'Pro-choice' Melania wants $250k from CNN; $100k 'Trump Watch' invites influence peddlers; Damning new 1/6 details; MAGA county clerk gets 9 years for CO vote system tampering...
After another climate disaster, climate change finally front and center at VP Debate; PLUS: Ongoing climate disaster Helene, now second deadliest hurricane in modern U.S. history...
'GNR' Special Coverage: Climate change-fueled Hurricane Helene unleashes widespread death and destruction, as storm victims face daunting challenge of recovery...
Climate change strikes again, killing more than a hundred in 5 states, millions without power, concerns about their ability to vote; Also: Callers ring in before VP Debate...
Helene guns for Florida; Global warming doubled odds of EU's catastrophic floods; PLUS: Biden promotes climate action, issues warning, at final U.N. address...
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...
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...
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...
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...
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...
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...
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...
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...
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...
IN TODAY'S RADIO REPORT: Biden EPA opens civil rights probe into Jackson, MS' water crisis; Big insurance companies begin to back away from Big Oil: PLUS: BMW to build massive E.V. battery plant in U.S. --- Republicans who voted against incentives take credit... All that and more in today's Green News Report!
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): Only 5 percent of plastic waste generated by US last year was recycled, report says; Secret files suggest chemical giant feared weedkiller’s link to Parkinson’s disease; Russia is destroying water/power infrastructure in Ukraine; Utilities sticking with fossil fuels despite climate pledges; How coal producers legally dodge cleanup obligations; Will new UK PM Sunak rebuild green agenda torn up by Truss?; More than half of bird species in the U.S. are in decline; Deforestation slowed last year, but not enough to meet climate goals; New European pipelines are hydrogen ready... PLUS: Inside the fantastical, pragmatic quest to make "hybrid" meat.... and much, MUCH more! ...
New poll finds democracy now top issue for voters; Also: Latest Trump accountability news; Midterm election news; Callers ring in on why they're voting this November...
Longtime listeners of The BradCast know that we see democracy as pretty much the number one issue that makes pretty much everything else possible. Even the climate crisis comes second for that reason. Congressional Democrats, on the other hand, have yet to make the threat that democracy itself now faces in America, thanks to Donald Trump and his GOP, much of a campaign issue. That's both curious and troubling, particularly following a new poll out today finding that democracy is "the most important issue facing the country for a plurality of registered voters." [Audio link to full show follows this summary.]
Among the many stories covered on today's show --- followed by some great callers in the second half today...
On Sunday, a federal appeals court gave Sen. Lindsey Graham (R-SC) a short reprieve from his scheduled testimony before the special grand jury in Georgia investigating the Trump-led criminal conspiracy to try and steal Georgia's 2020 election. Graham, who reportedly called the GA Sec. of State to see if it might be possible to toss thousands of lawfully cast votes, claims he was just doing his job as a Senator...from South Carolina...and has absolute immunity under the Constitution's "speech and debate" clause. His reprieve [PDF] from Fulton County District Attorney Fani Willis' probe is unlikely to last for long.
A different federal appeals court ruled on Friday that the Justice Department must release a memo written by its Office of Legal Counsel (OLC) during the Trump Administration, regarding then-Attorney General Bill Barr's decision to not charge the former President for some ten instances of obstruction of Robert Mueller's Special Counsel investigation into Russia's interference in the 2016 election. The DoJ claimed the memo, sought by a good government watchdog group under FOIA laws, was exempt from disclosure because it was part of the deliberative process in deciding whether or not to charge Trump. In fact, as a lower court previously determined, the memo was written after the DoJ had already determined they would not charge Trump.
Then, we move from the 2016 and 2020 elections back to the current one, now just 78 days away, when political pundits had long been telling us that Democrats would take a shellacking in Congress this November. But, as we've long noted, that Conventional Wisdom is by no means a certainty during these decidedly UNconventional times. Among the latest examples from 2022's UNconventional Times files, emotional remarks last week from a Republican South Carolina lawmaker who regrets his vote --- just weeks after casting it --- to restrict abortion in the state. He relates a disturbing story of a pregnant 19-year old woman whose water broke at 15 weeks, making the pregnancy unviable. But thanks to the state's new "fetal heartbeat" law, attorneys advised her doctors they could not extract the fetus until its heart stopped beating...two weeks later. She could have lost her uterus or even died during the interim. We share some of the state Rep's emotional response and his reasons for refusing to vote in favor of an even more draconian restriction on reproductive freedom now moving through the SC state legislature.
Still more today from the UNconventional Times file: Signs that inflationappears to be coming down on tons of products whose prices had surged last year. And signs, along with it, that pandemic supply chain snarls appear to finally be easing up as well.
Of course, all of that good news for American consumers is bad news for Republicans who have been hoping for a terrible economy to help them win back majorities in Congress this November. A new forecast from Fox "News" out today, however, finds that to be less and less likely as polling and other conditions continue to trend back in favor of Democrats. It's still an uphill climb for them in the gerrymandered House, but the GOP is clearly getting nervous. We discuss.
At the same time, in a lengthy deep-dive, Politico Magazine reported over the weekend that a number of old school Dems from the Carter Administration are concerned that Congressional Democrats are not making enough of a campaign issue out of the threat that Republicans now pose to American democracy itself. That, following Trump's January 6, 2021 U.S. Capitol insurrection and the boatload of bat-crap insane, Trump-endorsed 2020 election deniers who have been nominated for key positions to help decide the 2024 election in swing-states and non-swing-states alike this year. While Congressional Dems offer a reasonable argument for why they have been sticking with other issues this year --- "from energy and the environment to education, roads and infrastructure, abortion, health care, Trump and guns" --- rather than the threat posed by Republicans to democracy itself....
...new polling out today from NBC News finds the GOP threat to democracy is now the top concern among registered voters, followed by the cost of living and other economy-related issues.
So, what do our listeners care most about this November? What issues are leading them to vote (or not vote)? We open the phones to find out and get some very good callers in response including a fun one from a confused Republican...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Please pardon the whiplash on today's BradCast, from our special coverage of the blockbuster J6 hearing in the U.S. House yesterday to coverage of election results in eight states today, and what they both may mean for November. But that's our world right now. [Audio link to full show is posted after this summary below.]
Critical midterm primary elections (and runoffs), and one Special Election for the U.S. House were held on Tuesday in Illinois, Colorado, Oklahoma, Utah, New York, Mississippi, South Carolina and Nebraska.
We've learned of a few reported problems for voters at the poll yesterday in several of those states (IL, MS, UT, NY) which we cover first today. Thankfully, they were fairly limited --- at least so far --- and not terribly egregious.
Then it's on to our curated and wholly incomplete coverage of noteworthy races in a number of those states, some of which may be quite telling regarding November and the so-called "Conventional Wisdom" that Democrats are due for a drubbing. That's what history tells us, of course, about the party in power for midterm elections during the first term of an unpopular President. But, given these exceedingly unconventional times, it'd be a sucker's bet and political malpractice --- for Democrats and democracy itself --- to simply presume history will repeat itself this fall.
Among the many results of note covered today: losses for 2020 election deniers and alleged criminals (like Tina Peters, the indicted County Clerk in Mesa County who lost her GOP primary for Sec. of State bigly, even in her own home county) in CO; losses for corrupt climate change deniers and disgraced former Trump officials (like his scandal-plagued EPA Administrator, Scott Pruitt who came in fifth in a GOP primary for the U.S. Senate) in OK; both wins and losses for loyalist Trumpers and anti-choice zealots in IL and CO (with Dems hoping they'd win their GOP nominations, because they'd be easier to defeat in November); a crushing, if satisfying loss for Rudy Giuliani's son in NY; victories and losses for progressive candidates in several states; And, perhaps most notably today, some telling results from the one D vs. R race on Tuesday, a U.S. House Special Election in NE.
As expected, the Democrat lost that special U.S. House race in NE in an exceedingly Republican district in which the GOP candidate won by 22 points in 2020. But on Tuesday, the Republican won by just over 5 points. More interestingly, in the one Democratic-leaning County in the District held by Republicans since 1964, support for the Democrat spiked from +1 in 2020 to +13 on Tuesday, in the first head-to-head election between the two parties since 'Roe v. Wade' was struck down by the radical rightwing U.S. Supreme Court on Friday. Hopefully, Democrats have taken notice.
There are many mitigating factors that could result in this year's midterms defying history and expert predictions. That doesn't mean they will, but they certainly could, particularly if Democrats figure out how to appropriately activate both their base and those who are furious about SCOTUS stripping away a Constitutionally-protected individual right for the first time in our nation's history.
Initial polling in the wake of Roe's demise find the SCOTUS opinion to be exceedinglyunpopular with Democrats, of course, but also with independent voters and even a fairly large chunk of Republicans. We take a look at some of those very interesting tea leaves on today's program and what they could mean for November.
Finally, we close with Desi Doyen and our latest Green News Report, in advance of what is probably very bad news indeed for both the climate and the EPA coming from our corrupt Supreme Court tomorrow! But, for today, we've got news about what sparked New Mexico's largest-ever wildfire; Japan's electric grid facing stress under historic record heat; a new leftist climate hawk President for Colombia; and much more....
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Also: Elections results from ME, NV, ND, SC, TX; Vote system prob leads to IA recounts; MAGA County Commission in NM refuses to certify June 7 primaries...Just cuz...
With the bipartisan January 6 Committee having postponed today's hearing, we take the opportunity on today's BradCast to spend some time rebutting the disgraced former President's supposed rebuttal to the two damning hearings held to date. But, of course, we've got much more as well, including election results from Tuesday and evidence of both voting system problems and bad faith elected MAGA officials already trying to disenfranchise 2022 voters. [Audio link to full show is posted below this summary.]
Among the stories covered on today's program...
An error caused by paper jams during ballot scanning on Election Day at the precincts on the state's computer tabulators in Iowa during their June 7 primaries has reportedly resulted in a whole bunch of recounts across the state. Cedar Rapid's KCRG cites an email from the Sec. of State's office which has lead to those recounts, in hopes of reconciling the number of ballots misreported by the scanners as cast with the number of voters who actually signed in to vote.
Noteworthy election results from four states which held primaries on Tuesday (Maine, Nevada, North Dakota and South Carolina) and one (Texas) which purposely held a low-turnout U.S. Special Election yesterday, instead of at the same time as their regular primaries in March or primary runoffs in May. While we cover a lot of Tuesday's races, and why they matter (or don't), the most disturbing one is likely the Secretary of State's race in Nevada, where a 2020 election denialist by the name of Jim Marchant has apparently won a 38% plurality to become the GOP's nominee to become the critical swing-state's chief election official in advance of the 2024 election.
The dangers of an election denier like Marchant, who served as one of the state GOP's fake electors in 2020, and who has said he wouldn't have certified Joe Biden's victory over Donald Trump that year had he been SoS at the time, is a stark warning of what lies ahead. But we're already seeing the dangers of brain-poisoned MAGA Mobsters in positions of elected authority. The three-person County Commission in a very right-leaning rural county in New Mexico, is refusing to certify results from their June 7 primary. Even though votes are cast on hand-marked paper ballots across the state, the County Commission unanimously voted against certification of primary results, citing distrust of the County's digital ballot scanners made by Dominion Voting. They have no evidence of fraud, which might otherwise allow a court to order the hand-count they are seeking. They just don't trust the results in the County where Trump won 62% of the vote in 2020. The Republican County Clerk is furious and the Democratic Sec. of State is now suing the County Commission ahead of this Friday's deadline for County certification. Expect much more of this in the months and years ahead. We've long warned about exactly this type of fallout from our irresponsible rush to the use secret vote casting and counting systems made by private vendors and the avenues it opens for opportunists to claim fraud without any evidence of same.
On Monday night, after the bipartisan U.S. House Select Committee investigating the January 6, 2021 attack on the Capitol and other efforts by Trump to steal the 2020 election, our corrupt former President issued a 12-page rebuttal [PDF] to the Committee's first two hearings. We rebut his dumb rebuttal today. It leans heavily on tired, long-ago debunked nonsense, such as his lead in some swing-states on Election Night "inexplicably" disappearing (after heavily-Republican polling place ballots were quickly tallied before the arduous task of opening and verifying and counting heavily-Democratic vote-by-mail ballots one-by-one) and how thousands attended his rallies, while Biden chose not to hold super-spreader events during the worst pandemic in 100 years. Much of Trump's (ghost-writer's) claims were already debunked during the Committee hearings to date, which he seems to presume that his supporters didn't watch or are too dumb to understand.
Trump's ghost-writer spends most of the rebuttal ink citing what is laughably described as "indisputable proof" of "Ballot Trafficking" presented in the repeatedlydebunked2000 Mules movie. That's a pretend documentary film created by a long-discredited GOP "election integrity" group named True the Vote and a rightwing activist named Dinesh D'Souza who actually pleaded guilty himself to several federal election fraud crimes before he was later pardoned by Trump.
As noted, the film has been repeatedly debunked, including by us, several times by now. Months before it was even released, the Georgia Bureau of Investigations (GBI) and FBI concluded the group's claims about cell phone data purporting to reveal evidence of "ballot harvesting" by "mules" of tens or hundreds of thousands of fraudulent ballots cast in drop-boxes, in fact, reveals no crimes at all. A GA state Board of Elections investigation after the movie's release found that supposed "ballot mules" in Atlanta, shown via security camera footage in the film, were just regular voters legally casting their own ballot and those of direct family members. None of the "mules" are ever seen in the film visiting a drop-box or multiple boxes more than once.
But, perhaps the most stinging rebuttal came from Trump's own Attorney General, Bill Barr this week. During sworn testimony to the J6 Committee, shared by the panel on Monday, Barr laughed out loud at even the mention of the name of the film, before going on to explain how he found it to be "singularly unimpressive," "indefensible," and that it failed to "establish widespread illegal harvesting." That, of course, is a long way from the "indisputable proof" Trump's dumb rebuttal claimed it to be.
Finally, speaking of the House J6 Committee, Republican Vice Chair Liz Cheney released a video teaser on Tuesday for its next upcoming hearing scheduled for Thursday. This one will focus on the pressure Trump placed on Vice President Mike Pence to help him steal the 2020 election by tossing out valid Electoral College votes on January 6, 2021. Cheney's teaser video includes testimony from one of Trump's top White House attorneys who says he warned outside lawyer John Eastman, who developed the scheme for Pence to toss out the votes, to "get a great f'ing criminal defense lawyer," adding "you're gonna need it."
Special Coverage of tomorrow's J6 Hearing, of course, on tomorrow's BradCast!...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Trump lawyers sanctioned, will face disbarment probes; Capitol officers sue Trump; Terror suspect sentenced in MI Guv kidnap plot; House files massive 1/6 records requests; TX AG Paxton clears TX AG Paxton; More...
Donald Trump tried to steal the 2020 election. We really must stop describing his efforts and those by his supporters as "questioning the results" or "claiming fraud" or "trying to overturn the election." The fact is, Trump tried to steal it. He used every means at his disposal to try and do so. Thankfully, he is largely a failure at pretty much everything, so it didn't work, though we now know it came exceedingly close. So, let's start calling it for what it is: An unprecedented attempted by a President of the United States to try and steal a Presidential election. To that end, accountability is now happening. Slowly but quite assuredly, along with a number of other related accountability stories on today's BradCast. [Audio link to full show is posted below this summary.]
Among the stories covered on today's program...
Some of the breaking news on today's terror attack at the Kabul airport in Afghanistan, which killed at least 13 U.S. service members and 60 Afghans and seriously injured many more. ISIS-K, an off-shoot of the Islamic State and an enemy of the Taliban, has claimed responsibility for the attack by two suicide bombers. If anything, Thursday's tragedy amidst the largest airlift in U.S. history --- following the swift takeover of the country by the Taliban --- simply serves to underscore even further why the U.S. pullout must continue, and why we certainly shouldn't have been there for 20 years (if at all);
In much less horrific news, the U.S. Election Assistance Commission (EAC) released its 2020 post-election survey [PDF] of various voting and election-related data from all 50 states last year. While The Guardian's Sam Levine characterizes the report as proving the election was "a remarkable success", we explain why that may be a bit of an overstatement. That said, the data does reveal yet again that, while there were far too many rejections of absentee and mail-in ballots (as is always the case, but especially amid pandemic voting last year), there is still no evidence at all to even suggest that the Presidential election was stolen in any way, shape or form by Joe Biden, the Democrats or anyone else. Not that Donald Trump didn't try (and fail) to do exactly that, of course;
In much brighter related news, a federal judge in Michigan on Wednesday brought some serious accountability down on nine of the Trump attorneys, including Sidney Powell and Lin Wood, who both helped Trump try to steal the 2020 election by filing fraudulent lawsuits, in this case in Michigan, fraudulently claiming that the election was stolen, using fraudulent claims about fraud. All nine lawyers were excoriated by U.S. District Court Judge Linda V. Parker's scathing 110-page order [PDF], which should (hopefully) end each of the attorneys' careers as officers of the court. Parker mandated the Trump lawyers pay attorneys fees accrued by the city of Detroit and state of Michigan in defending against the "frivolous" so-called "Kraken" lawsuit; take 12 hours of legal classes each (including 6 on Election Law); and, most importantly, face investigations for possible suspension and/or disbarment by legal authorities in each of their home states;
More accountability for Trump's attempt to steal the 2020 election, specifically for the January 6th attack on the U.S. Capitol that he incited as part of that effort. Seven Capitol Police officers on Thursday filed a lawsuit [PDF] against Trump, several far-right extremist groups charged with aiding the deadly plot, and even against Trump associates like Roger Stone. It is, as the New York Times describes it, "the most expansive civil effort to date seeking to hold Mr. Trump and his allies legally accountable." Trump is already facing two other similar lawsuits filed by the NAACP and by Rep. Eric Swalwell. But, no doubt, the disgraced former President and his supporters will see this new complaint differently, because it is filed by police officers and, as you know, Republicans always "back the blue", right?;
That lawsuit follows just one day after the bi-partisan U.S. House Select Committee on the January 6th attack issued a massive series of records requests to at least 8 different federal agencies for documents related to Trump's movements, actions and meetings on January 6th, and in the weeks and months both before and after. The requests were sent to, among others, the FBI, Dept. of Homeland Security and National Archives, where Presidential White House records are stored. Trump is apparently livid about the effort, describing it as a "partisan exercise" being carried out by a "Leftist" House Committee. (That may come as a surprise to "Leftist" Committee members Liz Cheney and Adam Kinzinger);
In still more accountability news today, tangentially related to Trump's attempt to steal last year's election in Michigan: The sentence for the first domestic terrorist, among some 13 charged in the plot to kidnap Democratic Gov. Gretchen Whitmer last year, was handed down on Wednesday. A 25-year old man who, according to Justice Department prosecutors, cooperated with the investigation after initially pleading not guilty, changed his plea and was sentenced to more than 6 years in prison on charges of providing material support for terrorist acts and felony firearms charges. The failed conspiracy, according to the FBI and Whitmer, sprang from Trump's attempt to vilify the Governor for her science-based handling of the COVID pandemic, in a year in which Trump was willing to say and do anything to win the important battleground state. (He lost it by 150,000 votes instead);
In accountability news only spiritually related to Trump, a federal appeals court declined to overturn the sentence of the man who killed nine Black parishioners at the Emanuel Methodist Episcopal Church in Charleston, South Carolina in 2015. The now-27-year old avowed white supremacist is the first person charged with a death sentence for committing a federal hate crime. While accountability is great, a life sentence would have been sufficient. Killing people is bad, as some of us learned even before Kindergarten. Apparently, the U.S. Government has yet to do so;
Only politically related to Trump, the Republican state Attorney General in South Dakota, Jason Ravnsborg, who fatally struck a pedestrian last year and left him to die, decided to take a plea deal rather than begin his trial today. Nonetheless, as of airtime, despite the hit and run fatality, Ravnsborg was still in office as the state's top law enforcement official;
And, in related corrupt Republican state Attorney General news, definitely politically related to Trump, Texas Attorney General Ken Paxton is also still in office. That, despite being charged with multiple felonies for securities fraud some time ago (and, so far, evading trial on those years-old, but still-pending indictments); facing potential disbarment by the State Bar of Texas for his attempt to help Trump steal the election with a bogus, fraudulent, rejected lawsuit filed with the U.S. Supreme Court to try and overturn results in four non-Texas states; and under investigation by the FBI after 7 top staffers in his office quit and filed a legal complaint detailing how AG Paxton was involved in a serious bribery and abuse of power scheme involving protection for one of his top donors and a scheme that involved having the man give a job to his mistress. Well, on that federal investigation, AG Paxton had some good news this week! In an unsigned 374-page report [PDF] published by AG Paxton's office on AG Paxton's letterhead, AG Paxton's own internal investigation found that "AG Paxton’s actions were lawful" and that "AG Paxton committed no crime". Phew! That was close! I'm sure the FBI is calling off their probe, even as we speak.
Finally, as a late brewing potential major hurricane (Ida) spins toward the Gulf Coast for possible landfall over the weekend, Desi Doyen joins us today for our latest Green News Report, with a suspiciously inordinate amount of encouraging news. But don't worry, there are a few items of the usual catastrophic nature GNR is known for as well. We'd hate to leave anyone disappointed...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Guest: Attorney Ron Fein of Free Speech for People; Also: Biden's plan for SCOTUS expansion; Graham breaks rules to approve Barrett w/out Dems; SCOTUS blocks AL curbside voting; Admin claims Iran (not Russia, not Proud Boys) behind email threats to Dem voters...
Last week, Trump's new "sham" nominee to the U.S. Supreme Court appeared to not know if voter intimidation was even a violation of federal law. This week, as we report on today's BradCast, Trump and his henchmen find themselves facing a federal lawsuit over exactly that. [Audio link to show follows below.]
Among the many stories covered on today's show...
First up, Joe Biden has finally stated his position on expanding the U.S. Supreme Court. That position? A bi-partisan commission to study reforms for the federal court system, to offer recommendations after six months...if Biden wins the White House and Dems take the Senate. We discuss what is probably a pretty smart political position for the former VP to take right now, considering that corporate media can't stop using the words "court packing" to describe long-overdue reforms after years of actual court packing by the GOP.
Speaking of which, the Senate Judiciary Committee on Thursday, led by South Carolina's increasingly vulnerable Sen. Lindsey Graham, broke their own rules today to ram through the nomination of Amy Coney Barrett without a single Democrat present, after Dems refused to allow a quorum for today's vote. If she is confirmed by the full Senate on Monday, as Republicans currently plan, it will be one of the shortest confirmation processes and the closest to a Presidential Election Day for the seating of a Supreme Court Justice in the nation's history. That, after just 4 years ago Republicans blocked a Democratic SCOTUS nominee entirely for a full year, while vowing that a new Justice should never be seated during a Presidential election year. Republicans also changed the rules in the middle of that game as well, when they killed the filibuster for SCOTUS nominees after failing to get enough votes to pack Neil Gorsuch, Trump's first nominee, onto the Court. Over the past five years, Republicans have succeeded at completely delegitimizing the U.S. Supreme Court.
The GOP's already-stolen Supreme Court on Wednesday sided with Alabama's dishonest, lying, somewhat deranged, unlawfully Twitter-blocking, Republican Sec. of State John Merrill to nix curbside voting in counties that wished to use it to help keep disabled voters safe during the COVID crisis, as recommended by the CDC and approved the U.S. Dept. of Justice as a way to prevent violations of the Americans with Disabilities Act (ADA). All three remaining Democratic appointees on the Court dissented, siding with the U.S. District Court and federal appeals court which, after a three day trial, found the now-scrapped accommodation to be a "modest" and "reasonable" way to avoid a potentially fatal illness for some voters.
In recent days, Democratic voters in Florida and several other battleground states have been receiving threatening warnings via email, instructing them to "Vote for Trump or else!" The body of the emails, which appear to come from a Trump-supporting extremist group, cite the recipient's name and addresses and promise to "come after you" if they do not change their party affiliation to Republican and vote as instructed. Incredibly, and with zero supporting evidence, Trump's "partisan hack" Director of National Intelligence John Ratclifffe hastily convened an absurd press conference on Wednesday night to declare that Iran was actually behind the threatening emails to Democrats. He claimed they were designed to "damage President Trump". He also muttered something about Russia. But, again, no actual specifics and no actual supporting evidence for his claim that both countries accessed voter registrations systems to obtain the data (most of which is publicly available without actually hacking into election-related systems). Suffice to say, I believe absolutely nothing from this Administration at this point, about any of it, and, short of independently verifiable information, neither should you.
Then, we are joined by the Legal Director at Free Speech for People, RON FEIN, to explain the federal lawsuit his non-partisan good government organization filed on Wednesday on behalf of the Latino civic engagement group Mi Familia Vota Education Fund and several voters, charging that Donald Trump, Attorney General Bill Barr and Acting Sec. of Homeland Security Chad Wolf are violating federal laws against voter intimidation.
The complaint [PDF] and accompanying request for a preliminary injunction, as Fein details, alleges defendants have exhibited a pattern of intimidation against voters that violates the Voting Rights Act of 1965, the Ku Klux Klan Act of 1871, and the First, Fifth, and Fourteenth Amendments to the U.S. Constitution.
As FSFP explains in their announcement of the suit, the complaint is "based on the defendants’ violent suppression of public protests opposing police brutality, the encouragement of white supremacist 'vigilantes,' threats to send 'sheriffs' and other law enforcement to the polls, the undermining of mail-in voting, and the rejection of the peaceful transfer of power, which, the complaint alleges, constitute illegal voter intimidation."
Fein offers more details on what he describes as a "threatening pattern of conduct stretching over the past few months," that has resulted in the suit. "People understand what it means when the President talks about sending law enforcement...When he tells the Proud Boys to 'stand by,' people understand what that means...This is not one piece of conduct, one isolated statement. This is a months-long pattern that the President and his top officials have been involved in, that has the purpose and effect --- hopefully not successfully --- but it certainly has that effect, of intimidating people from voting either in person or by mail."
Explaining the relief sought by the complaint, he tells me: "First of all, we want relief prohibiting the defendants from deploying armed federal agents at or near polling places; from ordering federal agents to block the delivery of ballots or interfere in the counting of ballots; from taking any actions that could limit with the speed or reliability of mail delivery. And specifically to Trump, prohibiting him from encouraging his supporters to bring weapons to polling places, block access to polling places, to question voters, or from using official government public communications channels --- which now includes his Twitter account --- to suggest that lawful votes will be scrutinized or challenged."
He also discusses a somewhat related federal case also filed this week by FSFP on behalf of the Minnesota chapters of the Council on American-Islamic Relations and League of Women Voters against a private mercenary contractor who has posted job listings, reported recently by the Washington Post, seeking to hire and deploy armed former special ops troops to patrol polling sites in the state.
Finally, Desi Doyen joins us for our latest Green News Report, with news on yet another record hurricane in an already-record season; the death of half of Australia's Great Barrier Reef and the return of the Hummer, this time as an all-electric "supertruck"...
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There are all sorts of reasons for Democrats to be feeling pretty good about their chances this year. But there are almost as many good reasons to remain very cautious. We discuss a lot of each on today's BradCast! [Audio link to show follow below.]
Among the good news/bad news today...
Former Republican National Committee chair Michael Steele joins a ton of former GOP officials, Governors, lawmakers, military officials and others to endorse Joe Biden for President, after the RNC has "bent the arc of the party towards the baser motives of one man, who is neither a Republican nor a conservative";
USA Today's Editorial Board, which has never endorsed any Presidential nominee, does the same. Their reasons are many, including Trump's "shambolic response to the coronavirus pandemic [which has] inflated a national death toll that is equivalent to the crashes of more than 1,000 Boeing-737 jetliners";
Florida joined several other battleground states on Monday when it "shattered its opening day record for in-person Early Voting," after also more than doubling its absentee vote-by-mail numbers from the same time frame in 2016. That certainly seems like good news for Democrats, but is it really? Is it due to enthusiasm? If so, for Biden or Trump? Or is it just fear of COVID? Or concerns about slow-downs by the U.S. Postal Service? We discuss a number of the key caveats to these widely reported numbers and one anectodal suggestion that likely voter models this year could ultimately be "all shot to hell";
The gobsmacking 3rd quarter fundraising numbers for Democratic Senate candidates in key races this year appears to be undeniably encouraging news for those hoping to see the Party regain a Senate majority. We offer some reason to deny the encouragement nonetheless;
On yesterday's program we reported on the disturbing news from a 3-judge panel of Republican appointees on the Michigan Court of Appeals who overturned a lower state court judge's ruling in the key battleground state that mail-in ballots postmarked by November 2nd (the day before Election Day) would be counted if they arrived up to two weeks after Election Day. Not long after we got off air Monday, a 4 - 4 decision by the Republicans' stolen U.S. Supreme Court upheld a ruling by Pennsylvania's Supreme Court, allowing for the counting of mail-in ballots that arrive up to three days after Election Day. Most Dems saw that as very good news. And it is --- at least for the very short and narrow term. The intrusion by four SCOTUS Justice's, however, into a state court ruling on a state constitutional matter, regarding that state's constitutional "right to vote" is actually quite foreboding news. And it's about to be made much worse with the addition of Amy Coney Barrett on the high court. We explain.
Finally, Desi Doyen joins us for another good news/bad news edition of our Green News Report, with bad news about the continuing record wildfires in the West and some very good news about renewable electricity...
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If you're feeling a bit nauseous of late, hopefully it's not COVID. But it could very well be the effects of trying to keep up with the roller coaster of federal court rulings we've been reporting on The BradCast of late. Or it could be due to trying to keep up with the President of the United States changing moods every few hours these days, as he vacillates between vindictiveness and desperation just over two weeks from Election Day. [Audio link to today's full show follows below summary.]
On Thursday, Donald Trump refused a request from the Governor of California for a Major Disaster Declaration following the spate of record wildfires we've seen in the Golden State over the past month, amid record heat and drought fueled by climate change. Some 8,500 fires this year have resulted in more than 4 million acres burned this year alone --- twice the all-time record for the state --- with nearly 2 million acres scorched in six major wildfires over just the past month. A thousands structures have been leveled and 31 people have died in recent blazes, as five of the six largest fires in California history have taken place this year.
But Trump --- who despises California because we don't vote for him --- has long threatened to cut off FEMA emergency funds to the state, dismissing climate change as a cause, citing leaves and dead trees as the reason for the massive fires and demanding better forest management in the state. That, despite the fact that the vast majority of California's forests are federal lands, which are supposed to be managed by....the Trump Administration.
White House spokespeople spent Friday morning explaining that California's request for federal aid "was not supported by the relevant data that States must provide for approval and the President concurred with the FEMA Administrator's recommendation" against it. That recommendation, however, according to Trump's former DHS Chief of Staff Miles Taylor over the summer, was ordered by a cruel and vindictive Trump himself. But by Friday afternoon, just before air time, someone must have pointed out to Trump that more of his voters live in California than in any other state in the union. Or, they just told him how bad he looked, just over two weeks from Election Day, in refusing federal aid to people who have lost everything due to no fault of their own, especially in a state which had been running a $5.6 billion budget surplus until Trump's disastrously bungled response to the coronavirus resulted in a $54 billion deficit here instead.
It's clear that Donald Trump doesn't even care about his own voters, if they live in a state that won't help him win a second term. He cares about only himself. Period. But, whatever it takes. We're happy for the late breaking news that he finally reversed his cruel idiocy moments before airtime today.
Keeping up with the roller coaster of Trump's mood swings, however, is only marginally less nauseating than keeping up with the roller coaster of recent federal court rulings on voting rights this year! As we've been reporting over the past several weeks, in state after state after state, lower courts have general found in favor of efforts by Democrats and voting rights advocates to make voting easier and safer during the pandemic, as the Trump Campaign and Republican Party have sued virtually everywhere to prevent that from happening. But time and again, well-reasoned, Constitutionally sound rulings by U.S. District Court judges have been overturned at the appellate and Supreme Court levels, often in deference to state legislatures, or simply because SCOTUS has decided its too late to change an election rule or law, even not doing so might disenfranchise tens of thousands of voters in violation of federal law and the Constitution itself.
Good question, which Douglas joins us to discuss on today's program. He also has some good, if troubling answersto that question, which Amy Coney Barrett will not be making any less troubling when her SCOTUS confirmation is rammed through the U.S. Senate to seat her on the High Court before Election Day.
"It is frustrating," he tells me, "because the Constitutional right to vote is supposed to be one of our most foundational precious rights, and the courts are supposed to be a check on legislative majorities that try to rig the system, rig the rule of the game to keep themselves in power. That's the whole point of judicial review in these Constitutional cases involving voting rights, and the courts are refusing to do that right now."
But Douglas has good suggestions as well, for how we can begin to correct this sickening course that has resulted, in no small part, from the packed rightwing courts which have been stripping more and more rights from voters over the past decade or so.
"Congress does have the Constitutional authority to regulate elections in a lot of ways under Article 1, Section 4 of the US Constitution, referred to as the Elections Clause," he argues, "which gives states the first right in regulating elections, but says Congress may also alter or amend those regulations." Moreover, he continues, "we have to think on a long term strategy on enshrining the Right to Vote as a textual matter in the US Constitution. Because if these judges are 'textualists', then having explicit language conferring the right to vote, which the Constitution does not currently have, is a much stronger legal argument."
Finally, Desi Doyen joins us for our latest Green News Report, which --- speaking of Barrett --- examines the apparent climate science denialism of the Justice-in-Waiting, as revealed during her Senate confirmation hearings this week. And, just before we finish up today, the breaking news that the U.S. Supreme Court will be deciding whether Trump may violate the Constitution by excluding undocumented immigrants from Congressional apportionment following this year's decennial U.S. Census...
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Guest: Plaintiff Marilyn Marks of Coalition for Good Governance; Also: My escape from 'Twitter Jail'; GA's vote system fails, causes long lines on first day of early voting; CA GOP's fake mail-in drop boxes...
On today's BradCast: A long-awaited ruling in the federal case challenging Georgia's new, unverifiable, already-failed $100+ million touchscreen vote systems --- which failed again on day one of early voting today in the Peach State. Also, my escape from "Twitter Jail" and the California GOP deploys fraudulent mail-in drop-boxes across the state. [Audio link to show follows below.]
We start today by avoiding, for now, the first day of the illegitimate confirmation hearings in the U.S. Senate for Supreme Court nominee Amy Coney Barrett. Instead, we offer some exclusive news that is not being reported elsewhere on two fronts, both related to Georgia's disastrous new voting system. First up, an explanation --- or, a conclusion for now --- to the saga that resulted in my 4 days suspension on Twitter beginning late last week, for the crime of posting a completely accurate tweet about two weeks ago, reporting that GA's Secretary of State informed elections officials in all 159 counties to immediately halt pre-election testing of their new touchscreen voting systems, due to an error that prevented candidates in one of Georgia's two U.S. Senate elections this year from appearing on screen for voters. The error, as I noted in my infamous (and accurate) tweet, would eventually require all new software for the November elections. In fact, as the federal ruling we discuss today reveals, the state installed all new, uncertified software on all 34,000 of the new voting machines just days ago, in violation of state law. You can read the full saga, with links to the federal court filings proving the accuracy of the tweet, and why I eventually relented and deleted it right here.
As Georgia began its first day of early voting on Monday, sure enough, the vote system I was warning about in that tweet failed, leading to six-hour lines to vote in some places. But the long-running federal court case whose emergency filings revealed the serious problem I was tweeting, finally came to a conclusion --- of sorts, at least for now --- late on Sunday night. That is when U.S. District Judge Amy Totenberg finally released her long-awaited ruling in the case which challenged the security, accuracy and constitutionality of the state's use of new, unverifiable touchscreen voting systems made by Dominion Voting Systems. The Plaintiffs called for them to be replaced by a cheaper, verifiable hand-marked paper ballots system.
Last year, Totenberg found the state's previous, 20-year old Diebold touchscreen systems to be unsecure, unverifiable and, thus, unconstitutional, ordering them banned for all future elections in the state. On Sunday night, in her long-awaited 147-page ruling [PDF] that begins by citing the plot to the movie Groundhog Day, Totenberg once again finds the state's new touchscreen Ballot Marking Device (BMD) "presents serious system security vulnerability and operational issues that may place Plaintiffs and other voters at risk of deprivation of their fundamental right to cast an effective vote that is accurately counted." The judge warned "these risks are neither hypothetical nor remote" and slams "the insularity" of the "stance" by the GA Sec. of State and the state's private vendor, Canadian-based Dominion Voting Systems, "in evaluation and management of the security and vulnerability of the BMD system [which] does not benefit the public or citizen's confident exercise of the franchise."
After detailing lies, inaccuracies and a lack of knowledge in the testimony of the state's "experts" in the case (no actual cybersecurity experts were presented by them, only employees of the vendors who admitted they had no actual cybsersecurity experience, nor did any penetration tests of the systems before certifying them for use in GA elections!), Judge Totenberg concludes: "The Plaintiffs’ national cybersecurity experts convincingly present evidence that this is not a question of 'might this actually ever happen?' – but 'when it will happen,' especially if further protective measures are not taken. Given the masking nature of malware and the current systems described here, if the State and Dominion simply stand by and say, 'we have never seen it,' the future does not bode well."
For now, that future includes the use of the systems that Totenberg clearly finds so dangerous because, as she explains, it might cause chaos for elections officials if she ordered the use of hand-marked paper ballots at the polling places this close to Election Day.
We're joined once again to discuss the case today by MARILYN MARKS of case plaintiff Coalition for Good Governance, which has been leading this long and important federal court battle now for several years. She has been joining us to discuss it at critical junctures, even while most of the broadcast media has studiously avoided covering it all. Marks offers her reaction to the judge's long-awaited ruling, describes her disappointment in the ultimate order from the judge (for now), while expressing confidence that these systems --- just like the state's previous ones --- will eventually be barred by this judge for use for the very same reasons that she ordered the state's old ones to finally be trashed.
"What we see here is these systems are put together in a slipshod fashion, without security being an important priority at all to these companies," Marks tells me. "These voting system vendors will say anything, and unfortunately many of our election officials who are purchasing these systems will repeat and parrot whatever those words are. You begin to wonder what is it that drives these elections officials, like Secretary [of State Brad] Raffensberger in Georgia, to buy the most expensive and least-auditable equipment."
Noting that unverifiable BMD systems similar to the ones now being forced on voters for the first time at the polls in other critical battlegrounds --- such as Philadelphia, the most Democratic-leaning county in North Carolina, all of South Carolina, as well as key counties in Texas and Ohio, not to mention the nation's most populous voting jurisdiction, Los Angeles County --- Marks decries the damage to democracy being done in all of those locations, while still being hopeful for the future.
"If there's good news in the judge's denial of relief for November, she did write a very solid yet scathing opinion, and explained in detail why these systems are not secure," she explains. "I'm hopeful that her opinion can spread across --- certainly Los Angeles, and all the counties that are using these systems in Pennsylvania and South Carolina, and even my home county of Mecklenberg, North Carolina --- and shake up some of these election officials. But maybe, most importantly, some of these candidates. That is such a shame that we don't have the parties and we don't have the candidates demanding a fair system."
Marks adds: "We're confident we'll win the case. We've proven our point. We've proven that they're unconstitutional. We've proven that they're insecure. We've proven that people shouldn't be permitted to vote on them. The only piece that's missing is, how long does it take? How long does it take for jurisdictions to be prepared to do something simple, like hand out hand-marked paper ballots? Given how important this election is, it is a real shame that we have to put up with these machines in November."
Finally, we close with the news that Republicans in California --- after Trump and his GOP have been suing to do away with mail-in drop-boxes all over the country --- are actually deploying fake ones up and down the Golden State, in apparent violation of the law, according to California's Secretary of State...
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Trump pretends his way out of the hospital, lies again about COVID, gets blocked on social media, is sinking in the polls and dragging his party down with him. No wonder they need to suppress the vote...
On today's BradCast: The media are still falling for it. Happily, the American people (at least those who aren't fully brain-poisoned) don't seem to be playing that game anymore. [Audio link to full show follows below.]
Among the stories covered on today's show...
The corporate mainstream media now know how they are being played by Trump, but they keep playing along anyway. We open with a short (or maybe not that short) rant about how to avoid being gaslighted by this President and his enablers, including his lying personal White House physician, the bought and paid for sycophants and psychopaths who work for the government or for his political party and lie on his behalf, and his brain-addled supporters who support his lies, even when he pretends to support things they all spent years previously pretending to oppose. And, of course, the media who still make all of those lies possible. Both Charlie Chaplin and off-shore oil-drilling make their way into this rant. You'll need to tune in to find out why;
Facebook finally bothers to take down at least one lie posted by the President regarding COVID-19 and the flu, as scientists and infectious disease experts fume about Trump's dangerous lies regarding that and his own precarious physical (and mental?) health amid his infection and dubious treatment for it;
In some brighter new, new polling finds Trump is receiving no "sympathy bounce" from his illness, as Americans have absolutely no confidence in his handling of the pandemic and believe he has only himself to blame for becoming sick;
New national polling following Trump's embarrassing performance in last week's off-the-rails Presidential debate (yes, that was only last week!) is beginning to look devastating for his reelection odds. A potential outlier of a poll published by NBC News and Wall Street Journal over the weekend finding a 14-point lead for Joe Biden among registered voters (53% to 39% over Trump) appears not to have been an outlier at all. New polling from CNN today of likely voters (which should theoretically find a small margin between the two candidates), finds the former Vice President ahead of Trump by an extraordinary 16 points (57% to 41%). Of course, those are national numbers and we do not run national elections in this country. But Biden is currently leading or tied by similar, if smaller, margins in pretty much all of the swing-states now, and even in a number of states not previously regarded as swing-states;
Trump's disastrous polling numbers also appear to bringing down his party's candidates in all sorts of areas of the country. Daily Kos Elections today shifted their ratings for 10 different House and Senate racesall towards the Democrats. We focus today on two, specifically: The U.S. Senate race in Kansas (Kansas!) where former moderate Republican state Senator Barbara Bollier is giving her Republican opponent, Rep. Roger Marshall, a run for his money (and for the money the GOP would rather be spending elsewhere) in the contest for that state's open U.S. Senate seat this year. DKos Elections has now moved that race from "Likely R" to "Lean R". And in South Carolina (South Carolina!), where recent polling appears to now show a toss-up between disgraced three-term Republican Trump sycophant Sen. Lindsey Graham and his Democratic challenger Jaime Harrison. It's another race where Republicans are being forced to spend huge sums of money, while still being outspent by Harrison and his supporters. That race has also been conservatively shifted by dKos from "Likely R" to "Lean R", though it sure looks like Graham could be in real trouble....if voters in SC are allowed to vote...;
It is, in no small part, because of that trouble for Graham in SC that Republicans had to go all the way to their stolen U.S. Supreme Court to overturn lower court rulings that had waived witness requirements for mail-in ballots, due to the pandemic. State lawmakers had waived the requirement themselves for the state's primaries earlier this year, but re-imposed it for the general election for some reason, now that the pandemic is even worse. The lower courts ordered it waived again for public safety reasons, but SCOTUS, on Monday night, reimposed it, claiming it was too close to an election to change the rules. (That is the so-called "Purcell Principle" which we explain again on today's show. You may be hearing that doctrine cited quite a bit in the coming days.) That, even though many voters may have already sent in ballots without witness signatures as previously allowed by the lower courts. While the Supremes allowed (only) two days from yesterday's ruling for witness-free ballots to arrive by mail and still be counted, three of the Court's rightwing Justices (Thomas, Scalia and Gorsuch) went on record to say that if it was up to them, they would have tossed out all of those already-voted ballots entirely;
Finally today, Desi Doyen joins us for our latest Green News Report, with some disturbing news about yet another monster hurricane heading toward Louisiana (the fourth storm this year to make landfall there, if it does, in an already record year); grim news about California's wildfires; but some great news out of Poland and some very cool news from European airplane manufacturer Airbus!...
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On her historic, nation-changing legacy and the unspeakable GOP hypocrisy over her replacement; Also: Callers ring in on what Dems must do next and on expanding the stolen SCOTUS...
On today's BradCast: I suspect you know what we'll be covering. [Audio link to show follows below.]
But, briefly today, before we get to the titanic battle over what may happen in the next 43 days before Election Day, we begin with a few words of warning from Desi Doyen on the latest incoming Hurricanes/Tropical Storms. In the most immediate case, Tropical Storm Beta (so named because we've run out of alphabetical names in this record, climate change-fueled storm season), is set to make landfall near flood-prone Houston on Monday night before a very slow and dangerously wet roll up the Gulf Coast toward New Orleans.
But every tragedy and disaster steps on another one these days (even as our COVID-19 disaster has now resulted in at least 200,000 Americans dead, and a Trump Administration that has politicized the CDC so much that once world-respected federal agency removed its warning that the coronavirus is airborne from its website today, with little explanation.) Despite all of that, we are forced to move in short order to the story of the day --- and perhaps of the next 43 days or more --- the death of U.S. Supreme Court Justice Ruth Bader Ginsberg from metastatic pancreatic cancer, as announced on Friday evening.
We discuss her extraordinary historic legacy both on the Court and before she became a federal jurist 40 years ago, all too briefly today, as the fight over filling her vacant seat began within seconds of her death being announced late last week. Nearly as quickly, Republican Senate Majority Leader Mitch McConnell vowed to hold a vote in the Senate on Donald Trump's nominee this year --- either before or after Election Day --- despite spending a full year in 2016 disingenuously claiming that "the American people should have a voice in the selection of their next Supreme Court Justice" after Justice Antonin Scalia's death in February of 2016. Back then, Obama nominated centrist jurist Merrick Garland a full 237 days before the Presidential election, while McConnell --- holding fast to his dishonest line that the "vacancy should not filled until we have a new President" --- refused to even hold a hearing on the nomination, much less an up or down vote on the Senate floor.
But now, in this case, following the death of a Democratic appointee with a Republican now in the White House, just 46 days before the 2020 Presidential election, McConnell and most of his Republican caucus in the Senate appear ready to move ahead with their rank hypocrisy at lightning speed. That includes Sen. Judiciary Chair Lindsey Graham, who repeatedly said over the years since 2016 that he would never support seating a new SCOTUS Justice during a Presidential year --- and that we should remember his comments and hold him to them, if the need ever arises. Nonetheless, with the death of RBG on Friday, the unmatched world-class hypocrite Graham declared the very next day, on Saturday, that he would indeed "support" Donald Trump "in any effort to move forward regarding the recent vacancy created by the passing of Justice Ginsburg."
It appears it will now be up to the voters of South Carolina to hold Graham accountable. According to the latest polling in the state, he is said to be tied in a tough re-election challenge this year against Democratic U.S. Senate nominee Jaime Harrison.
So far, just two Republican Senators have gone on record to say they would not support a vote to replace Ginsburg before this year's election (does that mean they'd support it afterward, even if Biden wins? Unknown at the moment.) Those two are Sen. Lisa Murkowski of Alaska and Sen. Susan Collins of Maine. Collins is also facing a tough reelection battle in her own home state this year against Democrat Sara Gideon. While there are boatloads of Republican Senators who previously vowed they'd not support the seating of a new Justice in 2020, it remains to be seen which, if any, will be able to avoid an appalling, Lindsey Graham-like flip-flop. As of now, just two more Republican Senators would have to dig deep enough to find the courage and intellectual honesty to do the right thing in order to stop any appointment until after the next President is determined by the American people.
There are a number of other possible factors that may come in to play in the days ahead. For example, the potential election of Democratic nominee Mark Kelly over Sen. Martha McSally in Arizona on November 3rd, in what is actually a Special Election in that contest, could result in Kelly's seating in November, instead of January with the new Congress. If that came to pass, it could mean that just one more Republican vote could stop this charade. There is also the possibility that Democrats could file another impeachment (or two) in the U.S. House to force a trial in the Senate to slow down the nomination battle over whoever Trump nominates to fill RBG's seat.
And, of course, no matter what happens, Democrats need to begin making plans to expand the number of seats on the stolen U.S. Supreme Court NO MATTER WHAT happens with the GOP's attempt to ram through another rightwinger to build on their ALREADY STOLEN Court majority.
And with that, we open the phone lines today for thoughts on RBG's legacy and, much more so, what Democrats should and/or must do now...
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As my rant near the top of today's BradCast makes clear --- there is a now mountain of madness emanating from the White House. All of it now going on at one time, as Donald Trump and the Republican Party become more desperate with each passing day before this year's election. And while the mountain of unfolding nightmarish stories I quickly cover in that rant are all terrible --- some of them horrific, in fact --- none of them matter, for the moment, as much as making sure that everyone is able to vote this safely this year and have their votes counted as cast in the November 3rd election. That is how we will keep ourselves and this republic alive, as this President and his Administration (and their party) appear to have no interest in that. I hope you'll enjoy the rant nonetheless. [Audio link to today's show follows below the summary.]
Before and after today's rant...
We kick off our show with the new ad from Republican Voters Against Trump, featuring Olivia Troye, a former top aide to Vice President Mike Pence as his homeland security advisor and his lead staffer on the White House Coronavirus Task Force "from day one". Troye, who left the White House in July, announced today that she is endorsing Joe Biden and explains why in the video ad that excoriates Trump for not wanting to hear about the pandemic back in February "because his biggest concern was that we were in an election year and how was this going to effect his record of success." She goes on to charge that Trump "doesn't care about anyone else but himself" and once described his supporters during a task force meeting as "disgusting people";
Then, a bit of testimony from Donald Trump's FBI Director Christopher Wray, in a hearing today before the U.S. House Homeland Security Committee in which the man Trump hired to replace the fired James Comey explains that Russia is currently undertaking "very active efforts...to influence our election in 2020 through what I would call more than malign foreign influence". He testified that the Russian effort underway is meant to denigrate Joe Biden;
But, as noted in our rant, ultimately, none of it matters unless American voters can safely vote and have their vote counted as cast. Toward that end, we have several stories of mostly good news for voting rights, beginning with the federal judge in Washington State who issued a nationwide preliminary injunction today to block what he describes as "a politically motivated attack on the efficiency of the Postal Service" before the November election. The injunction was sought in a suit filed by 14 states against the Trump Administration and the U.S. Postal Service. It seeks to block measures implemented by new Postmaster General and major Trump/RNC donor Louis DeJoy which slowed down mail delivery in advance of an election that will see record mail-in voting due to Trump's failure to control the coronavirus pandemic;
That is hardly the only effort underway by Trump and his party to make voting by mail more difficult this year. But we've got mostly good news to report today from the Supreme Court in the key battleground state of Pennsylvania. The high court approved the use of absentee ballot drop-boxes and is allowing ballots received by elections officials to be tallied if they arrive as late as three days after Election Day and are postmarked by November 3rd. The setback for Team Trump in the state Court's series of rulings on Thursday also included upholding a state requirement that poll watchers must live in the county where they are poll watching (while that's not optimal in most cases, it may be necessary this year to prevent the GOP from bringing in people to intimidate voters. We explain why that is.)
In more good Keystone State news for Democrats, the state Supremes also ruled that the Green Party failed to qualify for this year's Presidential ballot. In better news for Trump and the GOP --- though not good news for voting rights advocates --- the Court denied a Democratic request for voters to be notified to come in and cure absentee ballot deficiencies --- such as missing or perceived mismatched signatures or missing secrecy envelopes --- before those ballots are rejected. Hopefully this serves as a warning to voters in PA (and everywhere else!) to follow all the rules for absentee voting carefully before mailing --- or, better yet --- dropping off ballots in person this year, where allowed. A lawsuit challenging some of the same issues has been filed by the Trump Campaign in federal court, where the Trump-appointed judge in charge of that case has put it on hold as the state cases moved forward. We'll see what that federal judge does now.
The embarrassing battle over absentee ballot drop-boxes continued today in the longtime battleground state of Ohio, leading the Republican Chief Justice of the state's Supreme Court to excoriate her own party for attacks they leveled against Democratic Franklin County Common Pleas Judge Richard Frye after he found in favor of Democrats earlier this week in the state suit they filed against Republican Secretary of State Frank LaRose. In that case, Frye found that state law allows Counties to deploy as many secure mail-in ballot drop-boxes as they'd like.
Longtime "conservative stalwart" and Chief Justice Maureen O'Connor issued a blistering rebuke against state Republicans for their response to Frye's finding, calling the GOP's allegations "disgraceful" and "deceitful" and "a blatant and unfounded attack". Nonetheless, even after Frye's finding, LaRose has so far declined to lift his August directive mandating only one drop-box in each of the Buckeye State's 88 counties and has vowed to appeal Frye's ruling. That turns out to be in contradiction of what the Secretary indicated previously, when he told many people --- including a top labor official in the state (via text messages) as well as a federal judge in a parallel federal suit --- that he would be happy to change his order once a Court clarified if it was allowable under state law. But LaRose, apparently, is a liar...or a coward cowed by his own party;
In our final War on Voting story for today (yes, there will be many more to come in the days ahead, sadly), South Carolina's Republican Governor signed a law this week that will allow any state voter to vote by absentee ballot this year, no excuse needed, in response to the nation's still-out-of-control COVID-19 pandemic. That's good news. But the legislation adopted this week by the GOP-dominated state legislature failed to include several provisions sought by Democrats, including the use of secure drop-boxes for absentee ballots and the waiving of a requirement for a witness to sign the mail-in ballot. The changes to state election law come as incumbent Republican U.S. Senator and Trump lackey Lindsey Graham is said to be TIED in pre-election polling with Democratic challenger Jaime Harrison in the Palmetto State in what could be a stunning upset this November...if ALL voters in the state are allowed to vote and to see their votes counted as cast;
Finally today, in a brief respite from the War Against the War on Voting, Desi Doyen joins us for our latest Green News Report, with some of the ongoing brutal news this week in the war against our ever worsening and deadly climate crisis and those who continue to pretend it doesn't exist...even in a week like this one...
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Yes, we've got a little something for everyone today on The BradCast. We even crank things up to 11 at one point. [Audio link to show follows below.]
Among the stories covered on today's program (as voters headed to the "polls" on Tuesday in Arizona, Kansas, Michigan, Missouri and Washington state --- available unofficial results on tomorrow's program!)...
DEATH & DESTRUCTION
The latest on the record-breaking Hurricane/Tropical Storm Isaias. It slammed ashore in the southern part of North Carolina as a Cat 1 on Monday night and has been ripping straight up the East Coast ever since, drenching state after state as well as knocking out power for millions and spawning punishing tornadoes in several states along the Eastern Seaboard on its way toward New England;
"The best obituary you can read," according to our friend John Fugelsang on The Twitters. It's heartbreaking, enraging and too true;
On Monday night, Donald Trump signed an Executive Memo to slash federal funding for the National Guard's response to the crisis. The Guard has been operating testing sites, distributing food and medical supplies and helping to expand hospitals across the country, but will now receive 25% less federal funding under Trump's new order in most states. In some states, however, such as Texas and Florida (key to Trump's reelection hopes) the deployed troops will still enjoy full federal through the end of the year;
A stunning interview with the President by Jonathan Swan of Axios on HBO --- that many are comparing to the satirical VEEP today or even the classic mockumentary This is Spinal Tap --- aired last night. We share one of the gobsmacking portions of the interview featuring Trump's embarrassing, grade school-like excuses regarding the continuing national rise in COVID-19 deaths. And then the short, classic scene from Spinal Tap that so many are aptly comparing it to today;
As the virus moves from major urban hot-spots into more rural (and less medically well-equipped) areas of the nation, The Prospect's David Dayen reminds us in his latest column that consolidation of hospital networks over the past decade has resulted in the closure of hospitals in many of those same, rural, under-served areas. 120 "unprofitable" hospitals in low-income communities have been shuttered since 2010, a crushing moral failure in the current American healthcare system that began long before Donald Trump came along to break it even more...along with everything else.
HOPE & CHANGE!
Sen. Martha McSally remains on track to be the first Republican to lose not one but two U.S. Senate seats to Democrats in Arizona. New polling shows her trailing substantially behind presumptive Democratic nominee Mark Kelly this November, even as state Republicans appear set on Tuesday to nominate the woman appointed to fill the seat of the late John McCain in 2019 instead of her GOP primary rival who polls better against Kelly. But Kelly's lead over McSally is tightening according to some recent surveys;
Senator Mitch McConnell in Kentucky and Tommy Tuberville in Alabama, according to new polling, both now enjoy double-digit leads against their Democratic opponents this November. That would be Amy McGrath in KY and Sen. Doug Jones in AL. But with McConnell's national approval ratings slipping as he fails to coalesce his GOP caucus in Congress around another round of desperately needed coronavirus emergency relief, anything could still happen;
And, speaking of how anything could happen, one of Trump's top acolytes in the U.S. Senate, Lindsey Graham, is now statistically tied with his Democratic challenger Jaime Harrison in South Carolina. Yes, in South Carolina! The incumbent Graham currently holds just a 1-point lead over Harrison in a new Morning Consult poll released on Tuesday. That is well within the poll's 4-point margin of error. Other recent polls give Graham a wider lead over Harrison, though not an insurmountable one, as the once long-shot Democratic challenger continues to out-raise Trump's toady in the Palmetto State.
DEATH & DESTRUCTION + HOPE & CHANGE!
Finally, Desi Doyen joins us for our latest Green News Report, with more on the record-breaking Hurricane Isaias; Disturbing news about storm impacts now moving further inland as the climate changes; and 15 states are now giving Donald Trump a sad by mandating a move to all-electric trucks and buses...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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On today's BradCast: With the frantic, if justifiable, move towards Vote-by-Mail in the midst of the coronavirus pandemic, one shouldn't underestimate the GOP scheming going on right now to figure out how to make sure that their efforts at vote suppression can continue none the less. [Audio link to show follows below.]
That's especially true since broad Vote-by-Mail programs are likely to increase Democratic "turnout" in many, if not most jurisdictions. (That, even as many Democrats, for their part, are underestimating the amount of fraud that can happen with broad Vote-by-Mail programs if safeguards are not carefully instituted. Such precautions are easy, given the rushed deadlines and lack of needed funding and manpower in most jurisdictions right now.)
Our elections this year are most definitely in peril. Even as many states have now rescheduled primaries, optimistically, until June 2nd. Georgia has rescheduled its primaries for May 19 (the date which was originally scheduled to hold Kentucky's primary as well, though they have smartly pushed theirs further down the road).
Perhaps most troubling of all at the moment, Wisconsin will hold primaries and a state Supreme Court election on April 7! That just over a week and a half from today, despite the Governor having shut down all non-essential businesses and ordering residents to stay-at-home through at least April 24! Election officials in several Badger State jurisdictions are complaining they will be unable to find enough pollworkers (resulting in much longer --- and dangerous --- lines); at least one major city is suing, declaring it "functionally impossible" to carry out the election while allowing voters and pollworkers to maintain necessary social distancing; and the County Clerk in for the state's capital (in one of the most Dem-leaning counties in the state) is seeing voters threatened with legal challenges if they follow his advice to declare themselves "indefinitely confined" in order to request an absentee ballot online without uploading a Photo ID, which many seniors are finding difficulty to do.
Nonetheless, the state's Democratic Governor is allowing the April 7 elections to move forward, and the Republicans in the state legislator --- who would be needed to take action in order to postpone it or change it to an all-VBM election --- are applauding the Governor. Now why would they do that?
In Georgia, meanwhile, don't be fooled by the Republican Sec. of State's lofty, high-minded explanation for mailing an absentee application to every "active" voter in the state. While that might otherwise be a very good thing, what about all of those voters who are still registered and eligible to vote this year, even if they have been marked "inactive" by the same Secretary of State?
None of this is particularly encouraging. Though neither is the fact that a record 3.28 million Americans filed for unemployment benefits this past week, shattering the decades-old record of 695,000, with likely many more who were not able to file this past week because state websites and phone systems were overwhelmed, crashing and freezing up.
But, don't worry. Treasury Secretary Steven Mnuchin says the quintupling of the all-time weekly unemployment record is "not relevant", thanks to the emergency stimulus bill passed by the Senate 96 to 0 on Wednesday night and now waiting for passage in the House, most likely on Friday. Of course, it's not only Mnuchin misleading Americans on behalf of the Trump Administration, the New York Times did a pretty good job of it as well recently.
All of which should serve as a reminder of the importance of supporting independent local journalism, with alt-weeklies dropping like flies (with no ad revenue to support them since restaurants, theaters, concerts, and other social gatherings are mostly shut down), even as their online readership is way up during the crisis, and local, non-commercial, listener-supported radio stations also having a similarly difficult time keeping their transmitters humming during this pandemic.
We discuss all of that and more today, before closing with Desi Doyen's latest Green News Report, which, along with some good and bad news on the stimulus bill and some bad news about the Trump Administration's continuing rollback of public safety regulations even during the crisis, actually includes some bona fide good news from a federal court regarding the Standing Rock Sioux Tribe's ongoing battle against the Dakota Access Pipeline...
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Before we can even get to the central story line on today's BradCast --- Biden's weekend win in South Carolina and voting system problems leading in to Super Tuesday, particularly in Los Angeles --- or crack open the phone lines to a bunch of calls with questions about voting on Super Tuesday, we quickly round up just some of the weekend news stories which, in a normal world, would each have merited their own entire program! [Audio link to show is posted below.]
The news began breaking left and right after we got off air Friday and hasn't stopped through airtime today. Among the stories quickly covered at the top of today's show...
A three-judge panel on a federal court of appeals tossed out the House of Representatives' lawsuit to force Donald Trump's former White House Counsel Don McGahn to testify under the House's lawful Congressional subpoena as a witness to Trump's attempt to kill the Robert Mueller Special Counsel probe. If the panel's 2 to 1 ruling led by two George W. Bush judges holds, it'll be the end of all Congressional oversight of the Executive Branch as we know it;
A federal appeals court blocked Trump's "Remain in Mexico" policy for immigrants seeking asylum in the U.S., and then unblocked it moments later;
Trump loyalist Rep. John Ratcliff (R-TX) was nominated for a second time to become Director of National Intelligence despite no intelligence experience to lead the nation's 17 intelligence agencies and after having been rejected by Senate Republicans when he was nominated the first time last year for the same role;
The U.S. signed a peace deal with the Taliban to remove all U.S. troops from Afghanistan in America's longest war, but Rep. Barbara Lee (D-CA) the only member of Congress to have voted against the 2001 Authorization of Military Force, says Trump's "so-called 'peace deal' is anything but" and will leave thousands of troops in place. As of Monday, the Friday deal is already falling apart;
6 deaths from the coronavirus in the U.S. have now been reported over the weekend and into Monday, with a cluster of cases in the Seattle area, and new infections announced in New York, Chicago, Florida, Arizona and elsewhere;
And, on Monday, the U.S. Supreme Court agreed to hear the GOP/Trump Administration challenge to the Affordable Care Act (ObamaCare) which, if successful, would completely strike down the landmark health care insurance law, leaving millions without coverage and insurance companies free to deny coverage to those with pre-existing conditions again.
All of that before we are able to even get to Joe Biden's huge reported victory at the South Carolina primary on Saturday, besting his nearest competitor (Bernie Sanders) in the Palmetto State with more than twice as many votes. In the wake of Biden's revival after his dismal performance in the first three states (Iowa, New Hampshire and Nevada), several candidates dropped out of the race, including billionaire Tom Steyer, former South Bend, IN Mayor Pete Buttigieg and MN Senator Amy Klobuchar. The last of those two announced their endorsements of Biden on Monday as centrist Democrats band together to challenge Sanders.
But what of those voters in California, Texas and a dozen other Super Tuesday states who made the mistake of voting early (despite our weeks and months of warning folks otherwise) for a candidate no longer in the race as of tomorrow's primaries in all of those states? And what of those voting centers where Los Angeles County's new, $300,000,000 unverifiable touchscreen voting systems have been failing to work at all? And why have pollworkers in L.A. been told not to talk to media, as I learned this weekend.
We open the phones to callers today (as we will again tomorrow) to hear about their early voting experiences, problems and concerns, and for questions about the new, frequently unverifiable voting systems now in use across the country (in places like South Carolina, North Carolina, Texas, Georgia, Pennsylvania and elsewhere in addition to L.A. County, the largest voting jurisdiction in the nation)? A number of callers were alarmed to learn about the flaws and failures of touchscreen computer Ballot Marking Device, including one caller who noted that, no, she didn't bother to verify her computer-marked paper ballot before casting it, believing that her work was done after verifying her choices on the touchscreen! So, a very busy hopefully interesting and informative (and, sorry, maddening) show today on 'The BradCast'!...
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