Fact-checking Trump's litany of lies to Congress; Canadian Premier threatens to push back against Trump tariffs; PLUS: SCOTUS weakens Clean Water Act to allow more raw sewage discharge...
GNR's 16th ANNIVERSARY!: Trump's funding freeze hits farmers hard; Wildfires explode in the Carolinas; PLUS: Mass layoffs begin at National Weather Service...
THIS WEEK: Five Things ... Government Efficiency ... The Guilt of America ... and more! In our latest collection of the week's most humiliating toons...
Trump v. Ukraine in rare-earths deal; Springs getting warmer due to climate change; PLUS: Trump EPA moves to ditch landmark climate change endangerment finding...
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...
On how I started blogging, the many still-unanswered questions about the 2016 election, how our voting systems are getting worse, not better, and what we all must do right now to protect the 2018 midterm elections...
Desi and I are ducking out for a short breather over the Independence Day holiday. But, before we go, I appeared recently on Free Forum, hosted by longtime broadcaster and great interviewer TERRENCE MCNALLY.
So, with McNally's kind permission on today's BradCast, we bring you that recent interview, originally recorded in studio on June 24, 2018 at KPFK, our flagship Pacifica Radio Network station in Los Angeles, in which the tables are turned a bit on me.
I respond to his questions about my background, the bizarre circumstances --- and, yes, election chicanery --- which helped lead me deep into the world of investigative blogging, broadcasting and muckraking some 15 years ago.
We also discuss detailed concerns about the reported (and still unverified) results of the earth-shaking 2016 Presidential election, how jurisdictions around the country are now moving to new computerized voting and tabulation systems in its wake (even as those systems, with computer-marked, barcoded ballots will only sever to make public oversight of results worse, not better) and what Americans can do right now to fight like hell to assure they are able to vote and have their votes counted as per intent in the crucial 2018 midterms.
Much thanks to Terrence for allowing us to re-purpose his program for today's BradCast! Please see and download his many years of insightful interviews with tons of fascinating and much smarter folks than I, and sign up for his weekly email announcement list, at his website, AWorldThatJustMightWork.com! You can also hear his show on weekends at ProgressiveVoices.com and TuneIn.
We'll be back with ya after the holiday weekend! Please stay safe and, somehow, cool, until our return!
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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On today's BradCast: Incredibly enough, one newly nominated Democratic U.S. House candidate had to ask, out loud, on one of the weekend network news shows: "Are we fighting or not?" The question was in reference to whether Senate Democrats planned to do everything within their power to block a vote on Donald Trump's nominee for the U.S. Supreme Court. [Audio link to show follows below.]
That Democratic U.S. House nominee was progressive Alexandria Ocasio-Cortez, who unseated the 4th most powerful Democrat in the House just last week in New York's Democratic Primary election by a landslide. She was appearing on NBC's Meet the Press. It's simply stunning that the Democratic Party's response to the retirement of Justice Anthony Kennedy has been so flat-footed that it's still unclear today, almost a week later, whether Democrats are prepared to fight, all out, against a second Trump nominee for the Court who will be the decisive vote in overturning and reversing decades of hard-won rights on virtually every front.
Today, Democratic Senate minority leader Chuck Schumer called on Americans to pressure their Senators to block anybody nominated by Trump. The call, via a New York Times op-ed charging that "our rights hang in the balance", comes not a moment too soon and follows a lukewarm response from many Senate Dems (including Schumer) and a tepid commitment by (supposedly) pro-choice GOP Senator Susan Collins of Maine to vote against a Trump nominee who is "hostile" to settled law, such as Roe v. Wade.
It's still unclear whether all Democrats are onboard with blocking Trump's nominee, whether any Republicans will actually join them, and what Dems are willing to do in order to block such a vote entirely for a few months, until at least after this November's election where they could regain the majority. That, even after Senate Republicans blocked Obama's SCOTUS nominee for nearly a year before stealing a majority on the Court with Trump's nominee Neil Gorsuch.
We discuss the possibilities for Dems on today's show, along with what I describe as the necessity for Dems to walk out and deprive the Senate of a Constitutionally-required quorum and bring all business to a halt, if that what it takes to block Trump's nominee. That nominee, of course, would also immediately have a huge conflict of interest in ruling on a President who nominated him or her, even as he was the subject of a serious criminal investigation by a Special Counsel into an alleged conspiracy against the United States and unlawful obstruction of that investigation.
Remarkably, there are still many "Very Smart People" in the media and Democratic politics who seem to feel that the fight is already lost, and that Dems should somehow keep their powder dry until after the crucial midterm elections or else risk losing their chances of winning back one or both houses of Congress this November.
That is nonsense. This is the fight of all of our lives, at this point. Political calculations like that are both outrageous and counter-productive for Democrats for several of the reasons I detail today. If Democrats can't take a stand on this, they should get out of politics all together. They may or may not win the fight, but that's nowhere close to the point.
We open the phone lines today to all of that and more, as both elected Democrats --- and even many of those calling into the show today --- seem to have a very difficult time staying focused on what actually matters at this crucial moment in history and what is at stake for the country itself in the midst of our ongoing Trump/GOP-fueled National Emergency...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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On today's BradCast: Political earthquakes. Several of them. All shaking up the political world just within the past 12 to 24 hours. As if we needed still more chaos. [Audio link to show follows below.]
We do our best to navigate through as many of those temblors --- one or two of them quite encouraging, the rest, not so much --- as possible, with the help of our guest today, JOHN NICHOLS, longtime progressive champion and Washington Correspondent for The Nation.
Among the several earthquakes covered today: Antonia Ocasio-Cortez, a 28-year old Latina and political novice unseated Democratic Rep. Joe Crowley, the fourth most powerful Democrat in the U.S. House, by a huge margin (some 15 points) during Tuesday's midterm primaries in New York's 14th Congressional District. The defeat of a 10-term incumbent, previously thought to have been a potential future Speaker of the House, by a self-described Democratic socialist who raised and spent millions less than Crowley, has sent shockwaves through the Democratic establishment.
"When we vote, this is what happens," Ocasio-Cortez declared today after her stunning upset victory, following on the heels of her viral campaign video in which she declared the race "about people versus money. We've got people, they've got money." In the strongly Democratic district in Queens and The Bronx, she is almost certain to win this November.
In Maryland, meanwhile, another proudly progressive Bernie Sanders acolyte, former NAACP Chair Ben Jealous bested several other Dems to win the nomination to run on his bold populist agenda against popular GOP Gov. Larry Hogan this November.
Also on Tuesday night, a federal judge in San Diego --- a George W. Bush appointee --- issued a ruling requiring the Trump Administration to reunite families separated at the border within 30 days or less. (Within 14 days, if children younger than 5 are included.)
On Wednesday, however, things to several turns for the worst. First, the stolen 5 to 4 majority on the U.S. Supreme Court, in yet another far-right ruling overturning decades of established law, struck down so-called agency fees that public sector unions had been allowed to charge non-union members in exchange for representing them in collective bargaining negotiations. Though federal law still requires that non-union members receive the same pay and benefits as union members, the Court's final ruling issued before Summer recess means public sector unions are likely to lose millions of dollars and hundreds of thousands of members. The decision is seen as a huge blow to labor and a long-sought victory for Republicans. In her dissent to Justice Samuel Alito's majority opinion finding the 40-year old violated First Amendment free speech rights of non-union members, Justice Elena Kagan charged her GOP colleagues with "weaponizing the First Amendment" for political purposes. "At every stop," she charged in her opinion, read from the bench, "there are block-robed rulers overriding citizens' choices. The First Amendment was meant for better things."
But the day's largest earthquake, by far, came shortly thereafter, as 81-year old Justice Anthony Kennedy, a conservative Ronald Reagan appointee, who was often the swing-vote on issues such as abortion, gay rights and other progressive causes, announced he would be retiring at the end of July.
Nichols, author of The Horsemen of the Trumpocalypse, helps us navigate all of the above today, with analysis and insight on all of today's political earthquakes, as well as my argument that Senate Democrats must now follow the so-called "McConnell Rule" --- which Senate Republicans used to prevent a vote on Merrick Garland, President Obama's nominee to fill a vacant SCOTUS seat, for nearly a year in 2016 before it was ultimately filled by Trump's nominee Neil Gorsuch in 2017.
Not only must Dems insist on no voting on any Trump nominee to SCOTUS until after the November Election and the seating of the next Senate, just as McConnell and the Republicans did in 2016, but since Repubs unilaterally changed the Senate filibuster rule in order to force Gorsuch's confirmation through with a bare majority, Dems should consider walking out entirely --- for months, if necessary --- if the absence of a Senate quorum might prevent a vote on whoever Trump nominates to fill Kennedy's seat.
Yes, shut it all down, if necessary. As I argue today, the stakes are now that high. In order to prevent the further erosion of enumerable long-held American rights and values, Democrats now need to put it all on the line in advance of the 2018 midterm primary, which could flip the balance of the upper chamber to the Democrats. Nichols responds with his own thoughts in response to my assertion, and much more --- including on some of the otherwise very good news for progressives from Tuesday's primaries...
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On today's BradCast: The U.S. Supreme Court seat stolen by Senate Majority Leader Mitch McConnell and his Senate Republicans --- who carried out the unprecedented blockade of President Obama's SCOTUS nominee Merrick Garland for almost a year following the death of Antonin Scalia --- paid off in spades today in two separate 5 to 4 decisions which should forever have an asterisk next to them in the history books. [Audio link to today's show is posted below.]
First up today, however, primary elections are being held in seven states on Tuesday in New York, Maryland, Utah, Colorado and Oklahoma, with primary runoffs in Mississippi and South Carolina. We'll have noteworthy results and problem reports on tomorrow's BradCast, though we already know of one huge problem in Baltimore. (No, it's not a mere "glitch" or "snafu", Baltimore Sun. It is a failure...at the very least!) On Monday night, it was revealed that Maryland failed to include updated voter registration information for some 80,0000 voters who made changes to their party affiliation or residential addresses since April of 2017. The announcement was made by the state late on the evening before Tuesday's elections, in which those voters were forced to vote on provisional ballots at the polls. Those ballots will be included in the results, but won't be tallied until next week.
Then, we're joined again today by Slate's great legal reporterMARK JOSEPH STERN to discuss both of the U.S. Supreme Court's grim rulings today on Trump's Muslim travel ban and on so-called "crisis pregnancy centers", as well as several decisions from Monday --- all of which, Stern correctly points out, would almost certainly have seen the opposite outcome under Garland instead of Justice Neil Gorsuch who has been the "decisive 5th vote" in each of the cases. "Every single one of the decision that we're talking about right now would have come out differently if Justice Merrick Garland were sitting on the Supreme Court right now instead of Justice Neil Gorsuch. We would have an end to partisan gerrymandering, an end to racial gerrymandering, an end to voter suppression, an end to crisis pregnancy centers' efforts to be lawless and not have to comply with basic medical licensing. The travel ban would be struck down. It's almost brutal to think about how all of these cases would turn out if the man who should be on the Court were on the Court."
Stern details Chief Justice John Roberts' 5 to 4 majority opinion in the travel ban case, in which the Court overturned multiple lower courts to uphold Trump's third attempt at banning immigrants and travelers from several majority Muslim countries. As dissenter Justice Sonia Sotomayor also does, Stern compares the ruling to the notoriously shameful 1944 Supreme Court decision in Korematsu v. U.S., which allowed Japanese-Americans to be forced into internment camps during WWII. Today's ruling is being described as "shameful", “hateful" and "racist" by immigration advocates and religious groups alike. Stern calls the decision --- in which Roberts largely dismisses Trump's oft-repeated statements revealing his personal animus towards Muslims --- as "Korematsu 2.0"
"This Court is not as disturbed and disgusted by Trump's approach to immigration as I think a majority of Americans are," he tells me. "This is a Court that's eager to bless the President's moves in the realm of national security, and to basically believe his pretext, even when it's flagrantly B.S"
Sotomayor argues in her dissent: "By blindly accepting the Government's misguided invitation to sanction a discriminatory policy motivated by animosity toward a disfavored group, all in the name of a superficial claim of national security, the Court redeploys the same dangerous logic underlying Korematsu and merely replaces one gravely wrong decision with another."
Stern also details Justice Clarence Thomas' 5 to 4 majority opinion which, under a pretext of First Amendment free speech rights, strikes down California's restrictions on anti-abortionist scam artists posing as phony medical clinics to hoax pregnant women into not receiving abortions. Thomas, charges Stern, "wrote an astonishingly broad decision that effectively says the government has no power to regulate professional speech, no power to regulate medical speech, or doctors' speech, except when they are telling abortion patients not to get abortions." In all, he says, describing how the Court is also targeting voting rights by reversing multiple lower courts in recent rulings, they are "on a kind of tear right now, overturning court after court" and/or using any "flimsy reason to send a case back down" for rehearing.
Yes, elections matter, if you haven't noticed. In the case of the 2016 election, the result will now haunt the U.S. for generations.
Finally today, we're joined by Desi Doyen with the latest Green News Report on the climate changed-fueled flooding in Iowa that resulted in an oil train derailment and hundreds of thousands of gallons of dirty tar sands crude spilled into the drinking water supplies, and other such cheerful news to close out today's program...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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As the GOP's stolen U.S. Supreme Court further undermined American democracy today...and as climate change-fueled extreme weather resulted in a tar sands oil train derailing and leaking hundreds of thousands of gallons of crude into the drinking water supply for Iowa (and perhaps even Nebraska)....and as the President of the United States lied about immigration facts again while calling for the violation of both U.S. and international law by ending all Constitutional Due Process rights for those seeking asylum in the U.S....many of the always-reliablehand-wringers in the corporate mainstream media and the same Rightwingers who went all the way to the U.S. Supreme Court to support a bigoted baker who refused to bake a cake for a gay couple, are just beside themselves that some Administration officials are facing public protests for their abhorrent complicity in undermining so much that the U.S. supposedly stands for.
We detail all of that on today's BradCast, and open up the phones to listeners on all of it, including calls on whether it's appropriate (and/or long overdue) to protest/shun public officials in their private lives (at restaurants, etc.); what really needs to be done regarding immigration (lots of fact-checking today to Trump's continuing lies about it), and whether, as student protester Mario Savio said, when kicking off the Free Speech Movement at Berkeley in 1964, this is a "a time when the operation of the machine becomes so odious, makes you so sick at heart, that you can't take part! You can't even passively take part! And you've got to put your bodies upon the gears and upon the wheels...upon the levers, upon all the apparatus, and you've got to make it stop! And you've got to indicate to the people who run it, to the people who own it, that unless you're free, the machine will be prevented from working at all!"...
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On today's BradCast, Brad and Desi are off breathing deeply. I’m sitting in – Angie Coiro, host of the syndicated In Deep with Angie Coiro.
First up, I spend time with ZIVA BRANSTETTER, Senior Editor with Reveal. She and the Reveal investigative team broke a number of key stories involving the child detainees this week: the drugging of the kids, violence, sexual misconduct, and petty theft at the camps and facilities; who’s making money off the detentions; and what agencies are charged with cleaning up the mess. And yes, she confirms: this has been going on for a good many years. The blatant wholesale grabbing of toddlers from parents is an ugly Trump twist, but Barack Obama has a lot to answer for, too.
Then onto the latest SCOTUS decision. The 5-4 verdict supports privacy protections from government trying to follow personal movements through cell site data. CYRUS FARIVAR of Ars Technica and author of the new book Habeas Data breaks the decision down – including its historic footing, and its peculiarly arbitrary “six day” rule.
Advertising brings up its own privacy issues. Long-time media critic KEN AULETTA has a new book, Frenemies. He probes here into exactly how tense the battle has become between advertisers, their agencies, and individual consumers trying to keep bits of their lives to themselves.
Finally: exactly how crazy the battle for Silicon Valley primacy and the consumer dollar can get: JOHN CARREYROU talks about the Theranos scandal. If you think you’re already cynical enough about what companies will risk to get your dollar – well, maybe you’re wrong. His deservedly bestselling book is Bad Blood: Secrets and Lives in a Silicon Valley Startup.
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
On today's BradCast, we have not one, but two important and separate warnings for Donald Trump and the Republican Party, as pulled from the deep audio archives of 1988. Both of which --- on two separate topics from two separate people --- they seem to be completely ignoring, even as one of those warnings comes from their supposed idol Ronald Reagan. [Audio link to show posted below.]
First up today, the Trump-caused child immigration crisis continues to unfold with several disturbing new reports of unspeakable abuse at two separate federally-contracted facilities, based on filings in new federal court cases. One from Associated Press on beatings and more at a youth facility in Virginia and the other from the Center for Investigative Reporting on the forced injection of psychotropic drugs at a facility near Houston. That, as an Executive Order signed by the President on Wednesday, reversing part of his Administration's policy, fails to speak to family reunification for more than 2,300 children separated from their parents in recent weeks under Trump's "zero tolerance" border policy, and an Administration request to the Pentagon for space to house some 20,000 migrant children.
While all of those American nightmares have been unfolding over the past week, the effects of Trump's growing trade war have been quietly playing out in the background, as the Dow has dropped some 600 points over the past four days, with China and friendly allies like Canada, Mexico and the EU vowing massive and swift retaliation for ill-considered tariff's on foreign imports instituted by Trump. Among the hardest-hit victims of his new trade wars: farmers who were among some of biggest supporters of Trump's candidacy in 2016.
Perhaps that explains why, as share in an audio clip from 1988 today, Ronald Reagan warned: "We should beware of the demagogues who are ready to declare a trade war...all while cynically waving the American flag."
Next, we're joined by MARK JOSEPH STERN, legal reporter at Slate, and our "Supreme Correspondent" this month, as the U.S. Supreme Court slowly releases a bevy of decisions in advance of their planned Summer recess, on a number of major cases heard at the high court over the past term. Among the cases we discuss today:
On Thursday, SCOTUS released a 5 to 4 decision allowing states to impose sales taxes on all online purchases. The ruling found some very strange bedfellows in both its majority and minority opinions, but both Stern and I agree, the decision makes sense, and will be good for local retailers, jobs, the economy and state budgets where, particularly in "red" states, tax cuts in recent years have lead to the gutting of education, infrastructure and other important social services. The 1967 SCOTUS ruling struck down today, was "a totally capricious standard that the Court created itself," Stern argues. "This was the Court fixing a problem that it made."
Stern also details an exceedingly troubling --- if little reported --- case out of South Dakota, where a man was found guilty of murder and sentenced to death, according to jury members themselves, they feared, as a gay man, he might enjoy life in prison too much. Seriously. Perhaps the most disturbing part of this matter: the Court declined to hear the case at all. Even the liberal Justices failed to offer a written dissent to the Court's decision.
We also discuss the SCOTUS' regrettable punts this week on two partisan gerrymandering cases in Wisconsin and Maryland. (More on those cases earlier this week, with author David Daley on Monday's BradCast.)
And the seemingly unprecedented federal court smack down of Kris Kobach, notorious GOP "voter fraud" fraudster and Kansas Secretary of State. His "Proof of Citizenship" voter registration law was struck down by a George W. Bush-appointed federal judge, and he was slapped for his contemptible performance in the courtroom --- where he represented both himself and the state of KS --- with more humiliating sanctions that include an order to attend six hours of legal classes. Moreover, as Stern reports, Kobach appears to be in still more violation of court orders, as he has yet to remove the requirement for citizenship documentation for voter registration from the KS Sec. of State website, as the judge ordered him to do "immediately" in her ruling on Monday.
"I think that there is a decent chance that we could see even more sanctions for Kobach after this," Stern tells me. "Kobach is such a clown that this judge is going to finally have to bring down the hammer and I think it's going to be a glorious sight." (More on that case, with Sophia Lakin, one of the ACLU trial attorneys on the case, from Tuesday's BradCast.)
Previewing the cases still to come before the end of the month, Sterns warns: "I think the Supreme Court is going to hobble public sector unions by preventing them from collecting dues from no-union members. I worry the Supreme Court is going to uphold the [Muslim] travel ban. I do think the Court may put real limits on the government's ability to collect information about where your cell phone has been from your provider. That's going to be a bright spot, I hope. But I also think the court's going to end up striking down California's disclosure requirements for crisis pregnancy centers. So, this is s not going to be a good term for progressives. I think everyone needs to just buckle in and focus on November."
Finally, Desi Doyen joins us for the latest Green News Report on a number of important issues that the Trump Administration did quietly this week as the rest of the nation and media were consumed with the child immigration story, and the 30th anniversary of Dr. James Hansen's first dire warning to Congress --- also in 1988 --- about the then-looming menace of global warming due to the unprecedented release of greenhouse gasses, such as carbon dioxide from the manmade burning of fossil fuels, into the atmosphere...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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On today's BradCast: Trump gets even uglier as he's forced to back down on his lies about his immigration policies. A few election results out of D.C. and Arkansas. And some thoughts for progressive voters as we barrel towards this November's crucial midterms. [Audio link to show posted below.]
First up: A quick round-up of results and problem reports following primary elections on Tuesday in Washington D.C. (where voters adopted a $15 minimum wage measure for those in the service industry, despite a cynically and wildly misleading "Save Our Tips" campaign funded by the restaurant industry in opposition to Initiative 77) and in Arkansas (where runoffs were held following primaries and a computer tabulation "fiasco" late last month on 100% unverifiable touchscreen voting systems made by ES&S.)
Next: After repeatedly claiming he didn't have the legally authority to keep parents and children together after they were arrested crossing the border, Donald Trump buckled under growing political pressure and signed an executive order on Wednesday to allow parents and children to stay together after being arrested crossing the border.
Many questions (and legal challenges) lie ahead regarding the new policy and what will now happen to those 2,300 children ripped from their parents over the past month following the Administration's chaotic and ill-considered "zero tolerance" policy at the southern border.
We cover a number of relatedstories to all of that today, as well as some response to our coverage of the issue over the past week. That response includes a bit of a rant in return, regarding the necessity of voting for Democrats this November --- good ones or bad ones --- in service of putting some brakes on the disastrous cruelty and incompetence of Trump/GOP rule in D.C. (Or, for those who prefer the chaos and cruelty of the Trump Administration, and there are many who do, the option to vote for Republicans or stay home entirely in support of still more of it.)
I've got a bit of a rant today (and so does Desi) on the incredibly lazy argument, still heard from some progressives --- even after all that we've seen in the Trump Era --- that "both sides are the same". We've got a few words for those who forward arguments which support that notion, which serves only to perpetuate the worst of the Trump/GOP's inhumane and horrifically destructive policies.
Finally: As a reminder what can happen in a mostly normal, progressive country, Canada, on Tuesday night, ended 90 years of failed prohibition policy, by approving the sale and use of recreational marijuana across the entire country...
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On today's BradCast: GOPers in D.C. try to overcome Trump's wildly unpopular new border policy and Kansas' Secretary of State loses again in court and faces what may be his most humiliating moment to date. But that's very good news for voters! [Audio link to program is posted below.]
First up, the panic for Republicans on Capitol Hill continued to mount on Tuesday as GOP lawmakers scrambled to find a legislative way out of the family separation crisis created by Donald Trump at the southern border, where more than 2,300 children have now been separated from their parents since his "zero tolerance" policy was first implemented just two months ago. Also today, the Administration announced their intention to pull the U.S. out of the U.N. Human Rights Council the day after its outgoing head blasted the United State's new border policy as "unconscionable" for "inflicting such abuse on children". We discuss the latest on all of the above.
Then, after a quick recap of the 8-year ignominious history of Kansas Sec. of State Kris Kobach's inglorious tenure as the nation's top elected GOP "voter fraud" fraudster, we're joined by attorney SOPHIA LIN LAKINof the ACLU's Voting Rights Project, to discuss Kobach's latest brutal humiliation. In a victory for the state's voters on Monday, U.S. District Judge Julie Robinson (a George W. Bush appointee), struck down Kobach's extreme "Proof of Citizenship" voter registration law, finding it in violation of the National Voter Registration Act and the Constitution.
The KS Sec. of State has repeatedly defended the law in court, and has been defeated in virtually every battle over it for years, since persuading the state legislature to adopt the measure. But Robinson's ruling on Monday permanently enjoins the law, which had kept tens of thousands of legitimate state registrants in various forms of electoral limbo as Kobach continued to insist their was a massive (if, apparently invisible) epidemic of non-citizen voters jeopardizing the integrity of KS elections.
Kobach, who originally ran for office in 2010 almost solely on the false and misleading promise to "STOP VOTER FRAUD" in Kansas, has failed to find virtually any such fraud during his eight years in office. As Lakin, a member of the ACLU's trial team explains today, during the trial earlier this year, wherein Kobach chose to represented himself and his state, he was unable to show evidence of almost any non-citizen registrations or votes cast in Kansas, despite millions of legal ballots cast during the same period.
"From 1999 to 2013," she tells me, "Kobach was able to present just 39 confirmed non-citizens who were able to successfully get on the rolls, and of those 39, only 11 voted." Most of the registrations, she explains --- as did the judge in her 118-page ruling [PDF] --- were due to administrative errors.
"The judge pretty much agreed that Kris Kobach has been peddling a xenophobic lie that non-citizens are engaging in rampant election fraud. And this was his chance. This court battle that we just had was his chance to put on the record his evidence that this is what was happening. The judge saw that evidence, and she agreed that there was very little evidence of non-citizen voting in Kansas --- certainly not enough to justify the tens of thousands of individuals that have been disenfranchised by that requirement."
"The judge very much wanted Kris Kobach to have his day in court, to put his evidence of non-citizen voting to the test, to see what he was able to actually muster," Lakin tells me. "We even re-opened discovery for the very purpose of him doing that. So, the proof is in the pudding here. He utterly failed."
Of course, Kobach has vowed to appeal the ruling, as he does. But, aside from the verdict's very good news for voters, there was another extraordinary aspect to Robinson's ruling on Monday. In what amounted to a third set of judicial sanctions against him during the long course of the 2016 case and this year's full bench trial, Judge Robinson admonished Kobach in a newly humiliating way. After previously sanctioning him to pay some $50,000 in ACLU legal bills, due to his contempt in having misled the court, Robinson ordered Kobach to attend 6 hours of law school to study up on federal and state courtroom procedures!
Lakin details how, during the trial, the judge repeatedly --- and embarrassingly --- was forced to explain basic rules of evidence and other standard courtroom procedures to Kobach.
"Judge Robinson essentially ordered Kobach to go back to school" in her ruling, she says, explaining that Kobach's performance in the courtroom and repeated reprimands from the judge were likely even worse than the clownshow that the media reported them as, at the time. When I asked how unusual these type of sanctions are against a trial lawyer, she says: "To be honest, I don't think I've ever seen so many sanction rulings against an attorney at all," much less one where they were ordered to attend legal classes.
And, as if that wasn't enough, the ACLU launched yet another lawsuit today against Kris Kobach, this time over his so-called "Crosscheck" system to help (inaccurately) purge voting rolls in some 26 states.
Finally, Desi Doyen joins us for the latest Green News Report, as Trump's tariffs against China blow back on the U.S. energy industry, his EPA's gutting of regulations threatens tens of thousands of lives, global warming is making hurricane damage far worse and housing prices fall, and as McDonald's finally plans to do away with single-use plastic straws...
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On today's BradCast: More disappointing (if not deadly) rulings on voting rights were released on Monday from the U.S. Supreme Court, and callers ring in on the growing outrage of the last few days, thanks to the parent/child separation of Donald Trump's "zero tolerance" policy at the border.
First up today, two long-awaited rulings from the U.S. Supreme Court on partisan gerrymandering were finally handed down on Monday. In both cases, as our guest today, FairVote'sDAVID DALEY details, the Court decided to essentially punt the cases back down to lower courts.
Daley, author of RATF**KED: The True Story Behind the Secret Plan to Steal America's Democracy, which details the GOP scheme to implement extreme partisan redistricting following the 2010 census, explains that Wisconsin Republicans will be allowed to keep their wildly unfair state assembly districts for yet another election, and that, in Maryland, where Democrats admit to having gerrymandered a U.S. House district to their own advantage, that gerrymandered district will also stay in place, almost a full decade after being implemented. That, despite lower courts finding those districts to be unlawful and unconstitutional, and other pending cases --- such as the federal court which found all of the U.S. House districts in North Carolina to have been unlawfully gerrymandered by Republicans --- still on hold and awaiting a hearing at SCOTUS.
"That's what's so frustrating and sad about today," Daley tells me. "They had a buffet of statistical standards and evidence that all pointed in the same direction and that revealed exactly what had happened here, and, instead, they ducked." He explains the basis on which the Court punted in both cases and how "Republicans have essentially been able to run out the clock to steal, in some ways, the entire decade of power, especially in state legislatures around the country."
While the "silver lining" on this today is that the Court did not declare, as some had feared, that it was up to legislatures, not courts, to fix the problem that legislatures themselves created, Daley argues that this was a missed opportunity. The Court's swing-vote, Justice Anthony Kennedy, has long suggested he'd be open to finding partisan gerrymandering unconstitutional once and for all. But, once again, in both of today's cases, he ducked. That means --- should the 81-year old Justice (or any of the others) leave the Court before another case comes up to offer a definitive ruling --- things could become much worse, for generations, if Trump is allowed to appoint a replacement.
Then, as even some Republicans (a precious few) begin to finally turn against the Trump Administration's grotesque and inhumane new policy which separates children from their parents after they are detained crossing the southern border with Mexico --- resulting in thousands of kids being locked away in detention centers in just the past few weeks --- how long can Trump continue to falsely blame the Democrats for his own Dept. of Justice's new "zero tolerance" policy?
Trump and his department chiefs continue to double down on his false claim, despite the growing outrage from Americans after disturbing stories, pictures, and sounds of abuse continue to be reported out of these detention centers around the country, with media finally gaining very limited access to them.
We open the phone lines today to callers on all of those issues, as the chilling rise of Trump's GOP-approved authoritarianism in the U.S. continues to stun the nation and the world...
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Guest: Karen Musalo of the Center for Gender and Refugee Studies; Also: Thousands of children ripped from parents, warehoused in detention centers by U.S. Government for months...
On today's BradCast: The immigration horror stories of children being ripped from their parents and of asylum seekers fleeing domestic abuse in their home countries are beginning to pour in. We speak today to a longtime immigration attorney at the center of a number of landmark rulings, who is now representing the woman from El Salvador whose grant of asylum was unilaterally overturned this week by Attorney General Jeff Sessions. [Link to audio of the show is posted below.]
There are now more than 11,000 children who have been separated from their parents at the southern border being held in detention centers across the country by the U.S. Government. It's unclear whether that number includes the 2,000 kids taken from their parents over a recent six week period, as reported by AP today, under the Trump Administration's new "zero tolerance" policy, which requires criminal, rather than civil, prosecution against those who cross the border unlawfully.
This week, some members of the media finally received a limited first look inside one of the largest such detention centers --- a converted Walmart superstore in Brownsville, TX --- where some 1,500 boys, aged 10 to 17, are being warehoused. They are living five in each room built for four people, are forced to stay inside for 22 hours a day, and are being held, on average, for about 50 days each in the facility, before they are either sent to foster care or reunited with their parents (if those parents can find them within the government system.)
Media reports this week include horrific stories of babies being ripped from their mothers' arms while breastfeeding and parents being told that officials are simply taking their children to bathe them, before they are shipped away to a detention facility. Somehow, Donald Trump and his White House are managing to blame all of this on Democrats, and Attorney General Jeff Sessions is justifying these new Dept. of Justice policies by quoting the bible. We cover some of those nightmarish stories, reports that an outdoor tent city, in sweltering southwest TX near El Paso, is being planned to store more than 400 more children --- who are now being separated from their parents at an alarming rate --- and a confrontation between reporters and Press Secretary Sarah Huckabee Sanders over these matters during a briefing on Thursday.
In a separate, if related issue earlier in the week, Sessions issued a decision, attempting to change decades of U.S. immigration policy regarding asylum claims by immigrants fleeing their home countries on the basis of domestic abuse and gang violence.
We're joined today by KAREN MUSALO, Professor of Law and the Director of the Center for Gender & Refugee Studies at the University of California Hastings College of Law to discuss the Administration's new policy. Musalo represents "A.B.", the El Salvadoran woman whose grant of asylum by the U.S. Immigration Board of Appeals was unilaterally overturned by Sessions on Monday, along with his announcement of the Administration's cruel new policy which declares that domestic abuse will no longer be an allowable basis for asylum seekers.
The longtime immigration rights attorney pushes back today, detailing the disturbing circumstances under which her client, Ms. A.B., fled her home country, explaining several poorly understood aspects of the U.S. Immigration Court system (which is part of the Dept. of Justice, not the federal Judicial branch --- so, judges work for Sessions), and stressing that the Attorney General is misinforming the public by claiming that asylum seekers fleeing domestic violence will no longer be allowed in the country.
"Clearly what the Attorney General is trying to do with issuing this decision is to send a strong message that cases of women fleeing domestic violence or people fleeing gang violence are not legitimate asylum claims," Musalo tells me. "But for those of us who are experts and understand the law, and read his decision closely --- he may want to send that message, and he did in fact reverse a 2014 precedent that clearly stated that survivors of domestic violence were eligible for asylum --- but there's a whole framework of law that has developed in the 38 years since the 1980 Refugee Act was enacted."
She says: "The reason I'm underscoring that point is that I think he's going to try to bully judges and asylum officers into thinking this is the law, there's no way around it, they should deny these cases --- and also, making lawyers think they shouldn't bring cases on behalf of their clients. So I feel it's very important to point out this is what he's trying to do, but that's not how the law is properly interpreted."
Musalo also stresses that, despite reports of an increase in those seeking asylum from Central America due to domestic abuse since the 2014 change in policy, "The number of claims have not skyrocketed as a result of the Obama Administration recognizing domestic violence as a basis of protection. That's simply not true."
"This has really made people rise up and say, "How can it be in the year 2018 that we have an Attorney General who says that you can send a woman to her death, back to a country where the police and the courts just sit by?," Musalo notes, citing Central American countries like El Salvador, Guatemala and Honduras with the "highest homicide rates in the world [and] the highest femicide rates in the world, denoting gender-motivated killings."
There is a lot of important and enlightening information that Musalo imparts today --- more than I can adequately share in a short description here --- so I urge you to listen to the full conversation on today's program.
Finally today, Stephen Colbert, just before Father's Day, had a few thoughts of his own on CBS' Late Show in response to Sessions' use of a bible passage to justify the Administration's cruel and alarming new policy of separating children from their parents at the border. It also should be considered a must-listen...
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On today's BradCast: Primary elections for the crucial 2018 mid-terms were held on Tuesday in Georgia, Kentucky, Arkansas, and Texas (which held their primary runoffs following the first round of voting back in early March.) That, as hopes for a massive "blue wave" this fall could be fading, at least according to some new polling. [Audio link to show follows below.]
The results, as reported as of today, present a mixed bad for progressive Democrats who performed well in key races for Governor in Georgia (Stacey Abrams became the first female nominee in the state from either major party, and would be the nation's first African-American Governor, if she wins in November), and for the U.S. House in an upset win against the national Democrats' preferred candidate in Kentucky (Marine vet Amy McGrath defeated the DCCC-recruited, conservative Blue Dog Democrat Jim Gray, Mayor of Lexington).
The news was less good for progressives, if better for establishment Democratic candidates, in several of the Texas runoffs, where turnout was as low as it's been in nearly a century.
But it was, once again, another good day for female, minority and LGBTQ candidates in several races in all four states. (In Texas, Lupe Valdez, the former Dallas Sheriff became the first openly gay, Latina nominee for Governor, and Gina Ortiz Jones in the 23rd Congressional District, would become the first lesbian, first Iraq War vet and first Filipina-American to represent Texas in the U.S. House if she wins in the fall.)
Longtime progressive champion HOWIE KLEIN, co-founder of BlueAmericaPAC and creator of the "Down with Tyranny!" blog, joins us to help make sense of the good news and bad from a number of Tuesday's closely watched races, and offers a preview for several important contests in California's upcoming June 5th mid-term primaries.
Also today, we detail some of the good and bad news for Republicans, in Kentucky, where a high school math teacher unseated the state's current state House majority leader and particularly in Texas, where the GOP establishment seems to have held off most of the more extreme rightwing candidates in the run-offs, including one proudly racist, Christian homophobe in Dallas...
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On today's BradCast: A host of important and troubling news items that you're probably not hearing much about as the corporate media continue their seemingly non-stop focus on investigations into massive Trump corruption. [Audio link to show follows below.]
First, a disturbing move by the Environmental Protection Agency on Tuesday suggests a very dark moment for American democracy as reporters from AP, CNN and elsewhere were blocked from attending a water contamination event held EPA Administrator Scott Pruitt. One AP journalist is said to have been "forcibly removed" from the building. That, just about one week after reports that the Trump Administration is blocking the publication of a major new report finding widespread water contamination across the country. That study is reportedly being withheld because the Administration believes it would be a "public relations nightmare" for the chemical companies involved, if it was released.
Meanwhile, a federal court on Monday found Texas in violation of both the U.S. Constitution and the National Voter Registration Act (NVRA) for refusing to allow residents who update their drivers license online to register to vote at the same time, as required by the 1993 law. The Republican-controlled state appealed the ruling to the rightwing U.S. 5th Circuit Court of Appeals just minutes after it was issued by the U.S. District Court judge, all but assuring the case, originally filed in 2016, will continue beyond this November's mid-terms.
And, speaking of Republicans who don't want certain people to vote, in Florida, John Ward, a GOP candidate for the U.S. House, was caught on videotape arguing that U.S. citizens from Puerto Rico who moved to the Sunshine State following the devastation of Hurricanes Maria and Irma last year, should not be allowed to register to vote in Florida and should go back "where they belong".
Next, we're joined by Slate's fantastic legal reporterMARK JOSEPH STERN to offer clarity on two disturbing, and very important cases this week.
The first is the story of a 24-year old DACA recipient from Seattle who was brought here by his father when he was five years old and detained by the Immigration and Customs Enforcement (ICE) agency last year just after Trump took office. Daniel Ramirez Medina, a "Dreamer" with no criminal record, legally working in the U.S. after twice receiving protected status under the Deferred Action for Childhood Arrivals (DACA) program, was arrested by ICE in February of 2017 when they went to his house to detain his father. ICE subsequently booked Ramirez, lied about him --- blatantly doctoring a document to make it appear Ramirez admitted to being a member of a non-existent gang (he never was) --- in order to remove his protection and begin deportation proceedings.
Last week, U.S. District Judge Ricardo S. Martinez, a George W. Bush appointee, found that ICE repeatedly lied about Ramirez and to the court about their evidence against him. "Judge Martinez is no flaming liberal, but he looked at the evidence before him, and he was clearly disgusted and incensed by what the agency had done," says Stern.
He describes how Ramirez was saved, for now, only due to his protected status under the Obama-era DACA program, which Trump continues to try to kill. "The only reason that this story rose to the top, and that it actually got before a federal judge who could rule on it, is because this guy is lucky enough to have DACA status. So he had this extra layer of protection that most undocumented immigrants don't have." Unfortunately, the dishonest tactics ICE attempted to use against Ramirez are usually successful, Stern says, explaining, "ICE agents do this all the time".
Then, we turn to an outrageous 5 to 4 decision by the stolen, rightwing U.S. Supreme Court this week that demolished the clear, statutory right established by decades-old New Deal-era labor reforms, allowing employees to file collective class-action lawsuits against their employers for wage theft.
As Stern explains, Monday's hypocritical and legally erroneous majority opinion in Epic Systems v. Lewis [PDF], written by the corrupt, self-proclaimed "textualist" Justice Neil Gorsuch (who occupies the seat stolen for him by the GOP Senate after Antonin Scalia's death in early 2016), was blasted by a furious Justice Ruth Bader Ginsburg in her minority opinion, as the ruling, according to Stern, "effectively legalizes low-level wage theft" and is "nothing less than catastrophic for workers across the country."
It's really even worse than you may have heard --- if you even heard anything about it. But, Sterns adds with a glimmer of hope, the law in question that was blatantly misinterpreted by Gorsuch's judicial activism could very easily be amended for clarity in order to reverse this SCOTUS decision. The fix, however, would likely require a Democratic Congress and a cooperative President.
Finally, Desi Doyen joins us for the latest Green News Report, with some insane new climate denialism by Republicans on the U.S. House Science Committee, and some much more encouraging news on several other related fronts from Britain to San Francisco to China...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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On today's BradCast, we take a moment of silence to mourn Brad's late wisdom tooth. But not more than a moment --- a lot to cover with your guest host, me --- Angie Coiro of In Deep with Angie Coiro.
Daphne Eviatar, Director of Security with Human Rights at Amnesty International USA talks with me about Amnesty's reactions - both official and emotional - to the announcement of Gina Haspel's confirmation to head the CIA. No one there is happy, but they're experienced, ready, and standing by, lest Haspel's last-minute conversion to an anti-torture stance prove false.
Throughout the hour we check the news, with stories from Gaza, Washington DC, and the Kushner family's building at 666 (<--- not kidding) 5th Avenue in Manhattan - which is being bailed out of fiscal failure with a little help from Qatar. Also: ICE loses one in court as a Dreamer wins.
Long-time economic observer Dave Johnson explains the genesis, progress, and prognosis for a Federal Jobs Guarantee program.
A "racism roundup" - a summary of all the videos released the past few weeks showing white people working overtime to keep non-whites and Muslims in line. Finally, neuroscientist Robert Sapolsky explores where all that hate and fear come from - it's all in your brain.
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
On today's BradCast, we've got a bunch of mostly encouraging news today for a happy change --- particularly for progressives, women, and women progressives! [Audio link to show follows below.]
First up, the least encouraging part of today's program, as some voters in Pennsylvania were once again prevented from voting when 100% unverifiable touch-screen voting systems at a York County precinct failed for the first hour of polling during Tuesday's statewide mid-term primaries. With just 10 --- that's right, just 10 --- emergency paper ballots on hand for each party, voters were turned away because the electronic voting systems failed. That completely predictable problem (which we've been warning about for well over a decade now), may well get even worse around the country, as states adopt new voting systems with the same problems, under the deceptive premise that they produce "paper ballots".
Other than that, the news was largely good for progressives (and bad for Congressional Republicans) following Tuesday's primaries in Oregon, Idaho, Nebraska and, of course, Pennsylvania, where Democrats hope to pick up as many as 6 seats from Republicans in their bid to retake the U.S. House this November. The news was particularly good for female candidates in PA and elsewhere, and for progressives who won in a number of places against candidates preferred by the national Democratic party.
We detail the key races and upsets in question, some of which will be pose an interesting test for progressives this fall, who have long argued that bolder progressive candidates --- calling for universal health care for all, higher wages and other progressive priorities --- will perform better in general elections than so-called "Republican lite" candidates. We'll see if they're right in just under six months.
Then, we're joined by Constitutional law expert and authorIAN MILLHISER, to discuss the stolen U.S. Supreme Court's ruling this week striking down the Professional and Amateur Sports Protection Act (PASPA), a 1992 federal ban on sports betting in, largely, all states other than Nevada. But, the reason why the finding in the case (Murphy v. NCAA) is of note to progressives is not due to the specific issue of sports gambling, as he argues, but what it likely means for other federalism issues, such as the Trump Administration's attempted immigration crackdown on so-called "sanctuary cities".
Millhiser explains why progressives should be very happy about the Court's ruling this week --- even with the majority opinion written by far-right Justice Samuel Alito --- and why the Court unanimously found the law to be an unconstitutional "commandeering" of state's rights.
While the holding in that case may be bad news for Trump, so is another decision from a lower federal court this week. Millhiser also details a federal judge's ruling on Tuesday knocking down an attempt by Paul Manafort, Trump's indicted former campaign chair, to toss one of the two criminal cases filed against him by Special Counsel Robert Mueller.
Finally today, a bit more on Tuesday's primaries in Idaho, where a progressive female Democrat became the first native America woman to win the party's nomination for Governor, defeating the national Democrats' preferred candidate in a race seen as a long-shot for this fall. But, in a nation where thousands of teachers in yet another so-called "red" state (North Carolina) on Wednesday shut down schools to march in support of higher pay and more money for schools, anything may now be possible...if voters get out to the polls, are allowed to vote, and are able to make sure their votes are counted as cast this November...
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