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Latest Featured Reports | Sunday, July 25, 2021
Break Them Up!
AntiTrust To the Rescue: 'BradCast' 7/23/21
Guest Host Nicole Sandler with author/journalist Cory Doctorow...
Another Cuban Crisis:
'BradCast' 7/22/21
Guest host Nicole Sandler with journalist and author Anthony DePalma...
'Green News Report' 7/22/21
  w/ Brad & Desi
Catastrophic flooding in central Chinese; Health alerts from Western wildfires triggered as far as the East Coast; PLUS: Utility giant PG&E finally pledges to bury its power lines...
Previous GNRs: 7/20/21 - 7/15/21 - Archives...
'Our Darkest Hour, Our Selma Moment...We Must Act': 'BradCast' 7/21/21
Guest: Voting rights champion Helen Butler, after her GOP removal as a GA election official; Also: Tragic ends for COVID deniers; More clues AZ's election 'auditers' are clueless...
Fact-Checking Right (Phony AZ 'Audit') and Left (Garland's DoJ): 'BradCast' 7/20/21
Also: Chair of Trump Inaugural Committee, Tom Barrack, arrested, charged with acting as foreign agent, lying to FBI...
'Green News Report' 7/20/21
  w/ Brad & Desi
Europe flooding shows nowhere safe from our climate emergency; Parts of Amazon now emit more carbon than they absorb; PLUS: High-tide flooding is about to get much, much worse...
Previous GNRs: 7/15/21 - 7/13/21 - Archives...
Callers Explain Their Refusal to Get Vaccinated as Deadly Delta Variant Surges: 'BradCast' 7/19/21
Also: New analysis finds fewer than 200 POTENTIAL cases of voter fraud in AZ...
Sunday 'Critical Erase Theory' Toons
PDiddie's latest collection of the best, unavoidable, toons of the week...
Critical Failure in Coverage of RW 'Critical Race Theory' Hoax: 'BradCast' 7/16/21
Guest: Media analyst Eric Boehlert; Also: Masks back on in L.A. County; Deadly climate change-fueled deluge in Germany...
The REAL Cost of the Maricopa, AZ 'Audit': 'BradCast' 7/15/21
Also: GOPers laughing at, thanking Manchin, Sinema; Good news on Dem infrastructure bill; Trump's COVID Death Cult rising...
'Green News Report' 7/15/21
  w/ Brad & Desi
Senate Dems unveil $3.5 trillion infrastructure and climate deal; EU unveils landmark 'Green Deal'; PLUS: More evidence that climate action would save lives and money...
Previous GNRs: 7/13/21 - 7/8/21 - Archives...
EAC Sued Over Guidelines After Secret Meets with E-Vote Vendors Allows Modems: 'BradCast' 7/14/21
Guest: FSFP's Susan Greenhalgh; Also: Dems' $3.5T health, climate, infrastructure deal...
'Test of Our Time': Biden Steps Up for Voting Rights, Democracy: 'BradCast' 7/13/21
Also: 2020 Election Night genesis of the 'Big Lie'; Heroic TX Dems land in D.C. to press for federal reform...
'Green News Report' 7/13/21
Western grid tested by massive fires, more extreme heat; CA expands state drought emergency; June 2021 hottest ever in U.S.; PLUS: Fox to launch a weather channel...
Amid CA Emergencies, State GOP Tries to Oust Dem Guv in Recall: 'BradCast' 7/12
Guest: Ernie Canning on reforming CA's Recall process; Also: TX DEMS FLEE STATE TO BLOCK GOP VOTE-SUPPRESSION BILL...
Sunday 'Delta is Ready' Toons
PDiddie is ready when you are, with his latest collection of the week's best (and worst!) political toons...
SCOTUS' Disregard of Constitution's Plain Text Augurs Dark Days: 'BradCast' 7/9/21
Guest: Slate's Mark Joseph Stern on Alito's 'fabricated' rules for the VRA and much more...
Now May Be a Good Time to Reform or Eliminate CA's Gubernatorial Recall System
CANNING: GOP abuse of the time-honored progressive process is wearing thin...
COVID Surge in Trump Country; US (Almost) Out of Afghanistan: 'BradCast' 7/8/21
Also: Rudy's woes worsen; U.S., Canada heat wave kills 100s; Murdoch's Fox 'News' broke the nation and planet...
'Green News Report' 7/8/21
While we were out...Historic heat wave killed hundreds, shattered all time records in PNW, Canada; Exxon lobbyists caught on tape; PLUS: Record-breaker Elsa...
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: Legal reporter Mark Joseph Stern on activist Alito's 'totally fabricated' new rules for Voting Rights Act enforcement and much more; Also: Corporations break vow on donations to insurrectionist GOPers...
By Brad Friedman on 7/9/2021 5:04pm PT  

On today's BradCast: A very lively conversation with one of our favorite guests...about a very dark moment in our nation's history. [Audio link to full show is posted at bottom of this summary.]

Last week, on the final day of its term this year, the 6 Republican Justices on the GOP's stolen and packed U.S. Supreme Court majority, "turned back the clock on voting rights," according to UC Irvine election law professor Rick Hasen. A week after Justice Samuel Alito opinion for the majority in Brnovich v. DNC was published, Hasen is "angry" that "so much of the public does not realize what a hit American democracy has taken," as the ruling "reopens the door to a United States in which states can put up roadblocks to minority voting and engage in voter suppression with few legal consequences once a state has raised tenuous and unsupported concerns about the risk of voter fraud. It's exactly the opposite of what Congress intended."

We share Hasen's fury today. Not only about the activist Rightwing SCOTUS jurists legislating from the bench to wholly rewrite the intent of Congress, but also about them ignoring the couldn't-be-clearer, simple meaning of the plain text of the 15th Amendment. The entire thing is only two sentences long. The first declares "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." The second states that "The CONGRESS shall have the power to enforce this article by appropriate legislation." [Emphasis added for our six deceitful, dishonest SCOTUS Justices.]

Once again, the Supreme Court has chosen to simply ignore that second sentence in --- yet again --- gutting the Voting Rights Act, the appropriate legislation Congress wrote, and has amended to strengthen several times, in order to enforce the 15th Amendment, as literally directed by the Constitution. And, once again, the Roberts Court has put the lie to the bogus claim by the Right that the Republican appointees are "originalists" or "Constitutional textualists" who believe only in the literal, plain text meaning of Constitution as it was written. That is clearly, and always has been, a bald-faced lie.

We're joined today by the great MARK JOSEPH STERN, legal reporter at Slate, to discuss, at term's end, the outrage of the "mangled" Brnovich opinion, which now allows Arizona and other Republican controlled states to simply ignore the expressed intent of Congress' specific legislation barring voting laws that result in disproportionate disenfranchisement of minority voters and pretends that the Judiciary, not Congress, has the "power to enforce" the Constitution's 15th Amendment.

"You're dead right about the Fifteenth Amendment," Stern tells me. "And I do think it's worth noting that all of the Reconstruction amendments expressly empower Congress to enforce them. Because the framers of these amendments after the Civil War recognized that it was crucial not to just rely on the federal courts to protect rights, that Congress itself needed to play a leading role in the protection of Constitutional rights. And, particularly, the protection of political equality for people of all races."

"The conservative Justices [they're not "conservative", which we discuss as well!] have adopted this position not just of judicial supremacy but judicial arrogance, that the framers of the Reconstruction amendments couldn't possibly have intended to give Congress power to go beyond the Supreme Court's own interpretation of the Constitution.," Stern fumes. "This is a theme that we see from conservative justices over and over again --- where they say 'We're the ones who decide what counts as a right. We're the ones who decide what counts as legal and illegal, and Congress has nothing to say. Congress can only enforce our own rulings. What five of us say on this Supreme Court overrules what everyone says in Congress and the elected democratic branches. That has led to this twisted position where we don't see a lot of litigators actually speaking about the text of the 15th Amendment because the court has said, 'We sit at the top of the hierarchy, we get to decide, and all Congress can do is enforce our positions.'"

Stern also joins Hasen's (and my) anger in seeing SCOTUS blatantly ignore Congress's express intent for Section 2 of the VRA to prevent voting laws that result in the disenfranchisement of minorities. "What Justice Alito has done," Stern tells us, amounts to simply "making up" a new rule that is "totally fabricated" and "nowhere in the text" of either the law or the Constitution, in setting new "guideposts" for the use of the VRA's Section 2. "The law says very explicitly that any voting restrictions that results in disproportionate impact on racial minorities is illegal."

At the same time that the Court allowed Arizona's new voter suppression laws, Stern notes the irony of Chief Justice John Roberts, on the very same day in another "bitterly divided" 6 to 3 opinion (Americans for Prosperity Foundation v. Bonta), blocking the state of California's law that allowed its Attorney General to learn the name of "dark money" donors to non-profit groups in order to enforce state laws and limits. All of which, Stern observes, bodes very darkly for both what is to come in the next term of SCOTUS (major cases on guns, abortion and affirmative action are on the docket) and beyond --- not to mention any laws Democrats in Congress may pass (if they can ever reform the filibuster) to protect voting rights.

"In fact, I have been saying for a long time, unfortunately, that this Supreme Court will strike down large portions, if not all, of the For the People Act and the John Lewis Voting Rights Act," Stern warns. "Next term is winding up to be one of the most catastrophic terms for progressives, for the left, in history --- in the entire history of the country."

With that bright news, we also discuss the disappointment of 82-year old, Democratic-appointed Justice Stephen Breyer failing to announce his retirement last week as many hoped, so he could be replaced by a Democratic White House and Senate, while both still exist. And, yes, there is much more in our conversation today regarding SCOTUS at the end of its first term with three far-right activist jurists packed onto it by Senate Republicans who happily blocked a Democratic appointee to the Court for year, before unilaterally killing the Senate filibuster to seat all three of Trump's appointees.

Also today, remember all of those major corporations who pretended to express outrage after the January 6th insurrection and the passage of voter suppression laws around the country, vowing to halt corporate donations to members of Congress who voted against the certification of Joe Biden's decisive victory over Trump? Yeah, as we warned you months ago, most of them didn't actually mean it. Now we have much more proof...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Robert Brandon of Fair Elections Center; Also: We're back! But with a week of news in one segment to get you (and us) all caught up!...
By Brad Friedman on 7/6/2021 6:48pm PT  

We're back on today's BradCast after a much-needed week off, which turned out to be a really big news week. But don't worry. We get all caught up somehow (mostly) on everything you need to know in just one segment today! Plus, an excellent guest to explain how the Republicans' packed U.S. Supreme Court has undermined both democracy and the Constitution yet again at the end of this year's term. [Audio link to full show is posted at end of this summary.]

Among the stories from last week (and this week) that we catch up on before moving to our guest...

  • The thought-to-be-extinguished Lava Fire in Northern California erupts with two others;
  • Last week's deadly, climate-change fueled heat wave in the Pacifica Northwest and British Columbia resulted in hundreds of deaths in the U.S. and Canada;
  • The confirmed death toll at the condo collapse in Surfside, Florida ticks up over 30 with more than 100 still unaccounted for, as recovery is hampered by the incoming, already record-breaking Hurricane Elsa;
  • An ExxonMobil lobbyist was caught on video admitting to the company's years of subterfuge about our climate emergency caused by the unmitigated burning of their products;
  • Attorney General Merrick Garland declared a moratorium on federal executions;
  • George W. Bush's "war criminal" Secretary of Defense, Donald Rumsfeld, died;
  • The U.S. finally, permanently evacuated Bagram Air Base in Afghanistan as President Biden tries to finally end America's longest war before the 20th Anniversary of 9/11;
  • COVID infections spiked 10% over the previous week as the Delta Variant continues to pose a quickly growing danger, effecting mostly unvaccinated people (so far);
  • Despite its low infection rate, Los Angeles County urged residents to wear masks indoors again, thanks to the increasing spread of the much more infectious coronavirus variant;
  • More than 180 people were shot and killed over the July 4th holiday weekend in more than 540 shootings in the U.S. over a 72-hour period;
  • House Speaker Nancy Pelosi named her selections, including one Republican, to a House Select Committee to investigate the Trump-incited January 6th attack on the U.S. Capitol after Republicans in the House and Senate recently reneged on a deal with Democrats for a bipartisan independent commission;
  • Sexual predator Bill Cosby was freed from jail thanks to a ridiculous deal made years ago by one of the lead defense attorneys in Donald Trump's second impeachment trial;
  • The Boy Scouts of America agreed to an $850 million settlement with victims over thousands of sexual abuse allegations;
  • The Trump Organization and its longtime Chief Financial Officer Allen Weisselberg were indicted on multiple state criminal charges including Scheme to Defraud, Conspiracy, Grand Larceny, Criminal Tax Fraud and Falsifying of Business Records;
  • The NYC Mayor's election, already made ridiculously complicated by Ranked Choice Voting, went sideways last week after it was discovered that 135,000 sample ballots were accidentally included by NYC election officials in the weeks-long, impossible-to-oversee RCV tabulation procedure;
  • Arizona's months-long "audit" theater was extended yet again, as the rightwing, QAnon conspiracy company called Cyber Ninjas continued its secret examination of 2.1 million ballots cast during last year's Presidential election in Maricopa County (Phoenix). That's the partially taxpayer-funded clown show that, as I reported weeks ago now, according to the Ninjas' own documents [PDF], allows them to miscount a MINIMUM of 42,000 votes without setting off any internal alarm bells, in a race that was decided by a statewide margin of just 10,000 votes;
  • And, the Dept. of Justice called on Congress to adopt new laws to protect voters after the GOP's stolen and packed U.S. Supreme Court ended their term last week by undermining democracy and the U.S. Constitution yet again.

In Brnovich vs. DNC [PDF], the Court's 6 to 3 Republican majority overturned a lower appeals court decision that had blocked two new restrictions on voting in Arizona. One barred the counting of ballots cast by voters in the wrong precinct and the other banned the collection of ballots by third-parties (derisively known as "ballot harvesting" by Rightwingers implying it's used by minorities to defraud elections...despite the lack of any evidence in support of that assertion). Both laws were shown to have disproportionately impacted minority voters in the state. That is supposed to be barred by Section 2 of the Voting Rights Act. But, writing for the Court's majority, activist Justice Samuel Alito made up new "guidelines" that ignore both Congress' intent in its passage of the VRA and the Constitution's own plain language that "Congress shall have the power to enforce" the 15th Amendment decree that "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."

So, how will the Court's ruling in Brnovich, allowing for discrimination in voting laws, effect the spate of pending challenges to new voter suppression laws now being enacted by GOP-controlled states around the country? What, if anything, can Congress do about it? And, if they do, will this hard-right anti-democracy Court allow any such new laws to stand?

We're joined today to discuss all of that and more by longtime public interest attorney ROBERT BRANDON, President, CEO and co-founder of the Fair Elections Center. He describes the Republican Justices' opinion as "a real departure" from the claims of so-called originalism and Constitutional textualism --- a literal reading of the plain words of the Constitution --- which the rightwing Justices have long pretended to believe in. This decision, he explains, is "clearly is going to make it harder to challenge and defeat, in court, the laws that disenfranchise the most Americans, particularly black and brown voters, and other marginalized voters. In the case of Arizona, including disabled voters, who often need help delivering their ballots."

Alito's ruling, according to Brandon, essentially says "discrimination is okay as long as it's not a whole lot." But Brandon also explains why the Court's decision, as terrible as it is, doesn't necessarily mean that the multiple legal challenges to dozens of new GOP suppression laws adopted since last year, in the wake of Trump's evidence-free Big Lie that the election was stolen, will fail.

"It's a great irony, of course, that we just had the highest turnout election in history," he says, "yet now we're talking about adding all of these new barriers to voting around the country."

Finally, on this four-day work week following the Monday Independence Day holiday, a new analysis of a years-long study in Iceland finds that productivity either remained the same or improved in the majority of workplaces when the work week was cut to just four days. How can we get this progressive idea --- now also being studied in Spain and New Zealand, and found to benefit workers' health and lives without harming corporate bottom lines --- adopted here in the U.S.? Working on it...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Legal reporter Mark Joseph Stern; Also: NYC mayoral primary will take weeks to tally by RCV system; Socialist wins upset in Buffalo mayoral primary; Dems 'not deterred' by GOP filibuster of voting rights bill...
By Brad Friedman on 6/23/2021 6:00pm PT  

On today's BradCast: The Republicans' stolen and packed U.S. Supreme Court handed down a bunch of new decisions today. New York's primaries elections were very interesting in both NYC and Buffalo on Tuesday. And Congressional Democrats vow to fight on for voting rights after Senate Republicans, as expected, used the filibuster to block debate on protecting voting rights. [Audio link to full show follows this summary.]

First, on yesterday's primaries in NY, the race for Mayor in New York City featured almost 15 candidates. But, under the city's new Ranked Choice Voting system, as we explained on yesterday's program, it could take weeks before we are told who the winner is. Whether voters will have confidence in those results --- after weeks of the virtually-impossible-to-oversee RCV counting (and recounting) system --- is anyone's guess. For the moment, a fairly conservative law-and-order candidate, Eric Adams, leads the pack in the ongoing first round of tallying, with about 32 points. He's followed by progressives Maya Wiley and Kathryn Garcia with 22 and 19.5% each, respectively. Andrew Yang is in fourth place with almost 12% of the vote. As none of the candidates received more than 50 percent, however, the Ranked Choice tallying will soon begin. When it ends, and who wins, is anybody's guess. Yes, even though Yang conceded after his 4th place finish, he could still end up winning under the confusing RCV process. And the winner of the Democratic primary is almost certain to be the next Mayor of NYC.

Meanwhile, up in Buffalo, New York's second largest city, India Walton, a 39 year-old African American socialist with no experience in political office, unseated the city's four-term Democratic Mayor Byron Brown in a huge upset. If she wins the general in November, Walton will be the first socialist mayor of a major city since 1960, after unseating an incumbent Buffalo Mayor for the first time since 1961. Brown, however, reportedly is considering a write-in campaign this fall against Walton, given that there will be no Republican for her to face on this year's ballot in the heavily Democratic city.

Down in D.C. on Tuesday, the Democratic majority in the U.S. Senate "won" the vote to proceed with debate on their sweeping elections, voting rights and campaign reform bill known as For the People, when all 50 Democrats stuck together to vote in favor. But they lost anyway, because Republicans, for their part, all voted against debating voting rights, even as state level GOP legislatures are adopting bills all across the country to restrict such rights. 60 votes would have been needed to overcome the Republican filibuster in the Senate, where Senators representing a tiny majority of Americans (about 20 percent, according to Ari Berman), have the ability to block any and all legislation offered by Democrats, whose 50 Senators represent some 43 million more Americans than those represented by the 50 Republicans in the upper chamber. Nonetheless, Majority Leader Schumer, President Biden and House Speaker Pelosi all vowed to fight on, with Pelosi announcing that Dems would "not be deterred"; Biden declaring "this fight is far from over"; and Schumer promising that Tuesday's vote "was the starting gun, not the finish line."

For any of that to be true, however, West Virginia's Joe Manchin and Arizona's Kyrsten Sinema, at the very least, would have to agree to change the rules for the Senate filibuster. Dems hope that voters may help convince them to do so over the Independence Day recess, given that For the People is supported by some 68% of American voters.

Next, we're joined by the always-great MARK JOSEPH STERN, legal reporter at Slate, to discuss, among other things, the decisions handed down today at SCOTUS, as the Court wraps up this year's term at the end of the week. Despite the 6 to 3 advantage for rightwingers on the Republicans' stolen and packed Supreme Court (because Republicans were more than willing to kill the filibuster in order to accomplish it!), Chief Justice John Roberts, once again, managed to produce largely consensus decisions on all but one of the opinions released today.

Among those opinions, as explained and analyzed by Stern, was a very troubling ruling that kneecaps union organizing rights across the country. That one, which Stern notes "is very over the top" and makes up "a completely new rule that did not exist before," was the one decided by the rightwingers' 6 to 3 vote. It continues the Roberts Court's relentless erosion of labor rights. But there were also reasonable decisions handed down on police powers to enter your home without a warrant and on a high school's punishment of a cheerleader who used the F-word on Snapchat over a weekend while she was in 9th grade. One other decision was also released today, allowing President Biden to replace Donald Trump's terrible director of the Federal Housing Finance Agency (FHFA), which oversees mortgage giants Fannie Mae and Freddie Mac.

"There's enough credit to go around here," says Stern, in response to my question about whether Roberts deserves credit for some of the narrow decisions that were able to overcome a bitterly divided Court without causing too much damage to longstanding rights and precedent. "I think Chief Justice John Roberts is in the driver's seat on some of these compromise decisions. But I think that, to some degree, Justices Kavanaugh and Barrett are willing to go along, and so are the liberal justices. I think a lot of these decisions involve compromise on both sides. Some of them include some bitter pills for the left or the right to swallow, but at the end of the day, six justices are trying their best to duck the big issues, and issue really small decisions that don't ruffle too many feathers."

The fallout so far this term, the first with the GOP's 6 to 3 advantage, was "not as terrible as it could be." Though, Stern cautions, "It's not over yet. There are still some major decisions coming down the pike. And no matter what happens, we've still got next term with guns and abortion, of course."

The biggest decision this term, however, may be whether or not 82-year old Justice Stephen Breyer is going to step down to allow President Biden to nominate someone younger to fill his seat while Democrats hold the majority in the Senate, or whether he's going to pull a Ruth Bader Ginsburg and wait to leave the Court, one way or another, after Republicans have regained a majority in the upper chamber. Given that the Senate's Republican leader Mitch McConnell has already indicated he is unlikely to ever allow a Democratic President to fill a Supreme Court vacancy while Republicans hold a majority, we both hope that Breyer will take McConnell at his word, and get out now while the getting is still good.

As usual, it's another jam-packed BradCast. Enjoy!

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Also: Juneteenth now a federal holiday! And SCOTUS allows religious discrimination against same-sex couples, but it could have been worse...
By Brad Friedman on 6/17/2021 6:43pm PT  

The news just isn't slowing down in these "slow news days of summer". At least not on today's BradCast. But at least much of that news is actually good, including more progress today toward protecting democracy in the U.S., as per the shifting whims of Lord and Senator Joe Manchin. [Audio link to full program follows below this summary.]

Among the many stories covered on today's news-chocked program...

  • Who says Congress can't move something quickly when they want to? Juneteenth, commemorating the end of slavery in the U.S. in 1865 --- albeit at least two and a half years after it was supposed to have ended with the Emancipation Proclamation, is now an official federal holiday. President Biden signed the new law for our nation's 12th federal holiday on Thursday, after the U.S. House overwhelmingly adopted the measure on Wednesday (with all but 14 shameful, white, male Republicans voting in favor), after unanimous passage in the U.S. Senate on Tuesday. Since June 19thfalls on a Saturday this year, the new holiday will officially be observed tomorrow! That was fast! See? Congress CAN move quickly when they try! Unless you consider the hundreds of years of slavery in this country and the more than 150 years it took for a holiday to commemorate its final end. Never mind that comment earlier about Congress moving "quickly."
  • The latest attempt by shameful white, male Republicans to kill the popular Affordable Care Act (better known as ObamaCare) was rejected by the U.S. Supreme Court today. The law has helped tens of millions of Americans obtain access to heath care, and hundreds of millions more Americans by, among other things, making it unlawful for insurance companies to reject customers due to pre-existing conditions. The stupid attempt by a bunch of GOP-Controlled states to find the entire bill unconstitutional was rejected by SCOTUS today with a 7 to 2 vote, after finding the states represented by white, male Republicans were not harmed by the law and, therefore, had no standing to challenge it. That, after a series of white, male Republican lower court judges had used a ridiculous claim made by the GOP states --- and countered by the actions of REPUBLICANS in Congress themselves(!) --- to strike down the entirely of the landmark 2010 law as unconstitutional. We explain how this third attempt to have SCOTUS do what Congress would not, has gone down, yet again, in flames.
  • Meanwhile, the fight to pass federal voting rights protections to counter new GOP voter-suppression laws at the state level moved one small step forward again today. Yesterday, West Virginia Democrat Joe Manchin --- the only Dem in the Senate who is not a co-sponsor of the sweeping election and campaign reform bill known as the For the People Act (even though he co-sponsored the same legislation in 2019) --- offered a compromise proposal [PDF] for the bill that he recently declared that he opposed. As we discussed on yesterday's show, his compromise proposal is not horrible and Dems should work quickly to get some version of it to a floor vote! UC-Irvine's election law expert Rick Hasen last night penned a column at Slate which sounded almost exactly like our coverage yesterday, urging Dems to leap at this opportunity, with his first paragraph arguing: "Democrats should grab the deal, even though it is not perfect, is still unlikely to pass, and doesn’t yet address the greatest threat in upcoming elections: the danger of election subversion."

    As we discuss today, the original For the People Act, already passed by the House, doesn't "address...the danger of election subversion" either, as that danger is being baked into GOP voter suppression bills around the country, allowing Republican state Legislatures to reverse election results for virtually any reason they like. We explain why Hasen's argument --- at least on that one narrow point --- is a bit misleading, while he is otherwise right on the money.

    At the same time, Georgia's voting rights champion Stacey Abrams has also come out in favor of Manchin's compromise proposal and speaks, as we did yesterday, to the concerns that some may have about Manchin's inclusion of a "Voter ID" provision. She explains, as we did, that his provision on Voter ID is not really a huge concern --- as some Dems and/or voting rights advocates may view it --- in that Manchin's proposal allows other means for voters to identify themselves beyond a strict, small, very limited list of acceptable Photo IDs. He cites, for example, "utility bill, etc." as acceptable means of identification to vote, in line with the already-existing rules in a majority of states. Such reasonable requirements that do not prevent voters from voting are a far cry from the strict Photo ID restrictions adopted by some GOP states meant not to prevent fraud, but to prevent voting (by certain people who may lack the specific type of ID that Republicans are purposely requiring in hopes of disenfranchising them.)

    Of course, even if all 50 Senate Dems come to an agreement on a version of For the People that they can accept, it would still require 10 Republicans coming on board in the Senate to defeat a GOP filibuster. As that remains a virtual impossibility, reform of the filibuster would still be needed for passage of this bill, and, unfortunately Manchin leads the opposition on that as well. However, as a recording of a Zoom teleconference with the so-called "centrist" group No Labels (actually a big money conservative Dem and moderate-ish Republican business group) reveals, Manchin is not quite as against filibuster reform as he has made out publicly, at least when he is not speaking to big money business donors. Lee Fang and Ryan Grim from The Intercept obtained audio from that Zoom session, wherein Manchin suggests his potential openness to lowering the filibuster threshold from 60 to 55, or to force a 41 person minority to stand up and make their case against a bill they oppose and explain what they object to, rather than require those in favor of the bill to come up with 60 votes.

    Again, more progress. Too slow, to be sure --- especially with the dangers of the 2022 mid-terms looming --- but progress nonetheless, which those claiming to be progressives should certainly be in favor of!

  • Finally, Desi Doyen joins us for our latest Green News Report which, like the rest of today's show, is simply chocked full of news, both good and bad, as the fight against our ongoing climate emergency continues...

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Huge, hard-fought win for the environment on KeystoneXL; Another fight builds in MN over another tar sands pipeline; Mr. Biden goes to Europe (not a moment too soon); TX's corrupt A.G. faces still more legal trouble...
By Brad Friedman on 6/10/2021 6:45pm PT  

Today's BradCast is dedicated to the protester Davids who defeated a fossil fuel Goliath after a 13-year fight to help save us all. Thank you, protesters! And please keep going! Humanity needs you! [Audio link to full show is posted below summary.]

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

  • It was a huge, hard-fought, well-deserved win for the unprecedented coalition of environmentalists, tribes, scientists, farmers, ranchers, and even a few journalists, behind the defeat of TC Energy's enormous, dangerous KeystoneXL Pipeline. For 13 years, the company, formerly known as TransCanada, had fought to build a 1,200 mile pipeline to send 830,000 barrels each day of toxic, sticky tar sands crude from Alberta, Canada to refineries in Texas for export overseas. For 13 years, protesters stood up against the project, which threatened rivers, streams, native lands, farms, drinking water aquifers and the climate itself. One of the nation's greatest climate scientists James Hansen warned in 2012 that if the Alberta tar sands are full developed, via projects like KXL, it would be "game over for the climate". After President Obama canceled the pipeline's permit due to the damage it would cause for the environment via climate change, it looked to be game over for KXL itself. But then Donald Trump got elected and reversed Obama. When Joe Biden took office, he cancelled the permit once again as one of his very first actions, and has refused to back off, despite pleas from both Canada and the company. On Wednesday, TC Energy finally gave up the game. The KeystoneXL Pipeline is now really, truly dead. We all owe the coalition of protesters and activists a huge thanks. But the fight now continues elsewhere...
  • In Minnesota this week, a similar coalition of activists stood up demonstrations against another Canadian company named Enbridge Energy, which is replacing a 1960's era pipeline called Line 3, said to be deteriorating and unable to operate at full capacity, with a steel reinforced pipe the same size as KXL's. Also like KXL, the upgraded Line 3 would also pump more than 800,000 barrels a day across thousands of rivers, streams and native lands from the Alberta tar sands to Wisconsin. So the protesters are back at it. Hundreds were arrested during protests this week, even as a helicopter from the federal Border Patrol (unlawfully?) buzzed over them from about 20 feet, kicking up dust and debris on more than 1,000 peaceful demonstrators. They are calling for President Biden to take similar action on Line 3 that both he and Obama took in lifting permits for KXL. The Administration has yet to take a position on Line 3, but protesters are back at it, with some blocking off the entrance to a construction site this week, by parking --- and spending the night chained to --- a boat named "Good Trouble" that they parked in front of one of the Enbridge construction sites. We cover that critical new battle today.
  • These actions to save the environment are for good reason, as we are currently seeing very clearly in the Southwest, which is facing another record "megadrought" right now. Lake Mead --- the nation's largest reservoir, which provides water for agriculture and human consumption to seven states --- is at its lowest level since it was built in the 1930s. Water cutbacks are already in place and likely to become much more severe by August if the lake's level, which sits on the border of Nevada and Arizona continues to drop. More than 86% of AZ is already under "extreme" or "exceptional" drought. Power supplies in the region are also likely to be affected, as Mead supplies water to Hoover Dam, which has already cut back electricity generation due to the low water levels. In California, reservoirs are now at 50% of normal capacity, with mountain snow-pack already gone two months earlier than normal, vegetation moisture at record lows, Summer just beginning and fire season set to begin as early as this month. All of this, thanks in no small part to man-made climate change due to the burning of fossil fuels like the ones that won't being flowing through the KeystoneXL and --- if environmentalists win more battles --- through massive pipelines like Line 3 or Dakota Access. This fight matters. Not only for the future, but for the immediate present, as those of us out West can attest right now.
  • Meanwhile, overseas, President Biden is kicking off his first trip as President, meeting with British Prime Minister Boris Johnson today, after speaking to U.S. troops about the importance of reinforcing democracy over rising autocracy upon his arrival in Europe yesterday. Johnson warmly welcomed Biden as the two leaders today reaffirmed their nations' "special relationship" by renewing the World War II era Atlantic Charter signed by FDR and Winston Churchill.
  • BoJo wasn't the only one to welcome America's new President. A new survey out today from Pew Research Center underscores the support by the publics of 16 economically developed nations who couldn't be happier to see Biden in place rather than Trump, after trust in the U.S. overseas fell to historic lows under the previous President. We cover some of the striking numbers from Pew today, including, for example, the 75% of respondents who express confidence in Biden to "do the right thing regarding world affairs", versus the paltry 17% in the same countries who thought as much about Trump. Overall favorability for the U.S. skyrocketed 23 points since last year, but other numbers from the survey suggest the U.S. still has a long way to go to in restoring their leadership role after damage done to the nation and the world during Trump's failed tenure.
  • Texas' corrupt Attorney General Ken Paxton is facing still more trouble. Sad! The state's top law enforcement official is already facing multiple indictments on felony securities fraud in Texas, even as the FBI is now investigating him for abuse of power, following a complaint to the feds by eight of his own top staffers. Now, as AP reports in an exclusive today, Paxton is also in trouble with the Texas Bar Association, which is investigating a complaint brought after the frivolous lawsuit he filed at the U.S. Supreme Court last year to overturn the Presidential election results in four states won by Biden. That case --- which the state's own solicitor general refused to represent at SCOTUS --- was thrown out by the high court. Now Paxton faces potential disbarment in the Lone Star State, even as he faces a primary challenge from George P. Bush (Jeb's kid) before next year's election.
  • Finally, Desi Doyen has more on both the KeystoneXL victory and Line 3 protests in our latest Green News Report, with still more news on the G7's feeble efforts to support renewable energy last year and the collapse --- and restart --- of Biden's negotiations with Congressional Republicans on his massive and long-overdue infrastructure proposal...

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After WV's Dem Senator comes out against democracy and filibuster reforms, Democrats --- and democracy --- have a very real problem...
By Brad Friedman on 6/7/2021 5:56pm PT  

On today's BradCast, the bleak news about Democratic Senator Joe Manchin's willingness to participate in saving American democracy itself took its darkest turn to date over the weekend. [Audio link to full show is posted below summary.]

Republicans have absolutely no interest in cooperating with Democrats in the U.S. Senate on pretty much anything supported by Joe Biden or the Democrats, as Missouri's GOP Senator Roy Blunt (4th highest ranking Republican in the Senate) accidentally revealed on Meet the Press over the weekend. Few noticed, as they were distracted by Blunt's comments about Donald Trump's continuing lies about the 2020 election being stolen.

Nonetheless, President Biden is still going through the motions of negotiating with Republicans on his $2.25 trillion infrastructure proposal (now negotiated down to $1 trillion in Biden's most recent offer/sacrifice to the GOP), and West Virginia's Democratic Sen. Joe Manchin is still pretending that Republicans will somehow magically decide to cooperate with Democrats on anything in a bipartisan manner --- if only Democrats would just wish hard enough for it.

On Sunday, Manchin published an op-ed in the West Virginia Gazette-Mail, singing his own praises for overseeing election reforms with the addition of early voting in his state "in order to provide expanded options for those whose work or family schedule made it difficult for them to vote on Election Day," when he served as WV's Sec. of State. Nonetheless, in the same op-ed, he declared his opposition to mandating early voting for all 50 states by declaring his opposition to the For the People Act, despite all 49 of his Democratic colleagues in the Senate signing on as co-sponsors. That bill --- also known as H.R.1 and S.1 --- would mandate, in addition to early voting, no excuse absentee voting for all, an end to gerrymandering and place curbs on dark money in campaigns, along with a mountain of other long-overdue reforms to help counter many of the voter suppression laws now being moved by Republicans through dozens of states they control.

In the op-ed, Manchin argues correctly that "The right to vote is fundamental to our American democracy and protecting that right should not be about party or politics" and "should never be done in a partisan manner." He even decries "state laws that seek to needlessly restrict voting [and] politicians who ignore the need to secure our elections."

That, before he counterintuitively goes on to declare that he "will vote against the For the People Act" and "will not vote to weaken or eliminate the filibuster" needed for its passage by a simple majority. Doing so, he argues, "will destroy the already weakening binds of our democracy" and somehow violate our founders' "specific checks and balances to force compromise that serves to preserve our fragile democracy."

But the founders said nothing about an undemocratic filibuster process in the Constitution. That Senate rule added and amended many times over the years, now mandates 60 votes for passage of any legislation, allowing the minority party to obstruct the will of the majority, even when that majority is attempting to protect voting rights being restricted on a partisan basis at the state level by Republicans.

If Manchin is unwilling to support the For the People Act or reform the filibuster to allow passage of measures like it with a simple majority, the hope for saving democracy at the federal level appear dead in the water for now, along with much, if not all, of the Biden Agenda from here on out through at least the 2022 elections.

Manchin does, however, support the John Lewis Voting Rights Advancement Act to restore the central provisions of the Voting Rights Act of 1965, gutted by Republicans on the U.S. Supreme Court in 2013. He believes that bill can be passed on a bipartisan basis. His evidence? One single Republican --- Lisa Murkowski of Alaska --- has said she would be willing to support the measure. One Republican. That's great, Joe! Just 9 more such Republicans are needed to overcome the GOP's filibuster! We're not holding our breath. Manchin also told us he was confidence that 10 "patriots" from the Republican Party would come on board to support a commission to investigate the deadly January 6th attack on the U.S. Capitol --- and democracy itself that day. Only 6 Republicans did. So the measure failed, even with a majority vote of 54 to 35 in favor.

So what can be done about this maddening, depressing, distressing --- and somewhat terrifying --- turn of events between now and next year's mid-term elections, which will otherwise be run under severe new state-level, partisan GOP voting restrictions, many of which will now allow Republicans to overturn results entirely on a whim? To be honest, I'm pretty much out of ideas at the moment, so we open up the phone lines to listeners to see if they might have any idea about how to move forward and save democracy in light of Manchin's obstruction on today's maddening BradCast...

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Guest: Marilyn Marks of Coalition for Good Governance; Also: SCOTUS takes up abortion; Gaetz in trouble; Israel bombs AP's building in Gaza...
By Brad Friedman on 5/17/2021 6:54pm PT  

As AP reports today, a new lawsuit "against [Georgia's] secretary of state and the members of the State Election Board was filed in federal court in Atlanta by county election board members, individual voters, election volunteers, nonprofit organizations and a journalist." As broken on today's BradCast, that journalist is me. [Audio link to full show is posted below this summary.]

I am one of the several named plaintiffs in the 200-page suit [PDF] filed in U.S. District Court on Monday seeking to block a number of outrageous and dangerous provisions in the state GOP's new voter-suppression bill. While the measure, SB202 [PDF], adopted by GA Republicans, does a lot of terrible stuff, some of which is well known by now (making it harder to vote by mail, banning absentee drop boxes, blocking the distribution of food or water on long voting lines), much of which will disproportionately suppress minority voters, there are a number of other provisions which are simply jaw-dropping, but have not yet been challenged in the several suits previously filed against the law by a number of civil rights and voting rights groups.

My part in the suit, filed today by the non-partisan, non-profit, indispensable Coalition for Good Governance, revolves around press freedoms which are outrageously and unconstitutionally trampled by SB202. In fact, as discussed on the show today with the Coalition's Executive Director, MARILYN MARKS, no small amount of the detailed reporting we have done here over the years focused on Georgia has now been criminalized by the new statute!

As detailed in the complaint (see the section on "Plaintiff FRIEDMAN" beginning on p. 101), it is now unlawful to report on "mail balloting discrepancies or security concerns that he or The BRAD BLOG or BradCast journalists may personally observe as members of the press"; "Plaintiff FRIEDMAN will be injured because the party appointed observers he has relied on to supply first-hand accounts...are are prohibited under penalty of misdemeanor from reporting their observations" on Georgia elections to me; As Marks explains, photographs that I or others may have taken in a polling place and used on the blog would be illegal; Observers from the media watching the tallying of absentee ballots will be committing a crime just by reporting on how many ballots they are "estimating" or "attempting to estimate" have been counted or are left to be tallied, according to the language of the hastily written SB2020 ("It's a thought crime!," Marks charges. "Literally, it says you cannot 'estimate' or 'attempt to estimate' anything about votes in the ballot processing room for mail ballots!"); Video interviews or photographs taken inside of counting rooms or in polling places in front Georgia's giant, new, unverifiable touchscreen voting systems could be evidence of a felony(!) under the new law, which poll workers, poll watchers, media observers and even voters could now be charged with under state law!

"On BRAD BLOG," Marks observes, "you frequently post a picture, many a picture of election activity, including people in the mail ballot rooms looking at hand-marked voted ballots. To take a picture of a ballot now is a misdemeanor." Yes, those posted photos would now be evidence of a crime. "You would not be permitted to take a picture of anonymous ballots. We see thousands of pictures, every election, of voted ballots being counted. But for some reason --- I guess we know what reason --- they are criminalizing it."

Yes, the photo used above, as taken from the complaint's numerous examples, of voters voting at Atlanta's State Farm Arena last year in Fulton County, could be used as evidence of a felony by the Reuters photo-journalist, Chris Aluka Berry, who took it.

As the suit notes, "Plaintiff FRIEDMAN is already injured by SB202 because the criminalization of constitutionally protected activity has a chilling effect on his exercise of First Amendment rights" and because "Plaintiff FRIEDMAN is threatened with injuries arising from SB202’s prior restraints on his First Amendment right of free speech and right of freedom of the press."

We have "reported on Georgia election integrity and election security hundreds of times over the last almost twenty years," the lawsuit accurately explains. Much of that coverage could now constitute a state crime under this horrible, unconstitutional law. "I have a feeling they will find any little tripwire they can about the two of us," Marks tells me. "If you were complimentary toward Georgia, I don't think you'd have any problems."

This BradCast, for example, from June of last year, featuring a Democratic Party post-election adjudication observer (and now co-plaintiff in this suit) Jeanne DuFort --- breaking the news of her discovery that GA's new Dominion tabulation computers were failing to count votes on tens of thousands of ballots --- would have been a crime in several ways, according to the state's new law.

There are other provisions in SB202 of concern as well --- beyond those being challenged in several of the voting rights lawsuits --- as Marks explains in the Coalition's press release today, from the law's "Takeover Provision" that permits bi-partisan County Elections Boards to be removed entirely and replaced by a single partisan, for virtually any reason (even minor infractions by a low-level worker up to four years ago!) to a few items we didn't have time cover on today's show, like the impossible new deadlines for requesting absentee ballots (in cases before a run-off election, the deadline to request such a ballot for it will now end before the original election is even certified to include a run-off!) and more.

As AP highlights in its report today, the suit argues: "Liberty requires at least three essential things — an unfettered right to vote, freedom of speech, and the meaningful separation of powers. This lawsuit is necessary to preserve individual constitutional rights, and constitutional government, against the attacks that SB202 makes on these three pillars of liberty."

Marks elucidates today on "Those three pillars of liberty: the right to vote, the right to free speech, and the right to separation of powers. What's happening here is the first one that they are violating is that separation of powers. That is a key one. Once they grab all of the powers, they close the doors. Yeah, they still have to deal with the pesky press and pesky watchers, but not anymore --- not if they criminalize your reports."

So, yeah. Even as its strange to become a part of a story I've been covering for so long, I am very proud to be a plaintiff in this lawsuit against SB202, which Georgia's Republican Governor and Sec. of State falsely claim "makes it easier to vote and harder to cheat". In truth, Marks told me off air after the show, the opposite is true. "It makes it harder to vote and easier to cheat," she said.

Also today, the GOP's packed and stolen U.S. Supreme Court announced it's taking up Mississippi's restriction on abortion rights that was blocked by a lower court. This is not good news for freedom lovers and those who oppose Big Government coming between a woman and her doctor; A former elected Florida official who is a buddy of Rep. Matt Gaetz has agreed to a federal plea deal that requires he tells federal prosecutors all that he knows about Gaetz' alleged sex trafficking of a minor; And in Gaza City over the weekend, Israel outrageously targeted and destroyed a 12-story high-rise building housing AP's office for the past 15 years. It's top floor cameras have been the eyes for the world, witnessing, as the news agency reported this weekend, "24-hour live shots as militants’ rockets arched toward Israel and Israeli airstrikes hammered the city and its surrounding area this week."

Those cameras will no longer be there to bear witness to the world. As AP's President noted in a statement describing the attack as "shocking and horrifying" on Saturday, "The world will know less about what is happening in Gaza because of what happened today."

And, in Georgia, if SB202 is allowed to stay in place, the world will know less about what is happening in the Peach State's elections because of it. As in Gaza, I suspect that is the point...

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Guest: NRA expert and author Igor Volsky of Guns Down America; Also: Minors held in Border Patrol custody plummet 90%, media downplays; Trump kids still grifting tax-payer money from Secret Service detail...
By Brad Friedman on 5/5/2021 6:54pm PT  

On today's BradCast, the end sure seems nigh for the indescribably corrupt, terrorist-supporting National Rifle Association, after some big news out of a federal courtroom in Texas this week. If it's too soon to discuss the news, I hope they'll understand that we're sending them our thoughts and prayers. [Audio link to full show is posted at end of summary.]

But first up, some more good news today, even if you'd be forgiven if you hadn't noticed, given the lack of media coverage. The Secretary of Homeland Security, Alejandro Mayorkas, announced this week that the Biden Administration has "drastically reduced" the number of unaccompanied minors being held in Customs and Border Patrol facilities by nearly 90% over the past month. From almost 6,000 at the end of March --- when much of the non-wingnut corporate media had taken their cues from the wingnut media to declare a "Biden Border Crisis!" --- to fewer than 600 children held in CBP cages as of Tuesday. After covering the "crisis" in breathless headline after breathless headline at Washington Post over the past month, the paper noted the good news in an 8 paragraph squib that is almost impossible to find amid a long blog page of Tuesday news items, and comes days after both CNN and NYTimes and others (though probably not Fox "News") had already noted the development.

Then, some more news that --- given everything else going on --- has flown a bit under the radar. Amid the NRA's ongoing bankruptcy trial in federal court in Texas, a U.S. Dept. of Justice official from the U.S. Trustees office --- which enforces federal bankruptcy law --- has told the judge she opposes the gun group's petition for Chapter 11 protection. The unusual declaration may all but quash the NRA's hopes of going into bankruptcy in a corrupt scheme to avoid legal accountability in New York. State Attorney General Letitia James sued the NRA last August to dissolve the state's 150-year old "charitable" organization, due to wildly corrupt violations of the state's charter for non-profits. The NRA had hoped to receive bankruptcy protection from the federal government in order to duck the suit by closing shop in NY and reestablishing themselves in Texas, which apparently welcomes cartoonishly corrupt "non-profits" with open arms. (With a state Attorney General who is currently under indictment himself for state felony securities fraud and facing a broadening FBI criminal probe for corruption of his office, that should come as little surprise.)

The latest NRA news, of course, was a stunner to the group as it was revealed in court near the end of their trial this week. It also comes on the heels of another series of mass shootings in recent months. But good luck finding any news in recent years that doesn't. It does underscore, however, the absurd scam that the NRA's Wayne LaPierre has been pulling off against his own duped members for decades now (with millions of dollars in expensive vacations, hundreds of thousands of dollars spent on fancy suits, sweetheart contracts for himself and his friends, all on the NRA's dime) and the far worse con that they've been pulling off on the American people in their corrupt, willful misinterpretation and lies about the 2nd Amendment.

The late, conservative U.S. Supreme Court Chief Justice Warren Burger knew about it. He said during an interview in 1991, the 2nd Amendment had been "the subject of one of the greatest pieces of fraud on the American public by special interest groups that I have seen in my lifetime." The current Chief Justice, however, may be willing to play along with that fraud in an upcoming NRA challenge, just accepted by the Court last week, that may upend more than 100 years of state gun laws barring weapons carried outside of the house without a permit.

We're joined today to discuss all of that --- and how, and if, Joe Biden and the Democrats can possibly take action on gun safety legislation in this environment --- by IGOR VOLSKY, author of Guns Down: How To Defeat The NRA And Build A Safer Future With Fewer Guns. He is founder of Guns Down America, and details today the astonishing news emerging from the NRA's attempt to escape accountability in NY, while suggesting that this may really be the end for the NRA gun lobby as we know it.

He accused me "understat[ing] the kind of revelations we've heard from the bankruptcy trial, in which Wayne LaPierre, NRA board members and many other top NRA officials admitted to many of the just jaw-dropping allegations that were made against it by the NY Attorney General. Just to underscore, one the admissions that really stunned the courtroom was the current NRA president admitting that she shred and burnt documents because she feared they could be used against the organization."

"The great fear, according to insiders, that at least Wayne LaPierre has, is that the next wave of charges are going to be criminal and that he's going to find himself in an orange jumpsuit," Volsky reports.

"They also took a very unusual approach for an organization that claims they can no longer pay their bills," he says. "They publicly said they're as strong as they've ever been, they're still the nation's premiere gun rights organization, but that they were simply using this maneuver in order to get outside of the New York Attorney General's jurisdiction and move to Texas, where the laws are much weaker. That's not how one uses bankruptcy. That's not the way bankruptcy law works." It's also very likely another violation of the law.

So, what do its members think of all of this? And who will replace the NRA if they really are shut down for good? Those are among the separate questions we discuss as well, along with much more related to this topic.

Finally, speaking of rightwing grifters, good government group Citizens for Ethics and Responsibility in Washington (CREW) has obtained records from the Secret Service, suggesting that, while Donald Trump may no longer be in office, he is continuing to steal a whole lot of tax-payer money for himself and his company. While the children of most Presidents no longer receive Secret Service protection after a new President is sworn in, before leaving office, Trump signed off on protection for his kids and three top appointees for and additional six months. Those kids do a LOT of travel and spend a LOT of time at Trump-owned properties --- in Bedminster, NJ, Palm Beach, FL, and Briarcliff, NY, to name a few --- and when they do, guess who receives tens of thousands of dollars from the Secret Service for accommodations?

Yup. The Trump grift never ends...

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Guest host Nicole Sandler with Sen. Mazie Hirono (D-HI) and Ruth Bader Ginsberg's co-author Amanda L. Tyler...
By Nicole Sandler on 4/30/2021 4:34pm PT  

Brad & Desi are out today. They’re getting their second Moderna vaccine. Hopefully any side effects they get will be long gone by Monday. Anyway, that's why it's me here today, NICOLE SANDLER once again guest hosting The BradCast.

After a look at the latest news, we salute great American women today! I was inspired Wednesday night by the sight of the first female VP sitting behind the President at the (not) State of the Union address, next to the first female Speaker of the House. Their elbow bump was historic!

So today, I feature two fabulous powerful female guests.

First up is Democratic SEN. MAZIE HIRONO of Hawaii. She just released her first book, Heart of Fire: An Immigrant Daughter’s Story. She’s become one of the more outspoken Senators on the Dem side in her second term. She's up for re-election again in 2024.

If I had to pick one American woman alive during my lifetime who I’d like to interview, it's hands down Ruth Bader Ginsburg. Obviously, that's no longer possible. But in her final months, Ginsburg enlisted one of her former clerks, now a law professor at UC Berkeley, AMANDA L. TYLER to help her compile her swansong.

The book, attributed to both women, Justice, Justice Thou Shalt Pursue: A Life's Work Fighting for a More Perfect Union, is a collection of Ginsburg's lectures, briefs, oral arguments and Supreme Court decisions that she felt best represented her body of work...

CLICK TO LISTEN OR DOWNLOAD SHOW!...




Also: Biden declares Armenian 'genocide'; SCOTUS takes up guns; DoJ probes Louisville policing; Admin's new child hunger program; AZ's non-transparent 'recount'; Callers assess the Prez...
By Brad Friedman on 4/26/2021 6:54pm PT  

On today's BradCast: We've got a lot of news to catch you up on from over the weekend --- and from today alone --- before we open the phones to listeners to ring in on Joe Biden's first 100 days in office. [Audio link to full show is posted below.]

First up, today's news...

  • Over the weekend, Biden officially declared the killing of 1.5 million Armenians by the Ottoman Empire beginning in 1916 to have been a "genocide". U.S. Presidents from both parties have declined to do so for decades, largely out of deference to Turkey, now a major NATO ally. Biden just went ahead and did it, after declaring his intention the day before to the Turkish President. Yes, it's a 100 year old story, in one respect, but not to the Armenian community which has sought such a declaration on the atrocity from a sitting U.S. President for years.
  • The U.S. Supreme Court announced on Monday that it would take up an NRA-backed case next term on the Constitutionality of the right to carry weapons outside of the home, a direct challenge to a century-old New York gun law. Similar statutes are on the books in a number of other states, including Maryland and Massachusetts. Given the news we discussed on last Friday's BradCast about the appalling 6 to 3 opinion issued by the GOP's stolen and packed SCOTUS last week --- and, in lieu of Democrats figuring out how to reform the Court to expand and unpack it --- today's news likely comes as a foreboding sign for gun safety advocates.
  • The U.S. Dept. of Justice on Monday announced a sweeping new "patterns and practice" probe of policing by the Louisville-Jefferson County Metro Government and Louisville Metro Police Department in Kentucky, following the middle-of-the-night 2020 police killing of 26-year old Breonna Taylor in her own home during a no-knock raid. The warrant was approved as part of a narcotics investigation which turned up no drugs and for which the City of Louisville has already agreed to a $12 million settlement after the police killing of the African-American emergency medical technician last year.
  • The Biden Administration is announcing the launch of an historic $12 billion summer food program to feed lunch to more than 30 million low-income children, as part of the recently passed $1.9 trillion American Rescue Plan. The USDA plan, according to experts who study childhood hunger, will go a long way towards feeding children who face food insecurity during summer months, when free school lunches are not available. The initiative comes on the heels of not only a hunger crisis amid the COVID pandemic, but after years of cutbacks to the Supplemental Nutrition Assistance Program (SNAP) and other programs to combat hunger by the Trump Administration. Another upside: Money spent on SNAP goes directly into local economies.
  • In news that broke just before airtime today, the U.S. Census Bureau released its first tranche of new numbers from the 2020 decennial survey revealing that Texas, Florida, North Carolina, Colorado, Montana and Oregon will each pick up Congressional seats in the once-a-decade redistricting process before the 2021 mid-term elections. New York, Ohio and, for the first time in its 170 years of statehood, California, would each lose a seat in the U.S. House. In fact, Texas is picking up two seats, while it, Florida and North Carolina have redistricting processes that are entirely controlled by Republicans, allowing them to gerrymander their states even further than they already are. Many of the Dem-controlled states picking up seats have processes in place that share power with Republicans for redistricting, or have a process controlled by independent commissions to determine new maps.
  • In some news that broke during today's show, California officials have announced that Republicans hoping to unseat the state's Democratic Governor Gavin Newsom in a recall election, have obtained the requisite number of verified signatures needed to hold the recall election for the first-term Governor this fall. More on that story, undoubtedly, in the days ahead.
  • And lastly, before we turn to callers ringing in on Biden's first 100 days, a word about the unusual, ongoing post-election hand-count in Maricopa County (Phoenix), Arizona, where the Republican-controlled state Senate is using tax-payer money to pay a private company named Cyber Ninjas, run by a Trump-supporting IT expert with no experience in elections, to recount the County's 2.1 million ballots from the 2020 election. The count is examining only the results of last year's Presidential race, reportedly won by Biden, and the U.S. Senate race, won by Democrat Mark Kelly. In both cases, it was the first time in decades for Democratic victories. While we are normally in favor of any and all attempts by citizens to oversee the results of their own elections, the Maricopa count is disturbing on several levels.

    For one, it is being paid for by tax-payer dollars, but run by a Trump supporter who, in addition to having no knowledge of elections or election technology, has a record of promoting demonstrably false claims about the election having been stolen by election system vendors, a number of communist counties, and allies of Joe Biden. The company heading up the count is also not using accepted hand-count practices established by the state. And they also refuses to disclose the amount or additional sources of dark money funding that it is receiving to carry out the hand tally. Moreover --- and most disturbing as of now --- is the fact that the tax-payer funded organizers are barring both media and the general public from overseeing the examination of the ballots from the 2020 election (which should, theoretically be protected and remain in state custody, under federal law, for 22 months.)

    I am in close touch with some of the folks who are working as observers on the count --- the ones with actual experience in post-election audits and recounts, unlike the Republicans in charge of this scheme --- and hope to have more information for you on this in the days ahead. There is no rush, apparently. At the rate of counting being carried out by the paid-for counters --- who not only counting, but examining ballots for signs of fraud --- it could take about 15 months to tally all of the ballots, according to one experienced election integrity advocate closing tracking the process.

  • Finally today, in advance of President Biden's first address to a joint a session of Congress on Wednesday night, his 99th day in office, media are rounding up their various assessments of the Administration's first 100 days and grading the President on his performance to date. It seems his bold actions have taken many in both the media and public --- who had previously regarded old Joe as an establishment, institutionalist centrist --- by surprise. We open up the phones to callers to do a bit of the same temperature taking today, to find surprisingly positive reviews for the new President from our usually somewhat cynical and progressive listener base here in Southern California (and, in Minneapolis, Chicago and elsewhere today.)

Enjoy!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Slate legal journalist Mark Joseph Stern; Also: Biden soaring in polls, young voters hopeful again about the future...
By Brad Friedman on 4/23/2021 6:27pm PT  

Today on The BradCast, a very ominous sign from the U.S. Supreme Court. Very. [Audio link to full show is posted below.]

On Thursday, the Court issued a 6 to 3 opinion in Jones v. Mississippi, which shatters years of established Court precedent that had prevented minors from being charged with life in prison without the possibility of parole in all but the most extraordinary circumstances, and where a judge has specifically made a rare finding that the juvenile's "crimes reflect permanent incorrigibility."

But the ruling by the Court this week --- in a case where a boy, Brett Jones, who had turned 15 days earlier, grew up as "the victim of violence and neglect that he was too young to escape," before snapping and killing one of his abusers just after he had abruptly lost access to the medication he took for mental health issues --- is appalling for a host of reasons.

Not only because, at 31 years old, Jones has since become a reformed, model prisoner in every regard (even the widow of his victim has urged the court for his release); Not only for the 6 to 3 majority decision by all 6 Republicans appointed to the stolen and packed Court; Not only for the opinion itself which will consign more than 1,500 others who committed crimes as children to dying in prison; Not only for the fact that this particular opinion was written for the majority by Justice Brett "What I did when I was young doesn't matter" Kavanaugh (of all people!); Not only for the fact that the decision overturns long-standing, painstaking Court precedents developed over several cases throughout the years; Not only for the fact that the majority simply pretend they did not overturn established legal precedent at all; And not only for the fact that Justice Sotomayor was forced to call the majority out for all of that in the starkest, most savage terms on behalf of the minority (charging the majority "is fooling no one" and "distorts [the precedential cases] beyond recognition", even as she specifically quotes Kavanaugh's very own prior statements on the importance of respecting established legal precedent); But, most troublingly, also for what it may portend in the weeks ahead, much less the years ahead, unless Democrats can quickly, at this point, figure out that they better come to their senses and figure out how to reform the U.S. Supreme Court before we see a boatload of similarly long-held precedents in even more disturbing cases, being completely trashed and overturned by this newly emboldened rightwing Court.

We're joined today by the great MARK JOSEPH STERN, our go-to Supreme Court correspondent from Slate, to discuss not only the Jones v. MS case itself, but what we should glean --- and none of it is good --- from how it has just played out before our eyes, now that the stolen majority on the Court has a full three Donald Trump appointees packed onto it.

As the newly emboldened rightwing activist Justices on the U.S. Supreme Court this week merely pretended precedent didn't exist, by essentially adopting dissenting views from the several cases that created the precedents, a newly emboldened rightwing state Supreme Court majority in Florida did something very similar. Stern also reports on that case, concerning a people's ballot initiative on recreational marijuana in the Sunshine State, which also underscores the long GOP Big Lies that they oppose judicial activism or Big Government tyranny.

With those outrages --- and what they portend for an era of rightwing judicial activism this week --- we also discuss the new proposal by Democrats in the House and Senate to expand SCOTUS from 9 Justices to 13, and the "kick-the-can-down-the-road" bipartisan Presidential Commission empaneled by Joe Biden to "study" the idea of reform for both SCOTUS and the federal judiciary as a whole.

Stern closes with a heads up --- a stark warning, in truth --- as to the big decisions still to come from the Court before the session ends in June, on the Affordable Care Act ("ObamaCare"); foster care by same-sex couples; and a clearly unconstitutional new abortion law (also out of Mississippi) in light of Thursday's appalling decision in Jones v. MS, which Stern categorizes as both "barbaric" and "one of the most dishonest and cynical decisions in recent memory."

Finally, in hopes of leaving you with some slightly brighter news after such a foreboding, grim report from SCOTUS and Stern, we've got some encouraging new polling numbers for Joe Biden. But, much more importantly, from young people who, for the first time in many years, and in rather substantial (even record) numbers across all races, are beginning to feel hopeful about the future again, as they see government as an ally on issues of poverty, combating climate change and on health care.

Hopefully none of them tune in for the earlier part of today's program...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Congress and courts are still ignoring the full text of the Amendment, as penned by the Founders, to prevent any and all gun safety legislation...
By Ernest A. Canning on 4/19/2021 9:35am PT  

Nearly nine years ago, we published an article called "High Cost of Willfully Misinterpreting the 2nd Amendment." It highlighted the compelling U.S. Supreme Court dissents written by the late Justice John Paul Stevens and Justice Stephen Breyer in District of Columbia v. Heller (2008) --- a 5 - 4 decision in which the Court's right-wing majority overruled a 1939 SCOTUS precedent by ruling, for the first time in our nation's history, that the Second Amendment created an individual's right to possess a firearm unconnected to service in a State militia.

Our coverage was written against the backdrop of that year's midnight massacre where one individual, sporting body armor and an AR-15 assault rifle with a high-capacity, 100-round drum magazine capable of firing between 50-60 rounds/minute, murdered 16 people and wounded 58 inside an Aurora, CO movie theater. The 2012 article was also written against the backdrop of the large number of mass shootings within the U.S. that could, at that time, be sharply contrasted with what had transpired in Australia.

Following what became known as the 1996 Port Arthur Massacre in Australia --- where a lone gunman, sporting an AR-15, murdered 35 people --- the country enacted strict gun laws that included a gun buy-back program. The result: Australia did not experience a single mass shooting over the next 20 years.

Over these past nine years in this country, Congressional Republicans, who, in 2004, refused to extend the successful 1994 Assault Weapons Ban, continued to oppose any and all forms of gun safety legislation. Not coincidentally, the carnage wrought by the radical assertion of an unfettered individual "right" to bear arms helped lead to more than 600 mass shootings in the U.S. over the course of the 366 leap year days in 2020, according to a The New York Times database. There were, according to Wikipedia's Mass Shooting Tracker project, 150 U.S. mass shootings, producing 148 deaths while wounding 485, over the first 106 days in 2021.

With that in mind, as the unrelenting death toll mounts in the U.S., revisiting our earlier analysis is once again apropos...

--- Click here for REST OF STORY!... ---




Guest host Nicole Sandler with Rep. Ted Deutch, journalist Ryan Grim...
By Nicole Sandler on 4/16/2021 8:10pm PT  

NICOLE SANDLER here, once again guest hosting The BradCast. I'm numb today, as there was yet another mass shooting overnight. This one was at a Fed Ex facility in Indianapolis. The shooter, a 19-year old former employee, killed eight people before turning the gun on himself.

That follows another cop killing another Black kid, another school shooting, and another mass shooting before that…all within the last few weeks. And that's a non-exhaustive list.

I live in Coral Springs, FL. We're next door to Parkland, with whom we share Fire and Police departments. Obviously, we know from mass shootings down here.

My congressman is TED DEUTCH. Since the massacre of 17 students and staff at Marjory Stoneman Douglas High School three years ago, Congressman Deutch has really stepped up his game on trying to do something about our national gun problem.

He was a guest on my own show Monday, and given the latest swarm of shootings, I thought that would be a good segment to include today.

Yesterday, I awoke to a story at The Intercept from RYAN GRIM, who reported that a group of progressive members of Congress were going to, on Friday, introduce a plan to expand the Supreme Court from its current nine members to 13. He joins us today to put that story into context, to explain why the PRO Act is so important, and a bit about the possibility of DC statehood anytime soon.

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Sue Wilson of the Media Action Center; Also: More news from vaccination nation; More corporate pushback against vote suppression...
By Brad Friedman on 4/12/2021 6:42pm PT  

On today's BradCast, our lonely fight to save what is left of our public airwaves continues, as mainstream media outlets continue to benefit from --- and therefore do not bother to report on --- the march toward full corporate ownership of what were once our prized and protected airwaves. [Audio link to full show is posted below summary.]

But first up today, the breaking news on that nation's latest school shooting. Today it was in Knoxville, Tennessee.

Next, the vaccination of the nation continues apace, with about 36% of adult Americans now having received at least one shot. This week, many more states will open eligibility to all adults 16 years of age and older in advance of Joe Biden's national date for doing so in all 50 states next Monday (April 19). Here in Los Angeles, all adult residents will be eligible as of Tuesday. We offer a few tips for how to get an appointment quickly. (Specifically, Kaiser-Permanente appears to have tons of available appointments, for members and non-members alike, via their website at KP.org.)

While vaccinations are proceeding at an impressive pace, hitting another 24-hour record of 4.6 million shots on Saturday, the race to outpace the spread of variants continues. While much of the nation is plateauing in case numbers at high levels or even surging slightly upward, a number of states, particularly in the Northeast and upper Midwest are surging quite steeply. The most disturbing case at the moment, by far, is in Michigan, where its Democratic Governor Gretchen Whitmer has been begging the Biden Administration for a vaccine surge in response to a spike that is as bad there as it was last Fall. For reasons that aren't entirely clear, the Administration has offered additional vaccinators and test kits, but not additional vaccine as of now. The CDC Director said on Monday that what is needed in MI's case is not more vaccine, but lockdowns. However, one of the reasons the state is in such bad shape now is because Trump-incited rightwingers last year not only rebelled against Whitmer's mandatory lockdowns, but even hatched a plot to kidnap her after Trump tweeted to "Liberate Michigan!"

What happens in Michigan, unfortunately, won't stay in Michigan. Their surge will spread elsewhere unless someone figures out how to get it under control. Similarly, what happens in Georgia will absolutely not stay in Georgia, as Republican lawmakers across the country are continuing to push voter suppression measures akin to the suppressive law adopted by Republicans in the Peach State last month.

The corporate pushback against Georgia's anti-voting law and those in other states continues to grow. Over the weekend, 100 corporate executives held a Zoom meeting to discuss how they planned to respond. On Monday, the first major Hollywood production --- Will Smith's "Emancipation" film --- previously set to film in Georgia, announced they were pulling production from the state due to the new law. Other productions could follow suit, given that Georgia has become a bit of a filmmakers Mecca by offering generous tax breaks to Hollywood production teams.

In addition to the group of corporate execs planning their own actions against anti-democracy laws, a group of some 60 law firms is reportedly teaming up to take action as well. That said, it's pathetic that the citizenry has to rely on corporations to become angry enough that Republicans might pay attention to their concerns --- the same concerns that the GOP ignored when they came from the citizenry itself before Georgia adopted its new law. In today's America, the citizenry don't seem to matter. It's corporate dollars to (or withheld from) Republicans that appears to be our only chance of convincing desperate Republicans to block or rollback these onerous restrictions on access to the ballot box. We're happy to see companies jumping in, but its absurd that we need to rely on them to somehow save "democracy".

Speaking of the need to save democracy, we're then joined by media reform activist SUE WILSON of the Media Action Center. Late last year, she and former Republican FCC official Art Belendiuk joined us on the program to discuss actions they were taking to expose the fact that rightwing media behemoth Sinclair Broadcasting appeared to be blatantly violating FCC ownership rules by taking secret ownership of more than one television station in a number of major markets, using sham front companies to skirt federal scrutiny.

At the same time, as Wilson reports today at BradBlog.com, the FCC has been attempting to change its own media ownership rules to allow for more corporate consolidation by granting major broadcasters the right to own more than one TV station in any given market. The FCC's initial attempt to change the rule preventing companies from controlling all of the public airwaves in major markets was blocked by the 3rd Circuit U.S. Court of Appeals, which found that the FCC violated the Administrative Procedures Act in not carrying out proper studies to determine the effects of the rule change on broadcast outlets owned by women and minorities. SCOTUS heard the FCC's appeal in the case on January 19th (Trump's last full day in office). The Court handed down its decision in FCC v. Prometheus Radio Project on April 1, overturning the lower court to allow the FCC's new, relaxed ownership rule, even as Justice Kavanaugh, in his opinion for the unanimous Court, conceded that the record evidence relied on by the FCC was "sparse". But, he held on behalf of the Court, the rules in question, now changed by the FCC, "were no longer necessary to serve the agency's public interest goals."

As Wilson found, however, the reason the record was so sparse was because the FCC had carried out no studies of its own to determine the adverse effect of consolidation on minority owned business before formalizing their new rules. They relied instead on private organizations to present evidence as to why the consolidation would harm minority broadcasters. But private organizations did not have access to much of the FCC's public information, because the federal agency hasn't collected the information from stations around the country.

It all amounts to what Wilson describes as a Catch-22 that ill-serves the public, and further undermines our public airwaves, handing off even more control to corporate interests, rather than we, the people. "This is the worst decision that nobody knows about," Wilson tells me. And, of course, they don't know about it, because mainstream corporate broadcasters benefits from the rule change, so they haven't bothered to mention much about it to any of their listeners or viewers.

Wilson argues that Congress needs to take action, and asks listeners to contact their members of Congress. "We're finding that Republicans and Democrats are very interested in this [because] this is bad for our whole country."

Finally, we open up the phones for a few quick minutes today, to hear from listeners on both the FCC's latest boondoggle and with more thoughts on vaccination nation...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Under Trump, the federal agency created a Catch-22 on new rule by requiring private research to counter hidden public data...
By Sue Wilson on 4/12/2021 9:35am PT  

While I was researching a piece last September about Sinclair Broadcasting's illegal TV ownership shell game, I stumbled into a Supreme Court case. Donald Trump's Federal Communications Commission Chair, Ajit Pai, had filed a case at SCOTUS, Federal Communications Commission v. Prometheus Radio Project [PDF], which would allow one media conglomerate to own the local newspaper, 2 network TV stations, 1-2 additional TV stations, and 8 radio stations --- all in the same community.

The Third Circuit U.S. Court of Appeals had previously found, in 2017, that the FCC failed to adequately study the matter before making the rules change that would adversely affect ownership of media outlets by women and minorities.

But the danger of the scheme to all of us was immediately apparent. Imagine the potential for propaganda by allowing one company to control the local reporters in virtually every media outlet in a single town!

I had already discovered that Sinclair Broadcasting was illegally controlling three TV stations in Columbus, Ohio, and doing little more than duplicating local news content across all three stations. So, on advice of my colleague and friend Brad Friedman, I began writing an Amicus ("Friend of the Court") brief in the case to inform the U.S. Supreme Court of this and other related information.

My first step was to find the research papers the FCC had done on the topic before its Chair --- on behalf of we, the people --- filed its case with SCOTUS. To my surprise, however, I found there were none. Zip, nada, nothing. The FCC was literally taking a case to the Supreme Court in which it had done no independent research at all...

--- Click here for REST OF STORY!... ---




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