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Latest Featured Reports | Wednesday, January 20, 2021
Bye, Don:
'BradCast' 1/19/2021
Guest: Progressive columnist, broadcaster Richard 'RJ' Eskow on Trump's bitter end, Biden's difficult new beginning, America's challenges ahead...
'Green News Report' 1/19/21
  w/ Brad & Desi
Biden's recovery plan focuses on climate and a blitz of action to undo Trump's enviro rollbacks; Trump's last rollbacks and polluter giveaways; PLUS: Final end of line for Keystone XL?...
Previous GNRs: 1/14/21 - 1/12/21 - Archives...
Sunday 'Capitol Punishment' Toons
PDiddie's latest, 'inciteful' collection of the week's best political toons...
Our Long National Nightmare Almost Over, Trump's Just Beginning: 'BradCast' 1/15/21
Guest: Salon's Heather Digby Parton; Also: Tragic COVID milestone; Biden's $1.9T plan; Creepy new Capitol Insurrection revelations...
DOJ Must Contest Validity of Presidential Self-Pardons and Pardons of Seditious Co-Conspirators
Did the Framers really wish to give Get-Out-of-Jail Free cards to insurrectionists?...
'Green News Report' 1/14/21
  w/ Brad & Desi
Former MI Gov. charged in Flint Water Crisis; Trump EPA parting gift to polluters; U.S. emissions plummet, due to coronavirus; PLUS: World's biggest battery farm now online in CA...
Previous GNRs: 1/12/21 - 1/7/21 - Archives...
'A CLEAR AND PRESENT DANGER': TRUMP IMPEACHED AGAIN: 'BradCast' 1/13/21
Guest: Former diplomat, Rep. Tom Perriello of Open Society Foundations US on nation's need for accountability beyond impeachment...
America or Autocracy? - GOPers Choosing Sides: 'BradCast' 1/12/21
Also: Military condemns insurrection; Corporations dump Repub coup-supporting lawmakers; Adelson dead; GOP support for impeachment; Schwarzenegger's response...
'Green News Report' 1/12/21
2020 tied for hottest year on record; 2020 also shattered record for billion-dollar disasters in U.S.; PLUS: Fossil fuel industry shuts revolving door on Trump energy staffers...
To Impeach or Not Impeach? Why It's Even a Question: 'BradCast' 1/11/21
Callers ring in following last week's deadly, Trump-incited riot, while timing looms large before Inauguration Day, and as MAGA Mobsters gears up for more violence...
Sunday 'Death to America!' Toons
PDiddie's latest weekly toon collection finds, once again, the call is coming from inside the (White) House...
Trump Must Be Impeached Again, EVEN if He Leaves First: 'BradCast' 1/8/21
Guest: Former federal prosecutor Ben Clements; Also: Officer dead after Capitol riot; Pelosi to Trump: resign or be impeached; Dominion's $1.3B suit against Powell...
'Green News Report' 1/7/21
Dems win Senate majority, paving way for climate action; Amid attempted coup, Admin auctions drilling rights in ANWR; PLUS: Britain's new record in offshore wind...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

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

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

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

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

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

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

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

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

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

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

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

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


New Dem House majority will be perilously thin on Jan 6th; Pentagon halts Biden transition briefings; Also: Dominion threatens to sue Sidney Powell; Repub attorney calls for hand-marked, hand-counted paper ballots(!)...
By Brad Friedman on 12/18/2020 7:41pm PT  

We're still in Friday the 13th and Nightmare on Elm Street mode on today's BradCast, with a reminder that there are still 33 long days before Inauguration Day. And even though Freddy Kruger (in Nightmare) and Jason (in Friday, which I manage to get mixed up on today's show, but you'll get the idea!) get killed in every movie, they always find a way to reappear once you think they are absolutely, positively dead. We've made it this far, let's not let our guard down until the credits have finished fully rolling! [Audio link to full show is posted below.]

To that end, and beyond, we've got a number of stories worth your attention on today's show, including...

  • The Democrats' majority in the new House of Representatives will be perilously thin --- just four votes --- when the new Congress is sworn in on January 3rd, warns Norm Ornstein at WaPo. That could very much come in to play when Biden's Electoral College victory is scheduled to be affirmed by Congress on January 6th, if all members are unable to be sworn in, in person, due to COVID. We discuss that short term concern as well as longer term ones for Dems in the House, where every single Dem vote will now likely be needed to pass absolutely anything --- especially once three members now tapped to serve in the Biden Administration vacate their seats and Dems are left with a slim one vote majority for a time. We discuss both those long and short ramifications today, as you need to know about both.
  • But, before we even get to January 6th --- much less Inauguration Day on January 20th --- why did the Pentagon's Acting Defense Secretary, who was just appointed by Trump, call off all transition briefings with the Biden Transition Team last night? AXIOS reports Defense Department officials are "shocked" and the Biden team is very concerned. (Does Freddy still live?)
  • We've got a bit of good news today, at least out of Georgia, where some rightwingers attempted to challenge the eligibility of some 50,000 registered voters who they claim have moved out of the formerly right-leaning Cobb County. They had hoped to keep them all from voting in the two, ongoing U.S. Senate runoff elections that will determine partisan control of the U.S. Senate on January 5th. The lame duck 3 to 1 GOP majority county Board of Elections heard the challenges today. Happily, the the Republicans members, who were all voted out and replaced by a Democratic majority on November 3rd, did the right thing. We explain.
  • Meanwhile, a couple of days ago on the show, I was in the uncomfortable position of having to defend voting machine company Smartmatic, as part of a pretty epic rant, thanks to Team Trump and the MAGA Mob's bastardized use of some of my decade-old investigative reports at BRAD BLOG that were twisted and used to falsely attack the company for somehow working with Venezuela and its dead President Hugo Chavez to steal the 2020 election from Donald Trump. The private voting system vendor is now threatening to sue rightwing propaganda outlets Fox "News", Newsmax and OANN for defamation if they do not retract what the company describes as defamatory claims about the company that had absolutely nothing to do with the 2020 election in ANY swing-state.

    But now, yet another voting machine company, Dominion Voting Systems --- which actually DOES have contracts in a number of swing-states and has also been falsely targeted by the MAGA Mob for allegedly flipping votes from Trump to Biden --- is threatening to sue Team Trump attorney Sidney Powell for her false, outrageous, and arguably defamatory claims.

  • Yet maybe --- just maybe --- something good can ultimately come from all of these nightmares. For that, ironically enough, we turn today to the rightwing propaganda outlet called The Epoch Times for evidence. A new article in the paper which is widely read, cited and shared by wingnuts, including the President of the United States, highlights a far-right attorney who has been involved in a number of the failed legal attempts to overthrow Biden's victory. He is now calling for a return to hand-marked and even hand-counted paper ballots!

    Decrying "the vulnerability of our digital footprint in elections," he argues: "We can keep the paper, and we can audit the paper, and we can do so with efficiency. But the primary aim should not be efficiency behind closed doors. It should be transparency and accuracy. Paper gives it to you." The article makes clear (if you read it, you can skip the middle section with a bunch of grievance nonsense regarding Facebook and Mark Zuckerberg --- told you it was a propaganda rag!) that he is calling for HAND-MARKED and HAND-COUNTED paper ballots!

    I have long argued that we'd likely never get rid of these god-forsaken computer voting and tabulation systems and restore public oversight to our elections until a high-profile Republican got thoroughly screwed by those systems or even feared that they got screwed by them. That's because it has largely been Republicans who have been defending their use for so many years. I guess I should have also noted that a Republican who pretended he was screwed by one of those systems might do the trick as well. Well, at this point, we'll take what we can get.

    Once the dust settles on 2020, let's hope there are enough Republicans who still have serious concerns about computer voting and tabulation that they are willing to work with other Election Integrity advocates, many of them from the Left, to end the obscene --- and often impossible to oversee --- computerized corporate control that has been allowed to takeover our public elections in the United States.

  • Finally, Desi Doyen joins us for our latest Green News Report, as Biden focuses on jobs and climate in several recently reported key nominations to his Administration; Trump continues trashing the planet on his way out the door; and Washington state's Governor unveils an ambitious new clean energy jobs plan...

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

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Guest: Slate legal reporter Mark Joseph Stern on recent cases, Bill Barr, Kris Kobach and accountability for TX' attempt to overturn the election; Also: GOP now eating its own with GA's U.S. Senate runoffs underway...
By Brad Friedman on 12/15/2020 7:54pm PT  

On today's BradCast: While the GOP's packed and stolen 6 to 3 U.S. Supreme Court did the right thing last Friday in unanimously rejecting [PDF] indicted Texas Attorney General Ken Paxton's attempt to steal the 2020 election (and receive a Presidential Pardon for his thanks), there remains the question of accountability for those who signed on to the frivolous and arguably "seditious" attempt to undermine democracy. Especially from the 19 wingnut state Attorneys General who should both have known better and, according to our guest today, have a legal obligation to do so. In the meantime, SCOTUS made a couple of other rulings this week that have received far less notice, but that are also surprisingly good, given the Court's radical, far-right majority. [Audio link to full show is posted below summary.]

But first up today, a few quick observations on the Republican Party that now seems to be eating itself alive in the wake of Trump's loss. On yesterday's BradCast we noted the weekend MAGA Mob rally in D.C., where angry brain-poisoned Trump supporters broke into chants of "Destroy the GOP!" before booing Georgia's incumbent Republican U.S. Senators Kelly Loeffler and David Perdue who are facing tough runoffs against Democratic challengers Raphael Warnock and Jon Ossoff for contests that will determine control of the U.S. Senate on January 5.

Today, sore loser Donald Trump, who has been attacking Georgia's extremely Trumpy Republican Governor Brian Kemp and Sec. of State Brad Raffensperger for weeks in order to (absurdly) blame them, instead of himself, for losing the election in the state, upped the stakes considerably. He retweeted a message from a mentally unbalanced Georgia attorney and conspiracy theorist calling for Kemp and Raffensperger to be jailed. The post also includes Photoshopped graphics of Kemp and Raffensperger --- both of whom are Trump supporters that have faced death threats since Trump turned on them --- wearing masks with Chinese flags on them.

But, hey, at least Mitch McConnell finally recognized the election of President-elect Joe Biden and Vice President-elect Kamala Harris today, after Monday's Electoral College vote confirmed their "landslide" victory. Also, one "courageous" and very rightwing House Republican, on Monday, decided he has finally had enough of his colleagues' attacks on democracy itself and has announced he is officially becoming an "independent"...now that he'll be leaving Congress at the end of the year anyway.

Then its on to a number of not horrible things done over the past several days by the U.S. Supreme Court, as we are delighted to be joined once again by one of our very favorite legal reporters, MARK JOSEPH STERN of Slate.

On Monday, SCOTUS rejected an appeal by the state of Indiana in a years-long case brought by a number of married lesbian couples regarding marriage rights. The couples all had children using artificial insemination, but Indiana law had forced the spouses of the women who gave birth to go through onerous, expensive adoption procedures in order to become a legal parent. There is no such requirement for men in opposite-sex marriages to do so in similar situations. Happily, the Court dismissed Indiana's challenge to lower courts which found the state's law unconstitutional, in what might have been the first chance to roll back marriage equality protections since Amy Coney Barrett was rammed onto the Court.

Also on Monday, SCOTUS put a merciful end, once and for all, to the voter suppression law written by disgraced former Kansas Sec. of State and GOP "voter fraud" fraudster Kris Kobach requiring proof of citizenship papers when registering to vote in the state. The 2013 law would have disenfranchised tens of thousands of legal Kansas voters and was found unconstitutional by court after court. The SCOTUS decision to not hear the case finally makes Kobach's unnecessary law a dead letter, though Stern says he believes it's likely to pop up again in similar forms from other states, given the radical, anti-voter, anti-immigrant, anti-democracy fever running rampant right now in the GOP.

In addition to a eulogy, of sorts, for the pathetic "clownish" legacy of Kansas' failed former Sec. of State, failed gubernatorial candidate and failed Senatorial candidate, Kobach --- who is also now mixed up with an anti-immigrant "Build the Wall" group facing fraud charges with Steve Bannon --- Stern unloads with another eulogy for the legacy of another similarly disgraced rightwinger today, U.S. Attorney General and Trump fixer Bill Barr. Trump tweeted on Monday that Barr would be leaving DoJ just weeks before the one-term President leaves office, after Barr had the temerity to admit that there is no known evidence of mass voter fraud that stole the election for Biden.

Barr, Stern argues, is "more offensive, terrifying and obnoxious" than Trump himself, because he is "
a creature of the Republican Establishment, a creature of the conservative legal movement. Bill Barr is at the heart of it." He believes "Barr did immense damage to the rule of law" and "may have permanently hobbled the Justice Department's integrity and legitimacy." That's just part of Stern's invective for Barr, who he describes as "just an awful person, and I wish him nothing but bad luck for the rest of his life."

Finally, we dig into the mess surrounding the shameless attempt to win a Presidential Pardon by TX Attorney General Paxton, who, as he filed his suit last week, was also subpoenaed by the FBI in a bribery and abuse of power investigation by the FBI. His lawsuit [PDF] filed with SCOTUS on behalf of Texas, sought to nullify all of the votes --- some 20 million of them --- in four different states (Michigan, Wisconsin, Pennsylvania and Georgia) in a fruitless attempt to steal the election for Trump. We've got lots to discuss on this today. The radical legal concept at the center of Paxton's case (and several others which similarly failed over the past month) would nullify all election laws, rules and regulations not expressly enacted by state legislatures and ONLY state legislatures. In addition to turning centuries of American democracy and voting rights on its head, this literal, radical, ill-considered, "textualist " or "originalist" reading of the Constitution's Elections Clause --- arguing that Governors, Secretaries of State and even state courts may have no say at all over election rules --- would have broad ramifications for all sorts of other laws. For example, as we discuss, if Governors may no longer veto State Legislatures regarding election laws, does that mean a President may not veto Congress on tax laws, given they are granted the power of taxation in the Constitution by a similarly literal reading?

While SCOTUS rejected Paxton's case on jurisdictional grounds Friday night, many of the failed cases brought by Team Trump hoping to overturn the election results over the past month similarly relied on that radical theory. They were tossed before that question could be answered by the courts, however. So, will Republicans continue to push for a SCOTUS opinion on this matter from the high court in the months and years ahead? Stern believes that, before Amy Coney Barrett was added to the Court, there were at least four Justices who had signaled willingness to support the radical theory.

Should Texas' election results also be thrown out under Paxton's theory, given that its Governor Greg Abbott, without legislative approval, limited mail-in dropboxes to just one per county for November? How about Alabama's results, where its Republican Sec. of State John Merrill decreed curbside voting to be unlawful in a case which was met with approval by SCOTUS earlier this year?

Also, what of the 18 state Attorneys General who signed on to Paxton's cuckoo complaint, who are members of the bar and officers of the court with a duty to not bringing frivolous, much less arguably "seditious" (as Pennsylvania's defendant AG described it) lawsuits. Should they be punished in some way? Can they be sanctioned for their actions? And, as one caller asked during yesterday's show, should all of these repeated attempts filed by Republicans in hopes of overturning a legitimate Presidential election be regarded as "treasonous"? (My answer yesterday was "no", but does Stern agree?)

All of that and much more on today's very lively --- and, hopefully, informative --- BradCast!...

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

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Also: BARR OUT AT DOJ; Trump legal fights mopped up, rejected in WI; MAGA Mob sparks weekend violence in D.C., shuts down MI capitol...
By Brad Friedman on 12/14/2020 7:50pm PT  

On today's BradCast, we won't be broken, even by more breaking news than we might have guessed. [Audio link to complete show is posted below.]

We knew we were starting with late breaking news today as California gave President-elect Joe Biden the requisite votes (270) needed to win the Electoral College just minutes before air time. But, because this is the Trump Era, that was quickly superseded by the breaking news just seconds before air time that Donald Trump's corrupt fixer and Attorney General Bill Barr is now out at the Dept. of Justice after recently conceding there was no massive fraud in the 2020 election that Trump decisively lost.

In other news covered on today's program on what developed into a surprisingly good news day by and large (at least by 2020 standards)...

  • We begin with a fireside story for your holidays called "The President's New Suit". Spoiler alert: only his closest courtiers and sycophants (126 House members and, even more shamefully, 19 wingnut state Attorneys General) can see it. Even his stolen and packed U.S. Supreme Court saw nothing there on Friday and dismissed the last-ditch effort to disenfranchise millions of American voters in four swing-states that voted for Biden, as filed last week by the indicted Republican Texas Attorney General and Presidential Pardon Hustler Ken Paxton.
  • As the nation crosses its latest undescribably grim milestone today of more than 300,000 deaths from COVID-19, Trump continued to spend his time over the weekend lying about about "fraud" in the election that he lost, rather than the lives needlessly lost under his failed pandemic management as the surging crisis continues to smash new records each day. But, on Monday, the first doses of the first approved vaccine for the disease began to be distributed and administered to health workers and elderly Americans in assisted living facilities. It will likely be Spring before much of the general public will have access.
  • No matter his lies and failures, Team Trump's onerous attempts to disenfranchise hundreds of thousands of voters in Wisconsin --- but only in its two most diverse, most Dem-leaning, most African-American counties --- continued over the weekend. Two different legal efforts in the Badger State, one in federal court and one in state court, fared no better than his 60 or so previous attempts to steal the election from Biden. Of the two latest cases, the last ones that we know of in WI, neither of which included evidence of fraud, one was dismissed by a Trump-appointed judge in federal court on Saturday, and the other was tossed by a 4 to 3 vote of the rightwing Wisconsin state Supreme Court on Monday. A conservative Justice, once again, voted with the court's three liberals, and excoriated the Campaign's attempt to toss more than 200,000 lawfully cast votes in a strategy that one Justice said "smacks of racism". The ruling came just moments before Wisconsin cast its 10 Electoral College votes for Biden.
  • Down in Georgia, where 16 Electoral College votes were cast for Biden today --- eventually giving him 306 votes, versus the 304 votes Trump ultimately received in 2016, when he called his victory over Hillary Clinton a "landslide" --- former Gubernatorial candidate Stacey Abrams cast her vote as a Democratic Elector and offered some comments on bringing the nation together under the new Democratic President-elect, which we share on today's show.
  • And though we ran out of time for details, here's the story of the Michigan state capitol which had to be shut down today for security reasons during the casting of that state's 16 Electoral College votes for Biden, as a state GOP lawmaker appeared to threaten violence in Lansing this morning.
  • Finally, in our remaining few minutes, we open up the phone lines to listeners, one of whom sees the continuing and futile Team Trump lawsuits as "treason", another who questions the safety of the COVID vaccine, and another who ends today's show with a rather appropriate song...

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

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Guest: Insurgency, terrorism expert Colin P. Clarke of The Soufan Center...
By Brad Friedman on 12/4/2020 8:16pm PT  

On today's BradCast: The monster isn't quite dead yet, but it's getting close. His zombie minions, however, pose an entirely different concern. [Audio link to full show is posted beneath summary below.]

Late on Thursday night, U.S. Supreme Court Justice Samuel Alito announced a schedule for the Court to examine a late challenge to Pennsylvania's election results, as filed by a top Trump ally in Congress and a number of state lawmakers. If successful, the challenge would result in the disqualification of hundreds of thousands of lawfully cast ballots in the Keystone State, handing its electors to the loser, Donald Trump. But Alito's delayed schedule to review the case --- until after the statutory so-called "safe harbor date" to conclude state Electoral College result challenges --- appears to all but preclude the possibility of SCOTUS overturning results in the state showing that Joe Biden defeated Trump by more than 80,000 votes.

That case, just like all of those filed (and rejected) by the Trump Campaign to date, does notinclude any evidence or allegation of fraud, widespread or otherwise.

So, is Trump's narrow path to overturning the will of the people now completely shut? Almost...though it's not quite foreclosed just yet, as we explain.

Then, following a week of death threats against Republican officials across the country by Republican supporters of Trump, as encouraged by the President of the United States himself, an expert in terrorism and insurgencies joins us to explain why he believes Trump is now actively laying the groundwork for a violent insurgency during Joe Biden's presidency.

COLIN P. CLARKE, is a senior research fellow at The Soufan Center, where he studies terrorism, insurgency and political violence. This week, in an Los Angeles Times op-ed, he argued that "President Trump's post-election antics are dangerous." Clarke, who has studied every political insurgency between WWII and 2009 writes: "I firmly believe that the president of the United States is laying the groundwork for violence and disruption to unfold regularly over the next four years. As a national security researcher, I never imagined I'd write that sentence."

Clarke, who also teaches Carnegie Mellon University's Institute for Politics and Strategy (IPS) and is author of a number of books on international terrorism, joins us today to explain his concerns, the evidence for them and why he believes it's important for Americans to understand the very real threat posed to U.S. national security by Donald J. Trump.

"Beyond just embarrassing himself, his administration and his band of sycophants, he's endangering the country," Clarke tells me. "As a counter-terrorism analyst, I find it my duty to be a sober assessor, to err on the side of caution, not to think that the sky is falling at all times. But I genuinely believe that what the President is doing right now is actively and deliberately attempting to undermine the legitimacy of the elections, of our democracy, and of the incoming Biden Administration."

Amid what Clarke describes as a political "tinderbox" created in the U.S. over the past four years, he charges that "Trump has always thrived on instability. He doesn't care if it happens to be in his own country. I don't consider him a patriot. I don't think he has the best interests of the United States in mind, and I don't think he ever has."

Following last week's assassination of Iran's top nuclear scientist (as discussed on a BradCast earlier this week with former National Security Council member William Tobey), Clarke also offers his assessment of whether it is the Islamic Republic or Trump himself who poses a greater threat to national security as Biden begins his Presidency next month.

Finally, Desi Doyen joins us for our latest Green News Report as the U.N. issues another dire warning on humanity "waging war against nature,"; the world's formerly most profitable corporation, Exxon Mobil, sees its value quickly disappearing as the world continues to move away from disastrously climate changing fossil fuels; and New Zealand's government declares a climate emergency and vows to reach net-zero carbon neutrality by 2025.

P.S. If you're wondering about that pretty hilarious clip we opened today's show with from the Lincoln Project, the full uncensored version is posted here.

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

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)




'Poll Pad' systems made by KNOWiNK shut down, slow voting in several states; USPS ordered to sweep for undelivered ballots; Houston voters win again; World awaits election results...
By Brad Friedman on 11/3/2020 6:01pm PT  

I've got to be quick about this today, as polls are now closing on the nightmarish hellscape that is Election Day 2020. But, on today's BradCast, we cover some of the reported problems voters had around the country on Tuesday, thanks to failed voting systems in battleground states such as Georgia, Pennsylvania, Ohio and Texas. [Audio link to show follows below.]

Happily --- perhaps due to so many voters having already voted during Early Voting or by-mail --- there were far fewer problem reports today than in recent Presidential elections. At least as of air time. Frequently, problems don't reveal themselves until later. But, for now, we focus on a few places where voting systems went down entirely, preventing voters from voting in those states.

In almost every case it was related to the failure of electronic pollbooks made by a company named KNOWiNK, which produce the devices called "Poll Pads". Those systems seem to be behind the countywide shutdown of voting for the first several hours of Election Day in Spalding County, GA and in Morgan County, GA. Despite months of warnings from voting systems experts --- and a federal court order --- and the systems failing during the state's June primaries --- Sec. of State Brad Raffensperger did not make sure that backup paper pollbooks were in place. That meant that voters in Spalding could not vote at all for hours on Election Day. In Morgan, election officials were a bit more prepared, it seems. They were able to keep the process going, even if lines were a bit longer than hoped.

Similarly, when the Poll Pads failed in Ohio's Franklin County (Columbus), officials had backup paper pollbooks on hand, as ordered by Ohio Sec. of State Frank LaRose.

Early reports, overall, were that voting went largely smoothly in Philadelphia, in the battleground state of Pennsylvania that both Joe Biden and Donald Trump consider to be critical for their respective hopes of a victory.

But down in Texas, which is now also a battleground state, problems with the e-pollbooks in Upshur County prevented precincts from opening for several hours on Tuesday morning. That could not only affect the Presidential race, but the contest against loony incumbent Republican Rep. Louie Gohmert by Democrat Hank Gilbert in the state's 1st Congressional District. He spent hours in court today, helping to extend polling hours to try and make up for the early morning vote system failure.

Also in Texas, overnight, the far-right 5th U.S. Circuit Court of Appeals upheld a lower far-right lower court judge's ruling that dismissed a challenge to Harris County (Houston)'s ingenious drive-thru polling places, meant to help voters stay safe during the pandemic. The Republican plaintiffs in that case are hoping to reject more than 127,000 legal votes cast from cars in the state's largest county, a Democratic stronghold in the previously very "red" state.

MANY more details on ALL of the above and more on today's show, which closes with Desi Doyen and our latest Green News Report on the record-setting Hurricane Eta, now smashing into Nicaragua and possibly headed our way, and the stakes for humanity and the planet itself in today's Presidential Election....as the world anxiously watches and waits along with us...

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Guest: Attorney Ron Fein of Free Speech for People; Also: Biden's plan for SCOTUS expansion; Graham breaks rules to approve Barrett w/out Dems; SCOTUS blocks AL curbside voting; Admin claims Iran (not Russia, not Proud Boys) behind email threats to Dem voters...
By Brad Friedman on 10/22/2020 5:17pm PT  

Last week, Trump's new "sham" nominee to the U.S. Supreme Court appeared to not know if voter intimidation was even a violation of federal law. This week, as we report on today's BradCast, Trump and his henchmen find themselves facing a federal lawsuit over exactly that. [Audio link to show follows below.]

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

  • First up, Joe Biden has finally stated his position on expanding the U.S. Supreme Court. That position? A bi-partisan commission to study reforms for the federal court system, to offer recommendations after six months...if Biden wins the White House and Dems take the Senate. We discuss what is probably a pretty smart political position for the former VP to take right now, considering that corporate media can't stop using the words "court packing" to describe long-overdue reforms after years of actual court packing by the GOP.
  • Speaking of which, the Senate Judiciary Committee on Thursday, led by South Carolina's increasingly vulnerable Sen. Lindsey Graham, broke their own rules today to ram through the nomination of Amy Coney Barrett without a single Democrat present, after Dems refused to allow a quorum for today's vote. If she is confirmed by the full Senate on Monday, as Republicans currently plan, it will be one of the shortest confirmation processes and the closest to a Presidential Election Day for the seating of a Supreme Court Justice in the nation's history. That, after just 4 years ago Republicans blocked a Democratic SCOTUS nominee entirely for a full year, while vowing that a new Justice should never be seated during a Presidential election year. Republicans also changed the rules in the middle of that game as well, when they killed the filibuster for SCOTUS nominees after failing to get enough votes to pack Neil Gorsuch, Trump's first nominee, onto the Court. Over the past five years, Republicans have succeeded at completely delegitimizing the U.S. Supreme Court.
  • The GOP's already-stolen Supreme Court on Wednesday sided with Alabama's dishonest, lying, somewhat deranged, unlawfully Twitter-blocking, Republican Sec. of State John Merrill to nix curbside voting in counties that wished to use it to help keep disabled voters safe during the COVID crisis, as recommended by the CDC and approved the U.S. Dept. of Justice as a way to prevent violations of the Americans with Disabilities Act (ADA). All three remaining Democratic appointees on the Court dissented, siding with the U.S. District Court and federal appeals court which, after a three day trial, found the now-scrapped accommodation to be a "modest" and "reasonable" way to avoid a potentially fatal illness for some voters.
  • In recent days, Democratic voters in Florida and several other battleground states have been receiving threatening warnings via email, instructing them to "Vote for Trump or else!" The body of the emails, which appear to come from a Trump-supporting extremist group, cite the recipient's name and addresses and promise to "come after you" if they do not change their party affiliation to Republican and vote as instructed. Incredibly, and with zero supporting evidence, Trump's "partisan hack" Director of National Intelligence John Ratclifffe hastily convened an absurd press conference on Wednesday night to declare that Iran was actually behind the threatening emails to Democrats. He claimed they were designed to "damage President Trump". He also muttered something about Russia. But, again, no actual specifics and no actual supporting evidence for his claim that both countries accessed voter registrations systems to obtain the data (most of which is publicly available without actually hacking into election-related systems). Suffice to say, I believe absolutely nothing from this Administration at this point, about any of it, and, short of independently verifiable information, neither should you.
  • Then, we are joined by the Legal Director at Free Speech for People, RON FEIN, to explain the federal lawsuit his non-partisan good government organization filed on Wednesday on behalf of the Latino civic engagement group Mi Familia Vota Education Fund and several voters, charging that Donald Trump, Attorney General Bill Barr and Acting Sec. of Homeland Security Chad Wolf are violating federal laws against voter intimidation.

    The complaint [PDF] and accompanying request for a preliminary injunction, as Fein details, alleges defendants have exhibited a pattern of intimidation against voters that violates the Voting Rights Act of 1965, the Ku Klux Klan Act of 1871, and the First, Fifth, and Fourteenth Amendments to the U.S. Constitution.

    As FSFP explains in their announcement of the suit, the complaint is "based on the defendants’ violent suppression of public protests opposing police brutality, the encouragement of white supremacist 'vigilantes,' threats to send 'sheriffs' and other law enforcement to the polls, the undermining of mail-in voting, and the rejection of the peaceful transfer of power, which, the complaint alleges, constitute illegal voter intimidation."

    Fein offers more details on what he describes as a "threatening pattern of conduct stretching over the past few months," that has resulted in the suit. "People understand what it means when the President talks about sending law enforcement...When he tells the Proud Boys to 'stand by,' people understand what that means...This is not one piece of conduct, one isolated statement. This is a months-long pattern that the President and his top officials have been involved in, that has the purpose and effect --- hopefully not successfully --- but it certainly has that effect, of intimidating people from voting either in person or by mail."

    Explaining the relief sought by the complaint, he tells me: "First of all, we want relief prohibiting the defendants from deploying armed federal agents at or near polling places; from ordering federal agents to block the delivery of ballots or interfere in the counting of ballots; from taking any actions that could limit with the speed or reliability of mail delivery. And specifically to Trump, prohibiting him from encouraging his supporters to bring weapons to polling places, block access to polling places, to question voters, or from using official government public communications channels --- which now includes his Twitter account --- to suggest that lawful votes will be scrutinized or challenged."

    He also discusses a somewhat related federal case also filed this week by FSFP on behalf of the Minnesota chapters of the Council on American-Islamic Relations and League of Women Voters against a private mercenary contractor who has posted job listings, reported recently by the Washington Post, seeking to hire and deploy armed former special ops troops to patrol polling sites in the state.

  • Finally, Desi Doyen joins us for our latest Green News Report, with news on yet another record hurricane in an already-record season; the death of half of Australia's Great Barrier Reef and the return of the Hummer, this time as an all-electric "supertruck"...

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Guest: Author and 'REDMAP' gerrymandering expert David Daley; Also: Lawyers hate Trump; Dems to boycott Barrett vote?; Federal court allows TX to reject mail-in ballots without contacting voters...
By Brad Friedman on 10/21/2020 6:56pm PT  

There's a lot to digest on today's BradCast, so I'll try to keep this teaser brief so you can just listen. [Audio link to show is posted below summary.]

First up, it turns out lawyers really don't like Donald Trump, even the ones he actually pays millions to work for him. In Congress, Dems vow "no more business as usual" on Amy Coney Barrett's nomination, but how much are they actually able to do about it? We may be about to find out.

And, as if it wasn't difficult enough to vote safely --- or at all --- in Texas amid the pandemic (or even before the pandemic!), still more vote suppression has just been ordered there by the radical rightwing judges on the 5th U.S. Circuit Court of Appeal.

A ruling like the one they've just issued to allow mail-in ballots to be rejected based on perceived signature mismatches (as adjudicated by non-handwriting experts) without contacting voters first to allow them to cure any perceived problems, is the type of voter suppression that might have been blocked in advance by Section 5 of the Voting Rights Act before it was gutted by the GOP-majority U.S. Supreme Court in 2013, in the infamous Shelby County case.

That ruling of a piece of with Karl Rove and the GOP's "Plot for Permanent Minority Rule", as expertly detailed by our guest today, author and FairVote.org Senior Fellow DAVID DALEY in his new must-read cover story for The New Republic this month. Daley unspools the full story of how the unlikely Republican voting rights hero, Rep. James Sensenbrenner (R-WI), partnered with Rep. John Conyers (D-MI) and voting rights icon Rep. John Lewis (D-GA) in 2006 to ensure the re-authorization of the VRA in full for 25 more years. Sensenbrenner held a dozen hearings with nearly 50 witnesses as Chair of the U.S. House Judiciary Committee, in order to compile some 12,000 pages of recent, compelling evidence of racially-based voter suppression that supported the need to extend the then 40-year old landmark civil rights law.

But that was before Karl Rove's successful scheme to gain GOP control of state legislatures in 2010 after that year's Census, in order to gerrymander "democracy" within an inch of its life for the entire next decade. And it was before the Republican SCOTUS majority ignored Sensenbrenner's work on the VRA entirely --- and a bipartisan 98-0 vote in the U.S. Senate to extend the Act --- in order to gut it.

The nation has been paying a very steep price ever since. Republicans in gerrymandered districts in Congress and state legislatures no longer worry about working and compromising with Democrats. Their only concern became primary challenges from the Right. So the party moved ever farther in that direction until arriving where we are today, when the idea of fixing the now-gutted VRA has become unthinkable --- just a few short years after it was re-authorized by a Republican House, Senate and President. The scheme also allowed opportunists like Donald Trump to take advantage of the lost protections for voting rights in gerrymandered state after gerrymandered state, which continues to haunt America's hobbled democracy today.

Daley discusses how all of this came about, how --- and if --- it can be corrected, and how he was able to get so many Republicans who now regret building the "Frankenstein monster that has devoured our politics" to speak on the record about those regrets --- as regular Americans pay an unspeakable price for it all.

"This was not caused by Donald Trump. It did not start with him," Daley tells me. "The fight over the vote has been deeply entwined in this nation ever since the founding of this nation. But these battles did not start in 2016. They will not end on Election Day 2020. And there is a real, deeply embedded, [GOP] minority rule that has been built atop a system that already advantaged Republicans geographically in the U.S. Senate and the Electoral College."

"This has been baked in to our politics for a long time. It's going to take a lot of time for us to get it out. This is a Census year. This is a redistricting year. So state legislatures and the next decade of maps are on the line again," he cautions. So, please VOTE and remember to vote ALL THE WAY DOWN THE BALLOT THIS YEAR! "There are more of us than there are of them," Daley notes, "but there are more of them on the Supreme Court than us, and that's a big, big problem."

And if that sounds like a heavy show, don't worry! Mel Brooks is here at the end to help calm your anxiety --- and mine --- just a little bit...

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Also: Trump FBI Dir. confirms 2020 Russian interference; Former top Pence staffer endorses Biden; And MUCH more you need to hear...
By Brad Friedman on 9/17/2020 7:08pm PT  

As my rant near the top of today's BradCast makes clear --- there is a now mountain of madness emanating from the White House. All of it now going on at one time, as Donald Trump and the Republican Party become more desperate with each passing day before this year's election. And while the mountain of unfolding nightmarish stories I quickly cover in that rant are all terrible --- some of them horrific, in fact --- none of them matter, for the moment, as much as making sure that everyone is able to vote this safely this year and have their votes counted as cast in the November 3rd election. That is how we will keep ourselves and this republic alive, as this President and his Administration (and their party) appear to have no interest in that. I hope you'll enjoy the rant nonetheless. [Audio link to today's show follows below the summary.]

Before and after today's rant...

  • We kick off our show with the new ad from Republican Voters Against Trump, featuring Olivia Troye, a former top aide to Vice President Mike Pence as his homeland security advisor and his lead staffer on the White House Coronavirus Task Force "from day one". Troye, who left the White House in July, announced today that she is endorsing Joe Biden and explains why in the video ad that excoriates Trump for not wanting to hear about the pandemic back in February "because his biggest concern was that we were in an election year and how was this going to effect his record of success." She goes on to charge that Trump "doesn't care about anyone else but himself" and once described his supporters during a task force meeting as "disgusting people";
  • Then, a bit of testimony from Donald Trump's FBI Director Christopher Wray, in a hearing today before the U.S. House Homeland Security Committee in which the man Trump hired to replace the fired James Comey explains that Russia is currently undertaking "very active efforts...to influence our election in 2020 through what I would call more than malign foreign influence". He testified that the Russian effort underway is meant to denigrate Joe Biden;
  • But, as noted in our rant, ultimately, none of it matters unless American voters can safely vote and have their vote counted as cast. Toward that end, we have several stories of mostly good news for voting rights, beginning with the federal judge in Washington State who issued a nationwide preliminary injunction today to block what he describes as "a politically motivated attack on the efficiency of the Postal Service" before the November election. The injunction was sought in a suit filed by 14 states against the Trump Administration and the U.S. Postal Service. It seeks to block measures implemented by new Postmaster General and major Trump/RNC donor Louis DeJoy which slowed down mail delivery in advance of an election that will see record mail-in voting due to Trump's failure to control the coronavirus pandemic;
  • That is hardly the only effort underway by Trump and his party to make voting by mail more difficult this year. But we've got mostly good news to report today from the Supreme Court in the key battleground state of Pennsylvania. The high court approved the use of absentee ballot drop-boxes and is allowing ballots received by elections officials to be tallied if they arrive as late as three days after Election Day and are postmarked by November 3rd. The setback for Team Trump in the state Court's series of rulings on Thursday also included upholding a state requirement that poll watchers must live in the county where they are poll watching (while that's not optimal in most cases, it may be necessary this year to prevent the GOP from bringing in people to intimidate voters. We explain why that is.)

    In more good Keystone State news for Democrats, the state Supremes also ruled that the Green Party failed to qualify for this year's Presidential ballot. In better news for Trump and the GOP --- though not good news for voting rights advocates --- the Court denied a Democratic request for voters to be notified to come in and cure absentee ballot deficiencies --- such as missing or perceived mismatched signatures or missing secrecy envelopes --- before those ballots are rejected. Hopefully this serves as a warning to voters in PA (and everywhere else!) to follow all the rules for absentee voting carefully before mailing --- or, better yet --- dropping off ballots in person this year, where allowed. A lawsuit challenging some of the same issues has been filed by the Trump Campaign in federal court, where the Trump-appointed judge in charge of that case has put it on hold as the state cases moved forward. We'll see what that federal judge does now.

  • The embarrassing battle over absentee ballot drop-boxes continued today in the longtime battleground state of Ohio, leading the Republican Chief Justice of the state's Supreme Court to excoriate her own party for attacks they leveled against Democratic Franklin County Common Pleas Judge Richard Frye after he found in favor of Democrats earlier this week in the state suit they filed against Republican Secretary of State Frank LaRose. In that case, Frye found that state law allows Counties to deploy as many secure mail-in ballot drop-boxes as they'd like.

    Longtime "conservative stalwart" and Chief Justice Maureen O'Connor issued a blistering rebuke against state Republicans for their response to Frye's finding, calling the GOP's allegations "disgraceful" and "deceitful" and "a blatant and unfounded attack". Nonetheless, even after Frye's finding, LaRose has so far declined to lift his August directive mandating only one drop-box in each of the Buckeye State's 88 counties and has vowed to appeal Frye's ruling. That turns out to be in contradiction of what the Secretary indicated previously, when he told many people --- including a top labor official in the state (via text messages) as well as a federal judge in a parallel federal suit --- that he would be happy to change his order once a Court clarified if it was allowable under state law. But LaRose, apparently, is a liar...or a coward cowed by his own party;

  • In our final War on Voting story for today (yes, there will be many more to come in the days ahead, sadly), South Carolina's Republican Governor signed a law this week that will allow any state voter to vote by absentee ballot this year, no excuse needed, in response to the nation's still-out-of-control COVID-19 pandemic. That's good news. But the legislation adopted this week by the GOP-dominated state legislature failed to include several provisions sought by Democrats, including the use of secure drop-boxes for absentee ballots and the waiving of a requirement for a witness to sign the mail-in ballot. The changes to state election law come as incumbent Republican U.S. Senator and Trump lackey Lindsey Graham is said to be TIED in pre-election polling with Democratic challenger Jaime Harrison in the Palmetto State in what could be a stunning upset this November...if ALL voters in the state are allowed to vote and to see their votes counted as cast;
  • Finally today, in a brief respite from the War Against the War on Voting, Desi Doyen joins us for our latest Green News Report, with some of the ongoing brutal news this week in the war against our ever worsening and deadly climate crisis and those who continue to pretend it doesn't exist...even in a week like this one...

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

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Also: Courts continue to save nation on COVID dangers, voting, more...
By Brad Friedman on 8/25/2020 6:28pm PT  

I'll be brief in today's BradCast summary, because I've got to head back into Day 2 of the bizarre dystopian nightmare known as Donald Trump's Republican National Convention. We're watching it so you don't have to. You're welcome. [Audio link to full show is posted below.]

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

  • Two nightmare storms slamming the Gulf Coast in the same week as the biggest and more dangerous of the two, Hurricane Laura, is gunning for the Louisiana/Texas border, likely as a Category 3;
  • A Florida judge puts the brakes on Gov. Ron DeSantis' demand that all public schools open five days a week for in-person classes by the end of this month. He says the state's plan "disregards safety" amid a still roiling --- if slightly easing (for now) --- pandemic in the Sunshine State;
  • Highlights (low lights?) from Day 1 of the RNC, in which every speaker sounded as if their remarks were either written by the same person, or simply ripped straight off of Fox "News". As ridiculous as the evening was --- featuring enough dangerous lies about Trump's mishandling of the COVID crisis that MSNBC had to break in with a doctor for some serious fact-checking; a couple of accused felons warned Democrats will "“abolish the suburbs altogether"; a seemingly stoned Don Jr. and his seemingly insane former Fox "News" host girlfriend Kimberly Guilfoyle --- we determined that ridicule was the best was to cover it. So we called in Stephen Colbert for some assistance.
  • Good news, for now, for voters in Pennsylvania. A Trump-appointed federal judge forced the Trump Campaign to make fools of themselves by demanding they present evidence of voter fraud via secure absentee ballot drop-boxes in Pennsylvania, where they are suing to prevent the use of the convenient devices during this year's general election. The plaintiffs were unable to to present any such evidence.
  • Finally, Desi Doyen joins us for our latest Green News Report with more on the twin storms pummeling the Gulf Coast and the raging fires in California (both amid a global pandemic making evacuating shelters very tricky for social distancing), the Trump Administration puts a pause on it's approval for the controversial Pebble Mine in Alaska after Don Jr. and Fox "News" decide maybe they're against it after all, and a quick review of last week's virtual Democratic National Convention where Joe Biden and many others promised action on climate change...

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

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On safeguarding the 2020 election and worsening economic inequailty...
By Desi Doyen on 7/24/2020 3:33pm PT  

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

  • Then, Brad's conversation on 6/12/2020 with voting rights journalist and author ARI BERMAN of Mother Jones, on the fight against Republicans' new surge of voter suppression during the coronavirus pandemic and steps we can take to prevent a stolen election this November.

We'll be back soon!

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Guest: Mark Joseph Stern on new Court opinions on 'faithless electors', Obamacare and the GOP's ongoing (and now deadly) war on voting...
By Brad Friedman on 7/7/2020 6:52pm PT  

We've got a bit of a roller coaster today between good news and terrible news on today's BradCast. But that's life in the times of Trump and the coronavirus, I guess. [Audio link to full show is posted below.]

First up today, the COVID-19 crisis continues to gravely worsen in the U.S., with new record infections and hospitalizations now pretty much every day for the past month. Despite the increasingly desperate concerns expressed by health experts, especially for hotspots where Governors reopened states far too early, some Republicans from the President of the United States on down are calling for measures that will only increase infection rates, hospitalizations and, yes, death.

Florida's Education Commissioner Richard Corcoran on Monday, for example, declared that all public schools must reopen next month to all students for in-person classes five days a week. His emergency order notes that reopening schools is critical to "a return to Florida hitting its full economic stride". That, despite more than 200,000 confirmed cases and new record daily infection rates each day for weeks now in the Sunshine State.

At the same time, in Washington D.C. on Tuesday, Donald Trump held a White House event to demand the reopening of schools and to praise Florida's Governor Ron DeSantis for a "terrific job" in ordering them to open. Trump claimed that schools have been closed elsewhere for "political reasons" and added that "we are very much going to put pressure on Governors and everybody else to open the schools." This is now a death march being led by the President of the United States.

But if Republican politicians are fine sending children and their teachers and their families to their potential deaths, how do you think federal judges appointed by Trump or sympathetic to his political cause are going to react to measures being taken to try and make voting safer for Americans on November 3rd? We're joined again today by Slate's ace legal reporter MARK JOSEPH STERN to discuss Monday's opinions released by the U.S. Supreme Court, as well as a disturbing pattern of rulings at both SCOTUS and on the appellate level over the past two weeks that bodes darkly for this year's crucial Presidential election.

First, Monday's new opinions: The Court decided unanimously that states may prevent so-called "faithless electors" from casting their vote in the Electoral College for someone other than the Presidential candidate chosen by the state's popular vote. The issue stemmed from two combined cases of "faithless electors" in 2016, one of which was brought by plaintiff Michael Baca against Colorado. Baca appeared on The BradCast in December of 2016 to explain the reasons for his planned "faithless" vote in the Electoral College that year, before he was later prevented by the state from casting it.

While that opinion, written by Justice Elana Kagan received most of the media attention on Monday, another opinion handed down by the Court that day is likely of far greater import. The Court's 6 to 3 decision, with Justice Brett Kavanaugh writing for the majority in a case concerning robocalls made to cell phones, actually reveals some very encouraging news regarding a challenge to the Affordable Care Act (ACA or Obamacare) that will be heard next session by the Court. Kavanaugh's opinion, striking down one element of a robocall law as unconstitutional while upholding the rest of the law, suggests the challenge to Obamacare by GOP-controlled states and the White House --- seeking to strike down the entire health care law as unconstitutional based on the constitutionality of one single, now meaningless, provision --- is likely to fail.

As Kavanaugh crucially noted in his opinion, in words that will be remembered next year during the ACA case: "Constitutional litigation is not a game of gotcha against Congress, where litigants can ride a discrete constitutional flaw in a statute to take down the whole, otherwise constitutional statute."

"It's important to note that seven justices agreed with [Kavanaugh] on that particular point," Stern tells me. "Only Thomas and Gorsuch disagreed."

And with that seemingly very good news out of the way, we turn to a flurry of recent decisions by both SCOTUS and a number of federal appeals courts that are extremely concerning and revealing as to how right-wing controlled federal courts will be dealing with voter suppression cases and measures intended to make voting easier during the pandemic this November. Recent court rulings in cases out of Florida, Wisconsin, Alabama and Texas, as Stern explains, are very troubling indeed and suggest we could be in for no small amount of chaos, disenfranchisement and, yes, deadly disease, in this year's critical general elections.

There are more opinions to come from the Court before they are finished for the summer. Quips Stern darkly today: "We've got a handful left, and we will see if the Supreme Court breaks our democracy before the end of the term."

Finally, we close with Desi Doyen and our latest Green News Report, with a bit more news out of SCOTUS and lower federal courts, including some surprisingly very good news on several controversial oil and gas pipelines!...

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

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Also: Petulant criminal Trump begins purge of Inspectors General...
By Brad Friedman on 4/7/2020 6:41pm PT  

On today's BradCast: Reprehensible and morally unjustifiable rulings by the Republican majorities on both the Wisconsin and U.S. Supreme Courts over the past 24 hours have resulted in tens of thousands of voters forced to choose between risking their lives to cast their ballots or face voter suppression today in Wisconsin. The GOP Justices on both courts now have blood on their hands. [Audio link to show is posted below.]

WI's Democratic Lt. Governor Mandela Barnes was being overly polite when he tweeted today: "Good morning and welcome to the Shit Show! Today's episode has been produced by the Supreme Court and directed by the incomparable Speaker and Senate Majority leader duo," before adding: "Buckle up, this one's sure to disappoint!" He was being too kind in his reference to the 4 to 2 party-line vote that yesterday evening overturned an Executive Order that would have postponed today's election in the Badger State until June, as issued by Democratic Governor Tony Evers. The case which blocked that order was brought to the state Supreme Court by GOP Assembly Speaker Robin Vos and Senate Leader Scott Fitzgerald, both representing "majorities" in their respective state chambers thanks to Republican gerrymandering that prevented Democrats from controlling the state legislature despite receiving more votes than Republicans.

The state court's decision assured that WI voters faced potential death if they chose to vote in person at polling places (if they could find one open) in the middle of a deadly pandemic on Tuesday. The immoral decision was made even worse by the stolen Republican majority on the U.S. Supreme Court who, even later last night, in an unsigned 5 to 4 opinion [PDF] overturned a lower federal court judge's ruling [PDF] which had allowed 6 extra days for voters to return absentee ballots, given that tens of thousands of state voters have yet to even receive theirs due to the influx of requests amid the pandemic. Somehow, those voters are supposed to postmark or return them by today to be counted, even though many won't even receive the ballots for days after the April 7 election. It was, as Slate's Mark Joseph Stern writes, "one of the most brazen acts of voter suppression in modern history."

Thus, tens of thousands of Wisconsin voters are now certain to be disenfranchised, thanks to the repugnant rulings by every Republican on both Courts. WI voters and those who know them may consider themselves lucky if voter suppression is the ONLY thing that happens to them after being forced to stand in lines that snaked for blocks and blocks (and blocks) before being forced to crowd into consolidated polling places for lack of poll workers willing to risk their own lives. (In Milwaukee, for example, instead of 182 polling places, there were just FIVE today.)

As you might imagine, my head has been repeatedly exploding over the past 24 hours. We describe on today's show what happened on Tuesday, why the state Supreme Court decided as they did (hint: it was to and ensure Republican majority control of the same state Supreme Court which issued this horrific ruling, for as far as the eye can see), why the U.S. Supreme Court decided as they did (hint: they invoked their absurd "Purcell Principle" in order to allow voter suppression to continue across the country this fall and beyond), and what all of this now horrendously portends for upcoming elections in the 20+ states which previously postponed their primaries due to the COVID-19 crisis and for the 50 states that will be running the most critical election in our nation's history --- pandemic or no pandemic --- this November 3rd.

None of this is a good sign for free and fair elections in a supposed representative democracy. All of it brings shame and disgrace to the GOP and their followers...if they are capable of either.

Then, as if everything else wasn't already bad enough, Donald Trump is now on a tear to purge independent Inspectors General from the U.S. Government, including even long time career officials and those he appointed himself, because he's an unstable, insecure, dishonest, criminally unfit, petulant little man-baby President. We tell the stories today of the Intelligence Community IG he fired late last Friday night for having followed the rule of law in reporting the whistleblower complaint to Congress during Trump's attempt to extort Ukraine to help him win this year's election; his new threats to and blatant lies about the Health and Human Services Dept. IG who reported on Monday that the federal government bears some of the responsibility for a lack of personal protective equipment, ventilators and testing kits at hospitals across the country; and his removal on Tuesday of the longtime, well-respected career Pentagon and State Department IG who was recently elected by his peers as chair of the Council of the Inspectors General on Integrity and Efficiency as he was set to oversee the Administration's distribution of $2.2 trillion recently allocated by the emergency coronavirus relief bill enacted just over one week ago.

Finally, Desi Doyen joins us for the latest Green News Report with the brightest and best news of the day. And none of it is good either.

As the WI Lt. Governor said: Welcome to the Shit Show!...

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

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Also: Good news and bad on COVID-19; Trump says the quiet part about voter suppression out loud; and more calls from the Coronaverse...
By Brad Friedman on 3/30/2020 6:25pm PT  

On today's BradCast: We've got a boatload of news and more listener calls from the Coronaverse today, as Republicans continue to try and game this year's elections, even amid a global pandemic. (Priorities, ya know!) [Audio for today's show is posted below.]

We start with a quick review of some of the news from over the weekend, as Trump finally gave up the ghost on his idiotic threat of reopening the country on Easter (April 12), even though has no authority to reopen something that he hasn't closed in the first place. Instead, it appears he's finally heard the advice from his medical experts such as Dr. Anthony Fauci and Dr. Deborah Birx that 100,000 to 200,000 Americans will die even "if we do things almost perfectly" and shut everything down (which we haven't yet in many places, though a number of additional states, under pressure, finally issued stay-at-home orders on Monday, including Arizona, Maryland and Virginia.) So Trump has reluctantly extended "federal guidance" to call for social distancing through the end of April for now.

But, there are a few glimpses of potentially good news --- as thin as the threads may be --- coming from South Korea, Seattle and California today, if otherwise grim case numbers and death continue to increase across the country and world. That "good news" finds that yes, social distancing does appear to be working. At least for now.

All of which underscores that this is likely to go on much longer than officials are currently making clear, or have any really plans for, particularly with absolutely nobody --- nobody --- steering the ship at the national level.

And, in turn, that underscores the importance of this year's Presidential election, as if Trump's appearance on Fox "News" this morning saying the quiet parts out loud didn't already give the game away. In complaining about the $4 billion that Democrats had hoped to include for improved security for running elections during a global pandemic in last week's $2.2 trillion stimulus/corporate bailout package, Trump told Fox: "They had things, levels of voting that if you ever agreed to it you'd never have a Republican elected in this country again." Well, there ya go. He just said out loud that if everyone was allowed to vote in this country, Republicans would be in big, big trouble. He gets something right every now and again, but its usually the things that he's not supposed to be saying.

New York, with the most concentrated health emergency and most cases in the nation right now, has finally postponed its planned April 28 Presidential primary to June 23. But, as Wisconsin Republicans are cool with the state's plan to hold its election next week (April 7!), and as Georgia's Republican Sec. of State has come up with a scheme to pretend to be doing the right thing by sending absentee ballot applications to "active" voters (not all voters, just ones he deems as active), Ohio's GOP legislature and Governor aren't even trying to hide their contempt for democracy.

Despite OH's Republican Sec. of State Frank LaRose stating clearly that "No date before June 2nd is logistically possible" to hold Ohio's rescheduled primary, the Republican-controlled legislature passed a bill last week to hold it a month earlier on April 28. Moreover, LaRose's suggestion to send a postage-paid absentee ballot application to all registered voters was also ignored. Instead, the legislation --- now signed by Governor Mike DeWine --- requires the Sec. of State to send a postcard to every voter letting them know how to get an absentee application themselves (and, unconstitutionally, find postage needed to mail it back in.) Furthermore, all of that has to happen, plus ballots must get to those voters with time to send it back postmarked by April 27. Good luck Ohio voters! It wouldn't be an election year with a voting disaster in the Buckeye State! That, even after the Republican Sec. of State has already stated that plan is not "logistically possible"! In short, Ohio is demonstrating to the country how NOT to reschedule elections during a pandemic...unless your actually hope, like the President's, is to keep "levels of voting" as low as possible in hopes of helping Republicans win elections. Voting Rights groups in Ohio: Start your lawsuits!

Finally, we open up the phones to stay-at-homers to say hello and for any good news stories they may have to offer. We find a "Mad, Mad, Mad, Mad World" instead, a bit of good news, and some much less than good news. But we hope you find it to be a good show nonetheless, to help keep you company at home while become a smarter world citizen in the bargain...

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

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More states postpone primaries; WI refuses to delay April 7 vote; GA SoS up to old tricks; Jobless claims skyrocket amid coronavirus pandemic...
By Brad Friedman on 3/26/2020 6:44pm PT  

On today's BradCast: With the frantic, if justifiable, move towards Vote-by-Mail in the midst of the coronavirus pandemic, one shouldn't underestimate the GOP scheming going on right now to figure out how to make sure that their efforts at vote suppression can continue none the less. [Audio link to show follows below.]

That's especially true since broad Vote-by-Mail programs are likely to increase Democratic "turnout" in many, if not most jurisdictions. (That, even as many Democrats, for their part, are underestimating the amount of fraud that can happen with broad Vote-by-Mail programs if safeguards are not carefully instituted. Such precautions are easy, given the rushed deadlines and lack of needed funding and manpower in most jurisdictions right now.)

Our elections this year are most definitely in peril. Even as many states have now rescheduled primaries, optimistically, until June 2nd. Georgia has rescheduled its primaries for May 19 (the date which was originally scheduled to hold Kentucky's primary as well, though they have smartly pushed theirs further down the road).

Perhaps most troubling of all at the moment, Wisconsin will hold primaries and a state Supreme Court election on April 7! That just over a week and a half from today, despite the Governor having shut down all non-essential businesses and ordering residents to stay-at-home through at least April 24! Election officials in several Badger State jurisdictions are complaining they will be unable to find enough pollworkers (resulting in much longer --- and dangerous --- lines); at least one major city is suing, declaring it "functionally impossible" to carry out the election while allowing voters and pollworkers to maintain necessary social distancing; and the County Clerk in for the state's capital (in one of the most Dem-leaning counties in the state) is seeing voters threatened with legal challenges if they follow his advice to declare themselves "indefinitely confined" in order to request an absentee ballot online without uploading a Photo ID, which many seniors are finding difficulty to do.

Nonetheless, the state's Democratic Governor is allowing the April 7 elections to move forward, and the Republicans in the state legislator --- who would be needed to take action in order to postpone it or change it to an all-VBM election --- are applauding the Governor. Now why would they do that?

In Georgia, meanwhile, don't be fooled by the Republican Sec. of State's lofty, high-minded explanation for mailing an absentee application to every "active" voter in the state. While that might otherwise be a very good thing, what about all of those voters who are still registered and eligible to vote this year, even if they have been marked "inactive" by the same Secretary of State?

None of this is particularly encouraging. Though neither is the fact that a record 3.28 million Americans filed for unemployment benefits this past week, shattering the decades-old record of 695,000, with likely many more who were not able to file this past week because state websites and phone systems were overwhelmed, crashing and freezing up.

But, don't worry. Treasury Secretary Steven Mnuchin says the quintupling of the all-time weekly unemployment record is "not relevant", thanks to the emergency stimulus bill passed by the Senate 96 to 0 on Wednesday night and now waiting for passage in the House, most likely on Friday. Of course, it's not only Mnuchin misleading Americans on behalf of the Trump Administration, the New York Times did a pretty good job of it as well recently.

All of which should serve as a reminder of the importance of supporting independent local journalism, with alt-weeklies dropping like flies (with no ad revenue to support them since restaurants, theaters, concerts, and other social gatherings are mostly shut down), even as their online readership is way up during the crisis, and local, non-commercial, listener-supported radio stations also having a similarly difficult time keeping their transmitters humming during this pandemic.

We discuss all of that and more today, before closing with Desi Doyen's latest Green News Report, which, along with some good and bad news on the stimulus bill and some bad news about the Trump Administration's continuing rollback of public safety regulations even during the crisis, actually includes some bona fide good news from a federal court regarding the Standing Rock Sioux Tribe's ongoing battle against the Dakota Access Pipeline...

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

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Guest: Slate's Mark Joseph Stern; Also: Coronavirus tanking markets, wingnuts lie about it; Buttigieg 'wins' Iowa!...
By Brad Friedman on 2/28/2020 6:34pm PT  

On today's BradCast, the coronavirus continues to wreak havoc on world markets, we finally have a definitive "winner" of the Iowa Caucuses, and a raft of good news voting rights court rulings in several key battleground states! [Audio link to show follows below.]

We start with some "breaking news" today: Pete Buttigieg has won the Iowa Caucuses! Barely. And only as long as you consider the winner of the most delegates to be the "winner". Following both partial recanvassing and recounts requested by both the Bernie Sanders and Pete Buttigieg campaigns in a number of precincts on the heels of the flawed reporting of Iowa Caucus results three weeks ago, the Iowa Democratic Party has finally concluded that Buttigieg won a literal fraction more of the State Delegate Equivalents (SDEs). Buttigieg took 562.954 to Sanders' 562.021.

While both candidates actually lost a small number of SDEs during the partial recounts, Buttigieg's margin of victory (0.003%) was increased to "a commanding 0.04% win" after the recounts. That translates into 14 national delegates for the former South Bend, Indiana Mayor to Sanders' 12 out of the Hawkeye State, where the Vermont Senator nonetheless won the never-really-in-question overall popular vote by several thousand more votes in both the initial and realignment rounds of voting at the state's February 3rd caucuses.

With that finally out of the way, we offer a quick update on the havoc the coronavirus --- and the Trump Administration's bungled response to it --- is causing for world markets, with the Dow plummeting for a 7th straight day on Friday, resulting in a 3,500 point drop over the past week. It was the worst week for Wall Street since the 2008 global financial crisis and the fastest loss of four months of gains for the S&P 500 since 1928. That, as the deadly virus continues to spread and fears mount that it will result in a global recession and full blown pandemic.

In the U.S. however, rightwingers like Rush Limbaugh are using our public airwaves to "inform" Americans that the virus "is the common cold" in one breath, and seemingly contradicting that by falsely describing it as "a ChiCom laboratory experiment...being weaponized" in the next. But, despite the fact that it could result in hundreds of thousands of deaths in the U.S. (the virus is currently 20 times more fatal than the flu, which killed approximately 34,000 Americans last season), Limbaugh is using our public airwaves to propagandize listeners that Bernie Sanders and the "Democrat Party...pose a much greater threat to this country than the coronavirus does."

So, yes, we continue to keep our eyes on the most important election in the nation's history in hopes of curbing at least some of this madness. To that end, as South Carolina prepares to vote on new, !00% unverifiable, germy touchscreen voting systems across the state in their Democratic primary on Saturday, and voters in many of the 14 state primaries ending on Super Tuesday three days later do the same, we focus on a number of recent encouraging court rulings that will help protect their right to cast a vote at all.

For that, we are blessed on today's BradCast with the long-overdue return of the great Slate legal reporter MARK JOSEPH STERN! And we've got a lot to catch up with him on, from just over the past few weeks, when it comes to both state and federal courts stepping in to do the right thing in protecting voter's rights --- at least for now.

  • Recently, both a federal district court and a state Court of Appeals in North Carolina blocked the Tar Heel State GOP's new Photo ID voting restriction, finding it (once again) was designed to disproportionately target minorities for suppression.
  • In Florida, a federal Court of Appeals has blocked the Republican state legislature and Governor's attempt to gut 2018's landmark state constitutional Amendment 4, granting the right to vote to former felons who have completed their sentences.
  • In Missouri, the state's Supreme Court not only blocked a "Catch-22" Photo ID voting restriction that required those without very specific types of Photo IDs to actually commit a felony by lying on an affidavit form in order to legally cast a vote, the Court also carved out a right to vote for many trans and non-binary voters who, in MO, thanks to more bad laws, are literally barred from obtaining the requisite ID that would be needed for them to vote legally under the statute that the court has now struck down. (That, after more than a decade of GOP attempts in the Show-Me State to try and institute Photo ID voting restrictions, no matter who it would prevent from casting a legal vote.)
  • In Arizona, with its own long history of racial discrimination, a federal Court of Appeals struck down two measures adopted by state Republicans, finding both of them to have been racially motivated attempts to suppress nonwhite voters. One had mandated that provisional ballots be discarded if they were cast in a different precinct from where the voters was supposed to be voting, the other outlawed the third-party collection of absentee ballots (which Fox "News" and, therefore, all Republicans falsely denigrated as "ballot harvesting" by "illegal immigrants".)

Many of these very good news court rulings, however, could still be reversed during additional appeals, thanks to the Republican court-packing in recent years, particularly if the stolen Republican majority on the U.S. Supreme Court decides to pick and choose which decisions they will and won't apply their so-called "Purcell Principle" to, with elections imminent in all of those states.

And, we also discuss a Trump judge's recent move to prevent voters from being able to sue for their rights at all under the Voting Rights Act. So, yes, MUCH to catch up on today with Stern, who explains all of these cases and where they go from here, in his usual, clear, informative and even amusing way!

Finally, a quick program announcement after a listener comment on voter registration concerns: We will be LIVE and taking your calls both Monday and Tuesday next week, opening up the phone lines to hear from voters and early voters about any problems they may have encountered, and to answer any questions listeners may have about voting and voting systems before the Super Tuesday election polls close next week! If you don't get The BradCast LIVE where you are, please remember to tune in to the live stream at KPFK.org on Monday and Tuesday next week at 3pm PT/6p ET and give us a shout!...

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

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