiser wryly asks, before detailing the legal underpinnings for Trump's move, whether any of it is in violation of the law or the U.S. Constitution, and whether Rosenstein or his new boss, Attorney General Jeff Sessions, acted inappropriately in collusion with Trump and the White House.
"The story of the last nine years of American politics," he goes on to explain, "has been that people like Trump, and Jeff Sessions, and James Comey, and Mitch McConnell --- maybe I shouldn't lump Comey in with them because I don't know that he was necessarily acting in bad faith in the way that some of the other ones are --- but people have figured out that we don't have a system of rules that prevents you from doing a lot to blow stuff up, and that prevents you from engaging in a lot of sabotage. What we have are norms that people just didn't violate because they cared enough about the United States of America not to do so."
Those days, Millhiser argues today, appear to be over --- at least as of right now --- in these United States.
Finally, we close with a tiny bit of good news today --- thanks, in part, to the surprising vote of at least one Republican Senator --- regarding the GOP's continuing attempt to roll back Obama Administration fossil fuel-related regulations on public lands...
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On today's BradCast, the new election chief in Maricopa County (Phoenix), AZ has discovered tens of thousands of voter registration forms from citizens who, he says, are otherwise eligible to vote, but were never added to the voting rolls by his predecessor, due to what he describes as an unconstitutional or, at least, immoral state statute. [Audio link to show follows below.]
Democrats seem quite giddy (with good reason) about their chances of re-taking the U.S. House next year following Thursday's passage of the wildly unpopular Republican bill to replace ObamaCare. But their voters will have to be able to actually cast a vote next year --- and have their votes counted as cast --- in order for Democrats to have any chance of regaining a majority in Congress.
On that note, we are joined on today's show by Maricopa's brand new County Recorder Adrian Fontes. Last November, the Democratic former prosecutor unseated Pheonix' previous election chief, Republican Helen Purcell, who had served in the post unopposed for 30 years. He was inspired to run following the disastrous Presidential Primary in Maricopa last year, when hundreds of precincts were shut down and many voters were forced to wait for hours to cast a vote in the Sanders/Clinton primary.
Since taking office, Fontes has discovered tens of thousands of voter registration forms, going as far back as a decade, stored in dusty boxes in a county warehouse. The forms, he explains, were never entered in to the voter database, since the applicants failed to include proof of citizenship, as required by Prop 200, a 2004 ballot initiative that is now Arizona law.
Fontes explains that he is now attempting to confirm the citizenship of the would-be voters himself, by checking their status as already tracked by the state's Motor Vehicle Division (MVD) database. "We had a policy in this office that uses what I consider to be a mis-read of state law," he tells me. "The read that was happening says that the County Recorder is to reject the form. My read is, if you've already proven to the State of Arizona that you're a citizen, then you should be allowed to vote."
Critics, specifically Republican critics, charge that Fontes, a U.S. Marine who formerly worked as a prosecutor in both the County Attorney's office as well as for the Arizona Attorney General, is not shy in countering those critics. "Why in the world would anyone not want me to go check with the MVD and say 'lo and behold, the Motor Vehicle Division of the State of Arizona has on file a document proving that this person is a citizen. I will therefore register you to vote!' Why would anybody oppose that?"
Making matters worse or more "ironic" or "laughable", as Fontes describes it, because the federal voter registration form has no instructions for attesting to citizenship status, state guidance requires him to check with the MVD himself to confirm citizenship status for those voters. But if the very same person were to have used a state voter registration form and forgot to fill in their drivers license number or provide other proof of citizenship, he is not supposed to register that person, according to the state rulebook. Moreover, he tells me, an online state registration systemautomatically checks that very same MVD database for applicants. "So, something that the state does, automatically, on its own website, you've got people telling me that I'm barred from doing. If that's not the epitome of craziness, I don't know what is!"
In all, Fontes tells me, he now believes "nearly 91,000" otherwise eligible voters may be found in those dusty boxes and he plans to register them all if he is able to confirm their status.
In addition to all of that, I ask Fontes about claims by Bernie Sanders supporters (he is one himself) that the DNC and/or Hillary Clinton Campaign were somehow behind the Primary election disaster in Phoenix last year, in order to rig the contest against the progressive Vermont U.S. Senator. That disaster, he explains, is what inspired him to run against Purcell. We also discuss allegations of Arizona's voter database being hacked last year, concerns about the county's electronic ballot tabulation system and whether there is actually any evidence to support claims by Republicans like Donald Trump and his adviser, Kansas Sec. of State Kris Kobach (who also instituted a "proof of citizenship" requirement in that state), that millions of illegal votes, including by non-citizens, were cast in last year's election.
Finally today, Desi Doyen joins us for the Green News Report with her usual disturbing news, but also with a number of happily encouraging reports on the amazing growth of clean, renewable energy both in the U.S. and around the world!...
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About Brad Friedman...
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