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Latest Featured Reports | Monday, May 23, 2022
Sunday 'The Replacements' Toons
It's PDiddie's latest irreplacable collection of the week's best toons!...
Longtime Election Observers Barred from Wake County, NC Count, Threatened with Arrest: 'BradCast' 5/20/22
Guests: Lynn Bernstein, John Brakey; Also: GA officials debunk 2000 Mules vote fraud claims...
GOP Sen. Candidates Used 'Replacement' Rhetoric of NY White Supremacist Shooter: 'BradCast' 5/19/22
Also: Cruz TX disbarment sought for 2020 steal effort; Young voters eager for 2022; MORE...
'Green News Report' 5/19/22
  w/ Brad & Desi
New U.N. climate change warning; Fossil fuel air pollution kills 50,000 per year in U.S.; Bloomberg's new clean air initiative; PLUS: Wildfires force national forest closures...
Recent GNRs: 5/17/22 - 5/12/22 - Archives...
Did GOP Election Officials Facilitate Vote Software Theft in GA?: 'BradCast' 5/18/22
'The system has been breached' says Marilyn Marks; Also: Primary results in NC, KY, OR, ID, PA...
'Widespread' Primary Day Vote System Failures in PA Counties: 'BradCast' 5/17/22
Also: Biden in Buffalo condemns racist lies spread 'for power, political gain and profit'...
'Green News Report' 5/17/22
U.S. wildfire risk doubling over next 30 years; Russia's energy and now food war; California hits 100% renewable electricity, as Texas struggles to keep the lights on...
'A Movement Not a Moment': Rev. Barber Says 'Consistency' Needed to Restore America: 'BradCast' 5/17/22
Guests: Rev. Dr. William J. Barber; Kenia Alcocer of CA Poor People's Campaign...
Sunday 'Undesirable Outcomes' Toons
You can chalk up PDiddie's latest weekly toon collection to the rightwing radicalism still unmooring our nation from facts and reality...
Attempted Stolen Election, Stolen Docs, and Murder: 'BradCast' 5/12/22
McCarthy's J6 subpoena; Trump's new fed grand jury; Eastman advised 2020 PA election theft; Trump, meat-packers collusion; DeSantis FL gerrymander nixed...
'Green News Report' 5/12/22
Great Barrier Reef bleaching again; Global warming and new diseases; Interior cancels offshore lease sales; PLUS: AZ, CA move to enact more severe drought restrictions...
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...


Guest Host Nicole Sandler with science author Eugene Linden...
By Nicole Sandler on 4/8/2022 4:59pm PT  

It's NICOLE SANDLER back today on The BradCast, filling in for Brad and Desi.

After recapping the celebration of Ketanji Brown Jackson's confirmation as the next Justice of the Supreme Court on the south lawn of the White House today and a look at the rest of the day's news, we jumped into the flood waters of our climate crisis.

EUGENE LINDEN is an award-winning journalist and author who deals with science, nature and the environment. His last book on climate change, Winds of Change, explored the connection between climate change and the rise and fall of civilizations.

His new book, released this week, is called Fire and Flood: A People's History of Climate Change, from 1979 to the Present. Along with the history of climate change, Linden points a big finger at the insurance industry for encouraging people to move to high risk areas.

He tells me there is a path back from the cliff, but we need to act now…

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!




Guest: GW University Law School's Randall D. Eliason; Also: KBJ's historic SCOTUS confirmation; Insurrectionist House members facing ballot eligibility challenges in AZ; Trump facing contempt in NY...
By Brad Friedman on 4/7/2022 5:34pm PT  

A bad day for Donald Trump is generally a good day for America. Today on The BradCast (after horrible and tragic news unexpectedly swept over our show yesterday), it's one of those days. And, if our guest, a former federal prosecutor is correct, there may well be many more such bad days ahead for our disgraced former President. [Audio link to full show is posted below this summary.]

FIRST, history was made toward "a more perfect union" on Thursday when the U.S. Senate voted 53 to 47 to confirm Joe Biden's nominee, Ketanji Brown Jackson, as the nation's first black female Justice on the U.S. Supreme Court. She will officially be sworn in and seated in July, at the end of the Court's current term, when Justice Stephen Breyer officially resigns.

SECOND, three more 2022 ballot eligibility challenges were filed today against three more Republican insurrectionists, courtesy of good government group Free Speech for People, this time on behalf of voters in Arizona against Congressmen Paul Gosar and Andy Biggs, as well as AZ State Rep. Mark Finchem, the Trump-endorsed candidate for Secretary of State. The new Constitutional challenges follow on similar ones currently being litigated against Rep. Madison Cawthorn in North Carolina and Marjorie Taylor Greene in Georgia. All are based on Section 3 of the 14th Amendment which bars those from holding office who have sworn an oath to support the Constitution, before subsequently, as per 14.3, having “engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof."

THIRD, yet more good news today, as New York Attorney General Letitia James asked a state Court to hold Donald Trump in civil contempt for refusing to comply with a court order to turn over documents, as part of her investigation into bank, tax, and insurance fraud by the former President and his family members, Ivanka and Don Jr. Shortly after that court filing on Thursday, Manhattan D.A. Alvin Bragg told CNN that his criminal probe into many of the same matters is "very much ongoing," despite the two lead prosecutors in the years-long probe recently resigning after charging that Bragg was not willing to move forward with indictments against Trump.

THEN, we get to our guest today, who may --- depending on how you look at it --- have the best news of all for those hoping to see actual federal prison time for the disgraced former President. It could take a while, but he's here to tell us today that U.S. Attorney General Merrick Garland's investigation of the January 6th insurrection is proceeding in precisely the way he would expect it to proceed if, in fact, the AG was investigating possible criminal indictments of Trump for his part in inciting the deadly attack on the U.S. Capitol.

Writing at Washington Post late last week, RANDALL D. ELIASON, a former Asst. U.S. Attorney in D.C., where he served as Chief of the Public Corruption/Government fraud section, argued that legal critics of Garland, mostly on the left, are wrong. He sees progress by the Department as moving "impressively fast" and "unfolding at an increasingly rapid clip" just over one year into the investigation. (Eliason penned a similar argument late last year at WaPo.)

To date, independent investigative journalist Marcy Wheeler of Emptywheel has made one of the loudest cases, in the face of skeptics, that Garland is, indeed, working his way up the legal food chain toward Trump in the DoJ's huge investigation of the J6 insurrection. (She's joined us on the show a number of times in recent months to argue as much.) Today, Eliason says he believes she's absolutely right.

"There's this huge debate on Twitter and elsewhere, whether Garland's doing nothing at all or whether this is just what we should expect [if working toward a potential Trump indictment]. I agree with Marcy Wheeler here that this is exactly what we should expect," he tells me. "The signs are this is in fact what's happening."

"The alternative is you rush, you put together a case without doing it properly just to bring some charges, and you lose. You don't want to bring a half-baked case in something that's this significant or this important. If you're going to bring a case at all, you've got to do it properly."

"Garland's role here is to not be swayed by political pressures, but to take the case wherever the facts and the law lead them, as he said. Which, to me, appears to be exactly what he's doing," argues Eliason, who now teaches white collar criminal law at George Washington University Law School in D.C. "And the suggestions, frankly, from some of the critics, that Biden should replace him, or fire him, or lean on him to do something --- that's exactly what everybody was outraged about when Trump and Barr were doing it. That kind of politicization of the Justice Department --- the idea that Biden should lean on Garland or fire him because he's not moving fast enough --- is the exact opposite of what we want. And the exact opposite of what Biden and Garland promised to do to get away from the Trump era, where Bill Barr was running around and doing favors for Trump cronies, interfering in the administration of justice, and politicizing the Justice Department. That is the last thing we want."

Eliason speaks to how and if DoJ and the House January 6 Committee may be coordinating their efforts, and why some members of that Committee have recently called on the Departments to do more, faster. He also offers insight on why it may be that Mark Meadows, Trump's last Chief of Staff, has yet to be indicted for Contempt after Congress, after being referred for the charge months ago by the House, even as Steve Bannon was indicted within weeks after a similar referral.

In our broad discussion on these matters, we also discuss the unique time elements involved here, in regard to the possibility that Trump could declare his candidacy to run in 2024; what DoJ guidelines mandate regarding investigations or indictments to close to an election; and whether a federal indictment by Biden's Justice Dept. in such a case would be seen by the former President and his cult-like followers as little more than a political vendetta

There's a lot to tune in for here, particularly if you are a Garland skeptic or frustrated with the pace of his investigation. As Eliason reminds us, the Enron indictments came a full four years after the collapse of the company and their scam was exposed. Even Watergate took at least two years before major charges were brought. We are now just over one year out from what has become the largest probe in DoJ history. By far.

In addition to discussion about Trump accountability for his attempts to try and steal the 2020 election, we also discuss Trump's NY legal threats, and what should be done about corrupt, far-right activist Supreme Court Justice Clarence Thomas following the recent news that his corrupt, far-right activist wife Ginni was relentlessly texting Meadows in the days following Trump's election loss to encourage the Administration to prevent the peaceful transfer of power to Joe Biden, the winner of the 2020 Presidential election.

FINALLY, Desi Doyen joins us for a bit more accountability talk, this time for Big Oil CEO war profiteers who testified this week in Congress, in our latest Green News Report. Also on the GNR rundown today, Europe's move to ban Russian coal, the EPA's plan to finally ban deadly asbestos and the increasing cost to tax-payers --- in dollars and lives --- of increasing power outages during increasingly powerful climate change-fueled storms...

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: Jeanne Devon of Alaska's Mudflats with all the inside skinny; Also: Zelenskyy chides the U.N. Security Council as evidence of Russian war crimes mount; Three GOP Senators will vote for KBJ...
By Brad Friedman on 4/5/2022 7:03pm PT  

Santa, according to my guest today on The BradCast, is a "democratic socialist". Sarah Palin, on the other hand is...well...Sarah Palin, and she has decided to "un-quit politics." [Audio link to full show is posted below this summary.]

Before we get there today, however, a bit more on the grim news coming out of Ukraine this week, as independently documented evidence of horrific war crimes by Russia continues to mount. On Tuesday, President Volodymyr Zelenskyy addressed the U.N. Security Council from Ukraine and charged that if the U.N. is unable to remove Russia's veto, as a permanent member of the Council, then they might as well dissolve it entirely. He has a point.

Then, before we get to Sarah and Santa...The news that shouldn't be news at all. Three Republican Senators have now announced they intend to vote in favor of Joe Biden's nominee, Judge Ketanji Brown Jackson, perhaps the most qualified jurist every nominated to the U.S. Supreme Court. On Monday night, Utah's Mitt Romney and Alaska's Lisa Murkowski declared they will support Brown's confirmation, joining Maine's Susan Collins who did so last week. None of that should be news at all, but in the Republicans' twisted, hyper-partisanized world, voting for a SCOTUS nominee tapped by a Democratic President apparently it is. During Monday's Senate Judiciary Committee hearing, South Carolina's Lindsey Graham (who voted for Jackson's appointment to a federal Appeals Court seat just last year, but refuses to vote for her this year) said the quiet part out loud when he declared that if Republicans win back the Senate in November, none of Biden's nominees are likely to be seated to the federal bench.

In other insane GOP Congressional news, Michigan Rep. Fred Upton announced today that he will not seek re-election. He is the fourth of 10 Republican House members who voted in favor of Donald Trump's second impeachment (for inciting the January 6th insurrection) to retire instead of run for re-election.

Meanwhile, way up north in Alaska, more than 40 candidates are now running in the upcoming June Special Election to fill the state's one U.S. House seat, which had been held for 49(!) years by Don Young, the 88-year old Republican Congressman who died suddenly last month.

Donald Trump has chosen his favorite candidate in the race, the one my guest today describes alternately as "The Quitter" and the "former half-term Governor", Sarah Palin. The failed 2008 Vice Presidential candidate is emerging from Alaskan and rightwing media obscurity in hopes of finding relevance again in the far-right wingnut world she helped create during her 2008 run, just before quitting politics halfway through her first term as Alaska's Governor. Palin signed up to run for the Special Election and regular general election primaries --- both to be held on June 11th --- on the final day to qualify, last Friday on April Fools Day. (Seriously.)

We're joined today by one of the nation's foremost Palinologists, JEANNE DEVON, who made a name for herself as "AK Muckraker", helping to introduce Palin to the world in 2008 at her award-winning The Mudflats blog. She has since gone on to co-write a NYTimes best seller, Blind Allegiance to Sarah Palin - A Memoir of Our Tumultuous Years, and served as Press Secretary for Alaska's state Senate Democrats and as Communications Director for the state's Democratic Party. (She is currently working with FX to develop a television series based on her book, The Blood of Patriots, which she co-wrote will Bill Fulton about the Alaska militia movement.)

Before we get to Palin and the potentially insane way that Alaska is about to run its Special Election, Devon offers some thoughts on the decades long legacy of the late Don Young who, though "he didn't have that much power anymore" after being stripped of Congressional committee assignments due to "blatant corruption," was still "an institution, and Alaskans like their institutions."

While some in the media have been regarding Palin as the front-runner to fill Young's seat, Devon seems less convinced. "Palin's approval rating and likeability has been underwater since she quit [in 2009.] She is not a popular figure in the state anymore." Devon cites a comment she saw at today one of the "hardcore fringey rightwing" Facebook groups she sometimes drops in on, suggesting those folks do not appear to be fans. "Very hard pass," she reports one commenter as writing, adding "she quit once when the going got tough. And in my mind that defines her entire political career."

A lack of popularity is not all Palin will have to contend with. There are more than 40 candidates running in both the Special and regular primaries, which will be held on the same day. Palin has signed up for both. But in addition to several progressive candidates Devon cites, with impressive resumes and following, she seems most excited about one candidate on the ballot with at least as much "name recognition" as Palin: Santa Claus!

Yes, Claus is "actually a member of the North Pole City Council" and "literally on the ballot". He represents what Devon describes as "one of the most conservative towns in Alaska" and "he is a democratic socialist --- of course --- because he's Santa!"

Devon notes, however, that "Santa Claus has also said he will not run for the next full term. He will just run to finish the end of Don Young's term. Because we are now faced with two elections."

As to those two elections, they will be run under a new scheme in the state. For the first time, anybody who wants to run for office can simply sign up to run, no petition gathering necessary. (Thus, the 40+ candidates!) The top four vote-getters in the primary will then go on to the general election, which will use Ranked Choice Voting (RCV) --- a confusing and difficult to both count and oversee method of voting, allowing voters to rank their choices for the office. (As I explain to Devon, when and if Alaska tires of RCV, as many jurisdictions do after using it, when they discover that neither voters nor candidates understand it, they may wish to look into the simpler Approval Voting method, allowing voters to choose Yes or No for all candidates on the ballot. Easier to understand, to count and to oversee, since computers and centralized counting aren't needed for the complicated math and many rounds of tallying necessary under RCV.)

Of course, Devon has much more insight on what is likely to be a fascinating and/or hilarious race, with both Palin and Clause on the ballot. Additionally, there are six Democrats on the Special Election ballot. Among them, she cites "Christopher Constant, who was the first openly gay person to be elected to the Anchorage Assembly --- and remember, Anchorage is half the population of the state. Then there is Mary Peltola, who long ago served 12 years in the legislature. She's an amazing Native leader who is also an expert in fisheries, which is important up here. And there's a sitting legislator from Fairbanks named Adam Wool. So all of these are Democrats who could certainly fill that slot."

She also has some thoughts to share on Sen. Murkowski, who is up for re-election this year as a Republican --- after voting to remove Trump from office in his second impeachment and declaring her support for Ketanji Brown Jackson this week. Will that doom her chances of re-election? Tune in to find out what Devon has to say about that race --- which will also be run as a top-four primary contest with an RCV general, in a state which has a history of plenty of election and tabulation controversy in recent years.

Finally, after that amusing segment, Desi Doyen joins us to ruin all the fun, as usual, with our latest Green News Report, including special coverage of the U.N. IPCC's latest report warning that Planet Earth is likely to blow past the climate targets set by the Paris Climate Accord, even though, as the scientists note in their report, it is still not too late for the nations of the world to institute mitigation efforts to avoid catastrophic global warming in our all-too-near future...

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: Legal journalist Mark Joseph Stern of Slate; Also: Major new study confirms Ivermectin ineffective as COVID treatment...
By Brad Friedman on 3/30/2022 7:13pm PT  

On today's BradCast, one of our favorite guests is back to explain why the wildly corrupt Thomases, as horrible as they are, may be one of the least of our concerns when it comes to what the rest of the GOP's wildly corrupt --- not to mention stolen and packed --- U.S. Supreme Court may now be moving toward.[Audio link to full, must-listen show is posted below.]

First up, however, a major new, peer-reviewed, double-blind study released in full today, finds what many have been trying to make clear for quite some time: There is no legitimate evidence that the anti-parasitic drug Ivermectin, most commonly used to de-worm horses, has any positive effect as a treatment for COVID.

In fact, as one part of the huge new Brazilian study found, placebo pills were actually more effective than Ivermectin! Dr. Andrew Hill, a virologist at the University of Liverpool in England, whose early analysis (since retracted) of several smaller studies (at least one of which appears to have been fraudulent) was frequently cited for evidence of the drug's effectiveness, appears now to concur that the new Brazilian study pretty much removes all doubt. Ivermectin is of no use in treating COVID. We now have a pretty large body of evidence demonstrating that is true no matter what clownish TV doctors and profiteers and misinformation specialists on Fox "News" or Joe Rogan's podcast have to say about it.

That said, there are safe and effective (and free) ways to avoid the worst effects of COVID, which peer-reviewed studies have confirmed. They include the Moderna and Pfizer vaccines. Actual professional virologists, epidemiologists and both the CDC and FDA strongly recommend them, as do we. Earlier this week the FDA authorized a second booster shot for anyone over 50 who hasn't received a shot in the past four months. Please get one and let's end this goddamn pandemic once and for all. Thanks.

On to our main topic(s) today, as we're joined by the always great, always illuminating, and pretty much always-right-about-everything MARK JOSEPH STERN, legal journalist from Slate.com who smartly covers the law, the court system, the U.S. Supreme Court, election law, LGBTQ issues and much more.

We've got just a few things to discuss with Stern today, including the ridiculous Senate Judiciary Committee confirmation hearings last week for Judge Ketanji Brown Jackson, Joe Biden's nominee to the U.S. Supreme Court, where she would be its first black female Justice. On Wednesday, it was actually news for some reason that one Senate Republican has announced she will vote for Jackson's confirmation. But, beyond the childish stupidity of Republican Senators on the Judiciary Committee last week falsely suggesting that Jackson is somehow in favor of child porn and terrorists, there was something else far more disturbing that emerged from the GOP questioning of Biden's highly qualified nominee.

In short: Republicans aren't just targeting Roe v. Wade's well-established right to an abortion (which the Supreme Court is very likely to overturn within the next few months), but they actually appear to be gunning to reverse a whole bunch of landmark, privacy-related rights, including Obergefell v. Hodges, the landmark 2015 ruling establishing a Constitutional right to same sex marriage equality. But that's not all. Also now in their sites for reversal are Griswold v. Connecticut (1965, establishing the right for married couples to buy and use contraceptives) and, yes, even Loving v. Virginia (1967's landmark civil rights decision establishing the right to interracial marriage)!

Think these concerns are exaggerated? That Republicans aren't actually gunning for those federal rights as well? Tune in and find out if you're wrong.

Also, as we discuss, Stern now believes it is unlikely that Republicans will ever vote to confirm another Supreme Court Justice nominated by a Democratic President if they regain majority control of the Senate. He further believes they will stop confirming the President's nominees for any judgeship on the federal bench.

"It is very clear now that Republicans begin from the position that Democratic Presidents have no authority and no right to appoint Supreme Court Justices, or to appoint lower court judges. This is following a longstanding pattern in the Senate of Republicans almost uniformly --- or all uniformly --- voting against nominees to the lower court, including many who are super-qualified and uncontroversial," Stern observes. "We have swung back and forth between close confirmation votes and big overwhelming lopsided confirmation votes, but I fear that this is how it will be forevermore."

While those issues would be more than enough to fill an entire interview, it's not even half of what we cover with Stern today, including his thoughts on the wildly corrupt longtime rightwing activist Ginni Thomas and her husband, the wildly corrupt longtime rightwing activist Justice Clarence Thomas. The conversation follows on last week's explosive revelations that Ginni was relentlessly texting Donald Trump's Chief of Staff Mark Meadows in November of 2020, urging him to fight to reverse the results of Joe Biden's election victory, in hopes of overturning American democracy itself.

Given that Clarence was the only vote on the High Court in favor of blocking subpoenaed documents from the Trump White House, which might have included emails and text from Ginni, from being turned over by the National Archives to the U.S. House January 6 Committee, Stern believes this matter is now like nothing we have ever seen at SCOTUS.

"This may feel like the latest in a long line of atrocious conflicts of interest and injustices that Clarence and Ginni Thomas have inflicted on the country, but it is materially different, because we have never before seen a case where Clarence Thomas' vote so directly implicates his wife's work," Stern argues. After I note another such case --- where Ginni received hundreds of thousands of dollars in dark money for her so-called non-partisan non-profits following Clarence's vote in the 2010 Citizens United case (after that very same group, Citizens United, had quietly spent hundreds of thousands to help push through Clarence's controversial confirmation in 1991!), Stern notes that it "looks to the world, quite reasonably, like a husband trying to shield his wife from legal scrutiny. I think that is a huge leap forward in this story. This is different in kind, not just degree." He adds: "I think it's helpful to draw this distinction between votes that benefit a spouse and votes that shield them from a criminal probe."

So what should be done about the Thomases? Tune in for Stern's thoughts (and mine!) for a very lively conversation on that.

But wait, there's more! You may have heard about last week's outrageous "shadow docket" decision by the Court that put on hold a ruling by Wisconsin's Supreme Court, including the opinion written by one of its leading conservative justices, finding that Democratic Governor Tony Evers' new map for state legislative seats in the Badger State should be used in this year's redistricting, following the 2020 Census. The GOP's corrupt SCOTUS, however, feels otherwise, even though Evers' map was closer to the state's previous (and wildly gerrymandered) one than the map pushed by the state's far-right gerrymandered state legislature. To make the matter even more absurd, the High Court completely ignored its own entirely made up and opportunistically used "Purcell Principle", which is supposedly meant to prevent last minutes changes to laws that might throw elections into chaos. In this case, since Wisconsin's Supreme Court and Democratic Governor both agreed that a new black majority district was needed in Milwaukee, the rightwingers on SCOTUS decided they'd never heard of Purcell or, apparently, the Voting Rights Act of 1965.

If you're flummoxed about all of this based on the above explanation, you're not alone. Tune in, as Stern tries, as usual, to help us make sense of the senselessness now coming out of a U.S. Supreme Court that is on the verge of losing whatever shred of legitimacy it may have had left at this point...

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: Amy Slipowitz of Freedom House; Also: Keeping up with the wildly corrupt Clarence and Ginni Thomas; Some good news for EVs in the U.S....
By Brad Friedman on 3/25/2022 7:08pm PT  

I don't think "freedom" means what many on the Right in this country seem to think it means. Our guest on The BradCast today, an expert in such things, seems to agree. [Audio link to full show follows below this summary.]

First up, Lord Manchin has spoken! We'll soon learn if Lady Sinema agrees. But, for now at least, West Virginia's Democratic Senator Joe Manchin is not taking the bait from Republicans this time around. He says he will be be voting in favor of Judge Ketanji Brown Jackson, Joe Biden's nominee to the U.S. Supreme Court, after a week in which she was flogged by all sorts of stuff and nonsense from an increasingly ridiculous, pathetic and extreme Republican caucus in the U.S. Senate. We don't yet know if the other obstructionist Democratic Senator, Kyrsten Sinema of Arizona, agrees, but if so --- and presuming all 50 Democratic Senators stay healthy between now and the time they hold a vote to confirm Judge Jackson --- we should have our first black female Supreme Court Justice on the High Court very soon.

But, speaking of both corruption and the Supreme Court, its longest-serving and arguably most corrupt Justice (though there's much competition here), Clarence Thomas has reportedly been discharged from the hospital after a week of treatment for a still unspecified "infection". After waiting two days to report that he'd been admitted in the first place last Friday, the Court said on Sunday that the 73-year old Thomas would be out of the hospital after receiving intravenous antibiotics for his "flu-like symptoms" by Tuesday. But after Wednesday and Thursday happened without any updates on his condition or whereabouts, we are told he was finally released on Friday, though no more information was provided on either his condition or his ailment.

That news comes a day after his similarly corrupt, far-right activist wife Ginni Thomas made headlines again on Thursday, when news of a series of insane text messages she sent to then White House Chief of Staff Mark Meadows was made public on Thursday afternoon. The messages Ginni sent to Meadows in November of 2020 included loony conspiracy theories claiming the 2020 election was stolen from Donald Trump and instructed Meadows to fight to overturn the results finding that Joe Biden had won.

And all of that was going on even as Ginni's husband Clarence was voting (thankfully) in the minority on the Court in favor of Trump's various dumb challenges to the results of the election he lost, and for attempts to block things like lawful Congressional subpoenas, which would include Ginni's messages to Meadows, from being shared with the U.S. House Select Committee investigating the January 6th 2021 insurrection at the U.S. Capitol. Of course, Clarence, who has been trying to hide both his and his wife's corruption for decades now, never recused himself from any of those cases, despite the outrageous conflicts of interest caused by his far-right activist wife. Luckily for them both, they are Republicans. So his corruption on the bench will likely be allowed to continue.

But, It is that sort of corruption and much more from the unapologetic Rightwing in this country --- as opposed to a lack of "freedom" to go maskless during the worst pandemic in a century --- that has helped precipitate the United States' fall in the annual Freedom House ranking on the condition of political rights and civil liberties in nations across the globe.

The non-partisan group's 2022 report is titled "The Global Expansion of Authoritarian Rule." It follows on last year's, titled "Democracy Under Siege," which we discussed at the time of its release on this show with one of its co-authors. In both, the U.S. no longer even cracks the top 50 most "Free" countries anymore, based on the 25 indicators measured by the group of international experts who work with Freedom House, which, founded in 1941, describes itself as "the oldest American organization devoted to the support and defense of democracy around the world."

After 16 consecutive years now of what Freedom House warns to be a "decline in global freedom," in which democracies are becoming less democratic and authoritarianism continues to rise across the globe, the U.S. now ranks at about 63rd on the list. It's tied with nations like South Korea, Romania and Panama, and and comes in just behind nations like Argentina, Mongolia, Croatia and Latvia on their Freedom House's index. We are now far behind Slovenia and the Czech Republic and, according to this year's report, have nowhere near the Freedoms available in nations such as Taiwan, Estonia or Chile, much less Australia, Switzerland, Japan, Uruguay, the Netherlands, Canada and New Zealand. For the record, the nations tied for the most "Free" in the world: Norway, Finland and Sweden.

Our guest today is AMY SLIPOWITZ, Freedom House Research Manager and co-author of their flagship annual report. Our conversation includes the methodologies used in compiling the group's findings and how they define what "freedom" actually is. "It's pretty simple," she explains. "To us, freedom means democracy, a governing system based on the will and consent of the governed. It has institutions that are accountable to all citizens. These include things like an independent judiciary, free media, and strong civil society. And ultimately, a democracy is the best system for ensuring that everyone's human rights are respected, no matter who they voted for."

What are the key differences between this year's reports and last year's? "The main driver that we found for the decline in 2021 was that autocrats are increasingly cooperating and supporting each other in their attacks on democratic norms and institutions," Slipowitz asserts. "And with this, authoritarians have made really enormous gains in the international system. So they've been able to use that influence to promote autocracy as a viable alternative to democracy. The cooperation isn't based on any unifying ideology, or even friendship or affinity among authoritarians, but on a single shared interest, which is to stay in power by any means necessary."

"A key part of this is trying to transform the international system, where the rules-based international order no longer applies," she adds. "So that's where you see authoritarian regimes causing conflict and other really egregious abuses. We've seen this manifest with things like more military coups, more elections with pre-determined outcomes, power grabs. To give just a couple of examples, military coups happened in five countries this year. This was more common in 2021 than in any year of the past decade."

Among the related issues discussed with Slipowitz: What are the greatest factors in the slow decline of freedom and democracy across the globe over the past 15 years and the sudden plunge in freedom seen in 2020? Why is the U.S. now ranked so low on the Freedom House index, near the bottom of its index of "Free" nations? How much of a factor was the January 6th insurrection last year and new restrictions on voting in the U.S. in their determination? Does the rest of the world still consider the U.S. to be a "beacon of freedom" worth following and emulating? How do mask and vaccine mandates amid the COVID pandemic, dramatically cited by many on the Right as the death of personal freedom, play into this year's ratings? How about the banning of books and the teaching of subjects such as systemic racism and sexuality? And, have we seen a similar years-long decline in global democracy and rise of authoritarianism at any other time in recent history?

"It's much easier to dismantle democratic systems than it is to build them back up," Slipowitz warns. "For the U.S. to recover from this 11-point decline over ten years, it's really important that the more structural issues be strengthened and fixed." All of that and much more during our enlightening --- and occasionally chilling --- conversation.

Finally today, some quick coverage of several good(ish) news stories we had hoped to cover yesterday, but had to dump at the last minute, thanks to the breaking news of the wildly corrupt Thomas clan. Among those stories: the rise in gas prices due to Big Oil profiteering and Russia's war in Ukraine is leading to a huge increase among American car buyers interest in battery-powered electric vehicles and hybrids; Emerging evidence that the Biden Administration may considering use of the Defense Production Act to build electric heat pumps here in the U.S. to help replace some 75 million oil and gas furnaces in Europe, currently dependent on Russian gas (as we discussed recently with climate journalist and activist Bill McKibben); And a doubling of the number of battery-powered electric delivery trucks being ordered by the U.S. Postal Service and its corrupt Postmaster, Louis DeJoy. (That still only amounts to a bare one-fifth of the new trucks being ordered at the moment to replace the aging, gas-guzzling USPS fleet...but we're still working on it!)

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Guest: Prof. Jeffrey Sonnenfeld of Yale School of Management; Also: More climate-fueled disasters in LA, TX; And, where is Clarence Thomas?...
By Brad Friedman on 3/23/2022 6:47pm PT  

Today on The BradCast: If you might otherwise expect a Senior Associate Dean at Yale University's School of Business Management to be a stodgy, rightwing, so-called pro-business conservative, think again. The one joining us today, naming and shaming major international corporations for continuing to do business with Russia even after their barbaric, nearly month-long destruction of Ukraine, is anything but. [Audio link to full show is posted below this summary.]

But first up today, very quickly, what you need to know about the deadly tornado swarm that slammed Louisiana and Texas overnight. It's just the latest in an increasingly long and violent string of climate change-fueled disasters slamming both states. Desi Doyen explains what climate scientists are learning about changes in tornadic weather as our climate crisis worsens in places like her old home state of Texas which, in recent years, has faced one such costly and deadly disaster after another (as the Republicans who control the state pretend fossil fuels have nothing to do with it.) From hurricanes to flooding to cold snaps that knock out power to the recent drought and wild fires which, at least last night's storms helped, in part, to have quelled a bit for now.

Next: Where is Clarence Thomas? The wildly corrupt U.S. Supreme Court Justice was admitted to the hospital last Friday, though the Court didn't announce it until Sunday, when their statement said he was being treated with intravenous antibiotics for an "infection" and "flu-like symptoms." The Court said on Sunday that the 73-year old Thomas would be out of the hospital by Monday or Tuesday. But, as of Wednesday, the Court had no comment on his whereabouts or his condition. Hmm...That, as Judge Ketanji Brown Jackson faced another ridiculous day of childish questioning from Republicans in her Senate Judiciary Committee confirmation hearings to replace Justice Stephen Breyer on the High Court.

Then, we're joined by Yale School of Management's Senior Associate Dean and Professor of Management Practice JEFFREY SONNENFELD for a very lively discussion of the more than 450 American and international corporations that have withdrawn partially or fully from Russia, and the smaller (but still substantive and extremely shameful) number of companies still doing business there during Putin's deadly siege on his sovereign neighbor.

Sonnenfeld and his team of colleagues and researchers at the school began by compiling a list of those companies who had pulled out of Russia shortly after Putin's invasion, and those that had yet to. That "Hall of Shame" list has since gained a great deal of public attention and, he tells us, has both helped to both encourage and shame CEOs into shutting their doors in Russia.

"We just had a session with 70 CEOs --- you're the first to know about this --- major CEOs across the face of American industry, with General Mark Milley, the Chairman of the Joint Chiefs of Staff," Sonnenfeld tells us. "And he did emphasize that they are working off our list. We're humbled by that, but we know that people on Wall Street and the activist community are using it" as well.

Since its initial creation, the list is now broken down into more specific categories, including companies that have announced a full "Withdrawal"; others which merely declared a "Suspension" of operations for now; those that are "Scaling Back" by reducing operations; and the two most pernicious categories of companies that are either "Buying Time" by postponing new investments while continuing substantive business or, worst of all, "Digging In" by defying all demands to leave or even reduce operations there.

While Sonnenfeld notes that the list remains "a moving target", with several companies see their rating changed even as we went to air (the fossil fuel services giant Halliburton was moved from the worst, "Digging In," to the second worst, "Buying Time" today, for example), you'll be delighted to know our friends at the rightwing dark money conglomerate Koch Industries and its crappy paper subsidiaries like Georgia-Pacific, are staying put with Team Fascist Dictator for now.

On the other hand, Sonnenfeld says that he was pleasantly surprised that a number of Big Oil companies, "not usually on the leading edge of social change," pulled out early on. But, he has a thought or two for companies like Dunkin Donuts, Nestle, Mars candy and, yes, the rightwing Koch Industries, which, for its part, says they are staying in Russia for what they describe as the "health, safety and wellbeing of all employees. Leaving, they assert, "would only put our employees there at greater risk and do more harm than good."

Koch also justified their decision by claiming they refuse to "hand over these manufacturing facilities to the Russian government so it can operate and benefit from them." Sonnefeld identifies that as closer to the real reason Koch doesn't want to leave. "It's so ludicrous, on every level," he tells me. "There are now millions and million of employees that used to work for Western companies" now out of work in Russia. If all of those companies pulled out, "there wouldn't be a shred of legitimacy for the government. It would make the revolution happen instantly." He argues Russia couldn't "round up fifteen million people and then figure out what to do with them because they're not working for Western companies anymore. It's ridiculous."

Even companies like McDonald's, which has at least done the right thing by shuttering its 850 stores in Russia, only gets a "B" grade on the list's second, "Suspension" category, as they continue to pay their workers there in hopes of returning. "It allows Putin and Putin supporters to say, 'This was just ceremonial, it's temporary. You don't need to worry, they're not really leaving, they'll be back.'"

When asked if the company should receive plaudits for helping to keep their from going hungry, Sonnenfeld is unimpressed. "Those 60,000 people should be out of work and in the streets. That's what people don't understand on this," he insists. "They say, 'Oh, innocent Russians aren't responsible for what Putin is doing.' Yes, they are! It's their complacency. Putin is in power, not because he is popularly elected. He rules because of this iron fist of being a murderous tyrant. To take that on you've got to go in there with warfare. If we don't want to do that, one thing we can do to help those innocent Russians is to at least get them angry to be part of a civil disobedience, to be part of a shutdown of civil society."

He cites "bloodless revolutions" elsewhere, charging that "if you freeze up the economy, then you get people angry, out on the streets, and they bring down the government. But to keep them complacent and comfortable, that does no good whatsoever."

While recognizing the lack of a free press in Russia at this point, Sonnenfeld also has little sympathy. "It's because they willingly don't want to know. It isn't just because they don't get a free press. When all their favorite brands shut down and they're out of work --- if all of these non-Russian companies say 'You're a rogue nation!' --- maybe they'll start to realize that what Putin is telling them, that he's trying to 'liberate' Ukraine, they'll realize that's not true."

As you might guess, Sonnenfeld, the author of many books and academic papers on business management, leadership, and corporate governance, has much more to say on this subject and on the many companies who have done what he sees as the right thing, as well as those he feels should be penalized by the American people for failing to do so.

You can view the list or download a searchable Excel version here. But, first, you'll want to tune in for today's very lively and colorful conversation with Sonnenfeld...

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Also: GOP's KBJ confirmation idiocy; KY's anti-marriage equality clerk finally found guilty; 23,000 mail ballots rejected under new TX law...
By Brad Friedman on 3/22/2022 6:47pm PT  

There were a surprising number of callers into yesterday's program who seemed to believe that if the U.S. simply left Ukraine to its own devices, somehow there wouldn't be a massive genocide and destruction of the Ukrainian state by Russia, and that it wouldn't somehow lead to WWIII. Those callers are wrong, I'm sorry to say. And I'm even sorrier that many of them are on the left. On today's BradCast we spend some time explaining how many have come to misunderstand a lot of bad and (often purposely) misleading information out there, and how deeply-ingrained (and well-justified!) anti-war sentiments against the U.S. war machine are now ill-serving some on the supposed left now that Russia is the actual aggressor. We also cover several ongoing fights for our own struggling democracy here at home --- in the U.S. Senate, at SCOTUS, and in both Kentucky and Texas. [Audio link to today's show is posted below this summary.]

Among the many stories covered or referenced today...

  • A quick review of Day 2 of Judge Ketanji Brown Jackson's confirmation hearings in the U.S. Senate, where Republicans are spending their time questioning the first black female nominee to the U.S. Supreme Court as a way to improve their own electoral ambitions and/or nab an appearance on Fox "News". ("Do you believe babies are racist, Ms. Jackson?") Since we don't care to privilege the lies, we don't spend much time on that idiocy, though there were some important exchanges with some of the Democratic Senators, including Jackson's thoughts on the importance of respecting long-settled issues of law and civil rights. That, as the GOP's current stolen, packed and bought majority on the High Court begins dismantling decades of well-established and critical legal precedents.
  • Then, some thoughts on some of our callers and emailers on yesterday's program, when we opened the phone lines up to listeners on why they believe President Biden's approval ratings remain low, even as his actions in response to Russia's barbaric attack on Ukraine are so wildly popular among Americans of all parties. We discuss why we believe those callers who want the U.S. to stop supporting Ukraine are deadly wrong about that, and why an emailer who cites Putin's pretext about "de-Nazification" in Ukraine has been wildly misled.
  • That conversation also includes some audio from an interview with a Rabbi in Odesa by NPR's investigative correspondent in Ukraine, Tim Mak. He is told by Rabbi Avraham Wolf, during the interview in a synagogue built by his wife's great great grandfather in 1898, that he believes talk about Nazis in Ukraine is "stupid" and that he has "never in 30 years" experienced any anti-semitism in Odesa.
  • The conversation on all of this also includes this weekend's remarks on ABC News from the courageous Marina Ovsyannikova, a producer at Russia's state-run Channel One, describing her "spontaneous decision" to appear on air with a "NO WAR" protest sign during a news report recently. "I could see what in reality was happening in Ukraine, and what we showed on our programs was very different from what was going on in reality," she explained on Sunday following her arrest, as she still faces a potential 15 years in prison under Putin's new censorship law. While she claims that most Russians oppose Putin's "gruesome war," Ovsyannikova determined that her televised protest might "show to the Russian people that [the state-run media outlet's reports were] just propaganda, expose this propaganda for what it is and maybe stimulate some people to speak up against the war."
  • Then, it's back to our own faltering democracy in the U.S., but with a bit of long-awaited good news for a change. After seven years of delays in court --- thanks to a well-moneyed far-right legal outfit --- Kim Davis, the infamous and Fox-famous Rowan County, Kentucky Clerk who cited "religious beliefs" for her refusal to issue marriage licenses after SCOTUS established the right to marriage equality in 2015, was finally found to have violated the law. In a lawsuit filed by several couples who were refused licenses to marry, a George W. Bush-appointed federal judge held that Davis "cannot use her own constitutional rights as a shield to violate the constitutional rights of others while performing her duties as an elected official.” A jury will determine the financial penalty for Davis, who lost her re-election bid in 2018. Of course her wingnut attorneys will attempt to appeal all the way to the U.S. Supreme Court (even though they already rejected one of Davis' previous arguments...at least before Republicans stole their 6 to 3 majority on the High Court.)
  • In far less encouraging news, an AP analysis has determined that some 23,000 absentee voters in Texas' first-in-the-nation 2022 mid-term primaries on March 1, had their ballots rejected and never counted. AP finds roughly 13% of mail ballots were discarded under the TX GOP's new voter restriction law, SB 1, that they claimed would make it "easier to vote and harder to cheat". That, compared to the 2% of mail ballots that were rejected during the state's previous mid-term primaries in 2018. Thousands of voters in both Republican- and Democratic-leaning counties alike were disenfranchised under the first election held under the new law, though rejection rates were slightly higher in larger, more Dem-leaning counties. Mail voters in Harris County (Houston), for example, saw a gobsmacking rejection rate of 19%! In the weeks and months ahead, primaries will be held in some 17 other states where Republicans have passed new laws making it harder to vote in response to Donald Trump's evidence-free claims of massive fraud in the 2020 election.
  • Finally, and also speaking of Texas, Desi Doyen has our latest Green News Report, with out-of-control climate change-fueled wildfires spreading across the Lone Star State; unbelievably warm and unprecedented simultaneous extreme heat waves at both the North and South poles, and how KBJ's Senate confirmation reminds us yet again that elections (and voting!) have critical consequences...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 3/22/2022 11:09am PT  

IN TODAY'S RADIO REPORT: Texas wildfires continue to spread across the state; Supreme Court confirmation hearings for Judge Ketanji Brown Jackson begin at fraught moment for climate action; Wildfire smoke is accelerating Arctic warming; PLUS: Both Antarctica and the Arctic see unprecedented, simultaneous extreme heat waves... All that and more in today's Green News Report!

GNR's now celebrating 13 YEARS of independent green news, politics, analysis, snarky comment and connecting climate change dots over your public airwaves!
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Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): U.N. secretary general says global climate target 'is on life support'; 'Watershed Moment': SEC proposed landmark climate rules; How war in the world’s breadbasket "changes everything"; 4th round of UN talks fail to finalize a treaty to manage the high seas; 'Evolving intelligence' puts U.S. energy industry on high alert; A Chumash tribe and conservationists fight offshore wind turbines; Black, low-income areas in FL still haven’t recovered from Hurricane Michael... PLUS: The late Rep. Don Young leaves ab outsize natural resources legacy... and much, MUCH more! ...

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Senate confirmation hearings begin for Ketanji Brown Jackson; Russia's ground war on Ukraine nears 'stalemate' as deadly air bombardment continues; Callers ring in on Biden's response to Russia's aggression...
By Brad Friedman on 3/21/2022 6:01pm PT  

We're becoming too used to it by now, but it was another jarring start to an already busy week on The BradCast today, as we lurch once again between domestic politics and the hope for peace to somehow emerge in Ukraine. Callers ring in today on both topics. [Audio link to full show is posted below this summary.]

Among the stories covered on our program today...

  • 73-year old judicial activist and corrupt dark money champion Justice Clarence Thomas was hospitalized on Friday with an "infection" and "flu-like symptoms". The Supreme Court waited two days before announcing his hospitalization on Sunday night, claiming that his antibiotic treatment was working and that Thomas should be out of the hospital in a few days. They also report he plans to participate in this week's cases, even though he'll not be present for oral argument. But, since when did hearing the facts of a case ever have any sway on the opinions of the wildly corrupt Thomas? (Or his equally corrupt wife?)
  • After four hours of opening statements and opining by the 22 members of the U.S. Senate Judiciary Committee, Judge Ketanji Brown Jackson, President Biden's nominee to fill the seat on the U.S. Supreme Court being vacated by Justice Stephen Breyer this summer, offered her own brief opening remarks. Jackson, vowing to carry out her new role on SCOTUS with transparency and "without fear or favor", would be the first African-American woman on the Court, as well as the first one to have served as a public defender. Unlike Justice Thomas --- and the rest of the Republican appointees on the GOP's packed and stolen majority --- her nomination is, happily, not the culmination of years of dark money spent by activist political hustlers. We share Jackson's opening statement today, just in case you missed it.
  • Next, it's an update on the latest in Russia's horrific war on Ukraine, which is really devolving into two separate wars. One, a ground war which is grinding down to a stalemate for both sides, with Ukraine even winning back a bit of ground in recent days. The other, an aerial bombardment campaign which Russia is brutally winning with long-range missiles launched from within their own borders and an increasing number of criminal attacks by their air force on Ukraine's battered and besieged --- but still determined --- civilian population. There are also new concerns about radiation levels in the 1,000 square mile Exclusion Zone surrounding the cite of the 1986 nuclear disaster at Chernobyl, some 60 miles from the Ukrainian capital. We discuss.
  • Then, new polling finds that Biden's actions in response to Ukraine --- rallying sanctions against Russia by the West, defensive armaments given to Ukraine, otherwise keeping U.S. military troops out of the fighting --- are wildly popular among huge majorities of Americans, both Democrats and Republicans alike. So, why are Biden's approval ratings still so low? So far, there is no indication of a rally-around-the-flag effect that would normally be expected during wars and disasters (and this is both). Why is that? We discuss and open up the phones to listeners on that topic and related matters today...

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

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

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

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

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

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

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

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

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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