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Latest Featured Reports | Friday, March 29, 2024
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It's Up to You, New York: 'BradCast' 3/21/24
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Biden EPA issues biggest climate regulation in U.S. history; Rio hits 144°F heat index!; Exxon CEO blames YOU for climate change; PLUS: U.N. issues climate change 'red alert'!...
Previous GNRs: 3/19/24 - 3/14/24 - Archives...
'It All Comes Down to Brett and Amy': 'BradCast' 3/20/24
Guest: Slate's Mark Joseph Stern on another stunning week of federal judiciary debacles; Also: Primary results from AZ, FL, IL, KS, OH, CA; Biden EPA's 'biggest climate move yet'...
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'BradCast' 3/19/24
Trump is promising political violence whether he wins or loses; Also: Navarro goes to prison; Scofflaw MI MAGA attorney arrested; SCOTUS allows TX to override federal law, Constitution; Biden's SOTU success...
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  w/ Brad & Desi
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Corporations 'Taking a Bazooka' to NLRB, Hoping to Declare it 'Unconstitutional': 'BradCast' 3/18/24
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Schumer Steps Up; Trump Associates Paid Biden 'Bribe' Liar $600k: 'BradCast' 3/14/24
Also: TikTok foolishness; NY hush-money trial delay?; Navarro must go to jail; Trump owes $400k for failed 'Steele Dossier' suit in UK...
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After Accountability for Fraud, What's Next for the Corrupt NRA and Gun Safety Reforms?: 'BradCast' 3/13/24
Guest: Brady Center's Kelly Sampson; Also: Biden, Trump clinch; GA judge nixes 6 counts...
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GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
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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...

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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...

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'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
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CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
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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
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GOP REGISTRATION FRAUD FOUND IN FL
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The Secret Koch Brothers Tapes...


Court blocks Trump 'national emergency'; Congress sues for Trump taxes; FL Repubs gut landmark voting reform; Carter says Trump 'illegitimate'; 2020 dirty tricks now underway; Dems talk climate at first debate...
By Brad Friedman on 7/2/2019 6:30pm PT  

It's been a rough week in the federal courts for Donald Trump. Even the Republicans' stolen U.S. Supreme Court failed to grant at least one victory to the Administration in its loss last week over the fight to add a question on citizenship to the 2020 U.S. Census. That loss, where Trump clearly expected a win from his cooked High Court, has resulted in the admission of another humiliating defeat for Republicans, but a huge victory for those of us who still support the idea of democracy...as fragile as it remains in the U.S. on the eve of our Independence Day holiday in 2019. There were other encouraging signs of hope from our courts this week as well, though there remains plenty to be concerned about as we head toward the crucial 2020 elections. [Audio link to show follows below.]

Among the stories covered, in addition to the breaking Census news, on today's BradCast...

  • Trump may be getting a few tanks for his corrupt 4th of July celebration at the Lincoln Memorial on Thursday, though they won't be rolling down Pennsylvania Avenue. Where they will be, according to some poor writing from CNN, is another matter. ("Trump later confirmed tanks would be present during remarks in the Oval Office.");
  • Heat records are shattering in the U.S. and around the world, resulting in mussels cooking in their own shells in normally cool Northern California and highways dangerously cracking and buckling in South Dakota. What happened in Mexico and Europe, however, we hold until today's Green News Report at the end of the program;
  • But, back to the courts, as the U.S. House Ways and Means Committee filed a federal lawsuit on Tuesday against the Administration for failing to turn over six years of Donald Trump's tax returns as required by federal law, in a case that Trump seems unlikely to win. A long legal fight, however, may help him to delay the inevitable, unless he is able to receive a helping hand to undermine the rule of law from his friends at the stolen and illegitimate SCOTUS;
  • But the lower courts, so far, have provided little help to Trump. Late last Friday, with surprisingly little notice, albeit in the middle of a ton of other news, a federal judge in California blocked Trump's phony "national emergency" declaration meant to steal billions of dollars from the military to build portions of his long-promised Southern border wall (which apparently Mexico is still not paying for.) The same judge in two different challenges to Trump's blatant attempted theft, ruled that Trump's use of military funds for this purpose was "unlawful" and in violation of Congress' Constitutionally-mandated control of federal purse-strings. The Administration, however, is expected to appeal both rulings;
  • Voters in Florida, in the meantime, will have to hope for good news from the courts in the days ahead after Republican Gov. Ron DeSantis --- who was reportedly elected by less than one half of one percent of the vote last November --- quietly signed a controversial new law late on a Friday, without ceremony, the day before his deadline to sign it, which guts the state's reform of a 150-year old racist voting restriction. Despite passage of state Constitutional Amendment 4 last November --- by an astonishing nearly 65% of the electorate --- the new bill was passed along partisan lines in the GOP legislature to restore a restriction on the right of many former felons to vote. The new law, which went into effect Monday in the Sunshine State, requires former felons to pay off all court fines and fees before being allowed to vote, in contravention of the statewide ballot initiative which took effect on January 1 with no such restrictions. DeSantis had specifically pushed the GOP-controlled legislature to pass the bill, which will block many of the 1.5 million former felons --- including 1 out of 5 voting age African-Americans in the state --- from seeing their lifetime ban on the right to vote lifted. Voting rights advocates accurately describe the measure as an unconstitutional "poll tax" and have already filed suit to block it. The "conservatives" in the state will now have to spend millions in order to defend their new, unpopular law;
  • That's just one of the measures the GOP is beginning to take in order to boost their odds in 2020, as former President Jimmy Carter noted late last week that he doesn't believe Donald Trump is a legitimate President. Speaking Friday at a human rights forum hosted by the Carter Center --- which has served as a monitor of elections in third-world countries for decades --- the former President charged: "There’s no doubt that the Russians did interfere in the elections and I think the interference, although not yet quantified, if fully investigated would show that Trump didn’t actually win the election in 2016. ... He lost the election and he was put into office because the Russians interfered on his behalf." He said "yes", when asked by the forum's moderator if he believe Trump was an "illegitimate" President. Carter may be right or wrong. Shamefully, nobody knows for certain, since the public was never allowed to examine the ballots or the voting and tabulation systems following the 2016 Presidential election. That lack of public oversight, as we have long argued, continues to erode confidence in the legitimacy of American democracy. New, 100% unverifiable voting systems being put in place in advance of the 2020 race, unfortunately, (in states like Georgia and cities like Philadelphia and counties like Los Angeles) are likely to make that problem even worse;
  • But, speaking of how bad the 2020 cycle could be, the Trump Campaign has already begun their dirty tricks, according to a report in the New York Times. One of its "rising star" digital content producers has created a phony Joe Biden campaign website, meant to look like Biden's official campaign site, in order to smear the former Vice President. Neither the Trump campaign nor its staffer, Patrick Mauldin, who admits to having created the site, is noted on the page as being behind it. The fake campaign site, according to the paper, has received more visits than Biden's official website, and Mauldin has also "anomalously" created pages meant to undermine other current 2020 Democratic front-runners such as Bernie Sanders, Elizabeth Warren and Kamala Harris. Do Dems have any plans on how to deal with this sort of thing in 2020? Right now, it appears that they do not. Unless Dems pull together somehow --- even across another rough and tumble nominating process --- a repeat of the 2016 disaster should not be a surprise to anyone;
  • Finally, speaking of 2020, Desi Doyen joins us for our Green News Report special coverage of last week's first Democratic Presidential Debate in Miami, where the planet's worsening climate crisis finally received at least a little bit of airtime from many of the Presidential hopefuls across the span of the much-watched two-night event...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Slate's Mark Joseph Stern; Also: Biden plummets, Harris and Warren spike in new polling after first 2020 Dem debate; Callers ring in...
By Brad Friedman on 7/1/2019 6:22pm PT  

After our two-day Special Coverage of the first 2020 Democratic Presidential Debate last week (Night ONE here, Night TWO here), we begin on today's BradCast to get caught up with some of the important news that we were unable to adequately focus on last week. (Even it may take a few days to get fully caught up, if ever!) [Audio link to show is posted below.]

First up today, we're joined for one last time this SCOTUS term by MARK JOSEPH STERN, the great legal reporter at Slate who has helped us make sense of the Court's most recent term under its stolen Republican majority, including many of the oral arguments since last Fall in a bunch of important cases and all of the subsequent rulings handed down in the past several weeks. The last of those rulings were, perhaps, the most consequential, and both came smack dab in the middle of Nights ONE and TWO of the Dem debate last week.

Today, Stern details the Court's horrendous (if not unexpected) 5 to 4 partisan ruling finding partisan gerrymandering to be perfectly Constitutional, despite all of the lower federal courts which have found otherwise. That, even though the practice, taken to new computer-precision extremes by the Republican Party following the 2010 Census, has bastardized the notion of fair representation at both the state legislative and Congressional levels. (eg. See North Carolina, which largely votes 50/50 for U.S. House members over the past decade, but has been represented in the House by just 3 Democrats and 10 Republicans over all of those years!) Stern describes the majority ruling, penned by Chief Justice John Roberts, as a "crushing defeat for voting rights" and a "fiasco for democracy". He explains how the rightwing majority ruling debunks the Chief Justice's own claim that he is the Court's "most aggressive defender of the First Amendment" in that extreme partisan gerrymandering blatantly robs voters of their First Amendment rights by punishing Americans for their partisan leaning, stripping them of the ability to be fairly represented.

"Partisan gerrymandering is uniquely evil and difficult to fix," Stern argues, "because it attacks the foundations of democracy. It entrenches a certain political party's power almost indefinitely, and creates a map that will hold even if the state votes against that party." Now, says Stern, the legal battle to rollback rigged election maps moves to the state court level instead, since SCOTUS has now determined that federal courts have no say in the matter (even though they long ago found racial gerrymanders, if not partisan ones, to be a violation of the Constitution.) "That's why this is the 'nightmare' scenario," he tells me. "Because if the legislature can't fix it --- and why would it fix it, they love what they've done --- you really have to rely on the courts to step in and fix it. And now Chief Justice Roberts has said that the federal courts are not going to hear these claims, that they're shut out forever. That leaves few avenues for relief for voters in these states."

We also get Stern's thoughts --- and callers who ring in on the topic as well today --- on whether Democrats, in states which they control after the 2020 Census should similarly use extreme partisan gerrymandering tactics to balance the scales by keeping Republicans out of power in such states, given that the High Court has granted its blessing for such tactics.

And, speaking of the Census, the other major ruling dropped last Thursday by SCOTUS was on whether or not the Trump Administration may add a question on citizenship to the 2020 Census. In that case, Roberts joined with the Court's liberals to reject the government's claim that they were simply hoping to add the question at the request of the Dept. of Justice in order to better enforce the Voting Rights Act. That transparently false claim was rejected by Roberts who wrote that it "appears to have been contrived".

In fact, it was, as several lower courts have ruled, even before the evidence from the hard drive of a recently deceased GOP gerrymandering expert revealed the entire charade was specifically meant to decrease the response rate by Hispanic and other immigrant communities in order to shift federal funding and voting power to Republicans and non-Hispanic whites. So, that decision was the good news. The not-as-good-news is that Roberts also left the door open for the Administration to try again with a less pretextual reason for adding the question, if they can come up with one. Or, as Stern sums up Roberts' directive in four words today: "Lie better next time." Whether the Trump Administration can do so before the deadline to send the Census to the printer (which, the Admin previously argued in court was a hard deadline of July 1, but now says "well, maybe October would be fine?") remains to be seen.

Next we open up the phone lines to listeners on last week's Democratic debate in Miami. Who do listeners feel did better than expected? Who did worse? The first polling is out today from CNN following last week's debate, finding a pretty huge shift among the Dem and Dem-leaning electorate. The survey finds Senators Kamala Harris and Elizabeth Warren are up 9 and 8 points respectively, while Joe Biden has fallen 10 points since the last CNN poll. That places Harris, Warren and Sen. Bernie Sanders (whose support dropped a few points) all now within just over 5 points from the former Vice President and perceived "front runner" for the Democratic nomination. That pretty seismic shift all comes after just one single debate...with about 11 more to come in the months ahead...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guests: Heather Digby Parton and Dave Johnson; Also: Bad news from SCOTUS on partisan gerrymandering, slightly better news on next year's U.S. Census...
By Brad Friedman on 6/27/2019 5:11pm PT  

Our special coverage of Wednesday's night's first 2020 Democratic Presidential Debate from Miami is momentarily waylaid at the top of today's BradCast, for quick coverage of two major, long-awaited opinions released by the Republican's stolen U.S. Supreme Court this morning, the final day of its term before Justices leave for summer recess. [Audio link to show follows below.]

The first opinion, featuring a 5 to 4 Republican- versus Democratic-appointee split, is very bad news for voting rights and democracy advocates on partisan gerrymandering cases out of Maryland and North Carolina. Writing for the GOP majority, Chief Justice John Roberts declared federal courts have no place entering disputes over extreme partisan gerrymandering of state legislative and U.S. House districts, giving a green light to majority-party state lawmakers to use sophisticated computer programs to slice up maps in a way that guarantees majorities for the party in power during the redistricting process following a decennial U.S. Census. Despite lower court rulings finding Republicans in Michigan, North Carolina, Ohio and Wisconsin violated the Constitution by drawing statewide U.S. House maps meant to assure Republicans remained in power, even when receiving fewer votes over all, the partisan divided SCOTUS decision now overturns all of those previous rulings, and one out of Maryland where a U.S. House district was drawn Democrats to keep it out of the hands of Republicans.

Critics, including Justice Elana Kagan who penned a blistering minority dissent, note that the SCOTUS majority now leaves it to the very same gerrymandered legislatures who created the undemocratic problem to somehow work it out, even though it may be impossible for opposition lawmakers to gain enough of a foothold to actually change the process under the bastardized maps. In her dissent, Kagan notes partisan gerrymanders "debased and dishonored our democracy, turning upside-down the core American idea that all governmental power derives from the people." Her opinion, representing the High Court's four liberal justices, concludes: "Of all times to abandon the Court's duty to declare the law, this was not the one. The practices challenged in these cases imperil our system of government. Part of the Court's role in that system is to defend its foundations. None is more important than free and fair elections."

All of which makes the Court's other major opinion today, on whether the Trump Administration will be allowed to add a question about citizenship to the 2020 Census, all the more crucial, but slightly better news, for the moment, anyway. In that case, Roberts joined with the court's progressives for a 5 to 4 ruling that bars the Administration, at least for now, from adding the question to next year's Census. In this case, the Chief Justice notes that the Administration's pretextual reasoning for doing so "appears to have been contrived". Indeed, despite warnings by experts at the Census Bureau itself that the question would decrease the response rate by millions, officials at Trump's Dept. of Commerce (which runs the Census Bureau) and the Dept. of Justice lied to both Congress and the Courts about their reason for adding the question.

Evidence has revealed that, in fact, the Administration hoped to include the question specifically in order to under-count immigrant communities in hopes of shifting billions of dollars in federal funding --- and still more voting power --- to "Republicans and non-Hispanic whites" over the next decade. That fact was made clear by, among other things, evidence revealed from the hard drive of the GOP's recently deceased gerrymandering expert. The good news in the Census ruling today is somewhat tempered by the fact that the case has now been sent back to the lower court for further consideration, allowing the Trump Administration another bite at the apple to come up with a more plausible justification --- or at least one that the stolen SCOTUS can more easily accept --- for why they insist on adding the new question before the deadline for printing the 2020 Census. The Administration had previously said that deadline was at the end of this month, though Trump has now asked his attorneys to see if the Census may be postponed.

Then it's on to our Special Coverage of Night One of the first Democratic Debate of the 2020 Presidential cycle, which featured ten candidates in all, including MA Sen. Elizabeth Warren; former TX Rep. Beto O'Rourke; MN Sen. Amy Klobuchar; NJ Sen. Cory Booker; former HUD Secretary and San Antonio, TX mayor Julian Castro; NYC Mayor Bill De Blasio; WA Gov. Jay Inslee; OH Rep. Tim Ryan; former MD Rep. John Delaney; and HI Rep. Tulsi Gabbard.

We're joined for today's special coverage by Salon's and Hulaballo's award-winning columnist HEATHER DIGBY PARTON and Seeing the Forest's DAVE JOHNSON, formerly a Senior Fellow at the progressive Campaign for America's Future.

Parton and Johnson offer post-debate analysis and smart insight on as many of those candidates as we can possibly fit in to the hour, along with thoughts on which of them exceeded, met or under-performed expectations; why it is that Democrats appear (foolishly) to be shying away from taking on Donald Trump directly, despite the extraordinary threat he and his Presidency pose to the nation and the world; how Democrats, as a party, now appear to be approaching issues such as taking on corporate monopolies, the need for universal access to healthcare as a human right (and the strange question about abolishing private health care insurance), foreign wars and more. We also discuss, as raised --- but largely unanswered --- during Wednesday's debate, how a Democratic President might counter obstructionist Republican Majority Leader Mitch McConnell should the GOP maintain control of the U.S. Senate after 2020.

All of that, of course, is just a sampling of the sweeping ground we cover on today's very busy and very lively BradCast, as we await Night Two, with another ten candidates, to be covered on our next program!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Slate's Mark Joseph Stern; Also: Dems pass $4.5B emergency funding for border - with strings; Mueller to testify in open hearings; Kellyanne Conway subpoenaed by House; NRATV finally shuts down...
By Brad Friedman on 6/26/2019 5:11pm PT  

Before our guest joins us on today's BradCast --- and in advance of the Democrats' first two-night 2020 Presidential Candidate Debate in Miami (which we'll be covering over the next two BradCasts), some very quick news headlines today. [Audio link to complete show is posted below]

  • House Democrats have called Donald Trump's and Republicans' bluff by passing a $4.5 billion supplemental spending bill to cover border-related costs for children and other migrants being held in squalid, overcrowded conditions, with children not even being given soap or toothbrushes and forced to sleep on cold cement floors. The House bill also places some restrictions on how that funding can be spent, unlike the Senate version of a similar emergency supplemental spending measure for $4.6 billion. Some on Team Trump have called for vetoing the House version. The conflicting bills will somehow need to be reconciled before final passage, though it's unclear how that can happen before lawmakers leave town for their week-long July 4th recess;
  • On Tuesday night, the Chairs of the House Judiciary and Oversight Committees announced that former Special Counsel Robert Mueller has agreed to appear --- after being subpoenaed --- for testimony in open sessions to both House panels, one after the other, on July 17th. He is expected to give answers to lawmakers about his two-year probe of alleged Russian interference in the 2016 Presidential election, the Trump Campaign's cooperation with that effort, and Donald Trump's repeated, unlawful (and impeachable) attempts to obstruct the Special Counsel's federal investigation;
  • Speaking of House testimony, the Oversight Committee voted on Wednesday to subpoena Trump's senior adviser Kellyanne Conway for testimony following a recent finding from the Trump-appointed head of an independent federal watchdog agency recommending Conway be fired for multiple violations of the federal Hatch Act. That Federal law bars public officials from using their office for partisan campaign purposes. Conway failed to show up voluntarily on Wednesday, so will now face a subpoena forcing her to do so --- at least in theory. Trump has refused to fire Conway, despite her repeated violations of the law, and his White House has, so far, taken extraordinary (and likely unlawful) measures to block Congressional testimony by White House officials;
  • Oh, and it was announced today that NRATV is finally shutting down amid internecine fighting, scandal and criminal probes of the terrorist-supporting NRA, which appears to have really shot itself in the foot. We send them our thoughts and prayers at this difficult time;

Then, we're joined once again today by the great MARK JOSEPH STERN, Slate's ace legal reporter and, as the end of SCOTUS' term wraps up before summer, our ever-insightful Supreme Court correspondent! There were a bevy of opinions issued by the Court over the past week, even as most received little fanfare or attention by the media. Trump's war-mongering with Iran and worsening child detention problems on the border are just some of the reasons for that. But also, the biggest expected rulings --- on whether a citizenship question may be added to the 2020 Census, despite Trump Administrations lies about it, and on whether states may employ partisan gerrymandering for electoral advantage --- are still to come at any moment now. In the meantime, while the many opinions issued over the past week, in and of themselves, may not have been marquee rulings, many, as Stern explains, have serious consequences.

More importantly, however, as we discuss today, the new rulings offer some pretty HUGE SCREAMING RED SIRENS about the direction that the Republicans' stolen U.S. Supreme Court now intends to go, with their far-right majority now firmly ensconced. A number of opinions in several of the cases offered some pretty clear projections that this Court intends to overturn decades, if not centuries, of legal court precedent, case law, and even thousands of federal laws in the bargain.

Among the many decisions we discuss in some detail today:

  • A contorted ruling that allows a 94-year old religious monument to fallen WWI soldiers to remain on government property despite being a clear violation of the Constitution's Establishment Clause separating Church and State;
  • The case of an African American man whose death sentence was, thankfully, overturned after a state prosecutor in Mississippi repeatedly excluded African American jurors from sitting on the six different trials the man has, so far, faced for a case of multiple murders that it seems quite likely he had nothing at all to do with;
  • An opinion that overturns decades and perhaps centuries of property rights case law;
  • Another that comes within a hair's breadth of striking down hundreds, if not thousands of federal laws passed by Congress over our nation's history;
  • And a decision that overturns decades of trademark law which the court found to be FUCT. (We explain on the show, while avoiding any potential FCC language violations in the bargain! You're welcome!)

In all, we cover quite a bit of ground today, with some important details --- far more than I can cover here --- that you should definitely tune in for, if only so that you can't later say nobody warned you!

"This is the term when the Justices pretty much rip up stare decisis," explains Stern, citing the legal term for the custom of respecting court precedent, "or at least get out their lighters and lay the kindling. In a number of cases the conservative Justices have just decided that they've had enough with precedent, they're ready to make the Constitution say what they want it to say. Doesn't matter what previous courts have ruled."

Stern warns: "For the most part, the Justices have been swinging for the rafters. They do not feel hemmed in by many limitations. You're seeing unbridled exercise of judicial power --- the kind of thing that [Chief Justice] Roberts said during his confirmation hearings he would never resort to."

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Slate legal reporter Mark Joseph Stern; Also: Trump lauds socialism at 'campaign kickoff'; WH, DoJ nix Hicks testimony in House; Trump EPA to help kill thousands with new roll back of Obama coal regs...
By Brad Friedman on 6/19/2019 6:34pm PT  

On today's BradCast, after what seems like a too-long absence, we're joined again today by Slate legal reporter MARK JOSEPH STERN for insight on the first batch of U.S. Supreme Court opinions issued at term's end this week. [Audio link to show follows below.]

But first today, mercifully brief coverage of Donald Trump's re-election campaign launch in Orlando, Florida on Tuesday night. While the rally followed the same tired pattern of pretty much all of the campaign rallies he's held non-stop since becoming President --- (Remember when the GOP and Fox 'News' used to complain that Obama was holding campaign rallies as President, rather than governing? That was darling.) --- the usual recitation of Trump lies and nonsense also included a fascinating reference to Republican opposition to "socialism" just one mere breath before Trump (falsely) touted GOP support for protecting much-beloved socialist programs such as Social Security and Medicare. The irony, no doubt, was lost on most of his brain-poisoned followers on hand or watching via the Fox "News" disinformation channel.

On Capitol Hill today, Democrats in the House Judiciary Committee finally heard testimony from a former Trump official in the aftermath of the damning Robert Mueller Special Counsel report. Longtime Trump aid Hope Hicks --- who worked with him before his campaign, during it, during the transition and in the White House --- cooperated with the Mueller probe and is cited within it as a witness about 180 times. She agreed to testify today, though only behind closed doors, with a transcript to be released later. However, White House and DoJ Attorneys were also on hand to continue what Committee member Rep. Ted Lieu (D-CA) described as "obstruction of justice in action". The lawyers issued objections to any and all questions related to Hicks' service with Trump as President, asserting "absolute immunity" from such questions. That is a newly invented "privilege" from the White House and DoJ which Lieu described as "not a thing. It doesn't exist." Lawmakers suggest the result will be court action to force Hicks' testimony on her time at the White House, now that she is a private citizen (who works for Fox "News"). Even House Speaker Nancy Pelosi, who is still opposed to opening an official impeachment inquiry, reportedly described the new White House offensive as "obstruction of justice", which --- in case she needs a reminder --- is one of the offenses included in the Articles of Impeachment for both Richard Nixon and Bill Clinton.

Also in D.C. today, the Trump Environmental Protection Agency, now headed by "former" coal industry lobbyist Andrew Wheeler, officially replaced President Obama's Clean Power Plan, meant to curb global warming greenhouse gas emissions from coal-fired power plants, with a new rule that makes the reduction of emissions optional for states. Even while coal plants have been shutting down across the country over the past two years in favor of cheaper, cleaner natural gas and renewable energy production, the Administration is implementing the new rule which, according to the EPA's own analysis, will result in thousands of unnecessary deaths per year. The new rule parallels a similar effort by the Trump Administration to roll back new mileage standards implemented by Obama with the cooperation of the auto industry, which the National Highway Traffic Safety Administration (NHTSA) says will save thousands of lives as well. So, yes, Trump is now purposely killing Americans and lying about it by claiming U.S. air and water has never been cleaner. That, according to actual findings from the Government, is also untrue, as pollution has increased over the past two years since Trump became President.

We're then joined by Slate's Stern for a review of this week's SCOTUS rulings and an explanation for some of the "strange bedfellow" partnerships found in several of them. Among the opinions discussed today...

  • A Supreme Court "punt if I've ever seen one," according to Stern, on a case involving yet another bigoted baker, this time in Portland, who refused to sell a wedding cake to a same-sex couple. The Justices sent that case back down to the lower court for review, though Stern suggests they are largely buying time before being forced to determine, once and for all, whether discrimination against LGBTQ people is Constitutional. "The Court can't duck this forever," says Stern;
  • The largely good news ruling of the week is for voters in Virginia, where a 5 to 4 majority opinion results in new, fairer, more competitive legislative districts in advance of the Commonwealth's statewide elections this November. The Justices held that the GOP-gerrymandered House of Delegates did not have standing to appeal new legislative maps implemented by lower courts to correct 11 districts found to have been unlawfully and unconstitutionally racially gerrymandered following the 2010 Census. Only the state's Attorney General, a Democrat, who initially challenged the ruling on behalf of the state but later declined to appeal the lower court's ultimate ruling, has such standing, the majority determined.

    But the majority opinion, written by Justice Ruth Bader Ginsburg was joined, unsurprisingly, by Justices Elana Kagan and Sonia Sotomayor, and much more surprisingly by Justices Clarence Thomas and Neil Gorsuch! Moreover, the minority dissent, penned by rightwing Justice Samuel Alito was also joined by the normally progressive Stephen Breyer. Stern offers an explanation for what appears to be very strange bedfellows on this opinion, and whether the ultimate outcome --- while very good news for Democrats who hope to take control of one or both chambers in the VA legislature this November --- will be good news or bad news for Democrats and Republicans in the future;

  • We then move to what Stern describes as "a tough but interesting case", for his explanation of the Court's affirmation of what has long been considered a loophole in the U.S. Constitution allowing an exception to its restriction on double-jeopardy cases. In fact, as the Court held in a 7-2 decision, virtually identical indictments may be brought against the same person, for the same crime, so long as they are brought in separate State and Federal jurisdictions, which are considered to be "separate sovereigns". On the minority in this case was another odd couple, Ginsberg and Gorsuch, while Thomas --- who previously decried the Double-Jeopardy Loophole by calling for a "fresh examination" of it --- chose not to vote for ending it when he had the opportunity. He did, however, take the opportunity to write a concurrence in the case, calling for reversing other long-held SCOTUS precedents, such as those which allow women the right to choose to have an abortion. "He used his opinion to launch into this crazy attack on precedent, that was clearly laying the groundwork for an attack on cases like Roe. vs. Wade" and marriage equality;
  • Finally, Stern offers some thoughts on the Court's expected opinion, due any day now, regarding the Administration's attempt to add a question on citizenship to the 2020 U.S. Census. That determination is still expected, despite evidence unearthed after oral argument that proves the Administration lied about their reasons for adding the question, which, according to the Census Bureau itself, will reduce participation. That, in turn, is expected to radically shift government funding and citizen voting power from Democrats and minorities toward white Republican jurisdictions. We discuss that bizarre matter --- and how SCOTUS can possibly rule on the case now, given the new evidence revealed from the hard drive of a now-deceased GOP gerrymandering expert following the Court's hearing months ago --- and a few of the other expected important decisions to come in the next two weeks before the Justices leave town for Summer vacation...

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Guest: NC elections expert Dr. William Busa ('DocDawg' of Daily Kos!); Also: Barr, Ross found in contempt by House Oversight; Big progressive wins in VA; New NATIONAL polls show Trump in trouble, Warren surging...
By Brad Friedman on 6/12/2019 5:10pm PT  

We've got some interesting follow-up on today's BradCast, following the disturbing story we broke on air earlier this week regarding the "master passwords" for North Carolina electronic voting systems --- and more --- found online, unprotected, and downloadable by anybody since at least early 2016, at the NC Board of Elections website. [Audio link to show is posted below.]

But first up, some quick news updates: A second U.S. House committee has now voted to hold Donald Trump's new Attorney General and fixer William Barr in contempt. The House Oversight Committee on Tuesday voted to recommend holding both Barr and Commerce Secretary Wilbur Ross in contempt for refusing to turn over subpoenaed documents regarding the lies told by both Commerce and DoJ about adding a question on citizenship to the 2020 U.S. Census. Ross previously claimed he was asked by DoJ to add the question to help better enforce the Voting Rights Act, but new documents from the hard drive of a recently deceased GOP gerrymandering operative reveal the real intent was to shift resources and Congressional districts to white Republican jurisdictions.

In other Constitutional Crisis news, Hope Hicks, Trump's former Communications Director and longtime aide --- before his run for office, during the campaign and transition, and while in the White House --- has reportedly agreed to testify before the House Judiciary Committee next week about her cooperation with Special Counsel Robert Mueller's two-year probe. Hicks was a key witness on a number of the criminal obstruction charges detailed in Mueller's report. She has agreed, however, to testify to Judiciary only behind closed doors next week, presuming the White House doesn't move to block her in some way.

In elections news, new Quinnipiac polling shows six of the current top contenders for the 2020 Democratic Presidential nomination --- Biden, Sanders, Harris, Warren, Buttigieg and Booker --- all handily defeating Donald Trump in a head-to-head match-up in NATIONAL polling, if the election were held today. That new poll and others out today still show Biden atop the pack in the primary contest, though slipping since he entered the race last month. Two new polls show Warren leaping into second place above Sanders since last week. We offer some thoughts and WARNINGS about all such polls today.

And then, some surprisingly good news for progressives in Virginia, where two criminal justice reformers ousted long time state prosecutors in elections on Tuesday.

Next, we're joined by Dr. WILLIAM BUSA of EQV Analytics, a Democratic campaign consulting and technology firm in North Carolina, though Busa is likely better known to many on the Internets as "DocDawg" from Daily Kos. Busa has been doing some excellent follow-up work on the startling recent disclosures by cyber risk researcher Chris Vickery, who explained on Monday's BradCast how he discovered "master passwords" for some of NC's electronic voting systems, and much more, on the state Board of Elections website last year. Hundreds of files and screenshots, he said, were all left vulnerable on the Internet, in a directory set as public, to anyone who felt like downloading them, at least since early 2016 in advance of that year's Presidential election and its stunning, razor-thin conclusion.

Busa, as a well known elections maven in NC, tells me he was contacted following Vickery's revelations this week by the SBOE's spokesperson with a vague explanation for the exposed files --- which were subsequently set to private after Vickery notified the Board about the vulnerability last year in advance of the 2018 mid-terms. But, as he documented at Daily Kos on Tuesday, the explanation by the Board's Public Information officer Pat Gannon only made the case "murkier". Gannon, according to an email he sent to Busa, claimed the files were old passwords that were no longer in use and that, in any event, they were encrypted when posted online. Busa studied the claims regarding encryption and finds them to be untrue based on evidence revealed by the unencrypted screenshot of the passwords posted by Vickery.

For his part, Vickery --- who previously told me he found evidence the passwords had been in other jurisdictions as well as the one county the state claims --- politely suggested that Gannon appears to be uninformed about the details of what was left online. "Both of these issues," Busa observes, "being told that they were encrypted when clearly they're not encrypted, being told they were posted in 2012 when pretty clearly they were posted in 2016 --- goes to the question of 'Are we being told what's going on?'"

Moreover, Busa hits on what he describes as "the most troubling part of this.". The larger question --- one that we've been trying to make clear since the night that Trump was supposedly elected: Nobody --- not the states, not Mueller, not the FBI, not the DHS --- nobody has done a forensic analysis of the computer voting and registration systems and tabulators used in 2016 to assure they were not manipulated in some way, despite the many claims made by the U.S. Intelligence Community and the Special Counsel's office that Russia attempted to interference with elections systems in as many as 21 states before the 2016 Presidential contest.

If "white-hat good guys like Vickery" were able to find these vulnerable files, surely black-hate bad guys could easily have done so as well. "If DHS didn't find those things, then DHS is not as good as Chris Vickery. And if it's not as good as Chris Vickery at finding the chinks in our armor, then it's certainly not as good as Russia's GRU is," notes Busa. So, why didn't the DHS --- which, the U.S. Government has claimed has taken unprecedented steps to work with states to help them protect our elections from vulnerabilities --- already find these files and notify the state about the serious breech long before Vickery did? Both Busa and I are still asking.

"With McConnell blocking any meaningful election cybersecurity legislation in the Senate, DHS's 'band-aid' approach to 'Well, we're going to consult with the boards of elections in the fifty states and give them some assistance, it really is just that --- a band-aid. It doesn't give me any confidence whatsoever, especially now with what we've seen from the Vickery information."

Also today, since we've been covering so much GOP corruption in NC of late, (Busa quips: "North Carolina has become such an embarrassment that South Carolina is considering changing its name to 'North Georgia'), the NC elections expert and campaign consult rings in with helpful insight on the crucial, upcoming, SCOTUS opinion expected anytime now regarding unlawful GOP partisan gerrymandering of the state's U.S. House districts ("we have very little voice in North Carolina today because of those gerrymanders"); two upcoming U.S. House Special Elections in the state (one in NC-03 to replace the late GOP Rep. Walter Jones and the other to fill the NC-09 seat, which is still vacant following last year's GOP Absentee Ballot Fraud scandal that left the state BOE unwilling to certify results last November); and an important project Busa developed last year at NCGoVote.org called "Reg Watch", to automatically notify voters if their registrations have been changed or deleted for some reason. It would be very nice to see that project scaled up to all 50 states if possible! We discuss...

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Good-ish news from NH and Israel; Trump unhinged after Mueller statement; Bombshell docs unearthed regarding Census citizenship question scam; And many more reasons to impeach this President...
By Brad Friedman on 5/30/2019 6:40pm PT  

We begin, at least, on today's BradCast, with a bit of what we'll call good-ish news, as things get necessarily darker from there. [Audio link to full show is posted below.]

Among today's stories...

  • New Hampshire's legislature overrides a veto by Republican Gov. Chris Sununu to finally abolish capital punishment. The Granite State becomes the 21st in the union to ban the death penalty which is, as one state Senator accurately describes it, "archaic, costly, discriminatory and violent";
  • More good-ish news from Israel, where a historic second election has now been called after rightwing Prime Minister Benjamin Netanyahu was unable to form a governing coalition after what appeared a Likud party victory in April, when both they and the centrist Blue and White party both won 35 seats in the Knesset. With a new election now set for September, it may be even more difficult for the hard-line Netanyahu, already facing felony indictments, to win what he thought would be an historic 5th term as Prime Minister;
  • Meanwhile, back here at home, the dispute over our own elections, two and a half years ago in 2016, continue, with our President seemingly growing more unhinged now by the day and the need --- and calls from Democrats --- to begin an official impeachment inquiry in the House, becoming louder by the hour following Special Counsel Robert Mueller's remarkable statement at the Dept. of Justice on Wednesday. As discussed in detail on yesterday's program, in his brief remarks, Mueller appeared to completely contradict earlier claims by Donald Trump's Attorney General William Barr that the DoJ's (absurd) guidelines barring criminal prosecution of a sitting President had nothing to do with Mueller's failure to file charges against Trump. In fact, as Mueller made clear (as he also did in his 448-page report [PDF], for those who bothered to actually read it), the Special Counsel's team of prosecutors never even considered criminal charges against the President, due to that dubious Departmental policy. Instead, they gathered evidence of criminal wrongdoing to be considered by Congress for purposes of potential impeachment. However, as Mueller said on Wednesday: "If we had confidence that the President clearly did not commit a crime, we would have said so";
  • Among the most persuasive and clarion voices to lay out the case in favor of impeachment in the U.S. House, ironically enough, is the only Republican who has come out in favor of such proceedings. Conservative Michigan Republican Rep. Justin Amash has been making the case for impeachment in a number of Twitter threads over the last week or so. We review another recent such thread today, in which Amash calls out Barr for having "deliberately misrepresented key aspects of Mueller's report" to Congress and the American people. That recent instructive commentary from Amash concludes by charging that "Barr has so far successfully used his position to sell the president’s false narrative to the American people," and warns: "This will continue if those who have read the report do not start pushing back on his misrepresentations and share the truth." While it's unclear if he's speaking to either his Democratic or Republican colleagues (or both) with that statement, it's also good advice for all Americans. We try do just that today (and every day, for that matter);
  • To that end, we both respond to BRAD BLOG commenter "DonL", who seeks some clarity on the impeachable actions by this President, as well as rebut Trump's unhinged press avail on the White House lawn today where he manically contradicted one of his own tweets from earlier in the day when he claimed that he "had nothing to do with Russia helping me to get elected." While the tweet was the first known instance of Trump conceding, as the Special Counsel detailed, Russia's efforts to support Trump's 2016 election, he quickly reversed his position when asked about it by media this morning, shouting "No, Russia did not help me get elected! You know who got me elected? I got me elected!" He then went on to respond to a question about whether he thought he would be impeached by claiming he couldn't "imagine the courts allowing it." ("The courts" play no part in impeachment proceedings beyond the Chief Justice of the Supreme Court presiding in the U.S. Senate over a trial for removal from office, should it come to that.) Trump also described "the word impeach" as "a dirty, disgusting, filthy word" as he stalked back and forth while parrying reporter's queries;
  • All of which seems to underscore the need to impeach the criminal and unfit President, despite House Speaker Nancy Pelosi's increasingly unsupportable arguments against it. Following Mueller's statement on Wednesday and Trump's variously unhinged statements and lies in response to it, there are now about half a dozen 2020 Democratic contenders (many of them Senators) calling for impeachment proceedings, along with at least 50 Democratic members of the House (including 11 members of the House Judiciary Committee and a number of Committee chairs), along with Amash, the lone House Republican to favor impeachment;
  • And, as if still more reasons are needed to bring impeachment proceedings against not only Trump, but other administration officials as well, new "bombshell" documents came to light on Thursday from the hard drive of a now-deceased, longtime Republican operative revealing that the Trump Administration's case for adding a citizenship question to the 2020 Census was built on lies from the jump. Experts say the addition of such a question would serve to disenfranchise urban and immigrant communities in favor of white Republican communities over the next decade, and the newly unearthed documents from the GOP operative say the same thing. The documents, found on the hard drive of the late GOP gerrymandering operative detail how such a question was needed by Republicans because it "would clearly be a disadvantage to the Democrats" and "advantageous to Republicans and Non-Hispanic Whites." The newly explosive evidence also reveals that Trump officials at the DoJ and Commerce Department (which oversees the Census Bureau), including Commerce Secretary Wilbur Ross, lied to both Congress and prosecutors about their reasons for wanting to add the question. (They absurdly claim it is meant to help the DoJ better enforce the Voting Rights Act.) But with the Republican majority on the stolen U.S. Supreme Court already appearing to favor the addition of the question following recent oral argument, and their decision on the matter due next month, its unclear how the new evidence will be presented to or considered by SCOTUS;
  • Finally, to finish where we started --- with a little bit more good-ish news (very little) --- we're joined by Desi Doyen with our latest Green News Report as the relentless extreme weather begins to ease in the central U.S. and as climate protesters in Europe helped to see big gains for Greens in last weekend's elections for the EU Parliament...

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

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

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

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

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

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

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

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

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

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

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

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

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

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Guest: Slate's Mark Joseph Stern; Also: Surprisingly good news from the courts; SOTU cancelled?; ISIS not defeated...
By Brad Friedman on 1/16/2019 6:42pm PT  

We start off today's BradCast with two encouraging legal rulings from the courts with our guest today, Slate legal reporter MARK JOSEPH STERN. [Audio link to complete show follows below.]

First up, the damning opinion issued on Tuesday by a U.S. District Court judge in Manhattan finding Treasury Secretary Wilbur Ross repeatedly violated the law --- and lied about his reasons for doing so --- in adding a controversial question on citizenship to the 2020 U.S. Census. Stern joins the federal judge in calling out Ross' lies about adding the question supposedly at the request of the the Dept. of Justice to help enforce the Voting Rights Act (rather than as a blatant attempt to rig the Census in hopes of boosting GOP political power during the next round of redistricting).

"By my count, Judge Furman held that Commerce Secretary Wilbur Ross violated the law by adding the citizenship question in at least six different ways," Stern observes. "When you add them all together, it is a sort of symphony of lawlessness that cannot be ignored by the courts."

"Ross just lied. He lied to Congress. He lied in court filings about why he added this citizenship question. It is very clear, black letter law, that when a federal agency like the Commerce Department wants to take some kind of formal action, it has to give the real and truthful grounds for its decision, it has to justify it truthfully. Ross just didn't do that here." He goes on to explain, however, that, despite the encouraging ruling yesterday, the Republicans' stolen Supreme Court will ultimately enjoy the final say on the matter. He also shares his thoughts on whether Ross should be and/or will be criminally prosecuted for lying to Congress and the courts about the issue, as made clear by the federal court ruling.

Then, Stern offers some surprisingly good news from SCOTUS today regarding a unanimous(!) opinion from the Court supporting the right of some workers to bypass costly arbitration clauses and file class action lawsuits against employers when they are ripped off by them --- though only in certain circumstances. Still, given the unanimous opinion in this case, authored by Neil Gorsuch of all Justices, we'll take it!

Next, we review Tuesday's confirmation hearing in the U.S. Senate Judiciary Committee for Donald Trump's Attorney General nominee William Barr. Stern warns that his troubling record alone --- "Barr takes a wildly expansive view of executive power and authority" --- might have been enough to derail his nomination in any other time, but for the fact that so many Democrats and Republicans alike are now desperate to replace Trump's wildly unqualified (and, arguably, unlawfully appointed) Acting AG Matthew Whitaker.

Barr, who served briefly as AG in 1991 during the George H.W. Bush Administration (where he successfully pushed for Presidential pardons for a number of top officials involved in the Iran-Contra scandal), promised independence from the White House and that he would allow Special Counsel Robert Mueller to complete his probe into Team Trump's alleged involvement with Russia and obstruction meant to cover it up. However, Barr equivocated on a number of points related to the probe, such as whether he'd recuse himself from overseeing it if DoJ ethics officials advised him to do so, and whether he would release Mueller's report at all to the public.

Stern shares insight and response to a number of other troubling moments from Tuesday's hearings, such as when Barr responded to a question from Sen. Richard Blumenthal (D-CT) about whether a sitting President could be indicted and when he was asked directly by Sen. Amy Klobuchar (D-MN) about whether the Justice Department, under his command, would "jail reporters for doing their jobs". Barr's response on the former was questionable, at best, and downright chilling on the latter, from the man tapped to be the nation's top law enforcement official. "There's just a right and wrong answer here," Stern quips, "and he gave the wrong one."

Finally today, the State of the Union Address to a joint session of Congress previously scheduled for later this month may now be cancelled amid the ongoing historic federal government shutdown, as House Speaker Nancy Pelosi rescinded her invitation to Trump today. And, in Syria today, four Americans --- two U.S. troops and two civilians --- were killed and three others wounded after a bombing claimed by ISIS in a crowded area. The attack in the northern city of Manbij comes on the heels of Trump's claim to have ordered the withdraw of all U.S. troops in country, based on his assertion that "we have defeated ISIS in Syria." The President's claim --- which helped lead to the resignation of Defense Secretary James Mattis before Christmas --- was, remarkably, repeated by Vice President Mike Pence today during an address at the State Department several hours after the news of the deadly attack on Americans and others in the war torn nation had become public...

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Guest: LA Times' Michael Hiltzik on PG&E's bankruptcy; Also: Federal court blocks Admin citizenship question on Census; AG-nom Bill Barr testifies; Trump's record shutdown grinds on...
By Brad Friedman on 1/15/2019 6:26pm PT  

Good news and not-terrible news on today's BradCast, along with an interesting proposition for the state of California in a climate changed world. [Audio link to show follows below.]

We start off with the good news today, courtesy of a federal court in Manhattan, where a U.S. District Court Judge blocked the Trump Administration's attempt to add a question on citizenship to the 2020 Census. Judge Jesse Furman's 277-page ruling [PDF] slammed Commerce Secretary Wilbur Ross for violating the federal Administrative Procedures Act (APA) and for offering "pretextual" reasons for adding the question against the wishes of career Census Bureau administrators. Ross had falsely claimed the question was "well tested" and needed by the Dept. of Justice to better enforce the federal Voting Rights Act.

In fact, Republicans have long sought to add the rig the census by adding the question in hopes that it would decrease responses from immigrant communities to help shift the balance of power during decennial redistricting from Democratic-leaning urban areas to more Republican-leaning rural areas. Furman's ruling called out Ross for lying and even responded to an earlier statement on the case from Supreme Court Justice Neal Gorsuch. Several other legal challenges await, however, including a separate case on the same matter that will be heard by the Supreme Court in February.

Meanwhile, William Barr, Trump's nominee for Attorney General, testified at his confirmation hearing before the U.S. Senate Judiciary Committee on Tuesday. He claimed he wanted to allow Special Counsel Robert Mueller, who he cited as a friend, to complete his investigation into Trump/Russia, though would not fully commit either to publicly releasing Mueller's full report, nor to recusing himself from oversight of the probe, even if DoJ ethics officials recommended that he should. Barr, a former AG under George H.W. Bush, wrote and helped circualate a lengthy memo [PDF] last year undercutting the validity of Mueller's investigation.

All of that, as Trump's record-length federal government shutdown continues today, with so-called moderate Democrats in Congress declining invitations to the White House in response to Trump's latest effort to drive a wedge between them and Speaker Nancy Pelosi on funding for his southern border wall. The shutdown grinds on as hundreds of thousands of federal employees are furloughed or forced to work without pay, with travelers now facing long lines at TSA checkpoints at major airports, and as some federal employees are being forced to turn to charity food banks to help feed their families.

Next, with California's largest privately run utility company, Pacific Gas and Electric (PG&E) announcing plans to seek bankruptcy protection this week, after facing some $30 billion in potential liabilities for massive, deadly wildfires across the state over the past two years, some have suggested the state should simply buy up the company, which was found to have been responsible for sparking many of the recent record fires by failing to adequately maintain its equipment and power lines.

Los Angeles Times' Pulitzer Prize winning journalist and business columnist MICHAEL HILTZIK joins me today to discuss the issue, as PG&E seeks state protection from liability in hopes of passing costs on to rate-payers. The company, which serves some 16 million customers in Northern California, was once valued at more than $30 billion, but with its stock price now gutted after the bankruptcy announcement and previous criminal convictions it is currently valued at just about $3.5 billion. California could end years of repeated company mismanagement, Hiltzik explains, by purchasing the company or its most valuable assets, at --- pardon the pun --- fire sale prices.

"I wrote a column a year ago saying, 'it's time to take the franchise away from PG&E and put it out for bid.' Let somebody else come in and show that they can operate all of these functions much better, more efficiently, cheaper, and without these constant [failures]. PG&E is like the Wells Fargo of the utility business. It can't seem to do anything right, and scandals continue to crop up," Hiltzik tells me. "My case against PG&E goes way back to the proposition they tried to sneak across through the voters many, many years ago to basically eliminate competition from public power consortiums. So PG&E has just been a bad actor. They have been absolutely atrocious operators."

Hiltzik discusses the pros and cons of what would be a radical, if potentially profitable, investment by the state of California, and how the company's failures and need for public bailout portend similar threats to other fossil fuel-reliant firms, insurance companies and states as the increasingly brutal impacts and costs of climate change undercut profitability.

"We really need to have a debate --- and a debate in the near term --- about who should own these utilities and how they should be operated," he argues. "California has probably done more than most other states in starting to come to grips with [climate change], because at least we've been developing information about what those impacts will be. But nobody has done enough planning up to this point."

Finally, Desi Doyen joins us for the latest Green News Report with, as usual, no shortage of disturbing news...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Ari Berman of Mother Jones; Also: Trump's legal woes worsen...
By Brad Friedman on 3/28/2018 6:35pm PT  

Lots of breaking news on today's BradCast, and a look at the real reasons the Trump Administration has now added a new question on citizenship to the 2020 U.S. Census. But, don't worry. It all ends with a song! [Audio link to today's show follows below.]

First up: the never-ending Executive Branch shakeup continues as Trump fires embattled Veterans Affairs Secretary David Shulkin and announces his intention to replace him with White House physician Ronny Jackson.

Then, Trump's never-ending legal woes continue to quickly mount and worsen on several fronts beyond the Special Counsel probe (where he is still having trouble finding attorneys willing to represent him, after his latest lead attorney quit last week.) Porn star Stormy Daniel's has now added a defamation charge against Trump business partner and lawyer Michael Cohen, to her civil suit against the President, and is now seeking to depose both Cohen and the President under oath.

That, on the same day a federal judge in D.C. allowed a case filed by Maryland and the District of Columbia against Trump to move forward based on claims that the President's continued ownership of the Trump International Hotel in D.C. violates the Emoluments Clause of the U.S. Constitution, barring gifts from states and foreign nations.

Up in Wisconsin, in the meantime, the GOP received its second rebuke from a state court in less than a week, for attempting to avoid calling Special Elections for two vacant seats in the state Senate. Gov. Scott Walker was ordered a second time by the court on Tuesday to call those elections immediately. Republicans in the state legislature, however, were hoping to convene a special session in order to change the law which Walker was found to have violated, as they try to avoid calling the elections in two GOP districts they fear they may lose to Democrats. (An appeals court, later on Wednesday, has now also rejected a motion to overturn the initial ruling.)

Then, we're joined by Mother Jones' Senior Reporter ARI BERMAN to discuss the GOP's war on judges who find against them, and the Commerce Dept. Secretary Wilbur Ross' approval this week of a new, last-minute, untested question on citizenship, to be added, by request of the Dept. of Justice, to the 2020 U.S. Census.

Critics, including the last five directors of the U.S. Census Bureau among others, charge the question will unlawfully depress responses to the Constitutionally-mandated decennial survey of all U.S. residents (whether they are citizens or not), as Berman reports in his new feature article for MoJo.

The DoJ, Commerce and White House all falsely claim that the new question is "necessary for the Department of Justice to protect voters [and] comply with the Voting Rights Act". Berman, author of the recently published Give us the Ballot, the landmark book on the history of the VRA and the long struggle for voting rights in the U.S., scoffs at those claims and details what he sees as the real reasons for the change, and the decade-long effect on the nation that it will have if it is not blocked by the courts. California has already sued to block the question from being included, and more than a dozen other states and advocacy groups are expected to file complaints as well.

On the GOP's war on courts following adverse rulings against them in Wisconsin, Pennsylvania and North Carolina, Berman says: "There's a very disturbing trend going on. When Republicans don't like court rulings that constrain their power, they try to nullify those rulings...What I think is so noteworthy about this is that everyone always says how much of an outlier Donald Trump is within the Republican Party. But if you just look at what Republicans are doing, in Wisconsin or North Carolina or Pennsylvania, they're following the Trump playbook, which is if you don't like a law, just ignore it."

On the Census controversy, he tells me: "We are seeing the rigging and corruption of one of the most important, mandated tasks in our Constitution...If you decide to rig the Census, then you've essentially rigged everything that follows" for the next decade. He adds: "The bigger picture here is that a failed Census is going to hurt everybody."

Finally, after a bit more late breaking news on Trump's recently-resigned attorney John Dowd having reportedly floated the possibility of Presidential pardons to two indicted former Trump officials (Michael Flynn and Paul Manafort) in the Special Counsel's Trump/Russia probe, we enjoy a brand-new song written by singer, songwriter and BradCast listener Matt Sircely, attempting to make sense of a mountain of Trump-related scandal in one jaunty country/folk song! (You can download the song for free right here, and check the lyrics you may have missed right here [PDF].)

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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