On today's BradCast: It was a wild ride on Tuesday night and into Wednesday morning, particularly in California, as eight states (CA, AL, IA, MS, MT, NJ, NM and SD) all held their held their mid-term primary elections, along with another special election for MO's state legislature.

Most eyes were on the Golden State Tuesday, as Democrats see as many as seven U.S. House seats currently held by Republicans that they may be able to flip this November. But, thanks to California's "Top Two" or "Jungle Primary" system, where all candidates, from all parties, run in the same primary --- with the top two vote-getters going on to compete in November --- there was a very real chance that Dems could have been shut out of some of those flippable races altogether, due to the sheer number of Democrats on yesterday's ballot. That bullet appears to have been dodged, so far. As of Wednesday afternoon, it appears that Dems will place in the two top in each of those races, though votes are still being tallied across the state, and a number of Election Day concerns have muddied some of the water.

One such concern is the more than 118,000 voters whose names were left off of the printed voter rosters at the polls in Los Angeles County, due to a "printing error". Though voters were all supposed to have been given provisional ballots if their names did not appear, the Lawyer's Committee for Civil Rights Under Law, which leads the national Election Protection coalition, reported in a statement last night that "many were not".

Meanwhile, in the northern part of the state, it was a failure of electronic pollbooks in CA's San Mateo County that forced some voters to cast hand-marked paper provisional ballots (arguably better than the county's 100% unverifiable electronic voting system, however!) And a similar failure of computerized e-pollbooks from a private vendor in eight different South Dakota counties also jeopardized that state's election on Tuesday.

We're joined today by JIM DEAN, longtime chair of Democracy for America (DFA), which has has been fighting to build a broad, progressive grassroots coalition since Dean's brother Howard famously ran for the Democratic Presidential nomination back in 2004. Dean, whose DFA-endorsed candidates won some and lost some on Tuesday, excoriates the national, "institutional" Democratic Party for meddling in state primaries, including in CA, where, he argues, voters, not the party, should be allowed to decide who will run in November.

"If we aren't good enough to expand the electorate in these districts, to have enough support so that one of the Democratic candidates is going to survive this top two 'jungle primary' system --- if we're not good enough to do that, then it doesn't matter whether they engineer a Democratic second place finisher or not," he contends.

He also suggests that this week's primaries in CA, may signal that it's time to end the state's "experiment" with the Top Two system, while otherwise observing that Tuesday, overall, was a very good day for Democrats and progressives alike. Dean tells me he is "celebrating" the "plethora of candidates that are out there running and putting themselves out" in response to the nation's "little Fort Sumter moment in 2016."

We also discuss what effect the 2nd place finish by Republican businessman John Cox to take on Lt. Gov. Gavin Newsom in the Gubernatorial race this November in CA is likely to have on Dems chances of flipping several House seats from "red" to "blue" and how the U.S. Senate contest between two Democrats, Sen. Diane Feinstein and the more progressive (DFA-endorsed) second-place finisher, state Senate President Kevin de León, might effect voter turnout across the state as well.

As to the party's national message, such that there is one to date, Dean believes the candidates who are running this year will force the party in the right direction. "Last year, canvassers were being told not to talk to voters about immigration and gun control," he says. "It's time for us to start standing up. The thing that is so great about these candidates, they're pushing this out. You may not agree with their positions, but they are pushing this stuff out. We are having a lot of progressive positions that do have traction. $15 an hour is another one. Medicare For All. A lot of things are going to come out in the primary process, and we just have to make sure the leadership doesn't buckle that down" as they have in years past.

"I think the candidates are going to change that. I'm confident their aggressive style is going to force the leadership to actually say what they're for, and not say 'you gotta vote for us because the other guy's really bad', which is not a winning message."

There was more good news elsewhere for Democrats and progressives on Tuesday, including in New Mexico where Debra Haaland now appears poised to become the first Native American woman ever in the U.S. House after winning her primary. And progressive grassroots upstart Susan Herrera unseated a long-serving, rightwing corporatist Democrat in the state's House of Representatives, making reform in NM for things like automatic voter registration and gun safety legislation now much more likely. There is no Republican running against her for the seat this fall.

Finally, in Missouri, Democrat Lauren Arthur won a special election for the state Senate, in a district that has been held by Republicans for more than a decade. Her whopping 19-point victory (a nearly 25-point swing since Trump won the district by 5 points in 2016), appears to be freaking out many Republicans in MO and elsewhere, who worry about the potential "blue wave" that Dems hope to see crashing ashore this November...

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On today's BradCast, we're joined by our old friend CENK UYGUR, host and founder of the wildly popular online news outlet, The Young Turks and the entire TYTNetwork. [Audio link follows below.]

We have a wide-ranging conversation on a host of important topics, beginning with the chaotic mid-term primaries coming up next Tuesday in California, where, for example, 32 candidates, from all parties, are vying in the same race for the top two slots to go on to the November general election in the fight for longtime Democratic U.S. Senator Dianne Feinstein's seat.

Of even greater concern to Democrats hoping to win back one or both chambers of Congress, are seven Republican U.S. House seats thought to be flippable in the Golden State this year. However, thanks to the state's "Top Two" primary system and a glut of Democrats on the ballot, the progressive vote could be split in a number of those races, resulting in no Democrats qualifying for the November ballot at all in several of those contests next week.

Uygur discusses the pros and cons of California's strange primary system and much more, including how both corporate and independent media ought to be covering the "insanity" of Donald Trump, who he describes as "the monster in office...on fascism's doorstep".

The corporate media, he argues, "are afraid of offending Republican viewers. Their business imperative to not lose a certain percentage of their audience is coloring how they cover the truth of the matter. In reality, they should go out there and do what we do, and say: 'If you believe this, you are nuts. It's not remotely true.' But they're afraid they are going to turn off 30% of the country, and lose advertising dollars."

"We are a news outlet that is proudly activist," he tells me when I ask whether TYT is a political organization. "The rest of mainstream news and corporate news say 'Hey, relax, don't do anything. Do the news, but don't care about it, don't try to fix anything! Fixing anything is bad!' And we don't agree with that. We think that you can present the news and say, 'Now here's what you can do to fix it.'"

As to independent outlets, he charges, "we're not emphasizing enough that the President of the United States is a combination of mentally unhealthy, certainly unstable, incredibly dumb and, most importantly, fascist."

We also talk about the continuing internecine battle between the progressive and establishment wings of the Democratic Party, whether they can and will and should come together this November, and we even chat a bit about the sad story of Roseanne Barr who, Ugyur believes, "similar to Kanye West, similar to Glenn Beck, similar to Alex Jones...all have mental health problems."

Uygur, who is also a founder of Wolf-PAC (fighting to get all money out of politics), and a former founding member of Justice Democrats (fighting to put progressive Democrats into office), also makes the case for a number of progressive U.S. House and Senate candidates in California endorsed by one or both of those groups.

Also on today's show: While the economy is supposedly doing great, according to Donald Trump and the GOP, wages are failing to rise commensurately, even after the massive tax cuts passed last year, largely for the wealthy and corporations. Now why would that be? And, some encouraging news today out of Virginia, which is poised to finally expand Medicaid under the Affordable Care Act ("ObamaCare") to some 400,000 residents, thanks to voters who turned out last November to flip enough seats in the state legislature from "red" to "blue" to finally assure health care to hundreds of thousands in the state. And, finally today, a bit more good news for Democrats, as new polling finds a majority of young voters plan to turn out to vote in this year's mid-terms, and they are far less Republicans than the population at large...

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On today's BradCast, Trita Parsi helps us make sense of the Israel/Syria attacks. I'm Angie Coiro of In Deep sitting in the host chair today.

Trita Parsi from the National Iranian American Council helps us get through the "they started it" claims around yesterday's attacks. We spend some time deconstructing media reports and voices on the issue. He talks, too, about the Americans still held hostage in Iran, and potential long-term consequences of Trump pulling out of the nuclear agreement.

Then Brad Adams of Human Rights Watch talks about the release of American hostages from North Korea. I ask him about Israel kicking a Human Rights Watch employee out, based on his support of the Palestinian-led Boycott, Divestment, Sanctions (BDS) movement.

Then it's back to Gina Haspel, as more news came out today about inaccuracies in her Senate testimony. Daphne Eviatar of Amnesty International details Amnesty's call for Haspel's CIA bid to be rejected.

Finally, we dig to the source of all those troublesome Scott Pruitt emails with Elena Saxonhouse, senior attorney with the Sierra Club. It was the Sierra Club's dogged insistence on getting 24,000 pages of emails that opened up all those tales.

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On today's BradCast: Don't be confused. Donald Trump has vowed "to bring back waterboarding and a hell of a lot worse", and he has now nominated someone to become CIA Director who has actually overseen such torture. [Audio link to show follows below.]

A noteworthy correction published by ProPublica on Thursday night, to an article they published last year, does not change the fact that Deputy CIA Director Gina Haspel, Trump's new nominee to become the next Director of the Central Intelligence Agency, personally oversaw the torture of U.S. held prisoners at a secret prison ("black site") in Thailand in 2002, and then directed the destruction of evidence documenting the torture.

To be clear, ProPublica (and others) are standing by their reporting that Haspel ran the prison in question during the torture of terror suspect Abd al-Rahim al-Nashiri, who the U.S. has admitted to torturing by waterboarding him three times at the secret prison. She also reportedly suggested the method used, an industrial shredder, to permanently destroy the video-taped evidence of both his torture and the waterboarding of Abu Zubaydah.

Those acts are impermissible under several different torture conventions to which the U.S. --- under the negotiation and urging of no less than President Ronald Reagan --- is a party, and European prosecutors are now reportedly investigating whether Haspel must be arrested for war crimes if she arrives anywhere on European soil.

All of that, as her nomination has returned U.S. torture to an issue of "debate" under this President, who promised, during his 2016 campaign, to "bring back" torture. Of course, leading the way is Rep. Liz Cheney (R-WY), daughter of the Vice President who set the standard for blatantly lying about modern day U.S. torture following the 9/11 attacks. Sen. Dianne Feinstein (D-CA), after taking some heat for suggesting she might vote for Haspel's promotion, is now calling for the declassification of documents detailing Haspel's role in these matters, in advance of U.S. Senate confirmation hearings.

Also today, news of Special Counsel Robert Mueller nearing what Trump has described as a 'red line' in his investigation, and growing concerns about what Trump's response to that may soon be. And, a few thoughts on the remarkable matter of the President of the United States bragging to donors this week of how he simply made stuff up while speaking to the Prime Minister of Canada, one of our closest allies and trading partners, about the U.S. trade surplus we have them (which Trump says he described as a "deficit", even though he proudly admits he had no idea.)

Then, very sad news today on the sudden loss of 88-year old progressive Democratic U.S. House "giant" Rep. Louise Slaughter of New York; Some brighter 2018 midterm news for Democrats from the Cook Political Report; and, finally, Republicans are having such a difficult time finding candidates to run for office in Nevada that they are now offering to pay them --- anyone --- to do so...

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On today's BradCast: Trump's unending White House chaos appears to have morphed into Trump's White House purge of not-insane top officials, beginning with his Tuesday firing of Secretary of State Rex Tillerson, via Tweet. [Audio link follow below.]

At the same time, Trump named rightwing former Congressman and Fox "News" Tea Party flunky turned CIA Director Mike Pompeo as his nominee to take over the role of the nation's top diplomat and Deputy CIA Director Gina Haspel, who oversaw torture at so-called "black site" prisons during the George W. Bush presidency, to take over Pompeo's role as CIA chief.

We're joined today by national security and civil rights journalist MARCY WHEELER of emptywheel.net to discuss all of today's alarming developments. At the center of our conversation, after discussion of why Trump off-loaded Tillerson, is whether Pompeo and Haspel will even be able to make it through the confirmation process in the U.S. Senate at all at this point, and how the entire mess, once again, highlights the shameful failure by Congressional Democrats and former President Barack Obama to demand real accountability for the war criminals at the center of Bush's torture regime.

"When people talk about how we ended up with Donald Trump, this is the problem," Wheeler argues. "We have excused things like torture for so long that it's just created the opportunity for Donald Trump. Yes, those precedents really created the way for him."

Remarkably, as discussed today, even Democratic Sen. Diane Feinstein --- who spent years heroically fighting the U.S. Intelligence agencies to expose their horrific torture practices --- seems prepared to approve Haspel, for some reason, as do the former heads of those agencies --- the very same folks who claim to oppose Trump and object to his response to allegations of Russian meddling in the 2016 election.

On Haspel, Wheeler warns: "She's terrible for two reasons. One is that she's a torturer, and not just a torturer but a particularly sadistic one. But the second one is that she orchestrated both a personal and agency cover-up. And so we should expect, with her as CIA Director, to have the CIA even less in control than it is now." Yes, Haspel also oversaw the CIA's destruction of their videotapes of torture sessions.

Hard to figure out who's more furious about it all, me or Wheeler, after years of warning about precisely this day.

On Pompeo, Wheeler says: "He is much closer to Trump's views on [Russia, North Korea and Iran]. Very importantly, especially on Iran. So I think if Pompeo is confirmed, I think the chances of us going to war with Iran are significantly higher."

And, just to make my day, she warns that, should National Security Advisor H.R. McMaster be replaced, as rumored, his replacement won't even have to struggle with Senate confirmation (a road, which she predicts, may be difficult for both Haspel and Pompeo, though more so for the latter.) If McMaster is replaced by John Bolton, as some have suggested, "he gets appointed, because it's not Senate confirmed. So If Trump wants him, he's in charge of nuking North Korea."

Finally, Desi Doyen joins us for some more thoughts on the removal of Tillerson (ironically enough, even though he previously served as CEO of ExxonMobil, he was decidedly not a climate change denier and actually supported the U.S. staying in the Paris Agreement) and for the latest Green News Report, in which the nation and planet continue to suffer from the perfidy of dishonest Republican climate change denialism...

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On today's BradCast: Democrats appear confident that they are heading toward a "Blue Wave" election in the 2018 mid-terms. Then again, they were also confident they'd soundly defeat Donald Trump for the Presidency in 2016. And the progressive/establishment rift that developed during the party's 2016 primary has, apparently, not gone away. [Audio link for show follows below.]

But first up today, the President's son-in-law and top adviser, Jared Kushner has reportedly lost his Top Secret/SCI-level security clearance, along with a bunch of other White House staffers, after failing to receive a permanent security clearance in the more-than-a-year since he's been serving.

Next, with one disturbing sex (and hypocrisy) scandal after another plaguing Republican candidates for office (as well as the President of the United States), we add several more such scandals to the list today. Among them, a GOP U.S. House candidate in Pennsylvania whose husband says she threatened to kill him in a drunken rage. That, after the woman was revealed to have had an affair with married GOP Congressman Tim Murphy in a neighboring PA district. After text messages revealed he advised her to get an abortion, he eventually resigned from the House last year.

Then there's the Republican candidate for Illinois' state Legislature who is said to have asked the party's leading state Attorney General candidate recently whether she was a "lesbo", before repeatedly using the n-word in front of the woman who happens to be a Harvard Law grad and former Miss America, as well as an African-American.

And, let's not forget the minister in Arizona running in the GOP primary today for the Special Election to take the disgraced GOP Rep. Trent Franks' vacated seat. After the far right Franks resigned from Congress last year following his own sexual misconduct allegations, former AZ State Senator and family values minister Steve Montenegro led the pack of some 18 GOPers vying for the nomination in the very right-wing Congressional district west of Phoenix --- at least until salacious text messages with a legislative staffer were surfaced just days ago.

So, yes, the Republicans have a lot of problems with their candidates of late, but Democrats are having a lot of problems with each other. The turmoil between the party's aging conservative establishment wing and its growing progressive wing have now begun to rear its ugly head again, after the intraparty rift that grew out of the 2016 Presidential primary between Hillary Clinton and Bernie Sanders.

Late last week the conservative Democratic Congressional Campaign Committee (DCCC) unleashed a remarkable attack against Laura Moser, one of the more progressive Democratic candidates, among eight, vying for the party's nomination in next Tuesday's U.S. House primary contest in the Texas' 7th Congressional District near Houston. And, over the weekend, the delegates at the annual California Democratic Party convention failed to endorse 4-term U.S. Senator Dianne Feinstein in her reelection bid, where she is being challenged by progressive state Senate leader Kevin de León. De León received 54% of the delegate votes to Feinstein's 37%. Neither reached the 60% required for an official state party endorsement.

We're joined today to discuss all of this from the Democratic side --- as the primary season finally gets officially underway --- by progressive advocate and Congressional elections expert HOWIE KLEIN, creator of the Down With Tyranny! blog and co-founder of the BlueAmericaPAC, which supports progressive candidates with small personal donations.

Klein (whose BlueAmericaPAC supports a different progressive in the race, Dr. Jason Westin) explains the DCCC's stunning attack on Moser in Texas late last week, while warning that there are many more such attacks to come against progressive candidates this year by the conservative DCCC. "They always, 100% of the time, support conservatives from the Republican wing of the Democratic Party," he charges. "That's what they do. They always try to undercut progressives."

"They're not more likely to win. The only time they can win is in a wave election," Klein argues, while responding to the DCCC's defense that they are only favoring candidates more likely to defeat Republicans this November. "The problem with these DCCC candidates is that they can't hold the seats. They get defeated in the next midterm. And that happens over and over and over again, and the DCCC can't understand that."

Klein also speaks to what he sees as both the reason for and solution to the DCCC's right-wing bent --- (for which he blames Democratic Congressional leader Nancy Pelosi who "used to be a progressive") --- and whether bitterly divided Democratic voters will find a way to come together this year once the primaries are over, in order to retake majorities in one or both houses of Congress.

He describes the current rift as an in "important ideological fight," and claims, "It's not a split between Bernie people and Hillary people in any way. It's an ideological battle of people who believe in what Franklin and Eleanor Roosevelt believed in, as opposed to people who are conservative Democrats who are frightened and afraid of innovation."

Speaking of which, Klein then offers his thoughts on why California's progressive Democrats are turning on the conservative Feinstein this year and how that may effect the 84-year old Senator's hopes of winning a 5th term in November. Related to that point, we also discuss the unpredictable "top two" primary system now used in California, where candidates from all parties run at the same time against each other, before the top two vote-getters --- from either the same or different parties --- then go on to compete head-to-head in November's general election...

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The significance of the previously concealed transcripts of Fusion GPS co-founder Glenn Simpson's unclassified Congressional testimony far exceeds the narrow, albeit accurate, observation that the transcripts blew a huge hole in one of numerous conspiracy theories about the so-called "Steele Dossier" floated by the President, his Republican allies in Congress and by right-wing propaganda outlets such as Fox "News".

Contrary to earlier GOP spin, the FBI initiated its Trump/Russia investigation before the Bureau was first contacted by Christopher Steele, the former British MI-6 intelligence agent and author of the 16 field memos collectively known as the "Steele Dossier".

Indeed, even Republicans now concede that point, as detailed by the feckless Nunes memo, which notes that the Trump/Russia probe was initially triggered by the loose lips of Trump campaign foreign policy aide, George Papadopoulos.

That timing issue, however, is but a tip of the iceberg.

We now know why Congressional Republicans sought for so long to keep the Simpson transcripts under wraps. They had hoped to erect a patently false narrative that depicted the 'Steele Dossier" as a groundless and politically-motivated exercise in character assassination; a "poison" that so tainted everyone at the FBI who touched it, that it called for, in the words of Jeannie Pirro at Fox "News", a "cleansing" and subsequent jailing of the individuals at the FBI and Department of Justice (DOJ) who have undertaken to investigate Trump/Russia.

By detailing both the sound investigative techniques applied by Simpson and Steele, and, most importantly, by explaining the real reasons why Steele reported his disturbing, yet entirely unanticipated findings to the FBI, the now public Simpson Congressional transcripts expose the mendacity behind a vicious right-wing assault on the integrity of the Trump/Russia probe and upon our federal law enforcement institutions. In the process, the Simpson transcripts raise even more deeply unsettling questions about the man now serving as the 45th President of the United States...

On today's BradCast, Hillary Clinton and FBI Director James Comey are both still explaining what exactly happened last year, and callers ring in with lots of thoughts on both of them. [Audio link to show follows below.]

Comey returned to Congress on Wednesday to testify before the U.S. Senate Intelligence Committee on his decision to announce the re-opening of the investigation into Clinton's private email server just over a week before last year's November 8th election. The testimony, in which Comey describes his two choices as being either "really bad or catastrophic", comes one day after Clinton cited that decision as one of several causes for her loss in the Presidential Election last year.

Today, we offer some extended clips from Comey's testimony and Clinton's commentary, before taking listener calls in response to both, as well as on the New York Times controversial decision (as discussed in more detail on yesterday's show) to hire climate science denier Bret Stephens for its op-ed page.

Also, Desi Doyen explains the Trump Administration pending decision on whether to pull out of the landmark U.N. Paris Agreement to curb greenhouse gas emissions, and possibly the entire U.N. Framework Convention on Climate Change. Also, she joins us for latest Green News Report', as Donald Trump rolls back safety regulations for off-shore drilling, implemented by the Obama Administration following the 2010 BP Gulf Oil Disaster...

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Today on The BradCast, a story out of France today, discussed at top of show, proves that things could be much, much worse. That said, with things as bad as they are, we discuss what needs to be done to restore sanity to Congress and how to save the Supreme Court, the right to vote, the truth, and everything else that is supposed to come with "democracy". [Audio link to show is posted below.]

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

• Civil rights opponent Jeff Sessions of Alabama was confirmed last night as the U.S. Attorney General largely on party lines, save for West Virginia's Democratic Senator Joe Manchin who voted for him. Should Manchin be primaried? Or is the fight for a Democratic majority as a check against Trump and the GOP more important? (I welcome your short and sweet comments on that for possible use on air! Email me, if you like: BradCast - at - BradBlog.com)

• Then, are Democrats taking the bait by taking the side of Trump's stolen Supreme Court nominee Neal Gorsuch, who claims to be "disheartened" by Trump's recent attacks against a federal judge? Answer: Yes, they are. But you can help stop that.

• Next, after new Attorney General Sessions takes office and immediately lies about violent crime statistics, what would he be willing to lie about next in order to make it harder for Democratic-leaning Americans to vote? Michael Slater, President and Executive Director of Project Vote joins us to discuss not only the "voter fraud" myths being perpetuated by Trump, but how American voters need to start working NOW on how to prevent (more) voter suppression and assure the right to vote.

While Slater tells me he believes the media are getting much better in their response to GOP "voter fraud" lies, he warns that Democrats still need a lot of help and organizations when it comes to keeping their eye on the ball. "The Democrats have never been as supportive of voting rights, and put as much energy into expanding voting rights, as we have seen the Republicans in their efforts to restrict voting rights," he notes, during our, at times, chilling, but hopefully enlightening conversation.

• Finally, Desi Doyen joins us for the latest Green News Report, as news breaks that the 3-judge panel on the 9th Circuit Court of Appeals has unanimously rejected Trump's bid to restore his stayed Executive Order banning immigrants, travelers and refugees from seven majority-Muslim countries...

All of that and much more on today's BradCast!...

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On today's BradCast, the U.S. Supreme Court's remarkable decision to punt on a 'religious freedom' case (for now) following the death of Scalia, and all hell breaks lose in Vegas over the weekend as Sanders supporters clash with party officials at the Nevada State Democratic Convention.

First up, some very encouraging news today about renewable energy use over the weekend in Germany. Everything else today is not quite as encouraging, beginning with SCOTUS' extraordinary decision to not decide Zubik v. Burwell, a case related to the Affordable Care Act (ObamaCare)'s mandate requiring contraceptive coverage by employers or health insurers.

Constitutional law expert Ian Millhiser, author of Injustices: The Supreme Court's History of Comforting the Comfortable and Afflicting the Afflicted, joins us to explain the Court's latest "punt", sending the case back to the lower courts in search of a compromise, and in hopes of avoiding another 4 to 4 split decision on the High Court as they wait for Republicans in Congress to fill the vacancy left on the Court in the wake of Justice Antonin Scalia's death in February.

Millhiser details both the case itself and the Court's 3-page non-opinion opinion [PDF] today which will, for the moment anyway, help to save access to birth control for thousands of women. He also describes why the Court made the ruling, the havoc that is expected to come from it, and why it underscores, yet again, the desperate need for a 9th Justice on the Court, despite the Senate GOP's unprecedented decision to block hearings on any nominee from President Obama.

Then, speaking of healthcare, while Sanders' policy for a single-payer universal healthcare program remains more popular than the policies of both Clinton and Trump, his supporters are growing increasingly frustrated with what they regard as unfair treatment by the Democratic Party establishment.

That frustration turned to fury over the weekend in Las Vegas, where the Democrats' state party delegate nominating convention devolved into chaos as a number of Sanders supporters were disqualified, party officials denied parliamentary procedure on rules amendments, and officials from the County Sheriff's office were brought in to clear the room as the convention was gavelled to a premature close. All in a huge fight over what might have resulted in 2 more Sanders delegates at the national convention in July.

We try to make sense of all of that (wish us luck!), before offering a preview of tomorrow's Presidential Primary elections in both Kentucky and Oregon...

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[I'm on the road today, so this BradCast was taped yesterday, just prior to the indictment of former U.S. House Speaker Dennis Hastert. For some quick thoughts on that, please see this article from last night. More when we return next week, no doubt. - BF]

President Obama says the Trans-Pacific Partnership (TPP) agreement is "the most progressive trade agreement the world has ever seen." Maybe. But if we can't see it, how can we know? Democrats (lots of them) say the trade pact is anything but progressive. So who's right? Who can tell when it's all being done in secrecy? We discuss on today's BradCast.

Then I'm joined by Miles Grant, Communications Director of the National Wildlife Federation and blogger at TheGreenMiles.com, to talk about his recent piece on the nation's "Roads to Nowhere" and whether voters really want more of them. We discuss why new, expanded roads don't solve traffic woes and why there's such a disconnect between politicians' billion-dollar new road projects and the public's desire to repair the ones we already have.

Plus: A recent IRS data hack holds lessons (again) for Internet Voting proponents; Seattle literally rejects Shell Oil's shit, and much more on today's BradCast!

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If there is a downside to the recently released executive summary of the U.S. Senate Torture Report [PDF], it can be found in the extraordinary lengths to which it goes to demonstrate a long-established fact: Torture is ineffective as a means for extracting actionable intelligence.

Emboldened by that focus, U.C. Berkeley Law Prof. John Yoo authored a response to the Senate Torture Report by way of a recent, Los Angeles Times op-ed. In 2002, while serving as the Deputy Assistant U.S. Attorney General, Yoo authored a memo that green-lighted CIA torture following the 9/11 attacks. The memo, according to UC-Irvine's renowned constitutional law professor Erwin Chemerinsky, should now serve as the basis for the prosecution of Yoo for war crimes. Shielded by the Obama/Holder Dept. of Justice's refusal to prosecute, Yoo shamelessly argued in his Los Angeles Times editorial that the newly released Senate Torture Report had shifted [emphasis added] "the debate beyond legality to effectiveness."

The issue of torture's "effectiveness" is not and never has been an appropriate subject for "debate." Robert Colville, the U.N. High Commissioner for Human Rights makes that clear in referencing the U.N. Convention against Torture, an international human rights treaty to which the U.S. is a signatory. "Torture is prohibited absolutely, in all circumstances, at any time," he explains in regard to the treaty signed by President Ronald Reagan. "It cannot be practiced in war, in peace, during emergencies, during internal instability, any circumstances whatsoever."

Those legal proscriptions apply not only to those who carry out torture but also, under the principle of "command responsibility," to high level officials who facilitate or fail to prevent torture by their subordinates.

As I revealed in my five-part series on the History of CIA Torture: Unraveling the Web of Deceit back in 2009, for me, torture is exceedingly personal. In late 1942 my father, James R. Canning, was waterboarded at Shanghai's Bridge House, an infamous torture chamber --- something that entailed a frightening, traumatic and "exquisitely painful," six-hour ordeal. He eventually signed a "false confession" stating that he was a British agent, even though he knew it wasn't true and even though he believed at that moment he was signing his own death warrant.

This Partial Trial Transcript [PDF] includes my father's testimony at the 1948 Hong Kong War Crimes Trials. It exposes the hypocrisy in the Obama/Holder DoJ's failure to apply the same ("command responsibility") legal standard to Yoo, former Vice President Dick Cheney --- who now proudly declares "I'd do it again in a minute!" --- and other high-level, Bush administration officials.

In 1948, that "command responsibility" standard was used to convict Lt. General Eiichi Kinoshida, who received a life sentence even though there was no evidence he personally participated in torture.

If we are indeed, as proclaimed by Sen. Diane Feinstein (D-CA) in her Forward to the Senate Torture Report, a "nation of laws," President Obama will heed the calls now being made by the ACLU, Human Rights Watch and even by The New York Times to appoint a special prosecutor who would investigate the crimes the CIA allegedly committed at the behest of Cheney et al --- crimes that appear as heinous and more so than those that were inflicted upon my father and his fellow civilian inmates during World War II...

If you didn't happen to see what happened Tuesday on the U.S. Senate floor [full video/transcript here] when Sen. Dianne Feinstein (D-CA) unleashed a stunning 38-minute speech excoriating the CIA for spying on U.S. Senate Select Committee on Intelligence staffers' work on a 6,300-page report detailing torture by the Bush-era CIA, you'll want to listen to this week's BradCast.

Even if you did see what happened on Tuesday, you should tune in to this week's show, as I suspect you'll get details on the various plots, cover-ups and related schemes that you haven't yet heard. I was joined to discuss the mess with our old friend Marcy Wheeler, the encyclopedic national security expert from Emptywheel.net and now Senior Policy Adviser at The Intercept.

She's been tracking this since at least 2009, and we went through the remarkable timeline beginning with Bush's "Enhanced Interrogation" torture program just after 9/11, through the CIA's attempted cover-up, shredding of videotapes and removal of documents from the Senate staffer's computers, on up to yesterday's explosive comments from DiFi and the implausible denials from CIA Chief John Brennan (and the calls for criminal charges by both parties) which Wheeler and others are now describing as a bona fide "Constitutional Crisis".

This is an extraordinary story. It's Spy v. Overseer; CIA v. U.S. Senate; Executive Branch v. Legislative Branch; DiFi v. Brennan; Hypocrisy v. Reality; Torture & Cover-ups v. Rule of Law & Constitution. And it all could, as Mother Jones' David Corn argues, very well "undermine the basis for secret government" itself.

In the second part of the show, we covered several much more encouraging news items from the past several days, as well as the latest Green News Report. Buckle up and enjoy!

Download MP3 or listen online below...

[A version of this article has now been cross-published by Salon...]

A number of unhappy "good government" groups will file a lawsuit against the Federal Election Commission next month, in hopes that the courts will force the FEC to enforce the federal campaign finance laws that the FEC is, supposedly, there to enforce.

The organizations are particularly unhappy about Karl Rove's Crossroads GPS "behemoth" outfit, which has raised hundreds of millions over the last several years to elect Republican candidates to office, recently receiving a pass from the FEC, even after the agency's Office of General Counsel found reason to believe Rove's group clearly violated campaign finance laws.

The news about the groups' intention to file suit was offered on the KPFK/Pacifica Radio BradCast this week by my guest, Craig Holman, the Government Affairs Lobbyist for Public Citizen's Congress Watch. Public Citizen, along with the Campaign Legal Center, Center for Media and Democracy, and Protect Our Elections filed the initial complaint over campaign spending in 2010 by Rove's then new non-profit 501(c)(4) organization. They now plan to sue the FEC for failing to do their job, Holman explained on the show on Wednesday. [Disclosure: Protect Our Elections is a campaign created by VelvetRevolution.us, an organization co-founded by The BRAD BLOG, though we weren't personally involved with either the complaint or the upcoming suit.]

"What's happened with the Federal Election Commission is," Holman explained during my interview [posted in full at the end of this article], Senator "Mitch McConnell [R-KY], back in about 2008, realized that even though he can't get Congress to rescind campaign finance laws --- and he certainly can't sell the public on rescinding campaign finance laws --- he realized that if he were to appoint three Republican Commissioners to the FEC, he could ensure that the campaign finance laws don't get enforced. And that's exactly what has happened." Holman detailed how three-to-three deadlock votes on whether to pursue further action in most of the campaign finance rulings by the three Democratic and three Republican Commissioners on the FEC has increased "nine-fold" since 2008. A deadlock vote effectively ends the matter, even if wrong-doing had been found by the investigative staff, as is the case here.

In the original complaint against Rove's Crossroads GPS, the FEC's Office of General Counsel (OGC) found that the group had spent a majority of its funding on campaigning in 2010. If so, that's a violation of the law, since Rove's group should have filed with the FEC as a political committee, rather than as a 501(c)(4) which is supposed to be a non-electioneering "social welfare" organization. As a political committee, funders would have to be immediately disclosed, but as a (c)(4), the identity of those funding Rove's organization can remain a secret....

Guest blogged by Ernest A. Canning

Recently, The BRAD BLOG criticized the undemocratic features of the new "Top Two" open primary system (aka the "Cajun Primary") in California. The new system, approved via a ballot initiative in 2010, changes the state's primary to system to allow a single, open primary in which the two candidates who receive the highest numbers of votes, go on to face each other in the November general election even if the combined totals of the 'Top Two' do not amount to a majority of votes cast in the primary.

In our critique, we cited the race for the newly created CA-26 Congressional seat where, despite a Democratic Party voter registration advantage, come November, voters may be forced to choose between a 'Tea Party' Republican and a stealth Republican who changed her party registration to independent just days prior to the candidate filing deadline because the two are matched against four Democrats on the June 5 "Top Two" primary ballot.

Our analysis drew criticism in comments from some right-leaning readers claiming our critique was simply a case of sour grapes by a progressive author. But, the state's upcoming U.S. Senate race reveals that the undemocratic potential of the 'Cajun Primary' cuts both ways; that there is a distinct possibility that all Californians, come November, will be forced to choose between the incumbent corporate Democratic Sen. Diane Feinstein, and the Occupy Wall Street-connected, computer scientist David Levitt (see video below), who is also a Democrat...