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Latest Featured Reports | Friday, November 8, 2024
Not All Bad: Abortion Rights Won Big (Almost) Everywhere: 'BradCast' 11/7/24
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THIS WEEK: Halloween Horrors ... Billionaire Endorsements ... 'The Best People' ... And more! In our latest collection of the week's most important toons...
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Brad's Upcoming Appearances
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'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
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Arrest in VA: GOP Voter Reg Scandal Widens
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Guest: Const'l Attorney John Bonifaz on reversing 'the road to tyranny' (and also on how to get foreign corporate money out of U.S. elections)...
By Brad Friedman on 6/15/2021 6:46pm PT  

Writing at Washington Monthly today, asking "Why Is Merrick Garland Defending Bill Barr's Policies?," law professor and Free Speech for People (FSFP) Board Member Jennifer Taub quips: "This is Merrick Garland's Tylenol moment, and by which I mean he has more than a headache but a poisoning on his hands." Yup. Today's BradCast won't cure his headache, but it may offer an antidote for the poisoning...if he pays attention. [Audio link to full show follows below.]

The new Attorney General spoke at the Dept. of Justice on Tuesday about his national strategy to focus on the rise of domestic terrorism, particularly carried out by white supremacists in the wake of the Trump-incited January 6th attack on the U.S. Capitol. Garland described such incidents as "attacks on all of us collectively, aimed at rending the fabric of our democratic society and driving us apart," adding: "We have an enormous task ahead, to move forward as a country, to punish the perpetrators, to do everything possible to prevent similar attacks and to do so in a manner that affirms the values on which our justice system is founded and upon which democracy depends."

Garland's remarks follow on his announcement Friday that he is doubling the number of DoJ attorneys focused on enforcing voting rights at the federal level in light of new vote suppression laws being adopted by Republicans in states around the country.

So, he seems to understand at least two major threats to the values "on which our justice system is founded and upon which democracy depends." But is he really prepared to punish all of the perpetrators?

Every day now it seems that stunning new information is revealed as to just how poisoned our Dept. of Justice had become under the Trump Administration, as the former President used the nation's once widely respected law enforcement agency for his own personal purposes, to protect himself from legal accountability (as in former AG Bill Barr's use of the department to block Trump from criminal accountability for obstruction following Special Counsel Robert Mueller's findings and from civil accountability in the defamation case filed by Trump's alleged rape victim, E. Jean Carroll, both of which Taub writes about today); to wield power against his perceived political enemies (as we learned last week, when it was revealed that the DoJ secretly obtained phone, email and text message records from Democratic lawmakers and several media outlets in 2018); and, in futile efforts to keep himself in power (as we learned today, based on emails obtained by the House Oversight Committee revealing Trump tried to order the DoJ to file briefs in the U.S. Supreme Court in support of his evidence-free big lie that the 2020 election was stolen from him).

As more and more emerges, it's difficult to keep up with it all. But, sadly, what we know so far is likely only the tip of the iceberg. That's why, back in February, a group of non-partisan government watchdog groups penned a letter [PDF] to then Judge Merrick Garland, prior to his confirmation as AG, calling on him to form a task force at the DoJ immediately after being confirmed, "to investigate any potential federal criminal or civil violations that may have been committed by former President Trump, members of his administration, or his campaign, business, or other associates."

The letter, which has now been signed onto by more than 200,000 Americans, according to FSFP, asks Garland to convene the task force to probe Trump's "flurry of unethical, unconstitutional, and often criminal activity, culminating on January 6, 2021, with the seditious insurrection on the United States Capitol incited and encouraged by former President Trump and his allies."

"If we are to begin the process of restoring the integrity of the Department of Justice and the rule of law to our nation," the groups write --- before detailing at least five different categories of "potential offenses" by the previous administration --- "it is essential that the Department thoroughly investigate these actions and, where warranted and appropriate, hold accountable those who have violated the nation's laws."

That DoJ task force, however, has yet to be formed. And Garland, according to our guest today, Constitutional attorney and longtime voting rights champion JOHN BONIFAZ, co-founder and President of FSFP, has yet to reply to the February letter.

On today's show, Bonifaz explains why "it's critical" that this task force be stood up, and why such a group of prosecutors need to be convened in this matter, rather than an independent commission formed by Congress, a blue ribbon panel formed by the White House or even another Special Counsel investigation launched by DoJ.

While he supports Congressional oversight in general, he explains: "The reason why we believe a task force is the best way to go over a Special Counsel is we do think this should not be assigned outside of the Department to someone who then is seen, as Robert Mueller was, as the sole arbiter of this." While disagreeing, as many scholars do, with the notion that a sitting President cannot be criminally indicted, Bonifaz explains that Mueller's report "was very clear that once the President was out of office, he would be free to be prosecuted for those crimes."

"That's just one example of many as to why this task force needs to be created," he tells me. "There are multiple investigations that need to proceed, and potentially multiple prosecutions. It would be an outrage for this Administration to claim that it's going to turn the page, it's not going to conduct that kind of accountability for those that have engaged in such lawless behavior in the last Administration. That's what happens on the road to tyranny. If we're to protect our democracy and our Constitution, it's critical that we hold Donald Trump and his associates accountable for the violations of federal criminal law they may have committed."

We discuss a number of the already known issues currently crying out for real probes by federal prosecutors if the DoJ is ever to be restored; concerns about Trump associates still burrowed in at Justice; the many investigations known to have been shut down by Barr which should quickly be re-opened; and the question of "why is the Biden Justice Department continuing the work of the Barr Justice Department" when it comes to attacks on press freedoms via only-recently lifted gag orders on secret subpoenas of reporters' private records and "the intervention that the Barr Justice Department started in the E. Jean Carroll case --- both of these decisions were clearly made with Garland's knowledge."

I also ask Bonifaz for his opinion on whether he believes Garland is actually up to the gargantuan task of dealing with the ongoing and increasing problems that DoJ must now handle regarding all sorts of criminal and civil matters, even while bringing both accountability for the unprecedented corruption of the previous Administration and the necessary reforms at DoJ to avoid the same or worse abuse of the nation's top law enforcement agency in the future.

"I think this is a moment for the Department of Justice, but also for democracy and our Constitution. And they need to get it right," he explains.

In a separate matter, FSFP --- which was founded in the wake of the Supreme Court's 2010 'Citizens United' ruling that opened the floodgates to corporate money in American elections --- is now working at the state level to enact model legislation that would bar corporations with foreign investors (which is a whole lot of them!) from being allowed to spend money in state and municipal elections.

Finally, we're joined by Desi Doyen, as new temperature records are being smashed during the year's first major (and very early) heat wave, for our latest Green News Report. Beyond the bad news about climate change, we've got some very good news to close with today, particularly for folks up in Alaska...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Center for Int'l Environmental Law's Carroll Muffett; Also: An insidious reason Trump wants MAGA to think he's about to be reinstated...
By Brad Friedman on 6/4/2021 6:40pm PT  

While the nation claws its way out of a pandemic and the Republican party continues to crack up --- or carry out its slow-motion attempted coup, take your pick --- a landmark moment occurred for the planet a week or so ago, which has left the fossil fuel industry reeling and describing as "Black Wednesday", even as it's received much less attention than it should have. On today's BradCast we aim to make up for that imbalance a bit. [Audio link to full show is posted below this summary.]

First up today, however, while Donald Trump has reportedly been telling anyone who will listen that he expects to be "reinstated" as President of the United States in August, the rightwing Charlie Cooke at the rightwing National Review confirms that reporting himself, while attempting to offer a dose of reality to his party at the same time. As he explains, even if it's true that Joe Biden and the Democrats and dead Hugo Chavez and Dominion Voting Systems and China actually did hack thousands of voting systems to steal the election from Trump (and, as he notes, they absolutely didn't), there is still no legal or Constitutional mechanism to simply "reinstate" Trump as President. It doesn't work that way in America, and the idea is, as he describes, both "otherworldly and obscene". Anyone who is deluded to the contrary, Cooke correctly explains, is "unmoored from the real world" and "living in a fantasy world" along with the disgraced former President.

But has Trump actually lost touch with reality while living in exile at Mar-A-Lago? Or is there another, more insidious reason entirely that he would want his MAGA Mob to believe he is about to be reinstated to the White House this summer? Yes, in fact, there is such a reason, as we discuss.

Then, it's on to "Black Wednesday". For context, however, we go back to an explosive report from 2018 [PDF] in which the non-profit Center for International Environmental Law (CIEL) detailed a treasure trove of internal documents from Royal Dutch Shell, going back to the 1950s, revealing that the company's scientists were not only aware at the time, but very concerned about the threat of climate change due to the release of CO2 from the burning of their products. In 1962, one of their scientists warned, according to the memos unearthed by CIEL, that "greatly increasing use of the fossil fuels...is seriously contaminating the earth's atmosphere with CO2," leading their Chief Geology Consultant at the time to urge "serious consideration of the maximum utilization of solar energy."

By 1991, the company had even produced a documentary called Climate of Concern, warning of the threat of global warming thanks to the unfettered release of greenhouse gasses into the atmosphere. Just a few years later, however, Shell took a u-turn and joined with Exxon and other major fossil fuel producers to fund the climate change denial industry, while lying to shareholders about the threat of our now-worsening climate emergency and the stranded assets all such companies are likely to face in the years ahead.

That denial, however, may have come to a screeching halt a week ago Wednesday for Royal Dutch Shell, following a court ruling by a Dutch court ordering them to cut emissions by 45 percent and, on the very same day, by shareholder "rebellions" at both Chevron and ExxonMobil. That landmark day, May 26th, which our guest today describes as "sending shockwaves" through the industry, has now come to be known as "Black Wednesday".

We're joined today by CARROLL MUFFET, President and CEO of CIEL, whose report on Shell from three years ago (which he joined us to discuss at the time), helped play a role in last week's court ruling against Shell. Today he explains those "shockwaves" throughout the industry and just how momentous "Black Wednesday" will likely prove to be for Shell, Chevron, Exxon and others, after their very bad day in both the courtroom and the boardroom.

"This last week has been nothing short of extraordinary," Muffett extolls. "It's been a watershed moment for the industry, and a watershed moment for those us who have been working for decades to hold the industry accountable --- not only for its past, but for what its business models mean for the future."

For Chevron that day, shareholders voted to impose long-overdue emissions targets on the company, and Exxon's shareholders elected at least three "activist" candidates to the company's 12-member Board of Directors, displacing the company's preferred directors with climate advocates from a newly formed investment firm. The vote at Exxon was backed by major investors like BlackRock and Vanguard.

Muffett describes the "remarkable convergence" of that day. "Liabilities that we've been warning about for a decade, responsibilities that we've been warning about for a decade, and financial risks that we've been warning about for a decade, are finally no longer fringe. They are mainstream. And now it's investors and courts saying to these companies what we've been saying for a very long time."

He explains how the Dutch court held Shell "responsible for all of the emissions that result from its operations. And that includes not only the emissions that come from Shell pulling the oil out of the ground, but the much greater emissions that come when the oil and gas are sold and burned." He also details how the shareholder votes at both Chevron and Exxon ("the biggest shakeup of them all") was even more stunning in a number of ways, as all three companies will now be forced to make "significant changes" to their business models and what they invest in. In Shell's case, for example, "the court is saying that it is not enough to reduce the emissions associated with producing the oil, you effectively have to produce less oil."

That ruling has sent an unmistakable message, he suggests, to all of the major oil companies, one which they should have heard --- and, arguably did, but ignored and/or lied about --- long ago. "It's important to recognize that, if you look at the major oil and gas companies, they've been under-performing the S&P 500 for a decade," Muffett tells me. "Even before the pandemic began, they were losing money, losing value, they had begun writing off billions of dollars in assets --- phenomena that were accelerated by the pandemic. What's become clear to a growing number of investors is that these business models are putting not only the planet, not only human rights, not only human lives on the line, but they're also putting investors' money on the line. Unfortunately, that's what it took to get investors engaged."

But with both investors and courts now engaged, "Black Wednesday" has become both a "remarkable shockwave" and "a wake-up call" to investors and, hopefully, the world. "I would say that the entire future of these companies will be defined by litigation of one kind or another. How long that future will last, I don't know.  It is unlikely to outlast the litigation," says Muffett...

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Also: Powell and Flynn call for coup in U.S.; Big Oil's very (very) bad day...
By Brad Friedman on 6/1/2021 5:26pm PT  

Desi and I are back on today's BradCast, after a week of non-stop jackhammers outside of our studio. The construction is still ongoing, but the jackhammers, we are told, are mostly done. So, we're trying to work around the noise as best as possible this week. (Though if a rerun unexpectedly shows up, that will be why!) And, happily, we're back just in time to report on the fights both for and against democracy in the great state of Texas over this past Memorial Day weekend. [Audio link to show is posted below summary.]

To that end, the loudest noises heard across the nation over the weekend, weren't jackhammers, but the march of Democrats, fighting to save democracy in Texas by walking out of the state House of Representatives on Sunday night, leaving behind no quorum to pass the GOP's major anti-voting bill. In a state dominated by Republicans --- in the Governor's mansion and both chambers of the state legislature --- Democrats were successfully able to kill one of the most onerous pieces of voter suppression legislation introduced by any state following the 2020 elections, by running out the clock. At least for now.

In Texas last November, things went very well, with the Secretary of State's office declaring the 2020 elections had been both "smooth and secure". Donald Trump easily won the state by about 630,000 votes, and Republicans held on to their majorities in both houses of the state legislature.

Unfortunately for the GOP, however, voter turnout --- in one of the lowest turnout states in the nation --- actually increased last November, including in Democratic-leaning jurisdictions like Harris County (Houston). Well, Republicans can't have that! They see the writing on the wall! More people voting, means more Democrats winning and more Republicans losing. So, over the weekend, at the very end of this year's legislative session, Republicans in state House and Senate, deliberating in secret, produced a whopper of a voter suppression bill that would make it much more difficult to vote by mail (which is already extraordinarily restricted in the Lone Star State); shorten weekend voting hours, including those used by Souls to the Polls efforts by black churches; make it a jail felony for election officials to send absentee ballot request forms to voters; outlaw drive-thru and 24-hour voting sites (used by some 140,000 last year to vote in Houston, where turnout increased by 10%); outlaw driving more than two non-family members to the polls without permission from the government; and deeply lower the threshold for overturning an election based on fraudulent ballots, even if the ballots in question were not cast for the winner of the initial vote count. All of that, among other new restrictons to make it more difficult to vote in a state that a recent study found was already the most difficult state to vote in.

But, after the wee-hours party-line passage of the 67-page bill, made public just before the final vote in the Senate late on Saturday night of the holiday weekend, the plan for final passage in the House went awry, thanks to a Democratic walk-out that left the chamber without the required two-thirds of its members needed for a quorum to hold a vote. As it happened on the last day for passage in the legislative session, the measure, Senate Bill 7 (obnoxously named the "Election Integrity Protection Act"), died a welcome death --- "welcome" at least to supporters of voting rights and democracy. Governor Greg Abbott (decidedly not such a supporter) was furious, and has threatened to withhold pay to legislators after the bill was killed. He has also declared the measure to be a "must pass" bill in a special emergency session he has vowed to call...at some point in near future.

The heroic Texas Democratic legislators who fought to keep democracy alive for another day in the Lone Star state by using the "last tool in [their] toolbox" to block the measure, subsequently pleaded with Congressional legislators in D.C. to pass the For the People Act and John Lewis Voting Rights Act at the federal level, to help stave off the worst elements of the Texas bills, and others like it, which have already passed by some 14 states, with more on the way.

Those federal measures to protect democracy, rather than undermine it, are unfortunately being blocked first by Republicans in the U.S. Senate, and secondly by West Virginia's Democratic Senator Joe Manchin, the only Dem of 50 in the upper chamber to not yet sign on as co-sponsor of the For the People Act --- a sweeping bill to reform and protect elections and campaigns in all 50 states. That, as both Manchin and Arizona's Sen. Kyrsten Sinema have been unwilling to reform the Senate filibuster in order to pass the critical election safeguards with a simple majority before 2022. Without filibusterer reform, Dems would somehow need to get 10 Senate Republicans on board to overcome a filibuster, an impossibility.

We explain all of this today in a fairly monster rant.

Next, in case it's still unclear what supporters of democracy are now being forced to contend with in these United States, we have a quick review of the weekend's three-day QAnon conspiracy conference in Dallas. Called "For God and Country: Patriot Roundup", the forum included an appearance by Trump attorney Sidney Powell, who called for the failed former President to be "reinstated" with a "new inauguration date" set, due to "abject fraud" and "obtaining a coup of the United States of America" last year. Of course, there is zero evidence of such fraud, despite her many failed lawsuits which falsely argued otherwise before being largely laughed out of court. As to a "coup", well, another featured guest at the Roundup called for exactly that. Literally.

When Trump's former National Security Advisor, Lt. General Michael Flynn (pardoned by Trump after he pleaded guilty to several criminal federal felonies last year), was asked by an audience member why we shouldn't have a military coup like the one under way in Myanmar. Flynn responded: "No reason," in stunning remarks captured on video tape. "I mean, it should happen here," he told the crowd. But, by Monday, after calls for Flynn to be held accountable for calling for the seditious overthrow of the United States, Flynn offered one hell of a walk back, claiming he didn't say at all what he very clearly said...as captured on video tape.

Finally, amidst the darkness of American democracy under assault as we've not seen since the Civil War itself, some good news. Ironically enough, it comes via our latest Green News Report, wherein Desi Doyen gets us caught up on a remarkably bad day for Big Oil last week, when the planet's three largest fossil fuel companies, Exxon, Chevron and Shell, all took big hits in either the boardroom or the courtroom. All of which is very helpful news indeed for our odds of mitigating the deadly climate emergency that all three companies spent so many years exacerbating and lying about. So, along with cheering on the heroic Dems in Texas, there's a bit more to be happy about as we walk out of today's BradCast!...

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Guest host Nicole Sandler with Edward-Isaac Dovere, author of 'Battle For The Soul: Inside the Democrats' Campaigns to Defeat Trump'...
By Nicole Sandler on 5/28/2021 4:47pm PT  

Thank God it's Friday! I don't think I could take another day like this one. It's NICOLE SANDLER, guest hosting the BradCast again while Brad and Desi try to dodge the jackhammers making work at their studio impossible. Hopefully the noisy work will be done soon so they can get back in time for the next show!

We begin today's show with the first Senate filibuster of the 117th Congress, and it was a doozy. First of all, the vote was 54-35. In any other civilized country, majority rules, and the motion to open debate on forming an independent, bipartisan commission to investigate the January 6 insurrection at the US Capitol would begin. But in the opposite world that is our reality, the minority wins. Again.

Six Republicans joined every Democrat present in voting to invoke cloture. But with 54 yes votes, that means they're two Democrats short. Two Democrats didn't show up to vote to investigate the attack on our government! The two are Patty Murray of Washington and Kyrsten Sinema, the thorn in the side of good Democrats everywhere. Murray released a lame statement blaming a "personal family matter." I'm biting my tongue because, unless someone is dying, there's no excuse for her missing that vote. As for Sinema, she's a heinous, horrible person who's misrepresented herself to the electorate. In my book, that's fraud, and she should be driven from office. Calls to her office today were unanswered.

But it wouldn't have mattered anyway. There were not 10 Republican votes because there aren't 10 Republicans in the senate with principles. Yes, our Democracy is still horribly broken.

But at least we got Donald Trump out of the White House, so we've got that going for us. But it wasn't easy.

The 2020 election season was the subject of today's interview with EDWARD-ISAAC DOVERE. In addition to being a columnist for The Atlantic, he's the author of the just-released book, Battle For The Soul: Inside the Democrats' Campaigns to Defeat Trump, which, as the title suggests, brings us back to the trauma of the 2020 election season, beginning with election night 2016 as an incredulous Barack Obama watched his nemesis Donald Trump inexplicably become the next President.

I'm very glad the weekend has arrived...

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Guest host Nicole Sandler with economist, author and Modern Monetary proponent Stephanie Kelton...
By Nicole Sandler on 5/25/2021 3:59pm PT  

It's NICOLE SANDLER guest hosting The BradCast for the next few days while they tear up the concrete around Brad & Desi's studio.

After a look at the news and the latest Green News Report, we turned to today's guest, STEPHANIE KELTON . She's an economist, an expert in Modern Monetary Theory and the author of The Deficit Myth: Modern Monetary Theory and the Birth of the Peoples Economy.

While the Republicans keep screaming about the deficit, you must remember they only do that when Democrats are in charge. When a Republican is in the White House and when they also control Congress, they spend like it's going out of style.

Well, Stephanie explains that "every deficit is good for someone." She says: "Don’t run away from the word deficit. In financial terms, the other side of their deficit lies a financial surplus in some other part of the economy. The question is for whom? Who is getting it? And for what? Are we using the deficit to make investments in critical infrastructure and R&D? Fighting climate change, paying for education...doing those sorts of things? Or are we using the deficit simply to deliver a windfall for people in our society who least need the help?”

So the Republican talking points about things being too expensive are just that, talking points...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Guest: BRAD BLOG legal analyst Ernest A. Canning; Also: CA GOP's Newsom recall falling flat so far; Israel, Hamas agree to cease-fire; GOP disgraces self, infuriates cops by trying to block Jan. 6th Commission...
By Brad Friedman on 5/20/2021 6:45pm PT  

On today's BradCast, the fight for truth and justice continues from Palestine to Washington D.C. to Los Angeles, CA. [Audio link to full show is posted below summary.]

Just before airtime today, encouraging news broke that Israel and Hamas have agreed to a cease-fire after nearly two weeks of fighting that left at least 230 Palestinians (including at least 65 children) dead in Gaza, and 12 Israels (including two children) dead on the other side. The promised pause in hostilities comes after President Biden's long-overdue pressure on Israeli Prime Minister Benjamin Netanyahu, which came after pressure from Congressional Democrats on Biden.

Republicans in Congress, meanwhile, revealed once again this week the bad faith with which they are supposedly "working" with Democrats. After the top Democrat and Republican on the Homeland Security Committee in the House negotiated a deal for the structure of an evenly partisan divided, independent commission to examine the deadly January 6th insurrection at the U.S. Capitol, the GOP minority leaders in both the House and Senate whipped their own members to reject it. Nonetheless, the House passed the resolution to create the Jan. 6 Commission on Wednesday, after some stunning and dramatic debate, with 35 Republicans joining all of the Dems to adopt the Commission. The rest of the House GOPers scoffed at the attack on the Capitol and even at the U.S. Capitol Police themselves, the very law enforcement officials who risked life and limb to protect all Congressional members on that shameful, historic day. The measure must still overcome a Republican filibuster to be adopted in the Senate, where Mitch McConnell is opposing with lies about it being "unbalanced", in hopes of protecting his party, his counterpart in the House, Kevin McCarthy, and our disgraced former President who incited the riot.

Meanwhile, back here in California, we catch up with the GOP's ongoing recall attempt of progressive Democratic Governor Gavin Newsom, whose poll numbers are on the rise, as the rates of COVID infections, deaths and positive tests are now among the lowest --- if not THE lowest --- in the nation. The CA GOP, unable to win statewide elections anymore, unless they can fool voters during a low turnout recall election, had cited Newsom's handling of the pandemic and the state's homelessness crisis as reason to unseat the first term Governor in a recall election later this year.

As our guest today, retired attorney and longtime BRAD BLOG legal analyst ERNEST A. CANNING explained in a fascinating post this week, however, a federal judge may have recently buttressed Newsom's case when it comes to his efforts on the housing crisis in the Golden State as well.

Specifically, while noting the high marks given to the Governor in the judge's ruling in the case filed by the Los Angeles Alliance for Human Rights seeking federal intervention on the homelessness crisis in L.A. City and County, U.S. District Court Judge David Carter's 110-page decision cites the real reason for, as Canning described it, "the nightmare of homelessness at the heart of a place that dares to call itself the City of Angels."

Canning explains Judge Carter's "eye-opening" historical revelations as he detailed a century of systemic racism and corruption in Southern California that has directly resulted in the crisis which now disproportionately affects African-Americans. From "racially restrictive covenants, redlining and eminent domain" used by Los Angeles "to racially segregate neighborhoods" to "Ku Klux Klan violence [that] further targeted Black families who resided in majority white neighborhoods" to sea-side property taken "from Black families and turn[ed]...into a whites-only park," the judge offered an insightful and maddening history of the horrors that have come to haunt all of us --- or, certainly should --- here in Southern California.

"There were no African Americans," says Canning, where he went to school while growing up in SoCal in the 50s and 60s. "The thing that Judge Carter reveals is that that didn't happen by happenstance. Back in 1910, 36% of African Americans were living in racially-diverse neighborhoods, and they were homeowners. In steps, the KKK, enforcement of racially restrictive covenants, redlining, and eminent domain" changed all of that. "We're not talking about Georgia or any of the former Confederate states, we're talking about Southern California."

I hope you'll take a look at his coverage of Judge Carter's ruling here.

Finally, Desi Doyen joins us for our latest Green News Report, with some not horrible, landmark news from the International Energy Agency on how the usually fossil fuel-friendly agency is now calling for reaching net zero carbon emissions by 2050; and some incredibly exciting news on Wednesday night's unveiling by the Ford Motor Company of their brand-new, game-changing, all-electric F-150 Lightning pick-up truck, that could just save the world...and power your entire house for days...

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Also: Ohio's $1M vaccine lottery; Greene bullies AOC in Congress; McGahn agrees to testify in House; Trump could soon face extradition...
By Brad Friedman on 5/13/2021 6:29pm PT  

We barely made it for today's BradCast, after a nightmarish computer crash. So, if today's show is an odd, disjointed mess that makes no sense at all, feel free to blame Microsoft. But if it's great, I'll take all the credit! [Audio link to full show is posted below summary.]

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

  • Huge news today from the CDC! "This is a great day for America," President Joe Biden proclaimed in the Rose Garden, after his mask free meeting with vaccinated Republicans in the Oval. The fully vaccinated may now take off their masks in most places both indoors and out, and end social distancing protocols, according to the CDC's surprise announcement. There are a few caveats, as we discuss, and, of course, even though this weekend marks two weeks since the second COVID shot for Desi and me (and the "fully vaccinated" status that comes with it), we've still got a few reservations.
  • Even the friends on Fox and Friends admit they are all vaxxed up now! But even that hasn't kept them from continuing to pump disinformation about vaccines into the veins and brains of their horrifically misinformed viewers.
  • The quest continues to get shots into arms of the hesitant --- many of whom not-coincidentally-at-all happen to be Republican male and Fox "News" viewers. Some GOP state Governors are now coming up with clever incentives. West Virginia's Jim Justice is offering $100 savings bonds to residents age 16 to 35 who get their shots. Ohio's Mike DeWine announced on Wednesday that vaxxed up Buckeye Staters will be eligible to win 1 million dollars in a lottery, five weeks in a row! (But why not 10 winners each week of $100,000? We discuss.) In both cases, the payoffs are coming courtesy of the federal government, via Joe Biden and the Democrats' American Rescue Plan, which no Republicans voted for. But it's nice to see Republican Governors enticing their residents with "socialist" cash prizes!
  • And then there's Georgia's embarrassing Republican Rep. Marjorie Taylor Greene who "aggressively confronted" New York's Democratic Rep. Alexandria Ocasio-Cortez on Wednesday night in the halls of Congress. She followed her, stalked her, and called her a "terrorist" and a "chicken" for refusing, apparently, to debate her about...whatever. It was some top-notch 5th grade level bullying, but nothing new for the loathsome Greene. Her caucus, apparently, has no problem with her behavior, even as they voted this week to remove Rep. Liz Cheney from her leadership position because she refuses to participate in the Big Lie about a stolen election and believes Donald Trump should be held accountable for inciting an insurrection on the U.S. Capitol.
  • And, yes, it was an insurrection, despite the attempts by House GOPers in recent days to pretend that it was not. (Here's some fresh video evidence if you need it.)
  • Speaking of accountability (or lack thereof), Politico offers a fascinating scoop today --- for some reason --- regarding extradition statutes in two different states in the event that, for example, someone who is staying at a resort in Palm Beach, Florida or Bedminster, New Jersey finds themselves criminally indicted by a District Attorney from Manhattan within the next few months. Hmmm....
  • And, speaking of a bit more accountability --- let's say, at the federal level --- on Wednesday night, the U.S. House Judiciary Committee struck a court-approved deal with the U.S. Dept. of Justice for Donald Trump's White House Counsel Don McGahn to finally answer his 2019 subpoena to testify about his starring role in the 448-page report [PDF] issued by Special Counsel Robert Mueller concerning at least 10 documented instances of apparent criminal obstruction by the disgraced former President. No extradition charges are needed for federal indictments...unless the perp flees the country.
  • Finally, Desi Doyen joins us for our latest Green News Report as the Colonial Pipeline restarts after a ransomware attack shut down the nation's largest pipeline network (and, yes, as I asserted in the GNR, we learned later today the company did pay a ransom to the hackers!); as gas hording Americans on the Eastern Seaboard have been panic-buying; as the Biden Administration greenlights the first major offshore wind farm in the U.S.; and as Tesla dumps Bitcoin due to its massive carbon footprint...

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Guest: Heather Digby Parton of Salon and Hullabaloo; Also: More on the D.C. Police ransomware hack; And Colonial Pipeline reopens after attack...
By Brad Friedman on 5/12/2021 6:08pm PT  

For reasons explain on today's BradCast, we've avoided coverage over the past week or two of the twisted internecine warfare going on inside the GOP. But, as of today, we can ignore it no longer. [Audio link to full show is posted below summary.]

About 100 former Republican officials (the key word here may be "former"), will reportedly be releasing a statement on Thursday, threatening to start a new party if the GOP fails to roll back from its worsening Trump Big Lie madness. Those former officials should expect to be disappointed.

On Tuesday night, on the eve of today's GOP caucus vote in the U.S. House to oust longtime, far-right, conservative Wyoming Rep. Liz Cheney (daughter of Dick) from her role as Conference Chair (third-highest ranking Republican leadership position in the House) she took to the House floor to vow she would not roll over for the dangerous, evidence-free claims of a stolen 2020 election being propagated by her crumbling party.

Therefore, on Wednesday morning, she was removed from her leadership position during a cowardly, 15-minute voice vote in a GOP conference meeting after Minority Leader Kevin McCarthy hung her out to dry. (He had previously both condemned Trump's behavior for fueling the deadly January 6th MAGA Mob attack on the U.S. Capitol and supported Cheney. But, of late, he has decided to cast his lot with the disgraced, sore loser ex-President instead.)

After the vote, Cheney defiantly reiterated her belief that the Party "must go forward based on truth" and "cannot both embrace the Big Lie and embrace the Constitution," adding that she would "do everything I can to ensure that the former President never again gets anywhere near the Oval Office."

We're joined today by our friend HEATHER DIGBY PARTON of Salon and Hullabaloo to discuss the seeming meltdown and inflection point within the GOP, where Cheney will most likely be replaced in her leadership role by New York Rep. Elise Stefanik. She has a far less Trumpy voting record than Cheney (for instance, unlike Cheney, Stefanik voted against the 2017 Trump/GOP tax cuts.) But, also unlike Cheney, Stefanik is happy to lie about the results of the 2020 election on behalf of Donald Trump. That is, apparently, all that now matters for the Republican Party.

There is a lot to talk about on this front today, including what Parton describes as a bid by Cheney to offer an alternative path back to the White House for Republicans, even though fealty to falsehoods and a failed sociopathic President now appears to be perhaps the only real "value" left in the once Grand Old Party.

"Don't get me wrong," Parton says today. "I disagree with [Cheney] on everything. She's as far right as it gets, and if she runs for office, I will be the first one in line to oppose her. But this is not a partisan issue. Or it shouldn't be. Because this is really an assault on our democratic process."

However, she adds later, "This is a political move on her part. At some point, she, and I'm sure her father, decided that there was an opening at this moment for someone to be the face of the anti-Trump Republican, and she was a good choice for doing it. The party is going to be looking for a woman nominee. It may be 2024, it may not be until 2028. They are positioning her as the tough, real, rightwing conservative who stood up to Donald Trump and guess what? She's a woman, too. 'There's  not going to be anything Liz Cheney isn't tough enough to take on'."

As usual, Parton has many smart insights on all of this.

Finally, a couple of quick updates on some stories we covered in detail on our previous BradCast. Some new and disturbing news on the ongoing ransomware attack against the D.C. Metro Police, and late breaking news today that the Colonial Pipeline has begun to reopen after a five day shutdown due to a ransomware attack there as well. No word yet on whether Colonial, owner of the nation's largest pipeline network --- running from Texas to New Jersey and supplying about half of the gas, jet fuel and diesel for the Eastern Seaboard --- paid off the hackers to restore their crippled computer networks to restart the pipeline...

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Also: Russia to draw down troop build-up on Ukrainian border...
By Brad Friedman on 4/22/2021 6:00pm PT  

On today's BradCast: After a disastrous four year mistake by the name of Donald Trump, the United States, under the leadership of Joe Biden, is taking the lead once again on our global climate emergency on Earth Day 2021. Or, at least, trying to. [Audio link to full show is posted below summary.]

Among our coverage today...

  • Global tensions were greatly eased on Thursday with the announcement that Russia --- which had been amassing more than 100,000 troops on its border with Ukraine --- plans to deescalate and pull most of its troops back by May 1. The tensions continue to simmer, however, amid the years-long, ongoing conflict in the region, between NATO-backed Ukraine and Russia-backed separatists, where 14,000 have died over the past 6 or 7 years of war. And, of course, the U.S. and Russia remain at odds over any number of things. But today's announcement at least lowers figurative global temperatures just a bit.
  • As to lowering literal global temperatures, more than 40 world leaders --- including Russia's Vladimir Putin and China's Xi Jingping --- met today for Day 1 of a virtual global climate summit hosted by Joe Biden and the White House, as the U.S. rejoins the landmark Paris Climate Agreement and hopes to assert its critical leadership role once again after Trump left the pact, increased the dangerous production of fossil fuels, and dismissed deadly global warming as a "hoax". President Biden, on the other hand, doubled-down on President Obama's previous commitment to the Paris Climate Agreement today, by announcing today that the U.S. vows to cut deadly greenhouse gas emissions in half by 2030, and reach net-zero emissions by 2050. Desi Doyen binge-watched hours of today's worldwide Zoom conference and shares both key details and those that may not make the corporate media headlines. Including desperate pleas for help and funding from some of the nations most effected by --- but least responsible for --- climate change, and from young climate activists who urge the nations of the world to stop making excuses and take far more decisive action to meet the true, scientific urgency of the moment.
  • Back in D.C., Republicans continue to block the formation of a bipartisan 9/11-style commission to examine the deadly, Trump-fueled insurrection on January 6th, despite a rapidly growing number of troubling new questions about the disastrous failure to protect the U.S. Capitol from the angry MAGA Mob while Joe Biden's 2020 Electoral College victory was ratified during a joint session of Congress. Last week, an Inspector General's report found that both DHS and the FBI had warned Capitol Police, days before the attack, that "Congress is the target". And yet, Capitol Police leadership instructed officers NOT to use their most effective methods to defend the Capitol. Why? A Washington Post investigation subsequently found that D.C. Metro Police --- out-manned by 58 to 1 on the west side of the Capitol --- radioed for emergency back-up at least 17 times over 78 minutes at the height of the attack, but received no response. Why? New evidence has been emerging from more than 400 indictments made in the days following the insurrection to reveal that the assault, which injured and hospitalized more than 140 law enforcement officials, was far more violent than many have understood. And, on Wednesday, Rep. Zoe Lofgren (D-CA) revealed during a hearing in the House Administration Committee that she chairs, that undisclosed internal investigations suggest Capitol Police were instructed to seek out anti-Trump protesters, but not pro-Trump protesters. Why? We ask those questions and many more, as the chaos and confusion of disparate investigations continues while the GOP obstructs the formation of an over-arching commission that might be able to make sense of what actually happened on January 6th, and who should actually be held accountable.
  • Finally, Desi returns for our latest Green News Report on Earth Day, documenting new commitments to stave off the worst effects of our climate emergency by world powers; Rep. AOC and Sen. Markey reintroduce their Green New Deal; And Nobel-prize winning climate scientist Dr. Michael E. Mann offers his thoughts as to whether the latest actions may be enough to save humanity...

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Guest: L.A. Times' Michael Hiltzik; Also: New U.S. sanctions on Russia reveal previously unknown details on 2016 election interference...
By Brad Friedman on 4/15/2021 7:27pm PT  

On today's BradCast: It's nice to see hundreds of companies and corporate executives coming out in favor of democracy and voting rights. If only they actually meant it. [Audio link to full show is posted below this summary.]

First up today, however, the Biden Administration announced a spate of new sanctions against Russian organizations and individuals in response to both the massive Solar Winds hack of top U.S. agencies, including including the Treasury, Justice, Energy and Homeland Security departments, as well as for what is described as interference in the 2020 election on behalf of Donald Trump.  At the same time, the Administration seems to be going out of their way to downplay the sweeping sanctions by suggesting that they are open to top level discussions to avoid further exacerbating growing tensions between the two nations.

But one of the 32 individuals sanctioned is of note today because the announcement from the U.S. Treasury Department refers to the 2016 election, charging that the individual, Konstanin Kilimnik shared proprietary polling information given to him by Trump's first campaign manager, Paul Manafort, directly with Russian Intelligence Services.  If true, that would be significant new information. Previous reports on Russia's involvement in the 2016 election from both Special Counsel Robert Mueller and the bipartisan Senate Intelligence Committee cite the information Manafort is said to have given to his former business associate Kilimnik, a Russian and Ukrainian political operative linked to Russian intelligence. But neither of those voluminous report goes so far as to say that the data was subsequently given directly to Russian intelligence services.  Those reports acknowledge they were not able to learn what came of it after it was handed over to Kilimnik. Today's announcement of the sanctions by the Treasury, however, notes: "During the 2016 U.S. presidential election campaign, Kilimnik provided the Russian Intelligence Services with sensitive information on polling and campaign strategy."

As national security website Just Security observes: "The Treasury Department’s new statement raises questions about why this information is coming out now and why the Special Counsel’s office did not have access to it during its investigation. Was it not available then or did it exist but was not provided to the Mueller team?"   So, does this mean the Biden Administration has uncovered details on manipulation of the 2016 election that was previously hidden or withheld by the Trump Administration?  It looks like the "Clean up on Aisle 45" will be continuing for quite some time. There is a LOT to clean up.

In not entirely unrelated news, hundreds of companies and corporate CEOs issued a full-size, two-page ad in the New York Times, Washington Post and other papers this week, with a short statement purporting to declare "WE STAND FOR DEMOCRACY," and noting: "We all should feel a responsibility to defend the right to vote and to oppose any discriminatory legislation or measures that restrict or prevent any eligible voter from having an equal and fair opportunity to cast a ballot."

Though the statement doesn't mention any specific states, it was issued in response to Republicans' recently enacted voters suppression law in Georgia and dozens of other states where similar restrictions on the franchise, in bills sponsored by GOP state lawmakers, are moving forward.  All of which is said to be in response to false claims by Trump and Republicans of massive fraud in 2020.  Georgia's new law, for example, makes it more difficult to vote by mail, limits the use of drop boxes, bans the distribution of food or water on long voting lines (which are all too typical in certain parts of the Peach State) and allows the partisan GOP state legislature to replace bipartisan County Election Boards with a single partisan person who will be able to unilaterally undermine elections or even overturn results.

While statements like the one issued this week in the two-page ad --- and, before it, by Atlanta-based companies such as Coca-Cola, Delta Airlines --- have resulted in good publicity for those signed onto them, they have also brought blowback from the right, leading Republicans (who pretend to abhor so-called "cancel culture") to demand boycotts of any company which stands up for voting rights.

I have railed in recent weeks about the absurdity of Republicans finally paying attention to concerns about new voter suppression laws only now that a number of corporations have come out in apparent opposition to such laws. Corporate entities, it seems, have far more sway with the GOP lawmakers who ignored weeks of complaints and protests about the new laws from actual voters before the GA law was passed.

But our guest today is seemingly even more cynical about these recent corporate declarations of fealty to democracy. We're joined today by MICHAEL HILTZIK, Pulitzer Prize-winning journalist and business columnist at the Los Angeles Times. He argued in his column this week that many of the "vague" declarations recently by large corporations are no substitute for actual action. He cites a host of companies, for example, which, following the January 6th U.S. Capitol insurrection, vowed to suspend donations to lawmakers who had voted to overturn the Electoral College results that same day. Despite those public pronouncements, he details one company after another --- from Jet Blue to AT&T to Toyota --- which, despite their previous public claims, have since given plenty of money to dozens of Republicans who voted against the certification of Biden's Electoral College victory.

In his column, he notes that while many companies and executives have come out in opposition of suppressive voting laws, almost none have gone on record to demand the passage of measures which would counteract them, such as the John Lewis Voting Rights Act or H.R. 1, the For the People Act.

"It's not that unusual for businesses to affiliate themselves on the side of the angels when they feel a lot of popular pressure to do so.  But once again the question is, what are they going to do about it?," Hiltzik tells me today. "Let's face facts. Many of the companies --- if not all of them --- that signed on to these statements, these honeyed words, had been assiduous supporters of the politicians who are now out there introducing and passing laws that restrict the voting franchise."

Criticizing their failure to speak out before Georgia's law was adopted, for example, he says, "They didn't really put their reputations on the line when they didn't think they had to.  And, as a result, we have a law in Georgia that's going to be very hard to repeal because the more these companies come out and say this is wrong, the more the rightwing legislators who passed it are doubling down, saying 'We're not going to kowtow to these liberal leftwing corporations'.  So they lost their chance. They're trying to recover. But I don't think they really deserve a lot of credence just by signing a statement."

Moreover, he explains, many of these very same companies have been opponents of democracy within their own corporate organizations. "What's really hypocritical is that these same companies that have said 'We believe in democracy, we believe in everybody having a vote' --- they've actually gone to the Securities and Exchange Commission and asked for, and received, a tightening of the rules that makes it even harder for small shareholders to get resolutions on the annual meeting agenda, and to actually get votes on the resolutions that they submit."

There is plenty of cynicism on today's show to go around. And it extends to our discussion of the need for campaign finance reform, and several neat GOP tricks that have long been used to prevent such long-overdue efforts to keep corporations out of our elections altogether.

Finally, Desi Doyen joins us once again for our latest Green News Report, which, as always, is chocked full of important news, including Japan's announcement that they intend to dump more than a million tons of radioactive water from the crippled Fukushima nuclear plant into the sea. And we close with a follow up to that story from the Guardian today, regarding Japan's ill-fated attempt to marginalize concerns from their own citizens and neighboring countries, by using a cartoon character dubbed "Little Mr. Tritium" to make the massive release of radioactive wastewater slightly more adorable than it actually otherwise is...

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Guest: Climate and energy journalist David Roberts of Volts; Also: MN cop charged in shooting; FBI, DHS knew Capitol was the 'target' on Jan. 6; Biden declares 'It's time to end the forever war'...
By Brad Friedman on 4/14/2021 6:46pm PT  

On today's BradCast: Joe Biden is on a "go big" roll that has stunned even many long time progressives. Another one of them joins us on today's show to sing the praises (mostly) of his $2.25 trillion infrastructure, jobs and climate proposal known as the American Jobs Plan. It will be paid for --- at least in very small part --- by ending long time direct subsidies (yes, government socialism) to the Fossil Fuel Industry. But, even on that, the industry is getting a break that they shouldn't. [Audio link to full show is posted below this summary.]

First up today, however, some noteworthy news headlines...

  • The white Brooklyn Center, Minnesota police officer who resigned yesterday after shooting black motorist Daunte Wright during a traffic stop on Sunday, has been charged with second-degree manslaughter after days of protest and unrest. The city's Police Chief, who also resigned on Tuesday, has said that the 26-year veteran officer, Kim Potter, meant to taze the 20-year old Wright, but shot him instead.
  • A scathing new Inspector General's report finds that U.S. Capitol Police were instructed by leadership not to use their best crowd-control weapons on January 6th, despite clear intelligence from the FBI and Dept. of Homeland Security warning that "Congress itself is the target" for protests by Donald Trump supporters who were scammed by his false claims that the Presidential election was stolen. In the days before the assault, pro-Trump social media sites included explicit details regarding plans by MAGA Mob extremists to target both the Capitol and members of Congress, including maps of underground tunnels at the Capitol building and threats calling for "violence" and "war". While DHS and the FBI were aware of these threats --- and, therefore, so was Trump --- for reasons that still remain unclear, the Capitol Police were left wildly unprepared for the deadly siege.
  • And, in perhaps the most critical news of the day, President Biden announced, in no uncertain terms, his plans to remove all U.S. troops (other than those needed to protect diplomats) from Afghanistan no later than September 11th of this year, the twentieth anniversary of the 9/11 attacks. He explained his reasoning and responded to critics of the move in remarks at the White House today, declaring that "It's time to end the forever war." We share extended excerpts from his address.

Then, we're joined by the great energy and climate journalist DAVID ROBERTS --- formerly of Vox, now publishing his own must-read newsletter called "Volts" --- for insight into Biden's plans to pay for what Roberts characterizes as a remarkably progressive infrastructure, jobs and climate proposal.

Introduced two weeks ago, the American Jobs Plan is to be paid for largely by an increase on the corporate tax rate. But, as Roberts detailed in a recent Volts article, it will also include a repeal of some of the permanent subsidies to the Fossil Fuel industry which they have enjoyed for decades, as written into the tax code. While many progressives are pleased about that, including Roberts, the fact is that those direct subsidies to the industry, as he points out, amount to a very small fraction of the cost of Biden's ambitious plan. Indeed, at some $35 billion for the entire industry, spread out over ten years, it also amounts to a very small amount of the true cost of the "indirectsubsidies" or "externalities" which the public pays for to boost profits for the polluting industry.

The direct subsidies, says Roberts, are "a drop in the bucket" compared to "the total amount of money that would be raised if you went after the indirect subsidies" with a carbon tax that accounts for the true cost of the industry's "products that produce a lot of social harm.  Harm in terms of air pollution that they generate, which then produces health costs, and people miss work. There's the climate damages that they do when they're burned. There's land pollution. There's abandoned oil and gas wells at the end of their life. Those cost a lot of money" to clean up, which the companies rarely, if ever, do.

"The oil and gas industry itself doesn't pay any of those costs. So when your product imposes all these costs and you don't pay them, the public steps in and pays them. Like the kids with asthma who are paying, rather than the fossil fuel companies." Roberts suggests "those externalities, as they're called, have always been the premise for a carbon tax, why we would want to put a tax on carbon so that you can recoup all these damages that the oil and gas industry are not paying for."

Still, setting aside how the package is to be paid for, Roberts concedes that he is "pleasantly surprised" about the "super-big and ambitious" package which includes, as he also details, a whole bunch of cool stuff that has received little coverage, since there is actually so much packed into the sweeping, long-overdue proposal.

How to get it passed, however --- and, specifically approved by "our emperor and benefactor Joe Manchin, long may He reign" --- is another matter, which we discuss in detail today as well.

"Where we are is so ludicrously far away from where we need to be, that it becomes difficult to judge anything in the middle," Roberts argues. "Is this a good big step or is it a grossly inadequate step? Yes. It's both. Everything we're going to do on climate change for the next decades will fit that description. It's going to be big and not big enough."

We then close today with a quick thought or two on a new statement from hundreds of companies and corporate executives in opposition to the GOP attempts to restrict voting rights around the country. We hope to have more time to discuss the matter on tomorrow's BradCast...

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New analysis finds stunning rise in RW domestic terror; Also: US 'out' of Afghanistan by 9/11/21; J&J vaccine 'paused'; Cop, police chief resign in MN; Appalling video of cops pepper-spraying black service member...
By Brad Friedman on 4/13/2021 6:41pm PT  

Hopefully today's BradCast, if nothing else, serves as a friendly reminder that Liz Cheney --- whether or not she met the incredibly low Republican bar by voting to impeach Donald Trump after the January 6th MAGA Mob insurrection at the U.S. Capitol --- is still not your friend, much less some sort of hero. [Audio link to full show is posted at end of summary below.]

Among the many news items and important insights and context covered on today's program...

  • The Biden Administration will finally withdraw the last of our 2,500 U.S. troops still deployed to Afghanistan by September 11th of this year, 20 years after the 9/11 attacks which resulted in our seemingly endless war there and elsewhere. For some reason we remain dubious about that exit date...even if we are hopeful.
  • The FDA and CDC are recommending a "pause" on the use of Johnson & Johnson's COVID vaccine after finding it led to rare blood clots in six women out of more than 3.8 doses administered in the U.S. For the record, the coronavirus, as of today, has killed more than 562,000 Americans to date, which is more deaths over the past year than 188 September 11th attacks.
  • After two nights of protests and unrest in Brooklyn Center, Minnesota --- a suburb outside of Minneapolis, where white, former cop Dereck Chauvin is currently on trial for the murder of George Floyd --- the city's Police Chief and 26-year officer Kim Potter resigned Tuesday following her Sunday killing of Daunte Wright. Potter says she accidentally shot the 20-year old black man while attempting to taze him after he was pulled over for expired tags on his vehicle. The incident was capture by Potter's body cam video released on Monday, the day after the shooting.
  • As disturbing as the video of Wright's killing was, another confrontation captured via body cam between cops and a black Hispanic man --- this one, a uniformed Army lieutenant named Caron Nazario --- is arguably even more disturbing for reasons we discuss on today's show. The incident, which included the berating and point-blank pepper-spraying at gun-point of an incredibly compliant and polite unarmed Nazario, occurred last December. The video tape, however, was only released publicly on Monday as part of Nazario's lawsuit against the abusive Windsor, Virginia police officers Joe Gutierrez and Daniel Crocker who pulled him over on a dark highway for a missing permanent license plate on his new car. (Temporary tags were in the window and clearly visible in the video tape.) Gutierrez has now resigned and Virginia's Attorney General has opened a civil rights investigation into the incident, one of undoubtedly thousands of similar ones not caught on viral video tape each year in America.
  • Wyoming's Republican Rep. Liz Cheney has been attacked by many in her party and lauded by some on the non-right for living up to the absolutely lowest expectations for a Republican these days after having voted in favor of the second impeachment of Trump in January, for his incitement of the U.S. Capitol attack. But, as we've noted on several occasions since then, nobody should mistake her for anything other than her diabolically rightwing father's daughter. That was made clear on Monday during an appearance with Georgetown’s Institute of Politics and Public Service when she appeared to condemn the radical extremism rampant in her own party while simultaneously "both sidesing" the matter with references to extremist in "both parties". Sorry, Liz. This isn't even close to a "both sides" issue. But, if there are still any question about that...
  • ...Disturbing new data released by the Center for Strategic and International Studies (CSIS), reaching back 25 years and analyzed by the Washington Post on Monday, finds "Domestic terrorism incidents have soared to new highs in the United States, driven chiefly by white-supremacist, anti-Muslim and anti-government extremists on the far right." And the numbers of both incidents and fatalities in recent years aren't even close to those attributed to "far left" attacks. We comb through the Post's analysis of the troubling data, while noting its alarming similarity to the warnings included in a 2009 DHS report on far-right domestic extremism that was ultimately retracted by the Obama Administration after Republicans pretended to be outraged about it (after saying nothing about a similar report regarding left-wing extremism released just prior.) Coincidentally we notice that WaPo's original headline for their analysis on Monday was "Domestic terrorism data shows right-wing violence on the rise." That was apparently quickly changed online yesterday to the more GOP-friendly "The rise of domestic extremism in America." We're sure Liz Cheney is delighted about that.
  • Finally, Desi Doyen joins us for our latest Green News Report, chocked full of troubling climate change news, as usual, but featuring at least one story that leaves us moderately more hopeful today...at least when it comes to the ability for warring battery makers to come together for the good of our not-a-moment-too-soon electric car future...

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Guest: Dr. Trita Parsi of the Quincy Inst. for Responsible Statecraft; Also: 10 more Dem Reps join insurrection lawsuit against Trump; Update on Amazon unionization vote in Alabama...
By Brad Friedman on 4/7/2021 6:43pm PT  

The long, necessary and arduous 'Clean up on Aisle 45' isn't only a domestic challenge. The disgraced former President also left a disastrous mess behind in hard won foreign alliances and unilaterally broken international agreements. On today's BradCast, we dive back into the landmark, 7-party nuclear accord with Iran which Donald Trump not only violated and broke, but specifically sabotaged thereafter in order to make it more difficult, if not impossible, for future American Presidents to restore. [Audio link to full show is posted below.]

But before we dive into that foreign mess today, the domestic disaster Trump unleashed on January 6th at the U.S. Capitol continues to reverberate. On Wednesday, 10 more members of Congress joined the federal civil suit filed against the former President in February by Mississippi's Democratic Rep. Bennie Thompson. The suit charges Trump violated the Ku Klux Klan Act of 1871 by inciting his supporters to block Congress from carrying out its Constitutional duty of counting and ratifying the Electoral College vote from the 2020 Presidential election.

The newly amended complaint, filed by the NAACP, also names Trump attorney Rudy Giuliani, the white supremacist group The Proud Boys (and several newly formed entities created after the legal dissolution of that extremist organization), as well as the Oath Keepers as defendants. It details the trauma suffered by the Congressional members during the deadly attack and in the days that followed.

In February, a 57-43 majority of the U.S. Senate, including 7 Republicans, found Trump guilty of "Incitement of Insurrection" during his historic second impeachment trial. The plaintiffs in the amended Thompson complaint seek both compensatory and punitive damages, as well as injunctive relief, with the dollar amount to be determined by jurors at a D.C. federal court trial.

Coincidentally today, the New York Times obtained an excerpt from a new book by former Republican U.S. House Speaker John Boehner who correctly writes that his party has been taken over by "whack jobs" and cites Trump as having "incited that bloody insurrection," charging him with "stoking the flames of conspiracy that turned into violence in the seat of our democracy."

Next, we turn to one of Trump's (many) foreign disasters, as talks began this week in Vienna, through intermediaries for the U.S. and Iran, in hopes of finding a way toward restoration of the landmark 2015 nuclear deal between the two countries. The pact was struck after years of delicate negotiation by the Obama Administration along with China, France, Russia, the UK and Germany. As you'll recall, Trump unilaterally violated the otherwise successful deal that curbed Iran's nuclear program and removed stockpiles of uranium from the country in exchange for the lifting of certain sanctions against the Islamic Republic.

Even though the Trump Administration confirmed Iran's compliance with the terms of the deal, the 45th President nonetheless violated it by by pulling the U.S. out and re-imposing punishing sanctions. According to our guest today, however, that's not all he did. Trump also imposed additional punishing sanctions and did so in a way that would cripple the ability for any future President to lift them and return to the agreement.

We're joined today by DR. TRITA PARSI, Middle East foreign policy expert and Executive Vice President of the Quincy Institute for Responsible Statecraft. Parsi, who also co-founded the National Iranian American Council, the largest Iranian-American grassroots organization in the U.S., worked as an advisor to the Obama White House during the complicated negotiations for the 2015 deal, known as the Joint Comprehensive Plan of Action (or JCPOA). He documents those efforts in his book, Losing an Enemy: Obama, Iran, and the Triumph of Diplomacy.

Today, Parsi details Trump's sabotage of the JCPOA, and the clever trick employed by the Administration to make it far more difficult to lift the "sanctions wall" they imposed. While his Administration was a failure at just about everything else, Parsi quips, "I don't think anyone actually has accused them of being bad at destruction. At destruction they actually excelled quite well, and in almost an unprecedented and unparalleled way."

During the conversation, he goes on to explains the clear --- if difficult --- road back toward restoration of the accord; discusses the week's encouraging news out of Vienna; outlines the urgency of the talks just two months before new elections are held in Iran; and offers insight on the price the U.S. may now have to pay in order to win back the trust of the Iranians after the U.S. violated the hard-won terms of the agreement.

"To put it into context," Parsi tells me, "the Iranians just signed a 25-year agreement with the Chinese. The Iranians probably do not care at all who comes in and replaces [Chinese President] Xi, they don't care who is the head of the Communist Party, because they have confidence that the Chinese are going to keep their word. Whereas on our end, unfortunately, we couldn't keep an agreement for two years, even one that we were the lead negotiator of."

In some related-ish news which broke during our conversation with Parsi, the Biden Administration announced plans to restore some $325 million in U.S. humanitarian assistance to Palestinians which had been terminated by the Trump Administration.

Finally, we close today with an update on the landmark unionization vote at the Amazon warehouse in Bessemer, Alabama, at what would be the first such facility in the U.S. for the retail giant where workers win collective bargaining rights. Voting in the mail-in election ended about a week and a half ago. So what's the delay in learning the results? I explain the complicated process the federal National Labor Relations Board must carry out in tallying the secret ballots from the company's 5,800 warehouse workers in Bessemer. Long story short: We may be hearing news of the results fairly soon...

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Guest: Susan Greenhalgh, Senior Election Security Advisor at Free Speech for People; Also: Officer killed in new U.S. Capitol attack; MLB pulls All-Star game out of GA; Boehner's message for Cruz...
By Brad Friedman on 4/2/2021 7:37pm PT  

We've got another sorry tale on today's BradCast of yet another federal "watchdog" agency clearly captured by the industry corporations that it is supposed to be overseeing and/or regulating. This time, democracy itself is at stake. [Audio link to full show is posted below this summary.]

But first up today, we had quite a bit of breaking news just before airtime. For a start, the U.S. Capitol was locked down on Friday after two Capitol Police officers were rammed in a violent attack with a vehicle. One of the officers, an 18-year veteran, was killed. The other was said to be "fighting for his life" as of airtime. After ramming the officer, the assailant is said to have "lunged" at officers with a knife and was subsequently shot and killed. The assault was the most serious threat on the Capitol since the Donald Trump-incited insurrection on January 6th, which killed five, including one U.S. Capitol Police officer. Two more officers took their lives in the ensuing days after that attack by Trump supporters attempting to stop Congressional ratification of Joe Biden's 2020 Electoral College victory.

That attack --- and Trump's evidence-free Big Lie about his loss being the result of "fraud" --- continues to reverberate almost three months since the MAGA Mob's assault on U.S. democracy. Last week, Georgia's Republican-dominated state legislature adopted a massive voter suppression bill that will make it more difficult to vote by, among other things, requiring additional forms of ID for mail voting, limiting absentee ballot drop-boxes and early voting hours, and banning the distribution of food or beverages to voters forced to wait hours on line. It would also allow partisan GOP officials to undermine County Boards of Election and even overturn results. The state's Governor, Brian Kemp (R), signed the sweeping bill almost immediately after it passed both chambers of the state legislature in a matter of hours.

This week, after some 70 Black corporate executives spoke out against the transparent attempt to making voting more difficult for minorities in the state, a cascade of other corporate entities --- including Delta Airlines and Coca-Cola, both based in Atlanta --- finally decided to speak out in favor of democracy and against voter suppression. And then, on Friday, shortly before today's show, Major League Baseball announced they will be moving the All-Star Game and MLB Draft, previously set for July in Atlanta, to another state in response to the GOP attack on voting.

And, as Georgia Republicans pushed back on Delta Airlines this week for belatedly standing up for the right to vote, Gov. Kemp took his shot at the company by accusing its CEO of "false attacks" by claiming misleadingly in a statement: "The last time I flew Delta I had to show my ID."

But Kemp, the state's former Sec. of State, certainly knows that flying is a privilege, where voting is a right. He also likely knows that, no, an ID is not required to fly on Delta or any other airline. As clearly explained on the TSA.gov website...

In the event you arrive at the airport without valid identification...you may still be allowed to fly. The TSA officer may ask you to complete an identity verification process which includes collecting information such as your name, current address, and other personal information to confirm your identity. If your identity is confirmed, you will be allowed [to fly].

In the meantime, as to real --- versus imagined or opportunistic and partisan --- threats of fraud in our elections, the U.S. Election Assistance Commission (EAC), the federal agency tasked with overseeing voting system security standards, is continuing the woeful job it has done since its creation by the Help America Vote Act of 2002. Since its inception, as we have documented at The BRAD BLOG for almost 20 years, the EAC has largely been captured by the private voting system vendors whose systems they are supposed to be testing, overseeing, regulating and certifying as meeting minimal standards.

For years, the EAC has consistently helped mislead the public regarding the dangers of modems inside of computer voting and tabulation systems. The EAC's original Voluntary Voting System Guidelines (VVSG), created about 15 years ago, allowed for use of the devices which cybersecurity experts have long warned can be used to introduce malware into systems that could disrupt elections or change results.

In August of 2019, as we detailed on the program at the time with cybsersecurity journalist Kim Zetter, a group of security and voting systems experts discovered "nearly three dozen backend election systems in 10 states connected to the internet over the last year, including some in critical swing states" such as Wisconsin, Michigan and Florida. In January of 2020, almost six months after Zetter's exclusive and disturbing report, Cynthia McFadden followed up with her own report at NBC News, in which, despite federal officials repeatedly and falsely declaring that "U.S. voting systems are never connected to the Internet," the President of the nation's largest vendor, Elections Systems and Software, Inc. (ES&S), conceded that at least 14,000 of the company's modems were being used in vulnerable voting and tabulation systems across the country, even as the 2020 election cycle was getting under way.

Nonetheless, over the last five years, the EAC has been working with stakeholders --- from elections officials to cybersecurity experts to vendors --- to develop new minimum security standards for the nation's voting systems, which they call VVSG 2.0. The good news is that the draft of those final standards for the VVSG 2.0, made available for public comment last Summer, included a ban on modems and other wireless communications devices in computerized voting and tabulation systems.

The bad news: After the public comment period and before the new standards were officially adopted by the EAC Commissioners, they apparently met in secret with several vendors and quietly changed the new standards to once again allow for modems and other wireless communications devices in new voting systems.

After the standards changed and weakened without public notice, the non-partisan government watchdog, Free Speech for People (FSFP), filed public records requests for documentation of the non-public meetings between EAC officials and the voting machine companies. Despite acknowledging hundreds of pages of existing documents responsive to the request, according to our guest today, the EAC failed to turn over any of it to the group. Now, FSFP is suing the EAC for those documents.

We're joined today by longtime election integrity advocate SUSAN GREENHALGH, Senior Advisor on Election Security at FSFP, to explain the organization's lawsuit [PDF], and the latest, extraordinary failure to protect our elections by the corporate-captured EAC.

"We have a real lack of leadership from the federal agency that's supposed to be helping assist election officials run election more efficiently, securely, accessibly and transparently at the EAC," Greenhalgh explains, charging "they're letting the vendors help weaken the standards directly."

"The EAC is way, way too deferential to the vendors," she says. "They need to either do the right thing and do their job, or they need get out of the lane and come up with some other way. Because there's an expectation by members of Congress that this is being taken care of, that the EAC is doing their job, they're developing the standards, they're testing voting systems. Unless you scratch the surface and find out what's really going on, you might think on the outside that they're doing their job, and they're not. They're taking up that space, and that makes us all less safe and secure in our elections."

There is, as you might guess, much more that Greenhalgh has to explain about this ongoing mess and FSFP's legal efforts to crack open the EAC blockade.

Finally, we close today with a rather hilarious audio message from former, George W. Bush-era Republican House Speaker John Boehner, to Texas' Trumpy, conspiracy-loving U.S. Senator Ted Cruz...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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