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

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

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

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

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

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

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

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

GOP REGISTRATION FRAUD FOUND IN FL
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The Secret Koch Brothers Tapes...


On the weekend massacres in El Paso and Dayton; And Georgia Tech cybersecurity expert Rich DeMillo on the recent Senate Intelligence Comm. report on Russia interference in 2016 and the fight to secure 2020...
By Brad Friedman on 8/5/2019 7:04pm PT  

On today's BradCast, we open with the grim weekend news of the two gun massacres in El Paso, Texas and in Dayton, Ohio, which collectively resulted in at least 30 killed and some four dozen others wounded, before moving to yet another issue of national security being avoided by most Republicans and the White House. [Audio link to show is posted at bottom of article.]

The two domestic terror events in TX and OH, each carried out in minutes by white American men with semi-automatic military-style assault rifles and high-capacity magazines, has once again spurred calls for legislative action by Democrats in Congress and the avoidance of same by the terrorist-enabling, NRA-captured Republican officials.

In addition, Donald Trump spent about 48 hours following the El Paso shooting hoping to avoid the fact that the 21-year old man who carried it out had reportedly driven from his home in Dallas to target immigrants in the border town. An online manifesto attributed to the white nationalist shooter, echoing language and racism frequently used by Trump, describes an "invasion" of Hispanic immigrants. "El Paso and Dayton make 251 mass shootings in the US in 216 days, more shootings than days in the year," notes USA Today.

The incidents also serve as the latest to highlight shameful GOP hypocrisy on matters of national security. Over the past two decades, the U.S. has spent hundreds of millions of dollars under the guise of "national security", even as the focus on international terrorism has resulted in several acute issues of national security such as climate change, gun violence by domestic terrorists, and election security being all but ignored by Republicans. That, even as the public has been asked to sacrifice one freedom after another under disingenuous claims of "national security" while the country has been bankrupted both financially and morally in the bargain.

The latest massacres and lack of willingness by Republicans to take action and confront a real and growing national security threat, is also echoed in their lack of action regarding security in our elections, the only means by which the public may actually hold their failed, hypocritical, and corrupt elected officials accountable. But a week or so ago there was a glimmer of hope, sort of, when the U.S. Senate Intelligence Committee released a bipartisan --- if absurdly redacted --- report on election security [PDF], concluding that election systems in all 50 states were targeted by Russia in 2016. At the same time, the report states that "the Committee has seen no indications that votes were changed" or that "vote-tallying systems were manipulated".

Then again, as we've take great pains to report in detail since 2016, nobody, to our knowledge --- including the FBI, DHS, Robert Mueller's Special Counsel Office or even local and state officials --- has actually bothered to look! Calls for hand-counts of hand-marked paper ballots and forensic analyses of electronic voting systems were blocked after the 2016 election in many states, including Wisconsin, Michigan and Pennsylvania which each are said to have flipped to the Republican Presidential candidate that year by incredibly narrow, unverified margins, for the first time in decades. The Senate Intelligence Committee report suggests that while foreign actors were able to gain access to the nation's voting systems and voter registration databases, they took no action to modify them in any way. Really?

We're joined today by cybersecurity and voting system expert RICH DEMILLO, formerly the Chief Technology Officer for Hewlett-Packard, now Professor of Computing at Georgia Tech, where he served as Dean and director of their Information Security Center. DeMillo shares his takeaways from what he describes as a "frustrating" Senate report, which appears to both pull punches and hide much of both its findings and recommendations behind redactions. "There is just a massive amount of evidence that not only were the systems targeted, and in some cases penetrated, but it would take an extraordinarily altruistic spy to resist the opportunity of doing something nasty once they got into these systems," he tells me. "Not going that final step, which is relatively risk-free, of carrying out the mission that you were there to accomplish, just seems to me to strain credibility."

DeMillo, who has co-authored a number of landmark studies on the many dangers posed by the 100% unverifiable touchscreen computer Ballot Marking Devices (BMDs) now being deployed before the 2020 election to places like Georgia, Philadelphia, Los Angeles County as well as counties in other key battle-ground states like Ohio, North Carolina and Texas, warns that our vulnerable voting systems are, indeed, an issue of "national security".

"We're in an era where the tools can be turned against the citizens," he cautions. "Where the results of an election in an entire jurisdiction can be changed with literally the flip of a switch." DeMillo, who now serves on the board of the Verified Voting Foundation, is a supporter of hand-marked paper ballots as the only known type of verifiable voting and (like me) is dubious about the push to allocate hundreds of millions of dollars for new "upgraded" computer voting systems. "It's like buying better filters for cigarettes," he says.

And while there are still no federal mandatory standards for voting systems (only voluntary guidelines last updated by the U.S. Elections Assistance Commission in 2005!), the "real obvious vulnerability" to the systems comes from election insiders, local and state officials and contractors hired to program and maintain the systems. "Even in the face of arguments from election officials that 'we vet our people, we do background checks,' every time we look under those covers, what we find is that there's almost no due diligence that's taking place. That the people that we entrust with these systems, in the first place, don't understand the systems, have never been briefed on the threats, and we have no idea what their background and motivations are."

He cites the story we broke on the program last week based on testimony from an official in the Georgia Secretary of State's office who conceded on the witness stand the week before in a federal court hearing that all voting machines in the state are programmed by three outside contractors "in their garage." That new revelation of outsourcing from the ongoing federal lawsuit challenging the security and Constitutionality of the state's unverifiable touchscreen systems underscores that "everything they tell you about the security of their infrastructure, and how well they vet against the insider threat, turns out not to be the case. And that story is repeated over and over again around the country."

DeMillo also relates the story of the "ruckus" he recently caused on social media when relaying a conversation with election officials in a largely rural state "who just happened to mention in an open meeting that the computers that they use to program their ballots were housed on laptop computers that were in the houses of people, without any security clearances, no special security infrastructure. In fact, they were in places where the Internet connections were so bad that some of those people had to go to the local Starbucks in order to connect to the internet." He says his "jaw dropped to the floor" when he learned that many of those officials were programming their voting machines and tabulators on wide open, completely unsecured public networks.

Finally, DeMillo goes on to offer some advice on how to "move the needle" in the continuing fight by election integrity advocates to secure our elections by using systems that can actually be overseen by the public, slamming those --- from Congress to state and local officials to academics to private voting system vendors --- who believe that secrecy and "security by obscurity" can actually work to protect the heartbeat of our nation's fragile and more-threatened-than-ever system of representative democracy...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guests: Jacki Schechner and David Faris on CNN's misfires, the party's divides, the candidates' substantive policies and the necessity of fearlessness in winning and taking down Donald Trump...
By Brad Friedman on 7/31/2019 4:01pm PT  

On today's BradCast: Special coverage of Night One of the second 2020 Democratic Presidential debate. This one was broadcast from the Fox Theater in Detroit and hosted by CNN. [Audio link to show is posted below.]

Featured on the first night's debate stage were VT Sen. Bernie Sanders; MA Sen. Elizabeth Warren; South Bend, IN Mayor Pete Buttigieg; MN Senator Amy Klobuchar; former MD Rep. John Delaney; OH Rep. Tim Ryan; former CO Gov. John Hickenlooper; former TX Rep. Beto O'Rourke; MT Gov. Steve Bullock (in his first Dem Debate appearance) and author/spiritual guru Marianne Williamson.

The lively and often substantive debate was, nonetheless, frequently truncated by CNN moderators, who seemed to work hard to force confrontation between the candidates, while framing many of the evening's debate topics as if they were Republican talking points and otherwise trying to highlight the divide between the progressive and conservative wings of the party. Among the many issues raised during the two and a half hour debate on Tuesday night were healthcare (a nearly 25 minute discussion, highlighting the party's many different and often controversial approaches to achieving universal coverage, from 'Medicare-for-All' to the Public Option, and their effects on private insurance), immigration, gun safety legislation (and the corporate forces that prevent it and many of the other issues discussed), the climate crisis, issues regarding race, the economy, the cost of college and student loans, foreign policy and nuclear weapons, and --- one of many Rightwing memes that CNN seemed to be pushing throughout the evening: whether the Democratic Party has moved too far to the Left.

We're joined today for discussion on as many of the above matters as we can fit in --- as well as some thoughts on what was not covered --- by journalist, former CNN producer and healthcare reform expert JACKIE SCHECHNER and Roosevelt University political scientist and contributor at The Week, DAVID FARIS, author of the recently published book, It's Time to Fight Dirty: How Democrats Can Build a Lasting Majority in American Politics.

Each offer smart analysis and insight on the substantive policy issues raised last night, as well as both the political and media aspects of night one of the latest two night Democratic debate, some six months before voting is set to begin next February at the Iowa Caucuses...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Heather Digby Parton on the former Special Counsel's testimony and what's next; Also: Everyone giving everyone else the finger...
By Brad Friedman on 7/25/2019 5:10pm PT  

Both Democrats and Republicans alike --- on Capitol Hill and in the media --- are trying to make sense of Wednesday's landmark testimony by former Special Counsel Robert Mueller and where things go from here. We do a bit of the same ourselves on today's BradCast. Though I hope we are a great deal more honest about it than Donald Trump and Fox "News", and less confusing than Fox' Ainsley Earhardt who announced this morning that Mueller's testimony "didn't change anything", before going on to tell viewers that "it changed everything". [Audio link to show our full program is posted below.]

For full coverage and extended excerpts from Mueller's nearly seven hours of hearings before the U.S. House Judiciary and Intelligence Committees, see yesterday's special coverage show. For analysis and the fallout since the Republican former FBI Director confirmed the multiple and repeated felonious and impeachable crimes by the President of the United States detailed in his 448-page report [PDF], we're joined by the great HEATHER DIGBY PARTON of Salon and Hullabaloo today. As usual, we attempt to cut through the media drama and partisan positioning to get to the actual facts and important content that matters.

Among the issues discussed with Parton....

  • The fact that only Republicans are ever allowed to be Special Counsel/Prosecutors, no matter whether the President being investigated is a Democrat or a Republican;
  • Content of note from Wednesday's hearings that was both damning to Donald Trump and at risk of being lost amid frequently lousy corporate media coverage (and, wholly dishonest coverage from rightwing outlets);
  • The proper context for making "sense" of some of the conspiracies offered on Wednesday by Republicans, even as Trump's AG/fixer Bill Barr and other GOPers may have done harm lately to the prospects of their own conspiracy-based argument about the origins of what would eventually become the Mueller investigation;
  • How House Speaker Nancy Pelosi is still dropping the ball on impeachment in Congress, at least for now, and setting the country up for even more Presidential corruption in both the near and distant future in the bargain;
  • And, where all of this madness may and/or should go next.

"It seems obvious to me that we have a criminal in the White House. And an abuser, a corrupt leader, and a barbarian and an ignoramus," Parton explains, cutting to the chase. "He's an unfit President and he should be impeached. To me, this is obvious."

But, she goes on, in struggling to make sense of why impeachment proceedings have not already been triggered, "One of the reasons that the dial is not being moved is the way that the press is covering this. There was a lot of criticism, during and after the testimony, about the fact that they covered it like a sporting event. 'He didn't put on the best show', etc. etc. The theater criticism. This is a big problem because this is a complicated story. People are seeing it as a game, as this is a strategy, instead of what it really is --- which is a fundamental threat to our democracy.

"If Donald Trump gets away with this, if he gets off scot-free --- re-elected or not --- if he gets away with doing these things while in office, it has changed everything. The President is no longer accountable. If Donald Trump cannot be impeached, then nobody can be impeached. Impeachment no longer exists as a stop on a President like this. And that's very scary," warns Parton.

Also on today's BradCast: "Unprecedented" heat and wildfires in the Arctic; Ohio's "socialist" Republicans give the planet and Ohio residents the finger by going all in on Big Government bailouts of coal and nuclear power companies; U.S. automakers give Trump the finger by working out a secret deal with California to lower vehicle emissions; The Trump Administration gives humanity the finger by deciding to "Make America Kill Americans Again"; A federal judge in California gives the finger to the Administration's new, unlawful southern border asylum ban; And Kim Jong Un gives his friend Donald the finger by firing off a few ballistic missiles to celebrate Mueller's testimony.

And, finally, we're joined by Desi Doyen for the latest Green News Report on some of the above, and much much more...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: KPFK News Dir. Ernesto Arce; Barry misses NOLA; L.A. immigrant community comes together to face down Trump raids; Plus callers!...
By Brad Friedman on 7/15/2019 6:45pm PT  

The catastrophic hurricane that didn't flood New Orleans (yet) and Trump's promised immigration round-ups that haven't happened either (yet) are both the focus of today's BradCast. That, along with callers and some appropriate upbraiding of our disgustingly xenophobic President for his obnoxious racist tweets over the weekend. [Audio link to show is posted below.]

First up today, New Orleans may have dodged a bullet, at least for now, says our own Desi Doyen. Hurricane Barry, veered to the west as it made landfall over the weekend, helping to spare the flood-prone city from both another torrential downpour and an ocean storm surge at the mouth of the Mississippi River that might have overwhelmed the city's new pump system and over-topped levees that are already dangerously close to being over-topped after months of climate change-fueled flooding in the Central U.S. Water from those months of record flooding has made its way down the Mississippi, which was already at record levels.

The remnants of Barry is now working its way up the river, leading to flash-flood warnings in about half a dozen states over the next several days. That water will eventually make its way back down to NOLA. For now, however, the Big Easy appears to have avoided the worst. For now.

Then, following nationwide #Lights4Liberty protests across the nation on Friday, following continuing revelations of horrific and inhumane conditions at many of Donald Trump's migrant detention centers --- or concentrations camps, as they may more appropriate be known --- major cities from Los Angeles to New York buckled up for Trump's promised round-ups of "millions" of immigrants, including thousands of families across the country. Though the President threatened the door-to-door arrests would begin on Sunday, the mass round-ups by ICE have, so far, failed to materialize.

We're joined in studio today for the latest, by ERNESTO ARCE, News Director of our Pacifica Radio Network flagship affiliate, KPFK 90.7FM here in Los Angeles. Arce details how both local officials and the immigrant community in Southern California have been girding for Trump's promised ICE raids, and how the (so-far, empty) threat has served to rally the community and bring them together to resist Trump's immigration deportation forces. Having covered immigration issues for KPFK for over a decade in L.A., Arce explains how the Southern California community learned long ago how to resist thuggishness and unlawful behavior from both federal and local law enforcement officials alike and how Trump's open racism has served to embolden many of the officials in several of those agencies.

"Since 9/11, since [1994's] Prop 187, since the million-plus people came out to downtown LA to protest the [2006] Sensenbrenner Bill, there has been a powerful immigrants rights community and immigrant rights advocacy movement here in the United States," he tells me, adding "nowhere has it been as strong as here in Southern California and Los Angeles."

Arce also observes how Friday's protests against the Administration's practices, during these dark hours of the Trump Presidency, demonstrate the resilience of the Southern California immigrant community and those who support them. "The biggest phrase we can come out with in this movement is 'resistance.' You've got all these groups that are organizing, not just organizing Lights4LIberty, but groups organizing all these kinds of actions saying 'We're going to defend our community against any type of raid, against any type of what we believe is an unlawful action by federal ICE agents.' ... We've had very moving ceremonies, many events and efforts over the last few weeks, where the community comes together and says --- 'Undocumented and Unafraid" is one of the main phrases, 'Abolish ICE' is another --- [where] people are unwilling to put up with fear mongering and terrorizing of a community."

Then, we cover Trump's reprehensible, xenophobic, racist Twitter attacks over the weekend against four Democratic freshman Congresswomen of color, and how the appalling attacks have served to unite House Speaker Nancy Pelosi and Trump's targets-of-the-moment --- Reps. Ayanna Pressley (MA), Rashida Tlaib (MI), Alexandria Ocasio-Cortez (NY) and Ilhan Omar (MN) --- along with the rest of the Democratic caucus, to push back on the President with a planned resolution condemning his statements. Shamefully, very few Republicans in either chamber of Congress have condemned Trump's racist attacks on members of Congress.

Finally, we open the phones lines for a bit on all of the above today! Enjoy!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest-host Nicole Sandler with 2020 Presidential hopeful Mike Gravel...
By Nicole Sandler on 7/11/2019 5:34pm PT  

On today's BradCast, I'm back! It's Nicole Sandler, host of The Nicole Sandler Show at nicolesandler.com, doing the guest-hosting duties today.

My guest is former Senator MIKE GRAVEL, who's running for the 2020 Democratic presidential nomination.... sort of. It's the most unusual campaign in that he's not trying to win. He just wants to get on the debate stage to pull the field to the left! He's very close to meeting the threshold to get in the CNN debate at the end of the month; the deadline to qualify is tomorrow.

Also today: Donald Trump finally gave up his quest to put a citizenship question on the 2020 census, though he still won't admit it. We have that story along with the rest of the day's news too. Enjoy!...

Download MP3 or listen online below...

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Guest: Migration Policy Institute's Sarah Pierce; Also: Barr's power grabs continue elsewhere; Hurricane Barry takes aim at already flooded NOLA...
By Brad Friedman on 7/10/2019 6:46pm PT  

On today's BradCast, Donald Trump's Attorney General continues to make extraordinary, unprecedented moves at the Dept. of Justice as he takes power for himself on all manner of things. And only some of those moves are receiving the attention they deserve. [Audio link to show follows below.]

But first up today, just two days after nearly 4 inches of record rainfall in one hour resulted in flash flooding and a number of high-water rescues in the nation's capital --- on the very same day Trump was delivering a ridiculous, rambling speech on his (horrific) environmental record --- an even worse downfall slammed New Orleans on Wednesday. What lies ahead this week for NOLA, however, may be far worse. A tropical storm spun up quickly off the Gulf Coast following the downpour, and now threatens to become a hurricane that could, as soon as this weekend, over-top levees that protect the city. The Mississippi River at New Orleans is already at 16 feet, just below flood stage, thanks to historic spring flooding in the central U.S. But Hurricane Barry could bring a storm surge of several feet of ocean water and as much as 18 inches of rain that could test the city's 20-foot high levees. The National Weather Service is now projecting the river could crest at that same height by Saturday, depending on which way the winds blow. That may happen despite the failure of science denier and corrupt fossil fuel swamp-dweller Trump to utter the words "climate change" during his environmental speech earlier this week.

Meanwhile, back in D.C., Trump's Attorney General and personal fixer William Barr continues to exercise extraordinary, unprecedented powers in his role as the nation's chief law enforcement official. So far, the federal courts have held off a fair amount of his attempted power grabs, including a federal court in New York which has, for the moment, blocked his latest move to replace all of the Dept. of Justice attorneys previously assigned to defend legal challenges to the Administration's effort to add a question on citizenship to the 2020 Census. Another federal judge in another legal challenge on the same matter in Maryland is now considering whether to block those replacements as well.

At the same time, however, Barr is also reportedly instructing former members of Special Counsel Robert Mueller's team to not appear before Congress to give testimony next week on the same day Mueller is currently scheduled to do so.

But a recent, little noticed move over the 4th of July holiday week to grant himself the power to establish precedent on immigration laws, overriding decisions by immigration judges, needs much more attention. Last week, a federal court blocked Barr's decree to disallow bond hearings for asylum-seekers who successfully demonstrate a "credible fear" of return to their home countries. But for a ruling by the federal court in Washington state last week, Barr's decree would have resulted in immigrant asylum-seekers being held for months or even years in already horrific, overcrowded detention facilities as they await their official hearings in immigration court. U.S. District Judge Marsha Pechman ruled that detaining asylum-seekers indefinitely is "unconstitutional".

The day before her ruling, however, Barr quietly signed yet another new regulation --- without the traditional public comment period --- that restructures the way immigration courts have handled appeals for years. Previously, while tens of thousands of decisions are made on cases by the Board of Immigration Appeals each year, only a small number of them, about 30 per year, are published in order to establish them as precedent. Under current law, unpublished decisions are not binding on the entire system and are only published if a majority of the 21 member Board votes to do so. But last week, relying on a public comment period from about 15 years ago concerning a regulation proposed (but rejected) by the George W. Bush Administration, Barr granted himself unilateral power to selectively publish any such decisions that he likes. The move, in effect, will allow him the authority as Attorney General to set immigration law precedent that must be followed during this Administration as well as future ones, at his own whim.

We're joined today by SARAH PIERCE, immigration attorney and Policy Analyst for the non-partisan Migration Policy Institute to explain both the encouraging news on Barr's temporarily blocked bond hearing rule, first decreed back in April, as well as his move last week to reign as king over U.S. immigration policy by using the abandoned "zombie regulation", as Pierce describes it, on appeals court precedents first proposed by the Bush Administration. She describes the latter as "alarming", noting that "under this new regulation, the Attorney General will have his pick of whatever issue he wants, and really, whatever plans on the issue he wants, when deciding whether or not to make some of these decisions precedent." Pierce warns that these could be "decisions on what kinds of crimes makes someone deportable from the United States," for example, adding that "the possibilities are really endless when he has so many decisions before him to choose from."

She argues that the way immigration courts are currently structured, under the control of the DoJ, not the Judicial Branch, results in unconfirmed and even unqualified people being appointed as immigration judges without Congressional confirmation or oversight. They all serve at the pleasure and whims of the Attorney General. "This is a huge problem with our immigration court that we have this political appointee who is in charge of effectively the legal well-being of our immigration system. That's a huge problem and a huge conflict of interest," she tells me.

We also discuss the mountain of recent reports of overcrowded, unsafe and unsanitary conditions at detention centers on the border; why we are seeing this influx of families seeking asylum in the U.S.; why this Administration is handling it all so poorly, despite the number of immigrants and asylum seekers being far larger during previous administrations; and how the system itself needs to be reformed, with immigration courts placed under an independent body.

Finally today, with all of the coverage in the media and focus by Democrats on the 2020 Presidential race, the need to win back a majority in the U.S. Senate no matter who wins the White House has taken a back seat, unfortunately. But Democratic Senate Leader Chuck Schumer was able to claim at least one recruiting victory this week, with Marine combat aviator Amy McGrath, who narrowly lost a U.S. House race last November in Kentucky, declared her intention of taking on Republican Majority Leader and democracy villain Mitch McConnell during his reelection bid in the Bluegrass State next year. We share McGrath's announcement video and ponder why the hell more big name Democrats --- including many who have chosen to run for the Presidential nomination instead --- aren't stepping up to the equally-as-important task of winning back the U.S. Senate for their party in 2020...

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Court blocks Trump 'national emergency'; Congress sues for Trump taxes; FL Repubs gut landmark voting reform; Carter says Trump 'illegitimate'; 2020 dirty tricks now underway; Dems talk climate at first debate...
By Brad Friedman on 7/2/2019 6:30pm PT  

It's been a rough week in the federal courts for Donald Trump. Even the Republicans' stolen U.S. Supreme Court failed to grant at least one victory to the Administration in its loss last week over the fight to add a question on citizenship to the 2020 U.S. Census. That loss, where Trump clearly expected a win from his cooked High Court, has resulted in the admission of another humiliating defeat for Republicans, but a huge victory for those of us who still support the idea of democracy...as fragile as it remains in the U.S. on the eve of our Independence Day holiday in 2019. There were other encouraging signs of hope from our courts this week as well, though there remains plenty to be concerned about as we head toward the crucial 2020 elections. [Audio link to show follows below.]

Among the stories covered, in addition to the breaking Census news, on today's BradCast...

  • Trump may be getting a few tanks for his corrupt 4th of July celebration at the Lincoln Memorial on Thursday, though they won't be rolling down Pennsylvania Avenue. Where they will be, according to some poor writing from CNN, is another matter. ("Trump later confirmed tanks would be present during remarks in the Oval Office.");
  • Heat records are shattering in the U.S. and around the world, resulting in mussels cooking in their own shells in normally cool Northern California and highways dangerously cracking and buckling in South Dakota. What happened in Mexico and Europe, however, we hold until today's Green News Report at the end of the program;
  • But, back to the courts, as the U.S. House Ways and Means Committee filed a federal lawsuit on Tuesday against the Administration for failing to turn over six years of Donald Trump's tax returns as required by federal law, in a case that Trump seems unlikely to win. A long legal fight, however, may help him to delay the inevitable, unless he is able to receive a helping hand to undermine the rule of law from his friends at the stolen and illegitimate SCOTUS;
  • But the lower courts, so far, have provided little help to Trump. Late last Friday, with surprisingly little notice, albeit in the middle of a ton of other news, a federal judge in California blocked Trump's phony "national emergency" declaration meant to steal billions of dollars from the military to build portions of his long-promised Southern border wall (which apparently Mexico is still not paying for.) The same judge in two different challenges to Trump's blatant attempted theft, ruled that Trump's use of military funds for this purpose was "unlawful" and in violation of Congress' Constitutionally-mandated control of federal purse-strings. The Administration, however, is expected to appeal both rulings;
  • Voters in Florida, in the meantime, will have to hope for good news from the courts in the days ahead after Republican Gov. Ron DeSantis --- who was reportedly elected by less than one half of one percent of the vote last November --- quietly signed a controversial new law late on a Friday, without ceremony, the day before his deadline to sign it, which guts the state's reform of a 150-year old racist voting restriction. Despite passage of state Constitutional Amendment 4 last November --- by an astonishing nearly 65% of the electorate --- the new bill was passed along partisan lines in the GOP legislature to restore a restriction on the right of many former felons to vote. The new law, which went into effect Monday in the Sunshine State, requires former felons to pay off all court fines and fees before being allowed to vote, in contravention of the statewide ballot initiative which took effect on January 1 with no such restrictions. DeSantis had specifically pushed the GOP-controlled legislature to pass the bill, which will block many of the 1.5 million former felons --- including 1 out of 5 voting age African-Americans in the state --- from seeing their lifetime ban on the right to vote lifted. Voting rights advocates accurately describe the measure as an unconstitutional "poll tax" and have already filed suit to block it. The "conservatives" in the state will now have to spend millions in order to defend their new, unpopular law;
  • That's just one of the measures the GOP is beginning to take in order to boost their odds in 2020, as former President Jimmy Carter noted late last week that he doesn't believe Donald Trump is a legitimate President. Speaking Friday at a human rights forum hosted by the Carter Center --- which has served as a monitor of elections in third-world countries for decades --- the former President charged: "There’s no doubt that the Russians did interfere in the elections and I think the interference, although not yet quantified, if fully investigated would show that Trump didn’t actually win the election in 2016. ... He lost the election and he was put into office because the Russians interfered on his behalf." He said "yes", when asked by the forum's moderator if he believe Trump was an "illegitimate" President. Carter may be right or wrong. Shamefully, nobody knows for certain, since the public was never allowed to examine the ballots or the voting and tabulation systems following the 2016 Presidential election. That lack of public oversight, as we have long argued, continues to erode confidence in the legitimacy of American democracy. New, 100% unverifiable voting systems being put in place in advance of the 2020 race, unfortunately, (in states like Georgia and cities like Philadelphia and counties like Los Angeles) are likely to make that problem even worse;
  • But, speaking of how bad the 2020 cycle could be, the Trump Campaign has already begun their dirty tricks, according to a report in the New York Times. One of its "rising star" digital content producers has created a phony Joe Biden campaign website, meant to look like Biden's official campaign site, in order to smear the former Vice President. Neither the Trump campaign nor its staffer, Patrick Mauldin, who admits to having created the site, is noted on the page as being behind it. The fake campaign site, according to the paper, has received more visits than Biden's official website, and Mauldin has also "anomalously" created pages meant to undermine other current 2020 Democratic front-runners such as Bernie Sanders, Elizabeth Warren and Kamala Harris. Do Dems have any plans on how to deal with this sort of thing in 2020? Right now, it appears that they do not. Unless Dems pull together somehow --- even across another rough and tumble nominating process --- a repeat of the 2016 disaster should not be a surprise to anyone;
  • Finally, speaking of 2020, Desi Doyen joins us for our Green News Report special coverage of last week's first Democratic Presidential Debate in Miami, where the planet's worsening climate crisis finally received at least a little bit of airtime from many of the Presidential hopefuls across the span of the much-watched two-night event...

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Guest: Slate's Mark Joseph Stern; Also: Biden plummets, Harris and Warren spike in new polling after first 2020 Dem debate; Callers ring in...
By Brad Friedman on 7/1/2019 6:22pm PT  

After our two-day Special Coverage of the first 2020 Democratic Presidential Debate last week (Night ONE here, Night TWO here), we begin on today's BradCast to get caught up with some of the important news that we were unable to adequately focus on last week. (Even it may take a few days to get fully caught up, if ever!) [Audio link to show is posted below.]

First up today, we're joined for one last time this SCOTUS term by MARK JOSEPH STERN, the great legal reporter at Slate who has helped us make sense of the Court's most recent term under its stolen Republican majority, including many of the oral arguments since last Fall in a bunch of important cases and all of the subsequent rulings handed down in the past several weeks. The last of those rulings were, perhaps, the most consequential, and both came smack dab in the middle of Nights ONE and TWO of the Dem debate last week.

Today, Stern details the Court's horrendous (if not unexpected) 5 to 4 partisan ruling finding partisan gerrymandering to be perfectly Constitutional, despite all of the lower federal courts which have found otherwise. That, even though the practice, taken to new computer-precision extremes by the Republican Party following the 2010 Census, has bastardized the notion of fair representation at both the state legislative and Congressional levels. (eg. See North Carolina, which largely votes 50/50 for U.S. House members over the past decade, but has been represented in the House by just 3 Democrats and 10 Republicans over all of those years!) Stern describes the majority ruling, penned by Chief Justice John Roberts, as a "crushing defeat for voting rights" and a "fiasco for democracy". He explains how the rightwing majority ruling debunks the Chief Justice's own claim that he is the Court's "most aggressive defender of the First Amendment" in that extreme partisan gerrymandering blatantly robs voters of their First Amendment rights by punishing Americans for their partisan leaning, stripping them of the ability to be fairly represented.

"Partisan gerrymandering is uniquely evil and difficult to fix," Stern argues, "because it attacks the foundations of democracy. It entrenches a certain political party's power almost indefinitely, and creates a map that will hold even if the state votes against that party." Now, says Stern, the legal battle to rollback rigged election maps moves to the state court level instead, since SCOTUS has now determined that federal courts have no say in the matter (even though they long ago found racial gerrymanders, if not partisan ones, to be a violation of the Constitution.) "That's why this is the 'nightmare' scenario," he tells me. "Because if the legislature can't fix it --- and why would it fix it, they love what they've done --- you really have to rely on the courts to step in and fix it. And now Chief Justice Roberts has said that the federal courts are not going to hear these claims, that they're shut out forever. That leaves few avenues for relief for voters in these states."

We also get Stern's thoughts --- and callers who ring in on the topic as well today --- on whether Democrats, in states which they control after the 2020 Census should similarly use extreme partisan gerrymandering tactics to balance the scales by keeping Republicans out of power in such states, given that the High Court has granted its blessing for such tactics.

And, speaking of the Census, the other major ruling dropped last Thursday by SCOTUS was on whether or not the Trump Administration may add a question on citizenship to the 2020 Census. In that case, Roberts joined with the Court's liberals to reject the government's claim that they were simply hoping to add the question at the request of the Dept. of Justice in order to better enforce the Voting Rights Act. That transparently false claim was rejected by Roberts who wrote that it "appears to have been contrived".

In fact, it was, as several lower courts have ruled, even before the evidence from the hard drive of a recently deceased GOP gerrymandering expert revealed the entire charade was specifically meant to decrease the response rate by Hispanic and other immigrant communities in order to shift federal funding and voting power to Republicans and non-Hispanic whites. So, that decision was the good news. The not-as-good-news is that Roberts also left the door open for the Administration to try again with a less pretextual reason for adding the question, if they can come up with one. Or, as Stern sums up Roberts' directive in four words today: "Lie better next time." Whether the Trump Administration can do so before the deadline to send the Census to the printer (which, the Admin previously argued in court was a hard deadline of July 1, but now says "well, maybe October would be fine?") remains to be seen.

Next we open up the phone lines to listeners on last week's Democratic debate in Miami. Who do listeners feel did better than expected? Who did worse? The first polling is out today from CNN following last week's debate, finding a pretty huge shift among the Dem and Dem-leaning electorate. The survey finds Senators Kamala Harris and Elizabeth Warren are up 9 and 8 points respectively, while Joe Biden has fallen 10 points since the last CNN poll. That places Harris, Warren and Sen. Bernie Sanders (whose support dropped a few points) all now within just over 5 points from the former Vice President and perceived "front runner" for the Democratic nomination. That pretty seismic shift all comes after just one single debate...with about 11 more to come in the months ahead...

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Guests: Heather Digby Parton and Richard 'RJ' Eskow on Harris' 'breakout', Biden's 'stumble', Bernie's plan for private insurers, Yang's Universal Basic Income, and Marianne Williamson's '4th dimension'!...
By Brad Friedman on 6/28/2019 4:51pm PT  

Our Special Coverage of this week's first 2020 Democratic Presidential Debate in Miami continues on today's BradCast, with post-debate analysis, insight and occasional snarky comment regarding Night Two of the festivities! [Audio link to show follows below.]

The second night featured ten more Presidential hopefuls, including: VT Sen. Bernie Sanders; former Vice President Joe Biden; CA Sen. Kamala Harris; South Bend, IN Mayor Pete Buttigieg; NY Sen. Kirsten Gillibrand; CO Sen. Michael Bennett; CA Rep. Eric Swalwell; former CO Gov. John Hickenlooper; former tech executive Andrew Yang; and author and spiritual advisor Marianne Williamson. It was a very lively affair, to say the least, and our coverage today, I'm fairlly certain, rises to a similar level.

Joining us once again today for the hour is Salon's and Hulaballo's award-winning HEATHER DIGBY PARTON as our through-line from yesterday's coverage. She's paired today with our old friend RICHARD "RJ" ESKOW, longtime political columnist, host of the weekly The Zero Hour radio and TV program and, most helpfully today, a former insurance industry executive!

Among the many issues discussed after Thursday's debate:

  • What the media are describing as a breakout performance from Harris, including her face-off with Biden over his history of working with segregationists in the U.S. Senate (and what it may tell us about her ability to take on Trump);
  • whether Biden can sustain his polling lead after a shaky performance, raising questions about his age (along with similar concerns about Sanders and MA Sen. Elizabeth Warren, to be fair);
  • how the matter of whether the candidates' various proposals for universal healthcare coverage deal with private insurers will be used against them by both the Right and the corporate media (as well as whether or not those proposals will apply to undocumented immigrants);
  • how well the cases made by younger candidates such as Buttigieg or Swalwell seems to be going over after the first debate; whether Silicon Valley tech exec Andrew Yang's proposal for Universal Basic Income makes any sense;
  • at least one topic that the moderators, shamefully, did not raise yesterday;
  • and even a few "insider" thoughts on the seemingly "4th dimensional" Marianne Williamson.

All of that and much more on today's very lively and hopefully both entertaining and informative BradCast Special Coverage!...

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[And if you missed our Night ONE coverage, it's right here!]

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Guest: Slate's Mark Joseph Stern; Also: Dems pass $4.5B emergency funding for border - with strings; Mueller to testify in open hearings; Kellyanne Conway subpoenaed by House; NRATV finally shuts down...
By Brad Friedman on 6/26/2019 5:11pm PT  

Before our guest joins us on today's BradCast --- and in advance of the Democrats' first two-night 2020 Presidential Candidate Debate in Miami (which we'll be covering over the next two BradCasts), some very quick news headlines today. [Audio link to complete show is posted below]

  • House Democrats have called Donald Trump's and Republicans' bluff by passing a $4.5 billion supplemental spending bill to cover border-related costs for children and other migrants being held in squalid, overcrowded conditions, with children not even being given soap or toothbrushes and forced to sleep on cold cement floors. The House bill also places some restrictions on how that funding can be spent, unlike the Senate version of a similar emergency supplemental spending measure for $4.6 billion. Some on Team Trump have called for vetoing the House version. The conflicting bills will somehow need to be reconciled before final passage, though it's unclear how that can happen before lawmakers leave town for their week-long July 4th recess;
  • On Tuesday night, the Chairs of the House Judiciary and Oversight Committees announced that former Special Counsel Robert Mueller has agreed to appear --- after being subpoenaed --- for testimony in open sessions to both House panels, one after the other, on July 17th. He is expected to give answers to lawmakers about his two-year probe of alleged Russian interference in the 2016 Presidential election, the Trump Campaign's cooperation with that effort, and Donald Trump's repeated, unlawful (and impeachable) attempts to obstruct the Special Counsel's federal investigation;
  • Speaking of House testimony, the Oversight Committee voted on Wednesday to subpoena Trump's senior adviser Kellyanne Conway for testimony following a recent finding from the Trump-appointed head of an independent federal watchdog agency recommending Conway be fired for multiple violations of the federal Hatch Act. That Federal law bars public officials from using their office for partisan campaign purposes. Conway failed to show up voluntarily on Wednesday, so will now face a subpoena forcing her to do so --- at least in theory. Trump has refused to fire Conway, despite her repeated violations of the law, and his White House has, so far, taken extraordinary (and likely unlawful) measures to block Congressional testimony by White House officials;
  • Oh, and it was announced today that NRATV is finally shutting down amid internecine fighting, scandal and criminal probes of the terrorist-supporting NRA, which appears to have really shot itself in the foot. We send them our thoughts and prayers at this difficult time;

Then, we're joined once again today by the great MARK JOSEPH STERN, Slate's ace legal reporter and, as the end of SCOTUS' term wraps up before summer, our ever-insightful Supreme Court correspondent! There were a bevy of opinions issued by the Court over the past week, even as most received little fanfare or attention by the media. Trump's war-mongering with Iran and worsening child detention problems on the border are just some of the reasons for that. But also, the biggest expected rulings --- on whether a citizenship question may be added to the 2020 Census, despite Trump Administrations lies about it, and on whether states may employ partisan gerrymandering for electoral advantage --- are still to come at any moment now. In the meantime, while the many opinions issued over the past week, in and of themselves, may not have been marquee rulings, many, as Stern explains, have serious consequences.

More importantly, however, as we discuss today, the new rulings offer some pretty HUGE SCREAMING RED SIRENS about the direction that the Republicans' stolen U.S. Supreme Court now intends to go, with their far-right majority now firmly ensconced. A number of opinions in several of the cases offered some pretty clear projections that this Court intends to overturn decades, if not centuries, of legal court precedent, case law, and even thousands of federal laws in the bargain.

Among the many decisions we discuss in some detail today:

  • A contorted ruling that allows a 94-year old religious monument to fallen WWI soldiers to remain on government property despite being a clear violation of the Constitution's Establishment Clause separating Church and State;
  • The case of an African American man whose death sentence was, thankfully, overturned after a state prosecutor in Mississippi repeatedly excluded African American jurors from sitting on the six different trials the man has, so far, faced for a case of multiple murders that it seems quite likely he had nothing at all to do with;
  • An opinion that overturns decades and perhaps centuries of property rights case law;
  • Another that comes within a hair's breadth of striking down hundreds, if not thousands of federal laws passed by Congress over our nation's history;
  • And a decision that overturns decades of trademark law which the court found to be FUCT. (We explain on the show, while avoiding any potential FCC language violations in the bargain! You're welcome!)

In all, we cover quite a bit of ground today, with some important details --- far more than I can cover here --- that you should definitely tune in for, if only so that you can't later say nobody warned you!

"This is the term when the Justices pretty much rip up stare decisis," explains Stern, citing the legal term for the custom of respecting court precedent, "or at least get out their lighters and lay the kindling. In a number of cases the conservative Justices have just decided that they've had enough with precedent, they're ready to make the Constitution say what they want it to say. Doesn't matter what previous courts have ruled."

Stern warns: "For the most part, the Justices have been swinging for the rafters. They do not feel hemmed in by many limitations. You're seeing unbridled exercise of judicial power --- the kind of thing that [Chief Justice] Roberts said during his confirmation hearings he would never resort to."

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Also: Sestak jumps in; SCOTUS says trademark law is 'FUCT'; Pence defends squalid conditions for detained children; Even NC knows hand-marked paper ballots are needed, so why doesn't L.A. County?; Callers ring in on the Dem 'horse race' before this week's two-night Dem debate...
By Brad Friedman on 6/24/2019 6:29pm PT  

We've largely stayed away from the "horse race" on the Democratic side of the 2020 Presidential race to date, preferring, as we're wont, to focus on more immediate issues, as well as the "track conditions" on which the horses are set to run next year. But on today's BradCast, we finally open the phones to turn to the horse race a bit, in advance of this week's first 2020 Presidential debates.

But first, a few news items of note. Among the stories covered today before we turn to the phones....

  • Were you thinking that 23 or 24 candidates for the Democratic Presidential nomination just wasn't enough? Were you hoping one more white male from a swing-state might enter the race? Well, retired three-star Navy Vice Admiral, former Pennsylvania Congressman and failed U.S. Senate candidate Joe Sestak may be the man for you!;
  • In U.S. Supreme Court news, the Justices released an opinion today finding that the decades-old federal statute preventing the issue of trademarks to brands determined to have "scandalous" or "immoral" names is, in fact, an unconstitutional violation of the Free Speech clause. That will be good news to lifestyle brand FUCT which had been denied a trademark registration for years. In her opinion for the majority, Justice Elana Kagan also may have offered a preview, according to Mark Joseph Stern, of, at least, her opinion on the Court's upcoming crucial ruling on partisan gerrymandering, as she noted that free speech cannot be denied on the basis of viewpoints or ideas conveyed. The challengers in the two partisan gerrymandering cases pending before the Court --- with a decision due any day now --- are arguing that state political opponents are seeing their voting power diluted by the party in power on the basis of their political viewpoints when it comes to the partisan gerrymandering of maps for the U.S. House and state legislatures;
  • In a follow-up to our Friday program's segment focused on horrific conditions for migrant children detainees on the border, Vice President Mike Pence was on CNN Sunday, working very hard to filibuster and otherwise avoid Jake Tapper's direct questions about the Administration's argument --- offered last week in federal appeals court --- that denying soap and toothbrushes to children forced to sleep on freezing concrete under a single foil blanket in overcrowded facilities somehow qualifies as "safe and sanitary" conditions for those children, as required by federal courts. Late today, some good news on that front, as nearly 300 children at a "squalid" Texas facility --- featuring lice, the flu, kids who hadn't showered in weeks, and detained children asked to take care of infants and toddlers --- have now been transferred out of at least that horrific facility...at least for now;
  • Then, with one failure after another after another in North Carolina's elections in recent months and years, even the former counsel for the North Carolina state Board of Elections is now calling for HAND-MARKED paper ballots for every voter. So why isn't the state of Georgia? Why isn't the city of Philadelphia in the key swing-state of PA? Why is the nation's largest voting jurisdiction, Los Angeles County, now moving from hand-marked paper ballots to 100% unverifiable touchscreen Ballot Marking Devices (BMDs) in advance of the 2020 Primaries? And why is Mitch McConnell in the U.S. Senate blocking any and all legislation that would increase election security by, among other things, mandating a hand-marked paper ballot for all voters? We discuss. Again;
  • Then, we open up the phone lines to callers, with the broad questions in advance of the first 2020 Democratic Presidential debate this week: What will our listeners be looking for in this Wednesday and Thursday's two-night face-off among 20 candidates? What is the most important factor they hope to find in a Democratic nominee? Who do they like so far and who do they not like? We offer the chance to advocate --- or bash --- any of the candidates callers may wish, along with the question: Would they vote for a nominee they may not like in the general election, rather than hand Donald Trump a nation- and planet-devastating second term? We got a lot of good callers and interesting thoughts from them along the way...

Please enjoy today's very lively show!...

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Also: OR GOPers still on run; 'COVFEFE - Grounds for Impeachment'...
By Brad Friedman on 6/21/2019 6:26pm PT  

On today's BradCast: Iran and the world can breathe a bit easier for the moment, though children held in deplorable, overcrowded unsanitary conditions in U.S. detention centers near the border still may not. [Audio link to full show is posted below.]

At the last minute, reportedly, Donald Trump pulled his punch, thankfully, and called off an attack on Iran in retaliation for the U.S. drone shot down by the Islamic Republic on Thursday. That drone, Iran says, was a surveillance plane flying above its territorial waters. The U.S. contends the $100 million remote-controlled plane with a wingspan the size of a 737, was flying in international air space. But, no matter who has it right, none of this would have happened at all, had Trump not recklessly and stupidly pulled the U.S. out of the landmark anti-nuclear pact with Iran, struck during the Obama Administration along with France, Germany, the UK, Russia and China.

Trump, despite his wildly inaccurate claims about the Iran deal posted to Twitter this morning, was not the only one to show restraint in the matter. Reuters reports that Iran declined to similarly target a 35-man U.S. military aircraft said to have been accompanying the unmanned Global Hawk spy drone near the Strait of Hormuz in the Persian Gulf. Iran also says they sent "repeated warnings" to the drone operator before shooting it down.

Meanwhile, Democrats in Congress are calling for a "step back from the brink of war" by calling for Congressional debate over the issue, even as they've allowed Trump (and other Presidents) to wage war without Constitutionally-required Congressional approval previously. Over at Fox "News", of course, talking heads such as Brian Kilmeade were calling on Trump to bomb the hell out of Iran, as if the host of Trump's favorite morning show wouldn't be affected in the least from his couch in his NY studio by the potential of WWIII breaking out in the Middle East;

While we can breathe a bit easier on that score --- at least for the moment --- migrant children at detention camps being run by the U.S. Government, suffering under deplorable conditions, are not nearly as lucky. While a silly "debate" was waged this past week by Rightwingers pretending to be outraged by Rep. Alexandria Ocasio-Cortez' accurate reference to U.S. holding facilities for migrants as "concentration camps", the Trump Administration's Dept. of Justice was in court stunning judges by arguing that a long-standing legal settlement requiring migrant children be held in "safe and sanitary" conditions, doesn't mean they have to have either soap or toothbrushes, and that sleeping on concrete floors in freezing, overcrowded cells with only a piece of aluminum foil to keep them warm, is just fine.

The Texas Tribune takes advantage of the moment surrounding the disingenuous "concentration camp" debate to round up just a few of the horrific stories reported over the past month that would seem to prove that, yes, these are, in fact, concentration camps. And, if there was any remaining question, the Associated Press filed an horrific account Thursday night of what attorneys found at one such facility near El Paso, where frightened children are being forced to look after terrified toddlers, while going for "weeks without bathing or a clean change clothes." One attorney who represents detained children said: "In my 22 years of doing visits with children in detention, I have never heard of this level of inhumanity".

In Oregon, as we noted yesterday, Republican state Senate lawmakers have left the state to avoid the quorum needed to vote on an important climate change bill supported by Democrats that, if adopted, would help both Oregonians and the planet. Those lawmakers are now being fined $500/day for missing work, as state police have been ordered to try and round them up. It's the second time in weeks that the GOPers have fled the state. Last time it was in hopes of preventing a vote on a $2 billion funding package for schools. The state's Democratic Governor, Kate Brown, foolishly negotiated with the Republicans the first time to bring them back for that vote after four days, by promising to table planned votes on gun safety and vaccines. But, negotiating with terrorists only results in more terror. So, the Republicans have now pulled the same stunt all over again.

Finally, we can't help but notice throughout today's program how much of the chaos and suffering the nation (and world) is undergoing right now might be eased if Donald Trump was simply removed from office for some of his many high crimes. On that note --- and to lighten things up a bit at the end of another grim week --- we close out with COVFEFE - Grounds for Impeachment, a catchy new tune courtesy of Roy Zimmerman and Melanie Harby, as shared with us by Victoria Parks from our Columbus, OH affiliate WGRN! Enjoy!...

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Guest: MIT nuclear proliferation expert Vipin Narang; Also: Flooding, evacuations in AR, MO; GOP pushback against Trump's new Mexican tariff scheme; The necessity of continuing to talk about impeachment...
By Brad Friedman on 5/31/2019 6:44pm PT  

On today's BradCast, we really tried to talk about something other than impeachment...and we mostly did! You're welcome! But don't expect it to last. [Audio link to show follows below.]

First up today, as predicted, during a very brief pause in the record severe weather that's been afflicting the central U.S. for weeks, flooding continues to be a major problem today and is getting worse. Mandatory evacuations are now in place in both Arkansas and Missouri after levees have breached, been topped or may do so soon both states. Thousands of homes are threatened there and elsewhere as some 80 different river gauges in 10 different states indicate the highest category of major flooding, with more severe weather predicted in the days ahead for rain soaked Oklahoma, Kansas, North Dakota, Louisiana and other Midwestern states.

In politics today, Republicans and major business groups are pushing back at Donald Trump's surprise announcement on Thursday evening that he plans to impose unilateral new taxes on all goods coming in from Mexico, in hopes of forcing our southern neighbor --- in some fashion --- to stop the flow of migrants coming into the U.S. from Central America. The new tariffs --- which are taxes paid by American importers and consumers (despite the President mischaracterization) --- would begin at 5%, and increase by the same amount until reaching 25%under Trump's scheme. A number of GOP lawmakers, particularly in farm states such as Iowa, are blasting the proposal, and warning that it is likely to derail Congressional ratification of Trump's updated NAFTA agreement with Mexico and Canada. It is also likely to cost billions to American businesses --- particularly in the automobile and agriculture sectors --- and threaten hundreds of thousands of jobs.

Meanwhile, calls for official impeachment proceedings to begin against the President get louder each day following Special Counsel Robert Mueller's statement this week clarifying the evidence in his report of serious obstruction of justice crimes by the President and a need for Congress to take action. A stunning reported comment from an attendee at a town hall held this week in Grand Rapids by Michigan's Republican Rep. Justin Amash underscores the necessity to continue informing the public about Mueller's findings. (So, yeah, we're gonna have to continue doing so. Sorry.) Amash remains the only Republican member of Congress, so far, to call for impeachment proceedings and, perhaps, clearest and most effective voices among Rs or Ds in Congress as to why taking action to hold the President accountable is so crucial.

But outside of Congress, a group of former high-level GOP attorneys are also making their voices heard, with a new video detailing several of Trump's obstruction crimes highlighted by Mueller. The group, Republicans for the Rule of Law, says they plan to begin airing a shorter version of their new ad on TV outlets such as Fox "News", where --- at least according to that attendee at Amash's town hall --- only fake news, falsely claiming Mueller exonerated Trump, is being heard.

Finally today, after several months of relative calm during negotiations with Trump, North Korean dictator Kim Jong Un began testing missiles again in early May. While Trump's National Security Advisor John Bolton has described the tests as a violation of U.N. Security Council resolutions, and South Korea sees the tests as a potential violation of recent agreements between the two Koreas, Trump has continued to downplay --- or completely deny --- Kim's actions.

At the same time, as the North fires ballistic missiles and continues to amass nuclear weaponry, Trump --- who spent the Memorial Day weekend in Japan to discuss this and other matters --- still seems more obsessed with Iran, who does not have nuclear weapons, but is now said to be increasing their fissile material enrichment program in the wake of Trump pulling out of the seven-nation anti-nuclear agreement struck during the Obama Administration. Trump now says he'd "like to make a deal" with Iran, but Iran says they see "no prospect" of such a deal with this American President.

We're joined today by VIPIN NARANG of MIT's Security Studies Program to try and make sense of what is or isn't going on on the Korean peninsula, and how the Trump Administration is or isn't responding to both North Korea and Iran. That, after Trump sided with Kim, while on foreign soil in Japan last weekend, to attack former Vice President and 2020 Presidential hopeful Joe Biden --- and amidst unconfirmed reports from South Korean media that Kim has executed his top nuclear negotiator and four other senior Foreign Ministry officials following the failed summit between him and Trump in Hanoi, Vietnam last February.

Among the very clarifying information from Narang on North Korea, he warns: "The risk now is that by [Trump] green-lighting North Korean tests short of ICBMs, it may encourage or embolden Kim Jong Un to continue testing more frequently, and maybe longer-range missiles. We've seen Trump flip very quickly, so if Kim Jong Un makes a mistake of pushing the line just a little bit too far, or testing one missile too many, President Trump can flip and feel betrayed very quickly." He adds: "If you get a missile test that really pushes a line, then we could end up back [like] in 2017 [with threats of 'fire and fury'], but without the possibility of a diplomatic off-ramp."

Narang, who focuses at MIT on nuclear proliferation, strategy and South Asian security, is the author of the award-winning Nuclear Strategy in the Modern Era. Among the insights he offers regarding Trump's on-again, off-again chest thumping against Iran: "It's very difficult to envision a deal with Iranians that is better than the JCPOA ... You're not going to get everything you want in a deal, and that's what the Iranians were willing to accept. And then you have to ask yourself, is a world with the JCPOA in that incarnation better than a world without? And I think it was. It was working."

In both cases, in North Korea and Iran --- as well as the United States --- Narang warns that "dysfunction within the [Trump] Administration" is allowing hardliners to gain the upper-hand against peace initiatives. "The irony is that the hardliners in the United States that want to press Iran, and press North Korea, forget that those countries have hardliners, also." Our actions, he cautions, are now serving to embolden them.

"The horse is out of the barn in North Korea. You're not going to take away their nuclear weapons. The aim should be to avoid a war," he argues. "In the medium term, the risk with this strategy is that North Korea miscalculates, or that Iran miscalculates, and then Trump flips...In the long run, the problem is if this dysfunction isn't sorted out, we are setting ourselves up for crises in both areas."

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Guest-hosted by Angie Coiro w/ David Levine, Elizabeth Cobbs and Kate Kendall...
By Angie Coiro on 5/24/2019 5:25pm PT  

I'm Angie Coiro of In Deep Radio, here on today's BradCast to give Brad and Des a breather. They're back post-holiday!

As I note in the show (audio link below) you don't have to agree with Nancy Pelosi's tactics and goals --- hell, you don't even have to like her --- to still doff your cap to her rhetorical skills. Her press conference this week gives a sentence-by-sentence master class in piercing your opponent with a smile, undermining his bombast with grace, and evincing humility while kicking him where it hurts. I walk you through her best-landed blows in today's show.

Then I go over Trump's court losses this week, the specter of impeachment, and even the possibility of Trump pardoning himself with DAVID LEVINE of UC Hastings Law. Spoiler about the self-pardon: no one knows how that would play out, because it's never happened before.

Putting this week's slam on Harriet Tubman into perspective is ELIZABETH COBBS of Stanford. Bottom line: she was a better person and patriot than he could ever pretend to be.

Finally, I have some time with someone I deeply admire. KATE KENDALL did powerhouse work at the head of the National Center for Lesbian Rights for twenty-two years. Now she's heading up Pack the Courts, formed to expand the number of SCOTUS seats to give justice a fighting chance. She explains it all in depth, including that choice of 'potentially-inflammatory name'...

Download MP3 or listen online below...

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Guest: Slate's Mark Joseph Stern; Also: Trump panics over impeachment, sets course for Constitutional crisis by blocking lawful subpoenas...
By Brad Friedman on 4/24/2019 6:39pm PT  

On today's BradCast, Donald Trump's Administration is now barreling the nation towards one or more unprecedented Constitutional crises as he panics about the possibility of impeachment. But the fruits of the GOP's labor in violating Constitutional norms to steal a majority on the U.S. Supreme Court may now finally be set to pay off for them for at least the next decade. [Audio link to show is posted at end of article.]

First up today, however, some quick election results following a few contests around the country on Tuesday. In a Special Election for a vacated state Senate seat in Tennessee, Republican Bill Powers reportedly defeated Democrat Juanita Charles. The result wasn't a surprise in a state where the GOP now enjoys a supermajority in both chambers of the General Assembly. But Powers is said to have won by just under 10 points. That's a 13-point swing towards the Democrats in a very Republican district from what would normally be expected.

In Tampa, Florida former police Chief Jane Castor was elected by a 73% landslide to become the city's first openly gay Mayor, the first to lead a major city in the U.S. Southeast. The victory comes less than one month after the openly gay Lori Lightfoot was elected Mayor in Chicago. Castor was outspent 2 to 1 by her opponent, David Straz, a 76-year old banker who wasted $5 million of his own money on the race and also outspent the other seven candidates combined in last month's primary.

Back in D.C., the U.S. House General Counsel filed a motion in federal court seeking to block Trump's re-appropriation of some $6 billion from the Defense Department to build his wall on the Southern border. The House --- which voted, along with the Senate, to block Trump's "national emergency" declaration and his re-allocated spending, only to be vetoed by the President --- argues that Trump's actions are unconstitutional as contracts are being awarded and money spent to build and repair border barriers with funding that "Congress did not appropriate for that purpose."

But federal judges who actually believe in following the Constitution may be in shorter supply these days, as Trump and the GOP have packed the courts with "conservatives" of convenience --- jurists who claim to believe in one set of principles but follow a radically different path when it suits their political whims. Trump is counting on such activist judges as he announces his Administration is now blocking all White House and other executive agency officials from responding to lawful document demands and subpoenas issued by Congress. In just the past 24 hours, the Administration has directed several current and former officials to not respond to lawful Congressional subpoenas for testimony and has denied statutory requests for financial documents of Trump and a number of his companies. Trump also, on another Twitter tear today, vowed to seek help from his stolen SCOTUS in the event that he is impeached.

Our guest today, MARK JOSEPH STERN, legal reporter for Slate, offers insight on all of the above, before we focus on the even more disturbing news regarding Tuesday's oral arguments at the Supreme Court regarding the Commerce Department's attempt to add a question on citizenship to the 2020 Census.

Stern, who was present at the Court for argument on Tuesday, suggests the outlook is not encouraging. He tells me he counted five rightwing Justices who appear eager to overturn three lower court rulings which found Commerce Secretary Wilbur Ross lied about his reasons for unlawfully directing the Census Bureau to add the question despite objections from career Census professionals who advise that the question would result in a massive under-count of Hispanic and immigrant populations.

The decennial count of all "persons" in the U.S., (as the Constitution requires), may be off by as many 6.5 million people if the question is added, largely in areas that tend to vote Democratic, according to the experts. The result would be felt for the next decade --- particularly in Democratic-leaning cities and states --- as the Census is used to allocate hundreds of billions of dollars in federal spending, as well as how Congressional and state legislative districts are mapped and residents represented, and even how electoral votes are to be allocated.

"This was just a real bloodbath for the plaintiffs here," Stern tells me about Tuesday's oral argument. "This case should have been so simple. Wilbur Ross, the Secretary of Commerce lied about his reason for including a citizenship question on the Census. He lied, and he got found out. He is the one who asked the Justice Department to create some pretext for the citizenship question. And beyond that, Ross busted through a bunch of statutory roadblocks that are supposed to prevent the inclusion of gratuitous questions on the Census."

"The lower court in this case said, 'I count Wilbur Ross violating the law in at least six separate ways.' The Supreme Court only has to find one of those ways to be compelling to stop the citizenship question and say no," Stern laments. "But I don't think a majority of the court is willing to step in and stand up for the law. And I fear the reason is because they know exactly why the Trump Administration wants the citizenship question on the Census."

Stern details what he describes as hypocrisy displayed by the Court's five Republican Justices during argument, as they cited everything from the Voting Rights Act (which they voted to gut) to international law (which they have dismissed as having no basis in U.S. law) to deference to federal agencies (which they have famously undermined in recent years when it comes to environmental regulations and other disputes where courts had traditionally deferred to executive agency expertise) in posing questions that indicate they plan to approve the new question meant to rig the Census. "It was a very bad day for truth at the Supreme Court," Stern reports.

"Hypocrisy doesn't even begin to capture what this is," he argues. "I can only hope that Kavanaugh and Gorsuch begin to apply international law in death penalty cases, as well. But something tells me this is a ticket good for one ride only."

Finally, Desi Doyen joins us for the latest Green News Report (after we ran out of time for it yesterday) with another troubling mix of both good news and bad for the nation and the planet...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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