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Latest Featured Reports | Sunday, December 22, 2024
Trump Gets Trumped in Our Musky Year-End Roundtable: 'BradCast' 12/19/24
Guests: Heather Digby Parton of Salon, 'Driftglass' of 'Pro Left Podcast'...
'Green News Report' 12/17/24
  w/ Brad & Desi
Biden EPA grants CA waiver to phase out all-gasoline cars; Microplastics linked to cancer; PLUS: GOP plan to expand natural gas exports would drive up prices for Americans...
Previous GNRs: 12/17/24 - 12/12/24 - Archives...
About Some of Trump's
'Day One' Threats:
'BradCast' 12/18/24
Guest: Joshua A. Douglas on voting laws and a President's power to change them; Also: House panel to release Gaetz report; Trump's plan for reversing Biden climate, energy initiatives...
Trump Family Corruption Cometh...So Does Our Oppo-sition: 'BradCast' 12/17/24
Immunity denied to felon Trump in NY; The Family's crypto-corruption on display in UAE; On overcoming 'militant pessimism'...
'Green News Report' 12/17/24
  w/ Brad & Desi
'Apocalyptic' cyclone slams Indian Ocean island; Malaria on the rise; Swiss ski resort gives in to climate change; PLUS: Biden EPA finally bans cancer-causing chemicals...
Previous GNRs: 12/12/24 - 12/10/24 - Archives...
Mistallied Contests Found in OH County, as Oligarchy Rises in D.C.: 'BradCast' 12/16/24
Also: FBI informant 'guilty' to lies about Ukraine 'bribes' to Bidens; Trump Cabinet donated millions; Tech/media billionaires pay tribute...
Sunday 'Barrel Bottom' Toons
THIS WEEK: Kashing In ... Billionaire Broligarchy ... Slow Learners ... Exiting Autocrats ... and more! In our latest collection of the week's best toons...
Trump Admits He Can't Lower Grocery Prices (Biden Just Did): 'BradCast' 12/12/24
Also: 1,500 commutations; I.G. report on FBI and 1/6; NC Repubs's massive power grab; Dick Van Dyke sends us home smiling...
'Green News Report' 12/12/24
  w/ Brad & Desi
Firefighters struggle to contain ferocious Malibu wildfire; The planet is getting drier, new study finds; PLUS: Arctic has shifted to a source of climate pollution, NOAA reports...
Previous GNRs: 12/10/24 - 12/5/24 - Archives...
What 'Unprecedented and Powerful Mandate'?: 'BradCast' 12/11/24
Guest: Marquette Univ.'s Julia Azari; Also: Malibu fire expands; FBI Dir. to quit; New charges in WI 2020 fake Trump Elector plot...
Trump Barely Won Nationally, But Won 'News Deserts' By a Landslide: 'BradCast' 12/10
Guest: Veteran media reporter Paul Farhi; Also: Trump DoJ spied on Kash Patel...
'Green News Report' 12/10/24
UK's deadly back-to-back storms; China's EV boom eroding global demand for oil; PLUS: Time running out to cash in on Biden's climate law incentives...
Bad Weekend for Authorit-arianism; Also: To Pardon or Not?: 'BradCast' 12/9/24
Syria falls, S. Korea on the brink, Romania to rerun Prez election after Russian interference; Callers ring on whether Biden should issue preemptive pardons...
Sunday 'Teeny Tiny' Toons
THIS WEEK: What Mandate? ... Cabinet Medicine ... Concept Plans ... Pardon-pocrisy ... and more! In our latest collection of the week's itty bittiest toons...
Fox 'News' and GOP Get Their Hateful War on Trans Kids at SCOTUS: 'BradCast' 12/5/24
Guest: Law Dork's Chris Geidner; Also: Island nations fight for survival at U.N. High Court...
'Green News Report' 12/5/24
U.N. court to rule on landmark climate case; NC town sues Duke Energy for deception; S. Africa blocks new coal plants; PLUS: Global warming driving drought in U.S...
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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...


'The system has been breached' says guest Marilyn Marks of Coalition for Good Governance; Also: Primary results from NC, KY, OR, ID, PA...
By Brad Friedman on 5/18/2022 6:30pm PT  

We've got an amazing --- and chilling --- story for you on today's BradCast, about what has turned into a wave of proprietary voting system software theft in several key swing-states since Trump pretended the election was stolen in 2020. But the most disturbing part is that many of these thefts having been carried out by or with the help of actual elected GOP election officials in several states! And there is one in particular, in Georgia, which has just come to light which we focus on today, because our quick-thinking guest actually recorded a damning phone call she received from someone who claims to have been a part of that scheme. [Audio link to full show is posted below this summary.]

Before we get there today, however, we've got a very (too) quick round-up of results from Tuesday's primary elections in North Carolina, Kentucky, Oregon, Idaho and Pennsylvania, and some news on several of them that you may not have heard elsewhere. Among the most noteworthy of those races...

  • The loss of North Carolina's insurrectionist U.S. House Rep. Madison Cawthorn in his GOP primary, and what will now happen to the federal court case regarding Free Speech for People's challenge to his eligibility to run at all under the U.S. Constitution's "Insurrectionist Disqualification Clause." We've been covering that story closely in recent months and we've got comment today from the group's President on what may happen now in the federal case.
  • News on several apparent wins by progressive candidates for the U.S. House in PA and OR, including one that is set to result in the defeat of an incumbent establishment-backed Democratic Congressman and the other likely headed to a recount.
  • The good news for Democrats in the contest for PA Governor, as far-right Trump-endorsed insurrectionist wingnut state Sen. Doug Mastriano won the GOP nomination to run against state A.G. Josh Shapiro. Suffice to say for now, Republicans are not happy about their nominee.
  • And the critical race to fill the U.S. Senate seat being vacated by Republican Pat Toomey, where progressive Lt. Gov. John Fetterman easily won the Democratic contest and the battle for the Republican nomination is likely headed to a recount between Trump-endorsed celebrity TV doctor Mehmet Oz and pretty-much-just-as-Trumpy former hedge-fund CEO Dave McCormack. Both are now waiting on late arriving mail-in ballots to be tallied in the exceedingly close race, even though Republicans in 2020 argued that late arriving mail-in ballots in the Keystone State were all illegal and should have been tossed out. Not anymore, apparently. (And we wonder how long it'll be before they notice yesterday's BradCast rounding up several Republican-leaning counties where voters were turned away for hours after polls opened, thanks to voting system failures.)

THEN, it's on to the remarkable story of GOP election insiders in critical swing-states such as Michigan, Colorado, Ohio and Georgia, who, following the 2020 election, conspired with a cabal of election denying Team Trumpers to breach secure facilities in elections offices. They made illegal image copies of hard drives from key voting system computers containing sensitive, proprietary software and voter databases in at least 8 counties across the country...for some reason.

Part of this story is newly revealed evidence about one such a case in Coffee County, Georgia, which includes a damning recorded phone call received by our guest today, MARILYN MARKS of the Coalition for Good Governance. The caller admits to an elaborate scheme to copy and analyze hard drive data from the county that Trump is said to have won by about 40 points. He also told Marks that he hacked into her legislative filings in her long-running lawsuit against the state, which seeks to replace Georgia's unverifiable touchscreen voting systems with simple, verifiable hand-marked paper ballots.

You'll need to tune in for the full details on this story. It's broad and, at times, complicated. And, yes, we share some of the disturbing audio from that phone call to Marks from an Atlanta bail bondsman by the name of Scott Hall who brags about chartering a jet to Coffee County with a group that "scanned all the equipment, imaged all the hard drives and scanned every single ballot" with "the entire elections committee there" who, he claims on the call, said "we give you the permission. Go for it."

We pull together a bunch of threads from a bunch of investigative news sources (as well as some of our own reporting) on all of this, on the broad scheme carried out by some of Trump's top "Stop the Steal" compatriots and the almost inconceivable lack of apparent investigation --- or worse, cover-up --- by GA's Sec. of State Brad Raffensperger regarding the still mysterious incident in Coffee County.

As noted, you'll need to tune in for the full details, but among the stories and recent detailed investigative reports referenced and/or cited in our coverage today...

  • Mesa County Court Judge Removes Peters as Designated Election Official for the 2022 Election (CO SoS)
  • Trump allies breach U.S. voting systems in search of 2020 fraud ‘evidence’ (Reuters)
  • PRESIDENTIAL FINDINGS TO PRESERVE COLLECT AND ANALYZE NATIONAL SECURITY INFORMATION REGARDING THE 2020 GENERAL ELECTION (Draft Executive Order)
  • Georgia county under scrutiny after claim of post-election breach (Washington Post)
  • Georgia’s Alleged Dominion Voting System Breach (Coalition for Good Governance)
  • Building the "Big Lie": Inside the Creation of Trump’s Stolen Election Myth (ProPublica)
  • The Plot to Overturn the Election (PBS' Frontline and ProPublica)

Among the questions discussed with Marks: What the hell is going on here? Is it a violation of state and/or federal law to make discreet imaged copies of this software? Why was Team Trump doing it in the first place? Is Sec. Raffensperger's office investigating what happened in Coffee County, GA or not (they are offering conflicting statements, including in Marks' legal case challenging the use of the state's Dominion touchscreens)? What kind of threat does all of this pose to elections around the county in 2022 and 2024 in Georgia (their midterm primaries are next week) and in the many other states which use the very same software --- now stolen by these people --- to run their elections?

"Certainly they were violating state and federal laws," Marks tells me. "The difficult part of this is It puts virtually all states that are using the Dominion system --- without doing thorough audits and [using] hand-marked paper ballots --- it puts all of these at risk."

"If what Scott Hall and other have said happened truly happened, then there are people who have unauthorized copies of software off the server and off of all of the components," she explains. "These people can now craft and test malware and how to exploit the vulnerabilities in an election."

Marks believes the initial effort was meant "to try to find evidence or perhaps even fabricate evidence," regarding the 2020 election. But it has since gone far beyond that.

Raffensperger, she says, is offering "nothing but stonewalling" and "is telling different things to different people." She notes there is "no record of opening an investigation" in Coffee. That, as the Secretary's second-in-command, Gabe Sterling, seemed to suggest in a recent court deposition that there WAS an investigation of the server in Coffee, that it was actually quietly seized by the state, but that he "can't remember" the findings from the inquiry.

"There are many mysteries to unfold here. We don't know who has been in the system and how far any malware may have spread if it were implanted." She warns the Secretary's office and state Elections Board "want to hide their heads in the sand despite" the mounds of recent investigative reporting (as linked above) on what is going on here.

"The system has been breached," Marks cautions chillingly, before explaining what must be done now to safeguard our elections --- including from insider election officials who have now put our entire democracy at very serious risk. Even hand-marked paper ballots, she notes, are still tabulated by these same computer systems.

"Remember, the remedy we are seeking [in our suit] is not simply hand-marked paper ballots but hand-marked paper ballots with very thorough audits. IF we get the audits, yeah, there can be hacking but any outcome-changing hack will be detected and can be corrected," Marks argues. "While you can't get rid of the risk, you can remedy that risk."

Again, much more detail on today's show. It's a doozy. Please tune in...

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Also: Biden in Buffalo condemns 'poison' of white supremacy, those who 'spread the lie' of replacement theory 'for power, political gain and profit'...
By Brad Friedman on 5/17/2022 6:12pm PT  

On today's BradCast: It's primary election day in five states, with voting system problems reported in at least three counties in one of them, as the President traveled to upstate New York to condemn white supremacist "terrorism" and grieve with the community following Saturday's racist massacre at a neighborhood grocery story in a predominately black area of Buffalo. [Audio link to full show is posted below this summary.]

FIRST UP, a bit of seemingly encouraging breaking news just before airtime today from the New York Times. They report that the Dept. of Justice "has asked the House committee investigating the Jan. 6 attack for transcripts of interviews it is conducting behind closed doors, including some with associates of former President Donald J. Trump." The paper describes the news as "further evidence of the wide-ranging nature of the department’s criminal inquiry into the events leading up to the assault on the Capitol and the role played by Mr. Trump and his allies as they sought to" steal the 2020 election.

That sounds like encouraging news, even if the Times, for some absurd reason, describes the effort to steal the election as an attempt "to keep him in office after his defeat in the 2020 election." Normal humans would describe it simply as an attempt to steal an election. Our corporate media, and even most Democratic officials, for reasons I cannot explain, do not do so. In any event, sounds like good news no matter how stupidly the Times is reporting on it.

NEXT, it's midterm primary day in Kentucky, Oregon, Idaho, North Carolina (where insurrectionist Rep. Madison Cawthorn is running for his life) and Pennsylvania (where Dems see one of their best opportunities to flip a Republican-held U.S. Senate seat.) We'll have noteworthy results on tomorrow's program, but today we focus on three counties in PA, where voters were reporting problems simply trying to cast their vote.

In Berks county "widespread" problems were reported apparently with the County's new electronic pollbooks made by ES&S, just added to polling places countywide for the first time this year. Those new computers were added to the complicated mix of high-tech equipment already forced on voters in Berks, where residents are required to vote on 100% unverifiable touchscreen Ballot Marking Device computers at the precinct. It was a full two and a half hours after polls opened before officials finally deployed backup paper pollbooks(!)to all locations in the county, so voters could finally vote. It's unclear whether the systems simply didn't work, or election officials didn't make sure to properly train poll workers to use them. Either way, voters couldn't vote for hours and some were undoubtedly disenfranchised entirely because emergency paper ballots were not supplied either, according to one state Rep. who said he was held up for hours (though he appears to have misreported the problem as one with voting machines, as opposed to the e-pollbooks.)

In Alleghany County (home of Pittsburgh), some precincts reportedly opened hours late, due to a mix of problems, including lack of keys to get into precincts or a lack of Election Judges in some case, thanks to COVID. At least they respect their voters enough there to allow them to vote on simple, verifiable hand-marked paper ballots (with simple paper pollbooks) ... once the polls finally opened, in any event.

In Luzerne, a Republican-leaning county with a history of voting system issues, it was reportedly the touchscreen voting machines made by Dominion that held up voters, though the Chair of the County's Board of Elections seemed happy to throw poll workers under the bus for what she described as "human error". That, instead of taking blame for forcing those over-worked, under-paid workers to use overly complicated computer systems with a lack of training, in order to eventually (maybe) allow voters to cast unverifiable ballots on touchscreen voting systems after they manage to sign in with e-pollbook computers made by ES&S.

THEN, we head to Buffalo for President Biden's remarks to victims of Saturday's mass shooting by an 18-year old white supremacist who killed 10 and wounded 3 with a Bushmaster assault rifle in a matter of minutes in a predominately African-American neighborhood. The massacre came just three days after a Trump-appointed federal appeals court judge issued a ruling overturning California's law banning semiautomatic weapons purchases for those under the age of 21, finding the law to be an unconstitutional violation of the 2nd Amendment.

In his Wednesday ruling, Judge Ryan Nelson cited "the heroism of the young adults who fought and died in our revolutionary army" in "reaffirm[ing] that our Constitution still protects the right that enabled their sacrifice: the right of young adults to keep and bear arms.” Never mind that young adults during the Revolutionary War used rifles that fired one shot at a time after being laboriously loaded through their muzzle --- as opposed to the semi-automatic Bushmaster rifle used to shoot more than a dozen, including an armed guard, in mere seconds on Saturday in Buffalo.

Biden said today that the nation must "reject the lie" of "replacement theory" spread the far-right, Fox "News" and GOP elected officials, while describing America's diversity as its strength. He derided the "hateful minority" who spread the lie "for power, political gain and for profit" --- as Fox' Tucker Carlson has done hundreds of times on his primetime show and as GOP House Leadership's Rep. Elise Stefanik of upstate NY has recently done in her campaign ads.

"Evil will not win," the President vowed in moving and powerful remarks which we share at length. "Hate will not prevail, and white supremacy will not have the last word," Biden said, charging that "hate and fear have been given too much oxygen by those who pretend to love America."

FINALLY, Desi Doyen joins us for a few thoughts on all of the above, as well as our latest Green News Report. Among the matters she covers today: a new analysis finding wildfires are likely to double across the U.S. in the next several decades; while Russia has used energy as a weapon in its war on Ukraine, they are now threatening to cause a global food crisis as well; and while the state of California recently became powered by 100% renewable electricity for a short time, the state of Texas is, once again amid another heat wave, having trouble even keeping their lights on...

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J6 Comm subpoenas McCarthy, four other Reps; Fed grand jury probes Trump handling of classified docs; Eastman advised how to steal PA's 2020 election; House finds meatpackers colluded with Trump Admin for deadly COVID Exec Order; DeSantis' FL gerrymander nixed by judge...
By Brad Friedman on 5/12/2022 6:55pm PT  

It's another one of those BradCasts where our disgraced former President casts a very long shadow. We've got way too much breaking news, as one accountability story after another broke today. Theoretically, that's a good thing. But you may need to take notes. We've got a lot to cover. [Audio link to full show is posted below this summary.]

Among the stories covered today...

  • First up, after Florida Gov. Ron DeSantis recently overruled his own far-right state legislature's already-gerrymandered new U.S. House map in favor of his own even more extreme gerrymander, a state judge that HE appointed has shut that whole thing down. For now. On Wednesday, Judge J. Layne Smith determined DeSantis' map --- which could give Republicans a 20 to 8 advantage in the their U.S. House delegation --- violates the state Constitution's 2010 Fair Districts Amendment "because it diminishes African Americans' ability to elect the representatives of their choice." Of course, that was the whole point when DeSantis --- who won his race for Governor in 2018 by less than one percentage point --- nixed two black majority districts in the state (one of which was created by the state Supreme Court the last time the map was challenged.) DeSantis believes his own state Constitution violates the U.S. Constitution. (So much for the states' rights he used to pretend to believe in.) So, Florida will now be paying for an appeal to fight for the voter disenfranchisement.
  • The House January 6 Committee on Thursday subpoenaed House Republican Leader Kevin McCarthy, as well as Reps. Jim Jordan of Ohio, Scott Perry of Pennsylvania, Andy Biggs of Arizona and Mo Brooks of Alabama. The Committee says they each "participated in meetings at the White House" and/or "had direct conversations with President Trump leading up to and during the attack on the Capitol." All five were previously invited to voluntary speak to the Committee. They didn't. Now they are receiving what appear to be unprecedented Congressional subpoenas to members of Congress from the bipartisan panel probing Trump's 2021 insurrection and his attempt to steal the 2020 election.
  • The New York Times is reporting today that federal prosecutors have opened a grand jury probe into whether laws were violated when Trump absconded with 15 boxes full of items and documents --- including some marked as classified national security documents --- when he left the White House for Mar-a-Lago. The items belong to to the American people under the Presidential Records Act, but the larger question is about his treatment of boxes and boxes of classified documents. (Recall he used to pretend to care about such things. In 2016, when running against Hillary Clinton, he called for her to be "locked up" because she lawfully used a private email server and received or forwarded several documents with classified material in them.) A grand jury convened by DoJ would suggest this matter has advanced very quickly.
  • Speaking of grand juries, just a friendly reminder that Fulton County (Atlanta) District Attorney Fanni Willis convened her Special Grand Jury last week on Monday, May 2. She's investigating Trump's conspiracy to steal the 2020 election in Georgia, following his infamous and threatening call to the state's Sec. of State, instructing him to "find" just enough votes to name Trump the winner there. The probe could bring charges any day now (not that we have any insider knowledge) of a criminal conspiracy that includes Trump, his Chief of Staff Mark Meadows, his attorney Rudy Giuliani and even North Carolina Sen. Lindsey Graham, all of whom participated in strong-arming the Sec. of State and other officials to steal the election for Trump who lost the state by about 10,000 votes.
  • Emails unearthed by the Denver Post and reported by Politico this week from Trump's MAGA attorney John Eastman (who spoke at Trump's rally on January 6 and wrote the memos calling for VP Mike Pence to ignore the Electoral College votes to steal the election for Trump), reveal that he also advised a Pennsylvania state legislator how to steal the election for Trump in the state by tossing out legal votes and using absurd pretend math to declare Joe Biden lost, even though he won there by about 85,000 votes. Eastman told PA state Rep. Paul Diamond how Republicans in the legislature could change the results to "provide cover" for choosing Trump electors instead of the ones for Biden who the voters actually elected.
  • Trump's corruption was also deadly for hundreds of thousands when it came to the COVID pandemic. As President Biden marked the passing of one million Americans due to coronavirus at the White House on Thursday, a new report from a House Select Subcommittee finds the nation's meat packing industry hyped "baseless" concerns about shortages and colluded with top Trump Admin officials --- including Meadows, Pence Chief of Staff Marc Short and Agriculture Secretary Sonny Perdue --- to invoked an Executive Order. The order, which the industry drafted, invoked the Defense Production Act to bar state officials from shutting down meatpacking plants during the first year of the pandemic. At least 269 industry workers died, 59,000 were infected, and an estimated 334,000 infections nationwide were tied to meatpacking plants where workers were forced to work in dangerous, close conditions. The industry got their Executive Order from Trump, barring plant shutdowns under the lie that the nation's food supply was at risk. As the Committee's report finds, in fact, the five major companies which comprise the industry in the U.S. saw record profits during the pandemic, and saw pork exports at a three-year high during the first three quarters of 2020 when they sent more than 300% more pork to China than in normal years. There ought to be a lot of criminal charges --- including for homicide --- brought here. We'll see if anyone pays a price for it.
  • Finally, Desi Doyen joins us for our latest Green News Report, as Australia's Great Barrier Reef is hit with yet another climate change-induced mass bleaching event; a new study finds climate change is a key concern regarding the emergence of new viruses and pandemics; new severe drought restrictions are enacted in Arizona and California...but last year, at least, was a very good one for renewable energy across the globe...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: FSFP's Const'l law expert John Bonifaz with court updates on ballot eligibility challenges to 'insurrectionist' candidates in GA, AZ, NC; Also: Leaked SCOTUS 'Roe' opinion shaking up midterms...
By Brad Friedman on 5/10/2022 7:00pm PT  

I guess I'll have to keep saying it damn near every day on The BradCast between now and November (and probably for the next two years thereafter, at this rate), but anyone who tells you they know what's gonna happen in his year's elections, is just making it up outta whole cloth. Everything is changing every single day and all of it is going to effect what happens next. [Audio link to full show follows below.]

For example, before we get to our guest today, some quick news on the fallout from the stolen and packed U.S. Supreme Court's likely plan to overturn 50 years of freedom for American women's healthcare by overturning the Constitutional right to an abortion established in 1973's Roe v. Wade.

The news has been so alarming to so many that even Sen. Bob Casey (D-PA), a long time "pro-lifer", now says he plans to vote for the Women's Health Protection Act in the Senate this week to codify abortion rights into federal law. At the same time, new polling taken last week, after the leak of Alito's draft majority opinion that would overturn 'Roe', finds both good and suggestively helpful news for Democratic candidates paying attention.

The poll from Yahoo News/YouGov finds, once again, that a large majority of Americans do not want Roe overturned. More importantly, for democracy itself, voters in the survey support a generic Democratic over a generic Republican on their Congressional ballots by a 5-point margin (44% to 39%). But here's where the polling is really enlightening: "[W]hen voters were asked to choose instead between a 'pro-choice Democrat' and a 'pro-life Republican,' GOP support fell to 31% while Democratic support held steady --- more than doubling the gap between the two candidates, to 13 percentage points."

Got that, Dems?

That's just one of too many wildcards between now and November that make any sort of punditry largely useless. Another one? Well, Donald Trump's former Sec. of Defense Mark Esper was on Fox "News" this week confirming to Brett Baier that, yes, given the events of January 6th, 2021 and some other stuff, he believes "Donald Trump was a threat to democracy." Ouch.

Speaking of the January 6 insurrection and threats to American democracy, we're joined once again today by Constitutional law expert JOHN BONIFAZ, President and co-founder of Free Speech for People (FSFP), the non-profit, non-partisan good governance group helping voters to challenge the eligibility for reelection of elected officials who have "engaged insurrection" in violation of the Constitution's "Insurrectionist Disqualification Clause" (14th Amendment, Section 3).

Bonifaz was with us several weeks ago following the sworn testimony of challenged Georgia Republican Rep. Marjorie Taylor Greene, who hedged and/or lied and/or "can't recalled" her way through questioning before an Administrative Law Judge in Atlanta. Greene claimed she couldn't remember whether she suggested that Trump invoke Martial Law (she did), whether she said Nancy Pelosi was "a traitor to the country" (she did, and admitted as much after it was clear that FSFP's attorneys questioning her had the video evidence), or that she even opposed the peaceful transfer of power on January 6th (yup, she did that on video too.)

On Friday, the state Administration Law Judge who oversaw the hearing, Charles Beaudrot, released his decision in the case, recommending that GA's Republican Sec. of State Brad Raffensperger not disqualify Greene from the ballot for lack of evidence from the challengers. But Beaudrot's 19-page decision [PDF] --- and Raffensperger's subsequent rubber stamp [PDF] --- "betrays the fundamental purpose of the Fourteenth Amendment’s Insurrectionist Disqualification Clause and gives a pass to political violence as a tool for disrupting and overturning free and fair elections," said FSFP in response. Bonifaz, today, describes major legal errors that he says must be reversed.

For example, Beaudrot completely ignored the evidence of text messages Greene sent to Trump's then Chief of Staff Mark Meadows on invoking Martial Law and Greene's own video on social media declaring, "you can't allow it to just transfer power peacefully, the way Joe Biden wants, and allow him to become our President."

Beaudrot "treats her as a credible witness," in his decision, charges Bonifaz, with "nothing about her as a witness who is not credible on the stand under oath, saying she couldn't remember, couldn't recall more than 80 times. Then you add that to the fact that days after her testimony, the revelation of the text she sent to Mark Meadows, where she did in fact advocate that Trump impose martial law to stay in power."

On top of that, he explains, the Judge also offers yet another reason to appeal. "The Georgia Supreme Court stated that, under Georgia law, 'The entire burden is placed upon the candidate to affirmatively establish their eligibility for office.' That's what the law is. [But] days before this hearing began, [Beaudrot] shifted the standard --- he reversed the burden of proof, and said it was not going to be on the candidate, it was going to be on challengers, contrary to that Supreme Court ruling."

FSFP is appealing the decision on behalf of the voter challengers they represent in GA's 14th Congressional District to Fulton County (Atlanta) Superior Court. "That's going to be before one judge. If we prevail, I'm sure Greene's attorneys will appeal to the state supreme court." Bonifaz says they plan to make every challenge possible through both the primary and general election, if necessary.

"We are not, on our end, giving up in any way," he vows. "The evidence is overwhelming that Marjorie Taylor-Greene engaged in insurrection, that she's disqualified, and our clients want us to proceed --- the voters in her district who are courageous to stand up on this --- they have been done an injustice by Judge Beaudrot."

The Greene case in GA is not the only challenge to alleged insurrectionist candidates for office. FSFP also challenged the eligibility of Rep. Madison Cawthorn in North Carolina, where a federal Appeals Court judge was seemingly stunned last week by his defense attorney's claim at their hearing that, yes, a 12-year old could run for Congress and nobody in the state could challenge that Constitutional deficiency, that it would be solely up to Congress to determine who is eligible to be seated as a member. A ruling from that 3-judge appellate panel is due soon.

And in Arizona, where the indefatigable FSFP is representing voters challenging the candidacies of Reps. Paul Gosar and Andy Biggs, along with AZ State Rep. Mark Finchem, the Trump-endorsed Republican running for Sec. of State this year, the state Supreme Court on Monday denied the right for voters to challenge candidates at all based on the Insurrection Disqualification Clause. They determined [PDF] that "no private right of action exists under the United States Constitution or Arizona law" to challenge candidates under the 14th Amendment and that "the Constitution reserves the determination of the qualifications of members of Congress exclusively to the U.S. House of Representatives."

Bonifaz disagrees, but concedes the group is out of court options in the state. However, he explains, the Secretary of State has the final word on ballot eligibility. In this case, that would be Democrat Katie Hobbs, who they've asked to disqualify the candidates. While that might otherwise be encouraging news, it should be noted that Hobbs is also on the ballot this year running for Governor. That could restrict her political options in a matter like this...but we'll see. But credit to FSFP for fighting as hard and as long as possible!

And, yes, Bonifaz tells me, the group intends to bring challenges, on the same Constitutional basis, against Donald Trump if he runs again in 2024. "Absolutely," he vows.

Finally, Desi Doyen joins us for our latest Green News Report, as "unprecedented" wind and heat in New Mexico are fanning out-of-control wildfires across the state, endangering thousands of homes and other structures. Also, wildfires in Russian Siberia are out of control as the military, which usually tensd to them, are otherwise occupied of late fighting Putin's war on Ukraine. But she's got some good news too, about cow burps! That alone may be worth tuning in for!...

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Convicted election fraudster D'Souza makes a pretend documentary on 2020 election fraud; Also: Actual white GOP voter fraud criminal gets no jail time for voting twice; Plus callers!...
By Brad Friedman on 5/9/2022 6:14pm PT  

On today's BradCast: The lengths Donald Trump's supporters will go to to justify his sore loser attempt to steal the 2020 Presidential election is amazing. Now they've got a pretend documentary in hundreds of actual movie theaters which turns out to prove nothing. All of it, naturally, is nonsense. We explain why today. [Audio link to full show follows this summary below.]

Folks on the right were celebrating on social media over the weekend in the wake of the release of a film named (somewhat offensively) 2000 Mules. It was somehow released into more than 250 theaters across the nation last week. The film was made by Rightwing activist Dinesh D'Souza, who pleaded guilty to federal election fraud crimes back in 2014 --- before being pardoned for them by Trump in 2018. That's the guy who has now made a "documentary" claiming millions of votes were stuffed into absentee ballot drop-boxes in swing states to steal the election for Joe Biden in2020. Sounds legit.

The claim is made along with fellow GOP "voter fraud" fraudsters from a long-discredited Texas group named True the Vote. Apparently, the group paid millions to obtain publicly available, anonymized cell phone geolocation data that purportedly shows where cell phones were from October 1 through Election Day in 2020. Using that data, TTV claims in the film that thousands of so-called ballot "mules" were being paid by unnamed non-profit organizations (why didn't they name them?) to collect illegal ballots for Joe Biden and deliver them into ballot drop boxes in Arizona, Georgia, Michigan, Pennsylvania and Wisconsin.

If all of this sounds absurd, it's because it is. The data can't actually be tied to any voter --- and is only accurate to about 100 feet, according to experts --- meaning that anytime someone drove past a drop box, or walked passed it (the drop-boxes are often placed in high traffic areas) on their way to and from work or something, they are a "mule" for stuffing ballot boxes for Joe Biden! Sorry about that delivery guys and mail men and election workers and students who just happen to walk or drive by each day on their way to classes! You're all now "mules" for Biden!

Who paid all of these "mules"? And how did this conspiracy involving tens of thousands of people stay so quiet without any participants blowing the whistle? And what actual, ya know, evidence do D'Souza and True the Vote have that crimes were actually committed here? Well, that's where it gets a bit dicier. And, by dicier, I mean made up out of whole cloth with no actual proof of anything whatsoever. But they have video of people dropping ballots into those drop-boxes! (Which, of course, is perfectly legal. In most states, folks can delivery ballots of family members and disabled voters, etc. Perhaps that's why the filmmakers thought it wise to blur out the faces of those voters?) There seems to be no actual proof of crimes here, including who supposedly paid these people (or even that anybody was paid at all!)

Still, it was enough to cause easily-duped Rightwingers to become very excited about over the weekend, as the #2000Mules hashtag trended on social media. So today, we debunk the nonsense in some detail with an assist from AP, who finds "gaping holes" in the film's claims, and from Greg Palast, who explains the "belly laughs" provided by the film's "proof" of fraud.

"D’Souza’s charge is mind-blowing. He claims that there are as many 54,000 mules that were organized and paid in at least five big cities. In Fulton County (Atlanta), he tells us 92,670 ballots were stuffed illegally into drop boxes," Palast reports. "That’s astonishing --- because there were only 79,000 ballots cast in drop boxes in Fulton County!"

"And in Detroit, it was worse," he adds. "'Mules' stuffed 226,590 ballots into Detroit area drop boxes --- way more than the total number of all mail-in ballots --- about three times the number of ballots in drop boxes."

Of course, none of these facts kept Trump from holding a fancy premiere screening at his Mar-a-Lago club in Florida and declaring the pretend documentary exposed "great election fraud"! It's all so ridiculously silly, that we'd rather ignore it. But since it's in 270 theaters, brought in a million bucks on its first day, and has a bunch of duped wingnuts declaring they finally have "evidence" that the election was stolen in 2020...it seemed a good idea to help you understand this latest con so you can explain it to your duped friends, families, neighbors and co-workers in turn when they shout "2000 Mules!" at you in the days ahead.

As to actual election fraud (not unlike the type that the filmmaker D'Souza admitted to committing), last week a women in Arizona was sentenced on voter fraud charges after being convicted by the state's Republican Attorney General. She cast two ballots in 2020, one for herself and another for her dead mother. They were both Republicans. And when interviewed by investigators she claimed she didn't do it, but was certain that massive voter fraud was definitely going on and that the criminals who do it should be locked up!

Well, the nice white Republican voter fraudster woman was found guilty and, despite the prosecutors asking for at least 30 days in jail, the judge let the woman, 64-year old, Tracey Kay McKee --- who knew she was violating the law and then lied to officials about it --- off the hook with probation, some fines and community service.

Compare her case to Crystal Mason's --- a black mother of three in Texas --- who had the book thrown at her last year. She was on federally supervised release from jail and was never told she couldn't vote while on release. When she went to her precinct to vote, she was told she was no longer on the rolls. A helpful poll worker directed her to fill out a provisional ballot, which she did. The ballot was never tallied, but Mason was subsequently sentenced to five years in prison last year for attempting to vote while on supervised release when she believed she could do so legally. That'll teach her to be black and to try to vote in this country!

We've got some time for a few quick calls at the end of today's show too. Enjoy!...

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Guest: Jordan Zakarin of Progress Report and More Perfect Union; Also: The Obamas on SCOTUS scheme to gut Roe's Constitutional freedoms; Big Oil's record profits and wartime profiteering...
By Brad Friedman on 5/5/2022 6:43pm PT  

It's been another rough week in these United States and, in turn, on The BradCast. The War in Ukraine, the corrupted Supreme Court stealing freedoms from Americans, the stock market roller coaster, COVID deaths topping 1 million and beginning to rise again, along with the nation's expanding far-right authoritarian movement. But there has been at least one bright spot of late, which we're happy to spend some time covering today. [Audio link to full show is posted at the end of this summary.]

First, however, following Justice Samuel Alito's leaked draft majority opinion [PDF] that would end the Constitutional freedom for a woman's right to an abortion, subsequently mandating forced pregnancies, even due to rape and incest, in many states, the Obamas, Barack and Michelle, released an eloquent and important statement this week.

They focus on Roe v. Wade's recognition "that the freedom enshrined in the Fourteenth Amendment of the Constitution requires all of us to enjoy a sphere of our lives that isn't subject to meddling from the state --- a sphere that includes personal decisions involving who we sleep with, who we marry, whether or not to use contraception, and whether or not to bear children." If Roe is overturned, they explain, all of those so-called "unenumerated" Constitutional rights, established by the courts through decades of precedent, will all now be vulnerable to dismantling by the GOP's packed and stolen SCOTUS. They would soon be left to Big Government whims of the far Right.

Their statement also urges that it is important not to "feel helpless" in light of all of this or feel "there's nothing any of us can do." They note, as we often do, that "elections have consequence" and, "in the end, if we want judges who will protect all, not just some, of our rights, then we've got to elect officials committed to doing the same."

NEXT, we turn to a bit of brighter news amid so much darkness, about American working men and women finally standing up for themselves to organize at companies both big and small. There has been awe inspiring activity across the country in recent weeks and months to establish labor unions for collective bargaining by workers at huge, anti-union companies like Amazon and Starbucks and others.

We're joined to discuss this hopeful surge in working class Americans --- from the Right and the Left --- standing up for their labor rights by JORDAN ZAKARIN, publisher of the Progress Report newsletter and contributor to More Perfect Union. His great newsletter (worth subscribing to!) focuses on all things progressive, including "fact-based advocacy, and the voices of people organizing on the ground." This week, as we discuss today, he rounded up many of the encouraging union activities happening around the country in a piece headlined "A May Day of Momentum."

Among the points discussed, how Amazon, "known as an unbelievably abusive employer" has spent millions to defeat union drives, deploying their "union-busting handbook". Nonetheless, there was a recent historic victory by the underdog crowd-funded Amazon Labor Union last month that established the company's first union facility in the U.S. in Staten Island, New York.

Then there's Starbucks, where more than 50 shops have become unionized in recent weeks. There are several thousand more to go. But, Zakarin reports today, "it's much easier for them to do small, tight knit units of people that stick together" with unionization elections at each shop, rather than entire regions at once, as Starbucks CEO Howard Schultz would prefer.

We discuss recent successes at Kellogg's in Michigan, where their VP of Labor Relations was caught on tape describing union negotiators as "terrorists", and at Delta, the only major non-unionized airline, where, until workers there began to organize for a union vote, flight attendants were only paid for time in the air, not for the hours spent boarding and deplaning passengers!

"We're constantly finding that conditions are even worse than we expect," at such companies, says Zakarin. But "people are starting to stand up and walk out" in protest of lousy wages and horrible working conditions at many of these companies. "The more that people start to organize, the more it galvanizes others," he explains. "It really is a spark that catches. It's been really inspiring to see."

Zakarin also offers his insight on hearings held today in the U.S. Senate's Budget Committee, chaired by Sen. Bernie Sanders (I-VT), focused on withholding federal contracts from non-union companies; why this surge in union activity is now occurring; and whether or not he agrees with some who say that Joe Biden is the most pro-union President since FDR.

FINALLY today, news that oil giant Shell enjoyed their most profitable quarter in history, bringing in more than $9 billion dollars in pure profit while their post-pandemic and war-time profiteering pays off for them at the pump. Shell --- like ExxonMobil, BP, Chevron (which is also fighting its union workers) and all of the other oil majors --- continues to raise prices on consumers while pretending that it's Russia's war in Ukraine that is forcing them to bilk customers with higher and higher prices.

And, oh yeah, we finish up today with a bit of listener mail...

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Guest: Political scientist, international relations Prof. Nicholas Grossman of Univ. of IL; Also: EU to embargo Russian oil; USPS sued to block new gas-guzzling truck contract; More bad news for Trump in NY...
By Brad Friedman on 4/29/2022 5:48pm PT  

On today's BradCast: Putin's war in Ukraine continues, as do fears that it could expand into a nuclear World War III. That has led some on the anti-war Left to demand the U.S. and EU spend more energy pushing for a diplomatic solution rather than sending more deadly arms to Ukraine to help it defend itself. But that, according to our guest today, is a false choice. [Audio link to full show is posted after this summary below.]

First up, after recently cutting off the purchase of coal from Russia, the European Union is reportedly now prepared to embargo oil purchases as well. That's good news for Ukraine, very bad news for Russia, but also potentially bad news for American consumers as the global price of oil is likely to further spike as Big Oil CEOs in the U.S. continue to rake in record profits rather than increase production or lower gas prices at the pump. We discuss.

In not entirely unrelated news, as EarthJustice senior attorney Adrian Martinez vowed on this program back in February, his organization along with the Natural Resources Defense Council (NRDC), the United Auto Workers (UAW), 16 states and the District of Columbia are now now suing the U.S. Postal Service to block its purchase of nearly 150,000 new gas-guzzling mail delivery trucks. The $11.3 billion contract, carried out by corrupt Donald Trump's corrupt Postmaster General Louis DeJoy, is unlawful on several bases, they argue. Most notably, the USPS failed to do an environmental impact study, in violation of the National Environmental Policy Act, until after inking their deal with Wisconsin defense contractor, Oshkosh Defense, to build the trucks.

The new gas-powered vehicles are designed to get just 8.6 mpg, barely more than the 30-year old trucks they're replacing and, to make matters worse, will be built in a new non-union facility in South Carolina, rather than the company's union shop in Wisconsin. “Once this purchase goes through, we’ll be stuck with more than 100,000 new gas-guzzling vehicles on neighborhood streets for the next 30 years," California's Attorney General Rob Bonta said in a statement.

The states and the environmental groups --- with the support of the EPA and White House --- are hoping to move the USPS to deploy an all-electric fleet instead. Transportation is the single biggest source of greenhouse gas emissions in the U.S., and the postal fleet's 217,000 trucks is the largest share of the government's nonmilitary vehicles. Federal regulators estimate the new trucks will emit roughly the same amount of Earth-warming carbon dioxide each year as 4.3 million passenger vehicles.

Next, as Russia regroups in the east and south of Ukraine to prepare their next offensive, we're joined today by NICHOLAS GROSSMAN, international relations professor and political scientist at the University of Illinois. He's also Senior Editor at Arc Digital and author of Drones and Terrorism: Asymmetric Warfare and the Threat to Global Security.

This week, Grossman wrote a piece at The Daily Beast, responding to recent commentary from liberal academic icon and anti-war advocate Noam Chomsky, who is critical of the U.S. and NATO for continuing to supply Ukraine with weapons of war, rather than demand negotiations toward peace. As Chomsky argued, while sympathetic with Ukrainian President Volodymyr Zelenskyy's position, increased arming of the beseiged nation fails to "pay attention to the reality of the world," which, without conceding to Russian demands via negotiations, will result in "the destruction of Ukraine and nuclear war."

But Grossman argues that's a false choice and that arming Ukraine is, in fact, at least right now, the best path to peace. "Even just framing it as diplomacy or war is a mistake," Grossman responds today, "in that war and diplomacy are not alternatives that go together. Just about every war ends with some sort of negotiated solution. Ukraine was willing to meet with Russia and did offer some concessions and those weren't enough. But, also, the actions on the ground are in effect a negotiation."

"The way that a lot of political science treats war is to think of it as a bargaining process. You have these two sides, Russia and Ukraine. Russia wants something and Ukraine really doesn't want to give it. And Russia's willing to kill to try to get it, and Ukraine is willing to kill to try to not give it. As long as that's the case, then the two of them don't actually know what they can force the other to accept. And so the war itself, the actual fighting, is to some extent a negotiating process. It is the fighting on the ground that is pushing both sides to figure out what exactly they can force the other one to accept."

"There will be peace," Grossman insists, "but the peace is going to look like many possible different things. One option is a peace where Ukraine is independent. Another option is where Ukraine is subjugated by Russia. Both of those are technically peace. But the Chomsky argument seems to be pushing more for the peace with Ukraine bowing down before Russia. And the problem with that is the Ukrainians don't want to, and there's nothing American can do to make them do it. So the action of 'Hey, we could have this option of getting them to sit down and then work it out and there would be peace, but instead we're not doing that, we're just causing war', just misunderstands that."

"As long as Russia and Ukraine want to fight, they're going to fight, and the United States can't stop that. So our choice is leave the Ukrainians on their own, or help them as they try to fight for independence."

There is, of course, much more to discuss with Grossman, including Chomsky's concerns (and many others'!) that this all leads to the use of nuclear weapons by Russia, as well as his thoughts on those who claim to be anti-war while blaming the U.S. for Russia's aggression. Please tune in for our very insightful and informative discussion today.

Finally, we close with some brighter news. A judge in New York has refused to end the $10,000/day fines levied against Donald Trump earlier this week, after the disgraced former President was found in contempt for failing to adequately respond to document subpoenas from New York state Attorney General Letitia James. Her civil probe into alleged "fraudulent" financial statements by Trump --- inflating or deflating his net worth as part of an alleged years-long bank, tax and insurance fraud scheme by Trump, his company and perhaps his children Ivanka, Don Jr. and Eric --- is continuing toward a potential lawsuit. The Manhattan District Attorney is supposedly reviewing similar matters in consideration of criminal charges. Today, Judge Arthur Engoron denied Trump's motion to purge the contempt ruling (and the daily fines that go with it) after Trump submitted a one-page affidavit claiming he did not have any of the documents sought by James. He failed to explain who did or what he did to search for them.

"Mr. Trump's two-paragraph affidavit adds no useful information to the mix," said James before Engoron's decision today. "Mr. Trump merely states off the top of his head, with no hint that he conducted any type of search, that he has no documents in response to the December 2021 subpoena in his 'personal possession.'"

"It is simply not plausible that Mr. Trump authored only three documents dealing with the value of his assets and his wealth," the state AG wrote. The fines will continue to mount for now, as James' office makes their final determination as to whether or not to formally charge the former President in the coming weeks...

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Don't be afraid to keep your mask on! Also: Twitter bans climate change denialist ads. Will 'free speech absolutist' Musk keep the ban in place?...
By Brad Friedman on 4/26/2022 6:48pm PT  

On today's BradCast: When the hot debates die down, the liars, of late, having been trying to claim (false) victory. Let's not let them, shall we? [Audio link to full show is posted below this summary.]

We're seeing a lot of that in recent days when it comes to, for example, Russia's help for Donald Trump election in 2016 (yes, it actually happened, despite the disinformed denialists now opportunistically claiming otherwise) and, as we focus on today's program, on those pretending that the CDC and other public health officials had it all wrong about COVID. They didn't. And just because we're all really sick and tired of the continuing pandemic and discussion of COVID in the news has largely been overtaken by other pressing matters, the deadly virus is still killing hundreds of Americans each day. That, after nearly 1,000,000 Americans were killed over the past two and half years. Please don't let the anti-mask and anti-vaccine bullies mislead or cow you.

We never enjoy being the bearer of bad news (it just seems to be our lot in life of late), but a new COVID sub-variant of Omicron, known as BA.2.12.1, is apparently the most transmissible yet, and it is quickly rising across the nation (and world). Some facts you may want to know about that today, why you should get your shots if you haven't already, and why you shouldn't bow to pressure from anyone to not wear a mask indoors if you damned well feel like it.

Also, the Vice President tested positive today. Thankfully, because she is double-vaccinated and boosted, she is, so far at least, said to be asymptomatic. Many others are not quite as lucky, particularly the unvaccinated, many children, and, in particular, those who live in states run by Republicans like Florida Governor and Presidential hopeful Ron DeSantis. He is still turning up the heat on his lies that critics of his failed COVID policies --- the state banned mask mandates and forced schools to remain open when they shouldn't have --- were wrong, and that he was right.

Well, if death rates in states like Florida and Georgia last year, which were two to three times those in blue states per capita, are considered to be "right", then I guess I'm glad I don't live in such states. But I'd still like to help those who do. Yes, as Axios reported late last month, based on then-new CDC numbers, "America's political divisions are now on display in mortality rates."

Sadly, Florida, with its more than 73,000 COVID deaths, is a perfect example. As Axios Tampa Bay reported, "Death rates in Florida and Georgia (more than 200 deaths per 100,000) were much higher than in states with largely vaccinated populations such as New York (112 per 100,000), New Jersey (73 deaths per 100,000), and Massachusetts (50 per 100,000)." And, based on data comparing deaths that would normally be expected, "Between August and December 2021, Florida experienced more than triple the number of excess deaths (29,252) as New York (8,786), despite both states having similar population counts."

That didn't stop DeSantis, during his State of the State address earlier this year, from lying to his constituents: "We would not allow fear or politics to harm our kids. We were right and they wrong and millions of families in Florida are better for it." Sure. Unless you count the tens of thousands of Florida families mourning the unnecessary loss of their loved ones thanks to DeSantis' deadly lies and horrific COVID policies.

In other news of note late last week, on Earth Day, Twitter announced a long overdue policy banning advertisements purchased to push climate change denialism. We'll see if they actually carry it out. But, perhaps more of note, since Elon Musk's $44 billion purchase of the social media company was announced on Monday, it will be interesting to see if the self-proclaimed "free speech absolutest" and CEO of Tesla, the company almost single-handedly responsible for kicking off the planet's electric vehicle revolution, will keep the ban in place as he takes the company private to use as his own personal plaything. (P.S. The entire story of Musk's purchase of Twitter serves as still more evidence that taxes are way way too low for rich people and corporations!)

Finally, Desi Doyen joins us for a chocked-full-o'-news Green News Report, as we try to get you all caught up with all of the climate related stuff of note that you missed while we dared take a much-needed Spring Break last week...

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Guest: John Bonifaz of Free Speech for People; Also: Macron's victory; Trump found in contempt in NY, fined $10k/day until subpoena answered...
By Brad Friedman on 4/25/2022 6:43pm PT  

Well, we're back after a much-needed break last week on The BradCast. (Thanks to Nicole Sandler for covering for us for a few days!) As it turns out, disappointingly, news didn't stop just because we were gone!

First up today, some very good news from over the weekend and from this afternoon...

According to Exit Polling (which tends to accurately report on Europe's various hand-marked, hand-counted balloting) on Sunday, center-right French President Emmanuel Macron defeated far-right extremist Marine Le Pen to win a second five-year term. The European Union and democracy-lovers everywhere are breathing a sigh of relief following the apparently failed third try by Le Pen --- a supporter of Trump, Putin and other far-right autocrats and an opponent of NATO, the EU and immigrants --- to win the Presidency. It was the first time in 20 years that a French President has won a second term. Macron did so by a comfortable 17 points, based on Sunday surveys. Le Pen's far-right coalition will now shift their efforts to Parliamentary elections coming up in June.

More good news today, this time out of New York, where the Judge overseeing state Attorney General Letitia James' civil probe of alleged bank, tax and insurance fraud by Donald Trump, his kids and the Trump Organization has found him in contempt. Trump is now being fined $10,000/day until he adequately answers the AG's subpoenas for documents. "Today, justice prevailed," James said in a statement following following the Judge's order. “For years, Donald Trump has tried to evade the law and stop our lawful investigation into him and his company’s financial dealings. Today’s ruling makes clear: No one is above the law." But, in potentially even better news, Asst. Attorney General Kevin Wallace is quoted by AP as saying "We plan to bring enforcement action in the near future". Translation: Trump is about to face serious civil litigation in NY that could ultimately break up and/or bankrupt his company, if successful.

At the same time, the Manhattan District Attorney's criminal investigation into many of the same matters, regarding Trump committing fraud over many years by lying on his annual financial statements, continues as well.

The quest for accountability in the wake of our failed former President's attempt to steal the 2020 also continues elsewhere. On Friday, Georgia's far-right Republican U.S. Rep. Marjorie Taylor Greene became the first sitting member of Congress to answer questions under oath about involvement in the January 6th, 2021 insurrection at the U.S. Capitol. Her testimony in an Atlanta courtroom, following a ruling to allow it by a federal judge, came in response to a ballot eligibility challenge filed by several voters in her 14th Congressional District. They charge Greene is ineligible for office based on Section 3 of the U.S. Constitution's 14th Amendment. The so-called Insurrection Disqualification Clause bars from office those who, after previously taking an oath to defend the Constitution, subsequently "engaged in insurrection or rebellion against the same" or have "given aid or comfort to the enemies thereof."

Greene was just one of the members of Congress who was neck-deep in the attempts by Trump and his MAGA Mob to block the certification of Joe Biden's 2020 election victory. She even went so far, as video produced by the plaintiff revealed, as to threaten violence to prevent the peaceful transfer of power to the new President. On Friday, Greene sat for several hours of questioning from attorneys at Free Speech for People (FSFP) who are representing voter-clients in Georgia, as well as several other states where voters are challenging the eligibility of elected officials who "engaged in insurrection" or gave "aid or comfort" to those who did.

Today, we step through her prevaricating testimony from Friday, in which she attempted to lie about charging that Democratic U.S. House Speaker Nancy Pelosi had committed treason ("punishable by death," Greene noted in the video she initially tried to pretend did not exist) and about expressing approval for a comment on her own Facebook page calling for a "bullet to the head" of the Speaker.

Much of Greene's testimony consisted of dozens of "I don't recall" and "I don't remember" responses to the plaintiff attorneys, even as her memory was suddenly razor sharp when it came to remembering tweets, comments and other social media posts and videos cited by her own defense attorneys. While Greene claimed she never called for violence, the clear record proves otherwise.

We're joined today by JOHN BONIFAZ, Co-founder and President of FSFP, the group working with voters bringing the challenges to Greene in GA, as well as Rep. Madison Cawthorn in North Carolina, Reps. Paul Gosar and Andy Biggs in Arizona, and against far-right AZ State Rep. Mark Finchem, the Trump-endorsed Republican candidate for Secretary of State.

Bonifaz offers his reaction to Friday's hearing and Greene's attempt to evade accountability for her role in the 2021 insurrection. He also offers updates on the appeals filed in federal court in North Carolina (where a Trump-appointed judge rejected FSFP's challenge to Cawthorn's candidacy on a rather remarkable basis, as discussed) and in AZ, where a Maricopa County Superior Court Judge on Friday dismissed FSFP's challenge to Gosar, Biggs and Finchem. In that case, as Bonifaz details, the judge rejected the Constitutional challenge not on the merits, but on the claim that private citizens have no right to sue under the 14th Amendment. Bonifaz, a longtime, well-respected Constitutional law expert, explains why he believes the AZ judge is wrong (for example, he observes, it would allow a 14-year old or Vladimir Putin to run for Congress!) and the basis for which his organization is appealing that ruling.

Meanwhile, back in Georgia, the state administrative law judge who oversaw Friday's testimony, Charles Beaudrot (a corporate tax attorney who was initially appointed by a Republican Governor), will soon give his recommendation to Republican Sec. of State Brad Raffensperger as to whether Greene should be disqualified from the mid-term ballot. Raffensperger will then decide whether to accept Beaudrot's recommendation or not.

No matter how it all shakes out, Bonifaz tells me today, the federal court ruling which allowed the challenge to go forward in the state last week is a victory in and of itself.

"Independent of what happened in the hearing on Friday," Bonifaz says, "what's happened is the door has now been opened for somebody like Donald Trump --- or anyone else who took an oath of office and engaged in insurrection --- being held accountable in Georgia. That door is now open because the precedent is there for voters to be able to challenge them based on Section 3 of the 14th Amendment. Assuming its upheld by the 11th Circuit (Greene's attorney, who also works for Trump, is appealing the U.S. District Court Judge's ruling) that means there will be a challenge, I think, to Donald Trump appearing on the Georgia ballot in 2024."

There's lots more in today's conversation with Bonifaz! Please tune in...

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Guest host Nicole Sandler with Emptywheel's Marcy Wheeler…
By Nicole Sandler on 4/18/2022 3:38pm PT  

It's NICOLE SANDLER back again to guest host another edition of The BradCast. [Audio link to full show is posted below this summary.]

MARCY WHEELER is always one of my favorite guests. She's an independent journalist, writing at her own semi eponymous blog Emptywheel. She's always covered national security and intelligence issues, and she's really gone all in on covering everything surrounding the January 6 capitol insurrection.

Wheeler is living in Ireland these days, but she calls into the listen lines that have been set up for the Jan 6 hearings, and covers the hearings better than anyone else doing it.

Unfortunately, while the hearings are carried and available for all to listen in on using those phone lines, there is no similar platform from which to hear the jury trials. But she's managing somehow.

Marcy is also following the actions (and inaction) of the Dept. of Justice and other entities who have investigations into the former administration and its attempts to overturn a free and fair election.

I suggested she's got the makings of a great, quite comprehensive book. But she reminded me that if she were to write now, she'd be unable to cover the news as it was happening. So she'll stay on the beat for now…

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Guest host Nicole Sandler w/ Tulane Law's Amy Gajda and Tanya in Kyiv...
By Nicole Sandler on 4/15/2022 2:23pm PT  

It's your friendly, reliable guest host NICOLE SANDLER in for Brad and Desi today on The BradCast, as they begin a much-needed Spring Break. We've got some news of the day as usual, along with two timely guests for your listening pleasure. [Audio link to full show follows this summary.]

First, however, a few quick news items of the day. Among them: Ukraine's sinking of the Moskva, Russia's flagship in its Black Sea war fleet; and new anti-abortion laws being quickly enacted by GOP states in anticipation of this summer's U.S. Supreme Court ruling that may well end or, at least, severely restrict 1973's landmark Roe v. Wade precedent and its right to privacy for women seeking reproductive care.

Next, my conversation this week with my friend TANYA in Ukraine. I met her six weeks ago as Putin's war began, when I cold called the Friends Forever Hostel in Kyiv. We've been communicating ever since via text message. And, this week, we connected for the first time via video with Zoom. I'll share some of that conversation on today's program.

Finally, my discussion with AMY GAJDA, former journalist turned Tulane University Professor of Law and an expert on privacy and the media. We discuss her new book Seek and Hide: The Tangled History of the Right to Privacy on what is clearly an important topic these days.

Enjoy!...

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Also: More record job growth under Biden; More lousy media coverage of it; Huge majorities want climate change action, clean energy...
By Brad Friedman on 4/14/2022 7:12pm PT  

On today's BradCast: Guilty pleas for voter fraud in a Trump stronghold in Florida. The Colorado state GOP endorses a federally-indicted election tamperer for Sec. of State. Trump's Chief of Staff is removed from the voter rolls amid a state probe into his own apparent voter fraud after he tried to steal the 2020 Presidential election. And yet the fraudulent GOP 'voter fraud' industry continues raking in the cash and making it harder for certain people to vote by pretending that Democrats are committing massive voter fraud. Quite a racket. [Audio link to full show is posted below.]

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

  • Perhaps you haven't heard, but new weekly jobless claims haven't been this low since 1968, with companies increasing wages to hang on to their employees. Sounds terrible. No wonder Biden's approval ratings are so low. (Of course, in addition to downplaying such stories or not covering them at all, some in the corporate media have turned this great news for American workers into terrible news for businesses, focusing on "labor shortage" and "high costs" of maintaining workers.)
  • New polling from Gallup finds Americans overwhelmingly support Biden's proposals to tackle climate change and move the nation to clean renewable energy. Huge --- and I mean huge-- majorities support stuff like tax credits for Americans to install solar power at home; incentives for businesses to move to renewable energy; increasing mileage standards on cars and trucks; major investments in electric vehicle charging infrastructure. Most of those wildly popular ideas (all mercifully attacked by the America haters at Fox "News") were in the Biden/Democrat Build Back Better bill, which every Senate Republican plus the corrupt Joe Manchin helped to kill last year.
  • Then there's the never-ending GOP "voter fraud" industrial complex which is having another terrific year! Brain-poisoned suckers, terrified about non-existent massive voter fraud by Democrats, continue to send their money and votes to the scammers who are actually committing the fraud while making it harder for certain Americans to vote at all.

    In Florida, a bunch of old, white Republican retirees in The Villages have been indicted for and/or pleaded guilty this week to double voting in the Trump stronghold. Because they're white and Republican, they're getting off with slaps on the wrist. (Contrast that with folks like Crystal Mason, a black woman from Texas who didn't know she wasn't allowed to vote after being released from jail before casting a provisional ballot at the direction of a poll worker. Her vote was never counted --- unlike the double voters in FL --- but she's been sentenced to five years in prison. The Trump/DeSantis voters who pleaded guilty for voting in two different states in 2020, are getting off with no jail time at all.)

    In Colorado, the state Republican Party held its big confab over the weekend. They endorsed a candidate for U.S. Senate who told them this week that Trump won in 2020, while comparing the election to what "we felt after 9/11". But the CO GOPers really went all in for Tina Peters, the Clerk of Mesa County who snuck into a secure storage area in the middle of the night last year along with accomplices with fake IDs, turned off the security cameras and made unlawful copies of sensitive voting system software before releasing it to the public over the Internet. She's now been charged with a 10-count federal indictment for her election tampering. But the CO Republican delegates over the weekend rewarded her with an overwhelming majority endorsement to become the state's chief election official in her bid to become CO's next Secretary of State. Don't worry. If Peters wins, the state Republicans' choice for Governor told the crowd this weekend that he'd pardon her. (Cuz, Rule of Law, Law and Order and all that. Also: unclear if he knows Governors can't pardon federal felons.)

    And, just to top off the madcap fraudulent fun, Mark Meadows --- Donald Trump's Chief of Staff who tried to help him steal the 2020 Presidential election --- has now been removed from the voting rolls in North Carolina, where the former Congressman and "election integrity" warrior appears to have been unlawfully registered. In a mobile home where he never spent a night and may have never even visited. Even as he was registered to vote --- and voting --- in Virginia. (Add him to a long list of high-profile GOP voter fraud fraudsters we've covered over the years, including Ann Coulter, Mitt Romney, Newt Gingrich and MANY more!)

  • Finally, Desi Doyen joins us for our latest Green News Report with news of climate change-fueled, catastrophic rains and deadly flooding which killed hundreds in South Africa this week; new science finding that our climate crisis is supercharging hurricane rainfall; and some brighter news on wind energy which hit a remarkable new milestone last week! (Don't tell Trump! He's still pretending that windmills cause cancer!)

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Also: Brooklyn subway shooting; NY Lt. Gov. indicted; What you don't know about inflation; Biden taps ethanol to further lower gas prices...
By Brad Friedman on 4/12/2022 7:22pm PT  

We've got a very busy and eclectic BradCast for you today. For good or ill. You'll decide. [Audio link to full show follows this summary.]

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

  • Another mass shooting today, this time in a crowded subway train in Brooklyn. At least 10 were shot and 17 injured. Reportedly, however, even with 5 victims said to be in critical condition, authorities say none of the injuries are life-threatening. The gunman, wearing a gasmask and releasing smoke bombs to add to the nightmarish chaos, appears to have used a semi-automatic handgun with several large magazines and was only stopped, after at least 33 shots, when one of the cartridges is believed to have jammed. The suspect was still on the run as of airtime.
  • Also in New York, recently-minted Democratic Lt. Gov. Brian Benjamin was arrested and indicted on several federal felony charges related to bribery, fraud and falsification of records on Tuesday, in an alleged scheme during his time as a state Senator involving campaign payoffs from a real estate developer (who was previously arrested, but is not Donald Trump). Among the records Benjamin is said to have falsified are the vetting documents used by Gov. Kathy Hochul when selecting him for the job of Lt. Gov. after she ascended from that job in the wake of the resignation of the previous Democratic Governor, the scandal-plagued Andrew Cuomo. Benjamin resigned late today. But getting him off the June primary ballot, where he was set to run for election against two other Democrats, is a different matter.
  • You may have heard today via screaming headlines that new data from the Bureau of Labor Statistics on finds inflation in March was at 8.5% over the past year. It is the highest rate since December of 1981 when that failed, one-term President Ronald Reagan was in the final month of his first year in office. There's probably a bunch of other stuff you haven't heard today beyond the screaming "Inflation hits 40-year high!" headlines from our corporate media. We help you understand some of that stuff.
  • President Joe Biden's recent action to release a million barrels of oil a day, for the next six months from the nation's Strategic Petroleum Reserve immediately helped to lower gas prices at the pump. They've been falling pretty much every day since that unprecedented move, though they remain high thanks to Russia's war in Ukraine and the oil industry's continued profiteering. Today, in a bid to further lower gas prices, Biden announced a plan to waive the ban on summer use of E15 gasoline, which contains a 15% ethanol blend. Desi Doyen helps us make sense of that news and why it is both good and bad.
  • Last week, following a months-long investigation, Arizona's very MAGA, vote-suppressing Attorney General Mark Brnovich, finally released a report [PDF] on his probe of allegations of fraud in Maricopa County (Phoenix)'s 2020 Presidential election. That probe was requested by the very MAGA state Senate after the exceedingly MAGA Cyber Ninjas failed to find any evidence of fraud in their own months-long so-called "audit" in the state's largest county, where Joe Biden won by some 45,000 votes, delivering the state to a Democrat for the first time in decades.

    As it turns out, Brnovich failed to uncover any evidence of fraud or any other crimes, though he did pretend to find "serious vulnerabilities" in the County's elections procedures. But those "serious vulnerabilities", according to the Chair of the County's Republican Board of Supervisors, the County's Republican Controller (its chief election official, who won his position during the same 2020 election), the County's former Democratic Controller (who lost that year), and the state's Democratic Sec. of State are all calling out Brnovich for a BS report that fails to find any evidence of any problems in the election at all, even while using words that help Fox "News" and the losing former President and all his MAGA friends pretend that he did. (Brnovich is in a contested primary race for the GOP U.S. Senate nomination, after all.)

    We let you know what Brnovich actually found (and didn't), even if none of it prevented the MAGA state Senate President who helped kick off all this madness from from claiming the report finds "fraud" (it doesn't) or one of the most rightwing MAGA state Senators from taking to her Twitter account in response to the report to call it "flaccid" and to insist that "WE WANT ARRESTS NOW." --- For what exactly? That part remains unclear. It may take a few more months or years and more millions of dollars of tax-payer money spent by "conservatives" in the state to get to the bottom of it.

  • Finally, Desi Doyen brings our latest Green News Report with some troubling new news on methane and climate change, as well as microplastics now being found in human blood and lungs. But she's got some better news on new mileage standards from Biden's Dept. of Transportation and on the electrification of tens of thousands of government vehicles and school buses in Los Angeles and Boston...

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Guest: John Nichols of The Nation; Also: State Dept. has no records of gifts to Trump; Don Jr. plotted to steal 2020 two days after the election...
By Brad Friedman on 4/11/2022 6:32pm PT  

On today's BradCast: The corruption never ends and will only get far worse until someone finally faces accountability. Whether it's Donald Trump for his unspeakable corruption and attempt to steal the 2020 Presidential election or Justice Clarence Thomas, whose corruption has been well-documented for decades now, as he appears to have joined the effort to help Trump steal that election --- or, at the very least, avoid accountability for trying. Thomas needs to be impeached, argues our guest today, or we might as well put our Constitution "through the shredder." [Audio link to full show follows below this summary.]

As to Trump's unspeakable corruption, yes, we are still learning about much more of it. As TPM reported over the weekend, apparently the State Department is now reporting they have no records of gifts given to Trump (or Vice President Mike Pence and other Administration members) by foreign leaders during Trump's final year in office. Worse, according to the State Dept.'s report, the Office of the Chief of Protocol's Gift Unit reports no records of any gifts at all from January 20, 2017 (the day Trump took office) until the end of his first failed term in January of 2020. No record of what the President of the United States received from Foreign Leaders?! Um, that's not good.

We've come to expect this kind of grotesque corruption from Trump and his family members. So, it shouldn't come as a surprise to learn over the weekend, as we did via CNN, that Don Jr. was texting then White House Chief of Staff Mark Meadows just two days after Election Day in November of 2020 --- before the race had even been called or all of its votes tallied --- to detail one way after another that the election could and should be stolen for his father. "We control them all," Don Jr. told Meadows, while describing the way that state legislatures or Congress, or even the judiciary could help steal the election before Team Trump even knew for certain they had lost. "We have operational control Total leverage....POTUS must start 2nd term now," Trump Sr.'s corrupt son instructed the White House Chief of Staff on November 5th, 2020, according to messages obtained by the U.S. House Select Committee investigating the January 6th insurrection.

It's troubling enough that the man and his party who are planning to steal the 2024 election, if necessary, have yet to be held to account. It is no less troubling that at least one member of the U.S. Supreme Court is corrupt enough to help them. Outrage over Ginni Thomas, the far-right activist wife of far-right activist Justice Clarence Thomas, having texted Meadows dozens of times after the election, encouraging the Administration to steal the election for Trump, faded quickly after it was initially reported just over two weeks ago by the Washington Post's Bob Woodward and Robert Costa. Sure, there is a war in Europe and Will Smith slapped Chris Rock at the Oscars, but a corrupt sitting Supreme Court Justice --- willing to be the lone dissenting vote to potentially keep his own wife's text messages out of the hands of House J6 Committee is impeachment-worthy, according to my guest today, JOHN NICHOLS, National Affairs Correspondent for The Nation.

The news about corruption of Clarence and Ginni is just the latest apparent law-breaking by the couple. We've been reporting on it for more than a decade. So has Nichols, who tells me he reported on conflicts of interest regarding Ginni's far-right activism 22 years ago. "Ginni Thomas was already working with the Bush-Cheney Administration at the same time that Clarence Thomas joined in that closely divided decision to close down [the 2000 Presidential] recount," he notes today. "So this woman has a quarter century of engagement in politics in a way that should not only have led to recusals by her husband, but ultimately, when he didn't recuse, should have led to his removal from the Supreme Court."

But enough is enough. And it would nice if both the corporate media (which has largely ignored this matter) and elected Democrats (who have tepidly called for Thomas to recuse himself from 2020-related cases) starting doing something about it. "We have reached that point," Nichols argues, when asked if Justice Thomas needs to be held to account for "seri­ous ethical or crim­inal miscon­duct" after the House Select Committee gathered evidence of his wife's texts to the White House Chief of Staff. "Trump tried to overturn the results of the 2020 election in what can accurately be referred to only as a coup attempt. And he sought to hold office illegally. That is a coup. When you are investigating something of that consequence, if there is even the slightest possibility that a member of the U.S. Supreme Court used his position to try to undermine or limit that investigation --- because his wife was a co-conspirator, because his political allies were involved in the issue --- that has to be investigated. It is best investigated, in my opinion, in an impeachment inquiry."

"We're having a discussion about recusal at this point for Clarence Thomas? This is absurd!," Nichols insists. "This guy isn't going to recuse. He's made it absolutely clear. This is like saying, 'At the very least, Jesse James should recuse himself from robbing banks.' The crime has already been committed! The notion that we would now say 'Oh, he should recuse himself going forward' doesn't get to the heart of the matter, and it doesn't get to the reality. The only option we have in this case is impeachment."

But, of course, even if Democrats in the House stepped up to do the right thing, Mitch McConnell and the Republicans would never remove Thomas from the High Court, right? "For those who say, 'Oh, we can't do that because Mitch McConnell might not let us,' then you might as well take the Constitution out of the National Archives and put it through the shredder. What's the point of having an impeachment power if you don't use it in a moment like this?"

Good argument. And we've got much more along those lines with Nichols today, including some of his thoughts on the huge hole left behind in the progressive media following last week's tragic loss of longtime media critic Eric Boehlert, and on whether he believes Attorney Merrick Garland and the DoJ are taking the appropriate steps to hold Trump and the rest of his cabal to account for their part in the insurrection (as discussed last Thursday on this show with former federal prosecutor Randall Eliason) and the broader attempt to steal a Presidential election before our very eyes...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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