Today on BradCast: Some really troubling news about voting rights and the Voting Rights Act that hasn't received nearly enough attention since a terrible court ruling last week. [Audio link to full show follows this summary.]

FIRST UP... A few other items of note...

• If you haven't heard, Donald Trump seems to be freaking out about something Bruce Springsteen said on stage last week when he opened his "Land of Hope and Dreams" tour in the U.K. We share a bit of what Bruce had to say, about democracy and more. "The America I love, the America I've written about --- that has been a beacon of hope and liberty for 250 years --- is currently in the hands of a corrupt, incompetent and treasonous administration," Springsteen correctly sounded the alarm as he opened his show. "Tonight, we ask all who believe in democracy and the best of our American experience to rise with us, raise your voices against authoritarianism, and let freedom ring." And that's not all he had to say. We share more.

• Speaking of democracy, after recent come-from-way-behind victories by center-left and liberal parties running against authoritarian rightwing opponents in Canada and Australia in recent weeks, it happened again on Sunday. This time in Romania, where a Trump-supporting far-right nationalist candidate who looked set to win the nation's Presidential election just weeks ago, learned differently once voters actually showed up to cast their vote. Being a wannabe Trumper, he is, of course, claiming "fraud", though he has failed to present any evidence so far (as I said, just like Trump.) The apparent win for the pro-European, pro-democracy candidate is also very good news indeed for neighboring Ukraine.

• On Friday, a handful of Republicans in the U.S. House who want even more cuts to health care and nutrition assistance for the nation's neediest --- including millions of children and disabled Americans --- in order to help pay for huge tax cuts to the wealthy, blocked progress of Trump's so-called "One Big Beautiful Bill" in Committee. By the time Sunday rolled around, those so-called "deficit hawks" had been brought to heel. Another Committee meeting was called to begin at 10pm on Sunday night and the measure was successfully voted out of committee, even though it would still add trillions to the nation's debt. The measure now advances to the House floor where Speaker Mike Johnson hopes for passage before the Memorial Day recess. Thereafter, Trump's legislative agenda heads to the U.S. Senate.

• Also last Friday, there was some good-ish news from the corrupted U.S. Supreme Court via another emergency ruling at the behest of an appeal by the Trump Administration. All Justices, other than Thomas and Alito, rejected the appeal, issuing a ruling that found the Trump Administration had failed to give appropriate Constitutional Due Process to Venezuelan migrants they are hoping to deport from Texas to El Salvador under Trump's (mis)use of the Alien Enemies Act of 1798.

NEXT... While alleged Venezuelan gang members may have access to at least some Due Process to avoid unlawful removal from the country and a life sentence in an El Salvadoran gulag, American voters in at least seven states may now have no way to challenge unlawful, racially discriminatory violations of the Voting Rights Act of 1965.

A ruling last week by a three-judge panel on the 8th U.S. Circuit Court of Appeals blocked the last route for private individuals and organizations in states covered by the Circuit (Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota and South Dakota) to hold jurisdictions accountable for violations of the Voting Right Act. The decision echoes a similar ruling by the 8th Circuit back in 2023. But last week's ruling would seem to block the one other remaining path that voters still had to bring private complaints following that other terrible ruling two years ago.

If the 8th Circuit's decision is allowed to stand, it would mean that only the U.S. Dept. of Justice could bring suit against violations of the last central tenet still standing from the VRA. The ruling, which my guest today describes as "dead wrong", applies, for now, only in the seven states covered by the 8th Circuit. But if plaintiffs decide to appeal all the way to the U.S. Supreme Court and lose there, it would effectively kill the entire VRA in all 50 states --- at least during Republican Administrations.

JUSTIN LEVITT previously served as a Deputy Assistant Attorney General in the Civil Rights Division of the U.S. Department of Justice under President Obama and then as White House Senior Policy Advisor for Democracy and Voting Rights under President Biden. He is now a Professor of Constitutional Law at Loyola University Law School here in Los Angeles and joins us today to explain what he describes as last week's "truly unprecedented" decision. (That's the nicest thing he had to say about it!)

"They have effectively eliminated the ability to enforce the Voting Rights Act" in those seven states, Levitt tells me. "The 8th Circuit was way out of line, but it's not a sure bet that the Supreme Court won't follow them out of that line."

The 8th Circuit panel determined that because the Voting Rights Act doesn't specifically mention a private right to sue, that such suits are barred. Only DoJ can sue. But, in fact, since 1982, there have been more than 450 such suits and only 18 of them were brought by DoJ. Some made it all the way to SCOTUS and yet none of the judges in any of those cases --- until now --- found the plaintiffs lacked standing to sue under the law. Go figure.

"This is about people in robes forgetting why they're there. People in love with a particular statutory interpretation methodology and forgetting that what they are supposed to be doing is effectuating the intent of Congress," argues Levitt. The VRA has been amended several times since 1965 --- under Ronald Reagan and George W. Bush --- and adopted by huge majorities in both chambers of Congress. The members of Congress who amended it, and Presidents who signed the re-authorizations, "absolutely thought that the NAACP Legal Defense Fund would be bringing cases right alongside the Department of Justice and others. It's ludicrous to think that Congress wanted anything different than that." If they had wanted anything different, he notes, they could have changed the law to say as much at that time, since so many suits had already been brought under the law by individual voters and private voting rights organizations even before the law's several re-authorizations.

So, what happens next? What can be done about any of this? If the case does make it to SCOTUS and they too undermine the VRA are there ANY routes left for voters to challenge racially discriminatory election laws in the U.S.? Levitt answers all of those questions and many others on today's BradCast...

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It has been a very busy several days since we spoke with you last on BradCast! So it's another very busy show today. [Audio link to full show follows this summary.]

Among our coverage today...

• BREAKING before air: Law enforcement officials have arrested a "strong person of interest" in last week's Manhattan murder of UnitedHealthcare's CEO. A 26-year old man in Altoona, Pennsylvania --- said to have a gun like the killer's, a silencer for it, a fake ID and other related stuff --- has reportedly led police to believe they may have their man, though no official announcement has been made to that end as of airtime.

• Over the weekend, Romania's constitutional court nullified the results of the first round of voting in the NATO member nation's Presidential elections due to evidence of massive interference by Russia via tens of thousands of cyberattacks and a scheme to pay a coterie of TikTok users to post pro-Russia propaganda in favor of a longshot Presidential candidate. (Sound familiar?) The election will now be re-run. Imagine that. In the meantime, despite all manner of concern about Russian (and domestic) interference in the U.S. Presidential election this year, official certification of Electors in each state moves forward this week, without nary a hint of the hand-count or post-election audit that so many world-class cybersecurity and voting system experts have called for --- for very well-supported reasons --- following Donald Trump's reported victory on November 5th.

• Also, over the weekend, the Assad Family's barbaric, decades-long autocratic rule of Syria finally came to an ignominious end, following a lightning offensive by rebel groups at the end of a deadly, 12-year civil war on the long road to Damascus. Bashar Ashad and his family fled to Russia, Syria's top ally, seeking asylum and exile. Russia --- for its part, as President Biden noted during his remarks on the stunning fall of Assad's Syria on Sunday --- had been unable to come to the aid of its longtime ally, as they are stuck in their own quagmire following their invasion of U.S. and NATO-supported Ukraine. While Biden lauded the good news of the fall of Assad as "a moment of historic opportunity for the long-suffering people of Syria to build a better future for their proud country," he was more cautious about what comes next and whether those now claiming power --- tied in years past to al-Qaeda --- can moderate their politics to govern Syria responsibly. Time will tell.

• And, with still more bad news for authoritarianism, South Korea's opposition Democratic Party continues to have the support of the people as it pushes back against the rightwing ruling party and its President following last week's auto-coup via martial law declared by President Yoon Suk Yeol. The declaration was called off just hours later amid a popular uprising and members of both parties fighting their way past military troops to open the National Assembly to a hold a vote to end the martial law declaration. In the days since, Yoon now clings tenuously to power. His party, the People Power Party (or PPP), blocked an impeachment attempt by the Democrats over the weekend and demonstrators remain on the streets as South Korean officials announced a travel ban for the President, and the PPP declared the party and the nation's Prime Minister will take over all foreign and domestic business from Yoon until he leaves office earlier than planned. So, with no power, why is he still hanging around? And with no constitutional basis for this shift of President powers to a political party and a Prime Minister, the opposition Democrats are describing it as a second coup and vow to continue their impeachment attempts on a weekly basis through the end of the year or until Yoon is deposed.

• Finally today, the Biden Administration has reportedly been considering issuing broad, unprecedented, preemptive pardons to a number of Donald Trump's self-declared domestic enemies. That effort kicked into even higher gear with the incoming President's announcement that he planned to nominate Kash Patel to head up the FBI. Patel has been outspoken about investigations and prosecutions against a long list of Trump's perceived enemies, listing some 60 of them by name in his recent book, including Joe Biden himself, Vice President Kamala Harris, former Sec. of State Hilary Clinton, former Obama Attorney General Eric Holder, Trump's own Chairman of the Joint Chiefs Gen. Mark Milley and dozens more. Over the weekend, during an interview with NBC News, Trump appeared to up the ante yet again by calling for the jailing of former Rep. Liz Cheney (R-WY), Congressman Bennie Thompson (D-MS) and other members of the bipartisan January 6 House Select Committee.

  So, should Biden use his Constitutional Presidential pardon power before leaving office to grant clemency to many of those who will likely be targeted by a weaponized Trump Administration? Or is it more important to maintain the polite "norms and traditions" that only Dems seem to follow as Trump and Republicans run rough-shod over them? My view is pretty clear: Offer them all pardons. If they want one, grant it. If they don't, they're on their own.

  We open up the phones to get the opinions from listeners on this matter and whether or not they would like to see Biden issue such pardons. Suffice to say, we remain a divided nation...

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Why tell the truth and follow the rule of law when BS'ing and obstructing truth and justice (and Congress) now appear to be a far more successful way to get ahead in life...and in the Presidency of the United States? As Donald Trump recently reached a new milestone of having told more than 10,000 lies while in office, according to Washington Post's fact-checker database, these are among the related stories covered on today's BradCast. [Audio link is posted below]...

• A fascinating new study finds that wealthy men are more likely than women and those of lesser means to simply make stuff up. That's right, lying appears to work for many, and is carried out far more frequently in North America than in other English speaking countries around the world. Or, as WaPo's headline summarizes the academic survey: "Rich guys are most likely to have no idea what they're talking about, study suggests". (Though, as you'll also learn, both Desi and Canada should be ashamed of themselves);

• That may also help us understand today who our President is and why he and his supporters do what they do, as a new CNN analysis catalogs 77 different "lies and falsehoods" by Trump and his associates, documented in Robert Mueller's redacted Special Counsel report. The lies were told by Trump, his "campaign staff, administration officials and family, Republican backers and his associates" who all "made false assertions to the public, Congress, or authorities," according to the analysis. While a handful of those lies were prosecuted as crimes (for example, some of those told to the FBI by Trump's former National Security Adviser Michael Flynn and to Congress by his former personal lawyer Michael Cohen), most went unprosecuted for varying reasons, including the fact that lying to the public and the press is not a crime, even when the White House does it, repeatedly, apparently. Among the many lies cataloged, a plurality of which were told by the President himself, many concerned his dealings with Russia and those of campaign staff and administration officials;

• Speaking of which, in March, Trump's 2020 Campaign Manager Brad Parscale flew to Romania to deliver a paid speech to Romanian politicians and policy experts, raising questions among U.S. legal experts about conflicts of interest and whether Team Trump has learned anything after their extensive dealings with Russia during the 2016 campaign. They paid little price for that, however, so why worry about a Trump/Romania Special Counsel investigation now?;

• Mid-show today we covered some breaking news regarding today's U.S. support for a military coup being called for by Valenzuela's opposition leader and self-declared "President" Juan Guaido, and claims by U.S. Sec. of State Mike Pompeo that the nation's actual President Nicolas Maduro was preparing to leave the country in response. At the last minute, however, according to Pompeo, Maduro was talked out of it by Russia. But, of course, our Sec. of State is a huge and very successful liar as well, so there's no particular reason to believe any of his assertions regarding the attempted U.S. overthrow of Venezuela today;

• In other breaking news, a federal judge today determined that a lawsuit filed by some 200 Congressional Democrats against Donald Trump charging he is in violation of the Constitutional Emoluments clause may move ahead, allowing plaintiffs to gain access to information about Trump's private business dealings;

• And, in related news, Trump's private attorneys on Monday night filed a lawsuit on behalf of him, his company and his children's behalf against Deutsche Bank and Capital One in hopes of forcing them to not respond to lawful subpoenas for Trump financial documents as issued by a number of Congressional committees. Normally we'd say "good luck with that", but for Trump's stolen Supreme Court majority who have proven themselves capable of doing anything on his behalf at this point;

• The obstruction also continued today by Trump's Attorney General William Barr, who, the Justice Department has said, still plans to appear before the Republican-majority Senate Judiciary Committee on Wednesday to give testimony regarding the Mueller Report, but that he is objecting to a planned appearance before the Democratically-run House Judiciary Committee on Thursday, where members may allow counsel from both the majority and minority to question Barr during the scheduled testimony. House Judiciary Chair Jerrold Nadler asserts it's not up to Barr to determine who gets to question him or how the hearing is to be carried out, suggesting he may ultimately need to subpoena the A.G. to force his testimony. But if Barr defies that subpoena, as other Administration officials have been ordered by Trump in recent days, then what? Who would enforce a Contempt of Congress citation against the nation's top law enforcement official? And how would it even be done? Well, there is a House Sergeant-at-Arms and, reportedly, a jail in the basement of the Capitol Building. We discuss;

• Finally, Desi Doyen joins us for our latest Green News Report, on the back-to-back devastating cyclones in Mozambique, a delay to the Interior Department's plan to expand off-shore drilling, air pollution getting worse under Donald Trump, and voter support for a Green New Deal in Spain's recent elections...

Yes. All of that. In under one hour. Somehow. You're welcome...

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