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Latest Featured Reports | Friday, October 4, 2024
Time Running Out For
All the Trump Rackets: 'BradCast' 10/3/24
'Pro-choice' Melania wants $250k from CNN; $100k 'Trump Watch' invites influence peddlers; Damning new 1/6 details; MAGA county clerk gets 9 years for CO vote system tampering...
'Green News Report' 10/3/24
  w/ Brad & Desi
After another climate disaster, climate change finally front and center at VP Debate; PLUS: Ongoing climate disaster Helene, now second deadliest hurricane in modern U.S. history...
Previous GNRs: 10/1/24 - 9/26/24 - Archives...
Vance Sane-Washes Trump, Self in Polite, Lie-Filled VP Debate with Walz:
'BradCast' 10/2/24
Special coverage with Heather Digby Parton of Salon, 'Driftglass' of 'Pro Left Podcast'...
How You Can Help Protect Democracy This Year: 'BradCast' 10/1/24
Guest: Emily Levy of Scrutineers.org; Also: Iran/Israel escalation; Dockworkers strike shuts down ports; Search, recovery -- and climate denier lies -- continue after Helene...
'Green News Report' 10/1/24
  w/ Brad & Desi
'GNR' Special Coverage: Climate change-fueled Hurricane Helene unleashes widespread death and destruction, as storm victims face daunting challenge of recovery...
Previous GNRs: 9/26/24 - 9/24/24 - Archives...
The Predictable Horrors of Helene: 'BradCast' 9/30/2024
Climate change strikes again, killing more than a hundred in 5 states, millions without power, concerns about their ability to vote; Also: Callers ring in before VP Debate...
Springfield Haitians Sue Trump, Vance, Musk et al over Defamation, Death Threats
Add'l defendants include Trump, Jr., OH A.G. Yost, OH U.S. Sen. candidate Moreno, LA Rep. Higgins...
Sunday 'Protection Racket' Toons
THIS WEEK: Creepers, Cowards and Conmen! (And they're all the same guy!)... In our latest collection of the week's creepiest toons...
Trump Weaponized Govt Against His Enemies, Vows to Do It Again: 'BradCast' 9/26/24
Also: NYC Mayor indicted; D.C. disbars Rudy; Newsmax settles with Smartmatic; Helene goes Cat 1 to 4 in single day before FL landfall...
'Green News Report' 9/26/24
  w/ Brad & Desi
Hurricane Helene guns for Florida; Global warming doubled odds of Europe's catastrophic flooding; PLUS: Biden promotes climate action at final U.N. address, with a warning...
Previous GNRs: 9/24/24 - 9/19/24 - Archives...
The Climate and Economy Stakes of 2024: 'BradCast' 9/25/24
Guest: Ryan Cooper of American Prospect; Also: Trump's Project 2025 in reality, in the U.S. House, and in song!...
Good News for Democracy in Nebraska, Arizona (Not Montana): 'BradCast' 9/24/24
Also: Hurricanes John and Helene; Biden's final address at the U.N. General Assembly...
'Green News Report' 9/24/24
CA sues ExxonMobil for plastic recycling lies; Cat 3 John strikes Mexico; Three Mile Island coming back to power Microsoft A.I.; PLUS: Climate Week kicks off in NYC...
No, GA's New Rule Does NOT Mandate Hand-Counted Results: 'BradCast' 9/23/24
Guest: Voting system expert Marilyn Marks on the wildly misreported Georgia news and what voters should be worried about instead...
Sunday 'Not Going Back' Toons
THIS WEEK: Springfield Follies ... Political Violence ... The Undecidables ... Pro-Life? ... And much more in our latest collection of the week's best toons!...
Losers' Stench: GOPers Gaming the Map to 270: 'BradCast' 9/19/24
Bad news for Rs in NC; Trump/Vance lies in OH; GOP Elector scheme in NE; Gaming GA result certification; Vote suppression in TX; Vote expansion in CA...
State A.G. and County Election Officials Square-Off Over Voter Registration in Texas
Right to register under assault following state's massive voter roll purge...
'Green News Report' 9/19/24
U.N. weather agency warns of climate chaos...that may already be here; NC storm tops $7B in damage; PLUS: Biden's air pollution policies will save 200,000 lives...
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...


Guest: Alan Minsky of Progressive Democrats of America; Also: Final federal jobs report before midterms beats expectations again...
By Brad Friedman on 11/4/2022 6:29pm PT  

After a few quick words about the "Goldilocks" final jobs report to be released by the federal government before Tuesday's critical midterms on today's BradCast, we get right to what might be regarded as a closing argument for progressives. Of course, we're unlikely to change the minds of many brain-poisoned MAGA rightwingers at this late date, but there may still be some on the left who are reachable and could use some encouragement. [Audio link to full show is posted below this summary.]

Last week, The BRAD BLOG's legal contributor, Ernie Canning, who served as a Senior Advisor to Vets for Bernie during his 2016 campaign, published his latest article. It's titled "To Save American Democracy: A long time Bernie Sanders supporter on why we must vote 'blue' in '22". Please give it a read if you haven't.

Ernie updated his post the next day to note that former Green Party Presidential candidate Ralph Nader had also endorsed voting for Democrats this year on Democracy Now!, describing the GOP as a "dictatorship party" and "the most dangerous political movement since the Civil War."

As readers and listeners know, I too have broken from my nearly 20 years of remaining non-partisan when covering major elections, to specifically call on folks to vote this year for Democrats. As I have explained, that is not because I believe the Democratic Party is wonderful, but because I am really really concerned right now about the survival of American democracy itself. For reasons that I've detailed on both The BRAD BLOG and The BradCast for months (if not longer), the issue of its survival is quite literally on the line in the 2022 elections ahead of the 2024 Presidential election.

All of that, even as I've heard from too many folks on the so-called progressive left who still don't seem to fully appreciate what is at stake and believe that we still enjoy the luxury this year of voting for a third party or sitting out entirely. We don't.

Over the weekend, my guest today, ALAN MINSKY, a lifelong activist and Bernie Sanders supporter himself who now serves as the Executive Director of Progressive Democrats of America, published an article headlined "No Person of Conscience Can Sit Out this Midterm Election", wherein he makes the progressive case for voting for the Democratic Party this year. "Democracy and the very principle of a Society of Equals are on the ballot," the sub-title of his piece reads, adding, "and, yes, it's about the Economy too."

From the need to codify the rights and freedoms of Roe v. Wade, stolen by our corrupt Supreme Court, into federal law, to passage of the John Lewis Voting Rights Act and the Freedom to Vote Act and much more, Minsky makes the case that "The 2022 midterm election represents a unique and historic opportunity to protect our democracy and our right to equality before the law against an unrelenting offensive being waged by the reactionary right." That, amid a rising authoritarian movement here and around the world and "widespread Republican support for Trump's Big Lie and the embrace of Authoritarian despots like Hungary's Victor Orban by Republican elites."

Though we haven't spoken on air (or at all actually!) for a number of years, Alan is an old friend after his years of formerly serving as Program Director at Pacifica Radio's KPFK, our flagship station here in Los Angeles. Alan has always been passionately progressive and likely even farther to the left than me, so I took careful notice when I came across his new piece at the liberal Common Dreams website.

We discuss all of the above and the concerns we both share about those on the progressive left who have either been misled or simply have yet to grasp the historic nature of this moment and the need to push back against rising authoritarianism, even if it means voting for a decidedly imperfect Democratic Party right now.

"If American democracy is toppled, this whole era we've lived through, understanding that we are citizens of a democratic society, the notion of a society of equals will be in such peril," he tells me today. "The reactionary right, coming off of January 6, coming off of Donald Trump's refusal to accept the election, they are emboldened to take down American democracy in their efforts to create a permanent ruling party."

"Bernie Sanders himself is barnstorming around the country to lift up Democratic candidates," Minsky observes, "to make the economic justice components of American society real for the average person." He urges that "we can't just cede this territory. Not just to a very dangerous rightwing, but even to the neo-liberal centrist Democrats."

"What I would encourage people to do is to recognize by voting and preserving the democratic process and improving it, you are maintaining capacity for a real progressive movement to be vibrant in the United States," Minsky argues. "This midterm election opens a space --- that I really want to encourage everyone listening who is a progressive --- we can win this in the Democratic Party."

"We can change this country for the better. But we have to preserve our democracy to leave that opportunity open. And that's why this election cycle is so important."

"If young people get out and vote at the level they did in 2018, let alone 2020, Democrats will win this election," he notes. "But that doesn't look to be where it is. I think that does have a lot to do with the perception that the Democratic Party is not a welcoming institution. But again, for those folks, you have allies on the inside of the party. We will fight this fight together, we will win this together. But right now it is essential that people DO vote in this election to preserve the democratic process that will be the instrument to allow us to win those victories in the near future. So, if we can preserve democracy, there's a bright future ahead."

"We have to preserve democracy now and strengthen it," Minsky concludes near the end of our broad conversation on a whole bunch of related topics. "We can do that with a victory in this election. So I encourage everybody, yes, to vote Democratic on Tuesday, or before Tuesday if you're in a state you can do that, and let's win this thing."

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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'Democracy came out victorious' in Lula's defeat of Bolsonaro; U.S. democracy at stake in next week's midterms; New Senate polling; Pelosi's would-be assassin was a follower of Trump's election lies; Callers ring in...
By Brad Friedman on 10/31/2022 5:51pm PT  

We're just over one week from the most critical midterm elections in these United States since the Civil War. So, we've got a lot to discuss on today's BradCast. And the phones are finally fixed at KPFK, so we were actually able to hear from callers today as well! [Audio link to full show is posted below this summary.]

Among the stories covered on today's program before listeners ring...

  • Why it really matters: A few thoughts on why, exactly, these elections are so critical, in all 50 states, for the future of American democracy itself; why you need to vote in whatever state you live in by Tuesday; and why, depending on how it all goes, this could be the last democratic election in this country. An overstatement? I don't think so in the least. But tune in for much more on all of that and for listner calls from folks who may or may not agree with me.
  • If they can do it in Brazil: Great news! The far-right, Donald Trump-supported autocrat Jair Bolsonaro was deposed in a runoff election on Sunday to Brazil's former leftist President, Luiz Inácio Lula da Silva, popularly known as "Lula". The race was closer than polls had predicted, but it was the first time since the nation became democratized in the 1980s that an incumbent President went down to defeat. That is good for workers, that is good for the planet (given Bolsonaro's destruction of the Amazon rainforest), and, as Lula said up winning, good for democracy itself. "This isn’t a victory of mine or the Workers’ Party, nor the parties that supported me in the campaign," said the once and future President. "It's the victory of a democratic movement that formed above political parties, personal interests and ideologies so that democracy came out victorious."
  • After all that: New polling out today from New York Times and Siena College finds four key U.S. Senate races are still polling pretty much where they were several weeks ago, despite recent breathless corporate media reports that Dem support was tanking and a "red" wave was forming. Perhaps it is, but that's not what today's new polling suggests. The Democratic Senate candidates in Arizona, Pennsylvania and Georgia all still lead their Republican opponents, if by slim margins, and the race in Nevada is said to be a dead heat. At least, if you believe pre-election polling. (And I wouldn't, if I were you.) It's all likely to be very close. All of it. Everywhere. Please get out and vote, as they did in Brazil...for democracy.
  • Another assassination attempt on the Speaker of the House: We were off on Friday, so didn't get to ring in on it, but we've learned more over the weekend about the attacker who, echoing January 6, 2021 insurrectionists, was hunting for Nancy Pelosi as he hoped to use zip ties to restrain her 82-year old husband Paul last Friday morning at their house in San Francisco. The attacker ended up cracking Paul Pelosi's skull with a hammer before he was tackled by police. By way of contrast with the "outrage" expressed for weeks by Republicans at peaceful protests outside the homes of corrupt Supreme Court Justices several months ago, many of those same GOPers made jokes over the weekend about the attack on the Pelosis by a man who appears to have been a supporter of QAnon conspiracies and far-right commentators and who believed Trump's lie that the 2020 Presidential election was stolen from him. The 42-year old assailant has now been charged with both state and federal felonies, including attempted murder; assault with a deadly weapon; assault on the immediate family member of a federal official; and attempted kidnapping of a federal official. Paul Pelosi is said to be recovering after emergency surgery for a fractured skull.
  • Calls forward: Finally, we open up the phone lines --- for the first time in a month, now that they're fixed here at the station! --- on all of the above and more with some very lively callers (several of whom, as usual, don't agree with me on every li'l thang...)

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Brian Hansbury of Media and Democracy Project; Also: Jon Stewart calls AZ A.G. out for 2020 lies; Republican PA-SEN write-in candidate drops out to endorse Democrat Fetterman...
By Brad Friedman on 10/26/2022 6:42pm PT  

On today's BradCast: With less than two weeks to go before this year's critical midterm Election Day, can the corporate media be convinced to take America's side in helping to save democracy itself? [Audio link to full show follows below this summary.]

We've devoted nearly two decades to calling out corporate media for their seemingly never-ending failures, the worst of which we may now be smack dab in the middle of, as they seem to have little to no appreciation for our endangered democracy and their no-small-part in helping bring us to this point.

Over the past two years, we've noted (among other failures) how the corporate media just can't seem to simply and clearly call out Donald Trump for having attempted to steal a Presidential election before our very eyes. Instead, as they report even now, he was simply trying to "overturn" or "undermine" or "challenge" or "question" the results, hoping to "roll them back" in order to "remain in the White House". But because they have failed to accurately and directly inform the American electorate that Trump and his minions attempted, repeatedly, to steal a Presidential election, a huge chunk of the citizenry continue to falsely believe the 2020 election was actually stolen from him, despite any evidence to support the false claim. Shamefully, hundreds of Republican candidates on this year's ballot continue to spread that lie and often go entirely unchallenged by the press.

"There's a journalism crisis in this country," charges our guest today, BRIAN HANSBURY, co-founder of the grassroots Media and Democracy Project. The media, he tells me, are "marching us towards fascism and a potential future where we're not able to have votes that have any meaning moving forward."

Hansbury's group recently penned an open letter to "American journalists, editors, producers and publishers" detailing the "urgent need for pro-democracy 2022 election coverage." In an op-ed this week at Salon, he warns that "Journalists who know the 2020 presidential election was free and fair still frequently describe those who lie about it as mere 'skeptics' who 'dispute the results.'" They are not "deniers," he insists. They are liars and should be described as such. He calls on "news media to urgently communicate" to the American public that the November 8 midterm is "not an ordinary election, but rather a contest between would-be authoritarians and candidates who defend the rule of law and the electoral system."

Hansbury's op-ed cites his group's open letter for more details in order to plead: "For the next two weeks, journalists must 1) make threats to democracy clear, 2) protect Americans against disinformation and 3) treat elections as if they are more important than the sports page."

We discuss what all of the above actually means and much more today, as Hansbury makes the case for the American media to, in fact, "take sides" at this point. "Media should be a partisan for democracy," he argues. "Ahead of the 2022 midterms, they should be picking a side, and that should be the side of democracy."

"When elected officials are lying to the public, that's a time when journalists and newsrooms should be taking the side of those who aren't lying to the public about something so fundamental to our rights, freedoms and democracy as elections."

"The 'both sides' thing," Hansbury asserts, is a "false equivalence that is constantly maintained in our national media between normal candidates --- and by 'normal' I mean those that don't lie to us about elections --- and these anti-democracy Republicans. And that normalizes the election lies. It allows for there to be this permission to continue to lie about elections."

The ability for so many candidates to continue to tell so many lies without being held accountable in the press, one can reasonably argue, is no small part of why so many races across the country are now believed to be so close this year. That, despite independently verifiable facts which contradict the candidates' lies...if only our media bothered tell the truth as clearly and relentlessly as the liars lie. It's only the future of American democracy at stake after all. Or, as Hansbury charges the media see it, just another way to "maximize profit, maximize engagement and deliver to advertisers."

Also today, in very related news...

  • Jon Stewart --- yes, a comedian, rather than a journalist --- calls out Arizona's Republican Attorney General Mark Brnovich during an interview for refusing to clearly say, even two years later, that Joe Biden won the battleground state fair and square in 2020...even though the A.G. clearly knows that to be the case.
  • In Pennsylvania, Everett Stern, a little known Republican running as an independent write-in candidate in the state's critical U.S. Senate election, dropped out on Wednesday to endorse the Democratic candidate, John Fetterman. He cited the need to place "country over party," in the race against Trump-endorsed Republican nominee Mehmet Oz, which is considered to largely be a dead heat at this point. In leaving the race, Stern announced: "I am polling around 3% which places Democracy at risk. In the interest of protecting the United States I am dropping out of the U.S Senate Race in PA. I fully endorse John Fetterman. The Democrats must win. PA must be Blue."

Good for him! Nice that there are still some Republicans who appreciate the danger American democracy now faces and the importance of saving it...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 10/25/2022 10:43am PT  


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IN TODAY'S RADIO REPORT: Biden EPA opens civil rights probe into Jackson, MS' water crisis; Big insurance companies begin to back away from Big Oil: PLUS: BMW to build massive E.V. battery plant in U.S. --- Republicans who voted against incentives take credit... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Only 5 percent of plastic waste generated by US last year was recycled, report says; Secret files suggest chemical giant feared weedkiller’s link to Parkinson’s disease; Russia is destroying water/power infrastructure in Ukraine; Utilities sticking with fossil fuels despite climate pledges; How coal producers legally dodge cleanup obligations; Will new UK PM Sunak rebuild green agenda torn up by Truss?; More than half of bird species in the U.S. are in decline; Deforestation slowed last year, but not enough to meet climate goals; New European pipelines are hydrogen ready... PLUS: Inside the fantastical, pragmatic quest to make "hybrid" meat.... and much, MUCH more! ...

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Guest: David Dayen of The American Prospect; Also: Follow science and save lives by voting NO on CA's Prop 31 vaping flavor ban!...
By Brad Friedman on 10/24/2022 6:35pm PT  

Today on The BradCast, some help for voters in California trying to make sense of some of those confusing propositions on this year's midterm ballot, and some new worries for the entire nation when it comes to the GOP's vow to destroy the so-called "administrative state". [Audio link to full show is posted below this summary.]

We're joined today by DAVID DAYEN, investigative financial journalist, Executive Editor of The American Prospect and author of (most recently), Monopolized: Life in the Age of Corporate Power. We've got quite a bit to discuss with him today.

First, ride-share companies Lyft and Uber scammed California voters two years ago with the landslide passage of Prop 22, which the companies spent nearly $250 million to put on the ballot and misrepresent to voters. They claimed that their workers in the state should not be treated as employees under CA law --- with all the benefits that come with it --- but as a new type of independent contractor. The companies told voters that, under Prop 22, their drivers would make at least 20% above minimum wage (currently $15/hour in the state) and would receive other increased benefits for healthcare, etc.

Now, two years in, it turns out that Uber and Lyft drivers in CA are averaging just $6.20/hour. Dayen explains how that can possibly be, adding: "When you allow a corporation to set the terms of employment and to opt out of, in this case, the state system that governs employment arrangements, they're probably going to take advantage of it for their devices. And that's exactly what happened here."

This year, Lyft is supporting another CA ballot initiative, Prop 30, that would tax millionaires to help subsidize elective vehicles for their drivers and to fund CA firefighting efforts. The state's Democratic Party seems to believe them. The state's Democratic Governor Gavin Newsom, on the other hand, doesn't. What explains that? We try to figure it out.

But, more importantly, Dayen argues the entire matter is symptomatic of what he now sees as CA's "failed experiment with direct democracy" in its ballot initiative process. Can it be reformed to make it work for the people as intended? Or has it been irreversibly taken over by corporate interests who have learned how to purchase their interests into state law?

Also today, Dayen breaks down last week's stunning ruling by a three-judge panel on the hard-right 5th Circuit Court of Appeals (all three were Trump appointees), finding that the way Congress chose to fund the Consumer Financial Protection Bureau (CFPB) is, somehow, unconstitutional. The CFPB was created during the Obama Administration to protect consumers after the 2008 global banking crisis and subsequent Great Recession. It was the brainchild of Elizabeth Warren before she became a Senator. The Bureau is the only federal agency built and devoted specifically to protecting consumers, as opposed to corporations.

As Dayen explains, the court's ruling, if allowed to stand, would not only make the CFPB go away entirely (long a goal of Republicans), but also hundreds of regulations and consumer protections that the Bureau oversees. Moreover, if the judges are right about the funding mechanism for CFPB being unconstitutional, well then so is the funding for dozens of other critical federal agencies and programs!

"The logic of the 5th Circuit's ruling is that all of those other agencies [including the FDA] are also unconstitutional," says Dayen. "There are also a number of mandatory spending items in America that are not funded through the appropriations process. Social Security, Medicare, Medicaid, food stamps. The logic of the 5th Circuit's ruling is that all those things are all unconstitutional."

In addition to "this ruling defunding the police --- the consumer protection police" in a case brought by the rapacious payday lending industry, he details how this is the very definition of the GOP's years-long vow to "destroy the administrative state". In this case, as Dayen argues, there are also a bunch of protections for big banks that would be wiped out as well unless the ruling is overturned. So, maybe that little glitch will --- ironically enough --- help to save the CFPB.

One more matter we touch on with the author of Monopolized: Life in the Age of Corporate Power, the recently announced takeover of Albertsons by Kroger, which already owns Ralph's, Food For less, and many others as the nation's largest grocery store conglomerate. Albertsons is the second largest. They own Vons, Safeway and many others. In short, Kroger's takeover, if it goes through, would result in one company owning --- and having near monopolistic pricing power over --- more than 60% of the nation's grocery stores. As you might imagine, Dayen has a few warnings about this "very, very disturbing merger," but adds that he's pretty sure that Biden's Federal Trade Commission (FTC) "is going to take a healthy look at it."

Finally today, one more thought on one more initiative on this November's CA ballot, one which is likely to spread like a deadly virus to much of the rest of the country if successful here. Prop 31 would ban the sale of flavored e-juice for vaping and e-cigs in the state. The disingenuous claim by supporters is that flavors --- like the one that I used, espresso, to finally successfully quit smoking --- are attractive to kids. Prop 31 proponents argue this ban on flavored vape juice is needed to keep kids from vaping. But the fact is that kids are already banned from buying these products in CA! Instead, the ban would serve only to kill actual smokers by preventing them from switching to vaping, which scientists universally find to be far safer than smoking. More details in support of "NO" on CA's Prop 31 --- a maddening and deadly scam --- on today's BradCast...

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A long time Bernie Sanders supporter on why we must vote 'blue' in '22...
UPDATE: Independent progressive Ralph Nader joins call to vote 'blue' in '22...
By Ernest A. Canning on 10/24/2022 10:05am PT  

I was a long time Bernie Sanders supporter. I still am. As an attorney and Vietnam veteran I even served as a Senior Adviser to Vets for Bernie during his 2016 campaign. I also supported Sen. Sanders during the 2020 primaries. That was then. This is 2022.

President Biden was not engaging in hyperbole when he recently warned the nation that "democracy will be on the ballot" this November.

I recently underscored his message with my coverage of the amicus brief to SCOTUS from all 50 State Supreme Court Chief Justices warning in no uncertain terms against the dangers of the "fringe", so-called "Independent State Legislature" (ISL) theory, soon to be decided by the High Court. The case, Moore v. Harper, was brought to the Court via North Carolina Republicans seeking to override their own state Supreme Court regarding partisan gerrymandering. The theory they are using to do so echoes the radical interpretation of the U.S. Constitution's Elections Clause as advanced by disgraced former law professor, John Eastman, during his attempt to help Donald Trump steal the 2020 Presidential election.

Irrespective of whether it comes by way of a violent insurrection or via judicial fiat handed down from the U.S. Supreme Court's "radicals in robes", American democracy may soon be all but lost absent a massive turnout for the midterms by everyone who desires to save it.

If a SCOTUS majority embraces the ISL theory, it could lead to a circumstance where MAGA Republican State legislatures can not only rig all future U.S. House elections via partisan gerrymandering, voter suppression and intimidation but also present what the Brennan Center described as a "nightmare scenario" in which a partisan, gerrymandered State legislature "would invoke [the ISL] as a pretext to refuse to certify the results of a presidential election and instead select its own slate of electors." In other words, under the ISL theory a partisan gerrymandered State Legislature, and not the People, would hold the ultimate power to "elect" all future Presidents. Neither gubernatorial vetoes, nor state voters nor state Constitutions nor state Supreme Courts would be able to overrule them.

Where MAGA Republicans proponents of the ISL theory offer an absurd bastardization of the Constitution's Elections Clause as a ticket to undermine democracy, most legal scholars regard the same Clause as providing a means by which democracy can be saved...

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Guest: Congressional historian, political scientist Norm Ornstein; Also: Leahy's Iraq War spy story...
By Brad Friedman on 10/19/2022 5:41pm PT  

We've spent quite a bit of time of late on The BradCast discussing what could happen if Democrats are able to hold their majority in the U.S. House this year and pick up two more seats in the Senate. Codifying privacy rights and reproductive freedoms into federal law; passage of the much-needed Freedom to Vote Act; expansion of the corrupted U.S. Supreme Court to un-corrupt it. That all become possible in such an event, just to cite a few of the most pressing issues. But what happens if they don't? [Audio link to today's full show follows this summary.]

We've noted that it remains an uphill battle for Democrats to hold their majorities in either chamber of Congress this year, much less expand one of them. So, what happens if Republicans win a majority in one or both?

In short, it would be very very bad for a host of reasons, including for democracy itself. But TPM's Kate Riga detailed just some of the political nightmares that are likely to occur, as Republicans have revealed in their own words. From endless Congressional investigations of nonsense (think "Benghazi on steroids") to pointless culture war legislation that would be vetoed by President Biden even if it somehow overcame a Senate filibuster, to impotent efforts to impeach the President and various members of his Cabinet...for something or other.

But, even without majorities in both chambers, Republicans can wreak extraordinary damage to both the U.S. and global economies simply by re-upping their 2011 "Tea Party" scheme to hold the nation (and world) hostage to any number of demands in exchange for raising the dumb debt ceiling next year. ("Dumb", because it's absurd that the U.S. even has such a statute requiring Congressional permission to borrow money to pay for stuff that has already been purchased with Congressional and Presidential authority. Also "dumb" because Republicans only use it as a dangerous bargaining chip when a Democrat is in the White House. Despite blowing up the deficit by trillions during the Trump Administration, the debt limit was raised three times by Congress with nary a peep.)

As Riga and others have reported this week, Rep. Kevin McCarthy, the GOP's presumptive House Speaker if they take back a majority, has signaled that his party intends to hold cuts to Medicare and Social Security among hostages in exchange for agreeing to lift the debt ceiling. That, in the words of our guest today, would be "catastrophic" on several levels.

We're joined today by Congressional historian, political scientist and author NORM ORNSTEIN, who has been covering Congress for nearly 50 years via the conservative American Enterprise Institute, where he is a Senior Fellow Emeritus and now as contributing editor and columnist for The Atlantic.

Last week at The Atlantic, Ornstein warned that it's not just "democracy at stake this fall", as he asked "how far would a Republican majority go?" in undermining the U.S. economy in advance of the 2024 Presidential election. He recounts the first real use of the debt ceiling as a blunt political instrument to wreak havoc on U.S. policy and the economy along with it by the "Tea Party" back in 2011. While a last minute compromise at the time avoided a first-ever default of the U.S. government and the inability to pay its debts, the brinkmanship and hostage-taking cost the economy billions. Our credit rating was downgraded for the first time ever and the Dow plunged some 2,000 points.

But Ornstein is now more worried about what may happen next year if the GOP wins a House majority. As he explains today, "back in 2011, there were grownups in the room who kept it from getting out of control." Today, however "we're in a different world."

"In the past," he tells me, citing Donald Trump as an "accelerant" for GOP "dysfunction," "we still had what we could think of as a political party, even as it began to go downhill. But now it's a full-blown cult. The willingness of new members coming in, joining with a lot of radical members who will be returning to blow the whole thing up, the lack of interest in fundamental institutions or in the need to be responsible at governance is astonishing."

"I have never, in fifty-plus years of being immersed in the institution, seen a weaker or more pathetic leader than Kevin McCarthy," he says. "The idea that he would stop them from mayhem is, at this point, not believable."

"Other than that the fact that these are radicals dominating the party, they can't pass legislation on their own. They can't impeach and convict and remove from office the officials they would want to, including the President and the Attorney General and Sec. of Homeland Security, among many others."

But, as Ornstein adds, they will have "the power for the purse" with which they can cause extraordinary damage both here and around the world. He details both the chaos and what Democrats can do to try and preempt it during the Lame Duck period after the November midterms in the event that Republicans win back a majority in one or both chambers.

"The best thing to do is to do as every other country does and eliminate this ridiculous device [the debt ceiling]," but, since Dems can't do that on their own via reconciliation, they could invoke "the ironically named McConnell Rule" through reconciliation to stave off the threat of GOP debt ceiling brinkmanship that could result in a first-ever financial default by the nation. Tune in for an explanation of that ironically named rule and much more on all of this today.

Or, of course, Americans could simply reelect Democrats to majorities in both chambers and avoid the guaranteed nightmares that lie ahead with GOP control of either, now that they have wasted away into little more than a radical, extremist, "full-blown cult."

Finally, we close today with a fascinating spy story, of sorts, regarding retiring, eight-term Sen. Patrick Leahy (D-VT) and the U.S. intel agencies during the lead-up to the Iraq War (which he voted against), based on false evidence of WMDs hyped by the Bush/Cheney Administration...

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UT's Sen. Lee in dead heat; Biden Admin begins student loan forgiveness; Biden vows to codify 'Roe' if Dems hold House, increase Senate majority; Also: Trump/Barr's dumb Special Counsel Durham loses another case...
By Brad Friedman on 10/18/2022 6:20pm PT  

Democratic voters, it seems, are an easily spooked bunch. A few bad polls and some seem ready to all but throw in the towel on the November midterms. But now is not the time for that sort of thinking. As discussed on today's BradCast, there is simply too much at stake this year --- Constitutional freedoms, democracy itself, survival on Planet Earth, just to name a few --- to get sidetracked by despair. To paraphrase Obama, don't boo-hoo! Vote! (And make sure everyone else you know does the same!) [Audio link to full show follows this summary.]

It was always gonna be an uphill fight this year. It still is. But it makes no sense to wallow. It does make sense to get to work. As President Biden correctly noted this afternoon, "Today we face an inflection point, one of those moments that only come around every several generations where there's so much change happening --- technologically, politically, and socially --- that the decisions we make now are going to determine the future of our nation and the future of your generation for the next 30 or more years."

With all of that in mind, these are among the stories covered on today's program...

  • Breaking just before airtime: Special Counsel John Durham --- tapped by Donald Trump and Bill Barr to investigate the investigators who investigated Russia's interference in the 2016 election --- is now 0 for 2 in Court. Igor Danchenko, said to have been a primary source for the so-called "Steel dossier", was charged in Durham's probe with five counts of lying to the FBI. He was acquitted today by a jury on all charges. He was the second to be indicted by Durham and then fully exonerated at trial. Even more humiliating for Durham: he personally handled most of the argument and questioning in court and reportedly ended up being rebuffed by his own witnesses who provided support for the defense. Worse, Danchenko, a Russian citizen living in the U.S., was reportedly "a treasured FBI informant" whose indictment "hurt U.S. national security."
  • Last week we detailed the five U.S. Senate seats that could plausibly be flipped this year from Republican to Democratic (in PA, OH, WI, NC and FL) and the two Democratic seats that could plausibly be won by Republicans (in NV and GA). At the end of yesterday's show, however, we added another to the Plausible Red to Blue list when the "gold standard" Des Moines Register poll over the weekend found Iowa's 89-year old, 7-term Republican Senator Chuck Grassley to be just three points ahead of his Democratic challenger Mike Franken. Today, there's yet another Republican Senate seat said to be in jeopardy --- in deep red Utah of all places! According to two different polls, independent candidate Evan McMullin is said to be in a dead heat with GOP Senator Presidential election theft enthusiast and not Trump "bootlicker" Mike Lee. On Monday, the two sparred in their only debate. It didn't go all that well for Lee.
  • On Monday, the Biden Administration opened its student loan forgiveness program at StudentAid.gov. The process has reportedly already served some 12 million applicants who may be forgiven for as much as $20,000 in debt. The process to apply reportedly takes no more than five minutes. All that is needed is a name, birthdate and social security number. The government will supposedly take care of the rest. At the same time, Republicans are suing to block Biden's program, created via Executive Order. But if they believe it's truly illegal, as Slate's Mark Joseph Stern observes today, they should introduce a bill to force those who received debt forgiveness to pay the money back. Do you think Republicans will do so?
  • On Tuesday, President Biden spoke at a DNC event and vowed to codify the Constitutional rights and freedoms previously guaranteed by Roe v. Wade into federal law as his first order of business in January, after our corrupt, stolen and packed Republican Supreme Court majority took privacy rights and reproductive freedoms away from Americans last June. We share Biden's remarks today. But, in order to enact those protections, as he points out, Dems will need to hold their House majority and pick up at least two more Democratic Senators willing to reform the undemocratic Senate filibuster rule in November. If that happens, not only can abortion and privacy rights be protected by federal law, but voting rights can be expanded and protected, and the corrupt Supreme Court itself can be expanded and un-corrupted. But, again, if that's what you'd like to see, you better to get to work between now and November 8!
  • Finally, Desi Doyen joins us for our latest Green News Report, with news on how GOP rollbacks to climate policies made things worse for Florida; how the Pacific Northwest is facing record heat and wildfires in mid-October(!); how FL's Sen. Rick Scott wants the government to do less for disaster victims; and how a can of soup and a priceless Van Gogh have sparked debate over climate protest tactics...

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Also: MAGA leader now recruiting, training MI poll workers; DeSantis finally issues post-Ian election plan for GOP-leaning FL counties...
By Brad Friedman on 10/14/2022 6:12pm PT  

As another exhausting week wraps up on The BradCast, we've got a number of follow-ups today on several stories we've been covering throughout the week, and a few all-new reasons to be concerned about the critical upcoming midterm elections. [Audio link to full show is posted below this summary.]

Among the stories covered today...

  • Newly-released footage from January 6, 2021 reveals then 80-year old Democratic House Speaker Nancy Pelosi saying she wanted to "punch out" Donald Trump after he had sent insurrectionists to attack the U.S. Capitol. Tom Fitton, rightwing operative, conman and Trump henchman, is just outraged by that! Curiously, he is not at all outraged, by yesterday's House J6 Committee revelation that he wrote a speech for then President Trump, days before the 2020 election, instructing him to declare victory on Election Night --- whether he'd actually won or not --- and then demand the counting of all ballots immediately be stopped. "We had an election today, and I won," the memo suggested Trump declare, as detailed by Rep. Zoe Lofgren (D-CA) on Thursday. The memo then instructed Trump demand only votes counted by the end of Election Day be allowed. That, of course, would disenfranchise millions of lawful American voters. The disgraceful Fitton serves as President of the far-right Judicial Watch activist nonprofit and reportedly also advised Trump that he was legally allowed to steal thousands of classified documents from the White House upon leaving office.
  • Meanwhile, Trump's allies in Congress, lead by Republican Conference Chair Rep. Elise Stefanik of New York, are pretending to be furious that the bipartisan House Select Committee investigating Trump's insurrection and failed attempts to steal the 2020 election voted to subpoena the former President for documents and testimony on Thursday. House Republicans were so eager to demonstrate their clownish fury that they even attacked one of their own employees, as "just another liar and pawn in Pelosi's witch-hunt"...until they realized she worked them, and quickly deleted the tweet.
  • Of course, there was Trump's own hilarious, 14-page response [PDF] to the subpoena (which has not actually been issued to him yet). Clearly written for his duped followers who he hopes haven't watched any of the J6 hearings, it offers his usual tired bogus claims and long-ago debunked nonsense to falsely insist (in all-caps, because that makes it extra true): "THE PRESIDENTIAL ELECTION OF 2020 WAS RIGGED AND STOLEN!" Will he actually answer the subpoena and testify under oath before the Committee? The cowardly liar failed to say as much.
  • One of the millions of dupes who were dumb and incurious enough to buy into Trump's evidence-free claims that the 2020 election was stolen from him is a woman named Genevieve Peters. She helped encourage J6 protesters to attack the Capitol in D.C. on January 6, participated in other so-called "Stop the Steal" rallies, and hung around with the leader of the Proud Boys, according to social media posts that she has been furiously removing from her own Facebook page. She has now been hired by Macomb County, Michigan, its third most populous, to recruit and train pollworkers for the 2022 midterms.
  • More than two weeks after Hurricane Ian made its devastating landfall in Florida, Republican Gov. Ron DeSantis finally issued an Executive Order [PDF] on Thursday expanding early voting and vote-by-mail in the state's three hardest hit counties (Lee, Charlotte and Sarasota). On Monday's BradCast, we discussed the delay in approving the plan sought by Lee County, home of Fort Myers, and others where Ian made landfall, with the now-retired, legendary 30-year Florida election official Ion Sancho, who was very worried about whether many Floridians would be able to vote at all this year. We checked back with Sancho to get his reaction to DeSantis' newly-issued EO. He lauds the plan for granting "the flexibility sought by the election officials in three of the most damaged counties," before noting that "Counties further inland had record flooding," leaving still-displaced citizens completely ignored by DeSantis' order. "The counties granted flexibility are heavily Republican," Sancho told me. "The hurricane hit counties further inland are much more Democratic leaning."
  • Finally, Desi Doyen joins us for our latest Green News Report, with her usual mix of bad (more billion-dollar weather disasters than ever and wetter storms than ever) and good (an explosion of investment in renewable energy and EV manufacturing in the U.S., and Joe Biden's first declaration of a new national monument) news...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 10/13/2022 8:26am PT  


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IN TODAY'S RADIO REPORT: Climate change is causing more billion-dollar weather disasters in the U.S.; When it rains, it pours more than ever before, new study confirms; Clean energy and EV manufacturers accelerate investment in America; PLUS: Biden establishes first national monument of his presidency... All that and more in today's Green News Report!

GNR's now celebrating 14 YEARS of independent green news, politics, analysis, snarky comment and connecting climate change dots over your public airwaves!
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IN 'GREEN NEWS EXTRA' (see links below): Researchers report staggering decline in wildlife; US law protecting endangered species is hampered by poor resources; Greenland Ice Sheet may be more vulnerable to climate change, study finds; Supreme Court wrestles with case on pigs, cruelty and commerce; Europe turns to Africa in a bid to replace Russian natural gas; New Zealand proposes taxing cow burps to reduce emissions; General Motors launches electric grid division; 'Steam loops' under many cities could be a climate change solution... PLUS: Arizona's clean energy future could swing on governor's race.... and much, MUCH more! ...

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Guest: Daniel Wolf of America Counts; Also: GOP's sad abuse of Herschel Walker; And, Republicans For Democrats 2022!...
By Brad Friedman on 10/12/2022 6:13pm PT  

On today's BradCast we've got an excellent idea for Democrats, Republicans and everyone else who has any concerns about accurately reported election results in this year's critical midterm elections. [Audio link to full show follows below this summary.]

But, first up, a few thoughts on a Republican Party in dangerous decline and what at least some long-time GOPers are now doing to put country over party.

We start with the sad tale, frankly, of how the GOP is using and/or abusing Georgia's former football hero and clearly unstable U.S. Senate nominee Hershel Walker for grotesquely partisan political purposes, despite the costs to the man who had no business or qualifications being put up as a candidate for U.S. Senate in the first place. In a thoughtful Twitter thread this week, Illinois' Democratic Rep. Sean Casten worries that Walker is on "a trajectory that does not end well." He describes him as "just one in a long, tragic legacy of disposable black men" for the Republican Party. Even now, Casten notes, elected GOP officials who put him up for the job have no interest in his well-being if there is any hope he might defeat GA's incumbent Democratic Sen. Raphael Warnock and help the party win a majority in the upper chamber of Congress.

There are some Republicans, however, who are proving to be much better than that. We are happy to laud some of them today, including Rep. Liz Cheney and (gasp!) Bill Kristol. Both are among a growing group of longtime GOPers who are not just calling out their party for the threat they now pose to American democracy itself, but are putting their money where their mouth is by actively supporting and endorsing pro-democracy Democratic candidates for office in battlegrounds like Pennsylvania, Michigan and Arizona --- and even in ruby-red states like Idaho.

"I don't know that I have ever voted for a Democrat, but if I lived in Arizona now, I absolutely would...for Governor and for Secretary of State," Cheney said last week at a McCain Institute event at Arizona State University. She supports the Democratic bids for Governor by Katie Hobbs and for Sec. of State by Adrian Fontes. "We cannot be in a position where we elect people who will not fundamentally uphold the sanctity of elections," Cheney explained, referring to GOP Gubernatorial nominee Kari Lake and SoS hopeful Mark Finchem, both of whom falsely claim the 2020 election was stolen from Donald Trump. If elected, both would be in a position to block state certification of a legitimate Democratic Presidential victory in 2024.

Of course, despite the complete lack of evidence to suggest that the 2020 election was stolen by anybody in any state, the lack of transparency and public oversight of our brittle and vulnerable computerized voting and tabulation systems makes it easy for charlatans to dishonestly claim otherwise.

We have long advised that voters show up to their local polling place at closing time in order to take photos and videos of the cash register-style poll tapes that are printed out by voting machines and optical scanners. They are supposed to be printed and publicly posted there at the end of the night. Public documentation of those records can be very helpful when compared to results eventually reported for those precincts by towns, counties and states.

A new smart phone app called Actual Vote makes that process much easier for voters of all parties or no party at all, promises our guest today, DANIEL WOLF, CEO of AmericaCounts.us, a non-profit tech company that developed the free app.

Wolf has been observing elections since 1984, when he was sent to research election systems in Nicaragua. He explains today how he was struck after the controversial 2004 Presidential election in Ohio when poll tapes from dozens of Counties went missing well before the 22 months they are required to be preserved under federal law. Comparison of contemporaneously printed results at the precinct on those tapes with final results reported later can be helpful in ferreting out fraud (either foreign or domestic) or simple programming errors. As importantly, this sort of oversight, he argues, can also offer confidence to the public that results were tabulated and reported correctly as per voter intent.

"If people took a picture of the [poll] tape in the past, the question was, 'Who do I send it to?," he explains. But Actual Vote, in addition to assisting in the recording of poll tapes, allows the user to press a button to send those videos to a secure public server, where they are posted and where analysts can transcribe their numbers and compare them to final results in key jurisdictions.

"Anything that pops out, we then would go back to the election administrators and say, 'Look, we found a discrepancy. What about it?'," Wolf details. "Most of those discrepancies are going to be resolved. But those that aren't resolved can then be looked at more deeply. And if they cannot resolve that, then it gives the candidate or anybody else who is concerned about that particular race the ability to go into court and say 'I have documented evidence of discrepancies in the results reporting'."

Wolf notes that while "laws vary" from state to state and jurisdiction to jurisdiction regarding the use of cameras at polling places, "once public information is posted in the public" after polls close, "you have a First Amendment right to take a picture of it."

His hope is that while Actual Vote could help surface fraud or simple error, broad use of the app may ultimately add confidence in election results for Republicans and Democrats alike, among whom he hopes to "ignite a war of mutual assured accountability."

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Rare brief submitted to SCOTUS by top state judges underscores how American democracy is, itself, on the ballot this November...
UPDATE 10/14/22: 2nd GOP petition seeks to overturn OH Supreme Court redistricting ruling based in 'Independent State Legislature' Theory...
By Ernest A. Canning on 10/12/2022 11:05am PT  

A no-uncertain-terms brief [PDF] submitted to the U.S. Supreme Court by all 50 state Supreme Court Chief Justices eviscerated the so-called "Independent State Legislature" (ISL) theory being pushed by far-right legal activists.

Their rare decision to file an amicus curiae (friend of the court) SCOTUS brief reflects the unanimous recognition by all of the nation's State Chief Justices that the fringe ISL "legal" theory is so dangerous that, if it were to be embraced by a majority on our nation's highest federal court, it could hasten an end to our Constitutional democracy. And that is not hyperbole.

Earlier this year, the U.S. Supreme Court, now dominated by six unelected "radicals in robes", granted review in Moore v. Harper, a case brought to SCOTUS by North Carolina's Republican-controlled State Legislature after their partisan gerrymandered Congressional redistricting plan was struck down by their state's Supreme Court on the grounds that it violated NC's Constitution.

Ironically, Tar Heel State Republicans owe their own control of the General Assembly to partisan gerrymandering. When Democratic Governor Roy Cooper was reelected in 2020, he defeated his Republican opponent 51.5% to 47% statewide, yet GOPers were able to retain control of 56% of NC Senate seats and 57.5% of the House thanks to extremely partisan state district maps.

In Moore the NC Republican petitioners to SCOTUS rely upon the same ISL theory advanced by disgraced former Chapman Univ. Law Professor John Eastman as part of Team Trump's effort to steal the 2020 Presidential election.

Their argument is that, absent a federal law to the contrary, a State legislature has a plenary right to engage in what NYU's Brennan Center for Justice describes as "deeply undemocratic" partisan gerrymandering of Congressional Districts. They contend that, when it comes to laws regarding federal elections, state legislatures may not be constrained by a state's constitution as interpreted by its state courts.

In their brief, the 50 State Chief Justices argue that the ISL, as advanced by NC Republicans, does violence to the meaning of the word "Legislature" as envisioned by the framers and as it appears in the U.S. Constitution's Elections Clause (Article 1, Section 4), which provides that the "Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations."

Embrace of the ISL theory by a SCOTUS majority in Moore could similarly result in approval of Eastman's radical theory that state legislatures enjoy a Constitutional right to override the will of state voters to choose electors in the next Presidential election. It all underscores President Joe Biden's recent assessment that, come November, "democracy will be on the ballot"...

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Dem Senate candidates smack down GOP opponents in OH, WI debates; Also: SCOTUS undermines key election provision of Civil Rights Act; Is FBI underplaying threats to election security?...
By Brad Friedman on 10/11/2022 6:38pm PT  

As noted on today's BradCast, we generally cover the track conditions of our elections more than the actual horse races. We do so again today. But, as it turns out, Dems have put up some pretty good horses this year. We cover a couple of them today as well. [Audio link to full show is posted below this summary.]

First, track conditions...

The corrupt, stolen and packed rightwing U.S. Supreme Court majority on Tuesday overturned an appeals court ruling which had found that both the landmark Civil Rights Act of 1964 and Pennsylvania law mandates that legitimately voted ballots may not be invalidated due to minor errors that are "immaterial" to determining voter qualification. In this case, the question was about absentee ballots where voters had forgotten to fill in the date on the ballot's outer envelope. The activists on SCOTUS, however, held today that such ballots may not be counted this November, despite the Civil Rights Act provision that previously ended the Jim Crow era's use of immaterial errors to invalidate perfectly legitimate votes.

Also, FBI officials say they have identified no credible threats to U.S. election systems this year, despite efforts by some foreign adversaries, including Russia, to sow doubt about fraud. But do these officials understand the actual threats now posed to our non-transparent, easily manipulated and error-prone computerized voting and tabulation systems? Do they appreciate the increased threat level thanks to recent breaches of election management systems by MAGA conspiracy theorists in several states following the former President's false claims of fraud?

While the Trump-appointed FBI Director Christopher Wray seems to falsely suggest there are similar domestic threats of violence from "both sides" following the 2020 election and the SCOTUS ruling on Roe v. Wade, the federal Elections Threat Task Force, launched last year by the Dept. of Justice, seems to finally be taking at least some action in response to the thousands of violent threats made by rightwingers against election officials and poll workers following the last Presidential election.

Next, horse races...

During a U.S. Senate debate in Ohio on Monday night, Democratic candidate Rep. Tim Ryan called out his Republican opponent, author J.D. Vance, for running a fake non-profit charity to support opioid addicts; defending January 6 insurrectionists; and for giving up his "dignity" to Trump who said about Vance at a recent rally in Youngstown: "All you do is kiss my ass to get my support," before Vance went on to pose for pictures with the disgraced former President. "Ohio needs an ass-kicker, not an ass-kisser," said Ryan in response.

In Wisconsin's U.S.. Senate race, Democratic Lt. Gov. Mandela Barnes was similarly ass-kicking in his debate against incumbent Republican Sen. Ron Johnson. Barnes called out the Badger State GOPer for supporting the January 6 insurrection while claiming to support police, despite the serious injuries to more than 140 law enforcement officials that day. Barnes also made clear he would vote to codify the rights of Roe v. Wade into federal law, and made a very impressive showing against Johnson.

Both races are currently neck and neck, and are among at least five Senate races this year (along with Pennsylvania, North Carolina and even Florida) where Dems have real shots at flipping currently GOP-held seats from "red" to "blue". That, by way of contrast with Republicans who are looking at just two states (Nevada and Georgia), where they stand any real chance, generally speaking, of flipping a Senate seat from "blue" to "red" this year --- at least if you have any confidence in this year's pre-election polling.

Finally...

Desi Doyen joins us for our latest Green News Report, underscoring, yet again, the stakes of this year's critical midterms following the devastation of Hurricane Ian in Florida; consequences of our worsening climate crisis around the world; and the Governor of California's new effort to hold Big Oil accountable for price gouging...

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Guest: Craig Holman of Public Citizen; Also: Ian's death toll cracks 100; Biden in Puerto Rico after Fiona; Putin's failures; Brazil's election lessons for upcoming U.S. midterms...
By Brad Friedman on 10/3/2022 6:29pm PT  

With unspeakable devastation from Florida to Ukraine, the stakes couldn't be higher for our upcoming midterm elections. We cover all of that on today's BradCast, even while tending to some long overdue accountability and grotesque conflicts of interest in Congress. [Audio link to full show is posted below this summary.]

The horrifying death toll from last week's climate change-fueled Hurricane Ian continues to rise. More than 100 were confirmed dead in Florida alone as of airtime. That number is likely to keep growing, along with the growing questions about why state officials did not call for evacuations before they finally did. Put those questions into the same file that may explain the state's years of climate crisis denial and its now collapsing insurance industry.

At the same time, corrupt authoritarian regimes elsewhere are similarly ill-serving their citizens. We get caught up a bit today on Russia's sham referendums and unlawful annexation of four regions in eastern Ukraine last week. That, as Russia's military offensive continues to collapse and lose ground to Ukrainians defending their sovereign homeland; as Vladimir Putin faces growing unrest after announcing the forced draft of hundreds of thousands of Russians; and as he continues to threaten the use of nuclear weapons as his political and military fortunes devolve.

Then, we move to Brazil, where far-right President Jair Bolsonaro lost in the first round of voting on Sunday to the nation's former leftist President known to the people simply as "Lula". While Lula defeated Bolsonaro over the weekend, neither candidate received the votes necessary to avoid a run-off later this month. Lula's victory was much narrower than expected based on pre-election polling showing that he was likely to defeat Bolsonaro by about 14 points. He won by just less than 6 points in what should serve as another object lesson for U.S. voters before our own critical midterm elections in just 35 days.

Next, we're joined by longtime government affairs and ethics lobbyist CRAIG HOLMAN of Public Citizen to discuss the Combatting Financial Conflicts of Interest Act that he had hoped to see passed in the House before next month's midterms. Holman helped shepherd passage of 2012's STOCK Act. It was hoped that the decade old measure --- requiring immediate disclosure of stock trades by members of Congress and ending their exemption from insider trading laws --- would shame members into avoid conflicts of interest when trading stocks in companies which they also oversaw in Congressional committees.

As Holman details today, the STOCK Act failed in that regard for several reasons. As a New York Times analysis found last month, at least 97 members of the House and Senate, of both parties, continue to hold stocks in companies that they oversee on Congressional committees. But it is hoped that the new measure will end that as well. It would bar members and their direct family (spouses and children) from buying and selling stocks at all, and require them to divest their portfolio entirely or place such assets into blind trusts.

"Prior to the STOCK Act in 2012," Holman explains, "insider trading was illegal for you and I and Martha Stewart, but it was perfectly legal for members of Congress. And they were making use of it. There was one economist who came out with a study that showed members of Congress enjoy a 12% higher rate of return than the rest of us on the stock market. Which means either they're geniuses at trading in the stock market, or they know something that we don't know. Quite obviously, it's the latter."

While the STOCK Act did reduce members' trading in stocks by about two-thirds, he says, the other third "are still out there trading. They are sitting on the same committees and in their same official capacities overlooking the same businesses that they're buying and selling stocks in."

The new bill, however, would finally end those bipartisan conflicts of interest, and/or the appearance of same, once and for all. But, Holman also explains how the bill he had hoped to see passed by both chambers before this year's midterms was derailed last week He tells us whodunnit and how he hopes to see the measure adopted nonetheless in the lame duck session after the elections. Here's hoping!

Does Holman have any concerns that this new law would prevent qualified folks from running for Congress in the first place? "Not on my end," he responds. "That is one argument that you always run into. But, quite frankly, if you've got a huge financial conflict of interest with your official duties of serving in Congress, I don't want you here. If you're not going to get rid of that conflict of interest, you pose more of a threat to the integrity of our legislative process, no matter how competent you are."

Finally, President Biden visited Puerto Rico on Monday in the wake of the devastation of Hurricane Fiona (the storm that took out power across the island, yet again, just two weeks before Ian's devastation in Florida). He didn't throw paper towels at residents, as the former guy did following Hurricane Maria, though he did vow to help get their infrastructure back up and hardened to withstand many more of these storms that will be coming their way as the climate crisis worsens. We share some of Biden's remarks today...

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Guest: Thomas Frank of E&E News; Also: DeSantis suddenly supports federal disaster aid; Big Oil exposed (again) as liars...
By Brad Friedman on 9/30/2022 5:55pm PT  

Even before Hurricane Ian devastated the state, Florida's insurance industry was collapsing. As discussed on today's BradCast, decades of climate denialism by the Republicans who run the state hasn't helped. [Audio link to full show follows below this summary.]

Gov. Ron DeSantis seems to have a very different perspective on federal hurricane disaster aid than he did while a freshman in Congress in 2013, when he was an adamant "no" vote on sending federal aid dollars to New York and New Jersey after the devastation of Hurricane Sandy. He also seems to have a different opinion of President Biden than he did just a week or so ago, when the ambitious GOP Presidential hopeful was threatening to use state taxpayer dollars to fly undocumented immigrants to Biden's home in Delaware. Suddenly, the DeSantis swagger is gone. At least for now, as the Sunshine State Guv has little choice after Ian but to crawl hat in hand to the same federal government he has pretended to abhor for political benefit.

But that's not DeSantis' only problem. As our guest today, THOMAS FRANK, longtime climate change impact journalist at E&E News, explains, the insurance industry in Florida has been in big trouble for some time. Major insurers left the state after Hurricane Andrew in 1992, and six of the regional mom and pop outfits who took their place have gone insolvent over the past year alone.

"There's not the kind of robust, private sector [in the insurance industry] you have really everywhere else in the country," Frank tells me today. "What happened the last few days is going to make a bad situation --- pick your adjective --- horrendous. The truth is nobody knows exactly how bad it's going to be, because that's going to take weeks, months to figure out as people try to start filing claims and so forth. But I don't anyone thinks it's going to be anything but bad."

Frank has been reporting on --- and warning about --- the state's failing insurance industry long before Ian may have finished it off. Premiums for homeowners insurance cost about 3 times more than the national average and, at the same time, Florida's Citizens Property Insurance Corp., the state-backed insurer of last resort, has been under-pricing homeowner policies for years, he says. They are unlikely to have enough money to pay out the claims that will soon come flooding in.

Moreover, homeowner policies don't cover flood insurance. That's left to a federal government program and most Floridians who have flood coverage live on the coast, even as hundreds of thousands of homeowners who have been flooded out this week live nowhere near it. They are unlikely to be insured for flooding at all.

As Frank writes today at E&E, "Hurricane Ian is expect to financially ruin countless people" in the state, including both homeowners and insurers. As he wrote yesterday at Politico, "Profit drove a 30-year boom" in the state, particularly near the coast, where the population has doubled or tripled amid a building boom in recent years, despite warnings from climate experts about sea rise and the intensification of hurricanes. "Ian smashed" that boom "in a day," writes Frank.

This, in a state controlled by climate change denialist politicians who have gone so far as to ban the use of the phrase "climate change" in state reports, and where DeSantis, as recently as last month, began an effort to bar the state's pension fund from even considering environmental factors when investing billions of dollars belonging to teachers, firefighters and other state workers.

Please tune in for today's enlightening conversation.

Finally today, Democrats in the House Oversight Committee recently obtained and released a trove of internal documents from fossil fuel industry insiders from ExxonMobil, Chevron, Shell and BP. The communications reveal that Big Oil execs, staffers and lobbyists admit to "gaslighting" the public regarding their public claims to be fighting against the climate crisis. (Who could have guessed it?!) For example, while Shell has publicly claimed they are working toward "net-zero" greenhouse gas emissions by 2050, a missive to employees in 2020 instructs them to never "imply, suggest, or leave it open for possible misinterpretation that (net zero) is a Shell goal or target," adding that the company has "no immediate plans to move to a net-zero emissions portfolio" over the next 10 to 20 years.

Republicans on the House Committee are furious that their friends and campaign donors have been exposed (again) as liars. And the companies argue the Committee's selective release of documents doesn't offer a full picture of their very very concerned stance on the climate crisis. So, as a public service, we close today with a new ad from Chevron that may help clear the air a bit. You're welcome!

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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