Guest: Alice Ollstein of Politico; Also: Wildfires in L.A.; Newsom readies CA for Trump; Biden vows 'peaceful transition'; PA U.S. Senate seat 'flipped'?; WA voters back climate law...
Tornadoes, wet weather complicate Election Day; October one of driest in U.S. history; 'Rafael' eyes Gulf Coast; Positive climate news; PLUS: Biden builds back better ports...
From extreme drought to deadly flash flooding in Spain; Worldwide toll on health from climate change is rising; PLUS: Environmental proponents hold breath for U.S. election...
Climate and U.S. economy on the ballot; World on pace for dangerous warming; PLUS: Biden cracks down on lead paint and its serious threat to America's children...
THIS WEEK: Halloween Horrors ... Billionaire Endorsements ... 'The Best People' ... And more! In our latest collection of the week's most important toons...
Record heat, drought, wildfires in Northeast; Climate future depends on Senate majority; PLUS: Biden Admin racing election clock with climate, infrastructure funding...
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...
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'...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
We pick up on today's BradCast, somewhat near where we left off on Friday, following BuzzFeed News' blockbuster report charging that Donald Trump directed his former attorney Michael Cohen to lie to federal investigators in order to obscure their work on a project to build a Trump Tower in Moscow even as Americans were voting during the 2016 Presidential election. [Audio link to today's show is posted below.]
The explosive reported allegations that the President of the United States had suborned perjury led to calls on Friday for Trump's impeachment, only to be dampened by a very rare --- and very carefully worded --- response from Robert Mueller's office, disputing "Buzzfeed's description of specific statements to the Special Counsel's office" and the "characterization of documents and testimony obtained by this office."
My guest today, legal and national security journalist MARCY WHEELERof Emptywheel, says those words were carefully selected by Mueller's office and for a very specific reason. Given all the confusion following both the report and Mueller's unusual statement late last week --- not to mention conflicting remarks from Trump's TV lawyer Rudy Giuliani over the weekend --- Wheeler helps us try to make sense of what is now known and unknown on all of this, why Mueller's office chose to speak out in response to it, and whether or not he was encouraged to do so directly by Deputy AG Rod Rosenstein, the White House or someone else on Trump's legal team.
"Buzzfeed offered some particular details that match exactly with details that Mueller has offered," Wheeler explains, while noting that the news outlet "made a news claim that Trump had ordered this lie. What Mueller is pushing back against is a legal claim." She tells me how the two interests are different, even as they may be describing much of the same events and documentation.
Moreover, she argues, "there's abundant evidence that Trump has ordered people to lie, and that subsequent to his orders to tell lies, his people have continued to tell those lies...and that's illegal. That should be a no-brainer and the press needs to start telling that story."
Wheeler, who has long been covering all things related to the Trump/Russia probe as close --- or closer --- than virtually anybody in the nation, offers much insight today on all of the above, including details on Buzzfeed's sourcing for their report (which they continue to stand by "100%"), based on information from two unnamed "federal law enforcement officials involved in an investigation of the matter," as well as "multiple witnesses from the Trump Organization and internal company emails, text messages, and a cache of other documents."
In slightly more encouraging --- and certainly less cruel --- news from SCOTUS today, despite pleas from the Administration the Court made no announcement of plans to hear argument on any of the many ongoing lower court cases challenging Trump's reversal of the Obama-era Deferred Action for Childhood Arrivals (DACA) program. Obama's DACA order was meant to help prevent the deportation of more than a million undocumented immigrants brought here by their parents as children many years ago. Should the Court decide to hear one of the cases, it would now most likely not happen until the session that begins in October, with an opinion coming months later. Temporary protection under DACA for so-called "Dreamers" was used over the weekend as an attempted bargaining chip by Trump, as part of an offer to Democrats in exchange for the $5.7 billion he has demanded for a border wall, leading to the longest (and still ongoing) federal government shutdown in U.S. history.
And, finally today, Desi Doyen joins us for the latest Green News Report, with news on the tragic pipeline explosion in Mexico over the weekend, toxic coal ash groundwater contamination discovered in 22 states, and how the government shutdown is setting the table for a dangerous wildfire season, even as its temporarily protecting aquatic wildlife from seismic testing during offshore drilling exploration in the Atlantic...
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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Trump paid Cohen to rig online polling; Giuliani moves the Russia goal posts (again); President throws tantrum at Pelosi; Government shutdown taking toll; And why Ocasio-Cortez is joyfully freaking out the GOP...
The federal government continue to spiral towards utter dysfunction under a President on the precipice of (take your pick). But one freshman Congresswoman provides a bit of a light at the end of the Trump tunnel. [Audio link to today's complete BradCast is posted below.]
Among the stories covered on today's program...
Donald Trump's former personal lawyer Michael Cohen admits he paid a guy from Jerry Falwell Jr.'s Liberty University to rig online polls for Trump before he announced his candidacy in 2015. That, as Cohen is reportedly reconsidering his decision to testify to Congress next month in advance of his three year prison sentence, due to threats (witness tampering? intimidation?) by the President against him and his family. Trump failed to report the $50,000 payoff to rig polls to the FEC, which is yet another potential federal felony and/or article of impeachment for the sitting President. While the story should surprise no one at this point (remember, he also paid extras to cheer him on while announcing his candidacy at Trump Tower that year), its somehow still stunning and disturbing as yet another indication of just what Trump was likely willing to do, at any cost, to win in 2016;
Speaking of what Trump and his campaign were willing to do, his new personal lawyer, Rudy Giuliani, may have broken the Internet after his appearance on CNN Wednesday night, in which he moved the "collusion" goal posts by falsely claiming that neither he nor the President ever claimed his campaign --- if not Trump himself --- "colluded" with Russia. In fact, contrary to Giuliani's ridiculous assertions, both men claimed repeatedly that nobody on the Trump Campaign was involved in such an activity. As of Wednesday night, it seems, Trump's lawyer is officially backing off that claim on behalf of the President...for some reason;
Reverberations and consequences of Trump's nearly-month long federal government shutdown continue. As House Speaker Nancy Pelosi and a Congressional delegation were preparing to leave today for a secret trip to visit U.S. troops in Afghanistan, Trump, in retribution for Pelosi's threat to postpone his scheduled State of the Union Address during the shutdown, rescinded permission for the use of a military plane set to take Pelosi and the others on the overseas trip. You'll also be shocked to hear he lied about it all too;
Meanwhile, as more Congressional Republicans --- and even a top former Administration official --- are questioning the wisdom of shutting down the federal government over Trump's demand for $5.7 billion to begin building his southern border wall, senior citizens and people with disabilities are facing the threat of potential eviction in HUD and USDA subsidized housing across the country;
At the same time, the Administration is calling some 50,000 furloughed federal employees back to work without pay at agencies such as the FDA, FAA, and at the IRS as tax season begins;
But, speaking of taxes, there is a reason that Republicans are freaking out --- and lying --- about the recent proposal floated by Rep. Alexandria Ocasio-Cortez (D-NY) to raise the nation's top tax bracket to 70% on those earning more than $10 million: the proposal is wildly popular --- by double-digit margins --- across virtually every demographic and every area of the country. Thus, folks like Wisconsin's failed former GOP Gov. Scott Walker was out bragging on social media this week about lying to school children about how AOC's proposal would actually work, who would and wouldn't be affected by it, and by how much;
Finally, Desi Doyen joins us for the latest Green News Report, as Dems grill the Administration's new nominee/coal lobbyists tapped to head an Environmental Protection Agency (EPA) where pollution prosecutions have plummeted since Trump took office, while Australia faces yet another record heat wave, and as the business world slowly begins waking up to the mounting threat of climate change...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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On today's BradCast: Some good news and bad for voters in New Hampshire and Georgia. Bad news for breathers. And Donald Trump has the worst. Attorney. Ever. [Audio link to show follows below.]
Among the many stories we cover on today show...
A federal court has struck down New Hampshire's law that allowed local election workers, without expertise in hand-writing analysis, to toss absentee ballots, essentially, due to bad penmanship. The law had allowed officials to disenfranchise voters --- without notice or time to cure the problem --- if they judged a signature on an absentee ballot does not match closely enough with the signature on the voter's absentee ballot application form. We discuss the story of one of the plaintiffs in the case, 94-year old, legally blind Mary Saucedo, whose 2016 Presidential election ballot was tossed, without her knowledge, until she was contacted by the ACLU months after the election. This is a problem with absentee vote-by-mail ballots in many states. The good news is, it may stop in NH, at least.
A two-person county election board in Randolph County, Georgia will vote this Friday on a scheme to close 7 of 9 precincts for this November's crucial midterm elections in the rural, poor, predominantly African-American county. There is no public transportation in most of the county, where many do not own cars. The closures would result in some voters needing to walk three and a half hours to cast their votes, the ACLU of Georgia argues. Voter registration at one of precincts to be shuttered is 97 percent black. That, in a year when Georgia could elect the nation's first African-American female governor, Democratic nominee Stacey Abrams.
The blistering summer of record heat, fire, flooding and related deadly disasters continues around the globe. Monsoon rains have, so far, killed hundreds and dislocated more than 800,000 in the southern Indian state of Kerala. That story underscores, yet again, the horrible if expected news that...
The Trump Administration is set to announce a plan this week which would roll back President Obama's "Clean Power Plan" which would have, in accordance with the Paris Climate Agreement, greatly curbed carbon dioxide and other deadly emissions from coal-fired power plants. The Trump EPA scheme would allow states to devise their own plans for emissions reductions at coal plants. Where Trump's plan would result in the equivalent of 2 to 5 million cars being taken off the road, Obama's would have removed the equivalent of 75 million vehicles and more than 265 million metric tons of CO2 from the atmosphere. The reduction of carcinogens that cause diseases such as asthma and lung cancer in the Obama plan similarly dwarfs the toxins expected to be reduced by Trump's plan, which the dying (and deadly) coal industry is applauding today.
Finally, Rudy Giuliani may be the worst lawyer ever. And his client, the President of the United States, deserves him. We discuss Giuliani's already-infamous "truth isn't truth" statement on NBC's 'Meet the Press' on Sunday, and what the documented truth actually is, regarding the Trump Campaign's 2016 Trump Tower meeting with a Russian government-allied attorney said to have been promising dirt on Hillary Clinton that year. Giuliani's gob-smacking admissions that Team Trump committed a crime in 2016 by meeting with the Russian attorney "for the purpose of getting information about...Clinton" --- along with his evidence-defying claim that "she didn't represent the Russian government" and that Team Trump may not have known "that she was Russian at the time" --- will certainly be of note to Special Counsel Robert Mueller's probe into the alleged conspiracy to manipulate the 2016 Presidential election...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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On today's BradCast: Desi and I are back today. (Our thanks to Angie Coiro of In Deep Radio for filling in over the last couple of shows!) And we've got a lot to catch up on today --- including the fact that the crucial midterm elections are now less than 100 days away, and the paper ballots and other materials from the 2016 Presidential election may be destroyed entirely in just over one month, with nobody, to this day, actually knowing for certain who actually won it. [Audio link to show follows below.]
But, first up today, for some reason Donald Trump's lousy personal attorney, Rudy Giuliani, has spent the last few days seemingly making things much worse for his client. Most notably, in addition to suggesting that Trump may have known in advance about the infamous June 2016 Trump Tower meeting between his son, son-in-law, campaign chair Paul Manafort and a team of Russians promising "dirt" on Hillary Clinton, both Giuliani and Trump have now extended their ubiquitous claims of "no collusion" to become "no collusion, but even if there was collusion, that's not illegal."
They are both wrong, however, as we explain today. Collusion --- better known as "conspiracy", in this alleged case, with a foreign power working to influence the 2016 U.S. Presidential election --- would most certainly be unlawful. But why the sudden media offensive by Team Trump on this point, just before the first of two federal trials for Manafort was scheduled to begin today? We discuss.
Then, just over than three months from the crucial 2018 midterm general election, U.S. computerized voting and tabulation systems remain wildly unsecured and virtually impossible for the public to oversee (for the most part) in order to confirm that computer-reported results actually reflect the will of the voters. Today, better late than never, I guess, the Dept. of Homeland Security announced a new cybersecurity task force to help protect against attacks on critical infrastructure such as the power grid, our banking systems and, yes, the election system. But, in announcing the new effort, DHS once again misled the American people by suggesting that no votes were manipulated in the 2016 election. In truth, that point that remains unknown since, as DHS admitted last year, they never actually conducted forensic analyses of voting and tabulation systems --- nor even bothered to count existing hand-marked paper ballots --- to determine if the most startling election result in U.S. history was, in fact, manipulated or accurate.
Moreover, the ballots in question from 2016 (where such hand-marked paper actually exists) may be destroyed as early as September, after the 22-month federal requirement for retention of all election materials --- such as ballots and ballot programming code, etc. --- expires. We call today on citizens and legal organizations --- and the media --- today to file public records request to examine those ballots and/or at least ensure they are retained beyond the September expiry date, since almost none of the ballots cast in 2016 have ever been examined by human beings to determine if they were accurately tallied.
That is true in all 50 states. But nowhere in the U.S. is it more difficult to oversee the accuracy of election results than in Georgia, where Republican Secretary of State Brian Kemp reportedly won his GOP primary runoff for the gubernatorial nomination last week against Lt. Gov. Casey Cagle. As the Atlanta Journal Constitution describes, based on a new study, Cagle's failure to defeat Kemp in the runoff election, after easily placing first in the state's May primary, was the most dramatic runoff collapse in Georgia political history. And the paper doesn't note, though we do, that it was all done on the state's 100% unverifiable Diebold touchscreen voting systems "overseen" by Kemp himself.
Today we're joined by longtime Republican election integrity advocate MARILYN MARKS, Executive Director of the Coalition for Good Governance, to discuss all of the above and, specifically, her group's ongoing lawsuit against Georgia. The complaint demands the state dump their 15-year old, easily manipulated, unverifiable electronic vote-casting system before November, in favor of the state's existing hand-marked paper ballot system long used for absentee voting.
Marks tells me how this can easily be done in time for this year's general election (and in other states as well!), how SoS Kemp has been lying about state law in order to avoid such a switch, and whether or not we have learned any more, since last year, about the mysterious wipe of the state's long-vulnerable election server (and its backup) just days after her lawsuit was originally filed last summer.
On destroying the 2016 ballots, Marks joins our call for folks to file FOIA requests to keep the ballots from being destroyed: "I fear that many election officials in those swing states, that they are standing there over their records with a can of kerosene in one hand and a book of matches in other, just waiting for a month from now. ... People need to understand that there is no requirement that the records be destroyed after 22 months. That is up to each election official in each county. They can retain them as long as they want. They can't destroy them before 22 months, although I fear some of them have. But even if local citizens can convince their election official not to destroy them, even that is progress."
On the claim by the Trump Administration that results were not manipulated in 2016: "I have never have any confidence in that. That's not to say that I believe that voters were changed, but I don't have any belief one way or the other because there is no evidence. How do these people make this claim when no one has looked, and no one has any evidence one way or the other?"
On what citizens can do in locations where voters are forced to vote on unverifiable touch-screen systems: "Go now --- I mean NOW --- to your local election boards, local board of county commissioners, and demand paper ballots. Because they can get it!"
Much more, must-listen thoughts in our conversation today!
Finally today, the Koch Brothers' Republican political network --- which has spent hundreds of millions each election cycle over the past decade or more, supporting GOP candidates and attacking Democrats --- say they're now having second thoughts about Donald Trump and his toady Republicans in Congress. We explain why you shouldn't believe their crocodile tears of disappointment for a second...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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On today's BradCast: The nation appears to be lurching ever closer to a full-blown Constitutional Crisis, as Trump and his team offer a series of extraordinary and largely unprecedented (save for Nixon) claims in support of sweeping Presidential powers, over the past few days, which would place the Executive completely above the rule of law. [Audio link to show is posted below.]
Over the weekend, Team Trump was once again on the offensive in the media, following the disclosure of a 20-page letter sent by Trump's attorneys to Special Counsel Robert Mueller in January, wherein they argued, among other things, that Presidents cannot legally be subpoenaed to appear before a grand jury, cannot be guilty of obstruction of justice, since they have unfettered power over all Dept. of Justice investigations, cannot be indicted while serving, and have absolute power to pardon anybody for any crime at any time for any reason.
Moreover, on Monday, Trump took to Twitter to charge that the Mueller probe is, itself "totally UNCONSTITUTIONAL" (his caps) and that he has "the absolute right to PARDON" himself. Many constitutional law experts disagree with many of those points.
In response, author, blogger, Slate contributor and Fordham University School of Law legal historianJED SHUGERMAN joins us on today's show to offer historical, legal, and Constitutional points of clarity and precedent on the power and scope of Presidential pardons, subpoenas, indictments and the expansive interpretation of those powers that Trump and his attorneys have been proffering in recent days.
Among the historically relevant cases and precedents referenced by Shugerman today: United States v. Richard Nixon, Bill Clinton v. Paula Jones, and even the more recent case of Rod Blagojevich, who, Trump recently said, he was considering pardoning after the disgraced Illinois Governor was convicted for trying to sell off the vacant U.S. Senate seat left by Barack Obama when he became President. "It's no accident that Trump is talking about pardoning [Blagojevich]," argues Shugerman, detailing how Trump sees him as unfairly convicted for simply using his constitutional powers, "even with a bribe, because that's just politics as normal. It's an incredibly cynical move."
"Just because the Constitution gives someone the power to do something, it doesn't mean they can use it for whatever purpose they want," he tells me. "Even if you have five good reasons for doing something, but one illegal reason, that illegal reason still makes it illegal."
"The Constitution says 'the President shall take care that the laws be faithfully executed'," Shugerman notes, while explaining why many of the current arguments being made by Team Trump may work effectively for propaganda purposes, but appear to have little legal basis or precedent, particularly while describing that a President would be acting "faithlessly" by pardoning himself. But, even if that happens, he says, he is confident (more so than I) that state prosecutors who are unbound by federal pardons, will pick up the prosecutorial ball against Trump and his cohorts.
[Update 6/5/2018: Shugerman and more than a dozen other distinguished constitutional law experts outline their case against Trump's expansive pardon powers claim in a letter to Trump's Whitehouse attorneys now posted here.]
Shugerman also describes the "bombshell" disclosure from that newly revealed letter from Trump's lawyers, in their admission that the President "dictated" the false written response from Don Jr. after the disclosure of the infamous June 2016 Trump Tower meeting with Russian nationals to receive "dirt" on Hillary Clinton.
Also on today's show...
Republican House Majority Leader Rep. Kevin McCarthy --- believed to be the front-runner to become the next Speaker of the House if the GOP maintains control of the chamber this November --- refused to respond to CNN's on-air questions over the weekend about the Trump attorneys' concession that they and the White House had lied to the public about the infamous 2016 Trump Tower meeting;
Despite his continuing lies and chaotic presidency, Trump remains wildly popular among Republicans, according to Gallup. As of his 500th day in office, he enjoys a higher "own party" approval rating than any other President since WWII, other than George W. Bush (following 9/11), at a similar point in their presidencies;
The U.S. Supreme Court allows a baker in Colorado to discriminate against a gay couple. (More on this tomorrow.)
Corporate CEOs are now admitting out loud that, despite record profits, a theoretically booming economy and huge recent tax cuts, they have no intention of raising pay for workers;
And, on the day before 2018 mid-term primary elections are held in eight states tomorrow, an Election Integrity author rings in to remind us that Russia isn't the only threat to vulnerable, easily-manipulated computerized election results in the U.S. --- not by a long shot...
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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Officials still underestimating election threats; MO GOP lawmakers move to impeach GOP Governor; Even Fox 'News' discovers Trump is wildly corrupt; Disasters in Hawaii and Louisiana...
On today's BradCast: Another reminder that the nation's elections officials remain woefully unprepared for and under-informed about threats to this year's crucial mid-term elections, and clear examples of where our governmental institutions currently work to combat blatant corruption by top officials (Missouri) and where they don't (D.C.).
First up, an election night cyberattack in Knox County, Tennessee's local primaries on Tuesday should have officials there (and elsewhere) far more concerned than they appear to be. We discuss why this latest attack echoes similar incidents we've seen previously (including at the end of election night during the 2004 Presidential election in Ohio), why such attacks are likely to become more frequent, and how election and cyber-security officials continue to woefully underestimate and misunderstand the very real dangers to our elections when they (falsely) tell the public, as they are doing in Knox County this week, that their computerized voting, registration and tabulation systems are "never connected to the Internet, so can't be hacked." They are wrong.
Next, Missouri's Republican governor Eric Greitens is now facing three different felony charges, two separate court trials, and the GOP-majority state legislature has now overwhelmingly decided to call a special session to consider impeachment. Greitens maintains his innocence in both a sexual blackmail scandal and campaign finance scandal. We explain why the extraordinary historical moment --- despite the Show-Me State's Governor refusal to resign, echoing Donald Trump in calling the well-documented evidence against him the result of a "witch hunt" by prosecutors (and his own party?) --- is actually, at least so far, an example of how the system is supposed to work.
Contrast that to the quickly devolving mess in D.C. today, where Republicans in the House and Senate who ought to be demanding accountability from a corrupt President, are looking the other way and/or undermining prosecutors, and where prosecutors seem to (falsely) suggest they cannot indict a sitting President, no matter the evidence of serious crimes. That, even as whatever credibility this Administration may have once had, has now disintegrated so much amidst Trump's latest flip-flops on a number of scandals, that even one top Fox "News" anchor unloaded on the President on Thursday, with an astonishing smack down of Trump lies, which ends: "I guess you’re too busy draining the swamp to ever stop and smell the stink you’re creating. That’s your stink. Mr. President, that’s your swamp." When you've lost Neil Cavuto...
Finally, Desi Doyen joins us with an update on the evacuations, earthquakes and new eruptions near Hawaii's Kilauea volcano and on the state's recent deluge (50 inches in 24 hours!) of global warming-related rain. As well as another explosion, massive fire and evacuations --- the third within the past month --- at a fossil fuel-related processing plant, this time in Louisiana...
PROGRAMMING NOTE: Desi and I are standing down for a much-needed week off, but In Deep Radio's Angie Coiro will be filling in for us on The BradCast next week! Be nice to her! And please click here to help us fill up our Prius tank! Thanks!
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On today's BradCast: Rudy Giuliani works his magic as he settles in as the newest attorney on Donald Trump's personal legal defense team --- and it appears to have exploded spectacularly. And Ohio's Sec. of State and two largest counties are slapped with an election transparency lawsuit just days before next Tuesday's primary in the Buckeye State. [Audio link to show is posted below.]
First up: On Wednesday night, the former NYC Mayor stunned Sean Hannity of Fox "News" when he told him on air that Trump reimbursed his embattled "fixer" and personal lawyer Michael Cohen for the $130,000 in hush money paid to Stormy Daniels just days before the 2016 Presidential election. The payment, which Trump had long denied making himself, was meant to cover up an alleged affair Trump had with the porn star. Then, on Thursday morning, Giuliani dug the hole deeper by making clear, once again on Fox "News", that the payment was meant to protect Trump's candidacy.
All of which means that Trump is likely in even more --- and perhaps even criminal --- trouble, regarding serious campaign finance violations which Giuliani seems to have thought he was helping Trump avoid. We discuss and try to clarify the President's newly revealed legal peril on that front today, even as Trump (or his attorneys) took to Twitter to reverse his own previous denials by admitting that he did, in fact, reimburse Cohen for the payments to Daniels.
As Politico's Jack Shafer wryly tweeted today: "Having Giuliani in the mix is almost like having a second Trump."
Then, as we try to stay focused amidst all the noise, we're joined by election transparency expert JOHN BRAKEY and longtime election attorney CHRIS SAUTTER, both of Americans United for Democracy, Integrity and Transparency in Elections (AUDIT USA) about their lawsuit just filed in Ohio in advance of the state's 2018 mid-term primary next Tuesday.
The suit echoes a similar one filed last December in Alabama before that state's much-watched U.S. Senate Special Election between Democrat Doug Jones and Republican Roy Moore. (That suit was successful in a lower court, before the state's woeful Sec. of State John Merrill convinced their Supreme Court to stay the ruling at the last minute.) The new complaint seeks to force Ohio's Secretary of State Jon Husted and its two most-populous counties, Cuyahoga (Cleveland) and Franklin (Columbus), to retain digital ballot images created by the counties' computer scanners as hand-marked paper ballots are initially scanned during tabulation.
Those images, as Brakey explains, allow the public to safely examine the accuracy of election results without disturbing the original paper ballots and, according to Sautter (and several court rulings in other states), complies with federal election law requiring the retention of all election materials for 22 months after federal elections.
The pair detail why preventing the destruction of the images in question is at the center of the multi-partisan suit filed in Ohio, and why they plan to continue pressing election officials in Ohio and in many other states and counties around the country to ensure that digital ballot scanners are set to retain all such images for public oversight after Election Day.
Finally, Desi Doyen joins us for the latest Green News Report with still more bad news for corrupt EPA chief Scott Pruitt and for the planet itself, but also with a bit of good news for NYC, Hawaii, and even one of China's major cities...
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Several stories --- pretty much all of them --- on today's BradCast, serve as trenchant reminders of the importance of elections, particularly with majority control of the U.S. Senate now hanging in the balance in this November's mid-terms. [Audio link to show follows below.]
Among the stories both covered and elucidated upon today...
Former prosecutor and New York City Mayor Rudy Giuliani joins Donald Trump's legal defense team hoping to "negotiate an end" to Special Counsel Robert Mueller's probe into Team Trump;
After a months-long struggle on Thursday, the U.S. Senate barely managed to confirm the wholly unqualified Rep. Jim Bridenstine (R-OK, pictured above), a long-time, wildly partisan, non-scientist climate science denier to head NASA, the $20 billion federal agency which, among other things, tracks key climate change-related data for the world;
Vulnerable Democratic U.S. Senator Heidi Heitkamp of North Dakota announces she will vote in favor of Trump's nominee for Secretary of State, CIA Director Mike Pompeo (also a climate denier), seemingly all but assuring Pompeo's otherwise still-troubled confirmation process;
GOP "voter fraud" fraudster, Kansas Sec. of State and gubernatorial candidate Kris Kobach is held in contempt of federal court for a second time, receiving an humiliating drubbing from a George W. Bush-appointed federal judge for repeatedly and "disingenuously" misleading the court in a major voter suppression case in the state, affecting tens of thousands of voters;
The Republican-controlled state legislature in Arizona attempts a sneaky maneuver to try and prevent voters from filling a vacated U.S. Senate seat for as long as two and a half years, should one occur, as Sen. John McCain battles brain cancer. (They now appear to be backing off the scheme.);
And, in Texas, a new poll finds Rep. Beto O'Rourke, the Democratic challenger to Republican Senator Ted Cruz, now within the poll's margin of error to unseat Cruz in what had previously been the very "red" Lone Star State;
Finally, Desi Doyen joins us for the latest Green News Report as power was knocked out again across the entire island of Puerto Rico, more climate liability suits are filed against two more oil companies and the state of Florida, and the world prepares for Earth Day this weekend, with a focus on fighting the pollution scourge of plastic...
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Guest: Constitutional expert Ian Millhiser; Also: Senate vows ObamaCare repeal vote; Dems unveil 2018 plan, put 'single-payer on the table'; Healthcare fight moves U.S. to the left; Impeachment getting popular...
On today's BradCast, the turmoil continues in the Senate over the GOP undead attempt to repeal health care for millions, and in the White House where Team Trump faces the ongoing investigations of the Dept. of Justice's Special Counsel. [Audio link to complete show follows at end of article.]
A new analysis out late Friday from the U.S. Senate Parliamentarian suggests that a number of provisions in the GOP's scheme to repeal and replace ObamaCare may not pass muster under Senate rules for passage under 'budget reconciliation' with just a 51 vote majority. Instead, 60 votes may be needed, in which case, the scheme may be in even more trouble than it already appears. Or, Senate Republicans could simply try to kill the legislative filibuster instead. Either way, Majority Leader Mitch McConnell is promising a vote to proceed on Tuesday, even though it remains unclear exactly what Senators will be voting on.
At the same time, Democrats are unveiling their own scheme ("A Better Deal") to try and win back voters in 2018. Comments over the weekend from Democratic Senate Minority Leader Chuck Schumer suggest that the passionate advocacy from progressives for a "Medicare-for-all" style system (single payer) or, at least a public option for health care insurance, may finally be moving the party establishment.
Meanwhile, Donald Trump continues publicly attacking his own Attorney General Jeff Sessions and talking about Presidential pardon powers for some reason. But some of those powers, contrary to conventional wisdom, may not be as absolute as he and others have argued, including the power to pardon himself. We're joined by author and Constitutional law expert IAN MILLHISER, Senior Editor of ThinkProgress Justice, to discuss legal assessments from the Nixon era though the Clinton era through now, in regards the power of the Presidential pardon, and the dangers that power could present for Donald Trump himself if he chooses to exercise it for some of his close aides and family members.
Among the man related questions and "myths" discussed: What dangers lurk for the President from those he may pardon? Can the President really pardon himself? Can a sitting President be criminally indicted?
But, of course, much remains unknown when it comes to the various extraordinary ways we are discussing the power of the Presidential pardon, of late, because the U.S. Supreme Court has not rung in on most of it. That's because, as Millhiser notes, "most Presidents don't commit federal offenses when they're in office."
"Here's what this really comes down to: Everyone has assumed that the President would be capable of shame. I'm dead serious about that. Why did Nixon resign? He resigned because he was capable of shame," Millhiser argues. "Everyone assumes that if the President somehow was not capable of shame, then the Congress would be capable of shaming him. When you go back and you read James Madison or Alexander Hamilton, they did not understand the inevitability of political parties," Millhiser argues. "So the Constitution was written on this assumption that you've got all these ambitious people in Congress...and so if you've got a rogue President, they'll all band together to throw that President out because it's good for their careers. They did not understand that, in 2017, we would have the kind of extraordinary partisanship we have right now, where you have a President who is incapable of shame, and you have Congress controlled by the President's party, which is unwilling to do anything to undermine its party's President. Our Constitution is not fit for this set of circumstances."
Finally today, in related matters, the public is much more in favor of impeachment now than they were at the start of the Watergate scandal, four years and six months into Richard Nixon's term as President. And, speaking of public interests, it appears the GOP attempt to undermine ObamaCare has resulted in many more Americans believing the federal government has a responsibility to ensure health care coverage for all...
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On today's BradCast, Trump took a serious thumping from a federal appeals court this week, but his other Executive Orders on immigration move forward nonetheless, resulting, for a start, in the heart-breaking deportation of an undocumented married mother of two young U.S. born children on Thursday. [Link to full audio posted below.]
Today we cover both Trump's embarassingsmack-down by the 9th U.S. Circuit Court of Appeals late yesterday, and the real life effect of his extreme immigration policies. For the latter, we are joined by Maria Castro, a 23-year old organizer with People United for Justice. She was was arrested in Phoenix this week along with other supporters of 36-year old Guadalupe Garcia de Rayos, who was deported to Mexico on Thursday, after coming to the U.S. when she was 14 years old.
Castro, an American-born citizen, describes how she and her family find themselves in a similar situation with her own undocumented immigrant mother who originally came here 24 years ago on a legal visa, but is now at risk of deportation. She discusses her arrest and efforts to help Garcia de Rayos who had been dutifully meeting with officials from the federal Immigration and Customs Enforcement (ICE) agency every six months since her 2008 arrest during a raid at her workplace in Mesa, Arizona. Garcia de Rayos she was convicted of a 6th-degree felony for using a fraudulent Social Security number so she could work (and pay into benefits that she would likely never receive back.)
During our conversation, Castro, who successfully worked to defeat controversial Maricopa County (Phoenix) Sheriff Joe Arpaio last November, describes the mixed feelings of the community as he lost while Trump won. We also discuss the mood in the community among those now threatened by Trump's policies, how they plan to fight it (along with your support), and her criticism of Phoenix Mayor Greg Stanton, who has been outspoken against the Garcia de Rayos deportation, even while, Castro charges, helping to facilitate it in a number of ways.
"My mother is undocumented," Castro tells me, adding that even a jay-walking ticket could now result in her being sent away. "Anything could happen. Any type of interaction with law enforcement could lead to her deportation. She was deported (over a decade ago) and she fought her way back to us. I was 12 years old and my little sister was in kindergarten. We needed our mom, and she made it happen."
As to going public with her name on the record, she tells me: "I have faith in my community and in the resistance, and the work that we do. I feel that the more I lean on my community, the more people I have to support me, the better. For us, for me, what we need to do as a community and community organizers, is we need to start to come together. We can no longer sit in our homes and watch TV and share things on Facebook."
I hope you'll tune in for today's interview. I think it's important to hear.
Finally, in the middle of the night last night (2:30am), Republicans in the U.S. Senate, on a party-line vote, confirmed Rep. Tom Price (R-GA), Trump's nominee to head Health and Human Services, despite a long list of corruption allegations concerning insider stock trading and more, and racists across the country celebrated the confirmation this week of new U.S. Attorney General Jeff Sessions.
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Today on The BradCast: While the corporate media continues to amplify Trump's BS, we do our best to counter it with actual, independently verifiable facts. Yes, it is possible. [Audio to full show linked below.]
Fact-checks on today's program include long-disproven and yet still-repeated nonsense from Trump's 'major speech on national security and terrorism' in Ohio on Monday --- (You knew it wasn't going to go well when it started with former NYC Mayor Rudy Giuliani claiming that in the "eight years before Obama came along, we didn’t have any successful radical Islamic terrorist attacks in the United States".) --- and on Trump's wildly misleading claims about 'voter fraud' in Pennsylvania on Friday.
Trump's latest lie concerning voters voting multiple times "in certain areas" in Pennsylvania (they don't) and about the 59 precincts in Philadelphia where Romney received zero votes in 2012 (he did, as we reported at the time, finding it to be neither surprising nor "fraudulent") have all been debunked long ago. But, as he and other desperate Republicans repeat the same bullshit, as he keeps sinking in the polls, we're happy to revisit the facts once again so you can check 'em for yourself.
As to the GOP Presidential nominee's new scheme to combat that 'voter fraud' in PA with police officers and citizens observers, he may be calling for something that is a violation of a long-standing, federal court-approved, 1983 consent decree, signed by the Republican National Committee after a similar voter intimidation scheme was carried out by the GOP in minority areas of New Jersey. We explain.
Also on today's program: Very important news from over the weekend that has not received the coverage it deserves. From the two Muslim clerics gunned-down execution style in broad daylight in Trump's hometown of Queens, NY on Saturday, to the devastating and growing cost of climate change as 20,000 residents of Louisiana were rescued amid record rain and flooding ("close to two feet over a 48-hour period") and 4,000 were evacuated as hundreds of homes were destroyed (for the second year in a row) amid wildfires in just one small, rural county in bone-dry California.
Finally on today's BradCast: the Rightwing talk radio host who may have finally realized what he and his fellow propagandists have done. "There's got to be a reckoning on all this," he said this weekend. "We've created this monster."
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On today's BradCast: Day One of Donald Trump's Republican National Convention in Cleveland was insane. But it was all going well enough until it became apparent late on Monday night that portions of Melania Trump's headliner speech was plagiarized directly from Michelle Obama's 2008 Democratic convention speech.
Incredibly, the man who made 'You're fired!' a catch phrase can't seem to muster up the ability to hold anyone in his own campaign accountable for it. As such, the oratorical fraud and, more importantly, how its being handled (and denied) by Team Trump, offers a stark warning to voters as to how a Trump Presidency might handle the actual serious issues and difficult decisions that need to be made.
Or, at least, it should.
Speaking of warnings, new national polling remains tight between Trump and Hillary Clinton, who continues losing ground in several of them. That, as several new cases and disturbing allegations of voter registration fraud by Republican election insiders in a number of states, along with some very troubling news from the U.S. Dept. of Justice concerning their plans to no longer send observers to polling places in certain jurisdictions with a history of racial discrimination, should serve as yet another stark warning for American voters...
But will it?
All of that and Desi Doyen with today's Green News Report on the latest BradCast...
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Yesterday, we learned that when he was mayor of New York, Rudolph Giuliani allegedly played a shell game to hide from taxpayers --- and his scornful wife --- the cost of dragging his security details along when he traveled out to Long Island to visit his then-girlfriend, Judith Nathan. Now comes news that he assigned a car and driver from the NYPD to Nathan during their affair:
Well before it was publicly known he was seeing her, then-married New York Mayor Rudy Giuliani provided a police driver and city car for his mistress Judith Nathan, former senior city officials tell the Blotter on ABCNews.com.
"She used the [police department] as her personal taxi service," said one former city official who worked for Giuliani.
The former city officials said Giuliani expanded the budget for his security detail at the time. Politico.com reported yesterday that many of the security expenses were initially billed to obscure city agencies, effectively hiding them from oversight.
Last December, Alan G. Hevesi, the New York State Comptroller, pleaded guilty to defrauding the government and resigned his position after it was revealed that he had detailed a state employee to attend his wife, who was an invalid:
Mr. Hevesi, the state’s top fiscal watchdog, told the court in a hoarse voice that one of the state workers he had assigned as a driver for his wife, Carol, had done much more than provide security for her. Prosecutors filed court papers revealing that the worker had also watered her plants, driven her to Bloomingdale’s and dropped off her dry cleaning.
In addition to pleading guilty to a felony, Hevesi paid a fine of $5,000 and reimbursed the state for $206,000.
No word as of yet whether New York's Democratic governor, Eliot Spitzer, will look into allegations that Giuliani used public employees to carry out personal services for him and his girlfriend.
Effort to Get Initiative on the Ballot Was Momentarily Derailed Last Month When It Was Revealed That Its Sole Financial Backer Was a Rudy Campaign Chair, But It's Now Back on Target...
Fundraising is down dramatically nationwide for the Republican Party, but things are especially bad here in California, where the state GOP is in such dire straits that its ability to compete in both state and federal races could be affected.
But while the state party is cutting programs and considering layoffs, hundreds of thousands of dollars are flowing in from out-of-state fatcat supporters of Rudy Giuliani --- funds the state GOP can't touch because they are earmarked specifically to promote a ballot initiative that would, if passed, give Rudy (i.e., the Republican presidential candidate) 20 or so of the state's 55 Electoral College Votes, even if he loses the state to the Democratic candidate.
The California Republican Party has been in a death spiral since the 1990s when, under former Gov. Pete Wilson, the decision was made to make illegal immigration its signature issue. It's way too soon to send for the embalmers but the current crisis couldn't be worse:
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About Brad Friedman...
Brad is an independent investigative
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