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Latest Featured Reports | Saturday, September 19, 2020
'RECOUNTED' with Nils Gilman, Mark Joseph Stern: 'BradCast' 9/18/20
On potential disruption, Constitutional crisis after 2020 election; And the long-overdue end of a racist voter suppression law in NC...
Federal Court Blocks 'Politically Motivated' USPS Changes, Orders Sorting Machines Reinstalled
Judge charges Postmaster General mandates undermined integrity of 2020 election...
More Wins in the War Against the War On Voting in PA, OH, SC & USPS: 'BradCast' 9/17/20
Also: Trump FBI Dir. confirms 2020 Russian interference; Former top Pence staffer plans to vote for Biden; Much more you need to hear...
'Green News Report' 9/17/20
  w/ Brad & Desi
Sally slams AL, FL, GA with record rain, floods; Fires in West behind mass bird die-off; Trump names climate denier to NOAA; PLUS: 175-yr old science issues first-ever endorsement...
Previous GNRs: 9/15/20 - 9/10/20 - Archives...
GA's 'Experts' Flounder in Court Defending State's New Unverifiable Touchscreen Vote Systems: 'BradCast' 9/16/20
Guest: Plaintiff Marilyn Marks; Also: Sally soaks AL, FL; Results of 2020's final primary in DE...
Mostly Good News in Battle-ground Ballot Battles in WI, OH, NV: 'BradCast' 9/15/20
Also: 175-yr old science mag issues first-ever endorsement; Corp. broadcast news outlets failing disastrously to inform electorate about our worsening climate crisis...
'Green News Report' 9/15/20
  w/ Brad & Desi
Hurricane Sally approaches, with more storms on the way; Deadly West Coast fires break more records; PLUS: Biden blasts 'climate arsonist' Trump and urges swift action...
Previous GNRs: 9/10/20 - 9/3/20 - Archives...
Fires and Liars and Modems, Oh My!: 'BradCast' 9/14/20
Guest: Jenny Cohn, election security advocate on 2020 hacking concerns; Also: Climate-fueled fires keep breaking records; More hurricanes on the way; Trump claims climate change, like COVID, will just go away...
Sunday 'Can't Trust the Media' Toons
But you CAN trust PDiddie to post the best of the past week's political toons in his latest collection...
GOP Gains Ground in Their War Against Voting and Voters in FL, WI, TX, NC, PA: 'BradCast' 9/11/20
Guest: Courtney Hostetler, Senior Counsel at Free Speech for People...
Woodward Goes Wayward in 'Biggest Scandal in Modern Journalism': 'BradCast' 9/10
Guest: Journalist David Sirota; Also: DHS whistleblower and new report reveal U.S. Intel now fully corrupt, upside-down under Trump...
'Green News Report' 9/10/20
  w/ Brad & Desi
'Unprecedented' wildfires explode across Western U.S., man-made climate change is to blame; PLUS: Trolling for Florida votes, Trump flip-flops on offshore drilling ban...
Previous GNRs: 9/3/20 - 9/1/20 - Archives...
NC 'Secure White Supremacy' Law Struck Down, Freeing 100k Newly Eligible Voters: 'BradCast' 9/9/20
Guest: Mark Joseph Stern; Also: DoJ rescues Trump; Climate-fueled infernos in OR, WA, CA
Vet Group Cites Trump Attack on Troops as 'New Low' from 'Maniac in the Oval Office': 'BradCast' 9/8/20
w/ VoteVets' Will Goodwin; Record CA heat, fires; Ransomware specter; Kevin Zeese RIP...
Trump's 'Herd Immunity' Solution Could be as Lethal as Hitler's 'Final Solution'
Failure to contain the pandemic has led to a new White House plan to let millions of Americans die...
Sunday 'Postman Always Votes Twice' Toons
PDiddie gives his stamp of approval to all of the political toons in his latest collection of the week's best...
It's Reagan's Fault: 'BradCast' 9/4/20
Guest host Nicole Sandler with author/historian Rick Perlstein and Editor-in-Chief of 'The 19th', Andrea Valdez...
'Green News Report' 9/3/20
Climate champ Markey wins primary challenge; Admin racing to dismantle environmental protections; PLUS: Sign of the times -- ExxonMobil dropped from Dow...
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 6/25/2020 11:19am PT  

IN TODAY'S RADIO REPORT: Minnesota sues Exxon Mobil for lying to the public about climate change; Justice Department whistleblowers expose corrupt investigation into California deal with automakers; PLUS: Chemical giant Bayer to pay billions to settle Monsanto weedkiller lawsuits... 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): District of Columbia sues four oil majors for misleading consumers on climate change; Trump insists on fireworks at Mt. Rushmore, increasing risk of wildfire and COVID spread; Black households pay more for energy than white households: analysis; Facebook 'fact check' policy creates loophole for climate denial groups; The danger of Amazon's $2 billion climate change venture capital fund; Court rejects logging plan for Tongass Nat'l Forest; 'Bomb trains': LNG shipments by rail approved in U.S.... PLUS: Video: A Bold Vision of DERP Down Under... and much, MUCH more! ...

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




Guest: Howie Klein of 'Down With Tyranny' on Tuesday results; Also: DoJ corruption spreads to Judiciary in Flynn case; DoJ whistleblowers in Congress; All eyes on 'last firewall' of November election...
By Brad Friedman on 6/24/2020 6:36pm PT  

Given the disturbing news out of a D.C. Appeals Court today in the Michael Flynn case, we begin today's BradCast with a few words of warning about what is likely to come between now and November 3rd (and even beyond), and how we all must now collectively approach that day in order to save this Republic. This is not a test. This is the real thing. And, as our darkest hour gets darker still --- and it will --- we must stay focused on the only thing that offers hope right now, the only thing that matters: making very real changes at the White House and Congress this November.

After that serious-as-a-heart-attack public service announcement/warning, we break down just why the surprise ruling by two Republican appointees to the U.S. Court of Appeals in D.C. today --- in response to an unprecedented motion by Donald Trump's former National Security Advisor and confessed federal felon Michael Flynn --- is so damning, dangerous and unprecedented.

The three-judge panel's majority ruling [PDF], ordering Flynn's case to be dismissed --- as Trump demanded and as corrupt Attorney General Bill Barr facilitated in opposition to the career prosecutors who successfully obtained Flynn's guilty plea (twice, before two different judges) --- was written by Judge Neomi Rao, a former White House staffer who Trump recently appointed as a federal appeals court judge. The entire matter is about as corrupt as it can get, but it may not be over yet. The full D.C. Circuit Court of Appeals may decide to rehear Flynn's unprecedented motion, given "the question of exceptional importance" raised by the matter, as allowed by law. The lower U.S. District Court was not even allowed to hold a hearing on the Dept. of Justice's Motion to Dismiss their own case before Flynn filed for a writ of mandamus to force U.S. District Court Judge Emmett Sullivan to approve the DoJ's motion before it was even heard.

As Judge Robert Wilkins, the lone Democratic-appointed judge on the three-judge appellate panel wrote in his dissent, his colleagues "grievously" overstepped their judicial powers with their order. If the surprising ruling holds, it will, as BRAD BLOG legal analyst Ernie Canning wrote last week, mean that the court has become "complicit in the President's corruption of the rule of law," which is "tantamount to an abandonment of the Judiciary's constitutional function to act as a check against Executive Branch abuses of power."

At the same time as that stunning order was issued by the D.C. Court of Appeals panel, two DoJ whistleblowers were testifying about similar cases of corruption at the Department by senior political appointees working at the behest of Barr and Trump in the case of Roger Stone, another Trump crony found guilty of lying to federal officials (just as Flynn had admitted he did as well) in relation to the Robert Mueller Special Counsel probe into Russian inference in the 2016 election. We share some of today's disturbing testimony by Aaron Zelinsky, one of the career prosecutors who refused to sign off on the DoJ's attempt to reduce the sentencing recommendation for Stone, Trump's pal and longtime dirty-tricksters (found guilty here on all seven counts), despite what he described as "heavy pressure from the highest levels of the Department of Justice," including senior political appointees who, he alleged, were "afraid of the President."

"It’s very important that we recognize what’s happening now," warned Donald Ayer, another witness at today's hearing and a former Deputy Attorney General under George W. Bush. "What’s happening now is much worse than what happened in Watergate --- much worse. It’s across-the-board. It’s a systematic effort to undo the checks that were put in place in Watergate and others that existed in the Constitution. And we need to do something about it."

The corruption of the Flynn and Stone prosecutions are now so far off the rails from what the U.S. Department of Justice is supposed to stand for that it is difficult to fully express how much dark trouble this now portends for our nation. Thus, we have one hope left --- our last firewall against full-blown authoritarianism in this country --- this year's critical general elections. To that end, there were primaries held on Tuesday in Kentucky, New York and Virginia along with a few other key races elsewhere. We're joined today by longtime progressive political blogger and Congressional campaign expert HOWIE KLEIN of Down With Tyranny to discuss a number of election results from Tuesday in New York and Kentucky which appear to suggest some very good news for progressives. We say "appear" because several of those elections are currently reported to be very close and, due to the coronavirus (which had its single biggest day of new infections in the U.S. on Wednesday), it will take some time for officials to tally the unprecedented number of absentee mail-in ballots cast. We run through several of the key races with Klein (he details many more here today) why they matter, and how a number of them they are likely to scare the hell out of the establishment on both the Left and Right.

"There were wins and losses," Klein tells me. "It wasn't like the progressives wiped out the [Democratic] conservatives. But thank goodness it didn't go the other way. So yes, it was a good night for progressive Democrats."

Also worth a quick mention today: The 24-year old Republican dude named Madison Cawthorn, who defeated the Trump-endorsed candidate in the GOP runoff to become the nominee to fill former Congressman turned White House Chief of Staff Mark Meadows' seat in North Carolina. And ALL of the electronic pollbooks in Virginia Beach, Virginia's 100 precincts failed on Tuesday...

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

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Guest: Former Deputy Asst. Attorney General Lisa Graves; Also: COVID-19 still spreading at record rates and much MUCH more...
By Brad Friedman on 6/22/2020 6:33pm PT  

On today's BradCast: We're gonna need a bigger front page in this country, given all the huge news that only served to cancel out all of the other huge news this weekend. All of which, we suspect, is just the way Donald Trump likes it. But don't worry. The most important news of the weekend --- the first failed attempt and second successful attempt by corrupt U.S. Attorney General Bill Barr to fire the U.S. Attorney for the Southern District of New York (likely unlawfully) is the eventual focus of today's show, with our guest, a former Deputy Asst. Attorney General herself. [Audio link to show is posted at end of summary.]

But first, some of that other news that only served to crowd out all that other other news over the weekend. After a few quick words and warnings about tomorrow's primary elections in New York and Kentucky (expect very long lines) and some new news on Los Angeles County's new and already failed touchscreen voting and electronic pollbook system (which we'll have to offer in detail on another day), we take a look at the still burgeoning COVID-19 crisis. Despite Trump's attempts to pretend it away, infection rates are still increasing in at least 23 states, holding steady in 10, and only decreasing in 17 --- if, in fact, it's actually even decreasing in those states. All of this after many states reopened for business far earlier than health experts advised would be safe.

Then its on to Donald Trump's embarrassingly fizzled return to the campaign trail on Saturday, when his campaign's promise of more than 1,000,000 tickets registered for his "Great American Comeback Celebration" rally in Tulsa, Oklahoma, turned into just over 6,000 supporters at the indoor venue/coronavirus super-spreader event. The arena was barely half full, if that. Trump was reportedly furious, according to much of the brutal news coverage of his rambling, nearly two-hour remarks on Saturday, during which he admitted that he told his "people, 'Slow the testing down, please!'" Yes, the President of the United States, during a global pandemic, actually ordered his staff to try and test fewer people for the deadly disease in hopes that it might make him look like less of a failure. It has done just the opposite.

It also did not help the 6 members of his own campaign advance team in Tulsa who tested positive for COVID just before the event, or the two that have tested positive since. We should have expected as much from the guy who told reporters last week that "over one million people" were planning to attend and that "we expect to have like a record setting crowd. We've never had an empty seat and we certainly won't in Oklahoma." Even as he boarded the helicopter on the way to the Tulsa event Saturday, he lied to reporters that the "crowds are unbelievable" in Oklahoma. "They haven't seen anything like it." The operative word there is "unbelievable."

All of that, however, helped to obscure the remarkably corrupt and seemingly unprecedented events that took place very late Friday night when AG Barr falsely announced that Geoffrey Berman, the U.S. Attorney for the Southern District of New York, had resigned. Turned out he hadn't, and he said as much in a stunning statement minutes later, declaring that he'd only learned of his own "resignation" via Barr's press release.

Berman, a 2016 Trump Campaign donor and member of his Transition team, said he refused to step down until he was replaced by a Senate-confirmed nominee. Since he was not appointed by the President, but by the U.S. District Court for the Southern District of New York (the Senate would have had trouble approving him), he cannot be removed by firing without cause. According to law, a USA appointed by the courts can only be replaced by a Senate-confirmed nominee. Berman's U.S. Attorney's office at SDNY is known for its independence from Main Justice. It has prosecuted allies of Trump and was believed to be investigating more of them, including Trump's personal lawyer Rudy Giuliani and the Trump Organization itself. After Berman's brief overnight stand against Barr, he agreed to stand down on Saturday morning, after he said Barr agreed to allow Berman's Deputy to replace him as Acting USA (as is the normal practice), rather than install the U.S. Attorney from New Jersey (as Barr had announced in his false statement on Friday), which is decidedly not normal practice.

Yes, the Barr/Trump authoritarian strongman move is all at least as corrupt and unprecedented as it sounds. Thus, we are joined today by a guest with no small amount of insight into just how wildly corrupt and unprecedented all of this is. LISA GRAVES is a former Deputy Asst. AG at the U.S. Justice Dept., a former Chief Counsel for nominations in the U.S. Senate. She is also a former Deputy Chief for the US Court system. She is now Founder of True North Research, a good government watchdog group "researching the forces distorting our democracy."

Graves describes the Barr/Trump/Berman mess as "a debacle in terms of rule law." Ironic, she notes, coming from a man claming to be running for re-election as the "Law and Order President".

"This all smells. It reeks," she tells me. "It's really a terrible crisis for the Department of Justice, for the US Attorney's office in New York, and for the very rule of law. You cannot have a President who fires people who are investigating him or who are investigating his associates. You have to have a President who is as far away as possible from even appearing to interfere in that sort of investigation or any investigation that might touch on him."

As to what can be done about it and whether or not Barr actually broke the law himself with his initial attempt to remove Berman --- and whether Trump actually fired him on Saturday morning, as Barr contends (only to be contradicted by Trump himself) --- and who would prosecute Barr if, in fact, he did violate the law...well, you'll have to tune in to find out what Graves says about all of that and whether we will ever be able to restore justice to the Department of Justice after Donald Trump is eventually gone...

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

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Anticipated court rulings will determine whether Trump's corrupt political influence will expand from a compromised DOJ to the Judiciary...
UPDATE : Sharply divided Appellate Panel orders District Court to dismiss Flynn case. UPDATE 7/10/20: District Court petitions full DC Circuit for en banc rehearing. UPDATE 7/30/20: DC Circuit grants en banc review; vacates panel's order. UPDATE: 9/2/20 DC Circuit denies Flynn's writ petition...
By Ernest A. Canning on 6/17/2020 11:33am PT  

This is about far more than the fate of Michael Flynn.

Last week, in an amicus curiae (friend of the court) brief [PDF], former federal prosecutor John Gleeson, a retired federal judge, together with a number of renowned attorneys and constitutional scholars, offered a scathing condemnation of the William Barr-led Department of Justice. Gleeson denounced the DOJ's "corrupt" and "politically motivated" effort to dismiss the long-running case against Flynn, Donald Trump's former National Security Advisor, who, the brief describes as a "political ally of the President."

The issue at stake in this case is not only on a matter of accountability for Trump's disgraced former National Security Advisor. It also entails a question of whether the corrupt political influence the President has exerted over an ethically compromised Attorney General will now flow into and compromise a co-equal branch of government, the federal Judiciary...

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




Guest: Univ. of Arizona infectious disease epidemiologist Dr. Purnima Madhivanan on AZ's 'crisis mode' surge in COVID cases, state officials' deadly denial since prematurely reopening, and 'believing in science'...
By Brad Friedman on 6/16/2020 7:33pm PT  

On today's BradCast: President Donald Trump and Vice President Mike Pence are ramping up efforts to pretend, lie and try to distract their way out of the coronavirus crisis in advance of their re-election rally in Tulsa, Oklahoma on Saturday. The virus doesn't care. As our guest today notes, "the virus is non-partisan." [Audio link to full, must-listen show is posted below.]

Even as COVID-19 cases are spiking around the country --- including in OK, where new cases surged 68% in the second week of June and where Tulsa's top health official and major newspaper are both begging Trump to call off this Saturday's planned campaign rally --- both men are now lying about both the growth in infections and in hospitalizations since states have begun reopening for business over the past several weeks.

They are both falsely explaining away the rise in confirmed infections in more than a dozen states as due to increased testing. It isn't. What epidemiologists are worried about is the rise in the percentage rate of positives tests, no matter the increase or decrease in the number of tests performed and about rising hospitalization rates, which are the best indicator of the increasing virulence of the pandemic in various parts of the country.

Pence reportedly instructed Governors, during a phone call on Monday, to lie about both matters, stating "the magnitude of increase in testing" explains the rise in positive cases and that increased hospitalizations are only because "people are going back to hospitals and elective surgery." But hospitalizations for elective procedures are decidedly not what infectious disease specialists are worried about, nor are they included in the spiking and often record rates of hospitalizations being seen right now for COVID-19 infections.

As we have been explaining on the show in recent days, as rates rise in Texas and Florida and Arizona (all three hit records for single day increases today) and elsewhere since Governors in those states prematurely reopened and are now seeing skyrocketing rates of illness since doing so, there is still no treatment, no cure, and no vaccine for the coronavirus. Lifting lock-down orders, failing to wear masks, and ignoring social distancing as many have now done, is little different than had we all done so in March and April as the virus first emerged.

In fact, as one of the very conservative COVID models --- one cited by the White House --- was adjusted today to predict more than 200,000 deaths in the U.S. by the first of October, our guest today explains why she believes "we are in a worse situation now" than we were back in March and April.

"We have a lot of infectious people in the community that we didn't have earlier on," notes DR. PURNIMA MADHIVANAN, infectious disease epidemiologist and Associate Professor at the University of Arizona's Zuckerman College of Public Health. "I would say it's Phase 2 in that regard. We have a lot more people who are infectious, who are shedding the virus, than when we had started earlier on."

Describing ICU beds, particularly in Phoenix, at near-capacity rates just one month after reopening, Madhivanan, Director of her school's Global Health Training Program, says the state of Arizona is in "crisis mode. We need to be doing something, like, yesterday." That, as Republican Governor Doug Ducey --- who abruptly announced reopening plans early last month on the same day as a visit to the state by Donald Trump --- continues to downplay the state's worsening predicament, despite a 76% increase in cases since the end of May and records of new cases and hospitalizations being consistently topped in recent days.

Madhivanan tells me she sees the state running out of ICU space within a week. "We have a crisis situation right here in Phoenix. And if [Ducey] were smart, he would close off the borders to Phoenix yesterday." This is not a so-called "second wave," she cautions. "We haven't even peaked with the first wave yet. We are number 42 among all states in terms of testing rates. So we haven't even gotten to the level where we can say our testing rates are good. And we've not even mentioned contact tracing yet. That's practically non-existent, and a huge concern."

It didn't have to be this way, Madhivanan explains, but for Ducey's abrupt reversal in early May. "What we had actually projected and predicted was we would get to the peak around the end of June, if everything had gone the way we had predicted with all the physical distancing in place, stay-at-home orders. But when the stay-at-home orders were not followed through, that peak came much, much earlier, and we are still continuing up on that wave. We have not come down yet."

This is an important, must-listen, detailed conversation which extends well beyond Arizona. I couldn't even begin to adequately summarize it here. We discuss the denialists and claims from mostly non-epidemiologists and ideologists who charge that lock-downs have made the situation worse, asserting that allowing for "herd immunity" to develop would have been a smarter strategy. She details why she strongly disagrees, explaining that it would have taken years and resulted in exponentially more deaths, in the millions, here in the U.S. Madhivanan further says containment, unlike during the SARS crisis of 2003-2004, became impossible "because we have an uncoordinated and poorly managed COVID response" at the federal level.

That means the only option left is shutdowns, mask wearing (which, she argues, makes a huge difference in mitigating spread of the virus), hand-washing and physical distancing. But, she laments, there is now very little, if any, of that being done in her state. Ducey has never mandated masking, for example, even as "masks are our lowest-hanging fruit and one of the most economical interventions. If all of us did it, we can dramatically bring down the number of infections."

She warns things are going to get much worse before they get better anytime soon. "If we had used the period of the shutdown to put comprehensive testing and tracing protocols in place, this investment would have paid off in the long run. But we failed to do that. So we only delayed the day of reckoning for us."

"At some point people need to start believing in science, is all I can say. We have the data, we have the evidence, and the science is pretty clear about this. We were not ready and we should not have opened," Madhivanan insists.

Finally, after a bit more news on the 28 states in the U.S. where infection rates are decidedly NOT falling, no matter how hard the Administration and his supporters are still trying to pretend it all away, we've got a bit of breaking news that came just before air time on Donald Trump hoping to sue John Bolton's upcoming new book away.

Then, Desi Doyen joins us for the latest Green News Report. That, of course, as usual, includes nothing but lots of much-needed sunshine and flowers! (Hey, if Trump and Pence can lie about absolutely everything, we can too, right?)

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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Looks like we gotta lot of fact-checking to do today...
By Brad Friedman on 6/4/2020 6:59pm PT  

The good news for today's BradCast is that, thanks to so much breaking news on yesterday's show, we've got at least one encouraging new piece of news on a story that we had to bump yesterday regarding Donald Trump's absentee voter fraud felony in the state of Florida. Between that and the false claims made by him and U.S. Attorney General Bill Barr and Arkansas Sen. Tom Cotton (in the pages of the New York Times, shamefully enough) charging that "antifa" is behind the violence seen at some of the mostly peaceful protests across the country over the past week and a half, we've got a lot of fact-checking to do on today's program. [Audio link to full show is at bottom of summary.]

First, Times staffers are livid that that the paper of record gave space to Cotton for an editorial on Wednesday calling for U.S. military troops to be deployed across the country against U.S. citizens under the Insurrection Act. The far-right Republican Senator charged in the piece that "cadres of left-wing radicals like antifa [are] infiltrating protest marches to exploit [George] Floyd's death for their own anarchic purposes." His remarks echo those of Trump, who, on Sunday, declared (falsely) that antifa will be designated as "a Terrorist Organization". In fact, antifa is not an organization. It's a movement of people who oppose fascism and authoritarianism and there is no such federal designation for domestic organizations, even if antifa was one. But the calls of Trump and Barr and Cotton echo what the Times itself described as "misinformation" just two days earlier in an article debunking that myth and several others related to the protest and being circulated widely (and falsely) on social media.

Moreover, the charge that antifa is behind the violence at protests is contradicted by intelligence reports this week from both the FBI and DHS, which find little evidence of antifa involvement, but seem to find plenty of evidence that rightwing white nationalist groups have organized to instigate chaos at otherwise peaceful demonstration around the nation. Continuing video tape evidence of police violently abusing peaceful protesters, including on Wednesday night after many of the demonstrations had otherwise calmed down, doesn't help either. But this week Twitter reported they'd shut down a European white nationalist group posting as "@ANTIFA_US" and tweeting out, for example, messages with a brown raised first emoji and declaring: "Tonight's the night, Comrades. Tonight we say 'F--- The City' and we move into the residential areas... the white hoods.... and we take what's ours."

While that account has been shut down, the white nationalists on the street have not all been. We still do not know the identity of the white man with full face gas mask (pictured above) and a black umbrella, who strolled down the sidewalk in front of the Minneapolis AutoZone last week with a hammer by his side, casually smashing each window of the store. Protesters tried to stop him and to identify him before he slipped away, leading Minnesota Attorney General Keith Ellison to post the video of the man on Twitter, along with the remark: "This man doesn't look like any civil rights protester I have ever seen. Looks like a provocateur. Can anyone ID him?"

And yesterday, in Las Vegas, AP reported on terrorism charges filed against three Nevada men with ties to a rightwing extremist group. They were arrested on Saturday heading to a protest on the Strip after "filling gas cans at a parking lot and making Molotov cocktails in glass bottles," according to the criminal complaint obtained by AP. Two of the men, according to an informant, "discussed causing an incident to incite chaos and possibly a riot, in response to the death" of George Floyd. They are all said to be members of the anti-government "boogaloo" movement, advocating for a new civil war.

It seems its easier to find strawmen to blame for years of systemic racism rather than take responsibility for it. That seems to be what Trump, Barr, Cotton, Fox "News" and all the rest of those looking for someone else to blame for Floyd's death and the resulting outrage seem to be doing. It doesn't seem to be working. But that won't stop them from trying to play a whole bunch of folks just months before the next Presidential election.

Speaking of...as we reported several weeks ago, Donald Trump --- who has been making myriad false claims about absentee voter fraud for weeks now --- is, himself, a voter fraud criminal after illegally voting in Florida this year, by absentee ballot, despite having no lawful permanent residence in the state.

While he claimed late last year to have moved his permanent residence from New York to his Mar-a-Lago club in Palm Beach, his original 1993 agreement with the city when he purchased the property and turned it from a single-family residence into a commercial club, required that nobody could actually live there. So, yes, that is voter fraud, and people in Florida have been charged and even jailed for much lesser infractions of the Sunshine State's elections code.

Yesterday, the Washington Post reported another noteworthy point or two on this story, with yet another update to it today. On Wednesday, the paper reported that Trump, when he filed his Florida voter registration [PDF], listed the White House at 1600 Pennsylvania Ave. as his "legal residence". That means his legal residence is not in Florida and he is, therefore, not allowed to vote there. A month later it appears he tried again, this time specifying Mar-a-Lago's address as his "legal residence." It's unknown what happened in the 31 days between the first and second registration, but maybe Florida generously granted him a mulligan. Of course, that still doesn't make his declared residence at his commercial property in Palm Beach a legal domicile in the state.

Making his case even worse, on Monday, during his infamous phone call with the nation's Governors (in which he described peaceful protesters as "terrorists" and instructed the Governors to "dominate" them or he would send in U.S. troops to do so), he stated: "I live in Manhattan". Oops. That prompted Democratic election attorney Marc Elias to tweet: "Sounds like New York may have a good claim for taxes. And Florida for voter fraud."

And, on that point, the Post updated its story today with the news that a Florida resident has now filed a formal election fraud complaint against Trump, which is what we've been calling for weeks! Under Florida law, the state is now required to investigate the complaint. And because it's a violation of state, not federal, law there is nothing to my knowledge that should prevent the President from being charged with felony voter fraud there. He did it. He should be charged with fraud.

When we painstakingly detailed the voter fraud by former GOP superstar Ann Coulter more than a decade ago after she illegally lied about her address in Palm Beach on her registration application and then unlawfully voted at a precinct she was not entitled to vote in, the state slow-walked their investigation until the statute of limitations ran out. (She also got a helping hand from a former FBI boyfriend). We'll hope that Florida Law Enforcement doesn't try something similar here. Though it would be much harder to do in this instance, given that the crime happened just months ago in this case.

Finally, Desi Doyen joins us for our latest Green News Report, with coverage of a tropical storm barrelling towards the Gulf Coast; evidence that global warming is increasing extreme rainfall events in North America; a new study finding that building new wind and solar plants is now cheaper than using existing coal power plants; and the good news that the University of California is divesting it's $120 billion endowment from all fossil fuels...

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Guest: NatSec journalist Marcy Wheeler of EmptyWheel; Also: COVID science censored by Florida...
By Brad Friedman on 5/19/2020 6:24pm PT  

On today's BradCast, the gaslighting of the nation continues, from Flynn to Florida. [Audio link to show follows below.]

Two weeks ago, U.S. Attorney General Bill Barr's Dept. of Justice stunned the legal world by filing a motion to drop all charges against Lt. General Michael Flynn, Donald Trump's first National Security Advisor and one of his earliest supporters. Flynn had twice pleaded guilty before three different judges about lying to the FBI about his conversations with the Russian Ambassador before Trump's inauguration. His guilty plea also included the admission that he was a paid agent for the nation of Turkey, which he failed to disclose even as he received highly classified briefings after Trump's election before going on to serve as the nation's top national security official in the White House.

Flynn initially lied to FBI officials in January of 2017 and was recently set to receive his sentencing in federal court when his new Fox "News" lawyers convinced him to try and withdraw his guilty plea. Before U.S. District Court Judge Emmet Sullivan was able to decide on that matter, Barr, Trump's new fixer, jumped in to try to make the prosecution go away completely, claiming that the initial interview during which Flynn lied to federal officials about his conversation with Russian Ambassador Sergey Kislyak, should never have happened in the first place. Barr argues the counterintelligence probe being carried out by the FBI at the time, looking into Russia's alleged interference in the 2016 campaign and potential cooperation by the Trump Campaign, should also have never happened in the first place.

The problem is Barr's own DoJ --- just a few months ago, at the beginning of this year, in their sentencing recommendation memo [PDF] for Flynn --- argued the 2017 interview was "material to the FBI’s counterintelligence investigation to know the full extent of the defendant’s communications with the Russian Ambassador, and why he lied to the FBI about those communications." They called Flynn's false statements to the FBI "significant" and potential "evidence of links or coordination between the Trump Campaign and Russia."

Week's later, in the May 7 motion to dismiss the charges [PDF] against Flynn --- which all of the career prosecutors who worked on the case for years refused to sign --- Barr's DoJ claimed the exact opposite, that the January 2017 interview with Flynn was not "conducted with a legitimate investigative basis." Barr himself, during an interview with a former Fox "News" reporter explaining the unprecedented filing, argued that the FBI "did not have a legitimate basis for a counterintelligence investigation against Flynn."

But Barr's DoJ argued the opposite case only weeks earlier and offered few details in the new filing about why they are now, suddenly, changing their legal position. Judge Sullivan is none to happy about any of it and has retained a retired prosecutor/federal judge to argue against the new filing now that the DoJ has literally joined forces with the Flynn defense team they were previously prosecuting.

The argument, as national security journalist MARCY WHEELER of Empty Wheel recently reported, is now between the Barr DoJ's two different and conflicting positions on the matter and, she explains, should be covered as such by the corporate media seeking to "both sides" every issue.

Wheeler joins us today to explain the extraordinary, unprecedented mess, and how it is that Barr and his DoJ now find themselves, literally, on both sides of the issue, as the nation's top law enforcement official continues his partisan bidding for the President of the United States. "You can't, as the same party," says Wheeler, "stand before a court and say, 'I think 2 plus 2 is 4 and then the next day come in and say, 'I think 2 plus 2 is 17.' That's effectively what DoJ has done, given that Bill Barr's DoJ said in January this was material to a serious and legitimate investigation, and now he's saying this was not material because the investigation was not legitimate."

She also discusses whether the media are falling for Barr's bogus claims; whether Barr and the DoJ could, themselves, be sanctioned by Judge Sullivan; and whether Sullivan's new hire, Judge John Gleeson, may argue that Flynn, in this case, should be charged with contempt for his perjurious lies to the court.

Then, as Barr tries to gaslight the nation, the state of Florida, under the command of GOP Governor and Trump pal Ron DeSantis, is apparently trying to do the same amid the coronavirus pandemic. A new report from Florida Today finds that the state's lead Department of Health official who headed up the creation of Florida's highly lauded COVID-19 dashboard website, was recently removed from the job after refusing to censor key scientific data on coronavirus cases, spread and deaths in the Sunshine State while DeSantis is risking lives by "reopening" the economy there faster than health experts recommend.

The way in which Republicans are trying to deny, ignore and otherwise hide scientific data in favor of promoting the economy at all costs, as we discuss, is a perfect hyper-speed analog of how the same political party has attempted to deny, ignore and otherwise hide the science of climate change in favor of the economy, no matter the expense to the public and the death toll that folly similarly entails.

Finally, Desi Doyen joins for the latest Green News Report with more lessons we should learn from the COVID crisis about the climate crisis; news on the massive, climate change-fueled cyclone about to slam into one of the poorest regions on earth in the middle of the pandemic; and the Trump EPA's approval of rocket-fuel toxins in your drinking water...

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Burr gets served; Barr gets blowback; Flynn gets a new 'prosecutor'; Trump gets overturned; Also: American Prospect's David Dayen on coronavirus economics and what Congress is (and isn't) doing about it...
By Brad Friedman on 5/14/2020 7:01pm PT  

It's another one of those days on The BradCast when we've got more news than we can adequately handle. On the upside, much of it is actually encouraging news for a happy change! At least for those of us who have yet to give up on the idea of accountability for corrupt, very very bad people. [Audio link to full show is posted below.]

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

  • The FBI served a warrant on Sen. Richard Burr (R-NC) Wednesday night, seizing his cell phone as part of an investigation into a huge number of stocks he unloaded on a single day before the stock market crashed on bad coronavirus news which he received early as the Chair of the powerful Senate Intelligence Committee and a member of the Committee overseeing health care issues. On Thursday, amid what appears to be a very serious scandal, Burr "temporarily" stepped down as head of the bipartisan Intel Committee. But there may be much more behind this otherwise seemingly good news of a Republican Senator actually being held accountable for something. We discuss;
  • The federal judge overseeing the case against Donald Trump's first National Security Advisor Michael Flynn is not taking the DoJ's unprecedented recent motion to dismiss all charges against him at face value. Flynn, who twice pleaded guilty to lying to FBI officials about his contacts with Russians before Trump's inauguration and about secretly serving as a Turkish agent even while serving as National Security Advisor in the White House may not yet be off the hook. That, even after Trump's corrupt AG/fixer Bill Barr is attempting to toss two years of DoJ prosecution, without the approval of the actual DoJ career prosecutors, in hopes of keeping Trump's pal out of jail. The federal judge on the case has appointed a bulldog former prosecutor and federal judge to argue against the DoJ's new position after Barr merged it with that of Flynn's Defense team. Judge Emmet Sullivan has also asked the newly retained Judge John Gleeson to investigate whether Flynn committed perjury by lying to the court when he twice admitted lying to federal officials;
  • Still more encouraging accountability news came out of a federal appeals court in Virginia today, with the Fourth Circuit reversing a ruling from a three-judge panel (of Republican-appointed judges) last year. The full en banc panel held, in a 9 to 6 ruling, that the smaller group of judges had wrongly dismissed a Constitutional Emoluments Clause lawsuit filed against Trump. The complaint was brought by the Attorneys General of Maryland and D.C., arguing that Trump's hotel in the nation's capital --- now a favorite spot of world diplomats and others seeking favor from the Administration --- violates the Constitutional prohibition against President's receiving "any present, emolument, office or title of any kind whatever from any king, prince, or foreign state" or any state in the U.S. Naturally, the DoJ is now vowing to appeal to the Republicans' stolen U.S. Supreme Court;

From all of that (potentially) encouraging accountability news, we move on to....the economy and DAVID DAYEN of The American Prospect. First, new jobless numbers from the Labor Department once again highlight the crushing toll that the COVID-19 crisis is taking on the nation's economy, with nearly 3 million having filed for unemployment last week. We have now seen two straight months of unprecedented new weekly jobless claims from 3 to 6.5 million each and every week. The previous weekly record, before this crisis, was less than one million. The official unemployment rate soared to 14.7% in April, the highest since the Great Depression, after more than 20 million jobs --- a decade's worth or job growth --- simply vanished over the past two months. Economist believe the actual unemployment rate, including those not currently looking for work or who are still unable to access overburdened state facilities to apply for unemployment --- is closer to 24%. At the same time, a new Kaiser Family Foundation report estimates that 27 million Americans have lost their employer-based health insurance due to the crisis, and Fed Chair Jerome Powell is calling for much more money to be appropriated by Congress to "avoid long-term economic damage". That, even after Congress already appropriated a record $2 trillion in stimulus and relief packages and the Fed itself has committed nearly $4 trillion to shore up companies and, in theory, the economy.

Dayen, an author and investigative financial journalist, has been documenting the stumbling Congressional responses to the crisis in his daily "Unsanitized" column and newsletter, and explains how the massive unemployment numbers we are now seeing was largely by Congressional design. He also details the state of play today for the next Congressional relief package, including a mini uprising from progressives on Nancy Pelosi's Democratic side in the House and the complete inaction on the Republican side from Mitch McConnell in the Senate and Trump in the White House. Dayen details the "laundry list of ideas" included in Pelosi's $3 trilion Heroes Act, which may come up for a vote on Friday in the House, though is unlikely to get much further as is, and a disturbing provision in the measure that would actually serve as a bailout for lobbyists and dark money groups. We debate whether that would be a good or bad idea and exactly why. (David calls it "insane", I'm not quite as certain...)

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Guest: Howie Klein on progressive Dem win in NE, establishment Dem loss in CA; Also: Trump voted illegally in FL and ... 'OBAMAGATE'!...
By Brad Friedman on 5/13/2020 6:34pm PT  

On today's BradCast: Yes, the President of the United States, Donald Trump, committed voter fraud while serving as President of the United States. And, speaking of elections, we had a few on Tuesday in California, Wisconsin and Nebraska. [Audio link to full show is conveniently posted below.]

But first up today, if Trump is accusing someone else of doing something, it's a near certainty it's because he's doing it himself. While he's been busy pretending in recent weeks that Democrats steal elections by absentee voting, it turns out it was Trump himself who actually committed voter fraud in the state of Florida this year when he voted in the Sunshine State's primary election in March by absentee ballot. No, voting by absentee is not a crime or fraud in and of itself (as he continues to claim). But voting in the state of Florida --- in-person or via absentee --- without having a lawful permanent domicile there is, in fact, a felony.

As Washington Post recently documented, thanks to some digging by attorneys, historians and neighbors of Trump's Mar-a-Lago Club, Trump signed an agreement in 1993 that turned Mar-a-Lago from a single family residence into a commercial club. It cannot be both at the same time under state law, despite Trump's recent assertion on a Palm Beach application for approval of a boat dock at his seaside club that the club was his "personal residence".

As the facts started coming out that Trump's claim to have moved his residence from New York to Florida last year was, in fact, unlawful, he quietly rescinded the application for a new dock this week. But he can't rescind the fact that he committed voter fraud in the state of Florida by falsely claiming residency there and then voting unlawfully in their March primary elections. If it was anyone else (any Democrat, anyway), charges would be brought. But, like former GOP superstar Ann Coulter, who also blatantly and knowingly committed voter fraud in Palm Beach, Florida (as The BRAD BLOG meticulously and indisputably documented years ago), Trump will probably find a way to eventually get off the hook for his voter fraud crimes as well. He shouldn't. Even if that means waiting until he's out of office to bring criminal charges against him. Republicans have jailed, fined, deported and otherwise thrown the book at others for far lesser election-related crimes in recent years.

That, as Trump is claiming a bogus (if unspecified) crime by former President Obama that he and Fox "News" have now dubbed "OBAMAGATE" in apparent hopes of tarring Trump's presumptive Democratic challenger, Joe Biden, somehow. The pretend scandal seemly has something to do with Trump's former National Security Advisor Michael Flynn, who twice pleaded guilty in federal court to lying to federal officials about his contact with Russian agents prior to Trump's inauguration and about being an undeclared agent of Turkey even while serving as National Security Advisor. But, despite Trump describing "OBAMAGATE" as the "biggest political crime in American history, by far!," so big, in fact, that it "makes Watergate look small time", neither the President nor Fox "News" seem to be able to explain either what the crime is, or why Trump says that his own Constitutional powers as President allow him to commit any crime he wants, while that same Constitution didn't apply to President Obama apparently (even as there is no evidence to demonstrate that Obama committed any such crime.) It was, however, quite amusing when a guest on Fox "News" recently pointed out that little problem with Trump's otherwise ingenious plan.

Then, we're joined by longtime, champion progressive blogger HOWIE KLEIN of Down With Tyranny to discuss Tuesday's Special Elections for the U.S. House in California and Wisconsin and a big win for progressives in Omaha during yesterday's primary elections in Nebraska. Progressive Democrat Kara Eastman trounced former Republican Ann Ashford, wife of former conservative Democratic Rep. Brad Ashford, to win the Democratic nomination for the U.S. House in Nebraska's 2nd Congressional District. Eastman will run against hard right Republican Trump loyalist Donald Bacon in November, after the incumbent Congressman defeated her by about 2 points in 2018. Klein argues that it sometimes takes a couple runs at it before progressive candidates are able to unseat incumbents. He believes Eastman, a strong supporter of a Medicare for All single-payer universal health care system, has a very good shot at flipping the seat from red to blue this year, fueled by the populist progressive grassroots support that lead to her landslide win on Tuesday

Meanwhile, the news was not as good for Democrats in the two U.S. House Special Elections yesterday. In Wisconsin's 7th Congressional District (so gerrymandered by Republicans that it stretches across 26 different rural counties!), Republican Tom Tiffany easily defeated Democrat Tricia Zunker by about 15 points. As Klein tells me, however, she did better than Clinton in that district, which went for Obama in 2008, Romney in 2012 and to Trump by about 20 points in 2016.

The most stinging loss of the night for Dems had to be in California's 25th Congressional District, where establishment-backed Democratic candidate Christy Smith appears to have lost to Republican Mike Garcia by about 12 points (at least with 82% of ballots now tabulated). This is the seat vacated late last year by freshman Democratic Rep. Katie Hill, who resigned amid a revenge porn and ethics scandal. Klein explains how and why the Democrats lost on Tuesday, and blames much of it on a lack of support --- and, at times, opposition --- from the conservative Democratic Congressional Campaign Committee (DCCC). That election, by the way, is the one that Trump and Republicans were pretending over the weekend was being "stolen by Democrats!"

As co-founder of the BlueAmericaPAC with Heather Digby Parton of Hullabaloo and John Amato of Crooks and Liars, Klein also details several progressive U.S. House candidates today who could use your support in upcoming primaries around the country. Several of them are facing contests with incumbent establishment Democrats over the next two months as nearly 20 different states have yet to hold their primary elections this year...

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Guest-host Nicole Sandler with 'Modern Monetary Theory' economist Stephanie Kelton, former Deputy Asst. Attorney General Lisa Graves...
By Nicole Sandler on 5/11/2020 2:12pm PT  

It's NICOLE SANDLER back again to guest-host today's edition of the BradCast. [Audio link to show is posted below.]

It's a crazy time in American history as, under the background of a global pandemic for which there is no cure, vaccine or treatment, we have an out-of-control President who hasn't got a clue how to handle the economic meltdown we're experiencing. So I called on my favorite expert to talk all things economic-- STEPHANIE KELTON! With all indicators showing that we've entered depression territory, the time is ripe for her forthcoming book, The Deficit Myth: Modern Monetary Theory and the Birth of the Peoples Economy.

And we have an out-of-control U.S. Attorney General in Bill Barr who last week moved to dismiss the charges against Trump's former National Security Advisor Michael Flynn --- charges to which he'd already pleaded guilty! I couldn't think of a better guest to call on than LISA GRAVES, who rose to Deputy Assistant Attorney General under Janet Reno in the Clinton administration, and is one of 2000 former DOJ officials signing on to a letter today asking Barr to resign...

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On the COVID outbreak in our nation's prison system and on $2.2 trillion created out of nowhere for the emergency relief bill…
By Brad Friedman on 4/13/2020 5:14pm PT  

We're off today, but we've got a BradCast 'RECOUNTED' for your listening pleasure, with two excellent recent interviews you may have missed. [Audio link to show is posted below.]

  • Then, my conversation on 4/8/2020 with former Alabama Gov. DON SIEGELMAN on the quickly deteriorating conditions at the Federal Correctional Institution at Oakdale, LA, where he served 5 years on a trumped up charge before finally being released in 2017, and where a tragic outbreak of COVID-19 is now said to be the worst of all the facilities in our federal prison system.

We're back tomorrow!

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An exclusive conversation with AL's former Dem Governor and former federal (political) prisoner; Also: Sanders suspends Presidential run...
By Brad Friedman on 4/8/2020 6:54pm PT  

On today's BradCast: Sanders is out, and a former federal prisoner tries to sound the alarm about deplorable and deadly conditions in our nation's prison system as coronavirus turns jail sentences, even for non-violent offenders, into death sentences --- not to mention the dangers posed to prison workers and their families in the bargain. [Audio link to show is posted below.]

First up: And then there was one. Vermont Senator Bernie Sanders announced the suspension of his Presidential campaign on Wednesday, leaving Joe Biden the last man standing from about 25 or so Democratic men and women vying for the 2020 Democratic Presidential nomination. In a live-streamed announcement, Sanders said he was leaving the race, though staying on the ballot in the remaining primary states (if they are ever able to vote amid the coronavirus pandemic) in hopes of leveraging as many delegates as possible at the Democratic National Convention (if it is ever able to happen) to continuing moving his progressive agenda forward. We share an extended portion of Sanders statement today, in which he announces his support for Biden, if not yet an explicit endorsement.

Next: While most Americans continue to hunker down in their homes and maintain physical distancing while outside of the home as COVID-19 cases and deaths continue to rise, there are millions held in state and federal prisons (as well as immigration detention centers) who are unable to physically distance themselves from others. The result, not unexpectedly, is an explosion of infections and deaths for both prisoners and prison staff around the country, even as some states have released thousands of non-violent offenders to try and ease over-crowding that is exacerbating the problem and turning incarceration into a potential death sentence for many.

Former Alabama Governor DON SIEGELMAN contacted us last week in hopes of trying to get the word out about the problem, including at the Federal Correctional Institution in Oakdale, Louisiana, where the former Democratic Governor (and "political prisoner") served five years of time before his long-overdue release in 2017.

The minimum security facility at Oakdale has seen an explosion of COVID-19 cases and, according to suspiciously low numbers being reported by the U.S. Bureau of Prisons (BOP), currently has more reported cases (35) and deaths (5) than any other federal facility. (Curiously, on its website, the BOP is reporting just 253 federal inmates and 85 BOP staffers infected as of today at more than 40 federal facilities across the country. At the same time, as the NYTimes reported this afternoon, the Cook County jail in Chicago alone has at least 387 cases linked to that one county facility.)

Siegelman, who has been in touch with some of his former cellmates who are now pleading for help, details the conditions that prisoners at the Oakdale facility are forced to live under. "The conditions at Oakdale were bad before the virus started," he tells me. "If people can imagine living stacked, one on top of the other, basically a warehouse."

He details one of the areas he was housed in that inmates call "the submarine room" because bunks are stacked three high and it is like living in a submarine. The bunks, he says, are "so close together you can actually reach out and touch the other inmates if you wanted to. It was so crowded. There's no ventilation. The doors are shut, the windows are locked. There's nothing to protect an inmate from breathing what other inmates exhale." With inmates "in such close proximity, there is no way to protect themselves from someone who has the virus, who is a carrier. For the virus, it's going to be like shooting fish in a barrel."

Siegelman explains that he has been told the facility has not made adequate changes to deal with the outbreak, which is why the ACLU has filed a lawsuit in hopes of allowing many of the non-violent offenders to be released from the facility. While that has happened in a number of state prisons, the federal system is moving intolerably slowly in taking any action at all. In many cases, Siegelman says, prisoners are locked up during pre-trial, before they've been found guilty of anything. In others, they are forced to stay in these dangerous conditions longer than they might otherwise, since many probation and parole boards have been unable to meet due to the pandemic.

He is calling for non-violent offenders, particularly those late in their sentences, to be released immediately. "My question is, why are they there in the first place? If they pose no threat to public safety, if they're non-violent offenders, if they have only a few months remaining on their sentence, if they are at risk because of health reasons, why not let them out? They should have been out already."

The once very popular southern state Governor served from 1999 to 2003, after serving as Alabama's Sec. of State, Attorney General and Lt. Governor. He was charged with bribery-related offenses in which he never received a dime on charges that more than 100 former Democratic and Republican state Attorneys General described as something that was never considered to be a crime until Siegelman was charged with it. He was sentenced by a federal judge who was later arrested and removed from the bench after being found to have beaten his wife.

The evidence suggests, as we've covered his story over the years on air at The BRAD BLOG, that it was a political prosecution which included major prosecutorial misconduct during the George W. Bush era, when Siegelman's Republican rival, Gov. Bob Riley, worked closely with longtime Alabama GOP operative Karl Rove to take him down by any means necessary. That included an almost-certainly stolen election on a Diebold optical-scan tabulator on which results were flipped against him in the middle of the night. All of which Siegelman details in his upcoming book, Stealing Our Democracy: How the Political Assassination of a Governor Threatens Our Nation.

For now, however, Siegelman is fighting for criminal justice reform and imploring listeners to "call your mayors, your governor, and Members of Congress to keep the pressure on to get these people out of jail and out of prisons that pose no public safety risk. They need to say that inmates that are non-violent, that pose no public safety risk, need to be released --- or at least placed in another facility where they are separate from other inmates. .... We would hope that the President of the United States would get on board and take this a little more seriously. But don't hold your breath."

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Guest: Slate's Mark Joseph Stern on that and pandemic affects on immigration courts, prisons and the Judiciary; Also: Statewide 'stay-at-home' mandates; Mask shortages and price gouging; More postponed primaries; and socialist Trump comes unglued at WH presser...
By Brad Friedman on 3/20/2020 6:57pm PT  

On today's BradCast: Governors in California, New York, Illinois and Pennsylvania are among the first to issue statewide "stay-at-home" orders, though more are likely to do so very soon as the nation begins to self-quarantine due to the coronavirus pandemic. But is it possible, legal or Constitutional that Donald Trump could exploit this serious public health crisis to postpone or cancel this November's critical Presidential election? We gets some legal and Constitutional answers to that question today and the answers are both comforting and not comforting at all. [Audio link to show is posted below.]

But first, CA Gov. Gavin Newsom, in a letter to Donald Trump, warned that, without mitigation efforts, including help from the federal government, as many as 56% of the Golden State's population (or 25.5 million people here) could become infected over the next two months.

At the same time, a shortage of personal protective equipment for health care workers has led to price-gouging by the nation's medical supply companies, according to a GA healthcare CEO who says he is being charged $7 a piece for critical masks that usually cost .58 cents each. But why do we even have a shortage, given that we've known about this matter for months and Trump has now supposedly invoked the Defense Production Act, allowing the federal government to commandeer manufacturing facilities to meet critical needs for the nation's security?

At the same time, just days after the Republican Party had been tarring the Democratic Party as "socialists", Republicans are now calling for major socialist giveaways to combat the COVID-19 crisis. In fact, Trump is even calling for the federal government to take ownership in private corporations that may soon be receiving yet another socialist bailout. That's right, according to the President, Republicans like him now support the very definition of socialism wherein the government takes control of the means of production.

Then again, based on the President's unhinged behavior at today's White House press briefing, which we share on the show, he may be losing track of reality even faster than previously.

All the while, states around the nation continue to postpone previously scheduled Presidential primary elections, with Connecticut and Indiana over the past 24 hours joining more than a half dozen states who have already done so. But, never mind the primaries. With a desperate, already-unbalanced President like Trump, would anybody be surprised if he attempted to invoke national emergency powers amid a global pandemic to try and cancel this November's Presidential election all together? And, if he wanted to, does either federal law or the U.S. Constitution allow him to do so?

Slate's ace legal and court reporter MARK JOSEPH STERN has been looking into that point which, he tells us, might have seemed crazy just a few weeks ago, but no longer. The short answer is no, Trump can't do it on his own, not without Congress agreeing. But there are enough "red" states with a mechanism for doing so that, under this Presidency, you'd be ill-advised to keep your guard down. He explains the no-longer-unimaginable circumstances that could occur.

He also details how the Trump Administration recently ordered immigration judges to remove CDC posters warning about the coronavirus epidemic from their courtrooms, as crowded detention centers become breeding grounds. Stern says that, at this point, with this crisis and some 50,000 jammed into crowded, unsanitary detention camps, "the entire system is in total disarray."

Stern has also been reporting of late on how it's not only the Executive Branch that has monumentally failed to take appropriate action for weeks to prevent the spread of the virus --- the Judicial Branch, headed up by U.S. Supreme Court Chief Justice John Roberts, has failed mightily on that score, as both courtrooms and prisons have turned into viral petri dishes over the past several weeks. "It is a mess, because the chief judge of every different district court is making these decisions on the fly," he tells me. "Unfortunately, people are still being exposed to this virus in federal courtrooms right now. "

But at least Roberts has cancelled oral arguments before his own Court this month, including cases regarding whether Trump must release his taxes to law enforcement officials and whether or not Presidential Electors in states across the country must, in fact, vote the way their state's have when those electors cast their lot with the Electoral College. That question --- if SCOTUS ever reconvenes and issues an opinion on it --- may play a key role in the question regarding the ability of this President to effectively cancel this year's Presidential election.

All of those issues, and many others today, in another don't-miss, news-packed BradCast!...

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

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Guest: FOIA plaintiff Jason Leopold of BuzzFeed News; Also: Good elections news regarding both the White House and Senate...
By Brad Friedman on 3/6/2020 6:19pm PT  

We enjoy a brief pause from our wall-to-wall election coverage of late on today's BradCast (if not entirely) to revisit the ongoing unraveling of the rule of law as we know it at the U.S. Dept. of Justice under Donald Trump's fixer Attorney General Bill Barr. [Audio link to show is posted at end of summary.]

Late on Thursday, a long-time U.S. District Court judge appointed by George W. Bush issued a blistering --- and perhaps unprecedented --- opinion, essentially describing the U.S. Attorney General as a liar. Judge Reggie Walton described Barr's characterization of the Robert Mueller Special Counsel's Report on the investigation into Russia's influence on the 2016 election, as "distorted" and "misleading".

He cited "inconsistencies" between Barr's description of the findings in Mueller's 381-page report before it was released in redacted form last year, versus the often-damning evidence actually revealed by the Special Counsel's probe. Walton declared that Barr's "lack of candor" called into question his "credibility and, in turn, the department's" reasons for redacting portions of the report in response to a Freedom of Information Act (FOIA) request for the full, unredacted text of the document.

"The inconsistencies between Attorney General Barr’s statements, made at a time when the public did not have access to the redacted version of the Mueller Report to assess the veracity of his statements, and portions of the redacted version of the Mueller Report that conflict with those statements cause the Court to seriously question whether Attorney General Barr made a calculated attempt to influence public discourse about the Mueller Report in favor of President Trump despite certain findings in the redacted version of the Mueller Report to the contrary," Walton said.

The unusually blistering opinion by a federal judge of a sitting U.S. Attorney General, challenging the credibility of DoJ prosecutors who, he felt, might be lying about the reasons for redactions in order to protect Barr's earlier false claims (that Mueller found no evidence of collusion and was unable "to establish that the President committed an obstruction of justice offense" --- all lies) is being cited by former prosecutors as "indicative of the fabric of the justice system deteriorating".

Judge Walton has now ordered the DoJ to privately reveal to him what is under the redactions that the government is claiming are related to national security and other lawful exemptions from FOIA requests.

We're joined today by BuzzFeed News investigative journalist JASON LEOPOLD, who filed the FOIA request in question and has now been forced to sue with the Electronic Privacy Information Center (EPIC) to challenge the validity of the DoJ's redactions. Leopold tells us he's filed "well over 3,500" such requests, having sued the government "70 times" to force them to follow the law, but says he has never seen anything like the response unleashed by Walton (who has presided over other suits brought by Leopold as well.)

In other similar litigation, Leopold explains, judges tend to simply defer to claims by prosecutors. If they say there is good reason to keep the material redacted, judges do not tend to question them. "It's rare, it's very rare that a judge will actually say 'let me take a look at this and make a decision'." But, Leopold tells me, he has noticed Walton increasingly losing patience with the Department in recent months. "He's become very, very frustrated and sees this as politicization...and therefore, he just can't take their word that these redactions are justified and followed the law."

When I ask if Walton's charge that Barr was "lacking in candor" is a polite way for the judge to say he may be lying, Leopold says "not 'may be' lying --- is lying!," according to his reading of the federal jurist's opinion.

"This is a very important opinion," he argues, "because you're going to see this opinion cited in other Freedom of Information Act cases, when they go to court to say that the withholding of records, that there's questions about whether there's politicization behind that, and that Barr is the person who presides over this department and simply doesn't have credibility." Leopold continues: "This doesn't just disappear. It doesn't just go away. This is in the record. This is a case that people can cite. Barr has really damaged the reputation of the Justice Department."

All of which serves as a helpful reminder of the importance of removing this dangerous Administration from office this November, no matter who ends up becoming the Democratic Presidential nominee. On that important point, and on the likelihood of Democrats winning back the Senate this year, we've got some encouraging news today --- presuming voters who oppose Trump can come together.

And, after that, some less encouraging news as we're joined by Desi Doyen for our latest Green News Report...

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

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Special coverage with guests David Bender and Jodi Jacobson...
By Brad Friedman on 2/20/2020 5:43pm PT  

Washington Post called it a "fiery...two-hour free-for-all that sizzled with animosity." New York Times reported "candidates turned on one another in scorching and personal terms". Associated Press declared it a "debate night brawl" that "threatened to further muddy the party's urgent quest to defeat Presidential Donald Trump".

On today's BradCast [audio link posted below], we dive in to those murky and troubled waters to make sense --- where there is room to make it --- of the raucous Democratic Debate in Las Vegas on Wednesday night in advance of Saturday's Nevada Caucuses, next Saturday's South Carolina Primary and March 3rd's Super Tuesday Primaries in more than a dozen states just three days later.

The melee at the Paris Hotel and Casino featured VT Sen. Bernie Sanders, former Veep Joe Biden, MA Sen. Elizabeth Warren, MN Sen. Amy Klobuchar, former South Bend, IN Mayor Pete Buttigieg and, in his first-ever appearance in a 2020 Presidential debate (despite not even being on any ballot until March 3rd), former Republican NYC Mayor turned Democratic billionaire candidate Michael Bloomberg --- who did not, I think its fair to say, receive a very warm welcome from his fellow contenders.

We're joined today for special coverage of as much of the wild evening as we can fit in, by former Editor-in-Chief of Rewire.news, JODI JACOBSON and longtime activist, reporter, author and documentarian DAVID BENDER, Political Director of the Progressive Voices Network. While slightly more collegial, suffice to say our coverage of Wednesday night's forum was no less challenging at times than the debate itself on several different levels.

Jacobson: "I'm a little shocked at everybody having vapors over this. I think it's past time. For crying out loud, we're facing existential crises of so many kinds. We're facing a true threat to our democracy, which is being dismantled daily...We've got climate crises bearing down on us...And I am not clear why people don't think we should be angry and we should be fighting hard."

Bender: "What I saw last night in this debate is a very, very happy Donald Trump...As Jodi said, we're facing an existential threat to the country, and what we've got to deal with it is a circular firing squad. I've been to every convention since 1968, and let me say, this is absolutely par for the course when Democrats get to a place when they're trying to take one another out and forget that there is something much larger."

That's just the tip of our special coverage iceberg today. Hopefully, it is at least as interesting and perhaps even more enlightening than the Dems' 9th 2020 Presidential Debate last night in Vegas. We'll let you decide. Please tune in for some fascinating insight, occasionally frustrating confrontation, and a whole lot of well-informed opinion...

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

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