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Latest Featured Reports | Saturday, July 27, 2024
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A spate of GOP pol scams, indictments and inappropriate pardons from D.C. to GA to MI and beyond; Also: Are Congress and corporate media finally waking up to our woefully insecure, non-overseeable elections?...
By Brad Friedman on 5/16/2019 7:04pm PT  

It's hardly breaking news at this point, but the GOP and its politicians now represent little more than a complete culture of corruption from top (Donald Trump) to bottom (find a state, pick an elected Republican). Among the tiny sampling of new stories covered on today's BradCast which bear that out. [Audio link to full show is posted below]...

  • The EPA's Office of Inspector General finds that disgraced former EPA chief Scott Pruitt owes tax-payers at least $124,000 for improper first-class flights and fancy hotels from during just 10 months of his reign before he was ultimately forced to resign. That, among nearly $1 million misappropriated for unnecessary, improperly approved security personnel and staff travel. The agency says it has no intention of asking Pruitt, who is now working for coal companies, to repay the money, of course;
  • But, since a fish rots from the head down, it's only appropriate to note that Donald Trump, on Wednesday evening, pardoned his billionaire pal and business partner, Conrad Black, who spent three years in jail on fraud and obstruction of justice charges after bilking millions from investors in his media company. But, he then said nice things about Trump in 2015 and has since written a book that fawns over the President titled Donald J. Trump: A President Like No Other. So, he's now officially pardoned by the President! Trump also pardoned Patrick Nolan, a former GOP leader of the California state assembly yesterday. Nolan was convicted on federal racketeering charges, but he recently criticized the Mueller investigation on behalf of the American Conservative Union, where he now works, so he gets a pardon too!;
  • The Republican Culture of Corruption hardly ends in D.C., however. On Tuesday, Georgia's newly elected Insurance Commissioner Jim Beck was indicted on 38 felony counts of mail fraud, wire fraud, and money laundering. Before reportedly being elected on Georgia's 100 percent unverifiable voting systems last November, Beck allegedly used a fraudulent scheme to embezzle money from a state-run insurance association he ran through several private companies he ran and then to the Georgia Christian Coalition. He has refused to resign but, on Thursday, the state's new (and similarly corrupt) Republican Governor Brian Kemp "suspended" him, whatever that means, while Beck fights the 38-count federal indictment;
  • In Michigan on Wednesday, state Rep. Larry Inman was indicted on charges of attempted extortion, soliciting a bribe and lying to the FBI. (Trump better have plenty of ink in his pardon pen!) According to text messages included in the indictment, the GOP super-genius texted a union rep for contributions in exchange for his and his colleagues votes against a measure that would repeal a law requiring union wages, along with the text message: "We never had this discussion";
  • But, of course, there are dirty Dems as well. But Republicans are so corrupt these days, they are even letting THEM off the hook...for some odd reason. A high-profile law firm in Boston was found by Federal Elections Commission staff investigators to have unlawfully reimbursed its attorneys for campaign contributions to Democrats to the tune of more than a million dollars in donations. The FEC lawyers recommended a further investigation to the FEC Commissioners, but they voted 2 to 2 on party lines to end the case without any further probe. You'll be shocked to learn the 2 Republicans on the Commission voted AGAINST the further probe, while the Democrat and Independent appointees both voted in favor of it. FEC Chair Commissioner Ellen Weintraub, the lone Democratic appointee, told the Boston Globe: "In every case, it doesn't matter whether Democrats or Republicans are subject of the complaint, the Democrats want to enforce the law and the Republicans don't. It's an ideological opposition to enforcing the law." That sounds about right. It's a Republican Culture of Corruption;
  • Next, a bit of a follow-up to our interview yesterday with 30-year Leon County, Florida Election Supervisor Ion Sancho, after news broke this week that the election systems of two Florida counties were said to have been penetrated by Russian Intelligence prior to the 2016 Presidential election, according to the FBI. The Bureau is currently forbidding state officials, and now members of Congress, from informing the public about which counties those are and if, in fact, there are more of them. Florida's U.S. House delegation is hopping mad about it all, as was Sancho yesterday. It should also be noted here that Florida's Republican Sen. Marco Rubio was told about much of this last year, as a member of the Senate Intelligence Committee, but said nothing even as his fellow Senator from Florida, Democrat Bill Nelson, also then an Intel Committee member, was excoriated before last year's election for noting publicly that Russia had penetrated the Sunshine State's electoral system. He was right. But Rubio said nothing as Nelson was portrayed as an insane old conspiracist. In the bargain, Nelson ended up narrowly losing (according to FL's unverified results) to Rick Scott, the state's then Republican Governor;
  • All of this mess, at least, has resulted in at least a few Republican and Democratic officials suddenly becoming alarmed about the dangers posed by vulnerable computerized voter registration and tabulation systems that cannot be overseen by the public to assure they have not been manipulated by hackers and have reported election results as per the voters' intent. George W. Bush's former cybersecurity czar Richard Clarke appeared on yesterday's Last Word with Lawrence O'Donnell to make that case, and to warn about the dangers of electoral manipulation from foreign sources that awaits in 2020. We share a clip and note that it's not only foreign sources such as Russia we must be concerned about. But, hey, after more than 15 years of our yelling and screaming about exactly these issues, at least a few elected officials and folks in the corporate media are finally beginning to notice. A little. Whether they have any clue regarding what to do about it is a separate matter all together. So, we'll keep shouting;
  • Finally Desi Doyen joins us for our latest Green News Report with disturbing news following last year's historic deadly fires in California, new evidence that our climate crisis is worsening (and that Exxon knew precisely about where we'd be today decades ago), and some other "impossible" news worth tuning in for...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Leon County's 30-year veteran Election Supervisor tells us FBI lied about hacks in 2016; Rubio covered up in 2018; FL ballots will be unverifiable in 2020; calls NSA 'leaker' Reality Winner a 'heroine'; warns new GOP law means 'Jim Crow' has returned to the Sunshine State
Also: Trump's Iran war threat; AL bans almost all abortions; NC-9 do-over candidates set...
By Brad Friedman on 5/15/2019 6:59pm PT  

It seems that even Republicans in Florida have finally been forced to notice/admit what we've been pointing out about the 2016 election for years now. And our guest on today's BradCast, a longtime county elections chief from the Sunshine State, is none too happy about any of it. He offers several serious-as-a-heart-attack warnings about 2020 in the bargain. [Must-listen audio link to show is posted at end of article.]

But, first up today, the nation and world continue to pay a dangerous and painful price for whatever did or didn't happen that resulted in the election of Donald Trump in 2016. The Administration continued to ratchet up their threats of war against Iran on Wednesday by ordering all nonessential U.S. Government staff out of Iraq, citing unspecified and publicly unsupported claims of threats from Iran. The face-off clearly comes from Trump's ill-considered decision to pull out of the 2015 Obama Administration-brokered, seven-nation nuclear agreement which had effectively ended Iran's nuclear program. Though even the Trump Administration conceded Iran has been faithful to the anti-nuclear pact, Trump withdrew the U.S. and re-imposed crippling sanctions. He's now threatening war, for reasons that nobody seems to understand, and has deployed war ships and bombers to the tinder-box region.

Back at home, Trump's stolen U.S. Supreme Court has inspired dozens of new anti-abortion laws in state after state. On Wednesday, Alabama Gov. Kay Ivey signed the most draconian measure yet, a bill that would outlaw almost all abortions, including in cases of rape and incest, while jailing doctors who perform the (currently) Constitutionally-protected procedure for up to 99 years. The new law, adopted on Tuesday by the male-dominated state Senate and signed less than 24 hours later, would not only force women to carry the child of their rapists, it could also penalize doctors more harshly than the rapists. The ACLU has vowed to challenge the law which would require even pregnant 11-year old rape victims to carry their baby to term.

In North Carolina on Tuesday, Republican primary voters selected their candidate to run against Democrat Dan McCready in the do-over election for the state's 9th U.S. House Congressional District after the Republican candidate and Baptist Minister Mark Harris was discovered to have hired a GOP contractor who carried out a massive Absentee Ballot Fraud Scheme last November. The 10-candidate GOP primary resulted in hard-right, Trump-loving state Senator Dan Bishop being selected to run against McCready in September's do-over election. Bishop is the author and lead sponsor of NC's infamous 2016 law restricting bathroom access for transgender people.

But, as the nation and world continue to pay the price for Trump's nightmarish Presidency, new questions emerge (or, at least, are finally being noticed by Republicans) regarding his own supposed 2016 election victory. On Tuesday, Florida's new Republican Governor Ron DeSantis acknowledged the FBI notified him that election systems in at least two different Florida counties were infiltrated by by Russian intelligence in advance of the 2016 election. He says the FBI has barred him from publicly stating which two counties those are.

The news comes on the heels of similar (and similarly vague) allegations detailed in the redacted Special Counsel report [PDF] from Robert Mueller (see Volume II, page 50, "Intrusions Targeting the Administration of U.S. Elections"), as well as public claims in 2018 made by Florida's then Democratic U.S. Senator Bill Nelson. Nelson's assertions about Russian access to the state's elections systems were publicly ridiculed at the time by then Gov. Rick Scott and other GOPers, even though Florida's Republican U.S. Senator Marco Rubio was told about the same information at the same time as Nelson in the Senate Intelligence Committee. Scott would go on to narrowly defeat Nelson for the Senate seat in 2018 and Republican DeSantis is said to have narrowly edged out Democratic gubernatorial candidate Andrew Gillum on the same day. Both races were so close they resulted in unprecedented statewide "recounts".

However, as our guest today, 30-year veteran Leon County, FL Supervisor of Elections ION SANCHO explains, "recounts" in Florida amount to little more than running the same paper ballots through the same optical-scan computers which tallied them --- either correctly or incorrectly --- in the first place. Sancho, the legendary elections chief in Tallahassee, the state's capital, was so well-respected by all sides that he was tapped in 2000 to oversee FL's notoriously aborted Presidential recount that year. He is furious today about DeSantis' announcement, the secrecy behind which are the counties that were penetrated (he retired after the 2016 election), and explains that he was lied to by the FBI when he was told, during a then confidential conference call with Bureau officials in 2016, that "no county had been hacked" in the run-up to the election.

"The Justice Department has continued to obfuscate and lie about this situation from the very beginning. I was on a confidential call on September 30, [2016] in which all 67 election officials here in this state, and the state election officials, were informed by the FBI that no county had been hacked. The state hadn't been hacked. They told us that. And we now know, from the documentation that's been released through The Intercept and Mueller, that was false. We now know from the documentation, some time in early August [of 2016], the successful penetration occurred."

Sancho also now questions whether there were more than two counties penetrated and says he has no reason to trust the claims by either DeSantis or federal officials that election results were unaffected by the attack. "Here's the crazy thing about it," he tells me, "the Russian GRU knows which counties they've penetrated. The only people that don't know are the election officials and the citizens and voters of the state...it's time the American citizenry, particularly Floridians, figured out that information."

He also hails NSA whistleblower Reality Winner as a "heroine" for alerting the world to documents revealing that the Russian GRU had penetrated elections systems in Florida (and possibly elsewhere) via coordinated spear-phishing attacks that allowed them access to voter registration and website election results reporting systems made by VR Systems, a private election systems vendor with contracts in dozens of U.S. states. Winner is currently serving 5 years in federal prison for having leaked those documents to The Intercept in 2017.

Sancho demands to know "why Homeland Security decided to keep critical information from state and local election officials" for so many years. "Why weren't we told?" He also furious at Rubio and other Republicans for their treatment of Nelson when he tried to blow the whistle himself last year. "Nelson was vilified as being old and senile for saying such a ridiculous thing. And actually he was right...And quite frankly, the individual whose stock falls in my eyes is Senator Rubio, who confirmed what Sen. Nelson said, only after the election. He could have told the truth, and said that Sen. Nelson is raising a valid point. He kept his mouth shut. He put his party over this nation, and we are poorer for it today."

As to the security of the state's election systems as we head into 2020, he warns that "Florida is not well protected," adding a chilling note: "You do a reconnaissance before a major attack," he tells me, "and I don't think we've had the major attack yet."

Sancho has plenty more to say regarding Florida's move to unverifiable computer-marked paper ballots in advance of the upcoming Presidential election, and much more that I hope you'll click below to tune in for. There's simply too much to fully summarize here.

But one last point for now. Sancho also offers his thoughts today on the recent measure passed by GOP state lawmakers to undermine Florida's Constitutional Amendment 4 which was adopted by nearly 65% of statewide voters last November, allowing some 1.5 million former felons in Florida who have completed their prison sentences as well as all parole and probation, to have their voting rights restored. The new GOP measure, which awaits DeSantis' signature, would bar those newly-eligible voters --- including more than 20% of the states African-American voting-age population --- from registering to vote unless all court-imposed fines and fees are paid.

"What the Republicans did was reprehensible," Sancho rails, arguing that the bill contradicts "the overwhelming, clear language" of the statewide constitutional ballot measure. Many have described the new GOP bill as a poll tax. Sancho calls it more "cash register justice", as it will allow those with money to vote, but not those without. "This is clearly restricting the right to vote based upon who can afford to pay. Jim Crow has been reestablished in Florida."

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Pompeo plunders Arctic for U.S.; Trump pardons war criminal murderer; White House blocks subpoenaed McGahn docs; Too much more...
By Brad Friedman on 5/7/2019 6:52pm PT  

Before we get to our Constitutional Crisis update on today's BradCast, we offer an update on our Climate Crisis, which the rogue Trump Administration has been busy exacerbating in the Arctic this week, to the horror of other Arctic nations. And, yes, our continuing national Gun Crisis returned to the headlines (did it ever leave?) with breaking news of another school shooting today in suburban Denver. [Audio link to show is posted below.]

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

  • Trump Sec. of State Mike Pompeo stunned fellow Arctic Council members in Finland on Monday, with a speech in which he appeared absolutely giddy about economic opportunities emerging from the quickly thawing Arctic. Without once mentioning the phrase "climate change" in his 2,400 word speech, Pompeo cited "opportunity and abundance" for those able to exploit previously frozen and untapped oil and mineral reserves in the otherwise pristine Arctic, not to mention "fisheries galore" and thawed "passageways" for travel and commerce that could turn the Arctic into a "21st century Panama Canal". The remarks, reportedly, came as a shock to other representatives of the Council's nations, there to discuss protection of the melting Arctic from political and economic threat.

    But on Tuesday, things got worse as the U.S. refused, for the first time, to sign a group agreement on challenges facing the Arctic due, according to Reuters, to discrepancies in the agreement over climate change wording, jeopardizing cooperation among participating countries as the Arctic continues to warm at nearly twice the pace as the rest of the planet;

  • Back in D.C., Donald Trump stunned the legal and military community with the Monday night pardon of a former U.S. Army lieutenant sentenced by a 2009 court marshal to 25 years in prison for the murder of an Iraqi civilian in 2008. Michael Behenna was granted Executive Clemency by Trump for the gruesome killing in which Behenna was found, according to military prosecutors, to have taken "the victim out into the desert in Iraq, stripped him naked, interrogated him while he had his Glock piston pointed at him, shot him in the head, shot him in the chest, killing him at that time," all outside of a combat zone and in defiance of both orders and the military code of justice. So, Trump has moved from sending political messages with the pardons of those who obstruct federal court orders, like the disgraced former Arizona Sheriff Joe Arpaio, to granting Executive Clemency to murderous war criminals. Got the message?;
  • Before we move on to today's Constitutional Crisis update, an interesting background development, as Attorney General William Barr's Justice Department announced over the weekend that it had arrested and charged a Virginia man who served as an FBI linguist on counts of "obstructing a federal investigation and making multiple false statements to FBI officials". Of course, Barr has been famously arguing of late --- in regard to President Trump --- that, since Special Counsel Robert Mueller did not find enough evidence of criminal cooperation between the Trump Campaign and Russia during his investigation into 2016 election interference, Trump could not possibly be guilty of obstructing that investigation. With no underlying crime, Barr's legally unsupportable theory goes, there can be no obstruction of the investigation into those crimes. In the case of the FBI's cunning linguist, however, obstruction charges were filed with no underlying crime, according to a former federal and state prosecutor;
  • In related news, there are now some 500 former federal prosecutors (actually, over 700 now, since checking after the show), both Republican and Democratic, who have signed onto an open letter declaring that, based on the evidence revealed by the redacted Mueller Report, Trump would have been charged with multiple counts of felony obstruction, had he been a private citizen;
  • Then, the latest news in the multiple Constitutional showdowns between the Administration and Congress, including Treasury Secretary Steven Mnuchin's refusal to answer the Ways and Means Committee's statutory demands for the IRS Commissioner to turn over several years of Trump's tax returns and Barr's refusal to respond to a lawful Congressional subpoena from the House Judiciary Committee to turn over Mueller's unredacted report and its underlying evidence. With a vote on contempt by the AG still scheduled for Wednesday in the Committee, it seems a good time to look back at the case made by House Republicans in 2012 for a contempt vote against President Obama's then-Attorney General Eric Holder, including speeches from a number of GOP lawmakers incensed at the time for the DoJ's failure to turn over subpoenaed documents, which they then described as unlawful disdain for both the rule of law and the Constitution. But that was then;
  • And, with both Mnuchin and Barr facing potential contempt citations, it was former White House Counsel Don McGahn's turn in the barrel today, as the White House stepped in to block his production of subpoenaed documents that he had long ago shared with the Special Counsel --- thus waiving the White House's opportunity at the time to invoke Executive Privilege to block the release of the documents now along with McGahn's testimony, according to largely every legal expert who doesn't work at the White House. (Though even some of those lawyers, according to WaPo, see the Administration's belated attempt to invoke the privilege now as legally dubious.) As that legal wrangle plays out, McGahn's next difficult decision will come on May 21, when he has been subpoenaed by the Judiciary Committee to appear for testimony as a witness to numerous incidents of criminal obstruction by the President as detailed in the Special Counsel's redacted report;
  • Finally, Desi Doyen joins us for the latest Green News Report focused on the alarming landmark study released by the U.N. this week finding that human develop, consumption and exploitation is now threatening the extinction of some 1 million plant and animal species, a report that was released before Pompeo even arrived in the Arctic this week to dance on --- and plunder --- its melting grave...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Dems call for Trump A.G.'s resignation, impeachment, may cite with contempt; Also: Hillary, Trump FBI chief warn of 2020 election theft...
By Brad Friedman on 5/2/2019 5:59pm PT  

On today's BradCast: Following a shameful performance in the Senate Judiciary Committee on Wednesday, Trump's Attorney General (and personal fixer) William Barr failed to even show up for his testimony in the House Judiciary Committee on Thursday, as calls for his resignation increase and as both Trump's FBI Director Christopher Wray and Hillary Clinton issue similarly warnings about the possibility of a stolen election in 2020. [Audio link to show is posted below.]

While some so-called "moderate" Democrats are only now having second thoughts about having voted for the confirmation of Trump's new A.G. following revelations this week of a letter from Special Counsel Robert Mueller to Barr complaining that he had misrepresented the Special Counsel's two-year report to the American people, other Democrats, including many running for the 2020 Presidential nomination are calling for Barr to step down. When even Chris Wallace of Fox "News" calls out a Republican --- and the "opinion people who appear on this network, who may be pushing a political agenda" --- you know that Republican must have done something very bad.

At a press conference today, House Speaker Nancy Pelosi described Barr's sworn Congressional testimony in early April as a crime, citing his statements that he had no idea how Mueller and his team felt about the 4-page letter Barr had released, inappropriately clearing Donald Trump of obstruction of justice, despite the probe detailing at least 10 instances when the President appears to have done just that. "What is deadly serious is that the attorney general of the United States of America was not telling the truth to the Congress of the United States. That’s a crime," Pelosi asserted, adding: "If anybody else did that, it would be considered a crime. Nobody is above the law, not President of the United States and not the Attorney General."

At the same time, Barr failed to show up for a hearing in the House Judiciary Committee today, after previously agreeing to testify. He changed his mind after facing tough questions at yesterday Senate Hearing, while citing the House panel's decision to allow staff counsel to ask questions as the reason for bowing out. The Committee's Chair Rep. Jerrold Nadler, during his opening remarks before Barr's empty witness chair, slammed the A.G. for a "lack of candor" and of having "misrepresented the findings of the Special Counsel." Nadler accused him of "failing to check the President's worst instinct", for having "failed to protect the Special Counsel's investigation from unfair political attacks", for having "failed the men and women of the Department of Justice", adding that "he has even failed to show up today." Democratic members of the panel mocked Barr's absence by munching on KFC and placing a toy plastic chicken in front of his witness name tag. While he didn't yet move to hold the nation's top cop in contempt of Congress, he suggested that may happen soon.

As we wait for Democrats to take real action to hold either Barr or Trump accountable, on MSNBC's Rachel Maddow Show Wednesday night, the 2016 Democratic Presidential nominee Hillary Clinton warned that "unless we know how to protect our election from what happened before and what could happen again," even the very best Democratic candidate could lose in 2020, due to the ongoing threat of foreign interference.

The former Democratic Senator and Secretary of State's comments echoed those recently offered by Trump's own FBI chief Christopher Wray. Last week, during comments at the Council of Foreign Relations, Wray claimed "enormous strides have been made since 2016 by all the different federal agencies, state and local election officials" and others," but said he is viewing whatever happened in 2018 as a "dress rehearsal" for "the big show in 2020".

We explain what both Clinton and Wray got right and wrong in their warnings and how, despite Clinton's stated concern that she might "scare" people with her language, voters should, in fact, be very worried about 2020, as jurisdictions around the nation are being allowed to implement new systems in advance of the next Presidential election that are even more difficult for the public to oversee (and thus, prevent manipulation) than many of the voting and tabulation systems they are replacing.

Finally, Desi Doyen joins us for the latest Green News Report with details on new climate action plans from Presidential hopefuls Beto O'Rourke and Cory Booker, some good news from voters regarding climate concerns, bad climate change news for Jakarta and Washington D.C., and some good news for residents of New York State...

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Guest: The Intercept's Akela Lacy on Admin approval for religious discrimination; Also: Kushner was rejected for top secret clearance, but granted it anyway; Stone arrested and charged in Florida...
By Brad Friedman on 1/25/2019 6:39pm PT  

On today's BradCast: Why Donald Trump finally buckled in his demand for border wall funding and how the unprecedented government shutdown helped distract all of us from the Administration's new policy that endangers children by officially allowing blatant religious discrimination --- at least against religions other than Protestant. [Audio link to show follows below.]

On Friday, Trump caved. He finally agreed to reopen the federal government --- at least temporarily --- after five weeks and the longest shutdown in U.S. history. He pretended he'd made a "deal" with Democrats. In fact, he simply agreed to continue funding the government at its previous levels until February 15. He received zero dollars for his border wall in the bargain, while suggesting during bizarre, inaccurate and, at times, graphic remarks at the White House that, without some sort of "deal" for a wall, he would either shut the government down again in three weeks or declare a "national emergency" to take the money to build it from elsewhere.

There were many reasons Trump finally buckled today, including increasing anger from lawmakers in his own party, plummeting poll numbers, news that the IRS was in "panic mode" without enough workers as tax season begins, and flight delays up and down the Eastern Seaboard thanks to a shortage of Air Traffic Controllers, according to the FAA. But there were at least two stories that the Administration, no doubt, was eager to get off the front pages today and over the weekend.

One, a stunning report from NBC News Thursday night that Trump's son-in-law and senior advisor Jared Kushner had been rejected for top secret clearance in 2017, for a host of reasons, by two career security professionals at the White House, only to have that security recommendation overruled (along with similar rejections for "at least 30" others!) and granted to him by a Trump appointee. Also, Trump's longtime supporter and dirty trickster Roger Stone --- who helped lead the "lock her up!" charge against Hillary Clinton with the release of hacked emails by WikiLeaks --- was arrested in Florida on Friday morning by FBI officials and charged with seven counts of lying to Congress, witness tampering and obstruction of justice by a grand jury convened as part of Robert Mueller's Special Counsel probe. Following the GOP's fake "outrage" about national security concerns related to Clinton's private email server, which Stone helped amplify, there's no small amount of irony here with his arrest on the heels of news that the Trump Administration appears to have forgone top level security concerns altogether in order to allow Kushner and others access to the nation's most closely guarded intelligence materials.

Trump's "deal" to temporarily reopen the government may have served to change the news cycle for a few hours, but it didn't endear him to Republican extremists like Ann Coulter, whose critiques late last year led Trump to break his agreement with lawmakers and demand $5.7 billion for a southern border wall resulting in the five week shutdown. Today she deried him as "the biggest wimp ever to serve as President."

While all of these nightmares have been unfolding in recent weeks, few noticed that the Trump Administration's Health and Human Services Department quietly approved a very controversial waiver to allow a Protestant South Carolina group called Miracle Hill Ministries to discriminate against Muslims, Jews, Catholics and atheists in the placement of foster care children. We're joined by criminal justice reporter AKELA LACY of The Intercept today to explain this very real and disturbing outrage which very few have noticed, and how the Administration's partnership with "Religious Right" Republicans under the guise of "religious freedom" is now officially sanctioning religious discrimination in the U.S.

"South Carolina is saying that the foster care statute in HHS rules and regulations does not specify religion as a characteristic on which they are not allowed to discriminate. They say that the foster care program statute says that agencies that receive federal funding can't deny parents based on race, color or national origin, but that because that statute does not specify religion, the request that Miracle Hill accept these families is outside of the law," Lacy tells me, noting that state law in South Carolina bars this sort of discrimination, as do federal non-discrimination laws that the Administration appears to be ignoring.

"The other really scary part of this," she notes, "is that, aside from these individual waivers, eighty Republican lawmakers signed a letter to the President in May asking for even further repeal of these federal protections against discrimination. So this is not just something that is being advocated for on a state-by-state basis. This is a quiet effort from the right to change these rules in the interests of mostly Christian organizations."

Describing a similar waiver request from Texas --- which also seeks to allow discrimination against LGBTQ families as well --- she says (real) advocates of religious freedoms and civil liberties fear the South Carolina precedent is likely now to spread to other states, other federal agencies, and other matters that reach well beyond foster care while much of the media continue to be distracted with the ongoing Trump chaos...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 1/24/2019 11:22am PT  


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IN TODAY'S RADIO REPORT: Greenland ice melt is reaching a 'tipping point', new study warns; Was 2018 a record hot year? We don't know because of Trump's government shutdown; Overwhelming majority of Americans are now concerned about climate change; PLUS: Teen climate activist Greta Thunberg shakes up World Economic Forum in Davos... All that and more in today's Green News Report!

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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): Climate Change Making Us Sicker And Shortening Our Lives, Doctors Say; How Brands Think They Can Make a Buck off Climate Change; Google, Facebook, and Microsoft Sponsored a Conference That Promoted Climate Change Denial; New Bud Super Bowl Ad features Wind Turbines; Bees Face Yet Another Lethal Threat In Dicamba; Illinois joins states committed to carbon-emission reduction; U.S. Oil Production Is Set to Rise as Experts Say Fossil Fuels Need to Be Phased Out... PLUS: 3 Newborn Endangered Right Whales Inspire Hope for Species... and much, MUCH more! ...

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Guest: Ricky Garza of Texas Civil Rights Project on Trump's Rio Grande land grab; Also: Historic shutdown fallout across the nation, and an impossible (but real!) 60-year old warning about 'Trump' and his 'wall'...
By Brad Friedman on 1/11/2019 6:34pm PT  

On today's BradCast: Donald Trump's federal government shutdown is the now the longest in U.S. history and landowners in Texas are fighting to keep the federal government from stealing their land even before Trump shakes down the U.S. Treasury somehow for $5.7 billion. Also, we might have avoided all of these messes had we only paid attention to a remarkably prescient warning from a 1958 episode of an obscure television show on CBS. [Audio link to show follows below.]

On Friday, some 800,000 furloughed federal workers missed their paychecks, after hundreds of them protested the shutdown, lockout, "shakedown" outside the White House as they are having trouble paying rents, mortgages and for food and medical needs. Nonetheless, Trump continues to threaten a "national emergency" declaration to force the funding of his long-promised southern border wall with money the Administration is considering taking from U.S. military disaster relief funding earmarked for hurricane and fire-ravaged states like Florida, Texas, California and dozens of others.

House Democrats (and a handful of Republicans) continue to vote to reopen the government --- or, at least, some of its various agencies which have nothing to do with immigration or a wall --- while Republican Senate Majority Leader Mitch McConnell refuses to allow a vote on same in the upper chamber, even for identical bills to the those passed virtually unanimously there last year. Airports are being forced to enact closures for lack of TSA personnel, the nation's foods supply is going untested by the FDA for contamination, FBI agents are sending letters to the White House and Congress describing the furlough of thousands of special agents as a national security threat, and federally subsidized HUD housing for the elderly and poor is being forced to do without.

Meanwhile, down in Texas, in the Rio Grande Valley, even before Trump receives the $5.7 billion he is demanding for hundreds of miles of new border wall/fencing, property owners are receiving letters from the federal government to begin the process of eminent domain. Families who have lived on the banks of the Rio Grande for generations are being threatened with having their homes taken away to pave the way for the construction of Trump's wall. Even an historic, 150-year old Catholic mission chapel on the banks of the river --- and on the city seal of Mission, TX --- finds itself in a legal battle with the federal government to remain in place.

We're joined today by RICKY GARZA, Rio Grande Valley native and staff attorney for the non-profit Texas Civil Rights Project. As Trump came to the area for another photo-op on Thursday, Garza is working to help hundreds of local property owners in the valley understand their legal rights to fend off a government takeover of their land and homes.

Garza scoffs at the President's claims of "crisis" conditions in what he describes as a "diverse region of over a million people that lives and dies by the water that comes from the river," but which may soon be cut off from it entirely. "The only crisis that exists now is artificially created by this administration," he tells me. "The only time I heard any talk about a crisis along the border was when I turned on cable news."

"Polling consistently shows that an overwhelming majority of people that actually live and work on the border oppose the border wall, and oppose the militarization of our communities," he says.

"What we're seeing on the ground is that people are having their lives interrupted by this intrusion into the borderlands by the federal government and border militarization. We've seen a decrease in apprehensions along the border, yet an increase in Border Patrol hiring, staffing and construction of things like the border wall, erections of things like security towers along the areas close to the river, and aerostat blimps that were formerly used in Iraq now deployed in some neighborhoods to surveil the border, and implicitly, all of us," Garza laments. "It's just another sad example of the federal government failing to understand the realities of life on the border, and what it's really like for us, just trying to live our lives in peace."

Finally today, a few minutes from a gob-smacking episode of the 1958 CBS Television series called Trackdown in which --- and this is for real --- a colorful con-man named "Trump" (seriously!) comes to town and tries to tell its gullible, terrified residents that only he can save them...by selling them on a "wall" to protect them from total destruction!!!...

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Guest-host Angie Coiro on the shutdown, the wall, Election 2020, and the legacy of Harry Reid --- with help from Dave Johnson and Sarah Kendzior...
By Angie Coiro on 1/2/2019 7:01pm PT  

On today's BradCast, I'm in for Brad and Desi; they're on a well-deserved break til next week; I'm on my own holiday hiatus from In Deep with Angie Coiro, so doesn't that work out nicely?

It's early days in D.C., where Reps and Sens are shuffling back into their offices preparing for various swearings-in. Incoming House Speaker Nancy Pelosi --- retaking the leadership gavel Thursday --- is wasting absolutely no time letting Donald Trump know she plans to lead, not follow. He's wiped Mike Pence's offer to drop the border fund demand by some three billion bucks; Donny's back to demanding $5 billion, dismissing "someone" (um, Pence) who floated that lower figure. In both an appearance on the Today show and outside the White House following a border security meeting with Trump, Pelosi made it clear that taking the federal budget hostage cuts no ice --- he's getting no money for a wall.

Meanwhile, Apple is the latest company singed by Trump's tariffs. The company revised (lowered) its quarterly earnings estimate by 7.6%. Once that news went public, its stock dropped by nearly the same percentage. Apple CEO Tim Cook says it's not entirely a matter of the Trump/China trade war, but that was no small factor.

DAVE JOHNSON joins me to talk about how the 2020 presidential race is shaping up, starting with the news that Elizabeth Warren has officially gotten serious about running. Then, the tension between the Sanders and O'Rourke camps, and Beto's less-than-stellar track record with fossil fuel legislation. Has he just changed his tune because the record's gone public, or has he truly shifted his priorities?

By the way, Dave's a partner in the launch of what could be a very important site: We Can Have Nice Things, explaining modern economic theory in plain language, including how infrastructure and citizens' health and welfare get paid for in sane economic systems.

The New York Times Magazine has published Mark Leibovitch's profile of Harry Reid, who, as it turns out, is expecting to die soon. SARAH KENDZIOR says something critical is missing from that article: how Reid tried to get Comey to take Trump's Russian connections seriously, and how he pushed the media to pay attention to Trump's corruption --- both for naught.

Sarah's podcast, Gaslit Nation, has just moved from monthly to weekly production.

Finally, a few minutes deflecting attention from Mitt Romney's self-serving yabber in his anti-Trump op-ed to Lamar Alexander's much more productive, thoughtful exercise in how a willing Congress and a sane, savvy president can triumph over impasse together. Feels more like a fairy tale than a possibility in today's circumstances, but still - it's a worthy read.

Download MP3 or listen online below...

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Trump 'charity' shuttered; Admin backs off shutdown threat; Flynn sentencing fiasco; McSally appointed in AZ; NC-9 fraud hearing delayed...
By Brad Friedman on 12/18/2018 6:31pm PT  

Today was the first day that it really began to feel like things are finally falling completely apart for Donald Trump and his administration. [Audio link to show follows below.]

Among the mountain of stories covered on today's BradCast amid an astonishing day of news on several fronts...

  • The New York state Attorney General entered an agreement with the Trump Foundation to permanently shut down the supposed charitable organization. Her investigation and prosecution of alleged fraud, campaign violations and self-dealing via the organization by Trump, his three adult children and his 2016 campaign will continue, despite the Foundation's dissolution;
  • The Trump Administration blinked on Tuesday, at least a bit, following Trump's previous televised threats to shut down the federal government this Friday over funding for his border wall with Mexico (which, we were repeatedly told during the campaign, they, not tax-payers, would pay for.) Last week, Trump said on camera he would be "proud" to shut down the federal government before Christmas if Democrats didn't agree to $5 billion for wall funding in a budget agreement that must pass by this Friday. Today, Trump's Press Secretary suggested they'd find the money elsewhere, even as Congress remained at a standstill with Republicans not having enough votes to pass a bill that meets Trump's demands;
  • At the same time, in a federal court room in D.C., Trump's disgraced former National Security Adviser Michael Flynn, who pleaded guilty to lying to federal investigators last year, had been expected to walk away from his sentencing hearing a free man today following his cooperation with Special Counsel Robert Mueller's team. They had requested no jail time for Flynn after his help in several known and unknown probes. But, thanks to Flynn's attorneys falsely suggesting in a sentencing memorandum last week that he had been duped, tricked and entrapped by FBI investigators into lying about his contacts with the Russian ambassador, the sentencing was mercifully postponed until March. In a remarkable colloquy with U.S. District Judge Emmet Sullivan, a Ronald Reagan appointee, Flynn quickly backed off his attorneys claims. In blistering remarks from the bench, Sullivan railed that he could not "hide my disgust, my disdain" for Flynn's behavior, and upbraided the former top Trump official and retired Lt. General for having "arguably sold out your country". A reportedly shaken Flynn then asked for his sentencing to be delayed, so that the could further cooperate with the Special Counsel in hopes of being credited to avoid jail time. All of that, after Trump had wished Flynn "good luck" via Twitter prior to today's hearing;
  • In Arizona, the loser of November's U.S. Senate contest, Republican Rep. Martha McSally, was appointed by the state's GOP Governor to take the seat of Sen. Jon Kyle, who had temporarily replaced the late Sen. John McCain earlier this year. McSally narrowly lost her Senate bid in November to Democrat Kyrsten Sinema, who she had described as a "traitor" during the campaign. McSally also tried to make amends with McCain's family after insulting the ailing Senator before his death;
  • In the North Carolina GOP absentee ballot election fraud scandal, state Republicans reversed their position for a second time regarding the certification of Republican Mark Harris. State Republican leaders demanded that he be certified in the state's 9th Congressional District House race, despite an ongoing fraud investigation. The current results show that Harris defeated Democrat Dan McCready by just 905 votes in November. The State Board of Elections, however, has refused to certify the race due to the allegations of absentee ballot fraud and has postponed it's planned evidentiary hearing from December 21 to January 11, thanks to what the Board describes as delayed document production by subpoenaed parties. Harris has now admitted that he hired the GOP contractor accused of altering or withholding perhaps thousands of absentee ballots in the race;
  • Finally, Desi Doyen joins us for the latest Green News Report with a surprising amount of actually encouraging news for a change.

Yes, it really is beginning to feel a lot like Christmas...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest-Host Angie Coiro with a slew of Mueller news and three new Trump noms; Revisiting the Bush Legacy; Huawei as spy?; And guest Lara Bazelon on justice for the wrongly imprisoned...
By Angie Coiro on 12/7/2018 6:17pm PT  

On today's BradCast, I'm your host - Angie Coiro, host of In Deep with Angie Coiro.

Donald Trump's tweet fingers were a'twitchin', as he tried to keep up with the flow of Mueller investigation news while churning out headlines of his own. For starters, he made three key appointments/nominations:

  • Army head General Mark Milley will move over to chair the Joint Chiefs of Staff;
  • Former H.W. Bush Attorney General William Barr is up for confirmation as Trump's next A.G.;
  • Former Fox 'News' talking head Heather Nauert is up to replace Nikki Haley as UN ambassador.

I've got the whys and wherefores on those for you. Also, Trump went into rage mode at word of his former Sec. of State Rex Tillerson's very frank discussion on Thursday at a public interview with CBS news veteran Bob Schieffer. Tillerson's explanation of Trump's incomprehension of basic issues, along with his trademark lack of discipline, provoked high-minded Trump tweets calling Tillerson "dumb as a rock" and "lazy as hell".

The BBC has a good basic rundown if you're trying to catch up with the case of Chinese telecom Huawei's alleged spying. I bring you the highlights plus updated news.

Meanwhile, a Swiss paper has published a conversation with Fox's Tucker Carlson who damned the White House occupant as "incapable" of fulfilling his promises. And he went further: "I don't think he's capable of sustained focus. I don't think he understands the system. I don't think the Congress is on his side. I don't think his own agencies support him."

Then, legal expert and journalist LARA BAZELON joins me to discuss her work on restorative justice for wrongly-convicted parolees. She's covered the topic for years for Slate.com, and has now released a book called Rectify. The full version of our conversation will be posted here over the weekend. Don't wait for that, though - I've brought you a big chunk of it right here on The BradCast!

Plus, so much more! It's a bellyful of news today. Check it out!...

Download MP3 or listen online below...

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Guest-host Angie Coiro w/ the latest on that and other news; Also: Amber McKinney on DACA; D.D. Guttenplan on a progressive future...
By Angie Coiro on 11/9/2018 7:07pm PT  

On today's BradCast, I’m in for Brad and Desi today – Angie Coiro, of In Deep with Angie Coiro.

My guests are AMBER McKINNEY, from Law360, discussing the DACA ruling from the 9th circuit and Trump’s latest royal edicts on immigration; and D.D. GUTTENPLAN, editor-at-large at The Nation, and author of the new book The Next Republic: The Rise of a New Radical Majority.

Of course, we have to start off with a lovely story: the Wall Street Journal reports that Donald Trump's been caught red-handed, connected directly to the hush money sent to former mistresses.

Then it's onto the two ongoing big stories: horrific fires in Northern and Southern California, and the elections grinding on in Florida, Arizona, and Georgia. Both the NAACP and a passel of retired generals have weighed in against GOP interference.

A review of the numerous headlines on Trump's efforts to alter immigration policy by presidential proclamation, and his loss in the 9th Circuit court on his efforts to undercut DACA.

A sprinkling of good news (Ruth Bader Ginsberg already back and work! Thousands in the street protecting Mueller!), then D.D. Guttenplan with his new book on revolutionaries rejuvenating our republic.

Download MP3 or listen online below...

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Guest: Election integrity expert Marilyn Marks on Brian Kemp's repeated 'cybercrimes' lies, as reported by media, while he oversees own gubernatorial election against Stacey Abrams...
By Brad Friedman on 11/5/2018 6:27pm PT  

It's the final day before Election Day polls open for the crucial 2018 midterms, and I hope you'll not believe a word about what you are hearing regarding who may or may not win or lose. In fact, for many reasons discussed on today's BradCast, nobody actually knows. And, given the way we tally votes in this country, it's possible nobody will ever know who won or lost, no matter whether Democrats or Republicans end up taking control of the Senate, the House or dozens of Governors' mansions across the country. [Audio link to show is posted below.]

But, over the weekend, amidst one of the nation's most hotly contested gubernatorial races, it was revealed by independent online news outlet WhoWhatWhy, that Georgia's entire voter registration database is completely vulnerable online such that "even a low-skilled hacker" could compromise all registrations in the state via its online My Voter Page portal. The stunning security hole allows any voter registration to be easily changed --- or even cancelled entirely --- as recently as this weekend, just hours before Election Day polls open on Tuesday for our crucial midterms.

The information about the vulnerability, as the outlet's Jordan Wilkie and Timothy Pratt reported first exclusively, came from an astute observer in Georgia who notified the state Democratic Party when he discovered the problem. In turn, the Dems notified U.S. intelligence officials and Georgia's Republican Sec. of State Brian Kemp, who happens to be overseeing his own reportedly very close race for Governor against Democrat Stacey Abrams. By Sunday morning, incredibly enough --- and without providing any evidence whatsoever --- Kemp released a statement falsely accusing the Democratic Party of Georgia of cybercrimes, suggesting they had attempted to hack the state's online voter registration database.

Shamefully, the corporate media ran with Kemp's claims. It would be hours before the actual facts of the matter were picked up, if at all, by those same media outlets who could simply have read WhoWhatWhy's original exclusive for details on what had actually happened in the first place.

We're joined today by MARILYN MARKS, Election Integrity champion and the Republican founder of Coalition for Good Governance, a non-partisan organization which has been taking Kemp to court countless times over recent months regarding his failed oversight of the state's 100% unverifiable touchscreen voting system, his voter roll purges of legitimate voters, and his rejection of absentee ballots from disproportionately African-American voters.

Her group was among the first to learn of the stunning online registration system vulnerability and help alert WhoWhatWhy to the problem. Marks details how Kemp --- who has resoundingly lost several times in federal court over the past week alone --- has pulled the same, almost identical scam on the public in the past. She tells me that this is at least the third time that Kemp has falsely claimed whistleblowers who discreetly reported vulnerabilities they discovered in the state's electoral system are actually attempting to hack it. He did the same in 2016 before, six months later, the Dept. of Homeland Security's Inspector General finally found that Kemp's allegations were completely baseless. And he did so again in 2017, after a data researcher discovered the state's entire voter registration database, voting machine programming and administrative passwords had been left online before and after the 2016 Presidential election with no security protections.

Then, as now, Kemp falsely reported the matter to the FBI as a cyber crime. Marks also had a word or two for the media outlets which continue to credulously parrot Kemp's claims, despite the complete lack of evidence to support the allegations. Marks described the latest incident as a "total abuse of [Kemp's] position as Secretary of State".

All of that comes over the weekend, even as the Dept. of Homeland Security, according to the Boston Globe today, is said to have discovered an alarming rate of actual attempted hacks --- some which they say have had "limited success" --- of our electoral systems in the weeks leading up to Tuesday's election.

Next, a few words of advice about voting from Oprah Winfrey, before we open the phone lines to callers regarding why they will or won't be voting in Tuesday's midterms.

Oh, and here's Jennifer Cohen's article today at the New York Book Review, in which she quotes me a time or three regarding "What Could Possibly Go Wrong" both at the polls on Tuesday and on the computer tabulators which will tally ballots --- correctly or incorrectly --- in all 50 states on Tuesday night...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Enthusiasm for midterms high in BOTH parties, TX voter registrations in limbo, young voter turnout may prove decisive...
By Brad Friedman on 10/4/2018 6:25pm PT  

On today's BradCast, what else? The FBI's sham "investigation" of Kavanaugh and news of great note regarding the November midterm elections. [Audio link to show follows below.]

The FBI's supplemental background report on U.S. Supreme Court nominee Brett Kavanaugh was released on Thursday morning. Just one copy was made available to U.S. Senators only. It received much criticism from Senate Democrats and much approval from Senate Republicans who couldn't even have possibly read it by the time they were lauding it. The release comes on the heels of the National Council of Churches calling for Kavanaugh's nomination to be withdrawn "immediately", and more than 2,400 law professors (and counting) signing onto a statement seeking the same. Nonetheless, even before the "White House Whitewash" of a report was even released, Republicans scheduled a final floor vote on the confirmation of the most partisan, dishonest nominee the nation has likely ever seen.

Even 98-year old retired Justice John Paul Stevens, appointed by Republican President Gerald Ford and who lauded Kavanaugh in a 2014 book, announced he is now opposing his confirmation following his angry and partisan testimony last week in the Senate Judiciary Committee in response to multiple sexual assault allegations. Justice Steven suggested --- as the churches and law professors did --- that Kavanaugh has proven he lacks the appropriate judicial temperament for a lifetime appointment on the U.S. Supreme Court.

But, even with hundreds of anti-Kavanaugh protesters descending on the Senate today, the only thing that ultimately matters will be the votes of five undecided U.S. Senators. One of them, Democratic Sen. Heidi Heitkamp, who faces a tight re-election contest in Trump-leaning North Dakota in November, announced on Thursday she is a "No" on Kavanaugh. The others, Jeff Flake (R-AZ), Susan Collins (R-ME), Lisa Murkowski (R-AK) and Joe Manchin (D-WV) have yet to commit, though Flake and Collins said on Thursday they found the FBI investigation --- which failed to interview dozens of witnesses, including Kavanaugh himself and his first accuser Dr. Christine Blasey Ford --- to offer no new corroboration to the allegations against the nominee. Collins says she found it to be "very thorough". Manchin, who, according to polling, is comfortably ahead of his Republican opponent this November --- even in state Trump won by 42 points in 2016 --- is reportedly "leaning 'Yes'" on Kavanaugh.

If all Dems vote against and just two Republicans join them, the confirmation will be killed. The first procedural vote, to invoke cloture and move to the final vote, is scheduled for tomorrow.

In the meantime, the divisive issue has helped fuel enthusiasm for the crucial November midterms by both Democrats and Republicans, according to new polling, which also finds younger voters far less likely to vote this year, sadly. The Democrats' hoped-for "blue wave" may rest on turnout of young voters, and may not be quite as certain as many believe, particularly with obstacles preventing voters from registering (the deadline for doing so comes up this weekend in many key states), from voting and from having votes verifiably counted as cast.

While last week's National Voter Registration Day was an unexpected success, thousands of citizens who registered to vote in Texas via the non-profit Vote.org will not be added to the rolls, according to a new report. That could be troubling news for a number of races in the Lone Star state, not the least of which is the contest between GOP Senator Ted Cruz and his surging Democratic challenger Beto O'Rourke.

Finally today, Desi Doyen joins us for the latest Green News Report, with news on Big Oil's big win in the new NAFTA, several Category 5 storms spinning at the same time in the Pacific, a new record low for Arctic sea ice, and the big news of Tesla's Big Battery which is a big hit for South Australia's power grid...

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Guests: AUDIT-USA's Emily Levy and attorney Chris Sautter; Also: Reports of FBI ignoring dozens of Kavanaugh witnesses persist, Trump mocks accuser, Americans can't wait to vote...
By Brad Friedman on 10/3/2018 6:56pm PT  

We work hard on today's BradCast to stay focused on the crucial upcoming elections, even as Brett Kavanaugh's cavalcade of shame continues in D.C. [Audio link to full show posted below.]

Senate Republicans intensified their push for a floor vote as soon as possible, even as reports persist that the FBI is either refusing or failing to interview dozens of witnesses in their supplemental background probe of Kavanaugh following sexual assault against the U.S. Supreme Court nominee. At the same time, former classmates and clerks of Kavanaugh are retracting previous support for him, and three key Republican Senators (Flake, Collins and Murkowski) gently rebuked Donald Trump on Wednesday for mocking Kavanaugh's first accuser, Dr. Christine Blasey Ford, at a campaign rally in Mississippi on Tuesday night.

Amidst that circus, it's no easy feat to stay focused on the crucial upcoming midterm elections. But we try. And so are an extraordinary number of Americans. Today we learn that last week, on National Voter Registration Day, more than 800,000 signed up to vote, stunning organizers and smashing the previous record of 771,000 who registered on National Voter Registration Day in 2016, before the Presidential election.

But, even with all of the apparent enthusiasm, will all of those new and previous voters be allowed to vote this year? If so, will their votes be counted, tallied accurately, and in a way that the public can know they have been tallied accurately? In recent days, corporate media --- right on schedule --- has suddenly begun to churn out articles questioning the accuracy and security of our wildly insecure and frequently inaccurate electronic voting and tabulation systems...once its largely too late to do much about any of it, just weeks before an election. (That, of course, is why we have been trying to do so year 'round over the past 15 years!)

The corporate election vendors who have been allowed to privatize our public elections with systems that have long ago (over a decade ago) been found to be easily hacked --- and which have failed in election after election --- continue to sell their flawed systems to officials and offer false claims about security to the public.

One of those companies, Election Systems & Software, LLC (ES&S), the nation's largest voting system vendor, has now threatened a lawsuit against a small, non-profit election transparency organization which has been fighting to encourage election officials to take advantage of a security setting available on newer models of paper ballot scanners made by ES&S and others. The group, AUDIT-USA, has been sent a cease and desist letter [PDF] by ES&S corporate attorneys objecting to the organization posting user manuals for their scanners that capture digital images of ballots when they are scanned. The group has been working to encourage states and counties to make sure those which use the newer systems have them set to retain all such ballot images so they can potentially be reviewed by the public after an election. That, in lieu of the public being allowed to examine paper ballots themselves in order to assure unverified computer-tabulated results are accurate.

We're joined today by long-time election integrity champion EMILY LEVY of AUDIT-USA and their long-time election attorney CHRIS SAUTTER of American University, to discuss the ES&S threat letter sent to the group last week, charging copyright infringement for making their instruction manuals available to the public. The letter, as we discuss, fails to even cite security concerns. Levy notes the irony in this case, given that AUDIT-USA is actually supporting the newer ES&S systems for their security feature that many election officials appear unaware of.

"What we've found from talking to election officials around the country is that a lot of them don't really understand the systems that they're using in their own counties," Levy tells me. "They don't understand why they need ballot images when they have the paper ballots. And they don't understand that, in order to preserve the ballot images, all they need to do is not change the settings that the machines come with. The default settings on the machines are to preserve the ballot images, and it's only by having someone --- whether a vendor working for them or elections officials themselves --- changing those settings that the ballot images get destroyed.

"So we want people to understand both the importance of the ballot images and preserving them --- that it's legally required to preserve them, just as it is to preserve all election materials. And that's it's not a difficult thing to do."

Sautter argues the information in question, as posted to their website, is in the public interest and, therefore, falls under the Fair Use Doctrine. "Cease and desist letters like the one that ES&S sent AUDIT-USA are a common form of intimidation," he says. "These companies have a lot of money, and sometimes they figure, well, we can overpower them, we'll file this lawsuit and we'll try to break this little non-profit in attorneys fees and we'll set an example."

As we also discuss, threats of lawsuits by voting system vendors against voting system experts and computer scientists have been going on for years (here's The BRAD BLOG exclusive from 2008 that I cite on the show), even as tax payers continue dolling out billions of dollars to these shameless and irresponsible private companies...

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Guest: Journalist David Dayen on new NAFTA, CA's new Net Neutrality law (and DoJ lawsuit), Amazon's new minimum wage; Also: Senate Repubs hope to force vote, bury FBI probe on U.S. Supreme Court nominee...
By Brad Friedman on 10/2/2018 6:27pm PT  

On today's BradCast, the FBI investigation into multiple allegations of sexual assault and belligerent drunken behavior by U.S. Supreme Court nominee Brett Kavanaugh continues, as Republicans in the U.S. Senate prepare to force a vote on his confirmation before Senators, much less the public, get a full look at the information gathered by the brief and limited probe. As that shameful illustration of a process broken by Republicans for the nation's highest court plays out, a number of other noteworthy news stories slip through the cracks just over one month before the crucial 2018 midterm elections. [Audio link to full show follows below.]

On Sunday, California's Governor signed a Net Neutrality bill into law, meant to replace the Obama-era consumer protection that was gutted by the Trump Administration's Federal Communications Commission (FCC). Hours later, Trump's Dept. of Justice sued the Golden State to prevent the new law from taking effect. So much for the GOP's pretend love of "states rights".

On Monday, Trump announced "a brand new deal to terminate and replace NAFTA" [the North American Free Trade Agreement] with a "totally" new deal between the U.S., Canada and Mexico as "the biggest trade deal in United States History." Even though it is NAFTA 2.0, it will now be called, if adopted by the U.S. Congress (a big "if", as our guest explains today), the United States Mexico Canada Agreement, or USMCA.

And, on Tuesday, Amazon founder and CEO Jeff Bezos announced the company will be increasing their minimum wage for all workers, both permanent and seasonal, to $15/hour beginning next month, after years of attacks by critics for low wages paid by the world's second most valuable company.

We're joined by financial journalist and author DAVID DAYEN to discuss all three of those news items, whether they are a "Big Deal or No Big Deal?", and how the news may or may not affect the upcoming November elections.

On Amazon's increased wages, Dayen tells me it is "only going to bid the price of labor up. So that is a good thing." He also explains why it is "a political success for Bernie Sanders and this idea that you need to put pressure on these huge, monopolistic companies in order the get them to do right by their workers." But, he also warns, "there's an escape valve here for Amazon."

The new NAFTA includes an end to what Dayen calls the "corporate shakedown regime" in NAFTA's "horrendous" extrajudicial process for settling trade disputes between corporations and countries. That's a "huge deal" he says, which could help set a template to vastly improve other trade deals as well, and potentially increase wages for workers. But he also explains why unions are, nonetheless, not yet all in for the deal and notes that it can only be approved by the next Congress --- which will likely be far more Democratic than the current one --- if labor buys in.

On DoJ's challenge to California's own Net Neutrality law, Dayen explains, the Administration may have little choice but to try and block it, even as Republicans --- when it comes to states other than California, anyway --- argue states should decide what's best for their own residents. In the Golden State, however, "if you give net neutrality protections, if you allow the state of California to pass them, then that's going to migrate," he says. "There's a genuine concern that these regulations --- which of course were in place at the federal level and were taken out by FCC Chair Ajit Pai and the conservatives on the FCC --- would almost, by default, come back if this were allowed to stand. ... All that work they did at the FCC could be for naught."

Finally, we're joined by Desi Doyen with our latest Green News Report, with record rainfall numbers from Hurricane Florence (and the giant mosquitoes which have arrived in its wake), the Trump Administration's use of catastrophic climate change data to justify a deadly rollback of Obama-era fuel efficiency standards, and the French President calling for the nations of the world to reject trade deals with any country who is not a party to the Paris Climate Agreement (that would include only the U.S., which has announced its intention of pulling out of the landmark pact as soon as allowable --- the first day after the Presidential election in 2020)...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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