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Latest Featured Reports | Friday, November 8, 2024
Not All Bad: Abortion Rights Won Big (Almost) Everywhere: 'BradCast' 11/7/24
Guest: Alice Ollstein of Politico; Also: Wildfires in L.A.; Newsom readies CA for Trump; Biden vows 'peaceful transition'; PA U.S. Senate seat 'flipped'?; WA voters back climate law...
'Green News Report' 11/7/24
  w/ Brad & Desi
Trump re-election's worldwide implications for climate; Enviro groups vow to press forward; PLUS: Rafael hits Cuba; Wildfires in L.A....
Previous GNRs: 11/5/24 - 10/31/24 - Archives...
U.S. GIVES SECOND TERM TO CONVICTED CRIMINAL, ADJUDICATED RAPIST: 'BradCast' 11/6/24
Harris concedes, vows peaceful transfer; Guests: Heather Digby Parton, 'Driftglass'...
ELECTION DAY 2024: Tea Leaves, Probs for Some Voters, Details on What's Next: 'BradCast' 11/5/24
Also: Some apt points for this moment in history from television's past...
'Green News Report' 11/5/24
  w/ Brad & Desi
Tornadoes, wet weather complicate Election Day; October one of driest in U.S. history; 'Rafael' eyes Gulf Coast; Positive climate news; PLUS: Biden builds back better ports...
Previous GNRs: 10/31/24 - 10/29/24 - Archives...
'Closing Arguments' for Undecideds, Third-Party Voters: 'BradCast' 11/4/24
Also: Trump WILL try to steal it, if need be; Euro Greens call on Stein to drop out; Bernie's case for Kamala despite Israel policy...
Sunday 'Your Choice' Toons
THIS WEEK: It's One or the Other ... And It's All Up To You... In our final Pre-Election 2024 collection of the week's most important toons...
The GOP 'Voter Fraud'
Before the Storm:
'BradCast' 10/31/24
A primer on what election fraud actually is (and isn't), and how Team Trump is sowing seeds to steal the election if he loses again this year...
'Green News Report' 10/31/24
  w/ Brad & Desi
From extreme drought to deadly flash flooding in Spain; Worldwide toll on health from climate change is rising; PLUS: Environmental proponents hold breath for U.S. election...
Previous GNRs: 10/29/24 - 10/24/24 - Archives...
'Closing Arguments'with Digby and Driftglass: 'BradCast' 10/30/24
Guests: Heather Digby Parton of Salon, 'Driftglass' of 'Pro Left Podcast'...
Trump Promises to be a Lawless, Authoritarian President. Believe Him: 'BradCast' 10/29/24
Also: Bezos, Musk, and the menacing threat of America's ascendant billionaire oligarchy...
'Green News Report' 10/29/24
Climate and U.S. economy on the ballot; World on pace for dangerous warming; PLUS: Biden cracks down on lead paint and its serious threat to America's children...
Ballots Burn, Billionaires 'Obey in Advance', Callers Ring In: 'BradCast' 10/28/24
Also: Philly D.A. sues Musk over million dollar 'lottery'; Much more...
Musk's Privatized Internet Satellite System Threatens U.S. National Security
FAA should revoke billionaire's license to own, operate Starlink; federal law must be amended to nationalize it...
Sunday 'VOTE NOW!' Toons
THIS WEEK: Halloween Horrors ... Billionaire Endorsements ... 'The Best People' ... And more! In our latest collection of the week's most important toons...
'Green News Report' 10/24/24
Record heat, drought, wildfires in Northeast; Climate future depends on Senate majority; PLUS: Biden Admin racing election clock with climate, infrastructure funding...
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...


State-by-state analysis serves as warning to rogue election officials...
UPDATE, 9/6/24: ACLU seeks court order compelling MI county supervisor to certify '24 election results...
By Ernest A. Canning on 8/16/2024 10:35am PT  

Non-profit government watchdog, Citizens for Ethics in Washington (CREW) has detailed what they describe as an illegal plot among Trump-supporting county election officials to sabotage the certification of the 2024 election results.

The scheme has been reported elsewhere in recent days, including in an excellent deep dive by Justine Glawe at Rolling Stone, reporting on "nearly 70 pro-Trump election conspiracists currently working as county election officials [in battleground states] who have questioned the validity of elections or delayed or refused to certify results."

In a lengthy and detailed State-by-State Analysis [PDF] released this week, CREW is offering a roadmap of legal remedies in each of eight battleground states that, if followed, they believe can defeat the looming threat posed by such a scheme and ensure timely certification of results in this November's Presidential election...

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

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CO election clerk found 'guilty' for voting software breach; NY judge rules RFK Jr. used 'sham' residence to qualify for ballot; Musk and Trump charged with labor complaint after disastrous Twitter chat...
By Brad Friedman on 8/13/2024 6:31pm PT  

It was another not good day on The BradCast for entitled rightwingers working hard to undermine our American democracy. [Audio link to full show follows this summary.]

Among our coverage today...

  • Disgraced 2020 election denier, former Mesa, Colorado County Clerk and failed Republican Sec. of State candidate Tina Peters was found guilty by a jury of her peers on Monday for seven crimes related to her 2021 breach, copy and unlawful distribution of Mesa County's proprietary Dominion voting system software that she was elected to protect.

    BACKSTORY: Peters' breach in CO, which set off alarm bells at the time among voting system experts across the country, was one of several similar schemes apparently organized, in part, by former Trump attorney Sidney Powell in a futile effort to prove the 2020 election was stolen from him. Similar breaches were carried out in Georgia, Michigan and Pennsylvania, where some of the breachers are also facing state criminal charges. Deadbeat fellow election denier and reportedly nearly bankrupt MyPillow CEO Mike Lindell, who is being sued for defamation by several voting machine companies, aided and abetted Peters' crimes in various ways after the Mesa County voting software was released while she was on stage at Lindell's silly "cyber-symposium" in South Dakota.

  • Former-Democrat-turned-independent Presidential candidate Robert F. Kennedy, Jr. was found by a New York judge on Monday to have used a "sham" address to establish residency in the state where he doesn't actually live. As a result, after a four-day hearing, he will not be allowed to appear on NY's Presidential ballot. Moreover, the ruling may threaten his eligibility for some of the 19 state ballots where he has already qualified to appear and/or the 20 or so states where he is still hoping to do so.

    BACKSTORY: Back in 2011, we reported on then Utah U.S. Senate candidate Mitt Romney having done damn near the same thing. He had owned mansions in both New Hampshire and California, but, in 2010, he fraudulently registered to vote for a U.S. Senate Special Election in Massachusetts, where he had previously served as Governor, using his son's unfinished basement as his voting address. Nonetheless, despite their pretend opposition to election fraud, the Republican Party would later go on to nominate the fraudster Romney as their Presidential nominee in 2012.

  • Longtime opponents of workers and organized labor unions, Donald Trump and Tesla/Twitter owner Elon Musk, held what the New York Times described as a "two-hour ramble" on Monday night, on Musk's rickety, now largely rightwing social media site. It didn't seem to go well for either of them. It began about 45 minutes late after Musk's streaming audio platform kept failing. (He blamed a cyberattack. Trump blamed China. Evidence and folks who work at Twitter/X suggested there was no cyberattack at all.) But, at some point in the conversation, Trump and Musk began cackling approvingly about the idea of firing workers who threaten to strike or join unions. On Tuesday, the United Auto Workers, who have been encouraging Tesla workers to unionize, filed legal complaints against each man charging violations of the National Labor Relations Act.

    BACKSTORY: The UAW, and almost every other major labor union, has endorsed Kamala Harris in the 2024 election. UAW President Shawn Fain appeared at a rally with Harris and her running-mate Tim Walz in Detroit last week (the one with 15,000 attendees who Trump claims were not there, but were all A.I.) and described Trump as "a scab" who "doesn't know shit about the auto industry and doesn't give a damn about the working class in this country."

  • Finally, Desi Doyen joins us for our latest Green News Report, after the hottest July ever recorded; millions of gallons of raw sewage spills across parts of Florida following Hurricane Debby; and Republicans scheme, via Project 2025, to delete all federal government references to "climate change" if Trump is able to win back the White House in November...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Debby slams panhandle, threatens GA, SC; Worldwide investor panic; Trump court cases awaken; VA GOP primary recount; Polling place evidence suggests Maduro lost in a 'landslide'; Callers ring in...
By Brad Friedman on 8/5/2024 6:28pm PT  

We've got a flood of news on today's BradCast. Unfortunately, some of that reference is also literal. [Audio link to full show follows this summary.]

Among our many stories today...

  • Last week's primary elections in Tennessee (which they hold on Thursdays in the state, because they hope voters don't turn out for them!) saw state Rep. Gloria Johnson win the Democratic nomination for U.S Senate to run against the far-right Sen. Marsha Blackburn. Johnson was one of the "Tennessee Three" who state GOP lawmakers tried to expel after Johnson and two others state Reps participated in a gun safety protest on the House floor following a deadly mass shooting at an elementary school shooting in Nashville. Johnson, who is white, was spared expulsion by one vote. Her two colleagues, Reps. Justin Jones and Justin Pearson, both black, were expelled (though were subsequently returned to the House by their local constituents).
  • Hurricane Debby made landfall in the Big Bend region of Florida Monday morning, just 20 miles or so from where Hurricane Idalia came ashore less than a year ago. Desi Doyen joins us with details on the storm surge and catastrophic flooding that is expected in Florida, Georgia and South Carolina as the storm moves to the north painfully slowly. She also explains why these disasters are made worse and more frequent thanks to man-made climate change.
  • Also today, Wall Street weathered its own storm, as investors have begun to panic that the U.S. could be headed into a recession and/or that the Federal Reserve waited too long to lower interest rates. In Japan on Monday, investors really panicked, as the Nikkei 225 plunged more than 12%. The major U.S. indexes, however, "only" fell by about 2 or 3% today. Still, it was a bloodbath. We'll see what tomorrow brings.
  • After a months-long pause, Donald Trump's federal indictment for his several failed attempts to steal the 2020 election returned to the D.C. court of U.S. District Judge Tanya Chutkan. The pause was thanks to the U.S. Supreme Court's absurd ruling that Presidents enjoy immunity from most crimes they carry out while in office. That ruling, of course, though contrary to any non-corrupt reading of the Constitution, could still further derail the case. For now at least, after receiving the case back on Friday, Chutkan issued several rulings almost immediately over the weekend, finding mostly against the Defense in several outstanding motions. The case is, nonetheless, not expected to come to trial before this November's Presidential election, since her eventual rulings in regard to "presidential immunity" will almost certainly need to make their way back up to the corrupted SCOTUS.
  • In breaking news shortly before airtime today, Arizona Attorney General Kris Mayes announced that she was dropping charges against Jenna Ellis after the former Donald Trump attorney agreed to cooperate with prosecutors against her 18 co-defendants. They were all charged earlier this year with fraud, forgery and conspiracy related to the Republicans 2020 fake electors plot in the state. Among those charged along with Ellis and still facing indictments are former Trump attorneys Rudy Giuliani and John Eastman, as well as his former Chief of Staff, Mark Meadows. This could be very bad news for all of them.
  • Also today, the corrupted SCOTUS did the right thing for a rare change in declining to halt Donald Trump's sentencing on 34 felony crimes in New York related to his successful scheme to cheat in the 2016 election by paying hush-money to a porn star with whom he was said to have had a sexual tryst. Trump's criminal sentencing will now move forward --- unless something else derails it again (which is always a good possibility) --- next month on September 18th.
  • Over the weekend, Donald Trump backed out of the Presidential debate he previously agreed to participate in next month, as moderated by ABC News. He is proposing that he and all-but-certain Democratic nominee Kamala Harris debate before a live crowd on Fox "News" instead. The New York Times' coverage of that news over the weekend was wildly misleading and subsequently changed to eventually become accurate.
  • In Virginia last week, a machine recount determined that far-right Republican state Sen. John McGuire did indeed defeat the far-right Republican Chair of the far-right House Freedom Caucus, Rep. Bob Good, by just over 300 votes out of some 63,000 cast during the GOP's June state primary. Good, a 2020 election denier, ultimately abandoned his evidence-free claims of massive fraud via drop-box and conceded the race to McGuire.
  • Down in Venezuela, Socialist Party strongman Nicolas Maduro still refuses to release election results from tens of thousands of polling places after the nation's Presidential election just over a week ago. The National Electoral Council --- heavily stacked with Maduro loyalists --- announced on Election Night that Maduro defeated opposition leader Edmundo Gonzalez by about 7 percentage points. Both the U.S. (a longtime Maduro adversary) and Maduro allies such as the leaders of Brazil and Columbia, have called for Maduro to release all precinct-based results from the election. Without the ability for the public to oversee the full results, however, analysts are citing the limited number of Election Night precinct results tapes obtained by opposition-aligned groups from about 1,000 polling sites. Separate analyses of those poll tapes --- by New York Times, Associated Press and Washington Post --- suggest that Maduro not only didn't win by 7 points, he appears to have lost to Gonzalez in a 20-point landslide. We specifically detail the convincing NYTimes analysis and explain how Maduro could refute their findings by simply releasing the data that the voting public deserves to see. Democracy relies on the ability of the public to oversee its own elections. A fact that is equally true here in the U.S.
  • While we ran long with all of today's breaking news, we still had time for a caller or two, one of whom who clearly hates democracy --- and is, apparently, no fan of me either!

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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'No Kings Act' invokes a Constitutional clause allowing the carve out of exceptions to the High Court's jurisdiction on immunity related matters...
By Ernest A. Canning on 8/5/2024 10:05am PT  

Late last week, Senate Majority Leader Chuck Schumer and 34 fellow Senate Democrats introduced legislation that would not only overturn the "Presidential Immunity" ruling invented by the U.S. Supreme Court's right-wing majority last month in Trump v. United States, but would also strip both federal appellate courts and the U.S. Supreme Court of the jurisdiction to so much as stay criminal proceedings based upon a claim of "presidential immunity".

The proposed No Kings Act [PDF] cites provisions of Article III, §2, clause 2 of the U.S. Constitution, which expressly authorizes Congress to carve out "exceptions" to the Supreme Court's appellate jurisdiction. The newly introduced Act declares that "a President or Vice President is not entitled to any form of immunity from criminal prosecution for violations of the criminal laws of the United States unless specified by Congress," and then invokes the Article III clause to prevent federal courts from blocking any such prosecution on the basis of the Trump v. U.S. ruling.

Moreover, as the Democrats' announcement explains, the Supreme Court would also be barred from reviewing the Constitutionality of the No Kings Act itself. While the bill would allow Presidents and Vice Presidents to challenge its constitutionality, any such challenge would be ultimately decided by the United States Court of Appeals for the District of Columbia Circuit rather than by SCOTUS.

According to Schumer's statement:

The Founders were explicit --- no man in America shall be a king. Yet, in their disastrous decision, the Supreme Court threw out centuries of precedent and anointed Trump and subsequent presidents as kings above the law. Given the dangerous and consequential implications of the Court's ruling, legislation would be the fastest and most efficient method to correcting the grave precedent the Trump ruling presented.

The legislative Act, as proposed by Democrats, is manifestly different from President Biden's proposal to overturn the presidential immunity decision by way of a Constitutional Amendment...

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Guest: Jay Willis of 'Balls and Strikes'; Also: Trump NY gag order appeal rejected; Biden announces multinational prisoner swap with Russia...
By Brad Friedman on 8/1/2024 6:27pm PT  

Lots of good news and/or bad news on today's BradCast depending on how you may choose to see any of it. [Audio link to full program follows this summary.]

FIRST UP... The mid-level appeals court in New York (just below its highest court) rejected Donald Trump's attempt to lift whatever remains of the gag order against him in his hush-money case on Thursday. That's the case where he's been convicted of 34 felony counts for falsifying business records to hide a sexual tryst with a porn star in order to help him win the 2016 Presidential election. The gag order --- preventing him from attacking family members of the judge, etc. --- is likely to be lifted once Trump is sentenced on September 18, if in fact he sentenced at that time. The judge on the case, Justice Juan Merchan will decide on September 6th whether the case must be tossed entirely, given the corrupt U.S. Supreme Court's ridiculous, but still binding, recent ruling that Presidents are immune from prosecution for almost any and all crimes committed while serving in office.

THEN... Big news today from the White House as President Biden announced a multinational prisoner swap with Russia, that includes prisoners released from six different countries. Wall Street Journal reporter Evan Gershkovich and Marine vet Paul Whelan are among those Americans released by Russia today, along with a number of other journalists and political dissidents wrongly held by Russia, according to the U.S. Some of the prisoners, in fact, have been held for years, including Whelan who had been imprisoned since being arrested while attending a wedding in Russia in 2018.

Some critics, however, have charged that such deals --- often including the release of serious criminals --- merely incentive the taking of "hostages". The lead U.S. hostage negotiator, however, responds that, despite 70 Americans whose releases were won by the Biden Administration, the number of those taken captive has fallen. When asked by a reporter at the White House today about Trump's repeated comments that he could have brought these people whom without "paying" anything, Biden responded: "Why didn't he do it when he was President?"

NEXT... Earlier this week, President Biden detailed his three-part proposal for long-overdue reform of our corrupted, packed, stolen and activist U.S. Supreme Court. His proposed reforms include 18-year term limits for Justices, allowing every President to name a new Justice every two years; an enforceable, binding code of conduct, to prevent Justices from accepting undisclosed gifts and requiring them to recuse themselves from cases in which they have conflicts of interest; and a call for a Constitutional Amendment to roll back the Court's recent, absurd ruling that Presidents --- like kings --- enjoy near absolute immunity for all crimes committed while in office.

Biden has referred to his proposed Constitutional amendment as the "No One is Above the Law" Amendment. And on Thursday, Democratic Senate Majority Leader Chuck Schumer and 34 other Democratic Senators, released their own proposal for legislation they are calling the "No Kings Act". It is similar to the Constitutional Amendment sought by Biden, but, according to Schumer today, "would be the fastest and most efficient method to correcting the grave precedent the Trump [immunity] ruling presented." Schumer describes that ruling as a "dangerous and devastating" one, adopted by "the MAGA Supreme Court".

We're joined today by attorney JAY WILLIS, editor-in-chief of the Balls and Strikes website, which focuses on the Courts and court reform. Willis recently described Biden's proposal as "a nice first step", while explaining why doesn't go far enough. "The only way to solve the problem of a Court controlled by a conservative supermajority is to add justices to it," he wrote, charging that the benefits of Biden (and Schumer's) current proposals are swell, and broadly popular, but won't be truly felt for generations. "Backing term limits without also backing Court expansion is like explaining the concept of a life preserver to a person who is actively drowning," he quipped.

Today, Willis tells me: "My attitude towards Court reform is basically that it's difficult to go far enough to repair an institution this broken." He cites the broad bipartisan support for both term-limits and a binding ethics code, calling them "not particularly controversial policy ideas." But without expansion of the Court, he argues --- which is also popular, if not quite as much so for the time being --- the Constitutional damage that these current rightwing activist Justices will be able sow is virtually limitless.

We also discuss the difference between Biden's call for a Constitutional Amendment to overturn SCOTUS' immunity ruling and Schumer's push for legislation instead, and why some believe that any attempt by Congress to impose term-limits on Justices would be found to be unconstitutional. Ironically, it would be the Justices themselves, in theory, who would be the ones to make that ultimate finding. (Though shouldn't they all recuse themselves from such a case? If so, then what?)

"As long as John Roberts is in charge of this Court," Willis says that he expects any ruling on these matters would contain "a lot of, 'Thanks for playing Congress. Thanks for your opinion on what the Constitution means. But this is really our job, not yours.'"

In a follow-up piece, Willis detailed where Vice President --- and the Democrats' presumptive 2024 Presidential nominee --- Kamala Harris stands on the various elements of Court reform as sought by Biden, as well as for expansion of the Court to help UNpack it after the damage done during the Trump years.

FINALLY... Desi Doyen joins us for today's particular grim Green News Report today, though one that ends on a high note, at least!...

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, Pandora, TuneIn, Google, Amazon or our native RSS feed!

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Guest: 'Leaving MAGA' Founder and Exec. Director Rich Logis; Also: Kamala takes Milwaukee in first rally; MUCH more...
By Brad Friedman on 7/23/2024 6:41pm PT  

Following the tumultuous events of the last several days (and weeks) today seemed a good moment on The BradCast to check in on how the MAGA side of the aisle is processing everything that is going on. [Audio link to full show follows below.]

BUT FIRST, some quick news items, including the "roaring crowd" which greeted newly presumptive Democratic Presidential nominee Kamala Harris in Wisconsin, during her first rally following President Biden's decisions on Sunday to leave the race and toss his support to Harris. Tuesday's rally comes on the same day that Democratic Senate Majority Leader Chuck Schumer and House Minority Hakeem Jeffries joined a rapidly growing list of elected Democrats and pledged DNC delegates coalescing behind the Vice President's candidacy. It also follows on the all-time record shattering $100 million in donations that have flooded into her campaign coffers over the 24 hours following Biden's announcement and the nearly 60,000 voters since Sunday who have reportedly joined the campaign as volunteers.

Speaking to a huge crowd in Milwaukee on Tuesday, Harris --- a former California District Attorney and Attorney General --- described the choice this November as one between "freedom and chaos", as she laid out how she plans to prosecute her case against the 79-year old 34-time convicted felon, adjudicated rapist and fraudster, Donald Trump. We share a few sound bites from her rally today.

In other news today, Biden announced that he will address the nation from the Oval Office at 8pm ET on Wednesday explaining his decisions; Secret Service Director Kimberly Cheatle announced her resignation following the security lapse that led to the assassination attempt against Trump in Butler, Pennsylvania on July 13; And Democratic Sen. Bob Menendez of New Jersey finally announced he would be resigning next month following his conviction on 16 felony bribery and corruption charges. Fellow Democrats had been calling for Menendez' resignation for months, while Republicans, ironically, did not, since, after all, they are now supporting a man who has 34 felony convictions as their party's Presidential nominee!

IN THE MEANTIME, Republicans are having a difficult time figuring out their plan of attack against Harris after spending years assuming they'd be running against Biden. So, how are Trump's MAGA supporters responding to all of this?

We're joined today by former, dyed-in-the-wool MAGA member, RICH LOGIS who, after voting for Trump in 2016 and 2020 finally came to realize that he had been played for a chump as he had become little more than a member of a cult lead by the former President. Though it took some time to come to terms with it (as we've discussed with Logis on previous shows), he has courageously renounced his MAGA past, and has become the Founder and Executive Director of the non-profit called LeavingMAGA.org. It's mission statement: "Empower others to leave MAGA and tell their stories. Foster reconciliation with their friends and family. Develop movement leaders to help others leave."

As a former "MAGA American", Logis is also becoming our MAGA Whisperer. I wanted to touch base with him to find out how Trump supporters are processing the whirlwind of recent news, from the assassination attempt, to the naming of J.D. Vance as Trump's Vice-Presidential running mate, to the latest stunning turn of events with Biden dropping out and Harris taking over the ticket.

We've got a lot to discuss on all of those points, as well as on his continuing mission to offer a safe space for folks trying to extricate themselves from Trump's cult, and how he sees things playing out for MAGA World in the days ahead, based on whether Trump wins or loses this November.

"The assassination attempt, a lot of the rhetoric we're seeing now with Vice President Harris as the likely nominee, what it does is it really embodies that MAGA Americans view Mr. Trump as really the last stand," Logis tells me, after I share a clip from an Ohio state Senator who, yesterday at a Vance rally, asserted that "civil war" would break out if Trump loses. "And if he is not victorious," Logis continues, "if MAGA is not victorious, then it will mean that liberal democracy has taken over, and all of those in the MAGA community are going to lose their country." He admits, "it is what I believed."

Logis argues now, however, that "we need to move on from Mr. Trump, and the way that that will happen is that he and the Republican Party, ideally, are not just defeated but historically repudiated." In fact, he believes "the Republican Party is going to be historically renounced and repudiated in November. I think the Republican Party knows that."

We'll see if he's right. But we've got a lot to discuss along all of those lines with Logis today, including the years-long "grooming" of MAGA Americans by Trump, the rightwing media and cynical, opportunistic Republican politicians.

AND FINALLY today, some disturbing news out of Ethiopia, where heavy rain resulted in a pair of mudslides that have killed at least 229 people, including children, pregnant women and rescuers who had been searching for survivors from a previous landslide when the second one happened. That is followed up by our latest Green News Report with Desi Doyen, detailing the extraordinary climate legacy of Joe Biden, and the climate action records (or lack thereof) of both Kamala Harris and Donald Trump...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: More pressure from top Dems for Biden to reconsider candidacy; Judge nixes GOP vote suppression suit in NV; Biden calls for SCOTUS reform, national rent control...
By Brad Friedman on 7/18/2024 6:02pm PT  

I've got to post today's BradCast quickly a) before convicted felon Donald Trump speaks at tonight's RNC and b) before more political shoes (and/or earthquakes) drop. So, here's the quick skinny. [Audio link to full show follows this summary.]

Among our coverage today...

  • Donald Trump critic-turned-toady J.D. Vance of Ohio, officially accepted the GOP's nomination for Vice President during his remarks at the Republican National Convention on Wednesday night. His speech was long on hillbilly biography but very short (virtually bereft) of the horrifying policies that Vance actually supports. Helpfully today, we correct his oversight with actual facts and policy proposals from the ambitious Yale-educated Senator, including his push for a nationwide abortion ban with no exceptions; ending no-fault divorce; slashing Social Security and Medicare; embracing Project 2025, turning over Ukraine to Russia and much more!
  • While leaving out his radical policy positions, Vance also dropped a few big lies about a number of things during Wednesday speech. When it comes to his lies about all-time record, world-leading energy production under Joe Biden, our own Desi Doyen has a few thoughts and a corrective that J.D. and his convicted conman running mate would prefer you didn't listen to.
  • Self-proclaimed "Liberal Redneck" comedian Trae Crowder, who hung out with the GOP's new Veep nominee back in the days when Vance regarded Trump as "America's Hitler", also has a few insights on him today.
  • What explains the complete lack of pressing by corporate media for any kind of official medical statement on the injury suffered by Donald Trump during last Saturday's assassination attempt?
  • The Chief U.S. District Court Judge in Nevada tossed out a suit on Wednesday brought by the Trump Campaign, the RNC and the Nevada GOP seeking to block the counting of potentially tens of thousands of perfectly legal mail ballots in the battleground state, cast and timely post-marked by Election Day, but arriving up to four days after, as allowed by NV state law.
  • With President Biden now battling COVID again, top Democrats, including former President Barack Obama, House Speaker Emerita Nancy Pelosi, Senate Majority Leader Chuck Schumer and House Minority Leader Hakeem Jeffries have all reportedly been pressing the President, in various ways, to reconsider his insistence on staying in the race for reelection. If there is to be a change at the top of the ticket, it is believed likely to come (and would need to come) within days. Perhaps as soon as this weekend.
  • In the meantime, President Biden has been continuing to present new, popular policies --- as all Democrats should be joining him in doing at this point. This week, for example, Biden is reportedly planning to issue a long-overdue proposal for SCOTUS reform to include term limits and an enforceable code of ethics for Supreme Court Justices. He will also be proposing a Constitutional amendment to counter the Court's recent corrupt ruling granting criminal immunity to Presidents. Also this week, Biden has called for a national rent control statute that would cap rent increases at 5% annually unless landlords choose to forego federal tax write-offs. These are the sort of things that Dems should be doing right now, rather than squabbling amongst themselves. (Not that anyone asked me.)
  • Finally, Desi Doyen joins us for our latest Green News Report, as Toronto is crippled by extreme storms and flooding; the cost of extreme heat is quickly escalating in the U.S.; and as Marathon Oil agrees to pay a record fine for pollution under the Clean Air Act...

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Guest: Attorney Keith Barber; Also: Menendez 'guilty' on all counts...
By Brad Friedman on 7/16/2024 5:55pm PT  

On today's BradCast: Boy, if Joe Biden's "weaponization" of the Justice Department against Trump and Republicans keeps going like this, there won't be any Democrats left who haven't been convicted of a crime! Too bad old Joe didn't realize he should have just packed the courts with corrupt judges, like Donald Trump did. [Audio link to full show follows this summary.]

First up today --- after a kick-off by TikTok's @DanasInspired; a few thoughts on Trump's appearance at the RNC on Monday night after the weekend's failed assassination attempt and his naming of Ohio's Sen. J.D. Vance as his running mate --- we start with news about today's conviction, on all counts, of New Jersey's Democratic Sen. Bob Menendez. The three-term U.S. Senator and former chair of the Senate Foreign Relations Committee was found guilty by a jury on Tuesday after a nine-week criminal trial on charges related to abusing his office to protect foreign associates from criminal investigations and to help funnel money to Egyptian officials. In exchange, prosecutors alleged, Menendez and his wife Nadine Menendez collected millions in gifts, cash and gold bars. She was charged as well, though her trial has been postponed for the time being as she undergoes cancer treatment.

Democratic Majority Leader Chuck Schumer and NJ's Democratic Governor Phil Murphy each called for Menendez to resign following the verdict. He had previously vowed to run for re-election as an independent this year, while Democratic Rep. Andy Kim has been nominated by state voters to run for his seat in November against Republican Curtis Bashaw in the Dem-leaning state.

But Menendez' corruption doesn't hold a candle to Donald Trump's, thanks in no small part to the corrupt jurists Trump appointed to lifetime positions on the federal bench while in office, many of whom are now returning the favor at an alarming rate in recent weeks. On Monday, it was U.S. District Judge Aileen Cannon's turn, apparently, to use her position to let Trump off the hook. In this case, dismissing his 40-count federal criminal indictment brought by Special Counsel Jack Smith in South Florida for Trump's theft of thousands of pages of highly classified national security documents upon leaving office; his repeated refusal to return them to the government; and his attempts to hide them from prosecutors and enlist Mar-a-Lago employees to help cover up and/or destroy evidence of the crimes.

In a remarkable 93-page ruling [PDF] issued on Monday, Cannon dismissed the entire federal case against Trump and his co-defendants on the basis that Smith's appointment as Special Counsel was somehow in violation of the Constitution and federal statutes. The argument made by Trump's attorneys and accepted by Cannon --- who had already been slow-walking the case for months --- was similar to those repeatedly rejected for decades by judge after judge, including appellate courts and, as our guest details today, unanimously by the U.S. Supreme Court in Nixon v. U.S. But Cannon, appointed by Trump at the end of his term and seated after he lost the 2020 election, appears to know more about the law than all of those other lesser judges.

We're joined today by former lifelong Republican and attorney KEITH BARBER, who writes on the law and Constitution for Daily Kos as "KeithDB", where he detailed Cannon's ruling yesterday. He explains why both the text of the Constitution and several federal laws written to allow Attorneys General to appoint Special Counsels in cases where it is important to avoid the appearance of a conflict of interest, prove Cannon's ruling wrong. But, as he argues today, being right on the law doesn't actually matter. "She just wanted to dismiss the case because her buddy Trump appointed her [and] gave her that job. It's time to return the favor, and so she has," he says.

Barber published a second article yesterday listing more than half a dozen Special Counsels and Special Prosecutors appointed similarly to Smith, from Archibald Cox and Leon Jaworski in the Watergate matter to Ken Starr during the Clinton Administration to Robert Mueller's probe of Russian interference on Trump's behalf in the 2016 election to the recent probe of President Biden himself by Special Counsel Robert Hur.

"A lot of people have gone to jail as a result of special counsels appointed by the Attorney General" over the years, Barber tells me. "None of them got the benefit of a rogue judge saying, 'Nope, all of that is not valid.' The Republicans and the MAGAs like to talk about this notion of two-tiered justice and how unfair it's been to Trump. No court accepted the notion that Special Counsels weren't authorized by statute and weren't something Attorneys Generals could do until it came to Trump. That is what two-tiered justice looks like."

If Cannon's ruling on Monday is correct, Barber asserts, then as part of the Mueller probe, former Trump attorney Michael Cohen's three-year prison sentence would have been unconstitutional and Trump associate and convicted pedophile George Nader would need to be freed immediately from his ten-year prison sentence, among other cases convictions that would need to immediately be revisited.

Will this ruling hold up to appellate scrutiny by the conservative 11th Circuit Court of Appeal, much less Trump's corrupted, packed, stolen and activist U.S. Supreme Court majority? We discuss that and much more.

Finally today, Desi Doyen joins us for our latest Green News Report, as the misery and power outages continue in Houston, Texas following Hurricane Beryl, thanks in no small part to state Republicans refusal to harden infrastructure for a climate changed world, and as Trump appoints flip-flopping climate science denier J.D. Vance as his Vice-Presidential running mate...

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Also: Trump Stolen Documents Case Dismissed in FL; OH's J.D. Vance named as GOP Veep nominee; Callers ring in on all of the nightmares...
By Brad Friedman on 7/15/2024 5:52pm PT  

Well, it's been several slow news days since we last spoke on The BradCast. Sigh... [Audio link to full show follows this summary.]

On Saturday, a 20-year old registered Republican tried to kill Donald Trump during a campaign rally in Butler, Pennsylvania with the type of long-range, high-capacity, semi-automatic rifle that Republicans have spent years fighting to ensure are easily available to almost anyone in the country who wants one. Their only use is for mass shootings. Now we've had one at a Republican political rally. Thankfully, the shooter, Thomas Matthew Crooks, barely missed the former President. Though he did kill one rally goer and critically injured two others.

Democrats, from President Biden on down, have since been calling for a cooling of political rhetoric, the type of which led to the assassination attempt on Nancy Pelosi's husband, the attempted kidnapping and murder of Michigan's Democratic Governor Gretchen Whitmer, and the attempted insurrection at the U.S. Capitol, among too many other such recent incidents.

Republicans, on the other hand, from the new Republican Vice Presidential nominee and Trump critic turned toady, U.S. Sen. J.D. Vance on down, have opportunistically used the tragic shooting to blame Democrats somehow for the attempt on Trump's life. Some have gone so far as to blame Biden himself in one for somehow personally attempting to murder Trump. Republicans have also attempted to use the incident as a way to chill factual, peaceful political speech that is appropriately and accurately critical of their standard bearer and the party's efforts to undermine America's Constitutional democracy in favor of autocracy and fascism.

No actual motive has emerged for the shooter who was killed by the Secret Service and has so far been identified as a gun enthusiast and "definitely" a "conservative" by one of his former classmates.

We discuss much more on that story today which should have been our lead and only story today. Sadly, it wasn't.

Down in federal court in Florida, the corrupt Trump-appointed U.S. District Judge Aileen Cannon imagined up a reason to dismiss the entirety of Special Counsel Jack Smith's federal indictment of Trump and two co-conspirators on 40 criminal counts related to his theft of thousands of pages of classified documents when leaving the White House and his refusal to return them, in violation of the Espionage Act and other federal statutes. Cannon's reasons [PDF] for dismissing the case --- questioning the constitutionality of the Special Counsel's appointment --- has been rejected by court after court for years in many other cases where a Special Counsel was appointed (including the Robert Mueller probe of Russian interference in the 2016 election and more recently in the case against Hunter Biden) But, following recent instructions in a solo opinion issued by corrupt Supreme Court Justice Clarence Thomas (signed by no other Justices) in an unrelated case, Cannon dismissed the entire stolen documents case. The Dept. of Justice has said they will appeal. Hopefully, when they do, they will also finally move to have Cannon removed once and for all from this case.

Finally, we open up the phone lines again today to listeners who have many thoughts on all of the above...

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Guest: LawDork's Chris Geidner on that and the Court's massive 'power grab'; Also: Record-breaking Beryl; Heat records smashed across nation...
By Brad Friedman on 7/9/2024 6:39pm PT  

We're still catching up from last week's earth-shaking news week on today's BradCast, from the Supreme Court to our ever-worsening climate crisis. [Audio link to full show follows this summary.]

With understandable concerns about Joe Biden's candidacy following his debate performance almost two weeks ago, followed quickly by the July 4th holiday, I'm not sure that Americans yet fully appreciate the way in which our corrupted, extremist, radical, not-conservative-in-the-least U.S. Supreme Court has now upended the American experiment with its horrific, unjustifiable, anti-textualist, anti-originalist 6 to 3 ruling [PDF] last week on the previously unimaginable concept of "Presidential Immunity".

In short, as Justice Sonia Sotomayor detailed in her scathing, 30-page dissent and point-by-point rebuttal and evisceration of the corrupt, activist majority's ridiculous invention of a heretofore unknown "Presidential Immunity Clause" somehow hidden in the U.S. Constitution, the "decision to grant former Presidents criminal immunity reshapes the institution of the Presidency. It makes a mockery of the principle, foundational to our Constitution and system of Government, that no man is above the law."

She describes, on behalf of her fellow liberal Justices, the majority's opinion as "just as bad as it sounds," describing it as "baseless" and "nonsensical", in which "Argument by argument, the majority invests immunity through brute force.” It is "deeply wrong", "illogical" and "unprecedented," she warns, adding that it will "have disastrous consequences for the Presidency and for our democracy".

Her dissent details how the Framers of the Constitution understood the concept of "immunity" quite well when adopting our founding document. They even gave a bit of it to the Legislative Branch, while denying same to the Executive, even as several state Constitutions had, by then, granted it to their own Governors. Nonetheless, "Relying on little more than its own misguided wisdom about the need for 'bold and unhesitating action' by the President, the Court gives former President Trump all the immunity he asked for and more."

In doing so, with this decision and a number of other radical, not-conservative-in-the-least opinions at term's end, the Roberts Court, according to today's guest, has also given itself unheard of power, placing the Judicial Branch above its otherwise Constitutionally co-equal Legislative and Executive Branches.

We're joined today by CHRIS GEIDNER, veteran legal journalist of LawDork to discuss that, and to help decipher whether this ruling is really "as bad as it sounds," as Sotomayor charges.

Is a U.S. President --- be it Donald Trump or anyone else --- at this point, actually now immune from criminal prosecution should he or she orders Seal Team 6 to assassinate a political rival? ("Allowed," says Geidner, according to "the plain text of the ruling.") How about if they order the assassination of Justices on the U.S. Supreme Court? ("It is hard for me to read in the ruling where that is not allowed.") How about if they sell Presidential Pardons for $1 million a pop? Would it really be "unconstitutional" now to bring criminal charges against a former President who asked his Secretary of Defense to "bring in the troops" to "shoot protesters...in the streets of our nation's capital," as Trump's former SecDef Mark Esper alleged that Trump actually did in 2020?

The answer, it turns out --- at least according to the ruling --- is pretty much, yup, he (or she) would now be immune from criminal prosecution for all of those supposedly "official acts". According to Geidner, however, those questions would ultimately need to be answered yet again by the Supreme Court. Depending on what the make-up of that Court looked like and, crucially, which party the President in question belonged to, their decisions might be very different on a case-by-case basis. It's good to be King. But it might be even better to be a Justice in the Supreme Court majority.

"Let's assume we get through this moment in time, relatively no more scathed than we already are," Geidner posits, before predicting, "this is a ruling that is going to fall in on itself over time."

"In the meantime," as Sotomayor notes, "The relationship between the President and the people he serves has shifted irrevocably. In every use of official power, the President is now a king above the law."

"Moving forward, all former Presidents will be cloaked in such immunity," she concludes. "If the occupant of that office misuses official power for personal gain, the criminal law that the rest of us must abide will not provide a backstop."

And finally, for those listeners who haven't yet jumped out of a window, Desi Doyen joins us for our latest Green News Report after returning from our holiday break, with more deadly climate catastrophes and, yes, more horrific, history making opinions (Yay! More gifts for polluters!) from our fully corrupted, captured, activist and more powerful than ever rightwing SCOTUS majority...

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We're back! And our listeners have strong opinions about where the hell we are and how to move forward to save democracy after corrupt SCOTUS rulings and a disastrous Presidential Debate...
By Brad Friedman on 7/8/2024 5:42pm PT  

So, did anything of note happen over the past week or so while we were taking a holiday break from The BradCast? [Audio link to full show follows this summary.]

As I've come to learn, a few things of note did happen. In fact, it was almost like coming back to a different nation today, largely thanks to the corrupt, radical, extremist, not-conservative-in-the-least U.S. Supreme Court's rightwing majority which invented new clauses in the Constitution out of whole cloth to appall the Founders by declaring Presidents to be Kings. I have a feeling we'll be catching up with the remarkable past 10 days or so for quite a while around here.

Today, however, at the top of the show, we first touch on a few of those news items of note from the past week, including, perhaps most notably for the immediate moment in history, remarkable pushback at the polls from the left in France, UK and even Iran against rising Rightwing fascism. Stunning democratic victories in all three nations serve as a valuable lesson in this country, at this time, particularly from France, where a broad coalition on the left came together to issue a surprise, blistering electoral upset to Marine LePen's far-right nationalist party which had been expected to win on Sunday.

That, it turns out, is helpful --- and hopeful --- context as we turn our focus today to the most immediate concern here: legitimate questions about the reelection candidacy of President Biden, one of the most effective (and, yes, progressive) Presidents in U.S. history, following his disastrous debate performance just after we signed off air before our holiday break about ten days ago.

With much of his party seemingly rallying behind him in Congress a week later, even as a number of noteworthy elected Democrats are calling for him to drop out --- and polling that is offering mixed messages --- we open the phones to our listeners today to learn where they are on this matter.

Should Biden stay in or drop out? And, if he drops out, who should replace him and how? All questions of great import given that, no matter who runs against Donald Trump this year, it is far more than a battle between Republicans and Democrats. It is now very clearly a battle between Fascism and Democracy, particularly after the corrupted Court has now horrified the Founders to decree that Presidents are above the law in virtually any action they choose to take while in office.

The Democratic National Convention begins in just over a month. Early voting begins for the November 5 election in about 90 days.

Needless to say, our phone lines lit up. To my surprise --- especially among our mostly progressive, live Southern California listeners --- they were almost all of a very similar mind. Truly. I would not have predicted the response.

You can listen to it in today's very lively BradCast linked below...

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Guest: Randall D. Eliason, former DOJ Chief of Fraud and Public Corruption Section; Also: On edge for landmark 'Chevron Deference' ruling; SCOTUS nixes EPA 'Good Neighbor' pollution rule, for now...
By Brad Friedman on 6/27/2024 4:58pm PT  

It's our last BradCast before time off for travel over the holiday next week. Unlike years past, it looks like SCOTUS will be late in releasing all of their opinions for this term before its normal end this week, so we won't be here to comment immediately on some of the biggest decisions (or on tonight's Presidential Debate) until after our return. But we've got plenty to cover from the corrupted rightwing Court already this week, including with a guest today who suggests the analysis by many legal experts on yesterday's ruling striking down yet another part of federal public corruption law has been somewhat misleading. [Audio link to full show follows this summary.]

Among the big SCOTUS decisions still to come, is a case regarding the "Chevron Doctrine" which, for decades, has given legal deference to federal agency experts over judges or corporate challengers, when it comes to the interpretation of federal laws through rules and regulations promulgated by those federal agencies. That could all be about to change, with enormous consequences first for the EPA, but also across the entirety of the federal government --- or, the so-called "Administrative State" as rightwingers have taken to deriding it. We explain the doctrine and some remarkable ironies behind the Court's upcoming ruling, whatever it may be, today.

But the corrupted, stolen and packed rightwing Supreme Court did manage to issue several rulings today. Among them....

  • The Court rejected a multi-billion dollar nationwide opioid settlement with OxyContin maker Purdue Pharma and its owners, the Sackler family.
  • In a clear win for corporate interests, they gutted the SEC's ability to carry out in-house proceedings on civil fraud complaints, requiring federal jury trials instead in an opinion likely to have far-reaching effects on other regulatory agencies as well.
  • SCOTUS also kicked a Presidential election year hot potato down the road for another day by allowing Idaho hospitals, for now, to perform emergency abortions under federal law, even though the procedure is barred under state law.
  • And, as we also discuss with Desi, the High Court blocked, for now, to the EPA's "Good Neighbor" rule which limited air pollution from power plants and other facilities that pollute downwind states. While the regulation has already substantially lowered pollution --- and saved lives --- in the states where it is in place, the Court prevented the EPA from enforcing it until after lower court challenges by largely Republican-controlled states and several industries are completed.

NEXT... On yesterday's show we critically covered the Wednesday SCOTUS ruling in Snyder v. U.S. [PDF], an opinion which overturned the conviction and 21-month prison sentence of an Indiana Mayor who received a $13,000 check from a company just two weeks after his city had granted them a contract worth more than a million dollars. The Court's rightwingers determined that the federal statute in question only applies to out-and-out bribery cases, where a quid pro quo was agreed upon before a public action. After-the-fact "gratuities", the Court's six Republican-appointees ruled, are apparently just fine. Or, at least, not unlawful under their reading of the federal statute in question.

While many legal analysts and experts have derided the ruling since it was issued on Wednesday, our guest today, RANDALL D. ELIASON, former chief of the Fraud and Public Corruption Section at the U.S. Attorney's Office in D.C., now a white-collar criminal law professor at George Washington University Law School, had a different take that he posted to Twitter yesterday: "I have no problem with the Snyder decision, that 18 USC §666 covers only bribes and not gratuities. I think that makes sense."

Really? Why? Today Eliason joins us to explain why the law --- which, as Justice Ketanji Brown Jackson notes in her dissent with the Court's other liberals, "imposes federal criminal penalties on agents of those entities who 'corruptly' solicit, accept, or agree to accept payments 'intending to be influenced or rewarded'" --- can arguably be interpreted as applying onlyto before-the-fact bribes, as opposed to after-the-fact "gratuities", as they are described by the Court's majority.

"I'm not happy about the outcome," Eliason concedes today. "You're right that there's been a pattern of decisions over the last more than a decade narrowing public corruption laws, and I've been critical of a lot of them. And I've been on your program being critical of a number of them in the past."

"So I'm not happy about the outcome. But I don't think the majority is being unreasonable in this particular decision. Because what this decision is about is not whether the conduct of the Mayor is a good thing, or whether it should be prohibited. It's just about the language in this particular criminal statute that Congress drafted. And it's really a badly drafted statute. It's poorly written. It's confusing. And even though the lower court in this case had upheld his conviction, several other federal courts of appeals had said the same thing, that this law does not apply to gratuities, and agreed with Snyder."

He explains that there is "a real legal distinction between a bribery and a gratuity", and that other federal statutes prohibit them both. But in this case, §666 is less than perfectly clear. And, when there is a "tie" in legal interpretation, the tie is supposed to go to the defendant who, the Court noted, can still be held accountable for accepting a gratuity under state and local laws.

"You see a lot of headlines in the wake of this decision: 'Supreme Court says bribery is okay.' No, the whole point was it wasn't bribery. It was a gratuity, which is something far less serious. And the issue was does this particular statute cover this kind of gratuity? The answer is no. I think, based on the way that statute is written, it's a reasonable outcome."

While I'm not sure I fully agree --- and even he notes that Justice Jackson makes several good arguments in her dissent --- Eliason's expertise and insight into the laws in question shed welcome light on this otherwise seemingly corrupt ruling.

On a related note, we also discuss how all of this might apply to the arguable millions of dollars in "gratuities" that members of SCOTUS, like Clarence Thomas, have accepted over the years and whether that might play into the Court majority's opinion. And how Congress, had they not become completely dysfunctional in recent years, could easily clarify this issue through simple legislation.

On one other matter before we finish our conversation with Eliason today, he offers his thoughts on SCOTUS' upcoming Fischer decision regarding whether the statute used to charge hundreds of January 6 defendants --- including Donald Trump --- with "obstruction of an official proceeding" may be struck down by the Court. Eliason is "pessimistic" about what is likely to happen, though believes that even if the Court strikes it down for use against many of those charged for the J6 insurrection, that "there's a good chance that the charges against Trump would still survive."

FINALLY... Before we disappear for the next week, Desi Doyen joins us for our latest 'Green News Report', with more thoughts on the imperiled Chevron Deference Doctrine; Climate disaster upon climate disaster this week for a New Mexico town; and some very good news indeed for President Biden's job-creating climate law...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Marcy Wheeler of Emptywheel; Also: VA's far-right Rep. Good vows to block certification of apparent narrow primary loss...
By Brad Friedman on 6/25/2024 6:36pm PT  

Quite literally, as I signed off at the end of yesterday's show, a ton of alerts popped up on my iPhone with some pretty big and surprising news. News that turns out to be far more complex and/or nuanced than many seem to appreciate. So, that's where we pick things up on today's BradCast. [Audio link to full show follows this summary.]

BUT FIRST... As voters headed to the polls today in New York, Colorado, Utah and South Carolina for the last group of Congressional Primary Elections before next month's Republican National Convention, we're still keeping our eyes on a primary election from last week in Virginia.

Far-right Republican Rep. Bob Good, Chair of the far-right House Freedom Caucus, is currently just about 375 votes, out of more than 62,500 tallied, behind the even farther-right Republican state Sen. John McGuire in the GOP primary contest in VA's 16th Congressional District. With a margin that slim --- less than 1% --- whoever is certified next week as the winner of the currently "too close to call" race has every right to seek a recount. But Good --- who was opposed in the race by both Donald Trump and former Speaker Kevin McCarthy for various offenses against them --- is already on the offensive, charging that "this race cannot and must not be certified." He is claiming (without evidence, to date) "inappropriate activity" related to drop box voting in Lynchburg City, the largest in the district, that should prevent all votes in the city from being certified. That, even before a recount, apparently.

Good's own colleagues (all largely 2020 election deniers themselves!) appear to be laughing at him. Or worse. "No one is buying it," one House Republican told Axios. "What a loser," said another. "F**k Bob Good," said still another. But a Republican-turned-independent who lost to Good in 2020 may have best summed things up: "I don't find it surprising that an election between an election denier and an election denier would end with one of them denying the election was fair based on conspiracy theories."

In any event, we'll be watching and doing our best to ensure a fair, transparent recount, hopefully by hand and overseen by the public. We'll also be popping a fair amount of popcorn as it all plays out.

THEN... News broke last night that WikiLeaks' founder Julian Assange had, at long last, struck a plea deal with the U.S. Dept. of Justice after years in a British maximum security prison fighting extradition to the U.S. and, before that, seeking asylum in the Ecuadorian Embassy in London. Assange was facing charges filed in 2019 by Donald Trump's DoJ related to the release, beginning in 2010, of a trove of stolen classified documents, many of which related to alleged war crimes carried out by the U.S. in Iraq and Afghanistan. But many of the documents were related to other things that were less than criminal or even newsworthy. And some, in fact, put a number of people in grave danger.

Moreover, as our guest --- a journalist who wrote a number of articles based on WikiLeaks documents herself --- details today, many of the documents were obtained via unlawful hacking that Assange himself appears to have participated in. Other documents published by WikiLeaks, such as a trove of emails from the Democratic Party and Hillary Clinton's Campaign Chair, are believed to have been hacked by Russia and given to WikiLeaks for publication before the 2016 Presidential election with dubious or no news value whatsoever.

Still, Assange and his supporters have maintained that WikiLeaks is a journalism outfit and, as a journalist, he can't be held to account under U.S. law for simply publishing documents in the public's interest, even classified or stolen ones --- at least if he was not involved in the theft.

But there is far more to the story, as detailed on today's program by longtime, independent national security journalist MARCY WHEELER of EmptyWheel.net. As of airtime, the plea agreement detailing the single charge he agreed to plead guilty to --- reportedly related to the Espionage Act --- had not been released. But Wheeler attempts to clear up some of what she characterizes as propaganda that has long been circulated by Assange's supporters.

"His hacking into other countries started before he reached out to Chelsea Manning," the military intelligence analyst who turned over reams of documents to WikiLeaks, Wheeler tells me. Among the documents from Manning was the famous "Collateral Murder" video, revealing U.S. helicopter pilots gunning down 11 people in Iraq, including 2 Reuters journalists. Wheeler charges that Assange "tried to help Chelsea Manning break a password. Then the hacking conspiracy continued through 2016. In other words, the attempt to get other people to hack things. It was a larger hacking conspiracy that other people pled guilty to and went to jail for." All decidedly not the behavior of an actual journalist, she says.

She details the "very, very deliberate effort on the part of Wikileaks to hide the fact that the hacking conspiracy started before, and continued long after, the Chelsea Manning stuff," and notes, by way of another example, that, "in 2015, WikiLeaks helped Edward Snowden [a national security whistleblower] flee to Russia."

"That's not something journalists do," Wheeler asserts. "You might think it's honorable or heroic, but that's not something journalists ever do."

Of course, if the charge against Assange relates only to journalistic activity, but not hacking, then, Wheeler believes, it would be a serious threat to press freedoms, "this precedent of somebody being prosecuted for publishing something, especially if they've taken the hacking part away entirely."

Wheeler was "reasonably comfortable" if hacking was tied to the charges against Assange, "but once you take the hacking away, yeah, it is a terrible precedent we should all be worried about."

"Regardless of how much you hate Julian Assange, or regardless of whether you think what he did was newsworthy, just the precedent is a worrying precedent," she warns. "That may be what we're left with going forward."

UPDATE 6/26/2024: With the plea agreement [PDF] now released, Wheeler has a detailed article on the "Damaging Precedent of the Julian Assange Espionage Guilty Plea" that, as she explains, fails to focus "on the alleged hacking, which always distinguished Assange from journalists". She notes, "This plea could have been written in a way that limited the damage of the precedent. For reasons we have yet to discover (but which may have been dictated by Assange’s side, not DOJ’s), it was not.":

It's over. Both sides lost. Chelsea Manning especially lost, given the additional time she spent in jail resisting a subpoena for testimony that would never be used at trial.

The question remains how much damage this loss for both sides will do in the future.

FINALLY... Desi Doyen joins us for our latest Green News Report with Climate Change Gone Wild as summer begins, with disastrous record flooding in the Upper Midwest compounding record heat and wildfires already over much of the country. And, with hurricane season heating up, FEMA warns of a shortfall in disaster funding if Congress doesn't act quickly...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Lake loses again in AZ; Trump loses again in NY; MD Guv pardons 175k for pot; Biden goes on offensive against 'liar and fraud' opponent...
By Brad Friedman on 6/18/2024 6:24pm PT  

There are just 140 days until the November 5 General Elections. Threats against them by adversaries both foreign and domestic are simmering and/or growing. We discuss some of them --- and much more --- on today's BradCast. [Audio link to full show follows this summary.]

Among our stories today...

  • Kari Lake loses yet again. This time, it's the Arizona state Court of Appeals which has, again, rejected her claims that the 2022 gubernatorial election was stolen from her when she lost it by some 17,000 votes to Democrat Katie Hobbs.
  • Unexplained mass texts, warning of voter intimidation, falsely suggesting they were sent by the Spartanburg County Elections Office during South Carolina's down-ballot primaries last week, should serve as a warning for this November's elections.
  • U.S. officials from the Office of the Director of National Intelligence are reportedly sending their own warnings, privately, to candidates in the U.S. who, they say, are being targeted with disinformation campaigns by foreign adversaries, including Russia, China and Iran.
  • And, in what should serve as yet another warning before November, a pro-Kremlin hacker group, said to be closely allied with Russia's intelligence services, reportedly took down the websites of a number of political parties and other institutions on the first day of voting in Europe's recent parliamentary elections.
  • New York's highest court on Tuesday rejected an appeal by Donald Trump to lift the gag order barring him from attacking witnesses, jurors and the family members of prosecutors or the judge in the hush money/election interference case in which the disgraced former President was recently found guilty of 34 criminal felonies.
  • And, speaking of, the Biden-Harris Campaign is finally using Trump's shameful court losses --- for both felony crimes and civil liabilities --- against him, in an aggressive television ad and mass emails to supporters taking him to task as a "convicted felon" as well as "a liar and a fraud". Of course, even now, Team Biden will have to overcome ridiculous reporting on the effort by the New York Times, whose headline yesterday (until it was changed) read "Biden Campaign Ad Paints Trump as a Felon". Um...."paints" him as a felon?! He is a felon!
  • After telling us for months that President Biden is so mentally debilitated that "he can't string two sentences together," Donald Trump supporters like Sean Hannity at Fox "News" are now working overtime to try and lower expectations for him in advance of next week's first Presidential debate.
  • Maryland's Democratic Governor Wes Moore on Monday pardoned about 175,000 convictions related to marijuana and paraphernalia possession over the years. The long-overdue pardons, following the state's full legalization of marijuana last year, will help tens of thousands of Black and Brown people who were disproportionately charged and convicted over the many decades of our failed, frequently racist "war on drugs". Moore's action follows President Biden's 2022 mass pardon of thousands charged under federal marijuana law and his request to state Governors to take similar action given that most cannabis related crimes were brought under state law.
  • Finally, Desi Doyen joins us for our latest Green News Report with news on hundreds of millions in the U.S. now (or soon) facing record heat from the Midwest to the East Coast and an early wildfire season out West; Similarly oppressive heat has been bearing down from Greece to the Middle East; Calgary is facing a serious water crisis in Canada; France's nukes are being shut down by cheaper renewable energy sources like wind and solar; And a major rail company must cough up some $400 million for unlawful trespass against a native American tribe...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Biden rising in polls; The fall of Alex Jones' corrupt empire; Producers pull phony '2000 Mules' doc; More GOP voter fraud...
By Brad Friedman on 6/11/2024 11:38am PT  

Yup. They'll believe anything. As discussed on today's BradCast, the MAGA dupes even have a new, insane explanation for why President Biden "allowed" his own, supposedly "weaponized"-against-Republicans DoJ to bring felony charges against his own son. [Audio link to full show follows this summary.]

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

  • The President's son, Hunter Biden, was found guilty by a federal jury in a Delaware courtroom on Tuesday, on charges that he had lied about his drug use on a federal background check form while purchasing a revolver in 2018, as he was overcoming his battle with drug addiction following the death of his brother. He never loaded the gun and owned it for just 11 days before his girlfriend thew it away. He was charged for something that nobody else has ever been charged with, unless they also committed an additional gun-related crime. Oddly enough, despite the "weaponization of the Justice Department" by Joe Biden to go after Trump and Republicans that we've heard so much about from Donald Trump and his MAGA minions, Hunter was found guilty on charges brought by a Trump-appointed federal prosecutor in a trial presided over by a Trump-appointed federal judge. President Biden said he "accepts" the jury verdict and does not plan to issue a pardon to his last living son.
  • That news comes on the heels of yesterday's program, in which we heard from Donald Trump supporting listeners about why they still support him, even after his conviction on 34 felony counts in New York related to a hush money payment to help him successfully rig the 2016 Presidential election. If you heard the show, you know that the reasons those callers still support Trump is that they have been wildly disinformed about all manner of facts, including their belief that Biden and/or his DoJ orchestrated the NY state prosecution. Even Trump's own former defense attorney in the case has called the evidence-free claim "ridiculous". But the dupes believe it nonetheless, along with a whole bunch of other Republicans who buy that nonsense and many more evidence-free claims regarding the 2020 election, the 2021 insurrection and more.
  • But, there is a bit of good news for Joe Biden and Democrats in recent polling following Trump's conviction in New York.
  • There is also good news for all of us, in that some of the biggest rightwing disinformers, other than Donald Trump, are finally facing some real accountability. Last week, it was reported that rightwing radio/podcast propagandist Alex Jones was liquidating his businesses, including his InfoWars program, to begin paying off his $1.5 billion defamation liability to families of Sandy Hook victims after years of lying about the tragic 2012 mass shooting at a Connecticut elementary school as a "hoax."
  • And, at the end of May, the rightwing radio outfit Salem Media Group, apologized and retracted the hoax documentary called 2000 Mules, made by convicted rightwing election fraudster Dinesh D'Souza and the long-disgraced rightwing fraudster group called True the Vote. The film details a wholly debunked, wild conspiracy about Democrats scheming to steal the 2020 election from Donald Trump through an insanely complex plot involving tens of thousands of fraudulent ballots deposited secretly into drop-boxes in battleground states. Salem pulled the film from distribution and apologies for it in response to a defamation suit filed by a man featured in the film via security camera footage and falsely described as committing election fraud. None of that, of course, will keep Trump and the MAGA dupes from continuing to cite the film as "evidence" of a stolen election --- even as it contains no actual, ya know, evidence of such any such scheme.
  • On the other hand, we have more actual voter fraud documented as having been committed by Republican voters. This time, its an 85-year old GOP voter who was found guilty last month of double voting at two different houses he owned in both Massachusetts and New Hampshire during the 2016 election.
  • Finally, Desi Doyen joins us for our latest Green News Report, with disturbing news on gains by far-right, anti-climate action political parties in the European Union's parliamentary elections over the weekend; dumb news on New York Governor Kathy Hochul's much-criticized halt to New York City congestion pricing; and good news on new vehicle mileage standards by the Biden Administration that will save consumers money and combat climate change...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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