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Latest Featured Reports | Thursday, June 17, 2021
Manchin Offers Voting
Rights Bill Compromise!:
'BradCast' 6/16/21
Also: Emptywheel's Marcy Wheeler with 'perspective' on Trump DoJ 'spying' on Dem lawmakers, lessons Dems may learn from it...
'Garland's Tylenol Moment': Why Biden's AG Must Now Form a Trump Task Force at DoJ: 'BradCast' 6/15/21
Guest: Const'l Attorney John Bonifaz of FSFP on reversing 'the road to tyranny'...
'Green News Report' 6/15/21
  w/ Brad & Desi
G7 ends with pledges, few details; Early heat wave breaks records; Chinese nuke plant mystery; AK's Pebble Mine finally really dead; PLUS: Biden restores Tongass 'roadless' rule...
Previous GNRs: 6/10/21 - 6/8/21 - Archives...
Biden, G7, NATO Seek to Restore Normalcy After Disastrous Trump Years: 'BradCast' 6/14/21
Also: Netanyahu out; China nuke plant leak?; 2016 whistleblower leaves prison; Callers...
Sunday 'Hee Haw on the Hill' Toons
Lessons in democracy from the esteemed gentlemen from Kentucky and West Virginia in PDiddie's latest weekly toon collection...
America's Billionaire Tax
Code Welfare Queens:
'BradCast' 6/11/21
Guest: 'Jackpot' author Michael Mechanic of Mother Jones; Also: Trump's politicized DoJ spied on Dem lawmakers in unprecedented violation of Separation of Powers...
'Good Trouble' (or, Call for President Biden on Line 3): 'BradCast' 6/10/21
Huge, hard-fought win on KeystoneXL; New fight in MN over another tar sands pipeline; Biden goes to Europe (not a moment too soon); TX's corrupt A.G. faces more legal trouble...
'Green News Report' 6/10/21
  w/ Brad & Desi
Keystone XL Pipeline finally cancelled, for good!; Mass arrests at MN pipeline protest; G7 spent big on fossil fuels in 2020; PLUS: Infra-structure talks with collapse, start over again...
Previous GNRs: 6/8/21 - 6/3/21 - Archives...
'His World, We Just Live In It': Manchin 'In the Catbird Seat': 'BradCast' 6/9/21
Guest: 9th generation West Virginian Robyn Kincaid; Also: Keystone XL is over!; Biden to reportedly close Gitmo...
Mystery Solved!: Professional Public Audit in NH Uncovers Why 100s of Votes Were Mistallied: 'BradCast' 6/8/21
Guest: Windham, New Hampshire auditor, Prof. Philip B. Stark of UC Berkeley...
'Green News Report' 6/8/21
Extreme heat hits U.S., breaks records in Middle East; CO2 concentrations highest in 4M years; PLUS: Sir David Attenborough's done being nice about climate change...
What Do We Do About Joe Manchin?: 'BradCast' 6/7/21
After WV's Dem Senator comes out against democracy and filibuster reforms, Democrats -- and democracy -- have a very real problem...
Sunday 'Has Dem in It' Toons
Here yet again to obstruct your day! It's PDiddie! With his latest collection of the week's best anti-democracy toons!...
'Shockwaves Hit Oil and Gas Industry' After 'Black Wednesday': 'BradCast' 6/4/21
Guest: Carroll Muffett of Center for Int'l Enviro Law; Also: An insidious reason Trump wants MAGA to think he's about to be reinstated...
'Green News Report' 6/3/21
Enviro disaster in Sri Lanka; Global warming heat deaths; TX winter storm death toll hundreds higher than reported; PLUS: Biden suspends Trump's oil, gas leases in ANWR...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


House passes H.R.1., so now what?; MI audits find 2020 results accurate, so now what?; AZ Senate finally gets ahold of Maricopa County's 2020 ballots, so now what?; GOP Congressman admits to three counts of felony voter fraud...so guess what?!...
By Brad Friedman on 3/4/2021 6:31pm PT  

We've got mostly democracy-related stories to report on today's BradCast. Some good news, and some bad. But there's a whole bunch of anti-democracy GOP fraud throughout, because what democracy story in the U.S. these days doesn't include Republican fraud and/or attempted voter suppression? [Audio link to full show is posted below summary.]

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

  • We start with one story that has little to do with democracy, though it should be enough to ensure these two idiot Governors are never elected to anything ever again. In case you are unclear just how idiotic the Governors of Texas and Mississippi are, after they lifted all COVID restrictions in each state this week in hopes that folks won't notice how horrifically they failed their own constituents following the winter storm there three weeks ago, Axios reports today that, while COVID infections rates are still falling in most states, the rate in Texas is up 27 percent over the past week and Mississippi's is up a nation-leading 62 percent! Luckily, both states are islands, so the idiocy of their Republican Governors won't effect everyone else's efforts to get beyond this pandemic once and for all, right?
  • House Democrats, as expected, passed H.R.1 --- the "For the People Act" --- on Wednesday night with zero Republican votes. The massive, landmark, once-in-a-generation voting rights, campaign finance reform and ethics reform bill now moves to the Senate. In that undemocratic body, however, where a simple majority is NOT enough to pass a democracy reform bill as of now, it will likely die, unless enough pressure is applied on Democratic Senators Joe Manchin of West Virginia and Kyrsten Sinema of Arizona to do the right thing, reform the filibuster, and allow this critical (if imperfect) measure to pass while Democrats have a brief opportunity right now to do so. The measure is long overdue and, according to new polling, wildly popular with the American people of all parties. 68% of likely voters favor the bill, and even a majority of Republicans (57%), back it as well.
  • The sad (and dangerous) Trump/GOP effort to con Americans into believing last November's election was stolen from the disgraced former President --- despite all evidence to the contrary --- continues.  And the massive evidence to the contrary continues to mount. This week, Michigan's Secretary of State announced that the results of a second statewide post-election audit once again confirms the initially reported results. "All of Michigan’s more than 250 election audits are now complete, and each and every one of them affirmed the integrity of the November election and the accuracy of the results," Sec. of State Jocelyn Benson said on Thursday. The audits were carried out by "More than 1,300 Republican, Democratic, and non-partisan election clerks...working across the aisle to review one another's procedures, ballots and machines in coordination with the state Bureau of Elections." Full hand-counts were carried out in some places, such as Antrim County, where Republicans pretended that Dominion Voting Systems machines were used to try and steal the election from Trump.  And, in heavily populated cities like Detroit, election officials determined that, of 174,000 absentee ballots tallied in the city, only 17 votes were ultimately "out of balance" (where the number of ballots cast in a precinct differed from the number of envelopes or signatures accounted for.)
  • But the most embarrassing state GOP idiocy of the week may belong to the Republican-controlled state Senate in Arizona. After months of subpoenas to elections officials, ordering them to turn over all 2.1 million ballots cast in Maricopa County (Phoenix) last year --- and even coming within one vote of throwing elections officials there in jail for following state law by securely retaining custody of the ballots cast in the County last November --- a state judge finally ordered Maricopa officials to obey the subpoena to deliver all ballots to the Senate, so they could count them themselves. They were all delivered, 73 pallets of them, this week. And guess what? Senate Republicans have no idea what to do with them now.  The story is even worse than it sounds, as we discuss today.
  • But at least officials in Kansas were finally able to find some voter fraud. Specifically, voter fraud by now-former Republican U.S. House Rep. Steve Watkins of Topeka. The one-term Congressman was defeated last year. But not before he lied about his residence, using the address of a UPS store on his voter registration, voted in an election he was not entitled to vote in, and then lied to state investigators about it all.  He was charged with three felonies related to voting. This week, however --- because, luckily, he is a white, male Republican from Kansas --- prosecutors are allowing him to enter a diversion agreement that delays his trial for six months, and drops the charges entirely if he's a good boy through September. We compare his treatment to that of Crystal Mason, an African-American mother of three in Texas, who, unlike the Kansas Congressman, had no idea she was violating the law when she cast a provisional ballot that was never counted in the 2016 election. She received a sentence of five years in prison for her "crime".
  • Finally, we're joined by Desi Doyen for our latest Green News Report, as climate change has resulted in the weakest Gulf Stream in about 1,000 years; carbon emissions are rising again as COVID restrictions are loosened; Joe Biden raises U.S. targets under the Paris Climate Agreement; and another major carmaker announces plans to stop selling all gas burning, internal combustion engine vehicles in their line in very very short order...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Attorney Ernest A. Canning on the critical H.R.1, 'For the People Act'; Also: GOP Rep. dies with COVID; Another GOP Senator to retire; GA SoS opens probe of Trump's attempted election theft...
By Brad Friedman on 2/8/2021 6:40pm PT  

Among the many stories on today's busy BradCast: How Lou Dobbs' once formidable Election Integrity reporting at CNN turned into his own demise 15 years later at Fox "News"; Donald Trump's second Impeachment Trial begins this week with his attorneys making legally and Constitutionally indefensible claims; And Democrats offer a massive, much-needed measure to shore up our faltering system of democracy --- but it needs an important fix. [Audio link to full show is posted below summary.]

First up...following Smartmatic's $2.7 billion defamation lawsuit [PDF] filed against Fox "News" and three of its anchors --- Lou Dobbs, Maria Bartiromo and Jeanine Pirro --- last Thursday, the rightwing propaganda network suddenly and unceremoniously cancelled Dobbs' show the very next day.

Ironically, when Dobbs' was at CNN more than a decade ago, his show was largely the only mainstream broadcast media outlet to offer real, investigative coverage of serious concerns about computerized voting and tabulation systems, and the private corporations who had taken over so much of our public elections. His show delved into legit concerns about Smartmatic's relationship to Venezuela, among other things, resulting in a Treasury Dept. investigation at the time. It ultimately helped lead to the sale of a company named Sequoia, which Smartmatic once owned.

Some of the material his CNN show intelligently covered in the mid-aughts informed some of my own exclusive investigative reporting at The BRAD BLOG from 2008 to 2010 detailing, among other things, Dominion Voting Systems purchase of Sequoia some years later. That deep-dive reporting from 2010, ten years on, was subsequently re-imagined and bastardized by Team Trump to become the basis for their irresponsible, inaccurate and evidence-free claims regarding Dominion and Smartmatic and Venezuela (and the late Hugo Chavez) having stolen the election from Trump. In turn, those false claims have now resulted in Dobbs' own demise at Fox, even though he's the one guy at the Republican misinformation outlet who should have known better. Perhaps he did, but as a dyed-in-the-wool Trump sycophant, he didn't care. We cover the irony (and stupidity).

Speaking of stupidity, Donald Trump's Impeachment Trial defense attorneys filed their final pre-trial brief [PDF] on Monday, falsely claiming, once again, that the Trial itself is in violation of the Constitution (which it isn't, even according to well known conservative Republican Constitutional law experts) and that the former President was merely exercising his First Amendment free speech when instructing his MAGA Mob supporters to "fight like hell" the day they took him up on it and attacked the U.S. Capitol, resulting in five deaths. We discuss how the Trump argument fails in advance of his second Impeachment Trial beginning on Tuesday, and the Democratic House Managers response [PDF] to it.

In not-unrelated news, Reuters is reporting that the Georgia Secretary of State's office has opened an official investigation into Trump's attempts to steal the election in the Peach State.

Then, in the wake of Trump's failed attempt to steal the Presidential election with unfounded claims of mass voter fraud, Republicans in state legislatures across the country are attempting to institute hundreds of new restrictions on voters and voting. But Democrats at the federal level have an antidote to that predictable new wave of attempted suppression by GOPers.

We're joined today by BRAD BLOG legal analyst, attorney ERNEST A. CANNING to discuss his recent, deep-dive analysis of the Democrats' H.R.1. bill, known as the "For the People Act". The massive, 800-page bill, provides a lot of long-overdue reforms for voting and fair elections; ending dominance of big money and dark money in politics; and re-enforcing disclosure and ethics reform for members of Congress. On the voting front, it improves access to the voting booth by creating automatic voter registration across the country; restores voting rights for former felons; expands early voting; simplifies voting by mail; restores the Voting Rights Act gutted by the US Supreme Court in 2013; blocks mass voter roll purges like those seen in recent years in Ohio, Georgia and elsewhere; bars partisan gerrymandering by instituting independent Redistricting Commissions to draw Congressional District maps, instead of the partisan gerrymandered State Legislatures who currently draw them; and includes a call to enfranchise some 700,000 currently unrepresented residents who live in our nation's Capitol by making Washington D.C. the 51st state.

The critical measure also mandates --- sort of --- something that we have called for for a very long time: The option for all voters to vote on verifiable hand-marked paper ballots. Unfortunately, as Canning explains, this one point where the current text of the bill fails. While it mandates that voters must have the option to vote on a hand-marked paper ballot, it does not require that option be made available to voters at the polling place! That means that Election Officials can easily follow the letter of the bill's mandate by saying: "Sure! We offer the option for voters to use a hand-marked paper ballot, instead of 100% unverifiable touchscreens. Voters who wish to do that can simply vote by mail if that's what they prefer!"

That is decidedly not good enough, as we discuss, leaving a gaping loophole to help assure we have unverifiable elections in this country for decades. But is it that a serious enough flaw for Election Integrity advocates to oppose the entire measure, in lieu of amended language to that portion of the bill? And, either way, is it even possible for a bill like this to ever be adopted in a 50/50 U.S. Senate without ending the anti-democratic legislative filibuster once and for all?

Finally, on a sad note, another Republican Congressman, Ron Wright of Texas, has died "from health complications following his COVID-19 diagnosis two weeks ago. The passing of the second-term Congressman follows the death of Rep.-elect Luke Letlow of Louisiana, who died from COVID just days before the start of the new Congress. And another long-time Republican member of the U.S. Senate, 86-year old Richard Shelby of Alabama, has announced his intention to retire when his term ends in 2022. He is the fourth incumbent Republican in the upper chamber to bow out rather than run for re-election in the next mid-terms...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Daniel Nichanian of 'The Appeal'; Also: COVID-19 surge shatters U.S. records, explodes at White House, RNC, and for Georgia's Sec. of State; Rove says 'Election won't be overturned'...
By Brad Friedman on 11/12/2020 7:51pm PT  

On today's BradCast, a brief if welcome respite (mostly) from the embarrassment of Donald Trump's pathetic, ongoing denial about his election loss, for a look at some under-reported news from last week's election, and the worsening crisis that Trump really needs to eventually face Crimes Against Humanity charges for. [Audio link to show is posted below.]

The COVID-19 crisis continues its stunning surge in the U.S., with new daily case numbers now clocking in at 150,000 after reaching 100,000 for the first time only last week. Hospitalizations are also now shattering all time records, with some 65,000 admitted across the country. It's all getting much much worse, including (perhaps, especially) at the White House, following Trump's maskless super-spreader Election Night "Victory" Party last week. One senior official after another is now testing positive there, along with RNC officials who have reportedly been spending time spreading the virus while shuttling between the White House and various states in which the Trump Campaign is pathetically contesting election results. Sadly, the oldest member of Congress, 87-year old, 24-term GOP Congressman Don Young of Alaska also announced he tested positive on Thursday.

But perhaps of even more note to BradCast listeners, the wife of Georgia's hapless wingnut Sec. of State Brad Raffensperger says she is positive. That means the Secretary himself will now be forced to quarantine as his state is set to kick off the unprecedented --- and likely disastrous --- mess that Raffensperger described yesterday as "an audit, a recount, and recanvass all at once" in the statewide Presidential contest. Joe Biden appears likely to have defeated Donald Trump in the state by more than 14,000 votes.

We explained in great detail on yesterday's BradCast why Raffensperger's newly-announced statewide hand-count is likely to be a mess (and end up increasing Biden's margin if it's legitimately carried out). But now, with Raffensperger in quarantine, it will be even more of a mess --- or it could run much more smoothly now that he won't be there to screw everything up!

Either way, we're happy to associate with Karl Rove, of all people, today. He opined in the Rupert Murdoch-owned Wall Street Journal last night that "This election won't be overturned," arguing persuasively that Trump's "efforts are unlikely to move a single state from Mr. Biden's column, and certainly they're not enough to change the final outcome." If even Rove is unwilling to play along with Trump's hapless scheme to steal the White House for a second term, then you can probably rest easy that none off this is ultimately going to amount to anything more than anxiety, bluster and noise from our cry baby President.

But, in a welcome break today from our deranged, wannabe tyrant and outgoing President-in-denial, we catch up on just a few of the noteworthy contests and issues from last week's ballot concerning criminal justice reform and voting rights. Despite disappointing losses for Democrats in the U.S. House and Senate, there was quite a bit of very encouraging news for progressives in down-ballot races for District Attorney and County Sheriffs, as well as measures that take on mass incarceration and over-policing. We also saw voters approve the legalization of recreational marijuana in every state where it appeared on the ballot (including, yes, so-called "deep red" states), along with other very progressive decriminalization measures to begin winding down our long, failed War on Drugs.

We're joined today to discuss all of this and more by DANIEL NICHANIAN, popularly known as simply @Taniel on the Twitters. He is the Editor of The Appeal: Political Report and a Senior Fellow at the Justice Collaborative, where he reports on the local politics of criminal justice reform, mass incarceration and voting rights, among other important matters.

"When you look at the county level, at the state level, there are a lot of opportunities for progressives to push the conversation forward, to push policies in a more progressive direction, specifically on criminal justice," he tells me. "If you do care about mass incarceration or about law enforcement, about racial injustices that accompany all that, then the local level, the county level is really where you should be looking. Because prosecutors, sheriffs and officials that are elected locally are going to be some of the most important actors that are going to be deciding what practices and policies are going to be implemented. And that's where we saw some big flips this year."

Finally, we close today with Desi Doyen and our latest Green News Report, as Biden begins to rebuild U.S. climate policy both at home and with very welcoming world leaders abroad; the Fed warns about instability in the economy due to climate change; the renewable energy industry defies the COVID crisis; and the Trump Administration races to destroy as much of the environment and our federal science structure as possible before Trump is dragged kicking and screaming from the White House...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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On potential disruption, Constitutional crisis after 2020 election; And the long-overdue end of a racist voter suppression law in NC...
By Desi Doyen on 9/18/2020 4:22pm PT  

We're off today, but we've got a BradCast 'RECOUNTED' for your listening pleasure, with two excellent recent interviews you may have missed --- or just need to hear again. [Audio link to show is posted below.]

  • First up is Brad's 8/17/2020 interview with historian NILS GILMAN, Vice President of Programs at the Berggruen Institute and co-founder of the bipartisan Transition Integrity Project (TIP), on their disturbing report [PDF] warning of a potential constitutional crisis over the November 3, 2020 election. Gilman explains the conclusions reached during a series of bipartisan tabletop 'war games' --- conducted by a more than 100 current and former senior government officials, campaign leaders and experts from media to the military --- and their final report warning that the Trump Administration may seek to manipulate, ignore, undermine or disrupt the 2020 Presidential election and the crucial transition process between Election Day on November 3rd and Inauguration Day, January 20, 2021.
  • Then, Brad's conversation on 9/9/2020 with ace legal reporter MARK JOSEPH STERN of Slate, on bona fide, long-overdue (about 150 years overdue!) good news for voting rights in North Carolina, where state court judges recently struck down an 1877 law meant to "secure white supremacy" by forcing former felons to pay all court-ordered fines and fees before regaining the right to vote. They discuss the long, racist history of the statute and the new law adopted last year by Florida which is virtually identical to the one finally struck down in NC!

We'll be back LIVE soon!

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Courtney Hostetler, Senior Counsel at Free Speech for People...
By Brad Friedman on 9/11/2020 7:16pm PT  

On today's BradCast, it was not a good day for those who believe in free, fair, honest, overseeable and safe democracy. On the other hand, it was a great day for Republicans! [Audio link to full show is posted below.]

We've got a boatload of court rulings from almost half a dozen states to try and make sense of today. A few of them are good. Most of them are not. But we've got some expert help in making sense of several of them, and she tells us the fight is nowhere near over.

We begin today with the breaking news out of Florida, where the U.S. 11th Circuit Court of Appeals has overturned a lower court ruling that had found the state's new "pay-to-vote" law constitutional. Apparently, the five new federal jurists that Donald Trump has added to the court all agreed, in a 6-4 ruling, that poll taxes are just fine by them. They approved the law enacted by the state's GOP legislature and Republican Gov. Ron DeSantis last year that undermines Amendment 4 of the state constitution. That Amendment was adopted in a bipartisan, 65-35 percent landslide in 2018 to restore voting rights to as many as 1.5 million former felons in the state, including about one quarter of the state's voting age black men.

The law specifically passed to undermine Amendment 4 requires all court-imposed fines and fees to be payed before a former felon may register to vote. So, if you have enough money, you can vote. If you don't, too bad. Also, good luck to former felons even figuring out if they owe any money at all. Florida doesn't keep track. That means many newly eligible voters won't bother to register, rather than risk being sent back to jail for violating this new law. It was passed along partisan lines last year by Florida and is virtually identical to the 150-year old statute struck down just last week by a North Carolina state court. As revealed during the course of the NC suit, the law, according to its legislative champion following post-Civil War Reconstruction, was specifically adopted to "secure White Supremacy" by preventing "the honest vote of a white man" from being "off-set by the vote of some negro." Slate's legal reporter Mark Joseph Stern derides today's Florida ruling as "one of the most dishonest, misleading, and despicable voting rights opinions I have ever read" and "an affront of the very notion that Americans have a right to vote". The ACLU Voting Rights Project's attorney Julie Ebenstein argues "the gravity of this decision cannot be overstated," describing it as "counter to the foundational principle that Americans do not have to pay to vote" and "an affront to the spirit of democracy".

In another afront to democracy, Wisconsin's rightwing state Supreme Court on Thursday ordered the state's 1850 separate municipalities to immediately stop sending out absentee ballots to the, so far, about 1 million voters who have requested them. The court's 4 to 3 partisan ruling is meant to allow it's rightwing majority time to decide if the Green Party's Presidential ticket should be added to the ballot, despite the state Election Commission, in a deadlocked 3 to 3 vote, determining that the party's Presidential nominee Howie Hawkins and Vice Presidential Nominee Angela Walker did not receive enough signatures to qualify.

At issue is hundreds of petitions that listed the Milwaukee native Walker's address as a motel in South Carolina. Why the Party used two different addresses for Walker is unclear, but the result was the WI State Election Commission --- which the GOP state legislature recently created to replace the previous non-partisan commission with a partisan one built to create such deadlocks --- followed state law. That prevented the Greens from making the ballot. After a two week delay and 378,000 absentee ballots already mailed out, the Green Party decided to sue, even though election officials from across the state say their will be no time to design, print up, test and mail out out new ballots before both state and federal statutory deadlines require them to do so next week. They also have no idea how to avoid people voting twice with two separate ballots they may receive for the same election. So, chaos reigns yet again in the election in the key battleground state where Donald Trump is said to have won in 2016 by less than one single percentage point, when the Green candidate that year received more votes than Trump's margin over Hillary Clinton.

The voting news out of Texas this week is only slightly better. First, the good news: A federal judge there has ordered state election officials to notify voters within one day after a "perceived signature mismatch" is determined on absentee ballots, and to allow voters a "meaningful opportunity" to correct the issue. Previously, after officials, who are not handwriting experts, decided a signature was not a match to the voter's registration application (often years old), the ballot was simply rejected without notifying voters until 10 days after the election. In other good voting news from the Lone Star state, a state judge has determined that the Clerk in Harris County (Houston) is, in fact, allowed to send out absentee ballot applications to all registered voters in the nation's 4th largest city. The state's Republican Attorney General had sued to block the effort. I suspect he'll appeal, but we'll see.

But the war on voting in the Lone Star State doesn't stop with those two victories for democracy, unfortunately. The Mayor of Houston wants to know why more than a dozen local U.S. Post Offices have refused to allow volunteers from the non-partisan League of Women Voters to make multilingual voter registration materials available at those facilities.

And our guest today, COURTNEY HOSTETLER, Senior Counsel at the non-partisan Free Speech For People, joins us to explain the disappointing decision from a federal judge this week in response to a recent lawsuit filed by FSFP on behalf of Mi Familia Vota and the Texas NAACP seeking to address what the groups describe as "unsafe and unequal voting conditions" in the state during the COVID-19 pandemic.

The suit seeks a Preliminary Injunction in challenging the state's "insufficient number of polling places"; "its limited and inaccessible early voting locations"; a lack of social distancing requirements; Gov. Greg Abbot's statewide mask mandate which allows an exception for voters and pollworkers; and the dangerous "reliance on repeat-touch voting machines" amid the deadly pandemic, among other concerns. All of which, the complaint argues, "will result in unsafe voting conditions and increased risk of coronavirus transmission, which in turn will result in voter suppression." Moreover, as Hostetler explains today, "the health risks and adverse impact of these policies will place an undue burden on the right to vote and be borne disproportionately by voters of color, in violation of the U.S. Constitution's Fourteenth Amendment guarantees of due process and equal protection under the law, and the U.S. Constitution's First Amendment."

Texas has some of the most restrictive absentee voting requirements in the nation, so the dangers at polling places --- in this case, unequal ones --- are no small matter. "The real crux of the Constitutional issues at stake here," Hostetler tells me, "is that people won't show up to vote because they can't risk getting COVID-19 and dying. They can't risk not being able to work for 3 weeks if they get it...This is what's at stake, and the burden is not shared equally in Texas. It's both unconstitutional and it violates the Voting Rights Act." She says the federal judge, rather than deciding the case on its merits, determined that the matter is a political one, rather than an issue to be decided by the courts. While the case is still live, the judge has denied the group's motion for a Preliminary Injunction, which likely pushes the matter back until after the election. But the groups today decided that they will file an appeal.

In Pennsylvania this week, a state court judge also ruled against a Motion for Preliminary Injunction in a similar suit filed by FSFP and the Pennsylvania NAACP "to establish safe and equal voting procedures for the upcoming general election." There too, the groups plan to appeal.

And in North Carolina, where FSFP filed a suit last April to block the use of new "insecure, unreliable, unverifiable, and unsafe" touchscreen voting machines with the NC NAACP, the groups late last week filed an appeal to the state Supreme Court after a lower court denied their original complaint.

The appeal is "alleging imminent risk to voters' right to free elections and equal protection under the laws if they are required to vote on the [ES&S] ExpressVote touch screen ballot marking device this November". The complaint, as we discussed with Hostletler last spring when it was initially filed, "alleges the new [touchscreeen] system is vulnerable to security threats and its results are unverifiable, in violation of the North Carolina Constitution’s guarantees of free and fair elections and equal protection of the law." She says that though this matter will no longer be decided before this year's election, "the case is still live, and we are ready and preparing to litigate this fully and pursue this case through trial, because it does have long term implications for the state of North Carolina, because these machines are utterly unreliable and unverifiable";

So, yeah, a rough week for those who favor voting, voting rights and free, fair and safe democracy. But, as Hostetler argues today: "Every time there's an effort to push back against free and fair elections, there are people who are saying 'No, I'm going to fight you on that." She urges voters to fight like hell to make sure that they cast their ballot this year and vote as safely as they can, while letting her group or others know when and if they run into barriers.

"Know that there are people across the country who are fighting to change these policies," she says. "Nobody is alone in this. There are a lot of people fighting, and we can always use more"...

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Guest: Slate's Mark Joseph Stern on that and DoJ's rescue of Trump in rape defamation case; Also: 'Unprecedented' climate change-fueled infernos in OR, WA, CA...
By Brad Friedman on 9/9/2020 7:02pm PT  

No matter everything else on today's BradCast, we end with some bona fide very good news today for voters in a key battleground state! [Audio link to full show follows below summary.]

Speaking of key battleground states, it was state primary Election Day on Tuesday in New Hampshire and Rhode Island, the penultimate primaries of the season (with only Delaware left to go next Tuesday in Joe Biden's home state.) We cover noteworthy results today from both states, even if there were few surprises.

Next, folks up and down the West Coast have literally been "seeing red" over the past day or two, as wind-sparked, heat-fueled, climate change-intensified infernos continue to burn out of control through millions of acres at a record pace today. Among the results has been blood red sunlight across parts of Northern California and much of the Pacific Northwest, even in areas far from any active blazes.

During a press conference this afternoon, Oregon's Gov. Kate Brown described the outbreak of fires burning in both her state and neighboring Washington as "unprecedented", warning they could result in "the greatest loss of human life and property due to wildfire in our state's history." As we went to air, officials were prioritizing the safety of residents --- many of whom are evacuating, others who had to be airlifted out --- and homes, with hundreds already reportedly destroyed. These apocolyptic stories of millions of acress burned and communities completely wiped out should be front page news everywhere, but aren't. And every story should about them should tie the record-setting, catastrophic disasters to our quickly worsening climate crisis, but they don't. We do.

Then, we're joined by Slate's ace legal reporter, and one of our favorite guests, MARK JOSEPH STERN, for a two-fer today. First up, Stern explains the unprecedented use of the Federal Tort Claims Act, as invoked in a federal court filing on Tuesday night by the U.S. Dept. of Justice, to try and protect Donald Trump from a defamation lawsuit filed against him in New York state court. The case involves columnist E. Jean Carroll who alleges Trump raped her in a department store dressing room in the 1990's. After she described the incident in a recent book, Trump called Carroll a liar, claiming to have never even met her (despite a photograph of them together), and asserted he couldn't have raped her because she was "not my type."

Carroll sued the President for defamation and, after successfully defeating several motions to dismiss by Trump's personal lawyers, was set to both depose Trump in the case and obtain a DNA sample from him that she believes will match a stain on the dress she said she was wearing during the alleged assaulted at NY's Bergdorf Goodman department store in 1995.

On Tuesday, the DoJ intervened with a stunning motion to move the case from state to federal court, and replace Trump's personal defense attorneys with their own. If upheld by the court, that would effectively end the case under the Federal Tort Claims Act, where defamation suits against federal employees are barred. Stern, however, explains what the law is meant to do --- protect federal officials from being held personally liable for lawful acts done in the course of carrying out their jobs --- versus how the DoJ is now attempting to use it to shield Trump from liability for defaming a woman who says she has evidence of a rape more than two decades before he became President. Whether Bill Barr's DoJ attorneys will successfully prove to a federal court that defaming a citizen while responding to reporters questions about a rape twenty-five years ago is truly within the scope of a President's duties remains to be seen. But the filing itself is now likely to push the deposition and DNA test, in any case, beyond the November 3rd election, as Trump was hoping for.

Finally, we get to the bona fide good news today out of North Carolina, where a panel of state court judges late last week finally struck down an 1877 law meant to "secure white supremacy" in the state following the post-Civil War Reconstruction period. The law barred former felons who completed their prison sentences as well as all parole and probation from registering to vote if they still owed court-imposed fines and fees. As Stern reports --- and as revealed during the course of the case --- the law was originally spearheaded by a state lawmaker who presided over the lynching of three Black men and was meant, according to documents [PDF] unearthed by an expert witness historian for the plaintiffs, to prevent "the honest vote of a white man" from being "off-set by the vote of some negro."

The court's ruling means that some 100,000 NC residents are now newly eligible to vote in the 2020 Presidential election in one of the most closely divided states in the nation Another ruling from the same panel, likely to come after a trial, according to Stern, could result in another 70,000 currently disenfranchised former felons becoming eligible to vote as well. Moreover, as the case involves state law and is in state court, it cannot be overturned by the U.S. Supreme Court. Stern --- who recently published "An Extremely Comprehensive Guide to Making Sure Your Vote County, In Every State", also explains that the ruling will almost certainly not be overturned by the 6 to 1 liberal majority on NC's Supreme Court because, as he tells me, "there are a lot of bad ass women of color on North Carolina's state Supreme Court, and I think these individuals are going to say we cannot tolerate a racist law from 150 years ago."

Not coincidentally, as a racist, 150-year old Jim Crow measure is finally being knocked down in NC, the GOP majority in Florida's state legislature just adopted a nearly identical measure just last year to bar former felons from voting if they have not paid off all court-imposed fines and fees. That law was found to amount to an unconstitutional poll tax by a federal judge earlier this year, but his ruling has now been stayed by SCOTUS until after the 2020 Presidential election in that key swingstate. The stay allowing Florida's "pay-to-vote" law is likely to block as many as 1.5 million potential new voters --- including a quarter of the state's male African-American population --- from voting this November in the Sunshine State...

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Guest: Howie Klein of Down With Tyranny; Also: Disgraced Kobach and Watkins lose in KS; Disgraced Arpaio in the running in AZ; GOP Guv restores voting rights to former felons in IA...
By Brad Friedman on 8/5/2020 6:41pm PT  

On today's BradCast: It was a big day for progressives on Tuesday in a number of state primaries held in Missouri, Michigan, Arizona, Washington state and Kansas. [Audio link to show is posted below summary.]

Surprisingly, among the biggest victories for progressives, believe it or not, came in the otherwise "red" state of Missouri, where voters adopted a statewide ballot measure to finally expand Medicaid under the Affordable Care Act (Obamacare) to more than 200,000 residents. The state's GOP-majority legislature had immorally blocked that expansion of health care to the Show-Me state's neediest residents for the past decade. MO now becomes the 6th GOP-controlled state to expand Medicaid via voter referendum.

But that was hardly the only big win for progressives in my old home state on Tuesday, as longtime progressive Ferguson and Black Lives Matter activist Cori Bush defeated 10-term U.S. Congressman William Lacy Clay for the Democratic nomination. Clay, with his father before him, had controlled the state's 1st Congressional District seat since 1969! With her apparent win on Tuesday in a very Democratic district that reaches from the City of St. Louis out through the sprawling St. Louis County, Bush --- a single mother of two children --- is now all but certain to become the first African-American woman sent to the U.S. House from Missouri.

We're joined today by HOWIE KLEIN, founder of the longtime progressive blog "Down with Tyranny!" and co-founder of the BlueAmericaPAC, which raises money to support progressive Democratic candidates for Congress. Klein walks us through both wins and losses for progressives from all five states on Tuesday, and what they are likely to mean going forward, with still more statewide primaries to go in the weeks ahead of our critical general elections on November 3rd.

He explains, among many other things, why Bush, who lost to Clay (who Klein describes as "corrupt") by 20 points in 2018, appears to have been victorious on Tuesday, when the Medicaid expansion measure also won. "The reason that this won was because of a huge turnout in St. Louis County and St. Louis City," he tells me. "One of the reasons why that turnout was so big was because of Cori Bush being on the ballot. Now, you could also say that one of the reasons that she won was because the turnout for expanding Medicaid was so big. Both are true. By her putting up such a vigorous campaign, campaigning on expanding health care, that's where the votes came from."

"That it was her second time running and she had the name recognition," was also a major factor, he says. "I can't emphasize that enough. It's very, very tough --- not impossible --- but very tough to win a primary the first time you go up against an entrenched incumbent. Because Cori was strong, a powerful woman who wasn't going to give up after being defeated by a lot the first time, she already had name recognition. She was able to build on that to win the second time. I think that's the most important aspect of her winning." He adds that he believes she'll become the fifth member of "The Squad" in Congress, along with NY's Rep. Alexandria Ocasio-Cortez, MN's Rep. Ilhan Omar, MA's Rep. Ayanna Pressley and MI's Rep. Rashida Tlaib, who also appears to have easily won her re-nomination on Tuesday. "She's going to get to Congress," says Klein. "She's gonna kick ass."

We also discuss much more today, including what the predictable loss of disgraced former Kansas Secretary of State and GOP "voter fraud" fraudster Kris Kobach in that state's GOP U.S. Senate Primary means to Democrats hopes of retaking the majority in the upper chamber next year and how the Republican and Democratic party's are each changing amid the Trump Era.

Also today, 88-year old disgraced GOP felon and former Maricopa County, AZ Sheriff Joe Arpaio may still be in the running for his old job, even after being convicted of contempt of court and corruptly pardoned by Donald Trump; Indicted GOP Congressman Steve Watkins of Kansas, who was recently charged with three felony counts related to voter fraud (almost the exact same crimes Trump committed himself in Florida), loses his Republican primary in the state; and Iowa's Republican Gov. Kim Reynolds does the right thing for a change in signing an Executive Order to end the permanent loss of voting rights for (most) former felons in the Hawkeye State, after the Republican-controlled state Senate blocked a more permanent state Constitutional measure and as other states seek to further expand the franchise for felons both in and out of prison around the country.

Finally, it was announced today that Joe Biden would not be traveling to Milwaukee to give his party's nomination acceptance speech, due to the COVID crisis, at the their virtual convention, and Trump announced he was considering giving his own acceptance speech (unlawfully?) from the White House...

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SCOTUS blocks 1.4M potential new voters in FL; Tough choice for TX voters diagnosed with COVID; Absentee ballots returned to Dallas voters; MI court blocks counting of tens of thousands of mail-in ballots...
By Brad Friedman on 7/16/2020 6:51pm PT  

I'm calling them Democracy Wars today. But I could just as easy call them Infinity Wars --- as the fight by so many for the right to vote and the fight by others to prevent them from voting at all --- never seems to end. But the name Infinity War may already be otherwise spoken for. [Audio link to full show follows below.]

Among the many stories covered on today's BradCast...

  • A couple in Ohio sends their kids to summer camp, with masks and social distancing in an area of the country with a very low infection rate. Days later, predictably, COVID breaks out at camp, kids and counselors get sick, everyone becomes terrified, overwhelmed and is quarantining. Just a preview of what you will begin to see when/if schools are ordered to prematurely reopen for in-person classes as soon as next month, as Trump and his Republicans are pushing for;
  • In Texas, Republicans recently went all the way to the U.S. Supreme Court to make sure only voters over 65 or those actively infected with COVID can vote by absentee ballot (with a doctor's order). Last Tuesday, the Lone Star state held its primary runoffs, but 68,0000 Texans were diagnosed with the virus after the deadline for registering to vote absentee and before the actual election. How many of them were then forced to endanger everyone else at the polling place or lose their right to vote? One couple's story of the difficult choices they were forced to make after recently contracting the virus after the deadline, and the nightmares they confronted in order to try and safely cast a vote (or not) under the state's absurdly restrictive absentee ballot laws;
  • The U.S. Supreme Court blocks a compromise today by a U.S. District Court judge in Florida that would have allowed as many as 1.4 million former felons to register to vote this year, after the state's Republican Governor and legislature passed a law to undermine the state constitutional amendment, adopted statewide in 2018 by an overwhelming 65 to 35 percent of the vote, to allow exactly what the GOP is now blocking. Hundreds of thousands will not be able to vote in the state's August primary, thanks to the stolen Republican majority at SCOTUS. That voter suppression may continue in the Sunshine State even through November's critical Presidential Election unless the new Republican majority on the 11th U.S. Circuit Court of Appeals works very quickly. But why would they? Expect much more of this between now and November. And it's a good time to familiarize yourself with the absurd, so-called "Purcell Principle", if you haven't already;
  • A three judge panel on a state court in Michigan, by a vote of 2 to 1 this week, has ruled that absentee ballots which arrive after the close of polls may not be counted. That, after voters expanded absentee voting via a statewide Constructional ballot measure in 2018 that allowed for voters to vote by mail during the 40 days prior to an election. If not overturned by the state Supreme Court, the ruling --- which seems wildly wrong on the law --- could result in tens of thousands of votes, cast and postmarked by Election Day, not being counted in November, in a state which Trump is said to have won by just over 10,000 votes in 2016. (That's especially troubling given this week's directive from Donald Trump's new Postmaster General to all USPS postal workers to slow mail delivery down, please!);
  • And then, quickly back to Texas, where absentee voters, prior to Tuesday's Primary Runoff Election Day, were mysteriously receiving their voted and mailed ballots back in the mail, for reasons still unknown;
  • Finally, Desi Doyen joins us for our latest Green News Report, as Joe Biden announces a major progressive proposal to fight climate change and create millions of jobs, while Donald Trump rolls back yet another landmark environmental law.

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Guest: Mark Joseph Stern on new Court opinions on 'faithless electors', Obamacare and the GOP's ongoing (and now deadly) war on voting...
By Brad Friedman on 7/7/2020 6:52pm PT  

We've got a bit of a roller coaster today between good news and terrible news on today's BradCast. But that's life in the times of Trump and the coronavirus, I guess. [Audio link to full show is posted below.]

First up today, the COVID-19 crisis continues to gravely worsen in the U.S., with new record infections and hospitalizations now pretty much every day for the past month. Despite the increasingly desperate concerns expressed by health experts, especially for hotspots where Governors reopened states far too early, some Republicans from the President of the United States on down are calling for measures that will only increase infection rates, hospitalizations and, yes, death.

Florida's Education Commissioner Richard Corcoran on Monday, for example, declared that all public schools must reopen next month to all students for in-person classes five days a week. His emergency order notes that reopening schools is critical to "a return to Florida hitting its full economic stride". That, despite more than 200,000 confirmed cases and new record daily infection rates each day for weeks now in the Sunshine State.

At the same time, in Washington D.C. on Tuesday, Donald Trump held a White House event to demand the reopening of schools and to praise Florida's Governor Ron DeSantis for a "terrific job" in ordering them to open. Trump claimed that schools have been closed elsewhere for "political reasons" and added that "we are very much going to put pressure on Governors and everybody else to open the schools." This is now a death march being led by the President of the United States.

But if Republican politicians are fine sending children and their teachers and their families to their potential deaths, how do you think federal judges appointed by Trump or sympathetic to his political cause are going to react to measures being taken to try and make voting safer for Americans on November 3rd? We're joined again today by Slate's ace legal reporter MARK JOSEPH STERN to discuss Monday's opinions released by the U.S. Supreme Court, as well as a disturbing pattern of rulings at both SCOTUS and on the appellate level over the past two weeks that bodes darkly for this year's crucial Presidential election.

First, Monday's new opinions: The Court decided unanimously that states may prevent so-called "faithless electors" from casting their vote in the Electoral College for someone other than the Presidential candidate chosen by the state's popular vote. The issue stemmed from two combined cases of "faithless electors" in 2016, one of which was brought by plaintiff Michael Baca against Colorado. Baca appeared on The BradCast in December of 2016 to explain the reasons for his planned "faithless" vote in the Electoral College that year, before he was later prevented by the state from casting it.

While that opinion, written by Justice Elana Kagan received most of the media attention on Monday, another opinion handed down by the Court that day is likely of far greater import. The Court's 6 to 3 decision, with Justice Brett Kavanaugh writing for the majority in a case concerning robocalls made to cell phones, actually reveals some very encouraging news regarding a challenge to the Affordable Care Act (ACA or Obamacare) that will be heard next session by the Court. Kavanaugh's opinion, striking down one element of a robocall law as unconstitutional while upholding the rest of the law, suggests the challenge to Obamacare by GOP-controlled states and the White House --- seeking to strike down the entire health care law as unconstitutional based on the constitutionality of one single, now meaningless, provision --- is likely to fail.

As Kavanaugh crucially noted in his opinion, in words that will be remembered next year during the ACA case: "Constitutional litigation is not a game of gotcha against Congress, where litigants can ride a discrete constitutional flaw in a statute to take down the whole, otherwise constitutional statute."

"It's important to note that seven justices agreed with [Kavanaugh] on that particular point," Stern tells me. "Only Thomas and Gorsuch disagreed."

And with that seemingly very good news out of the way, we turn to a flurry of recent decisions by both SCOTUS and a number of federal appeals courts that are extremely concerning and revealing as to how right-wing controlled federal courts will be dealing with voter suppression cases and measures intended to make voting easier during the pandemic this November. Recent court rulings in cases out of Florida, Wisconsin, Alabama and Texas, as Stern explains, are very troubling indeed and suggest we could be in for no small amount of chaos, disenfranchisement and, yes, deadly disease, in this year's critical general elections.

There are more opinions to come from the Court before they are finished for the summer. Quips Stern darkly today: "We've got a handful left, and we will see if the Supreme Court breaks our democracy before the end of the term."

Finally, we close with Desi Doyen and our latest Green News Report, with a bit more news out of SCOTUS and lower federal courts, including some surprisingly very good news on several controversial oil and gas pipelines!...

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Appeals court previously found state's new poll tax unconstitutional
UPDATE, 7/1/20: Appellate Court expedites DeSantis appeal; sets oral arguments for Aug. 10; grants en banc review and stays the injunction...
By Ernest A. Canning on 6/5/2020 10:35am PT  

Last week, Florida's Republican Governor, Ron DeSantis, announced that he would legally challenge a federal court decision that would, with the exception of those convicted for murder or sexual offenses, permit most former felons in the state to register to vote prior to the November 3rd Presidential Election. "It will go to the 11th Circuit," DeSantis said, adding in Trump-like language: "We will see what happens."

The good news is that, at least with respect to the U.S. 11th Circuit Court of Appeal, the chances that DeSantis will prevail can be rated at somewhere between slim and none. The bad news is that, even with the benefit of U.S. District Court Judge Robert L. Hinkle's erudite 125-page decision in Jones v. DeSantis, the voting rights organization plaintiffs (League of Women Voters and the NAACP) may find it extraordinarily difficult to register those otherwise eligible former felons in time to cast a vote in the upcoming General Election due to the adverse impact of COVID-19.

But, as to the good news for the moment, a statute that may appear constitutional on its face can then be rendered unconstitutional by the manner in which it has been applied by a state agency. The background and the history of this case, as well as Judge Hinkle's "as applied" reasoning, help to explain why his decision will likely be upheld by the 11th Circuit...

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




Guest: FairVote's David Daley; Also: Trump pretends to be 'furious' at Twitter. He isn't. But he is hoping to distract you (and the media)...
By Brad Friedman on 5/27/2020 6:27pm PT  

Desi Doyen is on the money at the end of today's BradCast when she cites a Twitter user who recently asserted: "The GOP has become a virus: it now exists solely to replicate itself." If you've yet to notice, the 160 days between now and the critical 2020 Presidential election will be about little more for Republicans than a desperate attempt to suppress certain voters; to game the results of those who do manage to vote; and, of course, to do anything possible to distract from the fact that more than 100,000 Americans have now tragically died on Trump's watch over just the past 3 months, tanking the economy in the bargain, thanks to his disastrously failed response to the coronavirus. We discuss all of those things on today's program. [Audio link to the full show is posted below.]

First, Trump today is pretending to be furious about the fact that Twitter placed a very polite "Get the facts about mail-ballots" link under two of his misleading tweets on Tuesday about absentee voting fraud. He is feigning outrage, claiming the company is biased against Republicans and that he has the power to shut them down. The RNC and Trump's campaign, of course, are all playing along with the phony fury, because they love playing both victim and strongman at the same time, and because it all helps distract the media from his ongoing unspeakable failures as President.

In fact, not only did Twitter do him a favor by placing those links on his tweets, helping to bring attention to his disinformation (which can also been seen as instructions for his followers on how to defraud the November election), but the company didn't even bother to label his most offensive recent tweets, such as the ones in which he accused MSNBC's Joe Scarborough of murdering a staffer who tragically died in the then-Florida Republican Congressman's office in 2001.

At the same time, Facebook is allowing the Trump Campaign to run hundreds of paid, false political ads making the same misleading claims, as that social media company simply allows false paid-for propaganda ads from politicians, even if they are meant only to disinform, distract and undermine the 2020 election itself.

It should also be noted anytime any media outlet reports on Trump's false claims about absentee voter fraud, that he is a voter fraud criminal himself, after voting by absentee in Florida where he has no legal permanent residence, in violation of state law.

As to voter suppression and Florida, we reported yesterday on the excellent ruling by a federal judge who gutted the GOP state legislature's new poll tax law over the weekend. The measure was enacted to undermine a Constitutional Amendment adopted by state voters in a 2018 mid-term landslide. Despite the enormous bipartisan voter support for Amendment 4, which could allow some 1.5 million former felons to vote in the Sunshine State for the first time, Gov. Ron DeSantis (who barely won his election that same year) has now announced plans to appeal the court's ruling that gutted the poll tax passed by Republicans in hopes of countering Amendment 4.

Florida, however, is hardly the only state in the union with GOP-controlled legislatures attempting to undermine recent bipartisan ballot box landslides. In Missouri, on the heels of the adoption of a landmark state Constitutional Amendment in 2018 meant to end extreme partisan gerrymandering in the Show-Me State, the gerrymandered GOP state legislature is rolling out what our guest today describes as REDMAP 2.0.

We're joined by FairVote senior fellow DAVID DALEY who, literally, wrote the book on the GOP's successful plan to take control of state legislatures in 2010 to implement crippling partisan gerrymanders during redistricting after that year's decennial Census. Now, as Daley detailed in a recent New York Times op-ed, MO Republicans are rolling out an even more invidious scheme to undermine the voters' intent with another Constitutional amendment on this November's ballot.

He describes the plot --- which includes an unprecedented plan to count only voting age citizens during redistricting --- as a "dress rehearsal" for GOP-controlled states in the rest of the country. The plan, which would "dramatically" shift voting power from Democratic-leaning urban areas to white, Republican-leaning rural areas, is being adopted for nationwide roll-out by the rightwing American Legislative Exchange Council (ALEC), he reports.

"It changes the definition of representation and it overwhelmingly tilts this in the direction of conservatives and Republicans," he tells me. "Total population has been the guiding standard that everybody has used for a long time. If you were to change this to say that the baseline that we're going to count is not everybody, but only citizens who are over the age of 18, then what you are doing is eliminating huge numbers of people. You are curating and manicuring an electorate that is older, more rural, more conservative, and of course, whiter."

As Dems are finally trying to win the last battle by rolling back what happened in 2010 a decade later, Daley argues they need to get ready --- immediately --- to figure out how to counter the GOP's newest ugly war on this front.

"I don't think Democrats are paying enough attention to this," he says. "This is a Presidential election year. Democrats are thinking about the White House, about the Senate, about holding on to the House. But there's so much more at risk in this election. This is the last election before these maps are going to be drawn for another decade. ... The Republicans are going to have a 2020 'REDMAP 2.0' plan, and if Democrats are not equally focused on playing offense and defense, they are going to get check-mated."

We also discuss Daley's newly published book, UNRIGGED: How Americans Are Battling Back to Save Democracy', documenting recent, critical (and successful!) citizen-led efforts to restore democracy across the nation...

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Also: Ernest A. Canning on GOP's CA Vote-by-Mail ballot lawsuit; Federal judge guts FL Republicans' newest voter suppression law...
By Brad Friedman on 5/26/2020 6:47pm PT  

On today's BradCast: As the U.S. crossed the 100,000 coronavirus death Rubicon over Memorial Day weekend, the President of the United States played golf. Twice. And called a potential Democratic Vice Presidential nominee fat. And a former Secretary of State and Democratic Presidential nominee a "skank". He also suggested a popular TV host murdered someone. And he lied again (and again) about absentee voting fraud (even though he committed it himself.) The Presidential election is 161 days away. [Audio link to full show is posted below.]

Before we get there, however, former CDC Director Tom Frieden said this weekend, "It's 100,000, but it looks like we're still at the beginning of this pandemic." He is not alone. According to the Imperial College London, the U.S. could see another 200,000 dead on top of those who have died already from COVID-19, thanks to the President's desperately premature push to reopen the nation's economy. That, while Trump is ignoring the first 100,000 dead, even though, as the New York Times observes:

"More Americans have died of the coronavirus in the last 12 weeks than died in the Vietnam and Korean Wars combined and nearly twice as many as died of battle wounds during World War I. The death toll has nearly matched the number of people killed by the initial blasts of the world’s first atomic bombs dropped on Hiroshima and Nagasaki. In terms of American deaths, it is the equivalent of 22 Iraq wars, 33 Sept. 11 attacks, 41 Afghanistan wars, 42 Pearl Harbors or 25,000 Benghazis."

At the same time, despite the Republicans' attempt to pretend the viral pandemic away, without very quick action by the Republicans who control the U.S. Senate to prevent massive layoffs at the state and local level, we could be looking squarely at a second Great Depression before year's end, The American Prospect's David Dayen reports today with very good evidence in support.

Other than all of that, we hope you had a delightful holiday weekend!

Speaking of that Presidential election (did we mention it's just 161 days away? --- but who's counting?), we have some very good news from Florida today to counter the grim news with which we felt it necessary to open today's program. A federal judge has nixed the voter suppression law enacted by Republican Gov. Ron DeSantis and the state's GOP-controlled legislature. The law was adopted to gut the state Constitutional Amendment passed by 65% of FL voters in 2018 to allow most former felons to register to vote after having completed "all terms of their sentence including probation and parole."

Amendment 4 ended the state's shameful lifetime ban on voting rights for former felons. U.S. District Judge Robert Hinkle, following an eight-day trial earlier in Spring, declared the GOP's new Jim Crow law --- enacted to upend Amendment 4 --- to be an unconstitutional poll tax, as the law mandated the payment of all fines and fees before former felons would be allowed to register to vote, whether they could afford the payments or not. Moreover, the state keeps no database of such fines and fees, so many former felons had no idea if they owed money or not. Because of that, many declined to register to vote for fear of being charged with perjury when attesting that they had they had "completed all terms" of their sentence on the voter registration application.

Despite that very good news, we suspect the roller coaster battle by the Florida GOP to prevent as many as 1.5 million new voters in the crucial battleground state --- including about a quarter of the its African-American male voting age population --- from getting their voting rights back will continue.

Of course, the GOP War on Democracy is happening all over the country right now. We close today's show with a new front opened in that war over the weekend by the Republican National Committee and former GOP Congressman-turned-candidate-again Darrell Issa. They filed a federal lawsuit alleging that California Gov. Gavin Newsom's May 8 order to send absentee ballots to all registered voters in the state for the November election is in violation of the U.S. Constitution.

Yes, it even sounds absurd on its face, but longtime BRAD BLOG legal analyst ERNEST A. CANNING joins us today to explain exactly why the complaint is even more ridiculous than it sounds and the two big reasons why he believes it is likely to be "dismissed at the district court level". Whether that dismissal will be upheld by the GOP's stolen majority on the U.S. Supreme Court, should Republicans push it that far (and why wouldn't they?), is a separate question. Tune in for Canning's thoughts on that and much more...

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Guest: Slate's Mark Joseph Stern; Also: Coronavirus tanking markets, wingnuts lie about it; Buttigieg 'wins' Iowa!...
By Brad Friedman on 2/28/2020 6:34pm PT  

On today's BradCast, the coronavirus continues to wreak havoc on world markets, we finally have a definitive "winner" of the Iowa Caucuses, and a raft of good news voting rights court rulings in several key battleground states! [Audio link to show follows below.]

We start with some "breaking news" today: Pete Buttigieg has won the Iowa Caucuses! Barely. And only as long as you consider the winner of the most delegates to be the "winner". Following both partial recanvassing and recounts requested by both the Bernie Sanders and Pete Buttigieg campaigns in a number of precincts on the heels of the flawed reporting of Iowa Caucus results three weeks ago, the Iowa Democratic Party has finally concluded that Buttigieg won a literal fraction more of the State Delegate Equivalents (SDEs). Buttigieg took 562.954 to Sanders' 562.021.

While both candidates actually lost a small number of SDEs during the partial recounts, Buttigieg's margin of victory (0.003%) was increased to "a commanding 0.04% win" after the recounts. That translates into 14 national delegates for the former South Bend, Indiana Mayor to Sanders' 12 out of the Hawkeye State, where the Vermont Senator nonetheless won the never-really-in-question overall popular vote by several thousand more votes in both the initial and realignment rounds of voting at the state's February 3rd caucuses.

With that finally out of the way, we offer a quick update on the havoc the coronavirus --- and the Trump Administration's bungled response to it --- is causing for world markets, with the Dow plummeting for a 7th straight day on Friday, resulting in a 3,500 point drop over the past week. It was the worst week for Wall Street since the 2008 global financial crisis and the fastest loss of four months of gains for the S&P 500 since 1928. That, as the deadly virus continues to spread and fears mount that it will result in a global recession and full blown pandemic.

In the U.S. however, rightwingers like Rush Limbaugh are using our public airwaves to "inform" Americans that the virus "is the common cold" in one breath, and seemingly contradicting that by falsely describing it as "a ChiCom laboratory experiment...being weaponized" in the next. But, despite the fact that it could result in hundreds of thousands of deaths in the U.S. (the virus is currently 20 times more fatal than the flu, which killed approximately 34,000 Americans last season), Limbaugh is using our public airwaves to propagandize listeners that Bernie Sanders and the "Democrat Party...pose a much greater threat to this country than the coronavirus does."

So, yes, we continue to keep our eyes on the most important election in the nation's history in hopes of curbing at least some of this madness. To that end, as South Carolina prepares to vote on new, !00% unverifiable, germy touchscreen voting systems across the state in their Democratic primary on Saturday, and voters in many of the 14 state primaries ending on Super Tuesday three days later do the same, we focus on a number of recent encouraging court rulings that will help protect their right to cast a vote at all.

For that, we are blessed on today's BradCast with the long-overdue return of the great Slate legal reporter MARK JOSEPH STERN! And we've got a lot to catch up with him on, from just over the past few weeks, when it comes to both state and federal courts stepping in to do the right thing in protecting voter's rights --- at least for now.

  • Recently, both a federal district court and a state Court of Appeals in North Carolina blocked the Tar Heel State GOP's new Photo ID voting restriction, finding it (once again) was designed to disproportionately target minorities for suppression.
  • In Florida, a federal Court of Appeals has blocked the Republican state legislature and Governor's attempt to gut 2018's landmark state constitutional Amendment 4, granting the right to vote to former felons who have completed their sentences.
  • In Missouri, the state's Supreme Court not only blocked a "Catch-22" Photo ID voting restriction that required those without very specific types of Photo IDs to actually commit a felony by lying on an affidavit form in order to legally cast a vote, the Court also carved out a right to vote for many trans and non-binary voters who, in MO, thanks to more bad laws, are literally barred from obtaining the requisite ID that would be needed for them to vote legally under the statute that the court has now struck down. (That, after more than a decade of GOP attempts in the Show-Me State to try and institute Photo ID voting restrictions, no matter who it would prevent from casting a legal vote.)
  • In Arizona, with its own long history of racial discrimination, a federal Court of Appeals struck down two measures adopted by state Republicans, finding both of them to have been racially motivated attempts to suppress nonwhite voters. One had mandated that provisional ballots be discarded if they were cast in a different precinct from where the voters was supposed to be voting, the other outlawed the third-party collection of absentee ballots (which Fox "News" and, therefore, all Republicans falsely denigrated as "ballot harvesting" by "illegal immigrants".)

Many of these very good news court rulings, however, could still be reversed during additional appeals, thanks to the Republican court-packing in recent years, particularly if the stolen Republican majority on the U.S. Supreme Court decides to pick and choose which decisions they will and won't apply their so-called "Purcell Principle" to, with elections imminent in all of those states.

And, we also discuss a Trump judge's recent move to prevent voters from being able to sue for their rights at all under the Voting Rights Act. So, yes, MUCH to catch up on today with Stern, who explains all of these cases and where they go from here, in his usual, clear, informative and even amusing way!

Finally, a quick program announcement after a listener comment on voter registration concerns: We will be LIVE and taking your calls both Monday and Tuesday next week, opening up the phone lines to hear from voters and early voters about any problems they may have encountered, and to answer any questions listeners may have about voting and voting systems before the Super Tuesday election polls close next week! If you don't get The BradCast LIVE where you are, please remember to tune in to the live stream at KPFK.org on Monday and Tuesday next week at 3pm PT/6p ET and give us a shout!...

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Guest: Election and criminal justice expert Daniel Nichanian; Also: House schedules new impeachment hearing as Trump appeals federal ruling finding 'Presidents are not kings'...
By Brad Friedman on 11/26/2019 6:44pm PT  

At the BRAD BLOG and on today's BradCast, we'll even fight for Donald Trump's right to vote --- even from prison, should he find himself there at any time in the near-ish future. [Audio link to show follows below.]

But, first up today, a bit of impeachment-related news, even as Congress is on recess for the Thanksgiving holiday. The House Judiciary Committee (as opposed to the House Intelligence Committee) has announced a new impeachment hearing for next Wednesday. Judiciary Chair Jerrold Nadler sent a letter to the President on Tuesday, inviting him and his counsel to attend and potentially question witnesses in the hearing titled Titled "The Impeachment Inquiry into President Donald J. Trump: Constitutional Grounds for Presidential Impeachment." Along with his invitation, Nadler also offered a warning about the White House's continued refusal to make witnesses and documents available to the Constitutional proceedings in the U.S. House.

In related news, Trump's Dept. of Justice on Tuesday filed for a stay to a blistering federal court ruling ordering that former White House Counsel Don McGahn appear for scheduled testimony in response to a lawful Congressional subpoena regarding the House's examination of the Robert Mueller investigation. McGahn played a key role in the probe, helping to detail Trump's multiple attempts to obstruct the Special Counsel's investigation of Russian interference in the 2016 election and Team Trump's cooperation with the effort.

The DoJ is now seeking a pause pending an appeal to U.S. District Judge Ketanji Jackson Brown's scathing 121-page ruling [PDF] issued on Monday, in which she eviscerated the DoJ argument that Presidents and their current and former White House officials enjoy "absolute immunity" from Constitutionally-mandated Congressional oversight. "Stated simply," the Judge wrote, "the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings."

Trump, however, appears to feel otherwise. In addition to appealing the order, Trump tweeted today that "The D.C. Wolves and Fake News Media are reading far too much into people being forced by Courts to testify before Congress," adding that while he "would love" to have top Executive Branch officials like Sec. of State Mike Pompeo, acting Chief of Staff Mick Mulvaney and former National Security Advisor John Bolton testify in impeachment hearings in the Ukraine bribery affair, he is only "fighting for future Presidents and the Office of the President. Other than that, I would actually like people to testify."

But whether Trump wins his "absolute immunity" defense while President, it is unlikely to help him once he is out of office. To that end, yes, we'd hate to see him lose his right to vote if he ever should find himself imprisoned for any of his countless crimes. In the meantime, however, there are millions in prison who have already lost that right --- a right, not a privilege, even if many treat it that way --- while behind bars. There has been some noteworthy successful (and even bi-partisan in some cases) efforts of late in a number of states to help enfranchise former felons or those out of jail on probation or parole though state constitutional amendments, legislation or executive actions. But when it comes to the right to vote for those still in prison, the debate has been slower and more contentious. Currently, only Maine and Vermont allow prisoners to vote, a policy which Vermont's U.S. Senator Bernie Sanders strongly defended during a CNN Presidential Candidate Town Hall earlier this year.

At the same time, as our guest today, DANIEL NICHANIAN, Editor of The Appeal Political Report (better known as @Taniel on Twitter) points out, lawmakers in eight states and D.C. have filed legislation this year to allow people behind bars to exercise the right to vote. Rep. Ayanna Pressley (D-MA) has done the same at the federal level.

After a Republican New York state Assemblyman recently described a state Senate bill there that would enfranchise convicts as "insulting [to] members of law enforcement and the criminal justice system who worked diligently to get these dangerous predators off the street," Nichanian reached out to prosecutors, correctional facility officers and elected officials in Maine and Vermont to see if they agreed. You'll be surprised to learn that not one of them did, with almost all either finding it to be no problem or, more frequently, lauding the connection to "the real world" that voting allows imprisoned citizens as they pay their debt to society.

Nichanian, a Senior Fellow at the Justice Collaborative and expert on criminal justice reform and mass incarceration, shares insight from the officials he spoke with, and explains why reform on this issue (which disproportionately affects minorities) --- and a number of related topics --- is long overdue.

"We are not treating the right to vote as an inalienable, fundamental right of U.S. democracy, as a right that every citizen should have, and have protected," he tells me, explaining why "ending felony disenfranchisement would also mean that law enforcement professionals are no longer the arbiters of who gets to exercise democratic rights."

Nichanian notes that "the way in which we talk about people who are incarcerated, it would seem like we forget that these people have families, they have kids who go to school, and the school board elections matter to them. They have families who also need to care about their elected officials."

"There's all sorts of arguments of whether people are worthy of voting or not, whether people have shown enough civic capacity to vote or not," he argues. "And I find all of that universe of questions to be questionable, because we are claiming for ourselves the power and authority to decide whether our fellow citizens should have the same rights as us. I find that to be a problematic question. And I think that's just the bottom line: whether we want the right to vote to be a protected right for all U.S. citizens."

He says that "we are definitely seeing the criminal justice reform conversation encompass these issues of rights restoration, as a tool of re-entry, as a tool of thinking about how people remain human, as a way of thinking about economic justice and racial justice throughout the process." But whether that, theoretically bipartisan effort will ultimately become a fight for re-enfranchising felons remains to be seen.

We also discuss how the imprisoned population is used in the fight over apportionment, with the incarcerated counted in the census and for redistricting purposes, even while that huge chunk of the population is disallowed from exercising any real political power through the vote. "The time to address it is literally now, because the next round of redistricting and map-drawing is coming up. If this is going to be reformed, it has to be in the next couple of years, or else we'll have ten more years of problems on this."

Finally, Desi Doyen joins us today for our latest Green News Report as "climate emergency" is named "Word of the Year" by the Oxford Dictionary and, unfortunately, for very good reason...

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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...

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