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Latest Featured Reports | Thursday, April 18, 2024
Bad Climate News for Home, Car Owners; Good Labor News for Workers in the South: 'BradCast' 4/18/24
Also: Jury seated in NY; NV okays abortion initiative; OH Repubs block Biden from ballot...
'Green News Report' 4/18/24
  w/ Brad & Desi
Deluge in Dubai; Climate impacts to cost trillions per year; New lightbulb efficiency standards; PLUS: Biden Admin cracks down on toxic silica dust to protect workers' lungs...
Previous GNRs: 4/16/24 - 4/11/24 - Archives...
SCOTUS Suddenly Worried About Overcriminalization ... for J6 Insurrectionists: 'BradCast' 4/17/24
Guest: LawDork's Chris Geidner; Also: GOP impeachment ends; Turnout doubles in AL...
'Trump Media' Plummeting, MAGA Buyers Losing Life Savings: 'BradCast' 4/16/24
Also: Trump's ridiculous 'immunity'; 7 jurors seated in NY criminal trial; Repubs deliver impeachment to Senate; Smartmatic, OAN settle 2020 defamation suit...
'Green News Report' 4/16/24
  w/ Brad & Desi
Record ocean heat bleaching corals worldwide; EV charging roads in Indiana; Biden raising drilling, mining royalties for first time in a century; PLUS: A marine mystery in Florida...
Previous GNRs: 4/11/24 - 4/9/24 - Archives...
Trump's First Criminal Trial, for Cheating in 2016, Begins in NY: 'BradCast' 4/15/24
Special coverage of an historic day with Heather Digby Parton of Salon, attorney Keith Barber of Daily Kos...
Sunday 'Party Like It's 1864' Toons
THIS WEEK: Bad politics, good toonery and at least one wake-up call, in our latest collection of the week's best toons!...
Biden Closes 'Gun Show Loophole'; Repubs Turn Desperate: 'BradCast' 4/11/24
RNC Chair says Ukraine our enemy; GA Lt. Guv faces probe; Fox hides AZ abortion ruling, Hannity blames Dems; WI Justice to retire...
'Green News Report' 4/11/24
  w/ Brad & Desi
10th hottest month ever in a row; Swiss climate inaction violates human rights; PLUS: EPA crack down on airborne chemical plant pollution, 'forever chemicals' in drinking water...
Previous GNRs: 4/9/24 - 4/4/24 - Archives...
'Pink Slime': Fake 'Local News' Sites Proliferating in Advance of Election: 'BradCast' 4/10/24
Guest: Alex Mahadevan; Also: Trump CFO back to jail; GOP chaos, panic after AZ's 1864 abortion ban restored...
Dirty Tricks and the Dirtiest Candidate Of All Time: 'BradCast' 4/9/24
A CA three-way!; Polls shift toward Biden; RW scam artists pay the price; Trump rejected again in NY criminal case, facing trouble for phony $175M bond in NY civil case...
'Green News Report' 4/9/24
Big hurricane season coming; Colorado River used mostly for cattle; Good news for CA snowpack, for now; PLUS: Disney's Tomorrowland says goodbye to Yesterdayville...
'Titanic Law' Reform Just Tip of Iceberg in Quest for Key Bridge Accountability: 'BradCast' 4/8/24
Guest: Helen Santoro; Also: Media echo Trump abortion lies; Biden's new debt relief for 30M...
Sunday 'Dark Days Indeed' Toons
FEATURING: The Eclipse! Disinformation! 'Victimless' Crimes! And much more in our latest collection of the week's darkest toons...
Trump's Very Bad Day in Court(s), Other Good (& Less Good) News: 'BradCast' 4/4
No Labels out; Soft sentence for vote fraudster; WI reconsiders drop-boxes; NE nixes Elctrl College change; Biden v. Israel; Sanders, Biden tout drug price success...
'Green News Report' 4/4/24
Hunger crisis amid drought in Africa; Biden invests billions to decarbonize manufacturing; Melting ice is bending time; America's first commercial-scale offshore wind farm...
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...


Newsom makes good on vow to manufacture generic drugs, highlighting Big Pharma's long manipulation of Intellectual Property laws for profit...
By Ernest A. Canning on 8/29/2022 11:05am PT  

The state of California is embarking on a ground-breaking effort to manufacture and distribute a life-saving drug. The plan also deals a first major blow to private pharmaceutical companies that have long abused the nation's legal system for profit at the expense of the health of the citizenry.

"On my first day in office I signed an Executive Order to put California on a path towards creating our own prescription drugs," Democratic Governor Gavin Newsom declared in a July 7 video posted to Twitter, referencing his inauguration promise in January of 2019. "And now it's happening".

Newsom's statement came in the wake of his approval of a Golden State Budget Proposal that will invest $50 million into development and $50 million more into a State-owned facility that will manufacture and distribute generic (aka biosimilar) insulin to Californians at slightly above cost.

If it succeeds, California, which has the world's 5th largest economy, will not only become the first State, but also the only government, other than Cuba, to embrace the socialized production of generic medications. (Although Cuba develops and manufactures its own generic medications and provides free "preventative medical care, diagnostic tests and medications for hospitalized patients", Pharmacy Times reported, "Cubans pay out-of-pocket for outpatient medications.")

California's progressive Democratic Governor pointed to the extraordinarily high cost of insulin as a form of "market failure" that justifies his embrace of socialized medications. His decision to allow the Golden State to produce its own generic insulin also highlights the immoral manipulation of the nation's patent laws by for-profit drug companies...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

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

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

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

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

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

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

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Turning classrooms into the O.K. Corral makes no one safer...
By Ernest A. Canning on 7/15/2022 10:35am PT  

"We must face the truth," Andrew Hairston, Director of the Education Justice Project told the Advancement Project. "More militarized school environments do not address the root causes of mass violence." In fact, noted Jonathan Stith of the National Campaign for Police Free Schools, "Proposals that increase the presence of police, guns, and other militarized approaches to school safety only put gasoline on the fire."

The "truth" or "root cause" of mass shootings is precisely what Wayne LaPierre, the disgraced National Rifle Association (NRA) CEO/VP, sought to evade when, during his 2012 presser following the Sandy Hook Massacre, he ridiculously proclaimed that the "only thing that stops a bad guy with a gun is a good guy with a gun."

Anyone who suggests that safety is to be found in the mythical "good guy with a gun" has never served in combat.

In Vietnam, where I served (1968), we were far better equipped and armed than either the North Vietnamese Army or the Vietcong. We not only had ready access to our deadly M-16 Assault Rifles and other, even more powerful weapons, but also had the ability to call in artillery and airstrikes. Yet, that didn't prevent the deaths of 58,220 of my brothers-in-arms.

Proposals for armed school safety officers and arming teachers are but an extension of LaPierre's infamous and dangerous "more guns make us safer" canard.

Despite an increase in the number of school districts that deploy armed officers on campus, an academic study of mass shootings in the U.S. between 1980 and 2019, published last year by the Journal of the American Medical Association, failed to establish an "association between having an armed officer and deterrence of [school] violence."

Nevertheless, last month, over the opposition of educators, Ohio's Republican Gov. Mike DeWine signed into law a bill that will allow teachers, with some training, to keep a handgun inside their classrooms --- a decision that amounts to a fool's errand....

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And why SCOTUS has given us no choice but to elect Democrats in 2022 to save democracy itself in 2024...
By Brad Friedman on 7/11/2022 5:55pm PT  

We had a bunch of excellent callers on today's BradCast. It sounds like many of them heard my warning today. Hopefully you will too. [Audio link to full show is posted below this summary.]

But, first up, on our first show after taking several much-need days off last week, we catch up with just a few of the most noteworthy items from what turned out to be another very busy news week. Among those items...

  • the Independence Day mass shooting in IL;
  • the popular and political uprisings resulting in agreements by both British Prime Minister Boris Johnson as well as Sri Lanka's Prime Minister and President to resign;
  • the horrific assassination of Japan's longest-serving Prime Minister Shinzo Abe (in a nation where just one person, out of population of 125 million, was killed by a gun in 2021);
  • the excellent jobs and unemployment numbers released by the Labor Department last Friday (and, as usual, ignored by the bulk of the corporate media due to everything else);
  • the good news that Rudy Giuliani, Sen. Lindsey Graham and 5 others who served as attorneys for Donald Trump in 2020 have now been subpoenaed to testify by the Special Grand Jury in Atlanta, convened by Fulton County District Attorney Fani Willis, in her criminal investigation of the disgraced former President's attempt to steal Georgia's election in 2020.
  • All of that in advance of another public hearing to be held on Tuesday by the bipartisan U.S. House Select Committee probing the Jan. 6 insurrection and Trump's multiple failed attempts to steal the election from Joe Biden and the American voters.

Then, its back to the issue that I haven't been able to get out of my head since we previously WARNED about it on our last show before taking a break. Specifically, the corrupt, extremist, illegitimate U.S. Supreme Court's announcement that they intend to hear Moore v. Harper next term, in a case that will give the stolen and packed far-right Court majority the opportunity to undermine American electoral democracy as we know it. That is not an overstatement.

If you thought what the Supremes did at the end of this past term --- ignoring the text of the Second Amendment in order to block states' rights to well-regulate firearms; stripping away previously protected Constitutional privacy rights and reproductive freedoms to overturn Roe v. Wade; all but ending Constitutionally-required Miranda Rights for those detained by law enforcement; further eroding what's left of our Constitutional separation between Church and State; and gutting the ability of the EPA to regulate carbon emissions driving our deadly climate crisis, as mandated by Congress --- well, you ain't seen nothin' yet.

As explained, SCOTUS is now set to undermine any and all elections laws for federal elections enacted by state Boards of Elections, Secretaries of States, Governors, state constitutions, state Supreme Courts or even ballot initiatives adopted by voters themselves. The corrupt Republican Court is likely to do this by declaring that Article II, Section 1 of the Constitution mandates that state legislatures --- and only state legislatures --- may determine laws regarding the "manner" of federal elections. Specifically of note in 2024, the way each state appoints Electoral College votes, as the Constitution says, "in such Manner as the Legislature therefore may direct".

In other words, in 2020, while most swing-states had rules, laws and state Constitutional mandates in place declaring that voters shall determine who will win the state's Electoral votes, an opinion by the Court, likely to come as early as 2023 in Moore v. Harper, will free up the gerrymandered GOP-controlled state legislatures in our nation's half a dozen or so swing-states to name anybody they like as the winner of their Electoral College votes, no matter what the Governor, state Courts or, crucially, the voters of those states have to say about it.

It's called the "Independent State Legislature" theory (or doctrine, as the GOP autocrats supporting it describe it.) As we noted in our last show on this, this is not a drill. This is very real, and now even very likely to happen.

While we were away, our friend and colleague Thom Hartmann posted a chilling Twitter thread on the ISL theory/doctrine, detailing just one potential scenario --- which includes thousands of dead bodies in the streets --- which he describes as not "just plausible" but now "probable".

We agree. Thus, we explain the importance of electing Democratic majorities in 2022 in both the U.S. House and Senate as our only hope of defeating this "probable" scenario. If 52 Democrats can be elected in the Senate and the Party is able to hold the House (both tall lifts), then the possibility of filibuster reform in the upper chamber and the expansion of the Supreme Court in order to unpack and uncorrupt it becomes a reality.

As discussed on today's show, the luxury of pretending that "both parties are equally bad" is over, as I see it. And not because I give a damn about protecting Democrats, but because I believe we must protect --- indeed, SAVE --- democracy itself at this point.

Anyway, please tune in for a very lively, if occasionally chilling hour, along with some really great calls from listeners on all of this in the second half...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

They are indeed.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Guests: Salon's Heather Digby Parton; Pro Left Podcast's 'Driftglass'...
By Brad Friedman on 6/21/2022 6:00pm PT  

On today's BradCast: Special Coverage of gripping Day 4 public testimony in the bipartisan U.S. House Select Committee's investigation of the January 6th insurrection and Donald Trump's repeatedly failed attempts to steal the 2020 election from the American people. [Audio link to full show follows below this summary.]

Rep. Adam Schiff (D-CA) led the bulk of the questioning of witnesses on Tuesday, observing at one point that "the system held, but barely", thanks to "people of courage, Republicans and Democrats, who put their oath to the country and Constitution above any other consideration."

We may take some issue with part of that on tomorrow's BradCast, with a guest who may rebut at least some of the testimony offered by the two Republican state officials from Georgia who testified on Tuesday, Sec. of State Brad Raffensperger and Deputy Sec. of State (who served as the voting system manager in 2020) Gabriel Sterling. But there should be no question of the selflessness of the two other live witnesses, Arizona's Republican state House Speaker Rusty Bowers and now-former Fulton County, GA election worker Wandrea "Shaye" Moss.

All four of them endured unrelenting and unforgivable attacks and threats and lies from Trump --- and from his attorney Rudy Giuliani and their mobs of thuggish supporters --- in his criminal attempts to fraudulently flip the results of the 2020 election in both of the swing-states focused on today. In the case of Moss in Atlanta, as one of our guests suggests today, she and her mother, Ruby Freeman (and eventually even her grandmother), were targets of nothing less than "a form of terrorism" by the President of the United States. All for the crime, as Moss explained, of "doing my job." It was a job that she loved. For ten years. Because she was able to help people vote. Now, as she testified this afternoon, she's barely able to leave the house, is constantly forced to look over her shoulder more than a year and a half since the election, is afraid to go out with her mother (for fear she might mention her name out loud), has gained 60 pounds, and has left her job for Fulton County that she loved so much. The terror visited on her and her mother was too much to bear.

Moss and Freeman were the targets of the oft-repeated Trump/Giuliani lie that they had hidden ballots in a "suitcase" under a table at the State Farm Arena counting room in Atlanta on Election Night, before "physically" forcing observers and the media to leave the room, and then counting those fraudulent ballots ("all for Joe Biden," as Trump lied) multiple times. All of those claims were easily rebutted lies. All of them. As Raffensperger and Sterling (who both voted for Trump) and even Trump's own advisors told him repeatedly. Trump knew they were lies, even before he continued to repeat them over and over, mentioning Ruby Freeman's name 18 times during his infamous recorded phone call with Raffensperger, threatening him with potential criminal penalties if he didn't "find" 11,780 votes --- one more than Trump needed --- to steal the election from Biden in the Peach State.

Bowers, also a Trump voter in Arizona, faced similar lies --- about hundreds of thousands of votes cast by undocumented immigrants and thousands of dead voters --- as he refused Trump's entreaties to convene a special session of the state legislature in order to select Electors for the disgraced President instead of the ones for Biden that the state's voters actually voted for. Bowers, elected to the state legislature in 1993, refused to violate the law and his sacred oath to both the state and U.S. constitutions.

It was an emotional --- and, at times, harrowing --- day in the hearing room, as the House panel laid out the pathetic story of the loser Trump's relentless attempts to force local officials to do his unlawful bidding, to trick several swing-state Republicans into signing up as fraudulent Electors, and as he threatened those who wouldn't play ball with the violence of his mobs.

We're joined today for our special coverage with smart analysis of the entire hearing by old-school progressive bloggers HEATHER DIGBY PARTON of Salon and Hullabaloo and "DRIFTGLASS" of the Professional Left Podcast.

"What we're seeing over and over again [is that] Donald Trump was deeply, deeply immersed in this. He was calling these legislators and basically trying to order them to overturn the election on his behalf," Parton observers. "But there is also this undercurrent here that we're seeing through all of this, that this was always leading to violence. The violence was building from the time of the election. What [the Committee] did today, in particular, was talking about the threats of violence to all of these people. [Trump and his supporters] were inciting a form of terrorism against these people."

As Driftglass characterizes the case being laid bare by the Committee to date: "Donald Trump was the ringleader of this. He's the 'don'. He's the man calling the shots, dispatching his men into the field to threaten everybody. This is an army of raptors testing the fence --- 'Where can we find a break?' --- with the intention in mind at all times to retain power by any means necessary. And it was very clear that behind this was a mob of Brownshirts. He made it clear how deeply he was enjoying the idea scaring the crap out of people and ruining their lives for daring to stand in his way of holding onto power."

"Today was heartbreaking," he argues. "How could you be a citizen, love democracy, and watch these two very different people --- this old, bald, white guy, and these lovely African-American mother and daughter --- who go to very different churches, I'm sure, but have the same reverence for the Constitution and fidelity to duty, and believe this is a holy, sacred thing they're doing, and how completely they were undercut by that."

There is, of course, much much more in our coverage today. I hope you'll tune in...

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Special coverage with former DoJ fraud prosecutor Randall D. Eliason, Salon's Heather Digby Parton...
By Brad Friedman on 6/16/2022 6:15pm PT  

On today's BradCast: Special coverage of Day 3 of the bipartisan U.S. House Select Committee hearings investigating the Trump-incited Jan. 6, 2021 insurrection at the U.S. Capitol and the disgraced former President's multiple attempts to steal the 2020 election from the American people. [Audio link to full show is posted below this summary.]

Before diving into details with our two guests today, I want to cite the must-read written statement [PDF] submitted by one of today's live witnesses, the very conservative, oft-cited and well-respected (if extremely slow-talking) former Judge J. Michael Luttig. Appointed by George H.W. Bush to the appellate court in 1991, Luttig was considered several times during his decades on the federal bench for the Supreme Court. He is often compared to Justice Antonin Scalia and virtually all of his law clerks eventually went on to clerk for Scalia or Clarence Thomas. He was one of several advisors who then Vice President Mike Pence turned to as he was being pressured hard by both Donald Trump and his corrupt attorney John Eastman to toss out legitimate electoral votes on January 6 in an effort to steal the election for Trump.

In short, Luttig is no lefty. He advised the Vice President that he had no legal or Constitutional authority to do anything but essentially read the Electoral College votes aloud during the joint session of Congressional to certify the final results of the 2020 election. Despite extraordinary pressure not to, Pence did the right thing and followed Luttig's advice.

But in Luttig's written statement to the Committee, as I note at the top of today's show, he describes the Republican Party's "war on democracy" and correctly characterizes what so many Democrats and most in the corporate media seem to have a problem saying outloud: "The former president's accountability under the law for the riot on the United States Capitol on January 6 is incidental to his responsibility and accountability for his attempt to steal the 2020 presidential election from the American People and thereby steal America's democracy from America herself."

Was that so hard? Go read his statement in full.

Among the many new items revealed during Thursday's hearing, at which Pence's top attorney Greg Jacob was also a live witness, along with a boatload of videotaped testimony and more disturbing, previously unseen footage from the day of the Insurrection...

  • All of Trump's top White House and Campaign attorneys knew the scheme to have Pence invalidate the election was unlawful and/or unconstitutional, describing it as "nuts", "crazy" and worse.
  • Trump knew as well, because they told him as much. Repeatedly.
  • Even John Eastman, credited with devising the scheme, is known to have conceded its illegality on several different occasions.
  • Eastman said he would have seen Al Gore or Kamala Harris using the same scheme to nullify an election as unlawful, but wanted Pence to do it anyway.
  • Eastman invoked the Fifth Amendment 100 times during his video-taped, subpoenaed testimony with the Committee.
  • After his scheme failed miserably, Eastman sought a pardon from Trump. (He didn't get one.)
  • Jan. 6 insurrectionists came within 40 feet of Pence after he had been removed from the House chamber.
  • One of the Proud Boys cooperating with the Feds has testified that the white nationalist extremist group would have killed Mike Pence or anyone they got their hands on, including Nancy Pelosi, if given a chance.

We've got a lot to cover once again today and are joined by George Washington University law professor, WaPo contributor and blogger RANDALL D. ELIASON, a former Asst. U.S. Attorney for the District of Columbia, where he served as Chief of the Public Corruption/Government Fraud section. And, as always during our J6 coverage, HEATHER DIGBY PARTON of Salon and Hullabaloo. Both offer important insight on today's hearing and the ones that preceded it, as the damning case against Donald Trump continues to come smartly together.

Among the issues discussed, the "outlandishly blatant partisan hackery" of Eastman, as Parton correctly characterizes it and the criminal liability Trump (and Eastman) now face, as Eliason details. In particular, given his background in criminal fraud as a federal prosecutor, Eliason notes that the scheme detailed in Monday's hearing regarding a fake "Official Election Defense Fund" that Trump used to raise $250 million from his duped supporters is classic criminal wire fraud that should spawn an entirely separate criminal investigation from the one now underway at DoJ. He also speaks to the bogus notion that Trump can't be charged because he truly believed that the election was fraudulent and that the Vice President had the authority to overthrow the election. Both of those points have been decimated by the Committee over the past two hearings.

We also hash out the "controversy" over whether the Committee should issue a formal criminal referral to the DoJ at the end of their proceedings; the absurd, and rather pathetic, whining defenses offered by both Trump and Fox "News" in response to the gripping revelations emerging from these hearings; and much more.

And, as if all of that is not enough, we close with Desi Doyen and our latest Green News Report as the nation (and globe) swelters; Texas thanking its lucky stars right now for renewable energy; the U.N. begging the world to knock it off already with fossil fuels; and a potentially game-changing way to produce emissions-free concrete comes to light...

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Guest: The Nation's John Nichols on that and midterm primary lessons; Also: Noteworthy results from primaries in IA, MS, MT, NJ, NM, SD, CA...
By Brad Friedman on 6/8/2022 6:25pm PT  

We've got yet another jam-packed BradCast for ya today, with results of note --- as we have them so far --- from the 7 states which held primaries on Tuesday. Then, we're joined by our guest with some helpful insight on what Democrats and progressives should learn from this year's elections to date and some of his critical concerns about the upcoming hearings by the bipartisan U.S. House Select Committee investigating January 6, 2021 insurrection. [Audio link to full show is posted below this summary.]

First, we fly through an extremely curated selection of results from several key races on Tuesday. Among them...

  • IOWA: Retired Navy Admiral Mike Franken upset former U.S. Rep. Abby Finkenauer in the state's Democratic U.S. Senate primary. He will face off against 88-year old, six-term U.S. Senator Chuck Grassley. Also noteworthy in the Hawkeye State: progressive Democratic criminal justice reformer Kimberly Graham won the Democratic primary for prosecutor in Polk County (Des Moines), where she is likely to win this November.
  • MISSISSIPPI: Two-term Republican Rep. Michael Guest was forced into a runoff by GOP voters as punishment for having voted in favor of a bipartisan, outside Commission to investigative the January 6th insurrection.
  • MONTANA: Donald Trump's disgraced, scandal-plagued, forced-to-resign Interior Secretary Ryan Zinke is locked in a tight race to win his old job back as a U.S. Congressman. The final results of the close race with state Sen. Al Olszewski, which Zinke leads by about 1,000 votes as of airtime, will be held up by a day or two due to a ballot printing error that will require, under state law, that all ballots now be hand-counted.
  • NEW JERSEY: While there may have been races of note there, we didn't have time for ANY of them today! Sorry about that, NJ! (I know. Always the bridesmaid...)
  • NEW MEXICO: Seasoned TV weather guy Mark Ronchetti won the GOP primary for Governor after promising to increase the state's already record oil production, deriding new standards in state schools for increased instruction on race (in a state that is half Hispanic and has 23 federally recognized Native American tribes and nations), and by slamming his November opponent, Democratic Gov. Michelle Luhan Grisham, for closing in-person schooling during the worst pandemic in 100 years. Also: Progressive Democrat Gabriel Vasquez was victorious in the 2nd Congressional District race to take on GOP Rep. Yvette Herrell in what is seen by Dems as a possible House pickup this November.
  • SOUTH DAKOTA: The state's only House Member, Republican Dusty Johnson, easily won his primary despite voting to certify the 2020 election results and in favor of the January 6 Commission. Shamefully, there is no Democrat running for the state's single At Large Congressional seat. Of greater note, a ballot proposition that would have raised the threshold for passage of certain future ballot propositions to 60% was soundly rejected by voters. That proposition was meant to make it harder to pass a ballot proposition this November that would expand Medicaid under ObamaCare to state residents. Similar expansions measures have been adopted by voter initiatives in about 7 other states. GOP lawmakers in SD must really hate their own constituents.
  • CALIFORNIA: All statewide office holders are Dems, so there isn't much drama there. But two local contests have received quite a bit of national notice. The Los Angeles Mayoral race will go to a runoff, after Trumpy Republican real estate billionaire turned "Democrat" Rick Caruso failed to clear the 50% bar, despite dropping some $40 million of his own money into the race. He'll face progressive Rep. Karen Bass, previously seen as the favorite to win until Caruso and his money showed up, in the November runoff. But, interestingly, receiving as much or more notice from national corporate news outlets than almost any other race on Tuesday, voters recalled progressive criminal justice reformer, Chesa Boudin, after two and half years as San Francisco's District Attorney. Predictably, national media is (mis)reporting this as a story of "failed progressive policies" that resulted in rampant crime in the city, despite the fact that overall crime decreased during Boudin's tenure.

We're then joined by longtime progressive champion, journalist, and author JOHN NICHOLS of The Nation for analysis of Tuesday's contests --- and those from week's past --- along with his concerns and warnings about the upcoming January 6 hearings in the House.

As to the primaries so far this season, Nichols observes, among other things that while "Republican turnout is very spiked" and Dems "not so spiked", that is "not necessarily a complete disaster" for Democrats. He also notes that "progressives are winning a lot of Democratic primaries" and "in some unexpected and really interesting places".

"Despite what a lot of the pundits will tell you," he argues, means that "the grassroots Democratic voters seem to be sending a very clear signal that they want to go up against these Trump Republicans in this very tough year with clearly defined progressive candidates."

While he offers thoughts on the recall defeat of progressive District Attorney Boudin in San Francisco, Nichols also observes that criminal justice reformers are actually still winning elections in many other places around California and elsewhere. (See, for example, a progressive criminal justice reformer victories in neighboring counties to San Francisco and Kim Reynolds in Des Moines, IA, as mentioned above, as just two such examples.)

Then, it's on to the upcoming January 6 hearings, where Nichols has both advice and concerns, particularly about what the Committee will ultimately offer in their critical recommendations. His greatest concerns seem to center on what Democrats are willing to compromise on in order to find unanimity with the Committee's anti-Trump, but still hard-right Republican Vice Chair Liz Cheney.

Among Nichols' top hopes for the Committee: Recommendations that Congress adopt a resolution that bars insurrectionists like Donald Trump from office, as per Section 3 of the U.S. Constitution's 14th Amendment; and (in what will clearly be a much heavier lift for the Committee's Republicans like Cheney), a call to abolish the Electoral College.

But will the hearings ultimately make any difference to a divided nation, with so many already having hardened their positions on Trump and his attempt to steal the 2020 election? We've got a whole lot to discuss with Nichols today, so I hope you'll tune in!...

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A 1994 federal ban worked well for ten years and repeatedly stood up to Constitutional challenge...until Republicans allowed it to expire in 2004...
By Ernest A. Canning on 6/3/2022 9:05am PT  

The high-powered AR-15, military-style assault weapon used to massacre school children and teachers at Sandy Hook (2012) and Uvalde (2022) is a semi-automatic version of the M-16 that I used in Vietnam (1968). It was engineered to inflict maximum damage upon human beings. It has no legitimate civilian use.

By 2021, there were an estimated 20 million AR-15s legally in circulation within the U.S., procured at an average cost of $800. This likely produced some $16 billion in revenues for the small arms industry.

The AR-15's widespread availability is an obscenity. It exists courtesy of the same Republican hypocrites, who dare call themselves "pro-life" while infringing upon women's reproductive liberties; yet, offer little more than feckless "thoughts and prayers" when faced with unbridled American carnage.

It is an obscenity wrought by the Republicans' refusal to reinstate the 1994 federal Assault Weapons Ban, which stood up to Constitutional challenge and helped curb similar mass shootings for a decade. That Act prohibited the manufacture, transfer and civilian possession of specific makes and models of military-style, semi-automatic firearms and large capacity magazines (allowing more than 10 rounds), while containing an exemption for weapons sold before the Act went into effect.

The GOP bastardization of the Constitution and the right to life, liberty and a pursuit of happiness was enhanced by District of Columbia v. Heller (2008), a 5-4 decision in which the Supreme Court's Republican-appointed majority overruled a 1939 SCOTUS precedent. For the first time in our nation's history, the opinion, authored by the late Justice Antonin Scalia, held that the Second Amendment created an individual's right to possess a firearm unconnected to service in a State militia.

In his compelling dissent, the late Justice John Paul Stevens excoriated the Court's right-wing majority for ignoring the Second Amendment's language, history and context, all of which revealed that the "right to bear arms" was intended to apply only to a State's right to maintain a "well-regulated Militia". Stevens even cited the Oxford English dictionary's explanation at the time that to "bear arms" meant serving "as a soldier". Scalia, a self-declared "originalist", who claimed to be bound by the original meaning of the text of the Constitution, conveniently ignored that original meaning of our nation's founding document.

Even assuming the Court's "Radicals-in-Robes" were correct --- that the Second Amendment authorizes all individuals to "bear arms" --- that right would certainly be no more absolute than the carefully limited rights guaranteed by the First Amendment. The right to free speech, for example, does not create a right to yell "fire" in a crowded theater or to incite imminent violence. The Court has long held that public safety, in those instances, trumps the First Amendment's "guarantee" of free speech.

If we value our lives and those of our children, We the People must work towards a total ban on the manufacture, sale and civilian possession of the AR-15 and all other assault-style weapons. We must do so irrespective of substantial legal and political obstacles, which include the extortion-like threats of violence offered by right-wing extremists if the government sought to take their guns away.

Neither we nor our fragile democracy will be safe so long as these deadly military-grade weapons are left in the hands of domestic terrorists.

* * *
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

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Guest: Omar Ocampo of Inequality.org: Also: NE, WV primary results and who cares what they mean for Trump?; Senate abortion vote; Federal court ruling on semi-automatic weapons sales to children in CA...
By Brad Friedman on 5/11/2022 6:35pm PT  

Today on The BradCast: Sure, the supply chain was, and occasionally still is, a problem. So is Russia's war on Ukraine, obviously. But it's the greed of billionaires and the cowardice (or corruption) of public officials to do anything about that greed in this country that must be turned around in order to save the U.S. [Audio link to full show is posted below this summary.]

But, first, speaking of corruption...New numbers out today from the Labor Department suggest that inflation may have peaked before April. As the Times alerted today, "Inflation moderated slightly in April, though the 8.3% annual gain in U.S. consumer prices remained uncomfortably high." As AP trumpeted in its breaking news iPhone alert: "U.S. inflation slowed slightly last month, a tentative sign that prices may be peaking while still imposing a financial strain on American households." Reuters: "U.S. consumer price growth slowed sharply to 0.3% in April, suggesting that inflation may have peaked." They were all similar....Well, except for Fox "News": "Inflation higher than expected in April, holding near 40-year high."

And you wonder why Rightwingers are so angry? It's still the Fox "News", stupid.

And speaking of stupid...Midterm primaries were held in Nebraska and West Virginia on Tuesday. (Happily, unlike in Ohio last week, we saw no reports of voting problems or voting system breakdowns, so far.) As you may have noticed, pretty much every news report about Tuesday's results focused on what they mean for Donald Trump and his party and the candidates he endorsed. The incumbent U.S. House member that Trump endorsed in WV who ran for the GOP nomination against another incumbent U.S. House member who voted for Joe Biden's bipartisan infrastructure bill won on Tuesday. Kingmaker Trump's power over the party is still strong! But the 8-time accused sexual harasser that Trump endorsed and stumped for in NE's GOP Gubernatorial primary lost. Trump's influence may be faltering!

As we discuss today, that framing by the corporate media --- reporting on these critical elections through the lens of Trump --- is wildly unhelpful and ill-serves the public at a time when democracy itself is on the line this November (and in 2024). It's not about Trump. He's already captured and broken the party. And that is true if he drops dead tomorrow and Ron DeSantis --- or anyone else --- takes his place. The damage is done. So, how can we fix it? Much more on that on today's show.

And speaking of failures all around... as the nation's death toll from COVID hits a staggering 1 million... The nation's corporations and rich people are doing just fine, thanks.

Big Oil continues to raise prices at the pump for consumers by pretending that its caused by post-pandemic supply chain issues and the war in Ukraine, even as they continue to rake in record profits (not revenue, but profits) in recent months. The profiteering --- under the guise of supply chain-induced "inflation" --- is also seen in other industries, of course, including the food industry, as well as the apparel business. In their latest reports on the industry profiteering, Accountable.us President Kyle Herrig appropriately derides "the industries most unapologetic about charging their customers more during a fragile economic recovery, apparently just because they can." And they can, because we let them develop monopolies and near-monopolies so there is little or no price competition left in the "free market".

And then there are the the nation's 727 billionaires whose growth in net worth over the two-plus years of the pandemic --- while you were struggling to stay employed, housed and fed --- is up $1.71 trillion from March 2020 to May 2022. That's a gain of more than the entire annual GDP of Canada for just those 727 U.S. billionaires. The biggest winner seems to have been Elon Musk, whose personal wealth was valued at just under $25 billion in March of 2020. Now, after two years of a pandemic economy, his wealth is said to be $255 billion as of the beginning of this month.

How did that happen? Why did that happen? What can and should be done about it? And does anyone in D.C. --- any one, from any party --- have the courage and ability to lead the nation to do anything about it?

All of those questions and more are answered today by our guest, OMAR OCAMPO of the Institute for Policy Studies' Program on Inequality and the Common Good, who asks today, "What about the rest of us? The median income, comparing 2020 to 2021, for your average U.S. worker has actually decreased by $2,000. And our median household wealth, comparing 2019 to 2001, has actually decreased. So yes, when you look at it by income or wealth percentile, it has been the top 10%, but especially the top 1%, that have seen impressive gains."

Ocampo helps explain how it happened, and what steps can and must be made to reverse this obscene continuing trend. Among the policy ideas discussed --- several of which have long been pushed by members of the progressive caucus in Congress --- a wealth tax on the assets of the richest Americans; partial student loan forgiveness; establishing a federal Commission on Profiteering, empowered with the ability to claw back some of what has been robbed from American consumers; strengthening organized labor and democracy itself.

And, yes, he explains, that will mean voting for more Democrats in Congress and at all levels of government. Hopefully good ones. Or this is going to continue to get much, much worse.

"The Republicans, from an ideological perspective, they are not interested in having some type of government intervention in order to solve societal problems," Ocampo charges. "They normally pivot towards philanthropy. But now is not the time to pivot to philanthropy, mainly because philanthropy does not scale, and it also denies public accountability for social problems or things that have to deal with the public good. So issues that affect the public should involve public input, and it should be carried out by democratic institutions."

"Economic inequality translates into political inequality. And the greater your material resources, the greater your access to participate in the state," he tells me. "This is very detrimental to democracy, because it makes the democratic institutions unresponsive to what the majority wants. The majority wants increased taxes on the wealthy, but it never seems to happen. That's probably because of their influence they have on both political parties."

"Elections matter, and to alleviate, especially in the short term, it would be best to elect Democrats. Because there is a section of the Democratic Party, specifically those that self-identify as progressives, who care about wealth inequality and know that it has distorting effects across our whole society."

Finally today, speaking of things getting much worse... Democrats held a show vote in the U.S. Senate to codify abortion rights (the Constitutional freedoms about to be taken away by the stolen and packed U.S. Supreme Court) after the Women's Health Protect Act was already passed by Democrats in the House. As expected, all Republicans and Joe Manchin voted against it, so the measure failed to reach the 60 votes necessary to do almost anything in the undemocratic Senate.

And, also breaking during today's program, an insane, corrupted federal appeals court in California decided that the state's law restricting the purchase of semi-automatic firearms to those 21 or older is a violation of the Constitution's 2nd Amendment. So, yup, apparently 12-year olds in CA can now buy semi-automatic weapons! Have fun, kids!

Did I mention we need more democracy and fewer corrupted federal judges? Yeah, that also comes with voting. Please get busy. Thanks...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: FSFP's Const'l law expert John Bonifaz with court updates on ballot eligibility challenges to 'insurrectionist' candidates in GA, AZ, NC; Also: Leaked SCOTUS 'Roe' opinion shaking up midterms...
By Brad Friedman on 5/10/2022 7:00pm PT  

I guess I'll have to keep saying it damn near every day on The BradCast between now and November (and probably for the next two years thereafter, at this rate), but anyone who tells you they know what's gonna happen in his year's elections, is just making it up outta whole cloth. Everything is changing every single day and all of it is going to effect what happens next. [Audio link to full show follows below.]

For example, before we get to our guest today, some quick news on the fallout from the stolen and packed U.S. Supreme Court's likely plan to overturn 50 years of freedom for American women's healthcare by overturning the Constitutional right to an abortion established in 1973's Roe v. Wade.

The news has been so alarming to so many that even Sen. Bob Casey (D-PA), a long time "pro-lifer", now says he plans to vote for the Women's Health Protection Act in the Senate this week to codify abortion rights into federal law. At the same time, new polling taken last week, after the leak of Alito's draft majority opinion that would overturn 'Roe', finds both good and suggestively helpful news for Democratic candidates paying attention.

The poll from Yahoo News/YouGov finds, once again, that a large majority of Americans do not want Roe overturned. More importantly, for democracy itself, voters in the survey support a generic Democratic over a generic Republican on their Congressional ballots by a 5-point margin (44% to 39%). But here's where the polling is really enlightening: "[W]hen voters were asked to choose instead between a 'pro-choice Democrat' and a 'pro-life Republican,' GOP support fell to 31% while Democratic support held steady --- more than doubling the gap between the two candidates, to 13 percentage points."

Got that, Dems?

That's just one of too many wildcards between now and November that make any sort of punditry largely useless. Another one? Well, Donald Trump's former Sec. of Defense Mark Esper was on Fox "News" this week confirming to Brett Baier that, yes, given the events of January 6th, 2021 and some other stuff, he believes "Donald Trump was a threat to democracy." Ouch.

Speaking of the January 6 insurrection and threats to American democracy, we're joined once again today by Constitutional law expert JOHN BONIFAZ, President and co-founder of Free Speech for People (FSFP), the non-profit, non-partisan good governance group helping voters to challenge the eligibility for reelection of elected officials who have "engaged insurrection" in violation of the Constitution's "Insurrectionist Disqualification Clause" (14th Amendment, Section 3).

Bonifaz was with us several weeks ago following the sworn testimony of challenged Georgia Republican Rep. Marjorie Taylor Greene, who hedged and/or lied and/or "can't recalled" her way through questioning before an Administrative Law Judge in Atlanta. Greene claimed she couldn't remember whether she suggested that Trump invoke Martial Law (she did), whether she said Nancy Pelosi was "a traitor to the country" (she did, and admitted as much after it was clear that FSFP's attorneys questioning her had the video evidence), or that she even opposed the peaceful transfer of power on January 6th (yup, she did that on video too.)

On Friday, the state Administration Law Judge who oversaw the hearing, Charles Beaudrot, released his decision in the case, recommending that GA's Republican Sec. of State Brad Raffensperger not disqualify Greene from the ballot for lack of evidence from the challengers. But Beaudrot's 19-page decision [PDF] --- and Raffensperger's subsequent rubber stamp [PDF] --- "betrays the fundamental purpose of the Fourteenth Amendment’s Insurrectionist Disqualification Clause and gives a pass to political violence as a tool for disrupting and overturning free and fair elections," said FSFP in response. Bonifaz, today, describes major legal errors that he says must be reversed.

For example, Beaudrot completely ignored the evidence of text messages Greene sent to Trump's then Chief of Staff Mark Meadows on invoking Martial Law and Greene's own video on social media declaring, "you can't allow it to just transfer power peacefully, the way Joe Biden wants, and allow him to become our President."

Beaudrot "treats her as a credible witness," in his decision, charges Bonifaz, with "nothing about her as a witness who is not credible on the stand under oath, saying she couldn't remember, couldn't recall more than 80 times. Then you add that to the fact that days after her testimony, the revelation of the text she sent to Mark Meadows, where she did in fact advocate that Trump impose martial law to stay in power."

On top of that, he explains, the Judge also offers yet another reason to appeal. "The Georgia Supreme Court stated that, under Georgia law, 'The entire burden is placed upon the candidate to affirmatively establish their eligibility for office.' That's what the law is. [But] days before this hearing began, [Beaudrot] shifted the standard --- he reversed the burden of proof, and said it was not going to be on the candidate, it was going to be on challengers, contrary to that Supreme Court ruling."

FSFP is appealing the decision on behalf of the voter challengers they represent in GA's 14th Congressional District to Fulton County (Atlanta) Superior Court. "That's going to be before one judge. If we prevail, I'm sure Greene's attorneys will appeal to the state supreme court." Bonifaz says they plan to make every challenge possible through both the primary and general election, if necessary.

"We are not, on our end, giving up in any way," he vows. "The evidence is overwhelming that Marjorie Taylor-Greene engaged in insurrection, that she's disqualified, and our clients want us to proceed --- the voters in her district who are courageous to stand up on this --- they have been done an injustice by Judge Beaudrot."

The Greene case in GA is not the only challenge to alleged insurrectionist candidates for office. FSFP also challenged the eligibility of Rep. Madison Cawthorn in North Carolina, where a federal Appeals Court judge was seemingly stunned last week by his defense attorney's claim at their hearing that, yes, a 12-year old could run for Congress and nobody in the state could challenge that Constitutional deficiency, that it would be solely up to Congress to determine who is eligible to be seated as a member. A ruling from that 3-judge appellate panel is due soon.

And in Arizona, where the indefatigable FSFP is representing voters challenging the candidacies of Reps. Paul Gosar and Andy Biggs, along with AZ State Rep. Mark Finchem, the Trump-endorsed Republican running for Sec. of State this year, the state Supreme Court on Monday denied the right for voters to challenge candidates at all based on the Insurrection Disqualification Clause. They determined [PDF] that "no private right of action exists under the United States Constitution or Arizona law" to challenge candidates under the 14th Amendment and that "the Constitution reserves the determination of the qualifications of members of Congress exclusively to the U.S. House of Representatives."

Bonifaz disagrees, but concedes the group is out of court options in the state. However, he explains, the Secretary of State has the final word on ballot eligibility. In this case, that would be Democrat Katie Hobbs, who they've asked to disqualify the candidates. While that might otherwise be encouraging news, it should be noted that Hobbs is also on the ballot this year running for Governor. That could restrict her political options in a matter like this...but we'll see. But credit to FSFP for fighting as hard and as long as possible!

And, yes, Bonifaz tells me, the group intends to bring challenges, on the same Constitutional basis, against Donald Trump if he runs again in 2024. "Absolutely," he vows.

Finally, Desi Doyen joins us for our latest Green News Report, as "unprecedented" wind and heat in New Mexico are fanning out-of-control wildfires across the state, endangering thousands of homes and other structures. Also, wildfires in Russian Siberia are out of control as the military, which usually tensd to them, are otherwise occupied of late fighting Putin's war on Ukraine. But she's got some good news too, about cow burps! That alone may be worth tuning in for!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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