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Latest Featured Reports | Monday, May 16, 2022
Sunday 'Undesirable Outcomes' Toons
You can chalk up PDiddie's latest weekly toon collection to the rightwing radicalism still unmooring our nation from facts and reality...
Attempted Stolen Election, Stolen Docs, and Yes, Murder: 'BradCast' 5/12/22
McCarthy subpoenaed for J6; New fed grand jury for Trump; Eastman advised 2020 election theft in PA; Trump, meatpackers deadly collusion; DeSantis FL gerrymander nixed...
'Green News Report' 5/12/22
  w/ Brad & Desi
Great Barrier Reef bleaching again; Global warming and new diseases; Interior cancels offshore lease sales; PLUS: AZ, CA move to enact more severe drought restrictions...
Recent GNRs: 5/10/22 - 5/5/22 - Archives...
It Ain't the Supply Chain or War. It's the Greed: 'BradCast' 5/11/22
Guest: Inequality.org's Omar Ocampo: Also: NE, WV primary results (who cares what they mean for Trump?); Federal court allows assault weapon sales to CA kids...
Greene Let Off Hook in GA for 'Insurrection', Challengers Appeal: 'BradCast' 5/10/22
Guest: FSFP President John Bonifaz with updates on ballot eligibility challenges in GA, AZ, NC; Also: Leaked SCOTUS 'Roe' opinion shaking up midterms...
'Green News Report' 5/10/22
Raging wildfires in NM; Siberian fires out of control as Russian military otherwise busy; CA plan to cut cow burps; PLUS: Arctic wildfires speeding Arctic ice melt...
'2000 Mules', 74M Repub Dupes, and GOP Fraud Continues: 'BradCast' 5/9/22
Convicted election fraudster D'Souza makes a 2020 election fraud doc; Also: White GOP voter fraud criminal gets no jail time for voting twice...
Sunday 'Mothers Day' Toons
'More of a collection that reflects a future for women who'll be forced to become mothers as a result of someone else's edict'...
After Justices Lied About 'Roe', GOP Ducks, Dems Mount Response: 'BradCast' 5/6/22
Guest: Heather Digby Parton; Also: Biden's record jobs; Trump wanted to bomb Mexico...
Not Everything Sucks. Organized Labor is Rising: 'BradCast' 5/5/22
Guest: Jordan Zakarin of Progress Report, More Perfect Union; Also: Obamas on SCOTUS gutting Roe's Const'l freedoms; Big Oil's record profits, wartime profiteering...
'Green News Report' 5/5/22
EU proposes Russian oil embargo; Plummeting reservoirs prompt 'unprecedented' cutbacks, expose grim secrets in West; PLUS: CA A.G. probes plastic recycling scam...
Midterm Primary Season Kicks of With Voting System Failures in OH: 'BradCast' 5/4/22
Also: Brown defeats Turner in OH; Trump-endorsees win in OH, IN; Amazing appeals court hearing in Cawthorn eligibility case; Trump wanted to shoot BLM protesters...
'Green News Report' 5/3/22
Unprecedented heat in India, Pakistan; 20% of reptiles face extinction; Denmark to ditch natural gas; PLUS: Mass extinction in oceans could be avoided...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


Guest: Political scientist, international relations Prof. Nicholas Grossman of Univ. of IL; Also: EU to embargo Russian oil; USPS sued to block new gas-guzzling truck contract; More bad news for Trump in NY...
By Brad Friedman on 4/29/2022 5:48pm PT  

On today's BradCast: Putin's war in Ukraine continues, as do fears that it could expand into a nuclear World War III. That has led some on the anti-war Left to demand the U.S. and EU spend more energy pushing for a diplomatic solution rather than sending more deadly arms to Ukraine to help it defend itself. But that, according to our guest today, is a false choice. [Audio link to full show is posted after this summary below.]

First up, after recently cutting off the purchase of coal from Russia, the European Union is reportedly now prepared to embargo oil purchases as well. That's good news for Ukraine, very bad news for Russia, but also potentially bad news for American consumers as the global price of oil is likely to further spike as Big Oil CEOs in the U.S. continue to rake in record profits rather than increase production or lower gas prices at the pump. We discuss.

In not entirely unrelated news, as EarthJustice senior attorney Adrian Martinez vowed on this program back in February, his organization along with the Natural Resources Defense Council (NRDC), the United Auto Workers (UAW), 16 states and the District of Columbia are now now suing the U.S. Postal Service to block its purchase of nearly 150,000 new gas-guzzling mail delivery trucks. The $11.3 billion contract, carried out by corrupt Donald Trump's corrupt Postmaster General Louis DeJoy, is unlawful on several bases, they argue. Most notably, the USPS failed to do an environmental impact study, in violation of the National Environmental Policy Act, until after inking their deal with Wisconsin defense contractor, Oshkosh Defense, to build the trucks.

The new gas-powered vehicles are designed to get just 8.6 mpg, barely more than the 30-year old trucks they're replacing and, to make matters worse, will be built in a new non-union facility in South Carolina, rather than the company's union shop in Wisconsin. “Once this purchase goes through, we’ll be stuck with more than 100,000 new gas-guzzling vehicles on neighborhood streets for the next 30 years," California's Attorney General Rob Bonta said in a statement.

The states and the environmental groups --- with the support of the EPA and White House --- are hoping to move the USPS to deploy an all-electric fleet instead. Transportation is the single biggest source of greenhouse gas emissions in the U.S., and the postal fleet's 217,000 trucks is the largest share of the government's nonmilitary vehicles. Federal regulators estimate the new trucks will emit roughly the same amount of Earth-warming carbon dioxide each year as 4.3 million passenger vehicles.

Next, as Russia regroups in the east and south of Ukraine to prepare their next offensive, we're joined today by NICHOLAS GROSSMAN, international relations professor and political scientist at the University of Illinois. He's also Senior Editor at Arc Digital and author of Drones and Terrorism: Asymmetric Warfare and the Threat to Global Security.

This week, Grossman wrote a piece at The Daily Beast, responding to recent commentary from liberal academic icon and anti-war advocate Noam Chomsky, who is critical of the U.S. and NATO for continuing to supply Ukraine with weapons of war, rather than demand negotiations toward peace. As Chomsky argued, while sympathetic with Ukrainian President Volodymyr Zelenskyy's position, increased arming of the beseiged nation fails to "pay attention to the reality of the world," which, without conceding to Russian demands via negotiations, will result in "the destruction of Ukraine and nuclear war."

But Grossman argues that's a false choice and that arming Ukraine is, in fact, at least right now, the best path to peace. "Even just framing it as diplomacy or war is a mistake," Grossman responds today, "in that war and diplomacy are not alternatives that go together. Just about every war ends with some sort of negotiated solution. Ukraine was willing to meet with Russia and did offer some concessions and those weren't enough. But, also, the actions on the ground are in effect a negotiation."

"The way that a lot of political science treats war is to think of it as a bargaining process. You have these two sides, Russia and Ukraine. Russia wants something and Ukraine really doesn't want to give it. And Russia's willing to kill to try to get it, and Ukraine is willing to kill to try to not give it. As long as that's the case, then the two of them don't actually know what they can force the other to accept. And so the war itself, the actual fighting, is to some extent a negotiating process. It is the fighting on the ground that is pushing both sides to figure out what exactly they can force the other one to accept."

"There will be peace," Grossman insists, "but the peace is going to look like many possible different things. One option is a peace where Ukraine is independent. Another option is where Ukraine is subjugated by Russia. Both of those are technically peace. But the Chomsky argument seems to be pushing more for the peace with Ukraine bowing down before Russia. And the problem with that is the Ukrainians don't want to, and there's nothing American can do to make them do it. So the action of 'Hey, we could have this option of getting them to sit down and then work it out and there would be peace, but instead we're not doing that, we're just causing war', just misunderstands that."

"As long as Russia and Ukraine want to fight, they're going to fight, and the United States can't stop that. So our choice is leave the Ukrainians on their own, or help them as they try to fight for independence."

There is, of course, much more to discuss with Grossman, including Chomsky's concerns (and many others'!) that this all leads to the use of nuclear weapons by Russia, as well as his thoughts on those who claim to be anti-war while blaming the U.S. for Russia's aggression. Please tune in for our very insightful and informative discussion today.

Finally, we close with some brighter news. A judge in New York has refused to end the $10,000/day fines levied against Donald Trump earlier this week, after the disgraced former President was found in contempt for failing to adequately respond to document subpoenas from New York state Attorney General Letitia James. Her civil probe into alleged "fraudulent" financial statements by Trump --- inflating or deflating his net worth as part of an alleged years-long bank, tax and insurance fraud scheme by Trump, his company and perhaps his children Ivanka, Don Jr. and Eric --- is continuing toward a potential lawsuit. The Manhattan District Attorney is supposedly reviewing similar matters in consideration of criminal charges. Today, Judge Arthur Engoron denied Trump's motion to purge the contempt ruling (and the daily fines that go with it) after Trump submitted a one-page affidavit claiming he did not have any of the documents sought by James. He failed to explain who did or what he did to search for them.

"Mr. Trump's two-paragraph affidavit adds no useful information to the mix," said James before Engoron's decision today. "Mr. Trump merely states off the top of his head, with no hint that he conducted any type of search, that he has no documents in response to the December 2021 subpoena in his 'personal possession.'"

"It is simply not plausible that Mr. Trump authored only three documents dealing with the value of his assets and his wealth," the state AG wrote. The fines will continue to mount for now, as James' office makes their final determination as to whether or not to formally charge the former President in the coming weeks...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: John Bonifaz of Free Speech for People; Also: Macron's victory; Trump found in contempt in NY, fined $10k/day until subpoena answered...
By Brad Friedman on 4/25/2022 6:43pm PT  

Well, we're back after a much-needed break last week on The BradCast. (Thanks to Nicole Sandler for covering for us for a few days!) As it turns out, disappointingly, news didn't stop just because we were gone!

First up today, some very good news from over the weekend and from this afternoon...

According to Exit Polling (which tends to accurately report on Europe's various hand-marked, hand-counted balloting) on Sunday, center-right French President Emmanuel Macron defeated far-right extremist Marine Le Pen to win a second five-year term. The European Union and democracy-lovers everywhere are breathing a sigh of relief following the apparently failed third try by Le Pen --- a supporter of Trump, Putin and other far-right autocrats and an opponent of NATO, the EU and immigrants --- to win the Presidency. It was the first time in 20 years that a French President has won a second term. Macron did so by a comfortable 17 points, based on Sunday surveys. Le Pen's far-right coalition will now shift their efforts to Parliamentary elections coming up in June.

More good news today, this time out of New York, where the Judge overseeing state Attorney General Letitia James' civil probe of alleged bank, tax and insurance fraud by Donald Trump, his kids and the Trump Organization has found him in contempt. Trump is now being fined $10,000/day until he adequately answers the AG's subpoenas for documents. "Today, justice prevailed," James said in a statement following following the Judge's order. “For years, Donald Trump has tried to evade the law and stop our lawful investigation into him and his company’s financial dealings. Today’s ruling makes clear: No one is above the law." But, in potentially even better news, Asst. Attorney General Kevin Wallace is quoted by AP as saying "We plan to bring enforcement action in the near future". Translation: Trump is about to face serious civil litigation in NY that could ultimately break up and/or bankrupt his company, if successful.

At the same time, the Manhattan District Attorney's criminal investigation into many of the same matters, regarding Trump committing fraud over many years by lying on his annual financial statements, continues as well.

The quest for accountability in the wake of our failed former President's attempt to steal the 2020 also continues elsewhere. On Friday, Georgia's far-right Republican U.S. Rep. Marjorie Taylor Greene became the first sitting member of Congress to answer questions under oath about involvement in the January 6th, 2021 insurrection at the U.S. Capitol. Her testimony in an Atlanta courtroom, following a ruling to allow it by a federal judge, came in response to a ballot eligibility challenge filed by several voters in her 14th Congressional District. They charge Greene is ineligible for office based on Section 3 of the U.S. Constitution's 14th Amendment. The so-called Insurrection Disqualification Clause bars from office those who, after previously taking an oath to defend the Constitution, subsequently "engaged in insurrection or rebellion against the same" or have "given aid or comfort to the enemies thereof."

Greene was just one of the members of Congress who was neck-deep in the attempts by Trump and his MAGA Mob to block the certification of Joe Biden's 2020 election victory. She even went so far, as video produced by the plaintiff revealed, as to threaten violence to prevent the peaceful transfer of power to the new President. On Friday, Greene sat for several hours of questioning from attorneys at Free Speech for People (FSFP) who are representing voter-clients in Georgia, as well as several other states where voters are challenging the eligibility of elected officials who "engaged in insurrection" or gave "aid or comfort" to those who did.

Today, we step through her prevaricating testimony from Friday, in which she attempted to lie about charging that Democratic U.S. House Speaker Nancy Pelosi had committed treason ("punishable by death," Greene noted in the video she initially tried to pretend did not exist) and about expressing approval for a comment on her own Facebook page calling for a "bullet to the head" of the Speaker.

Much of Greene's testimony consisted of dozens of "I don't recall" and "I don't remember" responses to the plaintiff attorneys, even as her memory was suddenly razor sharp when it came to remembering tweets, comments and other social media posts and videos cited by her own defense attorneys. While Greene claimed she never called for violence, the clear record proves otherwise.

We're joined today by JOHN BONIFAZ, Co-founder and President of FSFP, the group working with voters bringing the challenges to Greene in GA, as well as Rep. Madison Cawthorn in North Carolina, Reps. Paul Gosar and Andy Biggs in Arizona, and against far-right AZ State Rep. Mark Finchem, the Trump-endorsed Republican candidate for Secretary of State.

Bonifaz offers his reaction to Friday's hearing and Greene's attempt to evade accountability for her role in the 2021 insurrection. He also offers updates on the appeals filed in federal court in North Carolina (where a Trump-appointed judge rejected FSFP's challenge to Cawthorn's candidacy on a rather remarkable basis, as discussed) and in AZ, where a Maricopa County Superior Court Judge on Friday dismissed FSFP's challenge to Gosar, Biggs and Finchem. In that case, as Bonifaz details, the judge rejected the Constitutional challenge not on the merits, but on the claim that private citizens have no right to sue under the 14th Amendment. Bonifaz, a longtime, well-respected Constitutional law expert, explains why he believes the AZ judge is wrong (for example, he observes, it would allow a 14-year old or Vladimir Putin to run for Congress!) and the basis for which his organization is appealing that ruling.

Meanwhile, back in Georgia, the state administrative law judge who oversaw Friday's testimony, Charles Beaudrot (a corporate tax attorney who was initially appointed by a Republican Governor), will soon give his recommendation to Republican Sec. of State Brad Raffensperger as to whether Greene should be disqualified from the mid-term ballot. Raffensperger will then decide whether to accept Beaudrot's recommendation or not.

No matter how it all shakes out, Bonifaz tells me today, the federal court ruling which allowed the challenge to go forward in the state last week is a victory in and of itself.

"Independent of what happened in the hearing on Friday," Bonifaz says, "what's happened is the door has now been opened for somebody like Donald Trump --- or anyone else who took an oath of office and engaged in insurrection --- being held accountable in Georgia. That door is now open because the precedent is there for voters to be able to challenge them based on Section 3 of the 14th Amendment. Assuming its upheld by the 11th Circuit (Greene's attorney, who also works for Trump, is appealing the U.S. District Court Judge's ruling) that means there will be a challenge, I think, to Donald Trump appearing on the Georgia ballot in 2024."

There's lots more in today's conversation with Bonifaz! Please tune in...

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Guest: GW University Law School's Randall D. Eliason; Also: KBJ's historic SCOTUS confirmation; Insurrectionist House members facing ballot eligibility challenges in AZ; Trump facing contempt in NY...
By Brad Friedman on 4/7/2022 5:34pm PT  

A bad day for Donald Trump is generally a good day for America. Today on The BradCast (after horrible and tragic news unexpectedly swept over our show yesterday), it's one of those days. And, if our guest, a former federal prosecutor is correct, there may well be many more such bad days ahead for our disgraced former President. [Audio link to full show is posted below this summary.]

FIRST, history was made toward "a more perfect union" on Thursday when the U.S. Senate voted 53 to 47 to confirm Joe Biden's nominee, Ketanji Brown Jackson, as the nation's first black female Justice on the U.S. Supreme Court. She will officially be sworn in and seated in July, at the end of the Court's current term, when Justice Stephen Breyer officially resigns.

SECOND, three more 2022 ballot eligibility challenges were filed today against three more Republican insurrectionists, courtesy of good government group Free Speech for People, this time on behalf of voters in Arizona against Congressmen Paul Gosar and Andy Biggs, as well as AZ State Rep. Mark Finchem, the Trump-endorsed candidate for Secretary of State. The new Constitutional challenges follow on similar ones currently being litigated against Rep. Madison Cawthorn in North Carolina and Marjorie Taylor Greene in Georgia. All are based on Section 3 of the 14th Amendment which bars those from holding office who have sworn an oath to support the Constitution, before subsequently, as per 14.3, having “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."

THIRD, yet more good news today, as New York Attorney General Letitia James asked a state Court to hold Donald Trump in civil contempt for refusing to comply with a court order to turn over documents, as part of her investigation into bank, tax, and insurance fraud by the former President and his family members, Ivanka and Don Jr. Shortly after that court filing on Thursday, Manhattan D.A. Alvin Bragg told CNN that his criminal probe into many of the same matters is "very much ongoing," despite the two lead prosecutors in the years-long probe recently resigning after charging that Bragg was not willing to move forward with indictments against Trump.

THEN, we get to our guest today, who may --- depending on how you look at it --- have the best news of all for those hoping to see actual federal prison time for the disgraced former President. It could take a while, but he's here to tell us today that U.S. Attorney General Merrick Garland's investigation of the January 6th insurrection is proceeding in precisely the way he would expect it to proceed if, in fact, the AG was investigating possible criminal indictments of Trump for his part in inciting the deadly attack on the U.S. Capitol.

Writing at Washington Post late last week, RANDALL D. ELIASON, a former Asst. U.S. Attorney in D.C., where he served as Chief of the Public Corruption/Government fraud section, argued that legal critics of Garland, mostly on the left, are wrong. He sees progress by the Department as moving "impressively fast" and "unfolding at an increasingly rapid clip" just over one year into the investigation. (Eliason penned a similar argument late last year at WaPo.)

To date, independent investigative journalist Marcy Wheeler of Emptywheel has made one of the loudest cases, in the face of skeptics, that Garland is, indeed, working his way up the legal food chain toward Trump in the DoJ's huge investigation of the J6 insurrection. (She's joined us on the show a number of times in recent months to argue as much.) Today, Eliason says he believes she's absolutely right.

"There's this huge debate on Twitter and elsewhere, whether Garland's doing nothing at all or whether this is just what we should expect [if working toward a potential Trump indictment]. I agree with Marcy Wheeler here that this is exactly what we should expect," he tells me. "The signs are this is in fact what's happening."

"The alternative is you rush, you put together a case without doing it properly just to bring some charges, and you lose. You don't want to bring a half-baked case in something that's this significant or this important. If you're going to bring a case at all, you've got to do it properly."

"Garland's role here is to not be swayed by political pressures, but to take the case wherever the facts and the law lead them, as he said. Which, to me, appears to be exactly what he's doing," argues Eliason, who now teaches white collar criminal law at George Washington University Law School in D.C. "And the suggestions, frankly, from some of the critics, that Biden should replace him, or fire him, or lean on him to do something --- that's exactly what everybody was outraged about when Trump and Barr were doing it. That kind of politicization of the Justice Department --- the idea that Biden should lean on Garland or fire him because he's not moving fast enough --- is the exact opposite of what we want. And the exact opposite of what Biden and Garland promised to do to get away from the Trump era, where Bill Barr was running around and doing favors for Trump cronies, interfering in the administration of justice, and politicizing the Justice Department. That is the last thing we want."

Eliason speaks to how and if DoJ and the House January 6 Committee may be coordinating their efforts, and why some members of that Committee have recently called on the Departments to do more, faster. He also offers insight on why it may be that Mark Meadows, Trump's last Chief of Staff, has yet to be indicted for Contempt after Congress, after being referred for the charge months ago by the House, even as Steve Bannon was indicted within weeks after a similar referral.

In our broad discussion on these matters, we also discuss the unique time elements involved here, in regard to the possibility that Trump could declare his candidacy to run in 2024; what DoJ guidelines mandate regarding investigations or indictments to close to an election; and whether a federal indictment by Biden's Justice Dept. in such a case would be seen by the former President and his cult-like followers as little more than a political vendetta

There's a lot to tune in for here, particularly if you are a Garland skeptic or frustrated with the pace of his investigation. As Eliason reminds us, the Enron indictments came a full four years after the collapse of the company and their scam was exposed. Even Watergate took at least two years before major charges were brought. We are now just over one year out from what has become the largest probe in DoJ history. By far.

In addition to discussion about Trump accountability for his attempts to try and steal the 2020 election, we also discuss Trump's NY legal threats, and what should be done about corrupt, far-right activist Supreme Court Justice Clarence Thomas following the recent news that his corrupt, far-right activist wife Ginni was relentlessly texting Meadows in the days following Trump's election loss to encourage the Administration to prevent the peaceful transfer of power to Joe Biden, the winner of the 2020 Presidential election.

FINALLY, Desi Doyen joins us for a bit more accountability talk, this time for Big Oil CEO war profiteers who testified this week in Congress, in our latest Green News Report. Also on the GNR rundown today, Europe's move to ban Russian coal, the EPA's plan to finally ban deadly asbestos and the increasing cost to tax-payers --- in dollars and lives --- of increasing power outages during increasingly powerful climate change-fueled storms...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Author, journalist John Judis of TPM with 'A Dissenting View of US Policy toward Russia'; Also: Latest news on Ukraine; Good news on redistricting in PA, OH; Bad news for Trump criminal probe in NY?...
By Brad Friedman on 2/23/2022 5:48pm PT  

The bad news for democracy continues overseas on today's BradCast, but there is at least a bit of better news on that front back here at home. [Audio link to full show is posted at end of this summary.]

FIRST UP, the latest on the crisis in Eastern Europe: Ukraine declares a nationwide state of emergency; Russian troops are said to be "as ready as they can be" and "literally ready to go now, if they get the order to go," according to U.S. officials; Nancy Pelosi describes the Russia's aggression as "an attack on democracy'; China's U.N. ambassador seeks a diplomatic and peaceful solution for "safeguarding the sovereignty and territorial integrity of all states"; And a new AP polls finds little support among Americans for a "major role in the conflict" (though a "minor" one is much more popular.)

THEN, with that grim news for democracy overseas, some slightly better news back home. The GOP majority on the Ohio Redistricting Committee has, apparently, given up in their attempt to draw state legislative and U.S. House maps that they can live with and which meet the new requirements of both the state constitution and state Supreme Court. What that means for the future of those maps, with primary election deadlines drawing near in a close-divided if GOP-leaning state, is currently unknown. But it's likely not good new for Republicans who had hoped to continue their extreme gerrymanders of the past 10 years.

In the critical swing-state of Pennsylvania some (almost) unambiguously good news along these lines. After a standoff between the commonwealth's GOP state legislature and Democratic Governor, today PA's Supreme Court has selected a map to be used that is supported by Democrats, voting rights advocates and is seen as fair by political analysts, according to the Pennsylvania Capital-Star. The new map will combine two currently Republican U.S. House districts into one, to make up for PA's loss of a House seat following the 2020 census. That said, there is still an existing federal lawsuit against the new maps filed by a number of Republicans. And with the GOP's packed federal courts, anything could happen these days.

NEXT, it's back to Ukraine. Or, at least, U.S. foreign policy in Russia and Ukraine which our guest today, JOHN JUDIS, argues has helped lead to this moment of crisis and potential war for many years, not unlike other failures of U.S. foreign policy where America has failed to play the long game.

Judis is a journalist, author and Editor-at-Large for Talking Points Memo after spending two and a half decades at The New Republic. His latest book (his eighth), is The Politics of Our Time: Populism, Nationalism, and Socialism and his latest piece for TPM, which we discuss in detail today, is "A Dissenting View of US Policy toward Russia".

He details how the latest mess in Ukraine begins way back in the late 80s and early 90s and, like a number of similar U.S. foreign policy failures in recent decades, was based on the misguided theory "that as you become more capitalist, you become more democratic. This was an entirely abstract notion, not borne out by any particular experience, but more by a kind of millennial dream that Americans have had of a world transformation, of making the world like us. And it backfired."

Judis, who notes in his TPM piece that he both opposes Putin's "decision to dismember Ukraine" and supports "placing sanctions on Russia," nonetheless cites China, Iraq and now Russia/Ukraine in our conversation today as case studies where "we sort of get into these things willy-nilly. Where we start off, we're going to make things better and we end up with a big war."

Among the many related topics we delve into here: America's broken promise to prevent NATO from moving east toward Russia after the end of the Cold War; Putin's "designs on expansion" and whether expansion of NATO is really what's triggering him; Or is it fear of a prosperous democracy next door in a former Soviet state?; What was the real U.S. interest in the expansion of NATO? Was it security or a money machine for the arms industry?; And why has the U.S. so consistently failed to play the "long ball" game in so many of its foreign policy gambits?; Is declaring neutrality for Ukraine the best way out of this mess?; And why did Judis find it necessary to put forward a "dissenting view" to so many of the "foreign policy establishment types" receiving much of the airtime on American media outlets, arguing only on "a very narrow, tactical basis"?

As Desi notes after the discussion, you'll get a broad "history lesson" along with much more in today's conversation with Judis.

FINALLY, bad news in New York? It sure seems like it today. The New York Times broke the news this afternoon that the two lead prosecutor in the Manhattan D.A.'s criminal investigation of Donald Trump and his company have abruptly resigned. That, after a monthlong pause in what had previously been an accelerating investigation last month, and after the new D.A., Alvin Bragg, finally got fully up to speed after succeeding Cyrus Vance, Jr. at the end of last year. The Times reports that Bragg reportedly has "doubts about moving forward with a case against Mr. Trump." The new D.A.'s office, however, says that the investigation remains ongoing. There is still much unknown here, but the civil probe by NY's state Attorney General Letitia James, looking into many of the same alleged bank, tax and insurance fraud schemes by Trump and his company, continues to power forward, as does another lesser discussed criminal probe by the D.A. in New York's Westchester County...

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Also: Spotify's shame; Disgraced CO County Clerk to run for SoS; BRAD BLOG server failure; 13th Anniversary 'Green News Report'; MORE...
By Brad Friedman on 2/17/2022 6:05pm PT  

"If you're innocent, why are you taking the Fifth Amendment?," Donald Trump used to repeatedly bellow at his campaign rallies. "It's disgraceful," he would tell his MAGA Mob over and over again in 2016. "Only the mob takes the Fifth!" All words that, we just have a feeling on today's BradCast, may soon come back to haunt the disgraced, twice-impeached former President. [Audio link to full show is posted at end of this summary.]

Trump, and his family, and his family business, are now just losing motion after motion, case after case in courts across the country. And the more the losers lose, the more they have to lose.

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

  • The BRAD BLOG web server was offline for much of the past 24 hours. We explain what happened and why we're likely gonna need to some shows off in the days ahead in hopes of finally fixing it. (And, yes, we could really use your help!)
  • Of course, if we had an obscene $200 million contract from Spotify (not just $100 million as previously reported), it might be much easier to fix it. But nobody is worth $200 million just to talk on air or on a webstream, no matter how important what they may have to say. But that's especially true for folks like Joe Rogan, who just fills the time with words --- entertaining or otherwise --- that may also have the affect of killing people. Moral of the pathetic Spotify/Rogan story: the company doesn't pay its musical artists nearly enough and, if they have that much extra money lying around to blow on one guy to help spread deadly misinformation, they are also definitely not paying enough in taxes.
  • As to our loser former President and his loser family, Donald Trump and his daughter Ivanka and son Don Jr. lost bigly in New York court on Thursday, where a judge ordered them to answer questions under oath within the next 21 days from state Attorney General Letitia James. She is investigating the family and their business for very clear evidence of years of bank, tax and insurance fraud. Their gambit to sue to the AG to avoid sitting for a deposition has failed and each of them may well consider pleading the Fifth very soon. Ya know, like the mob does.
  • The news was no better for Trump in his hopes of avoiding accountability regarding the insurrection he incited last year on January 6th, in his last desperate bid to steal the 2020 election. On Wednesday, President Biden and the White House counsel rejected Trump's attempt to invoke Executive Privilege to block White House visitor logs from January 6th, 2021.
  • And, also in D.C. this week, the Attorney General there had another victory in court over the Mob Family Trump, when a federal judge allowed him to restore the Trump Organization back into his lawsuit regarding millions of dollars that Trump and his family and his Trump Organization appear to have unlawfully stolen from the non-profit Presidential Inauguration Committee back in 2017. In a stunning ruling by a different judge last year, the company had been released from the lawsuit. But D.C. Attorney General Karl Racine brought evidence to the Court revealing that the unspeakably cheap and greedy Trump Organization inappropriately billed the Committee for about $50,000 in Inaugural weekend hotel rooms that they never ended up using. We explain the sleazy backstory.
  • In somewhat similarly amusing news, out in Colorado, the very Trumpy disgraced and recently arrested Mesa County Clerk, Tina Peters has now declared her intention to run for Secretary of State! Her backstory of recent disgraces --- apparently helping to steal and distribute proprietary voting system software after sneaking into a secure warehouse and turning off security cameras in the middle of the night; being relieved of her duties and barred from overseeing her county's election by a state judge; being investigated for election-related crimes by local, state and federal prosecutors; and being hilariously arrested last week for refusing to turn over evidence that she violated a judge's order by video-taping a court proceeding (among other stuff) --- should make her a top-notch candidate to win the GOP primary for the state's top election official this year! That, even as state Republicans are pretending as if they'd really rather she didn't run at all.
  • Finally, Desi Doyen joins us for our 13th Anniversary Green News Report! Despite almost certainly being the nation's longest-running bi-weekly national broadcast devoted to coverage of our climate crisis, the news on that front continues get largely worse, not better, as revealed again in today's episode. Though, as usual, there is also a bit of very good news on that front to help the medicine go down a bit easier...

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Guest: Former Asst. U.S. Attorney Randall D. Eliason; Also: Climate disaster in Rio; Retail sales boom under Biden; I.G. finds Trump Interior Sec. 'misused public office for private gain'...
By Brad Friedman on 2/16/2022 6:05pm PT  

The clean up on aisle 45 seems to never end on The BradCast. But a whole bunch of experts (including our guest today) suggests our disgraced former President is inching ever closer to some very bad news --- at least in New York. [Audio link to full show is posted at end of this summary.]

First up, some other news not getting enough coverage today...

  • Our climate emergency continues to worsen, as 10 inches of rain fell in three hours in a mountainous tourist area near Rio in Brazil on Tuesday. As of airtime at least 58 were confirmed killed by the downpour and the deadly mudslides it triggered. That comes on the heels of at least 40 killed in similar storms in Brazil last month, as the nation's President, Jair Bolsonaro, has allowed for the acceleration of deforestation in the Amazon rainforest, contributing to our worsening climate crisis and resulting in these deadly, extreme weather disasters.
  • The Biden economic boom continues, despite corporate media's continuing obsession with inflation. On Wednesday, the Commerce Department reported consumer spending surged in January, and at much higher numbers than can be attributed to inflation. Retail sales nearly doubled what Dow Jones had previously estimated would be seen in January. A separate report today also found that industrial production spiked three times higher than estimates for last month.
  • Donald Trump's disgraced Interior Secretary, Ryan Zinke, "misused his public office for private gain" and lied about it to government ethics officials, according to a report [PDF] released Wednesday by the Department's Inspector General. Despite vowing, upon his confirmation as Trump's Interior chief in 2017, to disassociate with a foundation he worked with and a related commercial venture while serving as Secretary, Zinke was found to have communicated with the group dozens of times via email and text; had private meetings with them in D.C.; and played an "extensive, direct, and substantive role" in a commercial development project that would also benefit a private commercial project of his own in Montana. The I.G. reportedly referred the matter to Biden's Dept. of Justice, which --- for reasons unknown --- declined to bring criminal charges against Trump's disgraced former Interior chief. And, because no accountability was ever brought over this matter --- or a host of other personal Zinke scandals revealed while he served under Trump --- the wildly corrupt Zinke is now running again for high office in Montana, hoping to win back his old U.S. House seat this year.

Then, it's on to our guest today, for insight on a number of related matters.

Earlier this week, it was revealed that Trump's longtime accounting firm, Mazars USA, informed him and his family business last week that they would no longer be doing business with them. Moreover, they informed Trump that nearly 10 years of annual financial statements they'd prepared for him and the Trump Organization should no longer be relied upon to be accurate in any way, as it was based on faulty information supplied by Trump.

The company informed Trump that Statements of Financial Condition created from 2011 to 2020 were being retracted and that, due to a "conflict of interest", they would no longer be working for his company. The news came via a court filing on Monday by New York state Attorney General Letitia James in response to the attempt by Trump and his children to avoid depositions in James' civil investigation into alleged bank, tax and insurance fraud by all of them. The Manhattan D.A. is also running a concurrent criminal probe into many of the same matters.

Since that news became public this week, a number of legal experts have explained that Mazars' "conflict of interest" almost certainly means the firm is now cooperating with New York prosecutors against Trump and his businesses. Longtime Trump investigative reporter David Cay Johnston told CNN on Tuesday that he believes Trump and his company and maybe even his kids, will, in fact, be indicted on racketeering charges in the state.

We're joined today by former Asst. U.S. Attorney RANDALL D. ELIASON, who spent years as Chief of the DoJ's Public Corruption/Government Fraud section in D.C. He's now a law professor at George Washington University Law School where he is an expert in white collar criminal law. Eliason offers helpful insight into Trump's increasingly serious New York troubles and discusses his recent opinion piece at Washington Post calling on Attorney General Merrick Garland to explain himself in regard to the DoJ's probe (or lack thereof) into the 10 or more obstruction of justice allegations detailed by Robert Mueller in the report on his Special Counsel investigation.

On the New York matter(s), Eliason cites a recent comment he'd heard that Mazars' dumping of Trump suggests "the ship is leaving the rats." He charges that the financial firm is clearly "trying to distance themselves, and that suggests they see something bad coming down the road for their client." He concurs that "the most likely explanation for what's going on is that Mazars is now cooperating, either in the criminal case or the civil case, or both, and potentially testifying against Trump and the Trump Organization. That definitely creates a conflict of interest, to where they'd say, 'Well, I can't be your accountant anymore because now I'm actually a witness against you.'"

Eliason also offers a very helpful explanation of what racketeering charges actually are, and how, if Johnston is right, that might play into the New York state prosecutions and even the investigation by Fulton County, Georgia District Attorney Fani Willis into Trump's conspiracy to steal the 2020 election in the Peach State. Eliason further helps us understand how both the NY state Attorney General and Manhattan D.A. could both ultimately bring charges for the same set of fraud crimes, but as a civil matter (resulting in fines and other such penalties) by the A.G. and as a criminal indictment (potentially resulting in prison time) by the D.A.

As to the curious case of Merrick Garland, as Eliason highlighted in his recent Post op-ed, he does not count himself among those who think that Biden's Attorney General is necessarily dropping the ball. But he does believe an explanation is warranted to the American people regarding any potential investigations of Trump on the many cases of obstruction painstakingly spelled out in Mueller's Special Counsel report on Russian interference in 2016 and Trump's related firing of FBI Director James Comey.

On Monday, the statute of limitations into the oldest such obstruction allegation cited by Mueller has now run out. (That, as Eliason detailed at the Post, was "Trump’s alleged request to then-FBI Director James B. Comey to drop the criminal investigation of disgraced former national security adviser Michael Flynn. Other acts of possible obstruction soon will be similarly time-barred.")

"This clock is ticking away," Eliason tells me today. "Given the size of the investigation, the seriousness of the investigation, the detail in that report, even though DoJ doesn't normally comment on cases that it's not going to bring, or that it's not prosecuting, in this case they should. They should tell us something about what's happened with that Mueller Report now that we have an administration in office that is not filled with Trump appointees."

Eliason spells out why he believes that, while the DoJ doesn't usually comment on such cases, "this is a unique case" where "a lot of people are really convinced that the evidence of obstruction was pretty overwhelming" and that "it's bad for the Department and bad for the country if that just is allowed to fade into the distance and nobody ever says, 'Hey, we did take a look at this, and here's what we decided.'"

In fact, Eliason believes there is evidence to suggest that Garland is carefully looking at Trump's potential criminal exposure in regard to the January 6 insurrection at the U.S. Capitol, but is less certain about his handling of the Mueller allegations and thinks "there should be some closure on that.".

All of this, of course, as the clock may also be ticking toward an announcement by Trump that he plans to run for President again in 2024. How would that affect any potential federal indictments against the twice-impeached former President? We discuss that matter --- "practically speaking, that gets really hairy --- as well.

Finally, in our closing few minutes, a few more thoughts on Trump's worsening New York woes from someone else with a unique perspective. George Conway, the longtime Republican attorney and husband of Trump's former Campaign Manager and White House aide Kellyanne Conway, tells CNN why he believes the Mazars news to be far worse for Trump than his two impeachments as President...

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Guest: Eric Boehlert of Press Run; Also: SCOTUS allows Nat'l Archives to release Trump Jan. 6 records to House; NY A.G. details 'fraud' by Trump family; Fox Nation gets a historian's hilarious 'hard no'...
By Brad Friedman on 1/19/2022 6:21pm PT  

Joe Biden is now one year in. Donald Trump is now one year out. Have the media figured out how to properly cover either or both of them? We discuss on today's BradCast. [Audio link to full show is posted below this summary.]

But first, Trump's troubles are getting worse by the day hour. It's been a bad 24 hours for the disgraced, twice-impeached, one-term former President. But that's usually good news for America!

As we literally begin today's program, news breaks that the U.S. Supreme Court is allowing the National Archive to turn over hundreds of pages of Trump White House documents to the bipartisan U.S. House Committee investigating the January 6, 2021 attack on the Capitol and Trump's attempt to steal the 2020 Presidential election.

That bad news for Trump (and good news for everyone else) follows last night's bad news for him (and good news for us) out of a New York state courtroom. NY Attorney General Letitia James has been investigating years of apparent bank, insurance and tax fraud by Trump, the Trump Organization, and Trump's children for years. She recently subpoenaed Trump and his kids Ivanka and Don Jr. to sit for depositions in her civil probe. (She is also working with the Manhattan D.A.'s long-running criminal probe into related matters.) Trump and the kids sued to quash the subpoena and, late on Tuesday night, James' office filed documents in response, detailing what she describes in the court papers as "significant additional evidence indicating that the Trump Organization used fraudulent or misleading asset valuations to obtain a host of economic benefits, including loans, insurance coverage, and tax deductions.”

We discuss some of that "significant additional evidence" today, along with the additional news that when Eric Trump, back in 2020, failed to quash his own subpoena, he subsequently "then invoked his Fifth Amendment right against self-incrimination in response to more than 500 questions over six hours.” That's his right, of course. But back in 2016, while running for President, Trump described pleading the Fifth as "disgraceful". "The mob takes the Fifth," he said at the time. "If you're innocent, why are you taking the Fifth Amendment?" We'll see if he, Ivanka and Don Jr., soon join his "disgraceful" son Eric in doing the same, along with the Trump Organization's "disgraceful" Chief Financial Officer Allen Weisselberg, who's already been criminally charged with fraud in Manhattan after also pleading the Fifth more than 500 times as well during his own deposition with James.

And then there's the new guy in the White House, who doesn't seem to be criminal or a liar or a fraudster at all. Today marked the end of Joe Biden's first year in office. It's been a rocky one at times, but also extraordinary successful on a number of legislative and economic issues.

We're joined today by ERIC BOEHLERT, longtime media analyst and publisher of the Press Run newsletter, to discuss media coverage of Biden at the one year mark, and how it compares to coverage of Trump's first --- and subsequent --- years in office.

While Biden's approval numbers have been flagging in recent months --- Gallup pegs his one year average at just under 49% --- they are still above Trump's during his entire Presidency. Nonetheless, we saw little from the media declaring Trump's Presidency was over or a failure at the end of his first year, by way of contrast with what we see from the media now, despite several remarkable successes for Biden over the last 365 days.

"It's very similar to Obama," Boehlert asserts. "If you go back and looked at his first year, first term, 'Oh his coalitions are falling apart!' Lots of doomsday coverage for Obama that turned out to be nonsense." He later adds, "Good luck going back and finding stories about whether the Trump Presidency was failed, 'How does he reset?,'" after his first year. "There was an acceptance that Trump was going to poll in the thirties, and the press just went on from there. In terms of how the coverage differs from Biden and Trump, I think that's the key one there."

Suffice to say, the difference in coverage of each President, as Boehlert details, is stark. And not in a good way. Among the other related issues discussed, above and beyond media coverage of the two Presidents: Has the media come to fully understand, much less appreciate, the unprecedented nature of this tenuous moment for American democracy itself?

"We have two sides," Boehlert explains. "A center-left Democrat doing his best, and we have a Republican Party that wants to destroy free and fair elections in America. So if you're the press, don't play that down the middle. Don't pretend those are similar choices."

"When Trump was inaugurated, the press didn't change how it covered Trump," he observes. "You would read the coverage and think Jeb Bush was President, you would think John McCain was President. You would think this is center-right, normal, traditional....not this madman narcissist. I think with the Biden era, they just want to play this game --- 'His polling is down! We've found some Democrats who are critical of him!' These aren't the times for the norm. The Trump years weren't the time for the norm. And we're not seeing drastic change." And that failure by our corporate media is not a good sign for the nation. Or the planet.

Finally today, it appears that Fox "News" is not satisfied by simply rewriting reality in the present. They are now attempting to rewrite history itself, it seems, as far as who actually killed Abraham Lincoln. Seriously. In the bargain, a Lincoln assassination expert's response to an invitation to appear on Fox Nation (the propaganda streaming service companion to the propaganda cable news channel) to discuss it, is one for the ages!...

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New Trump subpoenas; Climate change devastation in CO; Twitter ban for MTG; Hope for accountability as 'Every Day is Jan. 6 Now'; Plus: Callers!...
By Brad Friedman on 1/3/2022 6:33pm PT  

Well, we're back! That may or may not be good news depending on who you are and how you choose to look at it. Either way, we're getting our sea legs back on today's BradCast after a week off between the holidays (thanks, Nicole Sandler for covering for us for much of that time!), but it looks like the new year may not be much different than the old one. At least not necessarily better. At least not immediately. Nonetheless, we remain hopeful since it beats the alternative. [Audio link to full show is posted below this summary.]

Among the stories and news both good and bad on today's program...

  • A document unsealed by the New York Supreme Court on Monday confirms that not only was Donald Trump subpoenaed for testimony and documents last month by state Attorney General Letitia James, so were his son and daughter Don Jr. and Ivanka. (Eric had already been subpoenaed and forced to give testimony in late 2020.) James is running a civil investigation into years of alleged bank and tax fraud by Trump and his Trump Organization. The District Attorney's office in Manhattan is also probing similar matters in a criminal investigation that James is partnering with, so there's a lot on the line and all of the Trumps, naturally, will try to quash and/or evade their lawful subpoenas. Like Eric, they will likely fail. The Manhattan DA is now Alvin Bragg as of this past weekend. He replaced the previous DA over the weekend, after Cyrus Vance, Jr. decided not to run for reelection last year. Vance's --- now Bragg's --- office has already brought criminal fraud charges against the Trump Organization and its Chief Financial Officer, Allen Weisselberg, for running a tax-avoidance scheme that paid executives benefits that remained off the books and untaxed.
  • In less bright news to start the year (and end the last one), Colorado officials now say that nearly 1,000 homes and other structures were destroyed and hundreds more damaged during a massive December wildfire among hurricane-force wind gusts last Thursday in the now well-populated suburbs between Denver and Boulder. Desi Doyen joins us to explain the climate change-related conditions --- unusual warmth, extreme drought, historic lack of snow and rain --- that made the fire so damaging.
  • The news got a bit brighter --- again, depending on how you look at it --- after Twitter permanently suspended Rep. Marjorie Taylor Greene (R-GA)'s personal account over the weekend. The far rightwinger has long used the social media service to spread lies, fraud and nonsense and, in this case, violated the company's COVID-19 misinformation policy for a fifth time. Her fifth and final strike was a tweet falsely citing "extremely high amounts of Covid vaccine deaths", citing the CDC's self-reported VAERS (Vaccine Adverse Event Reporting Systems) database frequently and misleading cited by anti-vaxxers. Anyone is able to (and frequently does) add records to the public-facing database falsely claiming injuries or deaths related to COVID vaccines. Greene's Congressional Twitter account has not (yet) been banned, and we discuss the pros and cons of giant social media companies being able to permanently suspend users like the Congresswoman or even the former President, as they did last year. (And, yes, I have some experience in facing down Twitter, even when they inaccurately block the posting of accurate and independently verifiable reporting.)
  • But with all that is going on, none is more important than saving our faltering democracy from those on the Right in the MAGA Mob who are scheming to completely undermine it. On New Year's Day, the New York Times' Editorial Board published a must-read editorial headlined "Every Day is Jan. 6 Now". They are absolutely right. "In short," they argue, "the Republic faces an existential threat from a movement that is openly contemptuous of democracy and has shown that it is willing to use violence to achieve its ends." They conclude...

    Whatever happens in Washington, in the months and years to come, Americans of all stripes who value their self-government must mobilize at every level — not simply once every four years but today and tomorrow and the next day — to win elections and help protect the basic functions of democracy. If people who believe in conspiracy theories can win, so can those who live in the reality-based world.

    Above all, we should stop underestimating the threat facing the country. Countless times over the past six years, up to and including the events of Jan. 6, Mr. Trump and his allies openly projected their intent to do something outrageous or illegal or destructive. Every time, the common response was that they weren’t serious or that they would never succeed. How many times will we have to be proved wrong before we take it seriously? The sooner we do, the sooner we might hope to salvage a democracy that is in grave danger.

  • The Times' warning is on the money. New polling from ABC-Ipsos finds that not nearly enough Americans understand the very real threat posed to American democracy by Donald Trump's attempt to steal the 2020 election through violence at the U.S. Capitol last year on January 6, nor the GOP efforts to make such an attempted theft all but impossible to prevent in 2024. On a related note, a new Morning Consult survey finds the Republican Party has paid no price among GOP voters --- and even all voters --- for either the Jan. 6 attack or the party's subsequent efforts to pass new voter suppression laws that also allow partisan officials to overturn legitimate election results for purely partisan reasons.
  • But on that matter too, there is hope as the new year begins. Members of the bipartisan U.S. House Select Committee investigating the Jan. 6 attack are united in their efforts to expose what happened, who is responsible for it, and any laws they feel may have been broken in the bargain. Over the weekend, Committee Vice-Chair Liz Cheney (R-WY) detailed the panel's ongoing plans to hold public hearings in the new year to help detail all of the above, as based on more than 300 witness interviews and some 35,000 pages of documents, texts, emails, etc. Cheney explained on ABC's This Week program on Sunday that then President Trump watched the entire attack unfold on television from the dining room just off the Oval Office while ignoring threats from GOP House minority leader Kevin McCarthy and from his own daughter Ivanka to take action to take action to quell the insurrection that he incited. She even went as far as to say that Trump is "clearly unfit for future office" and "clearly can never be anywhere near the Oval Office ever again." She even went as far as to say she agrees with Hilary Clinton that if Trump runs and wins next time, "that could be the end of our democracy."
  • There was much more today, of course, but that gives you an idea of where we are as the new year begins. And callers also rang in throughout today's program with their own thoughts on all of the above and here is that must-listen interview I mentioned from Nicole Sandler last week with investigative journalist Marcy Wheeler of Emptywheel, offering her very well-documented argument that no one should yet give up hope for accountability for Trump from the DoJ and Attorney General Merrick Garland (which we hope to discuss in more detail in the days ahead)...

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Manchin is trying to kill the most progressive Presidential agenda in decades; Omicron is trying to kill everyone; Both are killing Christmas; Plus: Trump's new lawsuit means he's in trouble; And callers ring in!...
By Brad Friedman on 12/20/2021 5:42pm PT  

On today's BradCast: Merry Christmas. Christmas is cancelled. Thanks Joe Manchin and Omicron.

Manchin dropped a bombshell over the weekend, announcing on Fox "News" that he could not support the Build Back Better (BBB) act, the better part of the historically progressive agenda of President Biden and of largely every other Democrat in the House and Senate. That, after the measure was scaled from a $6.5 trillion package to just $1.75 trillion in order to appease the West Virginia Democrat. If Manchin remains a "NO", the bill --- and, perhaps the Biden Presidency along with it --- is largely dead. The White House offered an unusually lenthy and, frankly, blistering statement in response to Manchin, calling him out for his lack of "good faith" and broken promises made to the President personally. We share that blistering response in full today.

It should be noted that all of the limp reasons Manchin offered for breaking his promise to support BBB are all BS. The bill is fully paid for (unlike the bipartisan infrastructure bill that Manchin whole-heartedly supported and voted for) and it will actual lower the national deficit eventually, not increase it; The bill will not worsen inflation either. It will in fact, ease it. Moreover, since Manchin's announcement, the biggest Wall Street economists have actually downgraded their outlook for 2022 based on Manchin's sleazy move; And no, the monthly child tax credit expansion that lifted half of the nation's children out of poverty during its first year, after originally being included in Biden's American Rescue Plan earlier this year, will not lead parents to spend it on drugs.

The bad news (for now) of Manchin's self-serving decision is on par with COVID's decision to not be done with us yet, as the Omicron variant, just before airtime, was declared by the CDC to now be the most dominant variant in the nation. They say it now accounts for about 73% of new cases. That was fast. As we'd warned. That's how wildly transmissible it is. Desi Doyen joins us with some clear, sobering thoughts from WaPo's national science reporter Dan Diamond that you may wish to consider on how to help keep yourself and your family safe over the holidays.

On this matter, it should be noted, since some are dismissing the dangers of Omicron --- citing its predicted infections as mostly "mild" --- that means only that many cases may not result in hospitalization. Don't fool yourself by convincing yourself that, even if you do contract Omicron, it will most likely be a "mild" case of COVID. Short of asymptomatic cases, a "mild" version of COVID could lay you up for weeks or longer. It means you won't be hospitalized, but that's about it. And, yes, it's going to land a lot of people in the hospital, as experts believe we're likely to begin seeing as many as 500,000 infections per day. During the January 2021 peak we had "only" about 250,000 infections a day.

Finally, before opening up the phones today to listeners on Manchin, Omicron and more, some slightly better news. Donald Trump is terrified that he is soon to be indicted in New York. So, as he does when he knows he's in big trouble, he has filed a ridiculous lawsuit against New York Attorney General Letitia James in hopes of buying time. It probably won't work.

Then, callers ring in on all of the above. It was a very lively show --- particularly considering the content we had to work with today...

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Also: 'A lot of people are about to get sick' due to 'explosive' Omicron...
By Brad Friedman on 12/16/2021 6:30pm PT  

On today's BradCast, we cover both COVID and SCOTUS and how to try and stay safe from and/or fight back against the very serious threats now posed by both of these hideous, rogue, all-caps acronyms. [Audio link to full show follows this summary.]

First up, it's COVID. Specifically, the Omicron variant, as the CDC finds that, according to their latest data, unvaccinated people are 14 times more likely to die and 11 times more likely to be hospitalized with COVID-19 than those who are vaccinated. Those numbers seem to refer to those vaccinated by two mRNA shots without a booster shot, which is now key to fighting the quickly rising threat of Omicron.

As Josh Marshall bluntly warns in one of his chilling recent updates on newly emerging data on the new, highly transmissible variant --- which still include a number of unknowns --- "A lot of people are about to get sick."

New studies just coming in from around the world suggest that Omicron is incredibly aggressive, even for those with some immunity from two vaccine shots or previous infection. A booster shot, the studies are finding, help tremendously to ward off both the likelihood of infection, as well as the worst symptoms. Two doses and a booster will roughly offer the same protection against Omicron as two shots alone did against Delta. Marshall reports the data show "late December through January will be explosive in terms of numbers of infections" in the U.S. He repeated a similar warning based on newer incoming data on Omicron last night: "The rate of growth is simply explosive. There’s no other way to put it...we should expect a very, very large wave of infections in the coming weeks...The pace and scope of the surge looks likely to be something like the original one in the Spring of 2020."

Too many people, I believe, have been placating themselves on the somewhat misleading data point suggesting Omicron infection appears to be less severe than previous variants. There are a number of reasons that it could be (including the fact that many now have at least some immunity due to vaccination or antibodies from a previous infection), but the severity level misses the point of the somewhat terrifying transmissibility numbers emerging right now and how that is likely to overwhelm health systems in this country and result in a lot of people dying. A more mild disease that infects 5 times more people is equally or potentially even more deadly.

The current surge under way in the U.S. is still almost entirely comprised of Delta cases. Once Omicron --- which is really good at breaking through immunity created by both infection antibodies and vaccines --- begins to rise over the next 2 to 4 weeks, things could get really bad on several levels. We are already seeing deaths spike again to more than 1,700 a day in the U.S., and that's almost entirely from Delta.

Bottom line: Get boosted. "It's not a marginal difference" from two shots, Marshall advises, based on a very close reading of emerging data and discussion with experts, "It's a big one." He goes on to write: "I would also seriously consider limiting obvious vectors of exposure: indoor activities in large groups, eating indoors, large crowds indoors or out. We all have our own levels of risk aversion and we can’t hide forever. But you should assume that your risk of being exposed to COVID is about to go up a lot. So plan accordingly.

Of course, he's hardly the only one sending this similar message. "All the models right now are flashing bright red," warns New York "Intelligencer" science writer David Wallace-Wells in one of his latest pieces headlined "Omicron is About to Overwhelm Us: The new COVID variant has all the makings of a mass wave." Pay attention please. Get boosted.

Next up, it's SCOTUS. Senator Elizabeth Warren (D-MA) penned a blistering --- if absolutely correct on every key point --- op-ed at Boston Globe yesterday, calling for the expansion of the Republicans "packed" and "stolen" and "corrupt" Supreme Court. The call comes not a moment too soon (and, perhaps a year or so too late). Still, it's good to hear elected officials speak as directly about the threat now posed by this corrupted, partisan Court to "basis principles of law" which now "threaten the democratic foundations of our nation."

We share most of her piece on air today. But if you don't listen to the show, read her must-read piece. She breaks down precisely how Mitch McConnell's hypocritical "Republican court-packing has undermined the legitimacy of every action the current court takes" as its illegitimate 6 to 3 rightwing "supermajority will continue to threaten basic liberties for decades to come." Democrats, she advises, must exercise their Constitutional Article III, Section 1 authority to change the size of the Court, as Congress has done at least seven times before. That number doesn't even include what happened after McConnell, corruptly "reduced the size of the court for over a year solely for ... partisan gain and then turned around and jammed through another nominee days before losing the presidency."

But, as welcome as op-eds are, action is better. So we were delighted when, immediately after the Supremes last week once again allowed Texas' clearly unconstitutional six-week abortion ban law to stay in place, the Governor of California announced plans for actual action to push back. If its now judicially acceptable to write laws that both undermine Constitutional rights and evade judicial review by allowing private citizens to enforce it, as the Texas law does, the same can be done with other rights.

On Saturday, Gov. Gavin Newsom declared his intention to "work with the Legislature and the Attorney General on a bill that would create a right of action allowing private citizens to seek injunctive relief, and statutory damages of at least $10,000 per violation plus costs and attorney’s fees, against anyone who manufactures, distributes, or sells an assault weapon or ghost gun kit or parts in the State of California."

"If states can now shield their laws from review by the federal courts that compare assault weapons to Swiss Army knives, then California will use that authority to protect people’s lives, where Texas used it to put women in harm’s way," the Governor noted in his brief statement. "If the most efficient way to keep these devastating weapons off our streets is to add the threat of private lawsuits, we should do just that."

He seems quite serious. And so does New York Attorney General Leticia James who, when asked about whether her state might take similar actions to Newsom's this week on ABC's The View, cited the outrageous immunity against prosecution that gun manufacturer's have been afforded by federal statute to say: "Yes! When I heard about that, I said to my team, we need to follow his lead."

Good. It's remarkable that the extremist radical rightwingers on the High Court either didn't see this coming, or didn't care. Of course, if the Supremes are cool with the Texas law as written, what is to stop any state from allowing "lawful" private, vigilante law suits against people who are simply exercising their First Amendment rights by, say, wearing a MAGA hat or being members of the Republican Party? In truth, nothing stops that at all, which is why Sen. Warren's op-ed is so on point.

Finally, as if those threats are aren't enough, Desi Doyen joins us for our latest Green News Report, with more threats to our climate than the Supreme Court should allow us to fit into six minutes...

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In other words...a whole lotta news...
By Brad Friedman on 12/9/2021 6:33pm PT  

Yes, the walls are continuing to close in on our disgraced, twice-impeached, indescribably criminal previous President, as discussed in two encouraging news stories today. But much of his damage is already done, to a rightwing party that has become so whacked out and authoritarian that the rails they are now off of can no longer be seen. On the other hand, we've got more good news for labor, the economy and maybe even democracy under Joe Biden's Presidency on today's BradCast...whether the corporate media decides to notice such things or not. [Audio link to full program is posted at the end of this summary.]

Among the enormous grab bag of stories covered on today's program...

  • Lowest in 52 years: New weekly jobless claims come in at another record low today. And, while you might think such good news numbers, not seen since 1969, would be both cause of celebration and front page news alerts, that sort of thing only happens when such things occur while's there's a Republican in the White House, apparently.
  • Good news brewing for workers: A Starbucks shop in Buffalo, New York becomes the first of the coffee giant's corporate-owned stores to become unionized in the United States. As discussed with labor historian Nelson Lichtenstein on a recent BradCast, the company will spend untold millions to keep that from spreading to its tens of thousands of other stores where workers may finally be realizing the collective bargaining is good for everybody.
  • At least someone's doing something about it: Italy issues a record fine to e-commerce giant Amazon of more than a billion dollars for their monopolistic practices. Why doesn't the U.S. do the same thing? Perhaps it will with Joe Biden's new, anti-monopoly warriors setting up shop at the Federal Trade Commission and the anti-trust division at the Dept. of Justice.
  • Unsolved MAGA mysteries: Some of the wingnuts on pillow impresario and failed election fraud fraudster Mike Lindell's streaming disinformation channel think it must be a Big Government conspiracy causing rightwing anti-vax and anti-mask warriors to keeping contracting COVID and dying from it. We think there may be another explanation.
  • You decide: Authoritarian Fox "News" prime time star Laura Ingram can't figure out what Washington Post's Dana Milbank could possibly be referring to in calling for media to stand up for democracy right now. "Authoritarians? What are they even talking about?," Ingram puzzles. "Authoritarians? Who's that?!"
  • Show-Me shame: Missouri's embarrassing wingnut Attorney General and U.S. Senate hopeful Eric Schmitt embarrasses my old home state with a letter welcoming President Biden to the Show Me state for his "first visit as President to one of the 25 states that cast its electoral votes for President Trump in 2020" before, on official state AG letterhead, describing him as a "socialist" endangering "the livelihoods of tens of millions" by mandating vaccines or testing for many workers. For an AG, you'd think he'd be better at fact-checking. (Biden has actually visited seven other Trump states before arriving in MO.) But, it's Schmitt's recent Big Government mandate to local public health officials and school boards across the state to immediately end "all" public health orders --- for mask mandates, quarantines and more --- that has one of our listeners from the state (an elementary school teacher) so troubled. She also smartly wonders: "What happened to Republicans being the party of local control?"
  • I ❤ New York: As to those walls continuing to close in on the criminal former President, we've got two related pieces of good news today. In one, New York Attorney General Leticia James is reportedly calling Trump in for a deposition in her civil suit examining years of apparent tax and bank fraud by the Trump Organization.
  • I ❤ the D.C. Court of Appeal: In today's second Trump accountability story, the federal appeals court in D.C. has denied his appeal claiming "Executive Privilege" should block the release of a treasure trove of White House documents regarding his January 6th attack on the U.S. Capitol, as subpoenaed from the National Archives by the House Select Committee investigating the insurrection and approved by the current Commander-in-Chief (the only one who ACTUALLY is able to invoke Executive Privilege.)
  • 'Yes, Democracy is hard': Democracy is down but not out...yet. President Biden convened the first Summit for Democracy today, with more than 100 of the world's democratic nations invited to attend. We share part of his opening statement, wherein he acknowledges that democracy is on a "backward slide", even here in the U.S., but that its still well worth fighting for and definitely beats the alternative of autocracy, rising around the world, and even here at home.
  • State of emergency: Finally, Desi Doyen joins us for our latest Green News Report, covering Biden's new Executive Orders to achieve net zero emissions by 2050; Florida taking unprecedented steps to save beloved manatees; troubling news for New Englanders this winter; and a heads-up on a new, blockbuster Hollywood "comedy" aiming to underscore our climate change emergency in a very clever way...

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NY AG details Cuomo harassment; NYC to require vaccine proof; COVID breaks records, wreaks havoc in South --- unvax'd and influencers to blame; Also: New Trump social-net flooded with ISIS propaganda...
By Brad Friedman on 8/3/2021 6:40pm PT  

It's one of those dark days on The BradCast. But we don't make the news, we just cover it. [Audio link to full show follows this summary.]

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

  • NY Attorney General Letitia James releases a report finding Gov. Andrew Cuomo sexually harassed as many as 11 staffers and retaliated against one of them, in violation of both federal and state law. The third-term Democratic Governor continues to deny the charges compiled over 5 months by the AG and refuses to step down. President Biden joins the chorus of calls for Cuomo's resignation. The NY State legislature announces they will soon conclude their impeachment inquiry.
  • New York City's outgoing Mayor, Bill de Blasio, announces that patrons of indoor leisure venues such as restaurants, gyms and shows will soon be required to show proof of vaccination. It's the first major U.S. city to require vaccination for use of businesses as the deadly and highly transmissible Delta variant of the coronavirus wreaks havoc, even in places like NYC where a higher-than-average percentage of the population has been smart enough to become vaccinated.
  • We continue to share heartbreaking stories of those who waited to too long --- for any number of usually terrible reasons --- to get vaccinated. Today's story features a husband and wife in Texas who didn't trust the vaccine, but now wish they had. They've both been "very, very, very, very sick" in the ICU and on ventilators for weeks. They are now begging relatives to make sure their four children get their shots, as it was too late for both parents to do so.
  • Florida is leading the nation of late in infections, hospitalizations and deaths, breaking their own pandemic records on the first two data points over the past several days. President Biden today noted that the states of FL and TX now account for one-third of all cases in the U.S. and called on their GOP Governors to stop making things worse by blocking local health mandates. But, Louisiana is also breaking its own pandemic hospitalization record, leading Gov. John Bel Edwards (D) to reinstate indoor masking mandates and Dr. Catherine O'Neal, Chief Medical Officer of the state's largest hospital, to issue a dire statement on Monday. She calls these the "darkest days" of the pandemic in her state, and is begging residents to mask up and get vaccinated. ERs in the state, she explains, are now unable to treat non-COVID patients, such as those having heart attacks or suffering from vehicle injuries.
  • Whether the CDC will say it out loud or not, Pulitzer Prize-winning science reporter Laurie Garrett argues that the "science says" a third mRNA shot is going to be needed for all Americans --- and that those over 60 should already be getting them.
  • And, yup, as TPM's Josh Marshall recently argued, citing the damage that mixed-messages from public health officials is causing, including to their own authority, while trying to coddle the voluntarily unvaccinated, "we need more blame": "We need to be placing the burdens on non-vaccination on the unvaccinated. And we need to be clear with the public that the problem is the non-vaccinated. They’re at fault. They’re to blame. And even more, the public influencers, celebrities and political actors who’ve driven resistance to vaccination are to blame."
  • In lighter news, the month-old pro-Trump "free speech" social media network (just the newest of many) called GETTR --- created by Trump spokesperson Jason Miller and funded by one of Steve Bannon's Chinese benefactors --- is reportedly being flooded with pro-ISIS propaganda, including "reams of jihadi-related material...graphic videos of beheadings, viral memes that promote violence against the West and even memes of a militant executing Trump in an orange jumpsuit similar to those used in Guantanamo Bay." MAGA!
  • Finally, as climate change hastens world collapse faster each day, Desi Doyen joins us for our latest Green News Report! Told you we had a dark show for you today!...

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Guest: Former Asst. U.S. Attorney Randall D. Eliason on NY indictments of Trump Organization, CFO Weisselberg, and what's next; Also: Trump files 'asinine' lawsuit against social media companies, stiffs Giuliani...
By Brad Friedman on 7/7/2021 5:54pm PT  

Last week, New York prosecutors filed multiple criminal indictments against the Trump Organization and its CFO Allen Weisselberg in response to an alleged "sweeping and audacious" 15-year tax fraud scheme. Today, Donald Trump himself filed a lawsuit against social media companies for banning him after he used his accounts to incite an attack on the U.S. Capitol on January 6th. Today on The BradCast, we discuss both issues and more, including our conversation with a former Asst. U.S. Attorney who is dubious about the legal expert consensus that NY prosecutors plan to file additional charges against other "senior executives" at the Trump Organization. [Audio link to full show is posted below summary.]

First up, Trump's new lawsuits against Facebook, Twitter and YouTube were announced on Wednesday, with the disgraced former President claiming that his First Amendment rights are being violated by the private companies who no longer allow him to use their platforms to lie about last year's election and to incite violence. The First Amendment, however, does not apply to private companies. It applies to the Government. In fact, as one legal expert notes today, "Trump has the First Amendment argument exactly wrong. In fact, Facebook and Twitter themselves have a First Amendment free speech right to determine what speech their platforms project and amplify --- and that right includes excluding speakers who incite violence."

It was next to impossible to find coverage of the lawsuit today which quoted any legal expert unrelated to the suit or the disgraced former President, who supported Trump's legal theory. Even Fox "News" quoted a libertarian lawyer describing the complaint as "asinine".

While it's unclear who is footing the legal bill for Trump's latest legal folly, seemingly meant to further hoax his gullible "conservative" supporters into believing they are all "victims" of political censorship by "radical left" giant social media companies, we're almost certain that Rudy Giuliani will no longer be lending his efforts. A new book by Michael Wolff documents Trump's rage over losing to Joe Biden last year, and claims that he is now unwilling to pay Giuliani for his legal work in criss-crossing the country to claim, without evidence, that the 2020 election was stolen from Trump. That, as Rudy has now had his law license suspended in New York for his false legal claims about the election; is facing a federal investigation for his foreign lobbying work on behalf of Trump; and is named in billion dollar lawsuits by the Dominion Voting System [PDF] company for myriad lies about their products.

But Trump, of course, is facing his own legal problems as well, including the 10 criminal indictments filed against his company last week, along with 15 counts against his longtime Chief Financial Officer, Allen Weisselberg. The indictments, which include charges such as Scheme to Defraud; Conspiracy; Grand Larceny; Criminal Tax Fraud; and Falsifying of Business Records, stem from what prosecutors describe as a tax fraud scheme that includes more than a million dollars in off-the-books compensation for apartments, cars, and school tuition for Weisselberg and others, "orchestrated by the most senior executives” at the Trump Organization from 2005 until this year.

In the wake of last week's charges, many legal experts have argued the indictments suggest more charges will be coming, as part of the ongoing two year investigation by Manhattan District Attorney Cyrus Vance and NY Attorney General Letitia James --- perhaps even for "senior executives" named Trump. Our guest today, however, former Asst. U.S. Attorney RANDALL D. ELIASON of George Washington University Law School, disagrees. At least, he is dubious.

In the days both before and after last week's indictments, Eliason suggested on Twitter that if NY ended up charging Trump's company along with Weisselberg, that would be a signal that there is not, in fact, more charges to come, as many have speculated.

Eliason, an expert in White Collar Criminal Law and a frequent contributor to Washington Post and his own Sidebars Blog, describes the charges against Weisselberg --- who allegedly received more than $1.7 million in untaxed, off-the-books compensation and stiffed city, state and federal governments for at least $900,000 --- as a very "serious case" indeed. He explains why nobody should be fooled by "Attorneys for Weisselberg and the Trump Organization [who] have tried to downplay these as just a 'fringe benefits' case, to make it sound as though it's about the company maybe just failing to report something."

He notes, in particular, prosecutors claims that the company was "keeping two sets of books" to hide their "tax fraud scheme". Eliason says this suggests a "very deliberate" effort to defraud that "makes it pretty hard to claim that it was just a mistake or a misunderstanding about the complicated tax code," as Trump implied during a rally in Sarasota, Florida over the weekend. (That, by way of stark contrast with his boast at a 2016 rally when he declared: "I know more about taxes than human being that God ever created!")

Eliason offers a great deal of insight into what these charges mean and how serious they are. Still, he goes on to argue that, in his opinion, unless prosecutors manage to flip Weisselberg --- which he believes would have already happened if Weisselberg was flippable --- that it is unlikely there will be further charges against others in the case.

"Failing cooperation by Weisselberg," he tells me, "the fact that they included the company [in the indictments] makes me think, if he doesn't flip, that's all we're going to have. Because otherwise you hold off on the company, you isolate Weisselberg, and if you bring cases against other individuals, with or without Weisselberg, that just makes the case against the company stronger. Because the company is only liable vicariously through the actions of its agents. So you don't charge the company now if you think there's more to come."

I challenge Eliason on a number of these points today, in which each of us concede we are reading tea leaves. Of course, he's the expert attorney and I am anything but. Please tune in for this interesting discussion!

Finally, we close with what is best described as some "good-ish news" regarding Elsa, the first Atlantic storm to come ashore this year, in what is already a record setting storm season...

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Guest: Adam Green of Progressive Change Campaign Committee; Also: Gaetz' ex-girlfriend flipping on him, Trump's finance chief may flip on Trump, Trump may flip on everyone, including his own family...
By Brad Friedman on 5/21/2021 7:17pm PT  

On today's BradCast: Everyone in Trump World is now either flipping on everyone else in Trump World, or appears on their way to doing so. Including Trump himself Fun! Less fun: Democrats in Congress wasting their time in negotiations on Biden's bold Build Back Better agenda with Republicans who are decidedly not negotiating in good faith, as they made clear to everyone once again this week. [Audio link to full show is posted below summary.]

But first, the flippin' fun part of the show! Just before airtime, CNN reported that Rep. Matt Gaetz' ex-girlfriend is now said to be cooperating with federal investigators believed to be looking into the Republican Congressman from Florida's many alleged payments for sex and illicit sex trafficking of a minor.

And while Gaetz, Donald Trump's number one fan in Congress, is facing a world of trouble (and years in prison), so, of course, is Trump, as it appears to be getting hotter by the hour inside the Trump Organization. This week, we learned that the New York state Attorney General, Letitia James, who had been looking at civil violations of bank and tax fraud laws by Trump and his company, joined the Manhattan District Attorney Cyrus Vance's criminal investigation of many of the same matters.

The next day, we learned that Allen Weisselberg, the long time Chief Financial Officer of the Trump Organization --- beginning all the way back to when Trump's dad Fred was in charge --- is now facing his own criminal tax-related probe by the NY AG's office as well. That, as our guest earlier in the week, former Asst. U.S. Attorney Randall Eliason explained at the time, is a likely precursor to getting him to flip on his boss, the disgraced former President.

And the next day after that, Weisselberg's former daughter-in-law Jennifer --- who has announced that she's been cooperating with prosecutors for some time, after explaining that her former husband Barry (also a Trump employee) was often paid with free rent in expensive luxury apartments and some $500,000 worth of private school tuition for their kids --- believes that her former father-in-law, Allen, will absolutely flip on Trump to save himself.

That revelation came as Trump's own former personal lawyer and fixer, Michael Cohen --- who flipped on Trump long ago, as he earned federal prison time by pleading guilty to participating in a campaign finance hush-money conspiracy "directed" by Trump --- believes that Trump will eventually flip on everyone, including Allen Weisselberg, and even his own kids(!) if necessary, to save himself! "I think Donald Trump is going to flip on all of them, including his children," Cohen told MSNBC, adding: "I really believe that Donald Trump cares for only himself and he realizes that his goose is cooked."

It's all flippin' hilarious, in truth. We'll see if things continue to come crashing down on the former Criminal-in-Chief --- as they sure seem set to do, at this point --- in the coming days and weeks. Fun!

Less fun, unfortunately, is the continuing obstruction campaign being waged by Congressional Republicans, who laid bare their bad faith yet again this week, after spending months negotiating with Democrats on an evenly balanced January 6th Commission, only for GOP leadership in both chambers to then whip their members against it after the bipartisan deal was finally struck in the House Homeland Security Committee.

A similar pageant of bad faith negotiations have been underway for several weeks now with Republicans pretending they are interested in working with Democrats on Biden's $2.25 trillion infrastructure proposal, the American Jobs Plan, and his $1.8 trillion American Families Plan, to support "human infrastructure", such as child care, paid family leave and free daycare and community college.

We've seen this bad movie before. Just look back at the months that Dems spent "negotiating" with Republicans in 2009 and 2010 over the Affordable Care Act, when the GOP failed to offer a single vote in favor of the landmark healthcare law, even after winning all kinds of concessions from Dems to water down the plan.

Now, Democrats are finally saying enough is enough. At least some of them, who, Politico reports, are speaking up and calling for the Jobs Plan and Families Plan to be combined into a megabill and passed in one fell swoop under the Senate's Budget Reconciliation rules allowing passage of almost all of it with a simple majority vote. The only problem: Not all Dems are ready to do so, especially West Virginia's Joe Manchin, who is also not yet onboard with the Dems' sweeping proposal for election and campaign finance reform --- the For the People Act (or H.R.1 in the House and S.1 in the Senate) --- and the filibuster reform that would be required to pass it with just 50 Democratic votes.

Joining us to today to explain how Dems and progressives can possibly move forward through all of these obstacles is ADAM GREEN, co-founder of the Progressive Change Campaign Committee, who told Politico this week that: "The only two scenarios for Democrats are to go big or get nothing."

Green expands on those comments today, arguing that the process of negotiation going on right now is, by and large, meant to convince Manchin, and maybe a few other conservative Democrats, that there is only one real path forward to carry out Biden's truly ambitious progressive agenda.

"I think that there are two genres in working with Republicans," he tells me. "One, that hearkens back to the Obama era, where they really thought that Republicans were potentially willing to deal with them, and wasted a year and quarter negotiating with them before passing Obamacare. It wasted a lot of time that led to a lack of results by the 2010 election. And the lack of results meant low motivation for voters to turnout and vote, or vote Democrat."

"In this case, " Green continues, "I think we have a little bit of a different scenario, where most people understand the game. The game here is there are one or two Senate Democrats with that old mindset --- they genuinely believe Republicans will deal in good faith.  Everybody else is ready to get this done but has to play ball for a couple of months to make abundantly clear that these Republicans don't come in good faith."

Green also cites this week's last minute u-turn on the January 6th Commission as a perfect example, where the GOP had "pretty much of all of their demands met," only to see "Republican leaders coming out against it." That, he says, leads him to feel "hopeful that we're nearing the time when  even the Joe Manchins of the world realize that they did their best, but too bad, it's time to go it alone with Democratic votes and score big for the American people."

But even if Manchin is ultimately willing to agree to pass the infrastructure plans with a simple majority under Senate Reconciliation rules, is there ANY path that would allow for passage of other top Dem priorities like the For the People Act? That bill would almost certainly fail to meet Senate Parliamentarian muster to be passed under the same rules, so would somehow have to overcome a GOP filibuster to be adopted. An optimistic Green believes there is a VERY narrow path to make that happen as well, and he details how progressives in not just West Virginia, but every state, can help push Dems --- and Manchin --- through that narrow path. It includes, among other things, a new "Democracy exception" to Senate filibuster rules. Such an exception, he notes, could also allow D.C. to finally become a state in the bargain. As I said, optimistic!

Finally, we're always happy to end another mad week in these "United" States with another gem from the great Randy Rainbow, this one dedicated to all of the swell, not-at-all horrible Republican lawmakers in Congress. Enjoy!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Former Asst. U.S. Attorney Randall D. Eliason of GWU Law School; Also: Manchin's voting rights folly; Major fossil fuel supporting group says it's time to end new fossil fuel development...
By Brad Friedman on 5/19/2021 6:58pm PT  

On today's BradCast: In a bit of an earth-shaking statement issued to CNN late on Tuesday, which has echoed across the nation ever since, a spokesperson for New York's Attorney General said: "We have informed the Trump Organization that our investigation into the company is no longer purely civil in nature. We are now actively investigating the Trump Organization in a criminal capacity, along with the Manhattan DA." [Audio link to full show is posted below summary.]

The Manhattan District Attorney, Cyrus Vance, has been running a criminal grand jury probe of our disgraced former President and his business empire for almost two years, looking into, among other things, allegations of major bank and tax fraud crimes. The New York Attorney General, Letitia James, has also been investigating some of the same allegations of falsely-inflated values of certain real estate holdings in order to receive loans, while Trump reportedly under-valued many of the same properties in order to pay lower taxes. That would be fraud. But, until last night, the NY AG's probe was understood to be looking at civil violations of the law, not criminal ones. That has all now changed.

We're joined today by former Asst. U.S. Attorney for the District of Columbia, RANDALL D. ELIASON who, while serving as AUSA, was also Chief of the Public Corruption/Government Fraud section at DoJ. He is now a professor at George Washington University Law School, a contributing columnist at Washington Post, and writes about corporate and white collar crime at his own Sidebars Blog.

Given today's news, we have a lot of questions for him, beginning with the most fundamental: What is the difference between a criminal and a civil investigation? "The most important difference," Eliason explains, "is in a criminal case, people can go to jail. Only in a criminal prosecution can somebody actually lose their liberty. Of course, criminal cases have the higher burden of proof, as well. You've got to prove beyond a reasonable doubt to a unanimous jury. [In] civil cases the burden of proof is much lower, typically just a preponderance of evidence that you can establish the offense took place. So, civil cases can lead to hefty fines, but the stakes are lower, because at the end it's usually primarily about money. In a criminal case, you're talking about people possibly going to jail, and the stakes are much higher."

Beyond that, of course, we've got many more questions about the scintillating news out of James' office today:

  • Why would NY state's civil probe turn into a criminal one?;
  • If James' office has joined Vance's criminal probe, is her own civil investigation still moving forward at the same time?;
  • Why would the NY AG announce this new development publicly at all?;
  • Does anyone go to jail if a corporation is charged, rather than an individual?;
  • Why does it matter if the Trump Organization paid its longtime Chief Financial Officer Allen Weisselberg and his sons (who are also employed by Trump) with free NYC apartments and private school tuition for their children?;
  • Why is it a concern for prosecutors that Trump's company spent millions on consultants, including to his own daughter Ivanka while she was already employed at the company?;
  • Are the various probes of Trump and his company taking longer than might be expected in cases such as these?;
  • If Trump's former personal lawyer Michael Cohen was convicted and imprisoned by federal prosecutors for participating in a hush-money conspiracy "directed" by Trump, why hasn't Trump been charged yet for "directing" that criminal conspiracy not that he's no longer in office?;
  • And, with all of Trump's looming legal concerns that we currently know of --- from New York to Atlanta to Washington D.C. --- would Eliason be more surprised if Trump has NOT been criminally indicted by this time next year or if he has been?

As you might expect, Eliason has a lot of helpful insight on all those questions and others today!

Next, West Virginia's Democratic Sen. Joe Manchin and Alaska's Republican Sen. Lisa Murkowski joined forces this week to issue a letter calling on leaders of both parties in the House and Senate to move forward with a measure to repair the Voting Rights Act of 1965 that was gutted by the U.S. Supreme Court in 2013. "Inaction is not an option," they write, "Congress must come together."

The effort comes as Manchin is the only Democrat in the Senate to have not signed on as a co-sponsor of the For The People Act (known as H.R.1 in the House and S.1 in the Senate). That is the Democrats' critical, omnibus election and campaign finance reform bill that would, among MANY other things, end gerrymandering, mandate automatic voter registration and early voting and curb the use of dark money in political campaigns. But it does not restore the critical provision in the VRA, gutted by SCOTUS, that mandate pre-clearance by the Dept. of Justice of new voting laws in jurisdictions with a long history of racial voter suppression. The John Lewis Voting Rights Advancement Act (or H.R.4) does that.

While Manchin is, so far, unwilling to support H.R.1, because he believes election reform bills must be bipartisan (all Republicans in the House voted against it, and all have opposed it so far in the Senate), this week's efforts with Murkowski seems to suggest he'd be open to support H.R.4, the John Lewis Act, or something akin to it.

I explain why that bill is currently on a separate legislative track from the For the People Act --- instead of simply combined with it --- and why Manchin appears to be under the absurd illusion that somehow at least ten Republican Senators would support any legitimate fix to the Voting Rights Act in order to allow such a bill to overcome a GOP filibuster in the upper chamber.

Finally, a "blockbuster" new climate report was issued on Tuesday by the International Energy Agency (IEA), a U.N. partner group that is traditionally, and notoriously, pro-fossil fuel. This report, however, offers a road map on how the world's energy needs can be met while still achieving net zero carbon emissions by 2050. As Desi Doyen explains, the plan mandates no new fossil fuel development beyond what is already in place. That's a stunning turnabout on its own from this particular agency, which also points out that we already have the technological innovation that is needed to achieve net zero in 30 years, but a significant portion of it is not yet ready (or is currently prohibitively expensive) for broad commercial use. Desi details the IEA's road map, what it signals, and what it will mean both politically and for the energy sector as the world continues to come to terms with our quickly worsening climate emergency...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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