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Latest Featured Reports | Tuesday, March 25, 2025
'Green News Report' 3/25/25
  w/ Brad & Desi
More wildfires in the Carolinas as Trump dismantles FEMA; Melting glaciers threaten global water supplies; PLUS: Fossil fuel industry is ready for liability payback from Congress...
Previous GNRs: 3/20/25 - 3/18/25 - Archives...
Postal Workers Union Prez: USPS 'Belongs to the People, Not the Billionaires':
'BradCast' 3/24/25
Guest: Mark Dimondstein of APWU; Also: Journos file suit to restore Voice of America...
Sunday 'Suddenly Conceivable' Toons
THIS WEEK: Kremlin Call ... Court Gestures ... Voiceless America ... Show Toons! ... And more! In our latest collection of the week's most imaginable toons...
We're ALL Voice of America Now: 'BradCast' 3/20/25
Happy Finland, sad U.S.; Israel's breaks Gaza ceasefire; Trump parrots Putin's Ukraine propaganda; VOA still silenced, still needed...
'Green News Report' 3/20/25
  w/ Brad & Desi
Greenpeace ordered to pay hundreds of millions to fossil fuel company; WMO climate report documents spiraling climate; PLUS: China unveils EV battery that charges in 5 minutes...
Previous GNRs: 3/18/25 - 3/13/25 - Archives...
What Trump's 'Timber Production Expansion' Means (and Costs): 'BradCast' 3/19/25
Guest: Climate Analyst Matt Sedlar; Also: Splashdown in the 'Gulf of America'; More Trump court losses; And why giving up isn't an option...
Courts Largely Holding Against Trump, Musk Lawlessness: 'BradCast' 3/18/25
Trump ignores ruling, threatens judge; Fed. workers return after courts rule; USAID closure deadly, 'unconstitutional'...
'Green News Report' 3/18/25
Extreme weather havoc across US; Trump mass firings endanger accuracy of weather forecasts; PLUS: Trump Interior Dept rescinds NJ offshore wind permit...
Chief VOA Reporter on Outlet Falling Silent First Time Since 1942: 'BradCast' 3/17/25
Guest: Voice of America's Steve Herman laments Trump shutdown of 'beacon that burned bright' as 'national tragedy', gift to U.S. adversaries...
Sunday 'The Usual' Toons
THIS WEEK: Tariff Triumphs ... Musk and His DOGE Pals ... And much more March Madness in our latest collection of the week's most mind-blowing toons...
'Green News Report' 3/13/25
Trump EPA plans to Make America Polluted Again; Energy Sec. vows to reverse climate progress; Climate whiplash worsens; PLUS: U.S. renewable energy still booming...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
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Hand-marked, hand-counted ballots...
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GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


With Brad Friedman & Desi Doyen...
By Desi Doyen on 7/9/2024 10:47am PT  


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IN TODAY'S RADIO REPORT: Hurricane Beryl barrels into Texas as 146 million Americans suffer amid extended, record-shattering heat wave; US Supreme Court's rightwing supermajority delivers big for polluters; PLUS: Biden unveils first-ever standards to protect workers from extreme heat... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Heat and a hurricane descend on the U.S., other wild weather around the world; As Beryl surged toward Texas, scientists found global warming intensified it; A guide to Project 2025, the extreme right-wing agenda for the next Republican administration; Can the UK regain its green mojo?; Midwest floods, widespread heat waves are undermining US transportation systems; Trump's environmental agenda: Embrace Big Oil, ignore the climate crisis; Aggressive tick species spreads across US thanks to global warming; How to create a 'world without waste?' Here are the plastic industry's ideas... PLUS: The Supreme Incompetents: The justices are awful at their jobs, and they don’t know that they are awful at their jobs... and much, MUCH more! ...

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Guest: Legal reporter Mark Joseph Stern on KBJ, the EPA, dark money in the federal judiciary and much more; Also: Latest good-ish news and bleak news out of Ukraine...
By Brad Friedman on 3/3/2022 6:34pm PT  

We continue the impossible balancing act on today's BradCast between coverage of the chilling news out of Ukraine and the somewhat less grim --- but still (mostly) grim --- news out of the federal judiciary in our own teetering democracy. [Audio link to full show is posted below this summary.]

FIRST, in our quick round-up of the latest developments in Russia's horrific assault against Ukraine:

  • Some good-ish news as the second round of peace talks results in a "possible temporary ceasefire" to establish humanitarian corridors in some areas of Ukraine to allow safe evacuation out of the country and for food and medical supplies to be brought in.
  • The UN says 1 million refugees have already fled Ukraine over the past week, a record for number to leave any nation that quickly this century. But, they warn, the number of displaced residents could rise to more than 4 million, and potentially as high as 10 million as the unspeakable violence continues.
  • More good-ish news in that the Pentagon has reportedly established a direct line of communication with the Russian defense ministry. The so-called "de-confliction line" has been established "for the purpose of preventing miscalculation, military incidents, and escalation," as AP is reporting.
  • The International Criminal Court is said to have opened an investigation into Russian war crimes and atrocities.
  • French President Emmanuel Macron, after a "not-so-friendly" call with Vladimir Putin, reports "the worst is yet to come" in the conflict.
  • According to its Mayor, Russian troops have finally taken control of a major city in Ukraine, the city of Kherson on the Black Sea near Crimea. Russian troops are said to be "laying siege" to the key nearby Ukrainian city of Mariupol.
  • Ukrainian President Volodymyr Zelenskyy is pleading for more international assistance and calling on NATO to establish a no-fly zone over the country. That, however, would directly pull both U.S. and NATO into direct military conflict with Russia, sparking WWIII in the bargain.
  • And, in the U.S. House on Wednesday, a bipartisan, non-binding resolution "Supporting the people of Ukraine" and its sovereign territory, condemning Russia, was approved by an overwhelming 426 to 3 vote. The three members voting against were all Republicans: Reps. Paul Gosar of Arizona, Thomas Massie of Kentucky and Matt Rosendale of Montana. The explanations from all three are appalling.

NEXT, it's back to U.S. news focused on the federal judiciary, with the great MARK JOSEPH STERN, legal journalist at Slate, who, on the day that Justice Stephen Breyer announced his retirement from the U.S. Supreme Court back in January, told us that his "likely" successor would be Judge Ketanji Brown Jackson. Last week, she was nominated by President Biden to the High Court.

Among the many court-related matters discussed with Stern today (including several of them in a lightning round, as we tried to catch up with a boatload of news that has otherwise been overshadowed by the war in Eastern Europe)...

  • His thoughts on Judge Jackson, why he predicted back in January that she'd be nominated, what difference she can make on the GOP's stolen and packed Court, and what, if any, roadblocks may stand in the way of her confirmation as the first black woman to sit as a Justice.
  • This week's SCOTUS hearing on West Virginia v. EPA, a challenge by "red" states and the fossil fuel industry to President Obama's Clean Power Plan (which never went into effect) and Trump's subsequent program that replaced it (which was rolled back by the Court and also never went into effect). So why did the GOP's stolen and packed SCOTUS shock Court watchers by deciding to hear this case at all, since nobody has actually been harmed in any way? We discuss. But it's about not only gutting the EPA's statutory ability in the near future to regulate greenhouse gas emissions causing our deadly climate crisis, but also about undermining regulatory actions by all Executive Branch agencies (at least when a Democrat is in control of them.)
  • While the role of dark money in campaigns and elections is fairly well understood, how dark money affects appointments to the federal judiciary and the cases they hear is much less appreciated. Stern explains some of the many ways this has poisoned the U.S. judicial system.
  • Last week, SCOTUS turned away a challenge to Maine's COVID-19 vaccine mandate for healthcare workers, filed by plaintiffs seeking a religious exemption. Why has the Court been allowing some state and local mandates to proceed, even without religious exemptions, while blocking others imposed by the Biden Administration? Stern explains.
  • Remember that 2018 decision by SCOTUS regarding a baker who didn't want to bake a wedding cake for a gay couple in Colorado? His bigotry was allowed, but for largely technical reasons. Now the Court has decided to hear yet another challenge to Colorado's anti-discrimination law from a woman who is considering expanding her web design business to create wedding sites. But, if she does, she doesn't want to create them for same sex weddings, in violation of CO's law. Stern explains that idiocy as well.
  • And, finally, in perhaps the most insane court story we discuss today, this one out of the far-right 5th federal Circuit. The lede from Stern's coverage at Salon this week should give you a taste of just how insane it actually is: "On Monday, the 5th U.S. Circuit Court of Appeals issued a stunning decision transferring control over the Navy’s special operations forces from the commander in chief to a single federal judge in Texas. The 5th Circuit’s decision marks an astonishing infringement of President Joe Biden’s constitutional authority over the nation’s armed forces, directing him to follow the instructions of an unelected judge—rather than his own admirals—in deploying [Navy] SEALs. High-ranking military personnel have testified under oath that this power grab constitutes a direct threat to the Navy’s operational abilities. As Russia invades Ukraine and declares a nuclear alert, Donald Trump’s judges are actively threatening America’s national security."

FINALLY, Desi Doyen joins us for an only slightly less insane Green News Report: On Biden's SOTU, on Russia's oil and gas industry getting pummeled because of its attack on Ukraine; and some VERY encouraging news about wind energy...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: New IPCC Report warns we're out of time to adapt to climate change; SCOTUS aims to kill the EPA; Callers ring in on Russia/Ukraine horror...
By Brad Friedman on 2/28/2022 6:44pm PT  

It was a very lively BradCast today, even amidst horrible times. So there's that. [Audio link to full show is posted below.]

First up, Desi Doyen joins us for a too-brief summary of the latest report, issued today, by the U.N.'s Intergovernmental Panel on Climate Change (IPCC), warning that the world is running out of time to prevent the worst effects of climate change and even our ability to adapt to it. The new report is almost 4,000 pages, but at least she gets several minutes to explain all of it!

Similarly, we briefly discuss oral argument at SCOTUS today in which the Republicans' stolen and packed Court majority has, virtually out of the blue, decided to hear a challenge to Barack Obama's Clean Power Plan, even though it was never even implemented. The point here, by the newly far-right Court, is clearly to gut the Environmental Protection Agency (EPA)'s regulatory power, despite meeting their mandate for decades to institute regulations that protect the environment and Americans within it. This latest gambit by the Court is akin to their recent move that blocked OSHA's ability to regulate safety in the workplace with a vaccine mandate. Make no mistake: The U.S. Supreme Court is gutting Executive Branch agencies ability to do their job. It is the final step of the GOP's long effort to "deconstruct the administrative state," as many, such as Steve Bannon, have long vowed.

Next, it's on to the latest news in Russian President Vladimir Putin's horrific, appalling, inexcusable war on 41 million innocent men, women and children in Ukraine, after he issued yet another veiled threat over the weekend to use nuclear weapons.

On the upside, peace talks between Ukraine and Russia took place over the past 24 hours, and are on pause as the representatives from both sides take early results of discussions back to their capitals.

In the meantime, the world, at least the western world, continues to unify in opposition to Russia's aggression. The U.S. and 27 EU nations continue to institute more and more crippling financial sanctions against Russia, its banks, companies and oligarchs, despite the considerable costs that will be borne in response by those nations. Many of them, including the U.S. are also sending more weapons to help Ukrainians defend themselves from a slower-than-expected, but still very deadly, assault by Russia, including with the use of cluster munitions deployed to densely populated urban neighborhoods. Germany is upping its commitment to NATO. Finland is considering joining. Even Switzerland(!) has reversed decades of neutrality to freeze Russian assets. Oil companies BP and Shell have announced they are dumping their considerable stakes in Russia's state-owned oil and gas companies (though we're still waiting on Big Oil companies in the U.S. to do the same.) The NYSE and Nasdaq announced they are halting trading of Russian-owned companies.

Russia's appalling aggression has, it seems, united much of the free world against them. So why are there actually some on the American left --- the theoretically anti-war left --- who seem unable to condemn Russia for their unprovoked atrocities? Even some folks who listen to this program?

We have covered in detail many of the legitimate complaints Russia has long had against NATO and the U.S. We have long been, in fact, sympathetic to many of those complaints and have been critical of overly-hawkish Democrats (and Republicans). But when one nation launches a massive, deadly assault on a sovereign neighbor that posed absolutely no threat to them, all bets are off. Any benefit of doubt goes out the window. At least until they call off the attacks and withdraw their troops.

As we noted last week after Russia began their assault (and again on Twitter over the weekend) we oppose naked aggression by nuclear-armed superpowers, whether its the U.S. attacking Iraq or Russia attacking Ukraine. This is an easy call.

Nonetheless, we share some email today in response to that position (which seemed fairly uncontroversial, especially for a largely progressive audience) and open up the phone lines today to a bunch of callers to try and find out why some on the supposed "anti-war left" are having trouble with that idea.

Among today's lively discussions with callers, the truth about Russia's misleading claims about "denazifying" Ukraine (there is an ultra-nationalist faction there, but they have no seats in Parliament, and by the way, Ukrainian President Volodymyr Zelenskyy is Jewish and lost several family members to Nazis during WWII) and one caller who simply can't even find it within himself to condemn Russia's horrific attack on 41 million innocent people in Ukraine. (Though, to be fair, I couldn't tell you if the caller is actually on "the left" or not)...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Oath Keepers founder charged with 'seditious conspiracy' for Capitol attack; Bernstein says Jan 6. 'cover-up in excess of Watergate'...
By Brad Friedman on 1/13/2022 6:59pm PT  

Our guest on yesterday's BradCast nailed it. The stolen and packed U.S. Supreme Court did, in fact, strike down one of the Biden Administration's vaccine mandates today (the one that allows employees to not get vaccinated if they choose), while narrowly approving the vaccine mandate for all health care workers at facilities that receive federal funding. [Audio link to full show follows this summary.]

The Omicron surge continues to rack up both record infections and hospitalizations. Death counts are now on the rise as well. Though there are hopeful signs that some parts of the U.S. may be peaking or plateauing, and that, in a few weeks, the surge may plunge as quickly as it initially spiked over the past few weeks. The advice this week from the Los Angeles County Health Director to hang on for just a few more weeks and avoid any non-essential public gatherings, particularly indoors with the unvaccinated or those at high risk of severe illness during that period, is likely good advice for everyone in the nation at this time.

That is especially true now that the non-medical experts at the U.S. Supreme Court seem dead set on preventing actual experts charged with protecting workers from helping to protect millions of them.

As Slate's ace legal journalist Mark Joseph Stern predicted on yesterday's BradCast, the packed Republican Supreme Court did, in fact, put a stay on President Biden's Occupational Safety and Health Administration (OSHA) mandate for workers at large companies with more than 100 employees to either get vaccinated or get tested weekly. The other case heard during emergency oral arguments last week, the Administration's Health and Human Services mandate for vaccination of all workers at health care facilities that accept Medicare or Medicaid funding, was narrowly allowed to remain. Chief Justice John Roberts and Brett Kavanaugh joined the Court's three liberals in a 5 to 4 opinion [PDF] on that one.

Today, we step through the absurdities of the Majority opinion from the Court's rightwingers on the stayed employer mandate [PDF], as well as the even more absurd --- but dangerously so --- Concurring opinion authored by Justice Gorsuch with Thomas and Alito, as well as the furious Dissent, jointly penned by Justices Breyer, Sotomayor and Kagan.

"Underlying everything else in this dispute is a single, simple question," the Dissenters wrote, 'Who decides how much protection, and of what kind, American workers need from COVID–19? An agency with expertise in workplace health and safety, acting as Congress and the President authorized? Or a court, lacking any knowledge of how to safeguard workplaces, and insulated from responsibility for any damage it causes?"

The stinging Minority dissent derides the non-expert Court Majority for being the ones to decide that the non-experts in Congress, as opposed to the experts at the Executive Branch agency charged by Congress via specific statue to protect workers, must make specific medical decisions through legislation for those workers. It is, of course, madness. Especially, as the Dissenters note, the Court's "Members are elected by, and accountable to, no one," whereas those at OSHA are not only experts, but "responsible to the President, and the President is responsible to—and can be held to account by—the American public."

Tune in for all the details. But the good-ish news for the moment is that only three of the Court's rightwingers were willing to sign on to the idea that statutes granting Executive Agencies the power to regulate things should be ignored when there is a "major question" at stake, as we discussed in some detail with Stern on Wednesday. But that good-ish news may not stand for long, as the Court will hear a case next month with even broader implications, as to whether the EPA, despite its statutory charge by Congress, is allowed to regulate pollution that is causing our climate emergency and much more. As we detailed yesterday, we are, in fact, watching the far-right "deconstruction of the Administrative state" before our very eyes.

Then, in what would, during normal times, be our lead story today, we quickly cover the arrest of Stewart Rhodes, the founder and leader of the far-right Oath Keepers militia outfit, who, along with ten others in his group, were charged today "seditious conspiracy" for their part in the Trump-incited attack on the U.S. Capitol on January 6, 2021, as part of Donald Trump's plot to steal the 2020 election.

The federal charges are the most serious to date in relation to the January 6 attack and are precisely what our guest from several weeks ago, Marcy Wheeler of Emptywheel, told guest host Nicole Sandler was likely to soon happen, as the Dept. of Justice and Attorney General Merrick Garland continued a painstaking bottom-up probe. And yes, we did interview the Oath Keepers' Rhodes on this program back in 2016. Here is a link to that lively, if occasionally testy, interview.

And, in one more related matter on an absurdly busy show (restructured about five times before air today as news kept breaking!), GOP House Leader Kevin McCarthy, who recently told a reporter he "wouldn't hide from anything" when he asked if he was willing to speak to the bipartisan House Select Committee investigating January 6th, refused to cooperate with a voluntary invitation on Wednesday to speak with the Committee. In response to the news, Carl Bernstein (of Watergate's Woodward and Bernstein) told CNN on Wednesday night that the Committee already "has the goods" on McCarthy and what he said to Trump on Jan. 6 "and McCarthy has lied about it since."

"So, we have a real conspiracy, a real cover-up, real stonewalling in excess of anything we saw in Watergate," said Bernstein...who should know.

Finally, Desi Doyen joins us for our latest Green News Report, which is packed with even more news during the final few minutes of today's program...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Slate legal reporter Mark Joseph Stern; Also: Jan 6. Comm seeks McCarthy interview; Fulton County, GA D.A. closing in on Trump...
By Brad Friedman on 1/12/2022 6:39pm PT  

Well, we start today's BradCast with some encouraging news. At least until our guest arrives. [Audio link to full, must-listen show follows this summary.]

First up, the investigators are closing in. In Congress, the House Select Committee investigating Trump's January 6 attack on the U.S. Capitol are now "requesting" an interview and documents from House GOP Leader Kevin McCarthy, centered on his communications with Donald Trump "before, during and after" the insurrection.

Meanwhile, down in Georgia, Fulton County (Atlanta) District Attorney Fanni Willis also appears to be closing in on Trump and his fellow conspirators regarding their attempt to steal the 2020 election in the Peach State. In an interview with AP published on Monday, Willis said her team is making "making solid progress, and she’s leaning toward asking for a special grand jury with subpoena power to aid the investigation." She also believes a decision will soon be made on whether to indict Trump and several others. (Meadows? Giuliani? Lindsey Graham?) “I believe in 2022 a decision will be made in that case,” she told AP. “I certainly think that in the first half of the year that decisions will be made.”

And on Tuesday, MSNBC's Rachel Maddow reported "that attorneys for former President Donald Trump have now met in person with the Fulton County District Attorney's office in Georgia." The meeting reportedly took place last month, around the same time that Trump issued an unhinged, seemingly out-of-the-blue statement that few knew what to make of: "All the Democrats want to do is put people in jail. They are vicious, violent, and Radical Left thugs. They are destroying people's lives, which is the only thing they are good at...their DA's, AG's, and Dem Law Enforcement are out of control." Suddenly, his remarks makes a lot more sense.

Welp...That's about it for today's encouraging news, before we are then joined by the great MARK JOSEPH STERN, legal journalist for Slate on what appears to be Steve Bannon's dream of the "deconstruction of the Administrative State" about to come true.

Last Friday, the U.S. Supreme Court heard oral arguments on challenges to two separate COVID-related Biden Administration mandates. One applies to businesses with more than 100 employees, requiring them all to either get vaccinated or take weekly tests for the virus. The other requires vaccination for all workers at health care facilities that accept money from either Medicaid or Medicare. Both rules were set to take effect as the Omicron surge has led to record pandemic hospitalization numbers. The first was issued by way of regulations from the Occupational Safety and Health Administration (OSHA), the second via the Health and Human Services Administration (HHS). Both are based on authorities granted to the Executive Branch agencies via statutes adopted by Congress. Though none of those statutes, passed years ago, include the word "COVID" in them. So now they are both being challenged by Republican state Attorneys General as unconstitutional over-reaches by the Administration.

Based on tea leaves read during Friday's oral arguments --- with two of the challenging attorneys infected with COVID and arguing remotely --- Stern believes it's possible the employer mandate could survive, but that the health care mandate is likely to be struck down.

But buckle up for today's conversation with Stern about all of this, because these cases are a much much larger than simply about the COVID mandates, even though they are likely to save hundreds of thousands of American lives unless struck down by the Court. These challenges squarely target the so-called "Administrative State" which, as you'll recall, Trump's disgraced Senior Political Adviser Bannon vowed in 2017 that they planned to "deconstruct". That may finally be about to happen, thanks to Trump's stolen and packed Supreme Court.

We dive too far into the legal and Constitutional and political weeds to adequately summarize here, but the argument comes down to who has the Constitutional right to "protect the general welfare" of the citizenry on matters of public health (and much more). Is it Congress, which has no expertise in these matters? Or the Executive Branch agencies created by Congress and filled with such experts? Ironically, the ultimate body who will make this decision is going to be the Judicial Branch, which, like the Legislative Branch also has no expertise in these issues.

All of the COVID mandate challenges are based on legal doctrines such as the "major question doctrine" and the "nondelegation doctrine" (both explained by Stern) which, unlike the General Welfare clause, do not actually appear anywhere in the Constitution at all.

"There is nothing (in the Constitution) that requires these principles, and certainly nothing that gives the federal judiciary the power to decide what the Executive Branch gets to do and not do under Congressional delegations," Stern explains. "All of this stuff has been made up. It was made up a long time ago, and used to block New Deal programs under FDR, then immediately abandoned and discarded for nearly a century. Only in the last few years has it been revived by so-called 'originalists' who are seeking to box in Democratic Presidents and prevent them from issuing any kind of policy."

"We are talking about a really recent revival," he continues. "Because as recently as the early 2000s, the Supreme Court unanimously disclaimed any real version of the non-delegation doctrine, and a majority opinion written by Antonin Scalia [of all people!] basically said 'We don't have any expertise, it's not our job to tell Congress what it can and cannot entrust the Executive to do'. We are only about two decades out from that, and the entire conservative legal movement has turned on a dime and decided that, in fact, the courts have this intense obligation to police the boundaries between these branches, even though there's nothing in the Constitution that permits it, much less requires it."

The Scalia majority opinion in question, which Stern "encourage[s] everyone to read" is 2001's Whitman vs. American Trucking. "It is a very clear explanation of why the federal courts have absolutely no business mucking around in this kind of cooperation and negotiation between Congress and the Executive Branch. Twenty-one years later, everyone has decided to ignore that opinion on the Right and pretend like it never happened."

So, what will it mean if the Court now decides that experts at Executive agencies mandated by Congress to exercise their expertise may not do so? The fallout could be enormous and terrifying and go well beyond COVID and these two cases. By way of one example, Stern notes, next month the Court is about to hear a case where "the Biden EPA wants to restrict carbon emissions at power plants. While federal law gives the EPA vast authority to regulate and restrict all kinds of toxic and harmful emissions from power plants, it doesn't explicitly say 'carbon'. It says the EPA needs to decide what counts, and we will defer to their expertise."

But, Stern notes later in our conversation, "this does not start or stop with carbon. This goes to every toxic chemical on the planet, which Congress simply does not have the time or expertise to list. So, anytime you're thinking about the amount of benzene, or methane, or whatever horrific chemical you want to talk about in the water supply, the air supply, that stuff is regulated by the EPA, not directly by Congress. And if this Supreme Court goes as far as I fear it will, we are going to have a lot more unnecessary deaths because of a horrific amount of pollution that the President is going to be told that he simply cannot curb."

And, yes, even that is only the tip of the melting iceberg. It also goes farther than the EPA, to dozens, if not hundreds of other federal agencies and regulations on labor rights and much more, as Stern details. "But that is what these Justices seem to want, and that is the road that we are already following down," he warns. "We live in a juristocracy, my friend, and we are only just beginning to see the downstream consequences of it."

As noted, buckle up for this one...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 9/23/2021 11:15am PT  


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IN TODAY'S RADIO REPORT: President Biden pushes for unified climate action at U.N.; China vows to end international financing of coal plants; 2021 wildfires set new record for carbon dioxide emissions; OSHA will protect workers from extreme heat; PLUS: Illinois passes landmark clean energy and climate justice law... All that and more in today's Green News Report!

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Guest: Iowa U.S. House candidate J.D. Scholten; Also: The fight for safe, verifiable elections is now a state-by-state, county-by-county battle...
By Brad Friedman on 5/1/2020 7:03pm PT  

On today's BradCast: Make no mistake. Donald Trump's Executive Order earlier in the week pretending to force meatpacking plants to stay open did no such thing, despite how it was misreported by the corporate media. But for those really interested in protecting the nation's food supply, there is an answer. [Audio link to the full show is posted below.]

Trump's order was issued as meatpackers working on lines across the country, now at least 7,000 of them, have been infected with coronavirus, with at least 25 of them now killed by it. Workers are being sacrificed as Just four Big Ag monopolies now control 85% of the nation's beef supply with just 50 plants producing 98% of it for the nation.That is down from thousands that did so all across the country until recent decades when those four mostly foreign-owned companies were allowed to buy up and dangerously consolidate the nation's food supply.

It is now costing us in a number of ways. Many of the worst COVID-19 hot spots across the country are in meatpacking plants with hundreds of infections in each and many of those are concentrated in South Dakota, Nebraska and Iowa. While the CDC and Occupational Safety and Health Administration (OSHA) have issued guidance recommendations for how the crowded plants may be run more safely, OSHA has made those recommendations voluntary, not mandatory. Thus, the Big Ag companies are largely ignoring the CDC safety guidelines in order to keep cranking out the meat, no matter the deadly cost to the workers and their families and communities where the disease continues to spread.

In Republican-run states like SD, NE and IA, the Governors have refused to issue stay-at-home orders, despite pleas from local Mayors and health officials to do so. Worse, Iowa Gov. Kim Reynolds has told the companies that they may regard any workers too afraid to risk their lives by showing up to work in unsafe conditions as having voluntary quit. Therefore, says Reynolds, those workers will not qualify for state unemployment benefits when the companies fire them. As all of this has played out, and plants have been forced to shut down with workers literally collapsing on the lines, the nation has begun to see shortages of beef, pork and chicken in grocery stores, leading the CEO of Tyson Foods to recently declare that the "the food supply chain is breaking." No kidding. But that is thanks, in no small part, to the consoladition of companies by Tyson and the few others!

Fifth generation Iowan J.D. SCHOLTEN, who joins us on today's show, says that it doesn't have to be this way. The Democratic candidate for the U.S. House in Iowa's 4th Congressional District blames the consolidation of the nation's food supply by a handful of companies for multiple disasters the industry is now facing. "One of the reasons we're a secure nation is because we are a food secure nation," Scholten tells me. "And we're getting dangerously close to being so concentrated that we're very vulnerable. This pandemic has put a spotlight on that. If one plant goes down for any reason, that really hurts the entire system."

Scholten is running for Congress this year again after nearly unseating 9-term Republican white nationalist Rep. Steve King in 2018, when the Democratic nominee was just over 3 points shy of winning in the deep-red district that Donald Trump won by 27 points in 2016. He argues today that the threats to our broken food supply chain --- with few farm-to-table restaurants in the entire state, despite being the very heart of Farm County --- can easily be fixed if the nation enforces long-ignored trust busting laws already on the federal books.

"We had this battle 100 years ago," he says, "and, as a result, we had the Packers and Stockers Act. That was in 1921. Next year, which I hope to be my first year in Congress, will be the 100th anniversary" of the Act which he wants to see invoked again. "I think it's a real opportunity coming out of this that farmers and workers come together. If we enforce our anti-trust laws, we can balance the playing field, allow farmers to stay on their land and make a dime, and allow workers to make an honest wage and be respected."

He also believes that the crisis has turned many of Iowa's previously-solid Republicans away from their Party. "It's really in the last couple of weeks where we've really gotten the attention of farmers who, I would say, traditionally don't give a crap about the Democratic candidate in this race. I've had a number of Republicans, whether they're farm managers or actual farmers, reach out to me and say, 'You're dead on, on this issue! Thank you for saying something, because we all know [Steve] King won't.'"

Scholten wants to restore regional systems of food production and delivery that he says "will benefit Iowa. Not only will it help our farmers, it will help our rural communities. If we create this alternative local and regional food system, for pennies on the dollar, it would create so many decent jobs in rural Iowa that have really gone to the wayside."

We discuss all of that and much more today, including why he thinks that this year he may finally be able to remove the execrable racist Steve King from office once and for all and how the Hawkeye State now plans to mail absentee ballot request forms to every registered voter for their upcoming June 2nd primary. Scholten is running unopposed in the primary, but King --- who has been removed by House Republican leadership from all of his committee assignments after racist statements that even they couldn't ignore --- is facing a challenge from four other Republicans. Scholten believes King will win the GOP nod anyway, but will be cash-starved after doing so.

Next, the continuing state-by-state and county-by-county slog to reform election procedures to ensure voters can safely vote in upcoming primaries and this November's critical general election amid a global pandemic. On that score, bad news for voters out of the GOP-controlled state legislature in Louisiana, where in-person voters across the entire state are forced to vote at the polls on unverifiable touchscreen voting systems which are now also deadly disease vectors for the coronavirus. While the state's Republican Secretary of State and Democratic Governor had struck a deal for a scheme that would allow most voters in the state to vote by absentee ballot, Republicans in the state legislature gutted most of that proposal to make voting by mail much more restrictive. How did both state chambers hold full votes on the measure? They voted by mail of course!

Much better news for voters this week in two counties in Pennsylvania where primaries will be held on June 2nd as well. Election officials in Crawford and Luzerne Counties --- which previously forced all voters to use 100% unverifiable touchscreen voting systems at the polls --- have now decided to allow in-person voters to vote on hand-marked paper ballots instead. Happily, few will even need to do so. Late last year the state, for the first time in its history, adopted a measure that allows for no-excuse absentee voting for all. Many voters will be sent an absentee ballot application for the primary in the mail, but all registered voters may request a mail ballot online at VotesPA.com by May 26. The deadline to register to vote in the Keystone State's primary is May 18.

Finally, we close today with a song and a laugh to shuffle off into the weekend. Once again, it comes from satirist Randy Rainbow, who joins the President in offering a "Spoonful of Clorox" to make the COVID infection rate go down. [PLEASE NOTE: A spoonful of Clorox will not kill the coronavirus. It will, however, kill you. So don't drink any!]

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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