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Latest Featured Reports | Friday, September 30, 2022
Keeping Up With Ian and Trump's GOP Fraudsters: 'BradCast' 9/29/22
Guest: Nicole Sandler from FL; Also: Election tampering charges in MI; Bad days in court for Powell, Dobbs, Fox 'News'; Trump's corrupt MAL judge strikes again...
'Green News Report' 9/29/22
  w/ Brad & Desi
Hurricane Ian smashes records, pummels FL; Manchin's permitting reform bill collapses; New probe for PG&E; PLUS: Mysterious breaches erupt on Russian gas pipelines to Europe...
Recent GNRs: 9/27/22 - 9/22/22 - Archives...
KS Abortion Referendum Data Suggest Women Being Under-Counted in Midterm Polling: 'BradCast' 9/28/22
Guest: Tom Bonier of TargetSmart; Also: Hurricane Ian storms ashore in FL...
Critical Elections, Catastrophic Storm Bear Down: 'BradCast' 9/27/22
Poll workers needed!; Ian closing in on FL; Scofflaw TX A.G. flees process server; Congress nears Electoral Count Act update; Listener mail...
'Green News Report' 9/27/22
  w/ Brad & Desi
Ian takes aim at Florida; Fiona broke records in Canada; Noru pummels Philippines; Winter fuel prices soar; PLUS: Pacific Island nations call for fossil fuel non-proliferation treaty at U.N.
Recent GNRs: 9/22/22 - 9/20/22 - Archives...
'Gold Standard' SCOTUS Poll Finds Majority of Americans Support Expansion of High Court: 'BradCast' 9/26/22
Also: Disinformationists; Fascism rising; Hurricane Ian threatens FL; Callers ring in...
Sunday 'Heavy Traffic' Toons
Be sure to check PDiddie's latest collection of the week's best toons before crossing state borders. You're welcome!...
Trump, Lindell, Ginni Thomas --- Geniuses All!:
'BradCast' 9/22/22
GOP election conspiracists have bad lawyers; Also: Garland's moving (and telling) remarks at swearing-in of new American citizens...
'Green News Report' 9/22/22
  w/ Brad & Desi
U.N. Sec-Gen wants fossil fuel industry to pay up; New plastics initiative; Puerto Rico still lacking power and clean water; PLUS: Senate approves first climate treaty in decades...
Recent GNRs: 9/20/22 - 9/15/22 - Archives...
It's National Voter Registration Day!
(Who Knew?): 'BradCast' 9/20/22
Also: Beer shortage?!; More on DeSantis' migrant scam; Electoral Count Act reform news; Good (and bad) news for disabled voters; Much more...
'Green News Report' 9/20/22
Simultaneous storms, in Puerto Rico, Alaska, Japan; Climate change juiced Pakistan floods; Aussie energy turnabout; PLUS: Plastics plant blocked in LA...
Kidnapping is a Crime. Will DeSantis Be Held Accountable for It?: 'BradCast' 9/19/22
Also: Media still pulling punches on GOP; Elizabeth finally buried, so will CNN finally cover weekend's THREE hurricane landfalls?!; Plus, callers!...
Sunday 'Pawn' Toons
Make your move to PDiddie's latest collection of the week's best political toons...
Reagan's Big Government Gift to Big Pharma is Still Giving, Killing: 'BradCast' 9/16/22
Guest: Ernest A. Canning; Also: Trump's failed GA election theft; NH GOP Sen. nom flip-flops on 2020 denial; Patagonia gives away company to save planet...
More Good News for Ds; More Fraud Accountability for Rs: 'BradCast' 9/15/22
Biden approval up, strike averted; Trump NY fraud; Feds probe Lindell CO fraud; Fraud probe of MI GOP A.G. nom; NY Election Commish charged w/ absentee vote fraud...
'Green News Report' 9/15/22
U.N. says world in 'uncharted climate territory'; Summer 2022 hottest ever; Clean energy will save world $12 trillion; PLUS: Biden touts IRA, national EV charging network...
'Groundbreaking' Victory for CA's Half-Million Fast-Food Workers: 'BradCast' 9/14/22
Guest: TAP's Harold Meyerson; Also: Rail worker strike looms; Noteworthy primary results from DE, RI, NH...
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...


Also: Beer shortage?!; More on DeSantis' migrant scam; Electoral Count Act reform news; Good (and bad) news for disabled voters...
By Brad Friedman on 9/20/2022 6:38pm PT  

Today's BradCast starts off with a show-stopper! Everything else thereafter, well, you'll decide for yourself. [Audio link to full show follows below this summary.]

On today's program...

  • Since it's, apparently, National Voter Registration Day today (yes, that's a thing), we thought we'd celebrate by starting off with a fantastic new lyric rewrite video from the cast of Broadway's Hamilton. They've updated a song from the show called "The Election of 1800" to a new version called "The Election of 2022" to raise awareness of the importance of voting this year. Their effort is in partnership with Michelle Obama's When We All Vote and Vote Riders. But for help in registering to vote, checking to make sure your registration still exists (and is at the address where you actually live), and for information on the type of ID required to vote where you live, I recommend either the DNC's IWillVote.com app or the federal government's Vote.gov. Both sites allow you to check your registration or register to vote without having to give information to a third party. And, since merely voting is no longer enough, we are officially enlisting you to spread the word to others on all of this! Ask your friends, co-workers, neighbors etc., if they are registered to vote; help them do so, if not; make sure they get to the polls to vote by November 8 this year, etc. etc. Yes, it's that important this year!
  • There is a weird beer shortage looming! Why? Lack of carbon dioxide due to contamination at an extinct volcano in Mississippi. Yes, I realize that sounds bizarre --- especially given the deadly over-abundance of CO2 in our atmosphere, causing our deadly climate crisis --- but, well...tune in for the full bizarre explanation.
  • On yesterday's program, we detailed some of the apparent federal criminal statutes, such as kidnapping, that Florida Gov. Ron DeSantis seems to have violated when he shipped 48 Venezuelan migrants from San Antonio, Texas to Martha's Vineyard, Massachusetts on behalf of the state of Florida. We noted that requests had been made to the MA Attorney General U.S. Attorney's office in the state to investigate whether laws were violated. But shortly after airtime yesterday, news broke that Bexar County (San Antonio), Texas Sheriff's office has opened a criminal investigation into the matter. Good news!
  • As to what actually happened --- versus what DeSantis is claiming --- TPM's Josh Marshall has been trying to do some digging, after first noting that the initial story "Doesn't Add Up". Why did DeSantis hunt down migrants in Texas seeking asylum to entice (with false promises) to go to Massachusetts? Are there no migrants in Florida that could have been similarly abused, since the Florida state legislature has set allocated some $12 million to use to transport migrants out of the state (as opposed to out of the state of Texas)?! Who is this mysterious "Perla" character who has been identified as having recruited the migrants and organized luxury corporate jets to fly theme to MA? And, though the Florida Governor and Presidential hopeful is refusing to offer specifics, what clues can be gleaned about all of this from some of the statements that he has made, referencing a "contractor" or "vendor" who seems to have been hired for all of this, rather than government workers. In other words, what the hell is really going on here?
  • Then, in some election law related news today, the House January 6 Select Committee Vice-Chair Liz Cheney (R-WY) and committee member Zoe Lofgren (D-CA) detailed proposed reforms to the Electoral Count Act, over the weekend. The Committee, they explain, hopes to make it more difficult in the future to steal elections via the Electoral College, as Donald Trump attempted to do on January 6, 2021. The new measure, officially introduced by the Committee in the House on Monday, is called the Presidential Election Reform Act. It would clarify the role of the Vice President on January 6 as purely ministerial; increase the number of Representative and Senators required to challenge any state's Electoral College votes; offer legal options to Presidential candidates in the event that a state fails to certify its Electoral Votes (as a number of GOP candidates for Governor and Sec. of State this year have said they would have done in 2020, had they been in office at the time); and prevents state legislatures from changing the rules for determining election results after the election has already started. The House measure is similar to one recently introduced by a bipartisan group in the Senate, and would need to be reconciled with that version if both versions are successfully brought to a vote in each chamber.
  • Some good news --- and some troubling news --- for disabled voters. New voting restrictions adopted by Republicans in several different states have made it literally impossible for some disabled voters to vote at all without breaking the law. For example, a Wisconsin law had mandated that nobody other than the voter him or herself could place an absentee ballot in a mailbox. That means that those without use of their arms --- such as voters suffering from advanced multiple sclerosis or who may have been injured --- might not be able to vote absentee at all. A recent federal court victory in WI will at least allow disabled voters in that state to receive assistance when casting their ballot. But several other states, such as Kansas, Iowa, Kentucky and Missouri, still have measures in place that could make it impossible --- and/or illegal --- for some disabled voters to vote at all in 2022 and beyond.
  • Finally, Desi Doyen joins us for our latest Green News Report, as three major storms made simultaneous, catastrophic landfall in Puerto Rico, Alaska and Japan over the weekend; a new report finds climate change made Pakistan's recent catastrophic flooding much much worse; better news in Australia where the nation, until recently controlled by climate change deniers, is finally moving to reduce carbon emissions; and, in Louisiana, a court has blocked the construction of a massive, toxic plastics plant in area of the state known as "Cancer Alley"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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New poll finds democracy now top issue for voters; Also: Latest Trump accountability news; Midterm election news; Callers ring in on why they're voting this November...
By Brad Friedman on 8/22/2022 6:24pm PT  

Longtime listeners of The BradCast know that we see democracy as pretty much the number one issue that makes pretty much everything else possible. Even the climate crisis comes second for that reason. Congressional Democrats, on the other hand, have yet to make the threat that democracy itself now faces in America, thanks to Donald Trump and his GOP, much of a campaign issue. That's both curious and troubling, particularly following a new poll out today finding that democracy is "the most important issue facing the country for a plurality of registered voters." [Audio link to full show follows this summary.]

Among the many stories covered on today's show --- followed by some great callers in the second half today...

  • On Sunday, a federal appeals court gave Sen. Lindsey Graham (R-SC) a short reprieve from his scheduled testimony before the special grand jury in Georgia investigating the Trump-led criminal conspiracy to try and steal Georgia's 2020 election. Graham, who reportedly called the GA Sec. of State to see if it might be possible to toss thousands of lawfully cast votes, claims he was just doing his job as a Senator...from South Carolina...and has absolute immunity under the Constitution's "speech and debate" clause. His reprieve [PDF] from Fulton County District Attorney Fani Willis' probe is unlikely to last for long.
  • A different federal appeals court ruled on Friday that the Justice Department must release a memo written by its Office of Legal Counsel (OLC) during the Trump Administration, regarding then-Attorney General Bill Barr's decision to not charge the former President for some ten instances of obstruction of Robert Mueller's Special Counsel investigation into Russia's interference in the 2016 election. The DoJ claimed the memo, sought by a good government watchdog group under FOIA laws, was exempt from disclosure because it was part of the deliberative process in deciding whether or not to charge Trump. In fact, as a lower court previously determined, the memo was written after the DoJ had already determined they would not charge Trump.
  • Then, we move from the 2016 and 2020 elections back to the current one, now just 78 days away, when political pundits had long been telling us that Democrats would take a shellacking in Congress this November. But, as we've long noted, that Conventional Wisdom is by no means a certainty during these decidedly UNconventional times. Among the latest examples from 2022's UNconventional Times files, emotional remarks last week from a Republican South Carolina lawmaker who regrets his vote --- just weeks after casting it --- to restrict abortion in the state. He relates a disturbing story of a pregnant 19-year old woman whose water broke at 15 weeks, making the pregnancy unviable. But thanks to the state's new "fetal heartbeat" law, attorneys advised her doctors they could not extract the fetus until its heart stopped beating...two weeks later. She could have lost her uterus or even died during the interim. We share some of the state Rep's emotional response and his reasons for refusing to vote in favor of an even more draconian restriction on reproductive freedom now moving through the SC state legislature.
  • Still more today from the UNconventional Times file: Signs that inflation appears to be coming down on tons of products whose prices had surged last year. And signs, along with it, that pandemic supply chain snarls appear to finally be easing up as well.
  • Of course, all of that good news for American consumers is bad news for Republicans who have been hoping for a terrible economy to help them win back majorities in Congress this November. A new forecast from Fox "News" out today, however, finds that to be less and less likely as polling and other conditions continue to trend back in favor of Democrats. It's still an uphill climb for them in the gerrymandered House, but the GOP is clearly getting nervous. We discuss.
  • At the same time, in a lengthy deep-dive, Politico Magazine reported over the weekend that a number of old school Dems from the Carter Administration are concerned that Congressional Democrats are not making enough of a campaign issue out of the threat that Republicans now pose to American democracy itself. That, following Trump's January 6, 2021 U.S. Capitol insurrection and the boatload of bat-crap insane, Trump-endorsed 2020 election deniers who have been nominated for key positions to help decide the 2024 election in swing-states and non-swing-states alike this year. While Congressional Dems offer a reasonable argument for why they have been sticking with other issues this year --- "from energy and the environment to education, roads and infrastructure, abortion, health care, Trump and guns" --- rather than the threat posed by Republicans to democracy itself....
  • So, what do our listeners care most about this November? What issues are leading them to vote (or not vote)? We open the phones to find out and get some very good callers in response including a fun one from a confused Republican...

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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The Everything-Everywhere-All-At-Once Era continues... And we continue to try and help you (and us) make sense of it all...
By Brad Friedman on 8/18/2022 7:07pm PT  

Years ago, the month of August was considered the slowest news month of the year. Those years are obviously over. [Audio link to full show follows this summary.]

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

  • There are some huge economic advantages on the horizon for large companies who transition their fleets to all-electric vehicles, including 18-wheelers. A writer at Torque News recently broke down the "staggering economics" in "fuel" savings for a 200-mile trip in the coming-very-soon Tesla Semi. The calculation finds, the costs for such a trip would plummet from about $170 now to just $28 in an all-electric semi-truck, an 83% reduction! (Not to mention the savings in lower maintenance costs "due to no engine and oil changes" and, yes, most critically, savings for the planet in huge cuts to carbon emissions amid our worsening climate crisis!)
  • And speaking of climate emergencies...A new federal study out today from the Dept. of Energy largely confirms several recent independent analyses finding the Democrats' newly-signed Inflation Reduction Act --- which invests nearly $400 billion to move the nation from dirty, deadly fossil fuels to clean, renewable energy --- will cut greenhouse gas emissions causing climate change by about 40% by 2030. It will remove more than one billion tons of heat-trapping gasses, including cutting 35 tons for every one that it adds, according to the study. As we discuss, while there are valid criticisms of the law as passed with several giveaways to the fossil fuel industry in order to win Joe Manchin's vote. But ya gotta start somewhere. And this is a very good start. Want even more climate action? (We do!) Then elect more Democrats to Congress this year, since the IRA passed with the barest of Democratic majorities in both chambers of Congress without the support of one single Republican --- a party which still, in 2022, describes climate change as "a hoax"!
  • And speaking of denial...On Tuesday in Wyoming, GOP voters elected a Trump-backed 2020 election denier to become the state's next chief election official. Because no Democrat ran for the job, it means the winner on Tuesday, Chuck Gray, will become WY's next Secretary of State. Of course, it's a very Republican state (Trump won 70% of the vote in 2020), but there are now 2020 election deniers running to become chief state election officials in five battlegrounds states: Mark Finchem (Arizona); Kristina Karamo (Michigan); Kim Crockett (Minnesota); Jim Marchant (Nevada); Audrey Trujillo (New Mexico). While the 2022 election will be about a lot of things, it will likely prove to be about the 2024 election --- and the survival of American democracy --- as much as anything else.
  • And, speaking of even more election deniers...One GOP 2020 election denier who won't be a Republican Party nominee for Secretary of State this year is Tina Peters. She is the Mesa County, Colorado Clerk who has been indicted on 7 felonies and 3 misdemeanors related to making unlawful copies of her county's sensitive Election Management System Software in the middle of the night, and allowing it to be released to the public to make hacking future elections easier. Last month, Peters ran for the GOP nomination to become Colorado Sec. of State. She lost. By a lot. Nonetheless, she raised $250,000 for a statewide recount and...lost again. She gained just 13 votes in the re-tally out of the 90,000 votes needed to defeat the GOP's nominee, Pam Anderson. (Anderson will run against incumbent Democratic Sec. of State Jena Griswold in November.) But Colorado does statewide recounts by employing the same computers to re-tally hand-marked paper ballots that tallied them (either correctly or incorrectly) in the first place, rather than hand-counting them. While Peters is a duped rightwing loon, even duped rightwing loons deserve to know for certain if they won or lost an election. If candidates are willing to follow the law and raise the money to pay for a hand-count, they should be allowed to have one. Such counts will help, not hurt, to regain confidence in our electoral system after it has been so grievously harmed by the lies of Donald Trump and his party.
  • And speaking of hand-recounts...A group of anti-choice activists in Kansas this week had sought a statewide hand-count of the ballot initiative this month that would have rewritten the state Constitutional to allow Republicans to ban abortion rights. The measure failed by a stunning 165,000 votes (18 points), according to computer tallies. But the activists failed to raise the $229,000 needed for a full, statewide count, so they are settling for hand-counts in just nine counties. If supporters of the failed referendum want to spend their money on a hand-count to make sure it really really failed, that's perfectly fine by us, and likely to prove a good thing for our faltering democracy after Trump and his party have worked so hard to undermine confidence in it.
  • And speaking of confidence-men...The Trump Organization's longtime Chief Financial Officer, Allen Weisselberg, pleaded guilty in state court on Thursday to all 15 criminal counts related to tax fraud that he was charged with last year, along with the Trump Organization itself, by the Manhattan District Attorney's office. Weisselberg will not be cooperating with prosecutors in their criminal investigation of Trump himself. But he has agreed, as part of his plea deal, to testify truthfully for the prosecution in the company's upcoming fraud trial in October. If he does so, the 75-year old will then be sentenced to just 5 months in Rikers Island, will have to pay nearly $2 million in taxes, penalties and interest, and face five years of probation. He remains an employee of the Trump Organization even after being indicted and even after pleading guilty to all charges.
  • And speaking of attempts at accountability for the disgraced former President...A federal magistrate judge in Florida --- the same one who signed the FBI's warrant for a search at Mar-a-Lago last week finding "probable cause" that Trump violated the Espionage Act and several other federal statutes --- is considering the release of a redacted version of the affidavit the Dept. of Justice submitted to obtain the warrant. The DoJ strongly objects to its release, even with redactions. Nonetheless, the Judge ordered the Department to submit a redacted version of the affidavit by next week and said during his bench order that he will consider its release in a "careful process".
  • Finally...Desi Doyen joins us for our latest Green News Report following President Biden's signing of the largest single investment to take on the climate crisis by any nation. The historic bill was followed by Massachusetts' Governor signing a sweeping new climate and energy law this week. Both new laws can't have come soon enough, as several other stories Desi covers today, regarding unprecedented water worries in the U.S. West, make abundantly clear...

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: Former Asst. U.S. Attorney, Randall D. Eliason; Also: Inflation slowing?; Noteworthy primary results from CT, MN, VT, WI (and WA)...
By Brad Friedman on 8/10/2022 5:57pm PT  

Remember during the 2016 Presidential election when Donald Trump repeated over and over how only mobsters plead the Fifth Amendment? Yeah, so does he, as discussed on today's BradCast . And yet, he repeatedly took the Fifth for some four hours in a row during his deposition in New York today. [Audio link to full show follows below this summary.]

Before we get to those details and the related story of the FBI search at Trump's home in Florida on Monday...Good news for Americans is, of course, bad news for Republicans. According to new numbers released by the Department of Labor on Wednesday, inflation may now be slowing, along with gas prices which fell in July by roughly 20%. Obviously, that is completely thanks to the brilliant policies of President Joe Biden. (It's not, but since the GOP blamed him for inflation and the rise in prices at the pump, it seems only fair to give him all the credit when the numbers go the other way.)

Next, our highly selective and curated coverage of noteworthy results from Tuesday's primary elections in four states --- Connecticut, Minnesota, Vermont and Wisconsin. (And one last noteworthy race called from last week's primary in the state of Washington.) Here too, good news for far-right MAGA Republican voters may turn out to be very bad news for them in November. If not, it's likely to be very bad news for American democracy in advance of the 2024 elections. Many of Trump's endorsed candidates, all of whom are 2020 election deniers, are winning GOP nominations for offices likely to be critical during the 2024 Presidential election, if those candidates are successful in the 2022 election. We cover a bunch of them today, with appropriate warnings, along with a number of the encouraging Democratic victories on Tuesday.

Then, Trump's horrible, no good, very VERY bad week continues to get worse. Of course, that is good news for the bulk of Americans who actually do believe in law and order and accountability and stuff. On Wednesday, Trump finally sat down for the under oath deposition he has fought so hard against in New York Attorney General Letitia James' civil probe into his and the Trump Organization's years of apparent bank, tax and insurance fraud. For four hours, he repeatedly exercised his Constitutional Fifth Amendment right not to incriminate himself, despite claiming for years --- or, at least while he was running for President in 2016 --- that doing so is "horrible, horrible, horrible" and "disgraceful" because "if you're innocent, why are you taking the Fifth Amendment?"

(As it turns out, Trump invoked the Fifth nearly 100 times during his 1990 divorce deposition as well. His own kid, Eric, one of the titular heads of the Trump Organization while Trump was in office, invoked the privilege more than 500 times when he was deposed in the James' probe back in 2020. And, over the past several days, two of his other kids, Don Jr. and Ivanka, were also reportedly deposed. Any guess what they might have done?)

All of this, of course, comes on the heels of the FBI executing a search warrant at Trump's Mar-a-Lago home on Monday, though we still don't actually know what they were looking for nor which of the several federal criminal investigations Trump is the focus of it pertained to. Trump does. It says as much on the warrant he has in his possession. He's just not telling anyone, while describing the matter (as usual) as a "political witch hunt" and declaring that it means the U.S. is now a "broken, Third-World Country."

We're joined today for some really helpful insight into both of these ongoing cases by former Asst. U.S. Attorney in D.C. and chief of the DoJ Public Corruption/Government Fraud section, RANDALL D. ELIASON.

As usual, Eliason, who now teaches law with a focus on white collar crime at George Washington University Law School, is able to offer clear, straight-forward facts on what much of cable news has been speculating about over the past 72 hours or so.

For example, what's the difference between a "raid", as Trump and many on the Right are describing what happened in South Florida on Monday, and the lawful exercise of a search warrant, approved by a federal judge? "I'm not sure if there is a universally agreed-upon definition of a raid," he explains, "but I think the most likely definition is it's a raid if it happens to you."

In response to the reports of Trump pleading the Fifth in his NY fraud case, Eliason doesn't think it's "terribly surprising, given what we know" about both the case and the former President, but he goes on to lay out both the difference between a civil case (such as the James') and a criminal probe, and how the Fifth Amendment can be used against Trump in the former, but not the latter, even if it may help criminal prosecutors, like the Manhattan District Attorney, identify where the disgraced former President himself believes he has potentially committed a crime.

Eliason explains what material would be revealed by the portion of the FBI search warrant from Mar-a-Lago that is now in Trump's possession, even as he is refusing to disclose it. "It has to cite the statutes that the investigators believe might have been violated," he says, while noting that there is nothing that legally prevents Trump from releasing it tothe public. Also, he asserts, Trump would, by now, "have an inventory of what was seized" by the FBI, even if he has also failed to release that information as well, despite his many claims of innocence and being a victim.

We also discuss the hurdles that would have to have been cleared by Trump-appointed FBI Director Christopher Wray, Biden-appointed U.S. Attorney General Merrick Garland, as well as the federal magistrate judge who finally approved the Mar-a-Lago search warrant. (Eliason also breaks down the difference between a federal judge and a federal magistrate judge, who Florida's Republican Sen. Marco Rubio suggested on Fox "News" last night, isn't actually a real judge.)

"Given the outcry that you know was going to result from this, and that we've actually seen, you'd want something far beyond just 'probable cause'," argues Eliason, a contributing columnist at the Washington Post and at his own Sidebars Blog. "The DoJ is not going to do this in a marginal case. Before taking this kind of extraordinary, unprecedented step, they're going to really be sure they've got substantial proof, and that it's something really important that they're going after."

As far as what they're "going after"? Well, nobody --- other than Trump, his attorneys and the FBI, DoJ and a federal judge --- actually knows at this point. There has been much TrumpWorld-sourced reportage that this all has something to do with the more than 15 boxes of Presidential Records, many of them highly classified, according to the National Archives, that Trump absconded with to Florida after leaving the White House. But none of that is actually confirmed.

I convince the usually quite careful Eliason to offer his own speculation about what the FBI could be looking for that would involve such a monumental and politically fraught step as obtaining a search warrant for the home of a former President. "Most people are speculating about these crimes that involve Presidential Records," he says. "If that's all it was, and it was relatively routine stuff, I would be surprised that they'd take this kind of step. That makes me think either the documents themselves are something extraordinarily sensitive, and potentially dangerous to national security, or that there's something else going on."

What might that "something else" be, according to Eliason? For that, you'll need to tune in...

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Also: Important late results from last week's AZ and WA primaries; MI's GOP A.G. nominee facing criminal probe; Federal appeals court approves release of Trump tax returns to Congress...
By Brad Friedman on 8/9/2022 7:06pm PT  

On today's BradCast: Given the unprecedented breadth of the late-breaking news on Monday, we know remarkably little so far about what actually happened at Donald Trump's Florida estate and why it happened. Not that that has prevented anyone in these United States from speculating about it since then. [Audio link to full show is posted below this summary.]

The news of the FBI's Monday search of Mar-a-Lago literally broke about one second after we signed off from Monday's show and, like the rest of the nation, we've been trying to make sense of it ever since. But, before we get there today, a few other news items of note that are being buried under all of the rest of the news items of note.

Today was primary election day in Connecticut, Minnesota, Vermont and Wisconsin. Happily, so far, we've heard few reports of problems for voters at the polls. As usual, we'll have noteworthy results on tomorrow's show.

There are, however, several important results from last week's primaries in several states that were "called" by the media over the weekend, and some that are still too close to call. Most noteworthy is the weekend call for the GOP Gubernatorial nomination in Arizona, where far-right, Trump-endorsed 2020 election denialist and former TV news anchor Kari Lake was declared the winner. She'll now face off with Democratic nominee, Sec. of State Katie Hobbs in November. Like AZ's Republican nominee for Sec. of State, Mark Finchem --- and despite all counts and recounts confirming Joe Biden's victory there in 2020 --- Lake has said she wouldn't have certified the state's electors in 2020 for the guy who voters actually chose. That makes both her race for Governor and Finchem's for SoS among the most critical contests in the nation this November, in advance of the 2024 Presidential election. (Finchem will face the Democratic nominee, former Maricopa County Recorder Adrian Fontes in the SoS contest in the fall.)

The entire top of the ticket in Michigan is similarly perilous this year, with Republicans having nominated Trump-endorsed 2020 election deniers and conspiracy loons to take on all three Democratic incumbents for Governor, Attorney General and Secretary of State. Reuters, however, broke the exclusive news this week that the state's GOP Attorney General nominee, Matthew DePerno, "led a team that gained unauthorized access to voting equipment while hunting for evidence to support former President Donald Trump’s false election-fraud claims." That now places DePerno --- seeking to become the state's chief law enforcement officer --- squarely at the center of Democratic Attorney General Dana Nessel's criminal probe of several such incidents in MI following the 2020 election, as based on criminal referrals by Sec. of State Jocelyn Benson. It also means Nessel will now likely need to recuse herself and her office from probing her own November challenger. Over the weekend, at a CPAC rally in Dallas, Trump praised DePerno, ironically vowing that "he's going to make sure that you are going to have law and order and fair elections."

The reported unlawful breach of sensitive voting system software by DePerno is now added to a growing list of similar incidents across the country, such as Mesa County, Colorado Clerk, Tina Peters (who has been charged with 7 felonies and 3 misdemeanors related to her own election fraud related breach of her county's voting system software) and the GOP Board of Elections in Coffee County, Georgia (who allegedly allowed a similar breach of the voting system there, followed by an apparent cover-up of the incident by Georgia's Republican Sec. of State Brad Raffensperger.)

Then, we get to Trump's no good, very very bad week, as news broke this afternoon that a three-judge federal appeals court panel in D.C. decided unanimously that, yes, the U.S. House Ways and Means Committee may indeed have access to Trump's tax returns. This is part of a years-long legal battle, where Trump now has just two appeals options left.

But that problem likely pales in comparison for the disgraced former President to what happened at Trump's South Florida home on Monday, while he was in New York to give a sworn deposition to the state Attorney General, Letitia James, who is investigating him, his kids and his Trump Organization for tax, bank and insurance fraud.

As you've heard by now, the FBI, headed by Trump-appointee Christopher Wray, executed a warrant from a federal judge to search Mar-a-Lago. For what? We do not actually know, though there has been much reporting that it is related to Trump taking at least 15 boxes of Presidential Records, much of them reportedly highly classified, with him to Florida after leaving office.

Most of what we know about what happened Monday comes from either Trump himself or "sources" most likely very close to him, likely describing the matter in the best possible light for him. Trump himself was among the first to confirm the news of the search, misleadingly describing it as a "raid" and declaring Mar-a-Lago "under siege", thanks to "prosecutorial misconduct" and "the weaponization of the Justice System."

"Such an assault," he wrote in his lengthy statement, "could only take place in broken, Third-World Countries. Sadly, America has now become one of those Countries, corrupt at a level not seen before." Naturally, the entirety of the rightwing media and elected Republicans simply took his word for it, vowing to exact revenge on Attorney General Merrick Garland, Joe Biden and Democrats in general. Fox "News" headlined some of its fair and balanced coverage this way: "Raid on Trump's Mar-a-Lago home by Biden's politicized FBI means US now a third world country".

Today, we try to break down what is actually known and mostly still unknown about what happened; what kind of trouble Trump could potentially be in, based on the few known facts; and how he could easily prove his (clearly false) claims about it all by simply releasing the search warrant that he would now have, showing why law enforcement was able to obtain the warrant, what they were looking for, and what criminal laws there is "probable cause" to believe he has committed.

What we absolutely do know: This is either a blunder of historic proportions or, far more likely, a matter of monumental criminal importance. Investigators would have had to demonstrate serious probable cause evidence of a very serious crime under way or about to happen --- otherwise Wray, Garland and a federal judge would not all have signed off on the unprecedented action of issuing a warrant to execute a search of the home of a former President of the United States.

What we also now know (as we've been trying to tell you for some time): Garland appears to be doing his job and the walls are continuing to close in on our indescribably corrupt and criminal former President.

Finally, Desi Doyen joins us today for our latest Green News Report, with special coverage of the other biggest story of the week (now largely big-footed by the "siege" at Mar-a-Lago), Senate Democrats' long-overdue, unified passage of historic climate change legislation...

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Critical lessons (and warnings) from primary results in AZ, KS, MI, MO, WA, OH; Also: IN Rep. Walorski killed in crash; A farewell to Vin Scully...
By Brad Friedman on 8/3/2022 6:07pm PT  

Look at the faces in that photo. Those are the faces of people grappling to understand a profound truth that they simply had no idea about prior to Tuesday night. Those faces should serve as inspiration for every Democrat and/or progressive on the ballot in every race in all 50 states between today and November 8. And as a warning for every Republican.

On today's BradCast, selective, noteworthy, curated results --- or what is known about them, unofficial, incomplete or otherwise --- from Tuesday's primary elections in six states, Arizona, Kansas, Michigan, Missouri, Washington and Ohio. (And several problems for voters in Pinal County, AZ.) [Audio link to full show is posted below this summary.]

Of course, the biggest news from Tuesday, hands down, was the stunning landslide rejection of a state constitutional amendment in Kansas that would have allowed the state's Republicans to restrict and/or ban abortion rights. (That's what the folks in that photo were just learning about.) It was the first statewide vote on the matter anywhere in the nation since the newly extremist, far-right, radical, activist, corrupt, Republican U.S. Supreme Court majority overturned 50-years of Constitutionally protected rights and freedoms by striking down 1973's Roe v. Wade decision.

Even in the theoretically "conservative" state of KS, voters soundly rejected that proposed Amendment with their "NO" votes by a stunning 18 points over "YES" as of airtime. The "NO" vote did well in large and small, rural and urban, Democratic and Republican counties alike. Turnout, thanks to this measure --- in a midterm primary where Republicans assumed few would notice --- was enormous and at levels normally seen in Presidential primaries or even mid-term general elections in the recent past.

The question now is whether Democrats will finally have the confidence and courage to run on this issue, following the overturning of Roe in June, in every state in the country and for virtually every office on the ballot from Governor to Attorney General to District Attorney to County Sheriff to state Judge to state Supreme Court Justice. And, whether Democrats will be able to capitalize on Josh Marshall's "Roe and Reform" campaign that he's been pushing hard at Talking Points Memo, calling for a very specific promise to voters from Democrats on the federal level: Let us hold our House majority and give us two more seats in the Senate and we vow, come January 2023, to reform the Senate filibuster to codify the protections of Roe into federal law, guaranteeing privacy rights and reproductive freedom in all 50 states.

Nothing short of that very specific "You give us that, we'll give you this" promise will do, as Josh has smartly been explaining for weeks now. We have long argued ourselves that candidates must give voters something very clear and specific to vote for. When they do, as proven on Tuesday in Kansas --- where the stakes were crystal clear, and voters knew exactly what they would get from their one single vote --- they will respond in large numbers.

Of course, all of this also further underscores the argument I've been making for months that Democrats and progressives must ignore the "conventional wisdom" from so-called political professionals about the historical odds of impending doom this November. These are decidedly UNconventional times, proven once again in KS yesterday.

Beyond that very encouraging news on Tuesday, there was still more good news in both the Secretary of State and Attorney General races in KS; Somewhat disappointing news in the MO race to fill the U.S. Senate seat being vacated by retiring Republican Sen. Roy Blunt; Potentially concerning news out of MI's Republican gubernatorial contest, where a well funded, Trump-backed loon will run against the state's popular Democratic Governor; And wildly troubling news out of AZ on the Republican side in the contests for the Gubernatorial and Sec. of State nominations, in what could turn out to be two of the most critical races in the nation this November.

All of that and many other races covered and explained, with context, on today's busy show.

Finally, we close with some tragic news on the death this afternoon of Indiana's 58-year old Republican Congresswoman Jackie Walorski and two of her young staffers in an automobile accident. And, some pleasant thoughts following the passing on Tuesday night of Hall of Fame broadcasting legend Vin Scully at age 94. He served as the inimitable and nationally recognized voice of Dodger baseball --- in both Brooklyn and Los Angeles --- for 67 incomparable years...

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Can Dems finally pass the critical Schumer/Manchin compromise bill to save the climate (and maybe themselves)?; Also: Biden's 'rebound'; KY's death toll; Tuesday's primaries; And callers ring in...
By Brad Friedman on 8/1/2022 6:16pm PT  

In our opinion, on today's BradCast, the scaled back, surprise "Build Back Better" spending bill compromise (now renamed the "Inflation Reduction Act" to help win over West Virginia's rightwing Democratic Senator) comes not a moment too soon. And, even "scaled back", it's still chocked full of so much stuff that if each of its provisions were passed in separate bills over the past 18 months, we'd likely be discussing Joe Biden as having one of the most successful first two years of any President in history. That said, the bill has not yet been passed, and it could still be a very bumpy ride in the coming days to see it through to the President's signature. [Audio link to full show is posted below this summary.]

Before we get to that today --- and some callers on same --- a few other headlines covered on today's show...

  • Minutes before airtime, news broke that the U.S. killed Al-Qaeda leader Ayman Al-Zawahiri in Afghanistan over the weekend in a successful drone strike, in which no civilians are said to have been killed. President Biden was to give remarks about what happened on Monday evening.
  • Speaking of Biden, he tested positive for COVID again over the weekend, in what White House officials are describing as a "rare rebound" case after finishing his 5-day course of the anti-viral drug called Paxlovid. Well, it can't be ALL that rare, because last week, when the White House announced Biden had tested negative and was cleared to leave isolation, we warned about the possibility of such a rebound, as many Paxlovid users have experienced same. The Pfizer drug has very good results at preventing serious cases and hospitalization, but many patients have experienced a second --- non-fatal --- COVID infection shortly after using it. That is, apparently, the case with Biden. His White House doctor says he has few if any symptoms and will likely be fine, despite needing to isolate again.
  • Deadly flash flooding continues in parts of Kentucky today, and warnings for more of the same have been issued for the next several days from Tennessee to Kentucky to West Virginia to Virginia and North Carolina. 37 have so far been confirmed to have died from the horrific flooding in Eastern Kentucky. Governor Andy Beshear believes that toll will continue to rise, as hundreds are still unaccounted for in a number of Appalachian mountain towns after recent, and ongoing, deluges. That, as our climate emergency continues with record heat predicted again this week from the Dakotas to the East Coast.
  • On Tuesday, voters will head to the polls in six states: Ohio, Arizona, Kansas, Michigan, Missouri and Washington state for primary elections. And there are a lot of 2020 election deniers (and worse) on the GOP ballots. We quickly preview just a few of those insane races today and will have noteworthy reported results, of course, on Wednesday's program.

Then, it's on to the so-called Inflation Reduction Act --- a scaled down version of the Build Back Better Act that Democratic Senators Joe Manchin and Kyrsten Sinema killed last year. If successfully adopted this time, it would increase federal revenue by some $750 billion over the next ten years, allowing for some $450 billion in spending on a bunch of several long-overdue programs. Most of them have been progressive priorities for years.

Only Democrats in the U.S. Senate will be needed to pass it under Senate reconciliation rules, but all 50 will have to be there (not out with COVID) and vote yes. Sinema has yet to comment on the measure, even as Manchin has been taking to media over the weekend to try and sell her on it.

If passed, the 725-page measure [PDF] will: Allow Medicare to negotiate with pharmaceutical companies for lower drug prices; Cap out-of-pocket spending on prescription drugs for seniors at $2,000 per year; Expand federal subsidies for premiums for individuals who purchase health insurance on the federal Affordable Care Act (Obamacare) exchanges; Set a minimum 15% tax for corporations who make more than $1 billion in profits per year; Increase policing of tax cheats; and, perhaps most critically, invest some $369 billion in climate and energy projects to cut deadly greenhouse gas emissions by 40% by 2030 through investments that hasten the nation's move from dirty fossil fuels to clean, renewable energy.

What the bill won't do is raise taxes on anyone making less than $400,000 a year, as Biden has long promised. That, despite blatant lies from Republicans such as Senate Majority Whip John Cornyn (R-TX) who, when announcing he tested positive for COVID today, lied about the bill, declaring on Twitter that he will "continue to fight Chuck Schumer and Joe Manchin's massive tax increase on working families." That is a lie. There is no "massive tax increase on working families" in the bill. Republicans hope you are dumb enough to be duped to the contrary.

In order to win over Manchin, whose family and campaign have long been propped up by fossil fuel interests, the bill does mandate oil and gas lease sales on federal lands be auctioned off in exchange for the approval of on- and off-shore wind and solar projects. Even there, however, oil and gas companies will be required to pay higher royalties on whatever they extract, and will be fined for failing to prevent methane leaks that exacerbate global warming. So, yeah. Art of the compromise. But, according to most climate experts we've read, heard from or spoken with, it's a compromise well worth taking..and comes not a moment too soon, as our climate emergency worsens by the day.

We've got much more on all of the above on today's show, and we open up the phone lines to callers to get some of their thoughts on the "Inflation Reduction Act" as the world melts down, and the 2022 primary general election is now less than 100 days away...

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Also: Climate chaos everywhere; Hand-marked paper ballots save the day in IL; PA's GOP Guv nominee at center of 2020 'fake' Electors plot; Biden slams disgraced, pro-insurrection, anti-cop Trump...
By Brad Friedman on 7/26/2022 6:04pm PT  

Sending our love and best wishes to get better soon today to our regular BradCast guest host, Nicole Sandler, who cracked a couple of ribs over the weekend, so wasn't able to fill in for us on yesterday's show as previously planned. But, we're back today with --- you'll be shocked to learn --- lots of news to cover! [Audio link to full show is posted below this summary.]

Among today's many stories of note...

  • Our global climate emergency continues to worsen, as it's been hitting the U.S. --- in addition to Europe and Asia --- hard over the past week or two. In addition to record high temps in the Midwest, South and Northeast in recent days (some of which may be seeing some relief), after two weeks of record heat, more than 9 inches of rain fell on my old hometown of St. Louis, Missouri today, smashing a century-old record. Flash-flooding is predicted to occur in various places from Kansas to West Virginia, Virginia to Tennessee this week, and triple-digit temps will once again slam the usually-cool Pacific Northwest. It's a climate in chaos that will only get worse until (or IF) we do something to slow the burning of climate warming fossil fuels.
  • Just one state, North Carolina, is holding elections today, runoffs in a number of municipal contests. Next Tuesday will be very busy, however, with primary voting in Ohio, Arizona, Kansas, Michigan, Missouri and Washington state. Over the weekend, AP called last week's 10-way Democratic gubernatorial primary in Maryland for Oprah-endorsed Wes Moore, the former CEO of an anti-poverty nonprofit. He would become the state's first black Governor if he defeats Trump-endorsed, insurrection-promoting, 2020 election-denying, right-winger Dan Cox. Last week, Cox defeated the centrist Republican candidate endorsed by the state's current, popular, two-term Republican Governor, Larry Hogan, to win the party's Gubernatorial nomination. This, like the Governor's race in Pennsylvania (more on that below), now becomes another very critical state for Democrats to win in 2022 in order to help stave off the threat of election theft in 2024 by a Republican who has said he would not have certified Joe Biden's victory in 2020, had he been Governor at the time, even though Biden won MD by more than 33 points.
  • Longtime listeners and readers know we always warn after Election Days that problems with voting and tabulation systems sometimes do not appear until days or weeks (or longer) after Election Day. We've got a doozy of an example of that today, on the heels of the June 28 primaries in Illinois where, in Winnebago County, all the referendums on the ballot that day falsely appeared to have been adopted by more than 90% of the vote. Luckily, in this case, hand-marked paper ballots used in the County and cast by some 20,000 voters, ended up saving the day, allowing votes to ultimately be counted correctly as cast, even after the computer tabulators didn't. We explain.
  • BREAKING THIS AFTERNOON: New York Times has obtained previously undisclosed emails between top Trump allies organizing what even they described as a "fake" electors plot in seven states after the 2020 election, in hopes of stealing it for their man. Members on the email chain acknowledged that the phony electoral votes "aren't legal under federal law", but they hoped to spring them on Dems and media anyway "so that members of Congress can fight about whether they should be counted on January 6th." The plotters included a bunch of GOP attorneys, state GOP party officials, Trump campaign staffers and activists and included Rudy Giuliani and Trump's Chief of Staff Mark Meadows. They all knew about it, and they all knew that it was unlawful. The plot also included Doug Mastriano, who, the Times reports, served as the point person for the fake elector scheme in Pennsylvania. Mastriano is now the pre-disgraced, far-right, Christian Nationalist Republican nominee for Governor in the Keystone State.
  • All of that, as both the criminal probe and the House Jan. 6 Committee's investigation of the deletion of Secret Service text messages from January 5 and 6, 2021 heats up and as President Biden, said to be quickly improving from his bout with COVID, offered remarks on video tape to a black law enforcement group in Florida on Monday, about Trump's refusal to stop the insurrection or even condemn the rioters he incited (as the J6 Committee went further in revealing over the weekend.) As Biden correctly told the cops in FL: "You can't be pro-insurrection and pro-cop. You can't be pro-insurrection and pro-democracy. You can't be pro-insurrection and pro-American."
  • Finally, Desi Doyen has our latest Green News Report, with news on a huge new wildfire which has exploded near Yosemite; a new study finding concurrent heat waves are now six times more frequent thanks to climate change; and new details on a 2020 pipeline spill in Charlotte, North Carolina which now turns out to have been 30 times larger than previously known --- making it the largest inland spill in U.S. history...

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GOP election denier wins MD Guv primary; Bipartisan Senators unveil electoral reform bills; Bolsonaro plays Trump card; GA D.A. cracks down on Giuliani, Graham, fake electors; House Dems play hardball; Biden unveils actions for climate crisis...
By Brad Friedman on 7/20/2022 6:57pm PT  

There were almost too many clear and present dangers to fit into today's BradCast. But we did our best. Buckle up. [Audio link to full show follows below this summary.]

Among them...

  • Trump-endorsed 2020 election denier, Dan Cox, named as winner of Maryland's GOP gubernatorial primary. Democrats rejoice...but should they?
  • A bipartisan team of U.S. Senators, lead by Maine Republican Susan Collins and West Virginia Democrat Joe Manchin, strike a deal to reform the Electoral Count Act of 1887 to clarify, in theory, that Vice Presidents may not steal elections during joint sessions of Congress to confirm Electoral College votes. We are, let's say, skeptically optimistic.
  • Brazil's far-right autocratic President Jair Bolsonaro --- loved by Trump and Tucker Carlson of Fox 'News' alike --- goes full Trump in declaring that his re-election contest in about 75 days, in which he is predicted to lose by a landslide, will be marred by massive fraud requiring military intervention to sort out.
  • It's not looking good for Steve Bannon in his Contempt of Congress trial. It is looking much better, however, for those who believe in accountability and the rule of law.
  • It's also not looking good for a whole passel of conspirators who attempted to help Trump steal the 2020 Presidential election in Georgia, including Rudy Giuliani, Sen. Lindsey Graham, whose attempts to quash their subpoenas have failed so far, and 16 GOP fake electors now designated by Fulton County District Attorney Fani Willis as "targets" in the special grand jury probe.
  • GOPers in the House and Senate are squirming today, as House Democrats play some excellent hard ball (for a change) by calling votes on the Respect for Marriage Act, to give federal statutory protection to both same-sex and interracial marriage, and the Right to Contraception Act. Republicans are outraged --- OUTRAGED! --- that they're being forced to take a public stance on these issues during an election year, after SCOTUS recently made clear those previously Constitutionally-established rights may now be on their chopping block as well, following their corrupt overturning of Roe v. Wade.
  • Following the corrupt SCOTUS majority gutting the ability of the EPA to regulate carbon, and the corrupt Joe Manchin gutting Joe Biden and the Democrats' critical climate change agenda, the President announced plans for Executive Actions to take on the crisis which he describes (correctly) as a "clear and present danger"...

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GOP TX Reps threaten law firm for out-of-state abortions; Facing contempt trial, leaked Bannon audio reveals Trump scheme to steal 2020; DoJ sues AZ for vote suppression; WI's GOP Supremes ban drop-box voting; GA GOP Senate nom's sad climate change remarks...
By Brad Friedman on 7/13/2022 6:24pm PT  

We've got a grab bag of news items on today's BradCast, though almost all of it ends up making the same case: 'Both sides' are decidedly not the same. [Audio link to full show follows this summary.]

We kick off with some listener mail, critical of our recent show discussing why it's so deadly important to elect Democrats in 2022 in order to have any chance of saving American democracy itself --- and much more along with it --- before 2024. The listener argues that, in fact, democracy no longer exists in the U.S. following 2010's Citizens United ruling by the Supreme Court. He argues that "both of the two major parties" are now so corrupted that "the chances of non-corporate funded candidates" being elected to national office are now "equivalent to nil". While that may come as a surprise to folks like Rep. Alexandria Ocasio-Cortez and Sen. Bernie Sanders, just to name a couple, there are many other reasons our correspondent couldn't be more wrong. We explain why.

The bulk of the news items in the rest of today's program underscore why that lazy "both sides are the same" notion (while founded in fragments of cynically misreported truths) is dangerously wrong. They also underscore how those on the Left who buy into that self-defeating nonsense are being played as assuredly as Donald Trump and his MAGA buddies have played their own gullible supporters.

Among those news stories covered today...

  • Elected Republicans members of the Texas state House, ironically calling themselves the "Texas Freedom Caucus," have sent a letter to a Dallas law firm threatening them with legal "consequences" including "felony criminal prosecution and disbarment" for reimbursing their own employees for out-of-state travel as needed to obtain an abortion, now that Texas Republicans have ended such rights and personal freedoms for residents of the Lone Star State.
  • A Donald Trump-appointed federal judge has laughed Steve Bannon's attempt to delay his pending federal trial out of the courtroom. The trial, on two counts of Contempt of Congress in response to the former Trump aide's unlawful refusal to respond to subpoenas from the bipartisan U.S. House Select Committee investigating the January 6 insurrection and Trump's many failed attempts to steal the 2020 election, is scheduled to begin next week and could result in up to two years in prison for Bannon.
  • At the same time, Mother Jones has obtained leaked audio of Bannon speaking to supporters of his Chinese billionaire pal/funder three days before the 2020 election, explaining that Trump planned to declare victory, whether he won the election or not, and pretend to be the victim of fraud. "He's gonna say they stole it...he's not going out easy...Trump is gonna do some crazy shit," Bannon promised (sound familiar?), as they all laughed about what would become the most dangerous assault on American democracy in our history.
  • DoJ has sued Arizona for violations of the National Voter Registration Act and Civil Rights Act, following the signing of a new voter suppression law earlier this year. Adopted by the state's GOP-dominated state legislature and signed by its Republican Governor, the new measure would block voters from voting in the 2024 election without first presenting documents proving their citizenship.
  • Wisconsin's GOP-dominated state Supreme Court finds absentee ballot drop-boxes are now illegal in the Badger State. Donald Trump declares the ruling to be proof that he actually won Wisconsin in 2020! (He didn't.) And a Republican state lawmaker running for Governor vows to reverse the state's election results in response.
  • In Georgia, a pathetic audio clip from the Republican Party's U.S. Senate nominee, Hershel Walker, discussing climate change --- ("Since we don't control the air, our good air decided to float over to China's bad air. So when China gets our good air, their bad air got to move. So it moves over to our good air space. Then...now we got we to clean that back up.") --- underscores, once again, the sad, cynical (and ill-considered) scheme by GOPers to push this seemingly mentally ill former football star as their candidate to run against Democratic Sen. Raphael Warnock this fall.
  • And finally, Desi Doyen has our latest Green News Report, as wildfires once again threaten California's iconic Giant Sequoias; Utah's Great Salt Lake is drying up; and offshore wind power is booming...in China...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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And why SCOTUS has given us no choice but to elect Democrats in 2022 to save democracy itself in 2024...
By Brad Friedman on 7/11/2022 5:55pm PT  

We had a bunch of excellent callers on today's BradCast. It sounds like many of them heard my warning today. Hopefully you will too. [Audio link to full show is posted below this summary.]

But, first up, on our first show after taking several much-need days off last week, we catch up with just a few of the most noteworthy items from what turned out to be another very busy news week. Among those items...

  • the Independence Day mass shooting in IL;
  • the popular and political uprisings resulting in agreements by both British Prime Minister Boris Johnson as well as Sri Lanka's Prime Minister and President to resign;
  • the horrific assassination of Japan's longest-serving Prime Minister Shinzo Abe (in a nation where just one person, out of population of 125 million, was killed by a gun in 2021);
  • the excellent jobs and unemployment numbers released by the Labor Department last Friday (and, as usual, ignored by the bulk of the corporate media due to everything else);
  • the good news that Rudy Giuliani, Sen. Lindsey Graham and 5 others who served as attorneys for Donald Trump in 2020 have now been subpoenaed to testify by the Special Grand Jury in Atlanta, convened by Fulton County District Attorney Fani Willis, in her criminal investigation of the disgraced former President's attempt to steal Georgia's election in 2020.
  • All of that in advance of another public hearing to be held on Tuesday by the bipartisan U.S. House Select Committee probing the Jan. 6 insurrection and Trump's multiple failed attempts to steal the election from Joe Biden and the American voters.

Then, its back to the issue that I haven't been able to get out of my head since we previously WARNED about it on our last show before taking a break. Specifically, the corrupt, extremist, illegitimate U.S. Supreme Court's announcement that they intend to hear Moore v. Harper next term, in a case that will give the stolen and packed far-right Court majority the opportunity to undermine American electoral democracy as we know it. That is not an overstatement.

If you thought what the Supremes did at the end of this past term --- ignoring the text of the Second Amendment in order to block states' rights to well-regulate firearms; stripping away previously protected Constitutional privacy rights and reproductive freedoms to overturn Roe v. Wade; all but ending Constitutionally-required Miranda Rights for those detained by law enforcement; further eroding what's left of our Constitutional separation between Church and State; and gutting the ability of the EPA to regulate carbon emissions driving our deadly climate crisis, as mandated by Congress --- well, you ain't seen nothin' yet.

As explained, SCOTUS is now set to undermine any and all elections laws for federal elections enacted by state Boards of Elections, Secretaries of States, Governors, state constitutions, state Supreme Courts or even ballot initiatives adopted by voters themselves. The corrupt Republican Court is likely to do this by declaring that Article II, Section 1 of the Constitution mandates that state legislatures --- and only state legislatures --- may determine laws regarding the "manner" of federal elections. Specifically of note in 2024, the way each state appoints Electoral College votes, as the Constitution says, "in such Manner as the Legislature therefore may direct".

In other words, in 2020, while most swing-states had rules, laws and state Constitutional mandates in place declaring that voters shall determine who will win the state's Electoral votes, an opinion by the Court, likely to come as early as 2023 in Moore v. Harper, will free up the gerrymandered GOP-controlled state legislatures in our nation's half a dozen or so swing-states to name anybody they like as the winner of their Electoral College votes, no matter what the Governor, state Courts or, crucially, the voters of those states have to say about it.

It's called the "Independent State Legislature" theory (or doctrine, as the GOP autocrats supporting it describe it.) As we noted in our last show on this, this is not a drill. This is very real, and now even very likely to happen.

While we were away, our friend and colleague Thom Hartmann posted a chilling Twitter thread on the ISL theory/doctrine, detailing just one potential scenario --- which includes thousands of dead bodies in the streets --- which he describes as not "just plausible" but now "probable".

We agree. Thus, we explain the importance of electing Democratic majorities in 2022 in both the U.S. House and Senate as our only hope of defeating this "probable" scenario. If 52 Democrats can be elected in the Senate and the Party is able to hold the House (both tall lifts), then the possibility of filibuster reform in the upper chamber and the expansion of the Supreme Court in order to unpack and uncorrupt it becomes a reality.

As discussed on today's show, the luxury of pretending that "both parties are equally bad" is over, as I see it. And not because I give a damn about protecting Democrats, but because I believe we must protect --- indeed, SAVE --- democracy itself at this point.

Anyway, please tune in for a very lively, if occasionally chilling hour, along with some really great calls from listeners on all of this in the second half...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Election law experts are freaking out over corrupt Court's plan to legalize stolen elections; Also: Ginni Thomas lied about J6 testimony; Defamation suit proceeds against Fox 'News'; Internet Voting scheme dead in CA...
By Brad Friedman on 7/1/2022 6:49pm PT  

We have a very serious warning for voters about elections and American democracy and the corrupt U.S. Supreme Court on today's BradCast. Please tune in and listen! [Audio link to full show follows this summary.]

To quickly summarize my half-hour or so long rant at the top of today show...On Thursday, as discussed on our previous show with legal expert Mark Joseph Stern, the corrupt, radical, illegitimate, not-conservative-in-the-least U.S. Supreme Court used a made-up, phony legal doctrine --- the "Major Questions" doctrine --- to justify gutting the Environmental Protection Agency's statutory mandate to protect the environment by regulating climate warming carbon emissions. The so-called doctrine, not found anywhere in the Constitution or historic case law, was made up for use by the Court's rightwing extremists. They are now about to do something very similar in order to gut federal elections and American democracy as we know it in advance of the 2024 Presidential election.

In their last order of business, before the end of this past year's term on Thursday, the Court announced that next term they would take up the North Carolina case of Moore v. Harper. The case involves a voter challenge to the state GOP's newly-drawn U.S. House maps. The NC state Supreme Court agreed the map was an unlawful gerrymander under the state constitution and drew up a fairer map. But North Carolina Republicans sued, charging that state Supreme Court was not allowed, according to the U.S. Constitution, to nix the GOP gerrymander due to the so-called "Independent State Legislature" theory. In short, it's a made up "doctrine" --- not unlike the "Major Questions" doctrine used to justify gutting the EPA --- that has been pushed for a number of years by fringe Republicans.

The ISL doctrine cites some lines from the U.S. Constitution to argue that state legislatures and only state legislatures --- not Boards of Elections or Secretaries of State or Governors or even state courts or Constitutions or popular ballot initiatives adopted by voters --- may dictate how federal elections are run. That is a job solely granted to state legislatures, according to this previously-fringe theory.

It was one of the failed arguments under which Donald Trump supporters tried to claim that emergency pandemic voting rules adopted by state officials (other than the state legislature) were unlawful in 2020. It was also one of the arguments pushed by rightwingers that state legislatures could have simply voted to name Trump electors in states where the voters actually chose Joe Biden's electors.

The "Independent State Legislature" doctrine has never been granted legitimacy by a majority on the U.S. Supreme Court. But, earlier this year, four of the Court's six radical Republicans --- Thomas, Alito, Gorsuch and Kavanaugh --- called for the Court to examine the issue more closely. They now need just one more vote to recognize this controversial Constitutional claim as "legitimate", which is why so many in the election law world are freaking out today after SCOTUS announced yesterday that they will hear 'Moore v. Harper' next term.

Usually, quite staid UC Irvine law professor Rick Hasen's argues "It's hard to overstate the danger" of this case. Vox's Ian Millhiser describes the "grave threat to US democracy" it presents. You --- and elected Democrats(!) --- should be freaking out at this point as well. Or, at least, understanding what is about to happen to what is left of our representative "democracy" if this switch gets thrown by the newly emboldened and radicalized Court.

Given the many radical, not-conservative-in-least rulings over the past several weeks by the six far-right extremists on this stolen and packed Court --- overturning Roe v. Wade, blocking the ability for states to well-regulate firearms, eroding the separation of church and state, all but gutting Miranda rights, further gutting the Voting Rights Act, and torching the EPA's ability to regulate deadly carbon pollution --- we should all be very concerned about what this Court is likely to do regarding Moore in 2023...in advance of the 2024 Presidential election.

We put the case in full context on today's BradCast, and detail why its so important to elect enough Democrats this November --- love them or hate them --- to hold the majority in the House and add enough Democrats to the Senate to finally reform or end the filibuster in order to codify Roe and respond to many of the other matters mentioned above, as well as finally expand SCOTUS to re-legitimize the de-legitimized Trump/McConnell/Roberts Court before they unleash every manner of electoral chaos --- and outright "legalized" stolen elections --- in advance of 2024.

PLEASE. PAY. ATTENTION. TO. THIS. CASE!

Beyond that red flag warning at the top of today's show, and before standing down for a few much-needed days off next week, we also catch up on several other news items of note that we've had to put off over the past week or so due to Congressional hearings, primary elections, and wholly corrupt Supreme Court opinions. Among them...

  • After rightwing activist Ginni Thomas, wife of rightwing activist Justice Clarence Thomas, was revealed to have been deeply involved in Trump's effort to steal the 2020 election, she was invited to testify to the bipartisan U.S. House Select Committee investigating the January 6, 2021 insurrection. She received much coverage when she announced she would be happy to do so, declaring, "I can’t wait to clear up misconceptions. I look forward to talking to them.” You'll be shocked to learn that Ginni was lying. This week, her attorney said she will not testify because there is "not...a sufficient basis" for the Committee to interview her under oath.
  • A judge in Delaware has found that Dominion Voting Systems has presented sufficient evidence to determine that Rupert Murdoch and his son Lachlan of Fox "News" may have acted with "actual malice" when causing their Republican propaganda station to broadcast false claims that the voting system vendor helped steal the election for Joe Biden. The judge ruled that the billion dollar defamation suit against Fox may now proceed toward trial.
  • Here in California, where we recently reported on the attempt by some Democrats in the state legislature to adopt an insane Internet Voting scheme, we've got some good news. After passage in the state Senate, the matter was killed in the state Assembly following critical work by grassroots voting system and cybersecurity experts in opposition and a letter from the Sec. of State opposing the measure as well. But CA Dems keep trying to this, year after year, so watch out for another attempt in future sessions.
  • Finally, Desi Doyen joins us for our latest Green News Report on the heels of SCOTUS gutting the EPA's ability to regulate carbon emissions amid our deadly climate crisis and much more...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Polling finds more Americans seek Trump accountability after J6 hearings; U.S. Senate candidate calls for 'hunting' fellow Republicans; Callers ring in...
By Brad Friedman on 6/20/2022 5:50pm PT  

Today on The BradCast we try to reach out to so many of those Republicans and Trump dead-enders that we hear from usually only after the show. That, before Tuesday primaries and runoffs in in Virginia, Arkansas, Alabama, Georgia and Washington D.C., and amid the short pause before hearings in the House J6 Committee return (tomorrow), and as the number of those who believe Trump should be charged with a crime for his attempt to steal the 2020 election continues to grow.

If we are going to save American democracy from the minority autocratic rule now sought by the bulk of the Republican Party, we need to try, at least, to speak to each other again. Even to those who have been so thoroughly groomed, for so many years --- by Fox "News", by rightwing talk radio, by elected Republican officials --- to actually believe the GOP lies that have convinced those Americans to vote against their own best interests in election after election. We must reach out, somehow, to those that still buy into Donald Trump's evidence-free claims that the 2020 election was stolen from him (as he, himself, had tried to steal it) or who were duped into sending part of the quarter of a billion bucks to his "Official Election Defense Fund" even though, as we recently learned thanks to the bipartisan J6 Committee, doesn't even exist.

So, today, in hopes of at least trying to reach some of those voters, we thought we'd share the thoughts of some longtime conservative Republican voices. Among them, the very conservative former federal appeals court judge, J. Michael Luttig who, for years, had been compared to Justices Scalia and Thomas, who 33 of Luttig's former clerks would eventually clerk for. Last week, Luttig testified to the House Select Committee, warning that Donald Trump and the Republican party remain a "clear and present danger" to American democracy, not only because of the January 6th insurrection or due to Trump's attempt to, as Luttig wrote [PDF], "steal the 2020 presidential election from the American people," but because "the former President, his allies and supporters pledged that they would attempt to overthrow that 2024 election, but succeed in 2024 where they failed in 2020." He is now calling on Republican leaders to step up to end their "war on democracy."

Also, we share a critical, must-listen commentary from former young Republican James Killen (pictured above) hoping to reach current young Republicans to keep them from making the same mistakes he did by letting them know how they've been lied to by the GOP about...well, pretty much everything, from top to bottom over the past 40 years.

Then, after an invitation to the many rightwingers who do listen to The BradCast --- which we know, because they so frequently contact me right after the show via Email or Twitter --- we open the phone lines to at least one long time Republican who is still buying in to the lies....apparently all of them, as we discuss. If we don't at least try to have these conversations, we will never end this new American uncivil war.

And where will it go from here if we don't? Well, a new campaign ad from the disgraced former Missouri Governor turned GOP primary candidate for U.S. Senate, Eric Greitens --- in which he wields a firearm and calls on fellow Republicans to go "RINO (Republican in Name Only) hunting" --- should give you a pretty good, and chilling, idea...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Elections results from ME, NV, ND, SC, TX; Vote system prob leads to IA recounts; MAGA County Commission in NM refuses to certify June 7 primaries...Just cuz...
By Brad Friedman on 6/15/2022 6:13pm PT  

With the bipartisan January 6 Committee having postponed today's hearing, we take the opportunity on today's BradCast to spend some time rebutting the disgraced former President's supposed rebuttal to the two damning hearings held to date. But, of course, we've got much more as well, including election results from Tuesday and evidence of both voting system problems and bad faith elected MAGA officials already trying to disenfranchise 2022 voters. [Audio link to full show is posted below this summary.]

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

  • An error caused by paper jams during ballot scanning on Election Day at the precincts on the state's computer tabulators in Iowa during their June 7 primaries has reportedly resulted in a whole bunch of recounts across the state. Cedar Rapid's KCRG cites an email from the Sec. of State's office which has lead to those recounts, in hopes of reconciling the number of ballots misreported by the scanners as cast with the number of voters who actually signed in to vote.
  • Noteworthy election results from four states which held primaries on Tuesday (Maine, Nevada, North Dakota and South Carolina) and one (Texas) which purposely held a low-turnout U.S. Special Election yesterday, instead of at the same time as their regular primaries in March or primary runoffs in May. While we cover a lot of Tuesday's races, and why they matter (or don't), the most disturbing one is likely the Secretary of State's race in Nevada, where a 2020 election denialist by the name of Jim Marchant has apparently won a 38% plurality to become the GOP's nominee to become the critical swing-state's chief election official in advance of the 2024 election.
  • The dangers of an election denier like Marchant, who served as one of the state GOP's fake electors in 2020, and who has said he wouldn't have certified Joe Biden's victory over Donald Trump that year had he been SoS at the time, is a stark warning of what lies ahead. But we're already seeing the dangers of brain-poisoned MAGA Mobsters in positions of elected authority. The three-person County Commission in a very right-leaning rural county in New Mexico, is refusing to certify results from their June 7 primary. Even though votes are cast on hand-marked paper ballots across the state, the County Commission unanimously voted against certification of primary results, citing distrust of the County's digital ballot scanners made by Dominion Voting. They have no evidence of fraud, which might otherwise allow a court to order the hand-count they are seeking. They just don't trust the results in the County where Trump won 62% of the vote in 2020. The Republican County Clerk is furious and the Democratic Sec. of State is now suing the County Commission ahead of this Friday's deadline for County certification. Expect much more of this in the months and years ahead. We've long warned about exactly this type of fallout from our irresponsible rush to the use secret vote casting and counting systems made by private vendors and the avenues it opens for opportunists to claim fraud without any evidence of same.
  • On Monday night, after the bipartisan U.S. House Select Committee investigating the January 6, 2021 attack on the Capitol and other efforts by Trump to steal the 2020 election, our corrupt former President issued a 12-page rebuttal [PDF] to the Committee's first two hearings. We rebut his dumb rebuttal today. It leans heavily on tired, long-ago debunked nonsense, such as his lead in some swing-states on Election Night "inexplicably" disappearing (after heavily-Republican polling place ballots were quickly tallied before the arduous task of opening and verifying and counting heavily-Democratic vote-by-mail ballots one-by-one) and how thousands attended his rallies, while Biden chose not to hold super-spreader events during the worst pandemic in 100 years. Much of Trump's (ghost-writer's) claims were already debunked during the Committee hearings to date, which he seems to presume that his supporters didn't watch or are too dumb to understand.

    Trump's ghost-writer spends most of the rebuttal ink citing what is laughably described as "indisputable proof" of "Ballot Trafficking" presented in the repeatedly debunked 2000 Mules movie. That's a pretend documentary film created by a long-discredited GOP "election integrity" group named True the Vote and a rightwing activist named Dinesh D'Souza who actually pleaded guilty himself to several federal election fraud crimes before he was later pardoned by Trump.

    As noted, the film has been repeatedly debunked, including by us, several times by now. Months before it was even released, the Georgia Bureau of Investigations (GBI) and FBI concluded the group's claims about cell phone data purporting to reveal evidence of "ballot harvesting" by "mules" of tens or hundreds of thousands of fraudulent ballots cast in drop-boxes, in fact, reveals no crimes at all. A GA state Board of Elections investigation after the movie's release found that supposed "ballot mules" in Atlanta, shown via security camera footage in the film, were just regular voters legally casting their own ballot and those of direct family members. None of the "mules" are ever seen in the film visiting a drop-box or multiple boxes more than once.

    But, perhaps the most stinging rebuttal came from Trump's own Attorney General, Bill Barr this week. During sworn testimony to the J6 Committee, shared by the panel on Monday, Barr laughed out loud at even the mention of the name of the film, before going on to explain how he found it to be "singularly unimpressive," "indefensible," and that it failed to "establish widespread illegal harvesting." That, of course, is a long way from the "indisputable proof" Trump's dumb rebuttal claimed it to be.

  • Finally, speaking of the House J6 Committee, Republican Vice Chair Liz Cheney released a video teaser on Tuesday for its next upcoming hearing scheduled for Thursday. This one will focus on the pressure Trump placed on Vice President Mike Pence to help him steal the 2020 election by tossing out valid Electoral College votes on January 6, 2021. Cheney's teaser video includes testimony from one of Trump's top White House attorneys who says he warned outside lawyer John Eastman, who developed the scheme for Pence to toss out the votes, to "get a great f'ing criminal defense lawyer," adding "you're gonna need it."

Special Coverage of tomorrow's J6 Hearing, of course, on tomorrow's BradCast!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Legal journalist Mark Joseph Stern; Also: Republicans move quickly to protect the families of SCOTUS Justices, but not yours...
By Brad Friedman on 6/14/2022 5:57pm PT  

For years, as I told my guest on today's BradCast, I've wondered if we were being too alarmist during his many appearances on the show. But now I'm starting to wonder if we haven't been alarmist enough. "I would say that you and I have been the exact right amount of alarmist," he tells me in response. "Time and time again, the Court has proved that it is going rogue, that it is lawless, that it is really corrupted by partisan politics." If the nation hasn't noticed by now, it is likely about to. [Audio link to full show is posted below this summary.]

Before we get to that cheery conversation, a couple of quick news items today, as voters in Maine, Nevada, North Dakota and South Carolina headed to polls on Tuesday for critical mid-term elections. (Also in Texas, where there is a special election to fill a vacated Democratic U.S. House seat.) Results of note on tomorrow's program.

Wednesday's scheduled hearing in the U.S. House Select Committee investigating the January 6 insurrection and related Donald Trump crimes has been postponed until, presumably, next week. The Wednesday hearing had been set to focus on Trump's failed effort to decapitate the Dept. of Justice in order to install a low-level flunky with a scheme to help him steal the 2020 election by lying to state legislatures that the DoJ had found massive fraud in swing-states. Committee members claim the delayed hearing is only due to a need to give time to their over-worked understaffed video crew. Meanwhile, Thursday's scheduled hearing, focused on the pressure Trump placed on Vice President Pence to help steal the election for him on January 6, is still said to be on track.

In Congress today, the House passed a bill previously adopted by the U.S. Senate to extend security protections to family members of Supreme Court Justices. It's remarkable how quickly Republicans can act to pass laws to protect certain people that they give a damn about from gun violence. Every other family in America is on their own apparently. Best of luck.

And, speaking of SCOTUS, as their term comes to a close over the next two weeks, we catch up with the great MARK JOSEPH STERN, legal journalist and Supreme Court expert at Slate.com, on a whole passel of recent and coming-soon opinions that are currently shaking and set to shake the American legal and judicial system to its core

The outlook, as suggested by my opening graf above, is not encouraging. "I don't know what to tell you except that madness is coming," warns Stern. Tune in for real facts and hard truths about what is coming. But, by way of preview of some of the cases and issues discussed today...

  • The tragic case of Terence Andrus, soon to be put to death, and what could represent the end of the Sixth Amendment's guarantee of competent legal representation, particularly in death penalty cases. Perhaps even more astounding, the Court's ruling on Monday directly contradicts their own ruling on the very same case in 2020 when, just two years ago, they sent the matter back down to the Texas State Court, which has since apparently decided that they needn't follow SCOTUS orders. And now, incredibly, with the loss of Justice Ruth Bader Ginsburg and the addition of Justice Amy Coney Barrett, SCOTUS agrees! "There can be no 'settled law' when SCOTUS lets rogue judges flout its own rulings and get away with it," Stern wrote in his coverage on Monday. Today he warns that with the Supreme Court failing to enforce its own precedents, "it really does send this message, a kind of wink and a nod, to lower courts that they can start defying these disfavored precedents, start nullifying these disfavored Constitutional rights, and get away with it. And that is a scary new phase."
  • The coming-soon overturning of Roe v. Wade. We haven't spoken to Stern since the unprecedented leak of a draft opinion by the GOP's corrupt, packed and stolen majority which is set to end 50 years of Constitutional freedoms and privacy rights established by the landmark 1973 opinion. He explains that the Court has since cracked down on all such leaks, but that even in a best-case scenario where the final opinion is somewhat softened, the ruling is certain to be "tragic". Moreover, he warns that overturning the privacy rights of Roe will "cast a lot of doubt on decisions protecting the right to privacy --- for gay people, for interracial couples, for people who use contraception --- and lower courts will seize upon that language and use it to start overturning those rights." That is just one reason why the Andrus ruling described above is so wildly dangerous.
  • Ending local government's right to protect residents from gun violence. The Court is set to issue its opinion on a challenge to New York's more-than-100-year old requirement that those seeking to carry concealed firearms apply for a special permit to do so. As soon as next week, despite the Second Amendment's mandate that the right to bear arms should be "well-regulated," the NY law is likely to be struck down by SCOTUS. "We should expect the Supreme Court to declare that there is a Second Amendment right, in every state in the country, to carry a concealed weapon in public spaces, even if you have no particularly good reason to want one. And that right cannot be infringed without a very strong interest from the government, which the Court will then explain does not really exist. And, in doing so, will unleash, I think, a wave of violence --- in states like California and New York that have pretty strict limits on concealed carry --- that will be attributable to the Supreme Court," Stern predicts. "But of course the Court will be in its own palace, surrounded by guards and fences, and the Justices will not have to face the lethal consequences of their own ruling."
  • West Virginia v. EPA The courts, long ago, placed a stay on President Obama's Clean Power Plan, which would have incentivized the transition from polluting coal-fired power plants to clean, renewable energy production. Then those regulations were replaced entirely by Trump's energy plan. And now, despite absolutely nobody required to follow the Obama EPA's regulations on this, the corrupted SCOTUS decided to take up WV's original challenge to the Obama plan. "This case is incredibly bizarre," Stern rails. "Because right now there is no rule --- I repeat, no rule --- no regulation, that is limiting carbon emissions from coal-fired power plants. None. And yet, the Supreme Court is deciding whether the Biden Administration can issue a rule limiting carbon emissions. You might be asking how could it possibly be that the Supreme Court will rule on a regulation that does not yet exist, that may in fact never exist? The answer is that the usual rules about actually taking a live controversy do not seem to apply when the conservative super-majority really wants to kneecap the Biden Administration's regulatory agenda. So, even though the Court has nothing to strike down, it will almost certainly issue a decision purporting to strike down a regulation that doesn't even exist."

As to what Stern has to say about some cases that the Court is likely to pick up for its next term, particularly on something called the Independent State Legislature doctrine --- which doesn't actually exist either, but may very well soon, and will "either limit or abolish the ability of anyone other than a state legislature to set the rules for federal elections" --- well, I don't have the heart to go into the details here. But tune in if you want to be informed about what is coming next...and just in time for the 2024 Presidential election.

Stern has been warning about the opinions set to drop shortly for a very long time on this program. I leave it to you if you want to know what he warns is coming next.

"I don't know what to tell you except that madness is coming, and all we can do is try to prepare for it as best we can," he tells me. "Because this is the direction that the conservative Justices are moving in. They have telegraphed it very clearly, and they are moving us there just on schedule."

I wish I could say we close out today's show by cheering you up with our latest Green News Report, but we pride ourselves in telling listeners the truth, no matter how grim...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Brad is an independent investigative
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VelvetRevolution.us co-founder,
expert on issues of election integrity,
and a Commonweal Institute Fellow.

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