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Latest Featured Reports | Friday, August 14, 2020
Trump Admits to Crippling USPS In Hopes of Stealing the Election: 'BradCast' 8/13/20
President of the United States holds trillions of dollars in emergency relief hostage to prevent Dems from safely casting ballots in November...
'Green News Report' 8/13/20
  w/ Brad & Desi
Biden taps enviro justice champ Harris for VP; Trump EPA rolls back methane rules for industry; Good news for nation's birds; PLUS: Another new fossil fuel spill, this time in PA...
Previous GNRs: 8/11/20 - 8/6/20 - Archives...
GOP Secretaries of State Crank Up Mail-in Vote Suppression in GA, KY, OH: 'BradCast' 8/12/20
Guest: Howie Klein on primaries in MN, GA, elsewhere; Also: Kamala debuts with Biden...
BIDEN PICKS HARRIS; Also: 'Lost' GA Vote Mystery Solved: 'BradCast' 8/11/20
Guests: Heather Digby Parton on Kamala; Jeanne Dufort on GA's scanner fail that missed 1000s of valid votes & how to fix it before Nov...
'Green News Report' 8/11/20
  w/ Brad & Desi
More deadly fossil fuel disasters in Baltimore, off island of Mauritius; Get ready for hyperactive hurricane season; Record July 2020 heat; PLUS: Canada's last intact ice shelf collapses...
Previous GNRs: 8/6/20 - 8/3/20 - Archives...
Failed PR Primary; 100k Infected Kids in 2 Weeks; Trump's Pretend 'Exec Orders': 'BradCast' 8/10/20
Also: 'Back to school' with listener calls, as it all goes from bad to worse...
Overcoming Trump's Vote-By-Mail Obstacles
How states, counties and YOU must help defend our 'last firewall'...
Sunday 'Is What' Toons
This week's toon collection from PDiddie is what it is...
'Mail is Being Slowed Down... Everywhere' Warns Postal Union Prez: 'BradCast' 8/7/20
Guest: APWU's Mark Dimondstein; Also: Progressive activist 'wins' TN's Dem U.S. Senate nom after being outspent 250 to 1...
National Ripoff Association: NY A.G. Sues NRA for Fraud, to Dissolve Org: 'BradCast' 8/6/20
Also: Trump in NY legal trouble too; Economy over a cliff as White House, Repubs dither...
'Green News Report' 8/6/20
  w/ Brad & Desi
Trump signs major land bill; Fertilizer caused Beirut explosion; Electricity shutoff ban ending; Shell's offshore hybrid wind farm; PLUS: Northeast climate pact causes healthier kids...
Previous GNRs: 8/3/20 - 7/30/20 - Archives...
Progressive Victories (and Losses) in MO, MI, AZ, WA, KS Primaries: 'BradCast' 8/5/20
Guest: Howie Klein; Also: Disgraced Kobach and Watkins lose in KS; Disgraced Arpaio in running in AZ; GOP Guv restores IA voting rights to former felons...
Death and Destruction; Hope and Change: 'BradCast' 8/4/20
Isaias lands; Trump goes to 11; McSally and Graham in trouble; MUCH MORE...
'Green News Report' 8/4/20
Isaias hits NC amid a pandemic, makes history; Rising seas pushing storms further inland, study warns; PLUS: 15 states clear the air, move to all-electric trucks and buses...
'Election Cyber Surge' Launches Not a Moment Too Soon: 'BradCast' 8/3/20
Guest: Maya Worman of U. of Chicago Harris Cyber Policy Initiative says help is on the way!; Also: Trump facing big trouble in NY; Callers ring in on the VEEPStakes...
Sunday 'Delaying the Inevitable' Toons
Distract yourself with PDiddie's latest collection of the week's best political toons...
FEC Complaint: Trump Camp Running $170M 'Laundering' Scheme: 'BradCast' 7/31/20
Guest: CLC's Brendan Fischer on yet another extraordinary Trump grift; Also: Stop cowering at his wannabe dictator tweets!...
Monopoly Money: 'BradCast' 7/30/20
Guest: David Dayen on the 'incredible' anti-trust hearing in the House and his new book 'Monopolized'; Also: Cain dies of COVID; Trump tries to distract from newly disastrous economic numbers; Rep. Lewis laid to rest...
'Green News Report' 7/30/20
Trump in TX to expand fossil fuel exports, lie about Biden; Very good news for clean, renewable energy in U.S.; PLUS: Ag officials alarmed by 'mystery seeds' in the mail...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

COLORADO FOLLOWS FLORIDA WITH GOP CRIMINAL INVESTIGATION
Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


With Brad Friedman & Desi Doyen...
By Desi Doyen on 8/13/2020 11:40am PT  

IN TODAY'S RADIO REPORT: Joe Biden selects environmental justice champ Kamala Harris as his Vice Presidential running mate; Trump EPA rolls back methane pollution rules to profit the oil and gas industry; Good news for the nation's birds; PLUS: Another new fossil fuel spill, this time in Pennsylvania... All that and more in today's Green News Report!

PLEASE CLICK HERE TO HELP US WITH A (MUCH-NEEDED) DONATION to celebrate 1000+ episodes of independent, listener-supported climate, energy and environmental news! Thank you!

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Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): 5 Lessons from the Pandemic to Tackle Climate Change; Trump administration eases showerhead rules; Colorado Is Still Really, Really Dry; Trump’s Border Wall Is the ‘Biggest Threat’ to Southwest Wildlife, Government Emails Reveal; Air pollution is much worse than we thought; Midwest Derecho Devastates Iowa Corn Crop. Satellites Show Damage; Antarctica’s Ice Shelves Have Lost Millions of Metric Tons of Ice... PLUS: Greenland ice sheet claims life of renowned climate scientist... and much, MUCH more! ...

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




Guest: Howie Klein on Tuesday's primary results in MN, GA, elsewhere; Also: Kamala's first appearance as Biden's running mate...
By Brad Friedman on 8/12/2020 6:57pm PT  

On today's BradCast, we look at noteworthy results after Tuesday's state primary elections in Minnesota, Georgia, Wisconsin, Vermont and Connecticut. But we begin with problems voting on Tuesday in (where else?) Georgia, and the quickly expanding efforts by Republican Secretaries of State in key battlegrounds to make mail-in voting as difficult as possible this November, as per Donald Trump's bidding.

In Georgia, as we noted on yesterday's show, despite a successful program to help keep voters safe amid the coronavirus pandemic by sending absentee ballot applications to all active registered voters during the June primary, their Republican Sec. of State Brad Raffensperger has decided not to do so again before the November general elections, despite the spike in COVID infections and deaths in the state since then. A record 5 million Georgians are expected to vote (or try to) this year, when the battleground state is hoped by Democrats to finally flip from "red" to "blue for the first time in decades in the Presidential race and when there are not one, but two vulnerable GOP U.S. Senate Seats on the ballot as well.

In Kentucky, where Senate Majority Leader Mitch McConnell is facing a challenge from Democratic former fighter pilot Amy McGrath, we're seeing an echo of Raffensperger's attempt to suppress the vote in November. Despite a largely successful June primary, when there were no restrictions on which voters were allowed to request an absentee ballot, the state's Republican Sec. of State Michael Adams on Tuesday submitted a plan to the Governor to restore restrictions, limiting absentees largely to the elderly and those with preexisting health conditions that make them more vulnerable to COVID-19. That, despite the widely praised procedures used in June in the Bluegrass State, where the rate of infections and deaths has also spiked since the mid-summer primary. Adams' absurd excuses for the proposed restrictions on Vote-by-Mail reveal that this is much more about suppression than safety or efficiency. For example, while claiming that election officials and the U.S. Postal Service will be overwhelmed in processing the number of absentee ballots if Kentucky again allows no-excuse absentee voting, Adams is also proposing that only ballots that arrive by Election Day may be counted. Previously, officials had a week after Election Day to process ballots post-marked by then, but which arrived in the days following. Luckily, Kentucky now has a Democratic Governor who may need to approve (or veto) Adams' plan before it can be enacted.

In the neighboring perennial swing-state of Ohio, where Joe Biden and Donald Trump are believed to be neck-and-neck this year, Republican Sec. of State Frank LaRose announced on Wednesday that he is barring county Boards of Election from offering more than one single secure drop-box per county for depositing Vote-by-Mail ballots. After waiting for three weeks for an opinion from the Republican Attorney General as to whether the state's 88 counties could legally deploy extra drop-boxes, LaRose announced today that he could wait no longer. He says he believes it is now too late to make any changes to how the election will be administered. So there must only be one drop-box outside of each County's elections office. He also claimed that adding extra drop-boxes would result in lawsuits like the one filed by the Trump Campaign in late June in Pennsylvania, which argues that the use of drop-boxes in that key battleground state --- where they were successfully deployed without problem during the state's June primary --- is actually unconstitutional.

These are voter suppression attempts, period. Trump and his cronies are attempting to steal the election in plain sight. Don't. Let. Them. Inform yourself and make plans for safely voting this year NOW.

Then, we're joined once again by HOWIE KLEIN of the "Down With Tyranny!" blog and the progressive BlueAmerica PAC. He has been offering analysis on the show of late, from a progressive perspective, on the late season state primary results. Today, after sharing his thoughts on Joe Biden's new running-mate Kamala Harris (he is "not a fan") and who he might like to see appointed to fill her U.S. Senate seat if Democrats win, we cover freshman Rep. Ilhan Omar's win in the Democratic Primary in Minnesota 5th Congressional District on Tuesday against an AIPAC-supported challenger.

Then we discuss the win by Marjorie Taylor Greene --- a QAnon conspiracy theorist who has proudly made racist, anti-Semitic and Islamophobic statements --- in the Republican primary run-off in Georgia's 14th Congressional District. For some reason, AIPAC did not fund her challenger, despite her unapologetic anti-Semitic remarks, and the fact that she is most likely headed to Congress after easily winning her runoff in a very Republican district.

Nor did AIPAC manage to fund a challenger to 25-year old Republican Madison Cawthorn, an apparent Nazi sympathizer in North Carolina who Klein writes about today, and who appears likely to win the seat vacated by Trump's latest Chief of Staff, Mark Meadows this November. "They love him on the right," says Klein. "They're already seeing him as a future US Senator."

Klein also offers a preview of next Tuesday's state primaries in Florida where a progressive group outside of the state Democratic Party has worked, for the first time, to recruit Democratic candidates to run in each of the Sunshine State's 27 Congressional districts. "I always say the Florida Democratic Party is lucky that there's an Ohio Democratic Party, because otherwise the Florida Democratic Party would be the worst, instead of the second worst in the country," he says. "So the environmental caucus recruited all of these great candidates. The Democratic Party flipped out. ... But there's a really, really good roster of state legislative candidates and, on top of that, there are several excellent Democrats running for the U.S. Congress," he tells me, specifically citing Adam Christensen in Florida's 3rd Congressional District.

Finally, we close with a bit of Kamala Harris' remarks today from Delaware, where she and Biden appeared together for the first time since he named her as his running mate for the 2020 Democratic Presidential ticket...

Download MP3 or listen to complete show online below...

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Guest: Howie Klein of Down With Tyranny; Also: Disgraced Kobach and Watkins lose in KS; Disgraced Arpaio in the running in AZ; GOP Guv restores voting rights to former felons in IA...
By Brad Friedman on 8/5/2020 6:41pm PT  

On today's BradCast: It was a big day for progressives on Tuesday in a number of state primaries held in Missouri, Michigan, Arizona, Washington state and Kansas. [Audio link to show is posted below summary.]

Surprisingly, among the biggest victories for progressives, believe it or not, came in the otherwise "red" state of Missouri, where voters adopted a statewide ballot measure to finally expand Medicaid under the Affordable Care Act (Obamacare) to more than 200,000 residents. The state's GOP-majority legislature had immorally blocked that expansion of health care to the Show-Me state's neediest residents for the past decade. MO now becomes the 6th GOP-controlled state to expand Medicaid via voter referendum.

But that was hardly the only big win for progressives in my old home state on Tuesday, as longtime progressive Ferguson and Black Lives Matter activist Cori Bush defeated 10-term U.S. Congressman William Lacy Clay for the Democratic nomination. Clay, with his father before him, had controlled the state's 1st Congressional District seat since 1969! With her apparent win on Tuesday in a very Democratic district that reaches from the City of St. Louis out through the sprawling St. Louis County, Bush --- a single mother of two children --- is now all but certain to become the first African-American woman sent to the U.S. House from Missouri.

We're joined today by HOWIE KLEIN, founder of the longtime progressive blog "Down with Tyranny!" and co-founder of the BlueAmericaPAC, which raises money to support progressive Democratic candidates for Congress. Klein walks us through both wins and losses for progressives from all five states on Tuesday, and what they are likely to mean going forward, with still more statewide primaries to go in the weeks ahead of our critical general elections on November 3rd.

He explains, among many other things, why Bush, who lost to Clay (who Klein describes as "corrupt") by 20 points in 2018, appears to have been victorious on Tuesday, when the Medicaid expansion measure also won. "The reason that this won was because of a huge turnout in St. Louis County and St. Louis City," he tells me. "One of the reasons why that turnout was so big was because of Cori Bush being on the ballot. Now, you could also say that one of the reasons that she won was because the turnout for expanding Medicaid was so big. Both are true. By her putting up such a vigorous campaign, campaigning on expanding health care, that's where the votes came from."

"That it was her second time running and she had the name recognition," was also a major factor, he says. "I can't emphasize that enough. It's very, very tough --- not impossible --- but very tough to win a primary the first time you go up against an entrenched incumbent. Because Cori was strong, a powerful woman who wasn't going to give up after being defeated by a lot the first time, she already had name recognition. She was able to build on that to win the second time. I think that's the most important aspect of her winning." He adds that he believes she'll become the fifth member of "The Squad" in Congress, along with NY's Rep. Alexandria Ocasio-Cortez, MN's Rep. Ilhan Omar, MA's Rep. Ayanna Pressley and MI's Rep. Rashida Tlaib, who also appears to have easily won her re-nomination on Tuesday. "She's going to get to Congress," says Klein. "She's gonna kick ass."

We also discuss much more today, including what the predictable loss of disgraced former Kansas Secretary of State and GOP "voter fraud" fraudster Kris Kobach in that state's GOP U.S. Senate Primary means to Democrats hopes of retaking the majority in the upper chamber next year and how the Republican and Democratic party's are each changing amid the Trump Era.

Also today, 88-year old disgraced GOP felon and former Maricopa County, AZ Sheriff Joe Arpaio may still be in the running for his old job, even after being convicted of contempt of court and corruptly pardoned by Donald Trump; Indicted GOP Congressman Steve Watkins of Kansas, who was recently charged with three felony counts related to voter fraud (almost the exact same crimes Trump committed himself in Florida), loses his Republican primary in the state; and Iowa's Republican Gov. Kim Reynolds does the right thing for a change in signing an Executive Order to end the permanent loss of voting rights for (most) former felons in the Hawkeye State, after the Republican-controlled state Senate blocked a more permanent state Constitutional measure and as other states seek to further expand the franchise for felons both in and out of prison around the country.

Finally, it was announced today that Joe Biden would not be traveling to Milwaukee to give his party's nomination acceptance speech, due to the COVID crisis, at the their virtual convention, and Trump announced he was considering giving his own acceptance speech (unlawfully?) from the White House...

Download MP3 or listen to complete show online below...

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Guest: Maya Worman of Univ. of Chicago Harris Cyber Policy Initiative; Also: Trump facing big trouble in NY; Callers ring in on the VEEPStakes...
By Brad Friedman on 8/3/2020 6:43pm PT  

On today's BradCast: Elections are under threat once again this year, and not just from the President of the United States. But one group of cybersecurity experts launched a new initiative on Friday to try and help --- and not a moment too soon. [Audio link to full show is posted below.]

First up, what suffices for some good news today: The Manhattan District Attorney seeking 8 years of Donald Trump's tax records and those from the Trump Organization suggested in a court filing today that his investigation requires those documents since he is examining "extensive and protracted criminal conduct at the Trump Organization...dating back over a decade." Until today, the office of Manhattan District Attorney District Attorney Cyrus R. Vance, Jr. had indicated only that he was probing the hush-money payments made to porn star Stormy Daniels and Playboy model Karen McDougal before the 2016 election. Those payments were meant to keep them quiet about affairs with Donald Trump.

Trump's former attorney Michael Cohen is serving a three year sentence for his part in that criminal campaign finance conspiracy which both he and federal prosecutors say was "directed" by Trump himself. But today's court filing makes clear that Vance's probe goes far beyond that. Last month, the U.S. Supreme Court said that subpoenas of Trump's financial services institution by the Grand Jury impaneled by Vance were permissible, though they sent the case back to a lower court for one more review, delaying any potential state prosecution of Trump or his associates likely until after the election. Now we have some confirmation that Vance's state investigation (which is immune to Presidential pardon power) appears much broader than previously publicly known.

In other accountability news, a 17-year old from Tampa, Florida was arrested on Friday, accused of being the mastermind behind a scheme last month that commandeered the Twitter accounts of Barack Obama, Joe Biden, Bill Gates, Elon Musk and other high-profile politicians, CEOs and pop stars. The conspiracy --- two others were also arrested, including a 19-year old from the UK and a 22-year old from Orlando --- was an attempt to scam more than $100,000 in Bitcoin out of gullible people who followed the Twitter accounts of those celebrities, which were taken over by the alleged perpetrators.

As we've observed before, if multi-billion dollar social media companies such as Twitter, which spends huge sums of money on cybersecurity, can't keep their systems safe from hacks like this, what chance does Mr. and Mrs. Local County Election Clerk have in protecting their computer voter registration databases, electronic pollbooks, computerized voting systems and computer tabulators this November? That effort is made all the more impossible this year thanks to the expansion of Vote-by-Mail in response to the COVID-19 pandemic, and the refusal of Republicans in Congress to appropriate the $4 billion that election officials across the country have been seeking for months in hopes of expanding election systems and protecting it from cyber-intrusion and other related failures this year. The federal government --- via the U.S. Dept. of Homeland Security (DHS) and the Elections Assistance Commission (EAC) --- offers extremely limited support for the nation's 13,000 independent voting jurisdictions.

But with just over 90 days until Election Day now, a new initiative is being launched out of the University of Chicago Harris Cyber Policy Initiative called the Election Cyber Surge. The initiative, according to its Executive Director MAYA WORMAN, who joins us on the show today, is to bring volunteer cybersecurity and voting systems experts together with local elections officials to help them with whatever cyber-related problems or concerns they may be facing before the election. The hope, she explains, is to help prevent cyberintrusions and ransomware attacks and the like before they happen.

"The need is clear," she tells me. "I think it's increasingly more obvious to those who aren't following this closely, who aren't following this beat. That, in itself, is a strong indicator that we are needed. ... It's not just voter rolls. It's not just the output of the machines, but all of the things in between, including maps of where all of your polling place might be, the hours that they're open, what the deadlines are to register, the information you need once you get there --- all of this stuff can be tweaked just slightly. That could affect the major portion of the voters in any given jurisdiction."

Given the enormous complexity of today's voting and counting systems --- not to mention often-interconnected voter registration systems and electronic pollbooks --- the free help offered by Cyber Surge is likely to be invaluable to thousands of local jurisdictions who may have limited, if any, IT support and a lack of access to cybsersecurity experts. Though we are now just three months out from this year's critical Presidential election (mail-in ballots will go out and early voting will begin in as few as 45 days in some places), Worman says she is confident that the new initiative --- born out of DefCon's "Voting Village", a hacking conference where white-hat hackers have been successfully trying their luck on various voting systems since 2017 --- will prove helpful to myriad election officials who, too often, rely only on private voting systems vendors for support.

"More than 50% of all election officials rely on at least 6 different vendors," Worman observes. "I think there's obviously an expectation that the people with whom they are doing business will not lead them astray, and maybe they won't. But when you have so many different, overlapping tools and systems and a network, and it's all being fed by an antiquated database that is protected who knows how, that is where vulnerabilities from having multiple vendors comes in."

Worman, and (hopefully) cavalry of experts aim to help. And quickly. The effort will be more necessary than ever this year given the necessary changes being made to voting during the pandemic and, thanks to Republican intransigence in Congress, a lack of financial resources to pay for it. "The days of making sure that the room where the ballots are kept is locked --- we're far beyond that now. So a reality check that is gentle, but based in reality, is critical," she warns, adding: "Without sounding too trite, I think staying positive is key here. I think it is very clear that there are more people who want our elections to work than who don't want them to work. And that's important to remember."

Finally, on a somewhat lighter note today, we open up the phone lines to listeners for their thoughts on a) who they would like to see presumptive Democratic Presidential nominee Joe Biden choose as his Vice-Presidential candidate and b) who those same listeners fear he will actually name. Some of the responses from callers may surprise you!...

Download MP3 or listen to complete show online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: David Dayen on Wednesday's 'incredible' anti-trust hearing in the House and new book 'Monopolized: Life in the Age of Corporate Power'; Also: Herman Cain dies of COVID; Trump tries to distract from newly disastrous economic numbers; Rep. Lewis laid to rest...
By Brad Friedman on 7/30/2020 7:01pm PT  

The day began with a middle of the night earthquake here in Los Angeles. It was the least turbulent part of the day. We open with some grim news on today's BradCast before moving on to some shockingly encouraging news out of....wait for it....Congress of all places! [Audio link to full show is posted at end of summary.]

First up today, former Republican Presidential candidate Herman Cain succumbed to the coronavirus. As co-chair of Black Voices for Trump, the 74-year old Cain attended Donald Trump's controversial mask-free rally in Tulsa on June 20. By July 2nd he was hospitalized with COVID-19 and now dead a month later. He wasn't the only high profile Republican to pass away from the coronavirus today. Bill Montgomery also died. He was the 80-year old co-founder of the rightwing "student group" (yes, a GOP student group founded by an 80-year old!) called Turning Point USA. The organization hosted Trump's second, similarly mask-free rally after Tulsa in Phoenix. Despite claims by both Cain and Montgomery's group that hydroxychloroquine was "100% effective" in treating coronavirus, turns out, as the FDA has emphasized, it isn't.

Civil rights icon Rep. John Lewis was finally laid to rest on Thursday in Atlanta, where he was eulogized by three former Presidents. Trump did not attend after also failing to pay his respects while Lewis lay in state at the U.S. Capitol earlier this week. President Obama, however, offered stirring remarks in memoriam, calling for the expansion of voting rights which Lewis spent a lifetime --- and no small amount of blood --- fighting for.

The former President's remarks came shortly after our current President feebly suggested on Twitter that the November election should be delayed "until people can properly, securely and safely vote," charging that "2020 will be the most INACCURATE & FRAUDULENT Election in history" due to the use of mail-in ballots needed to counteract the dangers of in-person voting during the pandemic that Trump utterly failed to control. That controversial call for delaying the election --- immediately and universally rejected by Republicans and Democrats alike --- was largely to a) further propagandize Trump's supporters into believing the November election results will be illegitimate and, more immediately, b) distract from the horrific economy news released by the federal government just minutes before Trump's tweet.

The news he was hoping to distract from: The U.S. economy plunged a staggering, unprecedented, annualized 32.9% in the second quarter of this year. By way of comparison, it took three years before the economy fell 30% during the Great Depression. This has happened in months, as another 1.4 million workers filed for new unemployment claims last week. It was the 19th week in a row of record-shattering 1 million plus applicants, leaving some 30 million Americans now jobless, as Republicans in Congress have failed to extend the expanded unemployment payments from he CARES Act. Those benefits have expired as of this week, and neither Congressional Republicans nor the White House appear to have an acceptable plan to replace them. House Democrats passed their own $3 trillion HEROES Act several months ago to continue those payments and much more critical relief to workers, states and cities, hospitals, homeowners, the U.S. Post Office and many others through the end of the year. Republicans appear to be in stultifying disarray.

But there is some good news today and, believe it or not, it comes out of Congress! The U.S. House Antitrust Subcommittee on Wednesday held a five-hour hearing on Big Tech monopolies, featuring the CEOs of Amazon (Jeff Bezos), Apple (Tim Cook), Google (Sundar Pichai) and Facebook (Mark Zuckerberg) as witnesses. All of them were grilled by Democrats and, yes, even Republicans alike for years of runaway, anti-competitive business practices. Progressive Matt Stoller's coverage of the hearing at The Guardian was headlined "Congress forced Silicon Valley to answer for its misdeeds. It was a glorious sight." Our guest today, DAVID DAYEN, author, investigative financial journalist and Executive Editor of the progressive American Prospect, filed a piece with the exhuberant hed: "The Triumphant Return of Congress," following up his 175-tweet live thread from his Wednesday coverage.

Dayen tells me today that it was "probably the most consequential hearing on corporate power in decades," where one CEO after another was called on the carpet to answer for years of crushing, anti-competitive practices in their sectors. He reports that the "members of that subcommittee," headed up by Democratic Chair David Cicilline of Rhode Island, "knew exactly what they wanted to talk about. They knew who they wanted to target. This is the culmination of a year-long investigation and these members had an incredible amount of knowledge about the harms that these four large corporations have been causing through the exertion of their power."

"They really extracted confessions from Bezos and Zuckerberg and others about the practices they engage in which really are illegal," he says. The hearing couldn't have been better timed for Dayen, coming just a week or so after the publication of his new book Monoplized: Life in the Age of Corporate Power documenting the breathtaking reach of unchecked corporate mergers and consolidation over the past four decades. He explains on today's show, as he does in the book, how century old anti-trust laws were turned on their head during the Reagan Administration, when a theory promoting the idea that monopolies are actually good for consumers was advanced by one Robert Bork. The theory would eventually prove untrue by its own standards. It was not good for consumers and, Dayen describes, failed to take into account the damage that anti-competitive practices actually wrought on small business, employees and the supply chain itself --- leading directly to some of the dangerous consequences and ridiculous shortages we've seen during the COVID crisis in everything from toilet paper to critical medical supplies and personal protective equipment.

"This hearing was a complete indictment of the Federal Trade Commission and the anti-trust division of the Justice Department, who had access to all this information that the subcommittee had. They had all of these documents. They had all of the ability to conduct an investigation. In fact, it's their job to do so," Dayen observes. "They did not do that, and waved through merger after merger after merger, and the people who had that authority, under Democratic administrations and Republican administrations, who were responsible for this failure should not be listened to again, and they should not hold power again."

Dayen is hopeful that Wednesday's hearing may actually spur action --- grant permission, if you will --- to the FTC and DOJ to start upholding those unenforced anti-trust and anti-monopoly laws and regulations that remain on the books. "The only way that gets done is that the momentum from this hearing is built, where a popular movement to understand and work against the power of monopolies is what is going to carry us forward. It has in the past. That's how we got these laws in the first place, because people demanded the political system respond, and it's how we're going to get them now."

I should note here that I make a personal cameo appearance in Dayen's new book (beginning on page 85, if you must know) discussing my own personal experience with the anti-competitive monopoly practices in the media industry, and how the unchecked "sale" of our public airwaves to a handful of mega-media corporations has led directly to all of the various disasters --- political, economic, societal and, yes, medical --- that are now rending apart our very republic.

Dayen, whose indispensable daily "Unsanitized" column at The American Prospect chronicles the continuing eroding state of our national battle with the global coronavirus pandemic and its ever-worsening toll on our economy, closes by bringing us up to date on the disastrous Republican effort to craft a new emergency relief bill in Congress, as expanded unemployment benefits expire and the U.S. Postal Service faces implosion just months away from the largest vote-by-mail election in the nation's history...

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The dark money conspiracy behind the anti-mask, pro-hydroxychloriquine movement; The conspiracy of white supremacist provocateurs behind BLM 'riots'; Also: COVID conspiracist Rep. Gohmert has COVID...
By Brad Friedman on 7/29/2020 7:28pm PT  

On today's BradCast (after a quick correction, thanks to @RadioDoogie on The Twitters, about a point covered on yesterday's show): Conspiracy theorists are too often disregarded. Especially with so many actual conspiracies behind so many of the disasters we're now facing in the U.S. [Audio link to show is posted below summary.]

Sure, some should be disregarded. One example is rightwing wingnut Rep. Louie Gohmert of Texas, who seemed to think that the coronavirus was some sort of conspiracy spun up by Democrats or the Chinese (or someone) to take down Donald Trump and the Republicans. A missive from one of his aide's suggests he berated staff members who wore masks after he demanded they show up at his office each day in the middle of our worsening pandemic to "be an example to America on how to open up safely."

COVID isn't a conspiracy. And now Gohmert is infected with it. We wish him and, most importantly, his family and staff well. He's just one of far too many who could now be facing serious consequences because he either fell for the phony conspiracy claims or knew better but didn't care. Here's just another heartbreaking example of someone else who fell for the hoax that Gohmert was helping to spread that coronavirus was a hoax.

But, there is indeed a conspiracy behind the claims that COVID is a hoax. We saw that well-funded conspiracy playing out in real time this week, as the dark money-supported "Tea Party Patriots" spun off to another phony astroturf organization calling itself "America's Frontline Doctors". They're the ones who put on that Breitbart live-streamed show in D.C. this week --- with quack "doctors" declaring hydroxychloroquine is a "cure" for COVID and that you shouldn't wear a mask --- which both Donald Trump and Donald Trump Jr. (and millions of others) retweeted in tandem earlier this week. The pair of Stable Geniuses were temporarily suspended (Jr.) by the social media platform for sharing what Twitter and Facebook and YouTube describe as "false information about cures and treatments for COVID-19" or saw the retweets deleted entirely (Sr.) But, yes, there is a very real --- and well-funded --- conspiracy of desperate wingnuts hoping to save the 2020 election for Trump who are behind the deadly nonsense that has hoaxed so many and killed at least 150,000 Americans to date.

Meanwhile, in Minneapolis, police have now identified the infamous "Umbrella Man". Remember the white man clad from head to toe in black, with a gas-mask and umbrella, using a hammer to casually smash the windows at an AutoZone store to help kick off riots and looting after two days of otherwise peaceful protests following the police killing of George Floyd?

Turns out the man, now identified by the Minneapolis Police Department as Mitchell Wesley Carlson, is allegedly a member of the Hell's Angels-affiliated Aryan Cowboy Brotherhood, a white supremacist group who "wanted to sow discord and racial unrest by breaking out the windows and writing" "free shit for everyone zone" on the doors of the store, according to the MPD. (He has also been tied to the Aryan Cowboys harassment of a Muslim woman and her four-year old child in a neighboring city of Stillwater.)

The conspiracy to spark riots blamed on "leftist anarchists" worked, and was undoubtedly part of a larger effort identified by leaked memos from federal authorities tracking "white racially motivated violent extremists" who reportedly discussed inciting riots while posing as "members" of the loosely affiliated group of anti-fascists who call themselves Antifa. So, the "conspiracy theory" pushed by Trump and Attorney General Bill Barr and other Fox "News"-fueled Republicans that Black Lives Matter, Antifa and unidentified "leftist anarchists" are somehow behind riots and looting at mostly peaceful protests around the country has little evidence to support it. But the theory that a conspiracy of white supremacist provocateurs is hoping to spark a race war --- evidence of which is conveniently ignored by Trump, Barr and all the rest --- appears to be, so far, right on the money.

Finally today, at the end of another harrowing hour, it's the great Randy Rainbow to save us all with another much-needed --- and hilarious --- musical happy ending...

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Guest: Constitutional attorney Thomas Wolf of Brennan Center's Democracy Program; Also: America STRONGLY against Trump school reopening plan during COVID surge; And, Kris Kobach for Senate!
By Brad Friedman on 7/22/2020 7:00pm PT  

On today's BradCast: the COVID crisis continues to get worse, Americans wise up on reopening schools, potential hope for Kansas, and Donald Trump becomes a laughing stock. Again. [Audio link to full show is posted below summary.]

Last week, during his rambling, wildly political Rose Garden "press conference" (it was really a political rally), Trump promised that over the next eight weeks, we would be seeing "things that nobody has even contemplated, thought about, thought possible," and that "nobody's ever going to see eight weeks like we're going to have." While, I think it was meant as a rallying cry for a bunch of initiatives he plans to pretend to invoke during desperate days in advance of the November election, it sure sounded like a threat to me. Either way, we suspect he's right about what we will see. He suggested he would be "taking on immigration, taking on education" and that it all would start "some time on Tuesday."

On Tuesday, Trump unveiled something that had to do with immigration, which we discuss with our guest today (see below). As to "taking on education", that part remains somewhat less clear. But if it has to do with insisting that school kids go back to in-person classes next month in the middle of a deadly and worsening pandemic, the American people are decidedly not with him on that one. A new poll out today from AP/NORC finds that just 8% of Americans believe K-12 schools should reopen this Fall for normal, in-person instruction. Nonetheless, Trump is still threatening to take away federal money for special ed to those schools who do not obey his command.

That command is still in place --- and being ignored by most of the nation's largest school districts --- as more than 1,000 Americans died from COVID-related illnesses on Tuesday alone. It was the first time since May that that has happened, as mountains of evidence --- including 59,000 hospitalizations on Tuesday --- underscore, yet again, that the U.S. is headed in decidedly the wrong direction in dealing with the crisis. These will be a very difficult eight weeks indeed. There are fifteen weeks until the November 3rd Presidential election.

And, speaking of elections, state primaries are still ongoing, with statewide contests in Arizona, Kansas, Michigan, Missouri and Washingtonstate coming up on August 4th. We take some time to focus on Kansas today, where notoriously failed GOP "voter fraud" fraudster and the state's former Sec. of State Kris Kobach is running for the Republican nomination for U.S. Senate, in hopes of filling the seat being vacated by Republican Sen. Pat Roberts. It has been an embarrassing few days for Kobach, after his friend Rep. Steve Watkins was indicted last week on 3 felony counts and 1 misdemeanor charge related to voter fraud. As we reported last week, Watkins was charged for doing precisely what Donald Trump did. He unlawfully registered to vote at an address where he did not live, and then he unlawfully voted in an election using that unlawful address. Watkins has been indicted in Kansas. Trump is still a Florida voter fraud criminal at large at this hour.

Kobach, who built his entire two-term career as Sec. of State by promising to stamp out rampant "voter fraud" in Kansas by Democrats and non-citizens, was able to bring only 15 prosecutions during his eight years in office, obtaining convictions on fewer than 10 of them, with nobody receiving any jail time. Virtually all of the convictions were against people who voted twice in two separate states, because they owned homes in both, with many not realizing that was against the law. Nonetheless, Kobach prosecuted people who did the same thing that Watkins (and Trump) did. But, when asked by the Kansas City Star for comment after Watkins' indictment, Kobach offered a bizarre reason why he disagreed with the charges.

All of which helps underscore the fact that the fraud Kobach --- after losing to a Democrat during his 2018 run for Governor in Kansas --- is now hoping to secure the GOP nomination for the Senate. He is running in a field of 11 candidates seeking the honor and we completely endorse him! So, apparently, does his presumptive Democratic challenger, Barbara Bollier, who, in the second quarter of this year, according to AP, "raised almost $1.3 million more than the top-tier Republican primary candidates combined."

Could a Democrat actually flip the Kansas Senate seat from "red" to "blue" this year for the first time since 1932? Bollier was a moderate Republican until she became so embarrassed by Trump and her own party that she became a Democrat at the end of 2018. We'll will find out in about 15 weeks. But a Kobach win in the August 4th primary would certainly help, as Kobach is far "too conservative" for Kansas.

Finally, back to Trump's promise to "take on immigration" on Tuesday, when he unveiled an Executive Memorandum (not an Executive Order, but a memo...not sure if he knows the difference), declaring it to be the position of the United States that immigrants in this country should not be counted when determining the next Congressional apportionment that is to occur after the completion of the 2020 Census. That, despite the very plain language of the 14th Amendment which reads: "Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state".

We're joined today by Constitutional law expert THOMAS WOLF of Brennan Center's Democracy Program, where he specializes in the Census, redistricting, and immigrant rights. He tells me, quite bluntly, that "the memorandum [issued by Trump] is not worth the paper its printed on. The Constitution's plain text is very clear: every person counts. 'Persons' means persons and 'persons' means everyone. That means that everyone is to be counted."

Even Bill Barr, when he was Attorney General the first time, back in 1989, agreed!

"The memorandum that President Trump issued yesterday," Wolf continues, "assumes that President Trump has the power to decide who counts and who doesn't. Unfortunately for him, but fortunately for the rest of the country, the Constitution has already made that decision for him, and the Constitution decided that all people count."

In case he was unclear about that, Wolf adds later: "From the top, there is no legitimacy to this order." But, if so, what was the point of Trump issuing the memo that obviously tries to reverse the 14th Amendment adopted during Reconstruction to do away with the Constitution's previous clause declaring that some people in America --- slaves --- were to be counted by the Constitutionally-mandated decennial Census as three-fifths of a person? Wolf offers insight and answers to that question, as well as how to help counter Trump's plan which, as he notes, "is so patently unconstitutional, it's astonishing."

(Hint: One of the ways to counter it, argues Wolf, is to "Get counted! That's how we push back against this." If your household has yet to do so, please go and fill out a Census form today at 2020Census.gov!)

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GOP lawmaker, 4 co-conspirators face racketeering charges for billion dollar nuke plant bailout conspiracy; Also: 31 states smash COVID records; MO Guv okay with school kids getting infected...
By Brad Friedman on 7/21/2020 7:19pm PT  

On today's BradCast: Five arrests and a massive, $61 million criminal bribery scheme allegedly headed up by Ohio's Republican House Speaker in cahoots with GOP lobbyists and dirty energy company payouts help explain, yet again, why we can't have nice things. That's especially true for residents of the Buckeye State who keep electing Republican officials who play them for chumps, take all their money, and make them sick in the bargain. It's also true for Floridians, Georgians, Texans and now Missourians, but we'll get there as well today. [Audio link to show follows below.]

"We're here today to announce the arrest of Larry Householder, the speaker of the House of the state of Ohio and four other defendants for racketeering in relation to what is likely the largest bribery, money laundering scheme every perpetrated against the people of the state of Ohio," announced U.S. Attorney David DeVillers during a news conference in Columbus on Tuesday afternoon. "The conspiracy was to pass and maintain a $1.5 billion bailout in return for $61 million in dark money that was used for various things. One: to line the pockets of defendants. Two: to build a power base for Larry Householder. And three: to further the conspiracy. That is to further the affairs of this Enterprise."

The explosive story is rocking Ohio today, though many should have seen it coming. A year ago, in July of 2019, Vox's longtime energy and climate reporter David Roberts wrote a must-read deep-dive article on the passage of House Bill 6 (HB 6) --- the legislation at the center of this massive con --- describing it at the time as "the most counterproductive and corrupt piece of state energy legislation I can recall in all my time covering this stuff."

The measure forced Ohio's ratepayers to subsidize bailouts of two supposedly failing nuclear plants (the Davis-Besse plant near Oak Harbor and the Perry plant east of Cleveland) owned by FirstEnergy and two failing coal plants owned by the Ohio Valley Electric Corporation (a collective owned by several large utilities), while wiping out previously successful state incentives for renewable energy and efficiency projects that saved the state's ratepayers both money and lives.

"Despite a tsunami of dark money supporting the bill," Roberts reported last year, "HB 6 was overwhelmingly opposed by ratepayer groups, business groups, free market conservative groups, environmental groups, and Ohioans generally. Its only support came from its only beneficiaries: the utilities that own the bailed-out plants, the employees of the bailed-out plants, the communities where the bailed-out plants are located, and possibly President Trump, who doesn't want to see coal plants closing during his reelection campaign."

Well, apparently there were a few more "beneficiaries": Ohio's House Speaker Householder and his political allies inside and out of the state legislature. That "tsunami of dark money", as it turns out, was used to blanket the airwaves with propaganda in support of HB 6 --- describing it misleadingly as a fight for jobs and "clean energy" in a battle between "Big Oil and Ohio" --- by a group calling itself Generation Now. That dark money group, as it turns out, was run by Householder himself with "bags of cash" from the nuke plants' supposedly bankrupt owners, FirstEnergy of Ohio. According to today's criminal complaint [PDF], his "Enterprise" used a series of unregulated passthroughs to move millions and "freely spent the bribe payments to further the Enterprise's political interests and to enrich themselves" with "unlimited" funds that came in to Generation Now from FirstEnergy in payments described by one of the defendants as "Monopoly money."

Despite the wildly unpopular HB 6's narrow passage in the state legislature, Republican Gov. Mike DeWine signed it quickly after passage. He was not indicted today, though he did cancel a scheduled COVID-19 press conference after the announcement, before calling for Householder's resignation.

It's an incredibly sordid story which we report in detail today. It's also one that should remind everyone exactly what they can expect when they put corrupt politicians like this in power who did the bidding of major corporate interests, rather than the public's.

In not entirely unrelated news today, Couy Griffin, the idiot who heads up a group called "Cowboys for Trump", is calling for Americans to take their masks off because they --- as opposed to the coronavirus --- are making everybody sick. And while we'd love to ignore Griffin and the "Cowboys," it turns out he's also an elected Republican official in New Mexico and the same jerk who posted a video back in May which began by announcing that "the only good Democrat is a dead Democrat." And while we'd love to ignore that as well, that video was then retweeted by the President of the United States that month, along with the message "Thank you Cowboys. See you in New Mexico!"

Idiot elected "cowboys" and Presidents of the United States may be one thing we've come to expect by now. But with the coronavirus smashing records in at least 31 states, we'd hoped we'd get better from the Governors who have been left to handle the pandemic after Trump decided he had better things to do, despite some 4 million infected Americans and 144,000 U.S. deaths now from COVID-19 over the past six months.

But our hopes have been dashed. By Florida's very Trumpy Governor Ron DeSantis who's made a jackass of himself over the past month as cases, hospitalizations and deaths skyrocket in his state --- now overwhelming hospitals with at least 50 having run out of ICU beds --- while ordering kids back to in-person classes next month; By Georgia's Trumpy Governor Brian Kemp, who is suing cities in the state for instituting mask mandates as the Peach State also breaks single-day case records and death records; By Texas' Trump-loving Governor Greg Abbot, who wonders where he went wrong in reopening up the state so early, now that hospitals in Houston, Dallas, San Antonio and elsewhere are overwhelmed and calling in refrigrator trucks to serve as overflow morgues to hold all of the extra dead bodies.

But now we now have Missouri's woeful Governor Mike Parson declaring he's just fine with kids in his state becoming infected in the classroom. "These kids have got to get back to school," Parson told a local radio station recently. "They're at the lowest risk possible. And if they do get COVID-19, which they will --- and they will when they go to school --- they're not going to the hospitals. They're not going to have to sit in doctor's offices. They're going to go home and they're going to get over it."

Whether Parson, who replaced the state's previous Republican Governor after he resigned in a sexual coercion, abuse and blackmail scandal, realizes that those kids go home to parents and grandparents who they will infect in turn (not to mention all of the teachers and staff at those schools) is unclear. Hopefully Missourians, however, understand it by now, and will consider replacing Parson this November with state Auditor Nicole Galloway, the Democratic candidate for Governor. Maybe then the good folks of Missouri can begin to have nice things again.

Finally, Desi Doyen joins us for our latest Green News Report, with a few too many disasters than we can possibly detail at the end of a summary like this one...

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Guest: Ray Lutz of Citizens' Oversight; Also: Rest in Power, John Lewis...
By Brad Friedman on 7/20/2020 6:54pm PT  

We kick off today's BradCast on a somber, if hopefully inspiring note, on the passing of civil rights icon Rep. John Lewis who died on Friday after a battle with cancer. His decades-long fight for voting rights --- and the call to cause "good trouble, necessary trouble" --- has been an inspiration to this show and our work at BradBlog.com for many years. The best tribute we can offer to Rep. Lewis, of course, is to continue his fight as best we can. And so we do once again today. [Audio link to full show follows below.]

More than 100k absentee/Vote-by-Mail (VBM) ballots were rejected by election officials in the state of California after its March 3rd Super Tuesday primary, according to a new AP analysis. Many of the rejections were due to voter error, though not all. Some were also due perceived mismatched or missing signatures and a to a too-short statutory deadline (3 days) for VBM ballots to arrive after Election Day. The state has now increased that time to 17 days for ballots postmarked by Election Day to be included in the final tally.

But, of course, various problems with VBM is why in-person polling places remain very necessary in CA and all states this year, even with expanded mail-in voting during the COVID crisis. That is true even in the Golden State, which will be sending VBM ballots directly to all active registered voters this year because of the pandemic. Here in Los Angeles County, however --- the nation's most populous voting jurisdiction --- the Registrar-Recorder/County Clerk Dean Logan has said that, for in-person voting, he will stick with the County's new, horribly failed $300 million unverifiable touchscreen voting and electronic pollbook system this November, despite the disasters that resulted in 3, 4, and 5 hour lines to vote and an untold number of disenfranchised voters during the system's first county-wide use on March 3rd.

I discussed the decision by Logan to use L.A. voters, once again, as guinea pig beta testers this November, during the most critical election of our lifetimes, in a segment late last month on CBS2-LA News with investigative reporter David Goldstein. Incredibly, CA's Democratic Sec. of State Alex Padilla and the L.A. County Board of Supervisors have all apparently agreed to allow the failed system --- called "Voting Solutions For All People" or VSAP --- another try on November 3rd. What could possibly go wrong?

An L.A. County Civil Grand Jury --- which has also been investigating the VSAP failure --- thinks a lot could go wrong. The group's report on the VSAP failures [PDF] by both Logan and Padilla, entitled "Maybe I Voted?", demands answers from Registrar Logan as well as the state. Goldstein, who has been closely following the VSAP mess since a few weeks before the March 3rd election, followed up by covering the "scathing" L.A. Grand Jury report and called me once again to appear in that follow-up report on CBS2-LA as well.

Meanwhile, a group of Election Integrity advocates in the state sent an open letter [PDF] late last week to Gov. Gavin Newsom (and Sec. of State Padilla), seeking an Executive Order for important improvements to the state's 1% post-election audit process. We're joined today by RAY LUTZ, longtime Election Integrity advocate and the founder and Executive Director of CitizensOversight.org. His organization won a ruling in a lawsuit several years ago that would have required all Vote-by-Mail ballots to be included as part of the pool from which the random sample of ballots are drawn when determining which of them will be hand-counted after an election to assure the accuracy of the state's computerized optical-scan ballot tabulators.

When Lutz filed suit in San Diego after the 2016 election, that County's Registrar, Michael Vu, was drawing only from votes cast at the precinct or absentee ballots that were counted early for inclusion in the 1% post-election spot check. As the groups notes in their press release [PDF] announcing the letter to Newsom, that resulted in some 285,000 ballots that were automatically excluded from the mandatory "audit" in 2016. Lutz' win in the courts, however, was short-lived after Padilla (with support from L.A. County's Logan) lobbied the CA state legislator to specifically allow Registrar's to ignore late mail-in ballots all together during post-election audits. Leaving those ballots out of the audit, Lutz argues, means that nefarious actors "can just move ballots --- ten thousand, twenty thousand at a time --- from one candidate to another and no one would be the wiser because they wouldn't have that check." That, he says, is a virtual roadmap for election theft.

His group's letter asks the Governor to declare that all ballots should be included in the potential audit sample pool in this November's elections, particularly now that some 90% of votes are likely to be cast as mail-in ballots for the first time this year, due to the Governor's previous Executive Order to send VBM ballots to all this year.

Moreover, Lutz echoes frequent BradCast guest Marilyn Marks of the Coalition for Good Governance (which is suing Georgia to force hand-marked paper ballots for all) in her important tweeted concerns last night observing that both major political parties are utterly failing to ensure proper public oversight of absentee ballot handling and tabulation. Marks complained that Elections officials across the country (and definitely in Georgia!) are "working overtime to block transparency, block access, block observation, work[ing] behind closed doors, etc. This, of course, plays into Trump's hands in that if he wants to claim 'rigging,' the Dems will have little evidence documented to rebut the claim."

Lutz agrees with her thinking. California is "not a battleground state," he says, "but remember, the popular vote is always a big issue in the Presidential election. And as you remember last time, Trump made a big deal about 'illegal voter fraud' and all these 'million illegals are voting'. So we have to have our act together for this election to defend against those claims. If we do what we're doing now, we're going to have up to six million ballots that are completely unaudited and can be flipped. Six million votes is a lot. So we need to have this change."

The issue, he goes on to explain, is not only important in California. "Any state that expands their vote-by-mail or absentee voting right now probably is not auditing those ballots." Lutz points listeners to the letter to Newsom, suggesting others push for similar improvements to post-election audits in other states as well, given that, as bad as CA's processes are, they are still better than many states where no computer-tallied votes are ever examined by any human beings at all before election results are certified. "We can't rely upon the election officials, or really anyone, to do this job for us," he argues. "The public has to do its own oversight of its elections. No one can be trusted. We have to do it ourselves. This is where we really call on the citizenry to stand up and really take a look at this. Because the most important thing we can do is to make sure these elections are sound."

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Guest: Constitutional attorney Ben Clements of Free Speech for People; Also: New COVID records; Woolery deletes his Twitter account; RBG battling cancer again; Bowman declared 'winner' in NY...
By Brad Friedman on 7/17/2020 7:11pm PT  

It ain't over 'til it's over. And several well-respected Constitutional attorneys have just filed a motion arguing the Roger Stone case is not over at all. Not yet anyway. One of those attorneys joins us on today's BradCast to explain. [Audio link to show is posted below.]

But first, some other news of note today. It's becoming a broken record, but the U.S. broke yet another record for new, daily COVID-19 cases on Thursday. It's the 11th such record smashed in the first 16 days of July. With more than 75,600 confirmed new cases reported on Thursday alone, the U.S. is now quickly rushing toward the 100,000 cases per day that Dr. Anthony Fauci shocked the nation a week or so ago by predicting was likely coming soon.

Of course, why should anybody believe the nation's top infectious disease expert Fauci on these things? Former game show host turned rightwing genius Chuck Woolery certainly doesn't! Or didn't. Maybe he does now. Woolery unleashed an unhinged Twitter rant on Sunday calling news about COVID-19 "outrageous lies", and warning us that "The CDC, Media, Democrats, our Doctors" are "lying" about it all. The President of the United State retweet that screed to much notice on the same day. The very next day, however, on Monday, Woolery tweeted again. This time "To further clarify and add perspective." What was his added perspective? His son had been diagnosed with COVID-19. That led the former "Love Connection" host to concede that the virus "is real and it is here." He deleted his entire Twitter account soon thereafter.

Yes. It's real and here, no matter how much Trump and his duped followers hope to pretend it away. And Woolery is just the latest wingnut to be hoisted on his own idiotic social media rantings suggesting the coronavirus is little more than hoax by the media and by Democrats to help them win the upcoming election and/or to allow Fauci and Bill Gates to control the world. Or something. Unlike so many other wingnuts, sadly, who've offered similarly dangerous public rants over the past several months, Woolery wasn't actually killed by the virus before his embarrassing social media spew revealed him to be an idiot. We send our best wishes for a healthy future to both him and his son.

Similarly, we send such wishes to U.S. Supreme Court Justice Ruth Bader Ginsberg who, after apparently overcoming an infection that hospitalized her overnight this week, announced that she, separately, has been undergoing twice-weekly chemotherapy since being diagnosed with a recurrence of cancer on her liver in May. She has, so far over the past decade, survived pancreatic, colon and lung cancer. She says her current cancer is "at bay" and that she is "able to maintain an active daily routine." In her statement today, she vowed to continue her work at the Court until she can no longer "do the job full steam," adding "I remain fully able to do that." In fact, according to NBC News, other than Chief Justice John Roberts and Justice Brett Kavanaugh, Ginsburg authored more opinions over the past term than any of the other Justices, even as she was undergoing treatment for cancer. Meanwhile, the nation will remain on pins and needles until a new President is sworn in.

Ginsburg's still-sharp mind may soon be needed on a number of landmark matters that could come before the Republican's stolen SCOTUS, as the Trump Presidency (hopefully) nears its ugly end over the next several months, even as he becomes more desperate, manic, narcissistic and reckless with each passing day. One such matter that could come before the Court is a ruling on the Constitutionality of Trump's grant of Executive Clemency to his long time pal, former Trump campaign official, and decades-long GOP dirty trickster Roger Stone.

On Wednesday this week, to little public notice, the non-partisan good government group Free Speech for People (FSFP) filed a motion [PDF] with U.S. District Court Judge Amy Berman Jackson, who oversaw the Stone case and his eventual sentencing to 40 months in prison. Stone was found guilty by a jury of 7 counts of lying to Congress and federal investigators in their probe of Russian interference in the 2016 election, and of witness tampering (threatening to kill the witness and his dog) in his case. Jackson, in her closing remarks after sentencing Stone, said he "was prosecuted for covering up for the President."

That same President then granted Clemency to Stone by commuting his 3-year sentence to zero days late last Friday night, before Stone could even reported to prison as scheduled this past Tuesday. But a number of well-respected Constitutional legal scholars are now arguing that Trump's action on Stone's behalf was unconstitutional and should be overturned by Judge Jackson.

"This case isn't over," declared Ron Fein, Legal Director of FSFP in a statement announcing the motion filed with Jackson on Wednesday. "The Supreme Court has acknowledged that the pardon power is not unlimited, and the Constitution requires the President to exercise that power loyally and carefully in the public interest rather than in his own self-interest."

Joining us on the show today is BEN CLEMENTS, a former federal prosecutor, former Chief Counsel to MA Governor Deval Patrick and now Board Chair and Senior Legal Advisor for FSFP. Clements, with more than thirty years of expertise as a constitutional attorney in both the public and private sectors is co-counsel on the motion filed by this week with Judge Jackson.

"In the very clause establishing the Presidency itself, Article II of the Constitution, the framers included language making clear that the presidency is, in effect, a public trust. Its powers must be exercised for the benefit of the public, and not the personal benefit of the President," Clements tells me today. "They specifically provided that the President is required to take care that the laws be faithfully exercised and executed, and they required the President to take an oath to faithfully execute the office of President."

Clements goes on to explain that the Presidential pardon power, while "considerable" is "not absolute," and that the Supreme Court has recognized those powers "are subject to the textual constraints in the Constitution itself." In other words, as he details today, it can't be used in a criminal manner or with a corrupt purpose. He offers the example that it would be unlawful and unconstitutional for a convicted felon to pay bribe money to the President in exchange for a pardon.

"Granting a pardon or a commutation for a completely unlawful and illicit purpose is antithetical to [the President's] obligation to ensure that the laws are faithfully executed," Clements argues, adding, "There's ample public evidence that this was part of an illicit bribe. Stone agreed to protect the President by refusing to tell the truth, even lying to investigators investigating the role of Trump and his campaign in Russia's unlawful interference in the 2016 election. And Trump agreed, in exchange, to protect Stone from the legal consequences of his illegal conduct."

"At a minimum, the public evidence --- including statements from Trump himself throughout these last several years, and from the White House in describing the reasons for this commutation --- that evidence demonstrates that Trump's purpose in commuting [Stone's] sentence is to reward him for covering up for Trump, and to continue to protect Trump," according to Clement. "So, this is not 'faithful execution' of the laws as required by Article II. This is obstruction of the law, it's obstruction of justice, and it's obstruction of lawful investigations all for corrupt and self-interested purposes."

He says it is up to the court --- right now, Judge Jackson --- to consider the arguments presented and "if the judge agrees that the evidence is persuasive, to declare [the Commutation] constitutionally invalid and to order Roger Stone back to prison."

It's a fascinating twist --- or, at least, a potential one --- in the case. Clements goes on to offer his insight on how all of this may play out in the days ahead...including what may happen once, and if, the case reaches the High Court. You'll want to tune in for today's conversation for much more on this important filing, that has otherwise flown largely under the radar this week with everything else that is going on.

Finally, we end with some bonafide good news --- at least for progressives --- as 44-year old progressive African-American and first time political candidate, Jamaal Bowman, is declared the winner by AP over 16-term establishment U.S. Rep. Eliot Engel in New York's June 23rd Democratic primary. Bowman's reported victory in the 16th Congressional District mirrors Alexandria Ocasio-Cortez' win over 10-term Democratic Congressman Joe Crowley in 2018. And, as with AOC's District next door, Bowman's is heavily Democratic as well, meaning the winner of this year's primary is, as AP reports, "virtually assured of victory in the general election in November."

So there's a bit more good news to take home with you this weekend, as we all limp together towards the hoped-for coming end of the Trump nightmare and all that has come with it...

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Guest: Longtime Koch researcher Lisa Graves; Also: Biden, Obama, Gates Twitter accounts hacked, but Nov. voting should be fine; KS Repub Congressman indicted on four voter fraud counts! Trump should be next...
By Brad Friedman on 7/15/2020 7:27pm PT  

On today's BradCast: New insight on the nearly 50-year long effort to abolish and/or privatize one of the nation's most-beloved, 250-year old institutions. Just another disaster waiting to happen under the Presidency of Donald J. Trump. [Audio link to full show is posted below this summary.]

First, however, today's show is once again shaken up by breaking news. But some of it, at least regarding Justice Ruth Bader Ginsberg --- who has now been released from the hospital and said to be "doing well" --- is good news. The hack of top Twitter accounts today, including Joe Biden's, Barack Obama's, Bill Gates', Elon Musk's and many others, is not such good news. If a multi-billion dollar company like Twitter can't protect its own servers from hackers, how do you suspect local election officials will be doing this November when it comes to protecting complicated computerized voting, tabulation and registration systems?

Speaking of elections, first-term Republican U.S. Congressman Steve Watkins of Kansas was charged on Tuesday night with three felonies charges and a misdemeanor related to voter fraud after he registered to vote (and then did so) using an address at a Topeka UPS store, where he obviously does not actually live.

Donald Trump committed nearly identical voter fraud crimes. Last year, he also specified an address where he does not live --- a commercial business in Florida (Mar-a-Lago) --- as his "legal address" for voting purposes on his voter registration application [PDF] in the Sunshine State, and unlawfully voted via absentee ballot there this year. Rep. Watkins may go to jail for the same crimes that Trump committed. Will Trump be charged with felonies as well?

And, speaking of voting by mail (lawfully or otherwise), that may also be threatened this year, even as states are expanding access to mail-in voting due to the coronavirus pandemic. A new, Trump-appointed (and wholly unqualified) Postmaster General has just been seated and, this week, sent a series of disturbing memos to all Postal Workers directing them, essentially, to slow down mail delivery and stop all overtime work, even with package delivery (often of much-needed medication and other quarantine-necessary supplies) rapidly increasing during the COVID crisis.

Louis DeJoy, a Trump donor and our new Postmaster General, has postal workers, including hundreds of thousands of union workers, up in arms about the new mandated slowdowns that will accomplish little more than giving a competitive boost to FedEx and UPS, two of the USPS' top private competitors. That, as it turns out, is likely the whole point, according to our guest today, LISA GRAVES of True North Research. Last week, Graves published an 18-page brief [PDF] at In The Public Interest on the billionaire who has been behind what is now a nearly 50-year effort to privatize the Postal Service.

That billionaire is none other than Charles Koch who has spent decades recruiting a rogues gallery of hard-right "libertarians" and Republicans, beginning in the 1970s, up through the Reagan and Bush Administrations, and now into the Trump Administration, to undermine the USPS despite its mandates specified by the U.S. Constitution and the fact that it is among the most popular and important institutions in the nation.

"Charles Koch has mapped out a very dystopian view of America, and has tried to push it into reality," Graves says, and he and his cronies have been successful. "They oppose having public transportation. They have oppose Amtrak, and any kind of public train system. They want public airports to be sold to the highest bidder and operated by the private sector. It's just one thing after another, including public parks! National parks, local parks, public parks --- these are all anathema to these very fringey rightwing libertarians who have been fueled and funded and stoked by Charles Koch and his billions from Koch Industries."

Graves, a former Deputy Asst. Attorney General at the U.S. Dept. of Justice, has been researching and documenting the billionaire Koch's rightwing ideological agenda for years, as he and his late brother David, have worked to undermine and/or buy our democracy and most important public institutions. Her new exposé on Koch and cronies' decades-long effort to kill and/or privatize the USPS is another critical chapter of that important work, and one that highlights, as she describes it today, a perfect "marriage between [his] ideological agenda and greed".

With the USPS now on the brink of insolvency, thanks to the COVID crisis --- and, even more, the 2006 Postal Accountability and Enhancement Act (PAEA), championed at the time by Koch-backed Sen. Susan Collins (R-ME), which handcuffed the independent federal agency --- things could get much worse for the Service very quickly.

Describing Louis DeJoy, Graves tells me today, "It's irresponsible and reckless for them to have put this partisan hack, this Republican fundraiser, at the helm of the Postal Service at the time that it's facing such a great need to have a leader who is committed to it as a truly public institution, versus someone who is behaving in this predatory way to try to basically ruin the Postal Service and push it toward the idea that it should be a for-profit company. It's in the worst possible hands at the worst possible time." But, of course, that is largely the point.

"If it's destabilized right before the election, that sort of destabilization could not happen at a worse time. But it would be convenient for a Trump ally to destabilize it, since Trump is trying to attack the very idea of Vote-by-Mail," Graves warns, along with much more in a must-listen conversation today.

Finally, a few quick words on Tuesday's primary election and runoff results in Alabama, Texas and Maine where, by the way, Sen. Susan Collins will be facing her most difficult re-election bid ever this November against Democrat Sara Gideon, who appears to have sealed up the Democratic nomination to run against Collins in Maine on Tuesday...

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Guest: Sen. Timothy Wirth; Also: Following infection and hospitalization spikes, COVID-19 deaths now surging, as predicted, in GOP-run states...
By Brad Friedman on 7/10/2020 6:55pm PT  

Some pretty scary topics on today's BradCast. But don't worry! There's a Rainbow at the end of this pot of gold to help make it all just a tiny bit better! [Audio link to show is posted at end of summary.]

First up: As we've been reporting for weeks, coronavirus infection rates and hospitalizations have been surging across much of the country, particularly in states with Republican Governors who reopened far too early, despite warnings to the contrary from health experts. Throughout this epic failure, however, there has been one statistic these sociopaths have been repeatedly clinging to in recent weeks to justify their ill-considered orders to try and goose the economy in the short-term before the election by reopening, despite the obvious dangers: mortality rates from COVID-19 had not been increasing along with the spike in infection rates

Of course, as we've also been reporting for weeks, the death rate is a lagging indicator that, sure enough, follows the increase in hospitalizations. And now, especially in states like Florida, Texas, Arizona and others where Republican Governors put their perceived (and twisted) political interests ahead of the health and lives of their actual constituents, death rates are now beginning to swell as expected. That, even as Donald Trump and Mike Pence, the head of his so-called White House Coronavirus Task Force, continue to mislead the public about such facts. "We are encouraged that the average fatality rate continues to be low and steady," Pence lied to reporters at the White House this week, while vowing to strong-arm schools into reopening for in-person classes next month --- including in Florida, where, as in Texas and Arizona, ICUs are now at capacity in much of the state, hospitals are running out of test kits and the Republican National Committee plans to hold its nominating coronation for Trump next month as well.

Governors Ron DeSantis (FL), Greg Abbott (TX), Doug Ducey (AZ) and others like them share the same buckets of blood on their hands with Trump, Pence, and the other rightwing death cultists, like Sean Hannity at Fox "News".

Then --- in even cheerier news --- it is now "not just possible but increasingly probable" that Donald Trump will steal the election, according to our guest, Colorado's former U.S. SENATOR TIM WIRTH! Writing recently at Newsweek with Editor-at-Large Tom Rogers, Wirth --- who has served in various branches of government since the Johnson and Nixon Administrations --- details a scenario in which Trump could lose not only the popular vote, but also the Electoral College votes of enough swing states to lose in a rout, but still manage to remain in office!

And, as they detail in 12 simple steps, it can all be done "legally" thanks to some obscure emergency powers granted by Congress decades ago to the President, some help from a compliant and stolen U.S. Supreme Court, and the shameless Republican caucus in the U.S. House of Representatives.

In short, the example scenario proffered by Wirth and Rogers involves the invocation of Presidential powers to launch an investigation into dubious claims of election fraud in several battleground states. That prevents the certification of results in those states which, as SCOTUS has previously ruled, would mean their electoral votes would not ultimately be included in the final tally. If the result was a tie or challenge to the final electoral count, the winner of the Presidential contest would, as specified by the Constitution, be determined by state delegations in the U.S. House, where Republicans currently hold the controlling majority in a majority of states (26).

While the specific scenario they spell out might seem unimaginable, their very specific step-by-step plan is both entirely plausible and, theoretically, perfectly legal. It is no more unimaginable than the idea that Donald Trump could become President of the United States in the first place.

So, Wirth warns we would be wise to begin imagining it --- and making plans for how to counter it --- immediately. "We can't wait until the middle of October or early November to ring the alarm bells," he tells me. "The alarm bells, in our opinion, have to go off now."

The scenario, as he details it, is as chilling as it sounds --- and completely imaginable under this President, who, Wirth explains, is already busily laying the ground work for such a coup. "If you look at Trump and what we've learned in the last 3 and a half years, this is a man who is absolutely deathly afraid of the word 'loser'," he argues. "He does not want to go down in history as the biggest loser in American political history. He will do everything he possibly can to avoid that and to stay in office."

"Effectively, under Article II of the Constitution, he can do practically anything that he wants to do. There are no constraints on his use of these emergency powers," says Wirth. "There is no review of these powers. The Congress actually knows very little about them. They are in statute, but held by the Justice Department and by the White House. The Congress has had little or no attention to these. They have not heard hearings about them, they don't know what's in these emergency powers, they have not reviewed them."

"Trump has no constraints on these. The Congress doesn't have any authority to check these powers. People can say, 'Well, it would go to court!' Who's going to take it to court? Barr, the Attorney General? Are they going to challenge what Trump says he's going to do?"

"The more you know, the worse it is. The more you know about these emergency powers, the more you sketch out what he may do, the more you see what he's doing in all of these swing states, how they're trying to discourage vote by mail, how he's making all kinds of wild statements about how corrupt electoral voting would be if its conducted by mail," the former Democratic Senator explains. "It would really take a failure of imagination not to begin to think... that this is not just possible, but probable. Let's connect the dots."

Wirth connects a bunch of those dots on today's show, adding to his opinion piece at Newsweek and another related warning he penned at Politico with former CO Senator Gary Hart and Carter and Clinton Administration officials Joel McCleary and Mark Medish, telling me today: "There is a danger in our system, and we have to build public attention to this, so that it doesn't happen...We should be alert to it, and aware of it, thinking about it, talking about it, and building the firewall against it."

Finally, because we suspect you need as much help as we do at shaking off today's nightmares --- and all of the ones we've endured over the past week (or even 3 an a half years) --- we close with some important advice from the great musical satirist, Randy Rainbow...

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Guest: Slate's Mark Joseph Stern explains today's rulings; Also: Two conditions on Biden's debates with Trump?; Continuing COVID-19 havoc...
By Brad Friedman on 7/9/2020 6:02pm PT  

On today's BradCast: They were the last major decisions of the term for the Republicans' stolen U.S. Supreme Court. And at least all of the Justices seemed to mostly agree that Presidents are not above the law, even if this one was allowed to buy some time before facing accountability. [Audio link to show is posted below.]

Lucky for Donald J. Trump, that extra time granted by two remands to lower courts by SCOTUS today will almost certainly prevent the public from seeing his tax returns and other likely fraudulent financial documents from the years before his Presidency, before he must stand for re-election on November 3rd. Despite those considerable gifts from SCOTUS today, Donald Trump went off on an incomprehensible Twitter tantrum in response. For some, I guess, too much is never enough.

"Not even the President, is categorically above the common duty to produce evidence when called upon in a criminal proceeding," Chief Justice John Roberts wrote for the majority in one of Thursday's long-awaited 7 to 2 opinions [PDF]. Citing 200-year old remarks by Chief Justice John Marshall, Roberts observed: "We reaffirm that principle and hold that the President is neither absolutely immune from state criminal subpoenas seeking his private papers nor entitled to a heightened standard of need." Even accused sexual assaulter Justice Brett Kavanaugh agreed in a concurring opinion that "no one is above the law."

While no one may be above the law, Trump received two extraordinary gifts from the court today. One opinion, Trump v. Vance [PDF] effectively postpones the disclosure of his dubious financial documents to the Manhattan District Attorney for a criminal grand jury investigation until, mostly likely, after the November election. The other, Trump v. Mazars [PDF] prevents several Congressional Committees from seeing similar documents that they subpoenaed from Trump's accounting firm, also until after the election --- and maybe never if the clock runs out on the end of the Congressional session in December. It will likely take at least that long to work through the courts with SCOTUS' newly-raised bar for such subpoenas of the Executive Branch by Congress.

We're joined once again today, at the last minute, by Slate's great court reporter MARK JOSEPH STERN to offer his ever-helpful clarity and context to today's complicated opinions, which one attorney today described thusly: "The ruling is 'No president is above the law', but they post-dated it to the Biden administration".

"I think he just doesn't really understand how the Court gave him a gift," Stern explains, in response to my questions about Trump's whining, incoherent Twitter response to today's ruling. "These decisions are wrapped up in a lot of language that pointedly reduces the President's immunity and executive privilege from oversight and investigations. And announces or reaffirms some crucial principles, like, of course a state can subpoena a President's records for a grand jury proceeding and, yes, Congress can also subpoena the President and his confederates and businesses if it seeks to get that information to pass legislation."

"But the Court said 'We are going to draw a line because we're not so sure that here, either the New York grand jury or the House of Representatives checked all the boxes that we think they needed to in order to get this information.' So, there's going to be a run-down-the-clock thing now, where Trump tries to keep fighting this in the lower courts --- at least through the November election --- and that means we may never actually get to see these records that the Supreme Court said, theoretically, we could have a right to see."

Stern observes: "It was almost like it was a carefully brokered compromise to reach this exact result and then work backwards for the reasoning." Nonetheless, Stern notes, even if his financial firms are allowed to escape subpoenas by Congress, "the writing is on the wall" for the subpoenas filed by Manhattan District Attorney Cyrus Vance. "I think the lower court is going to very quickly say, 'Yep, these records can go to the grand jury.' And that's going to be that. It could happen in a matter of weeks."

We will see. Or not.

Next, a few more accountability odds and ends today. Trump received another gift this week in the form of a second --- and still-unexplained --- extension of the deadline for the release of his annual financial disclosure statement. Speaking of, the New York Times' Thomas Friedman thinks that Joe Biden should refuse to debate Trump (who now needs the debates more than Biden does) unless Trump releases his tax returns from his years as President, since he promised to do so in 2016, and Biden has already done so. Friedman has one other condition as well that he suggest Biden place on the debates before agreeing to participate this year.

On the COVID-19 front today, the CDC is now claiming they are not planning to rewrite guidance for the reopening of schools after Vice President Mike Pence indicated yesterday they would be doing so following Trump's complaint that their original recommendation for opening schools safely was "very tough and expensive". And, whaddaya know? There's a surge of COVID cases in Tulsa following Trump's unmasked super-spreader campaign rally there in late June, according to the city's top health official.

Finally, we're joined by Desi Doyen for our latest Green News Report with record-breaking Siberian wildfires; a record-breaking Atlantic hurricane season (which only just kicked off!); the new natural gas bomb trains the Trump Administration has just approved to move through your hometown; and some good truckin' news for breathers in California!...

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Unlikely either a grand jury, Congress or the public will gain access to any incriminating financial records prior to the Presidential Election
UPDATE 8/4/20: Subsequent court orders/legal filings suggest NY grand jury may get records by September. Will there be an October Surprise?...
By Ernest A. Canning on 7/9/2020 1:23pm PT  


"Two hundred years ago, a great jurist of our Court [Chief Justice John Marshall] established that no citizen, not even the President, is categorically above the common duty to produce evidence when called upon in a criminal proceeding. We reaffirm that principle and hold that the President is neither absolutely immune from state criminal subpoenas seeking his private papers nor entitled to a heightened standard of need." --- Chief Justice John Roberts, 7 - 2 majority opinion in Trump v. Vance, July 9, 2020

In Trump v. Vance, the President of the United States sued to block Manhattan District Attorney Cyrus Vance's subpoena of Donald Trump's accounting firm Mazar's USA. The subpoena seeks financial records that may expose criminal violations of NY law. Those potential violations include, but are not limited to, the sworn allegations presented by Trump's former attorney, Michael Cohen, that the President falsified loan applications and other financial documents.

The fact that the Supreme Court, as observed by Justice Brett Kavanaugh in his concurring opinion in Vance, "unanimously" agreed that "a President does not possess absolute immunity from a state criminal subpoena" is great news for those who are concerned about the threat the Trump administration poses to the survival of the rule of law. However, the Court's decision to remand the case to the District Court where President Donald J. Trump "may," per the majority opinion, "raise further arguments as appropriate" makes it unlikely that a New York grand jury will acquire the potentially incriminating records that might otherwise justify the issuance of a criminal indictment prior to the November 3. 2020 election.

Given the majority's conclusion, in Vance --- that the President's right to object to compliance with a criminal subpoena is no greater than the rights enjoyed by all private citizens --- it's unlikely Trump will prevail at the District Court level. However, the remand will allow Trump's legal counsel to seek further delays via stay requests associated with future appeals.

In a companion case, Trump v. Mazars USA, LLP --- in which Trump sued to block several Congressional Committees from obtain Trump's tax and other financial documents as part of their legislative oversight --- the Court vacated a District Court order compelling Trump to turn over financial records to Congress. Although the Court, in this case, left open the possibility that the District Court could again order the same financial records to be turned over to Congress after careful consideration of Separation of Powers issues. In this case as well, it is now highly unlikely that the records would be forthcoming to Congress prior to the Election.

The net result is that the Supreme Court has probably deprived the U.S. electorate of access to potentially incriminating financial records prior to the pivotal Presidential Election. That doesn't bode well for small "d" democratic accountability, which can only be accomplished when the electorate is "well informed". That's especially ironic given that even President Richard M. Nixon conceded that We the People have a right "to know whether or not their President is a crook."

UPDATE 8/4/20: Subsequent court orders, an expedited briefing schedule and legal filings suggest that a Manhattan grand jury may actually receive the withheld financial records by early September.

In a July 16 order [PDF], U.S. District Court Judge Victor Moreno adopted the parties' agreed upon expedited schedule, to wit: Trump was to file a second amended complaint by July 27. Vance could answer or move to dismiss by Aug. 3. Vance timely filed a motion to dismiss [PDF]. Trump has until Aug. 10 to file a brief in opposition to the motion to dismiss; Vance until Aug. 14 to file a reply.

On July 17, the Supreme Court issued an order granting Vance's request that the Supreme Court's July 9 decision be effective immediately --- as opposed to the usual 25 days after it was issued.

In his July 16 order, Judge Morero recited the following with respect to Vance's legal posture:

Each of [the President's] potential arguments must be understood first and foremost in the context of the Supreme Court's rejection of a heightened standard for the issuance of a standard of a state criminal subpoena to a sitting President. While the District Attorney does not contest that the President should have an opportunity to advance additional "appropriate" claims supported by factual allegations, consistent with the Supreme Court's opinion, his challenges to the Mazars subpoena must be considered in light of the principle that a President making such challenges stands "in nearly the same situation with any other individual."[Citation]. The President's proposal attempts to elide that standard; indeed, [he] expressly invites this Court to conduct a heightened-scrutiny inquiry drawn from the concurring opinion that was utterly rejected by the majority decision. Equally important, it overlooks the fact that he has already substantially advanced similar allegations in the [First] Amended Complaint, which this Court rejected.

The President states that he may argue that the subpoena "is motivated by a desire to harass or is conducted in bad faith…or that the subpoena is meant to 'manipulate' his policy decisions or to retaliate against him for official acts.' But this Court has already found there was no demonstrated bad faith, harassment, or any other unusual circumstance that would call for equitable relief. And this Court has rejected the President's claim that there was any evidence of a 'secondary motive' that goes beyond good faith enforcement of criminal laws.

In his erudite motion to dismiss Trump's Second Amended Complaint, which was co-authored by Walter E. Dellinger, III, a Duke Law Professor who had previously served as an Assistant Attorney General and as the head of the Department of Justice Office of Legal Counsel, Vance lays out the reasons why the Second Amended Complaint must be dismissed and the records promptly produced.

Trump's newest filing, Vance asserts, merely "repeats a conspiratorial assertion [the President] has unsuccessfully pressed for nearly a year to all three levels of the federal courts." The only "new" allegation is the claim the subpoena is over-broad because it seeks financial records dating back to 2011. This "new" allegation is based upon the factually erroneous assumption that Vance's investigation is confined to the 2016 "hush money" payments that were the source of the allegations leveled by Michael Cohen, the President's former lawyer. (Cohen was convicted for his role in the "hush money" scheme.)

In actuality, Vance points out, the subpoena goes back to 2011 because the grand jury, on the basis of publicly revealed evidence, is investigating "potentially improper financial transactions by a variety of individuals and entities over a period of years."

In the motion, Vance based assertion on Cohen's Congressional testimony and cited Washington Post and Wall Street Journal articles. Turns out, the Manhattan DA has additional information in his possession, according to a The New York Times article that was published one day after Vance filed the motion to dismiss. Last year, Deutsche Bank turned over the Trump organization's financial records to Vance's office pursuant to a subpoena. Thus, it's likely Vance already has evidence in his possession to support the assertion, set forth in the motion, that the NY grand jury subpoenas of financial records held by Mazars relate to decades-long "alleged insurance and bank fraud by the Trump Organization and its officers".

Given Judge Marrero's rejections of the President's prior identical legal arguments, and the already significant delay incurred, it's likely that, following a hearing, a new order compelling compliance with the subpoena will soon issue. It's unlikely further stays will be granted. Thus, it's likely, a NY grand jury will receive the financial records by early September. If those records are incriminating, the intriguing question is to whether Vance, who is not hampered by DOJ rules against initiating an action, could promptly seek and deliver an October Surprise in the form of an unprecedented indictment of a sitting President.

* * *
Ernest A. Canning is a retired attorney, author, and Vietnam Veteran (4th Infantry, Central Highlands 1968). He previously served as a Senior Advisor to Veterans For Bernie. Canning has been a member of the California state bar since 1977. In addition to a juris doctor, he has received both undergraduate and graduate degrees in political science. Follow him on twitter: @cann4ing




Guest host Nicole Sandler with the CA Congressman on his new book, 'Endgame', and a different look at the 4th of July...
By Nicole Sandler on 7/3/2020 5:05pm PT  

It's NICOLE SANDLER, back in to guest host another edition of the BradCast. This weekend is the 4th of July holiday, but this year many of us are looking at it in a different way, seeing the rest of American history that's not usually remembered or recognized on "Independence Day." [Audio link to full show is posted below.]

I opened the show with a bit of wishful-thinking humor-- an "apology" from Donald J. Trump for his mishandling of the coronavirus crisis. It's courtesy of Liz Plank and The Recount. Just click here to watch the magic.

My guest today is REP. ERIC SWALWELL of California's 15th District, who has a new book, Endgame: Inside the Impeachment of Donald J. Trump. Since he's working from home, we even got a quick visit from his daughter who they call Cricket!

At the end, I shared a missive that I found on, of all places, Facebook. Typical of the venue, I have no idea who wrote it. But it's one of the few items I copied and pasted and shared. It's for white people who still don't understand why "all lives matter" is not a reasonable response to Black Lives Matter. This is the part of American history and Independence Day I think we need to spend a little more time on this 4th of July.

In the simplest terms:

400 years ago white people brought black people over here and enslaved them. And sold them. And treated them as less than human. For 250 years. While white men built the country and created its laws and its systems of government. While 10, 15 generations of white families got to grow and flourish and make choices that could make their lives better.

And then 150 years ago white people "freed" black people from slavery. But then angry white people created laws that made it impossible for them to vote. Or to own land. Or to have the same rights as white people. And even erected monuments glorifying people who actively had fought to keep them enslaved. All while another 5, 10 generations of white families got to grow and accumulate wealth and gain land and get an education.

And then 60 years ago we made it "legal" for black people to vote, and to be "free" from discrimination. But angry white people still fought to keep schools segregated. And closed off neighborhoods to white people only. And made it harder for black people to get bank loans, or get quality education or health care, or to (gasp) marry a white person. All while another 2-3 generations of white families got to grow and pass their wealth down to their children and their children's children.

And then we entered an age where we had the technology to make PUBLIC the things that were already happening in private-- the beatings, the stop and frisk laws, the unequal distribution of justice, the police brutality (police began in America as slave patrols designed to catch runaway slaves).

And only now, after 400+ years and 20+ generations of a white head start, are we STARTING to truly have a dialogue about what it means to be black.

White privilege doesn't mean you haven't suffered or fought or worked hard. It doesn't mean white people are responsible for the sins of our ancestors. It doesn’t mean you can’t be proud of who you are. But it DOES mean that we need to acknowledge that the system our ancestors created is built FOR white people. It DOES mean that we aren't disadvantaged because of the color of our skin and it DOES mean that we owe it to our neighbors-- of all colors-- to acknowledge that and work to make our world more equitable.

BLACK LIVES MATTER

Download MP3 or listen online below...

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