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Latest Featured Reports | Friday, May 24, 2019
'Green News Report' 5/23/19
  w/ Brad & Desi
Beleaguered Midwest walloped by tornadoes, floods; Study sees coastal cities inundated by century's end; LA's plan to retreat from rising seas; PLUS: Trump EPA good news and bad...
Previous GNRs: 5/21/19 - 5/16/19 - Archives...
Baltimore BOE Crippled by Ransomware Attack; 'Crapshow' Worsens in D.C.: 'BradCast' 5/22/19
Guest: Eric Boehlert on Barr, impeachment, why 'no one will break glass on the alarm'...
'Our Subpoenas Are Not Optional' (Even If Impeachment Clearly Is): 'BradCast' 5/21/19
Also: More GOP Absentee Ballot Election Fraud, this time in Florida....
'Green News Report' 5/21/19
  w/ Brad & Desi
More extreme weather for Midwest; Another coal co. goes bankrupt; BP, Shell lobby for a carbon tax (with a catch!); PLUS: Inslee and Warren unveil comprehensive climate plans...
Previous GNRs: 5/16/19 - 5/14/19 - Archives...
GOP's Amash Declares Trump 'Impeachable'; Gerrymanders Allowed Radical Abortion Bills: 'BradCast' 5/20/19
Guest: FairVote's Dave Daley: Also: Tornado swarms amid climate crisis; Ford to fire 1000s...
Sunday CSA* Toons
(* Coathanger States of America) As usual, 'PDiddie' flags the very best political toons of the week in his latest collection...
Time to Impeach Yet?: 'BradCast' 5/17/19
Guest-hosted by Nicole Sandler with Senate Judiciary Committee vet Lisa Graves and Tweeter 'GottaLaff'...
The Republican Party is a Culture of Corruption: 'BradCast' 5/16/19
Spate of GOP pol scams, indictments, corrupt pardons; Also: Are Congress and corporate media finally waking up to our woefully insecure, non-overseeable elections?...
'Green News Report' 5/16/19
  w/ Brad & Desi
PG&E caused deadliest fire in CA history; CO2 level hits milestone, exactly as Exxon predicted; Climate action delay will cost trillions; PLUS: The Impossible Whopper goes national...
Previous GNRs: 5/14/19 - 5/7/19 - Archives...
FL's Sancho: 'No Confidence' 2020 Will Be Secure After New 2016 FBI Disclosures: 'BradCast' 5/15/19
30-yr elexn chief says FBI lied in 2016; Rubio covered up in 2018; FL unverifiable in 2020...
22 Candidates, 2020 Visions:
'BradCast' 5/14/2019
Bad news CO2 landmark; Biden booed on climate, pushes back; MT's Bullock jumps in to 2020 as Dem Gov from 'red state'; Warren says no to FNC's 'hate-for-profit racket'...
'Green News Report' 5/14/19
Trump trade war hits U.S. NatGas; Admin ices Arctic Council; Houston floods as U.S. sees wettest year on record; PLUS: UK, Scotland declare 'climate emergency'...
GA Supremes Hear Case of 125k 'Missing' 2018 Lt. Gov. Votes: 'BradCast' 5/13/19
Guest: Plaintiff Marilyn Marks; Also: Trump's trade war, Congress'l war; FL voting news; NC-9 do-over primary...
Sunday Billion Dollar Loser Toons
Once again, lots of losers from which to choose in PDiddie's latest weekly toon collection...
House All Action Against Trump, with Help from Repubs: 'BradCast' 5/10/19
Guest-host Angie Coiro w/ UCSF's Dr. Monica McLemore, NARAL's Amy Everitt on what's next for abortion laws...
Trump Uses Exec Privilege to Block Mueller Report; Judiciary Finds Barr in Contempt: 'BradCast' 5/8/19
Guest: Heather Digby Parton; Also: Don Jr. subpoenaed by GOP-Senate Intel Comm...
'Green News Report' 5/7/19
U.N. report warns humans pushing 1 million species to extinction; Trump repeals post-BP spill safety rules; PLUS: Midwest flooding breaks all-time records...
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 HOSTED by ANGIE COIRO: a Pelosi tour de force and a new way to fix SCOTUS
By Angie Coiro on 5/24/2019 5:25pm PT  

On today's BradCast, I'm in to give Brad and Des a breather. They're back post-holiday!

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

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

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

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

Download MP3 or listen online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!




Guest: Dave Daley of FairVote: Also: Tornado swarms erupt across U.S. amid climate crisis; Ford to fire thousands of workers...
By Brad Friedman on 5/20/2019 6:58pm PT  

Our guest on today's BradCast, argues that representative democracy is facing a "major crisis." And he wasn't even talking about the Constitutional Crisis we are now seeing as Trump turns up his obstruction measures against the U.S. Congress to 11. But partisan gerrymandering underscores that crisis as well. [Audio link to full show is posted below.]

First up today, however, much of Texas and Oklahoma are under tornado watches and warnings today, as 10 million Americans were under flash flood warnings as of airtime today, following as many as 67 tornadoes over the weekend in in Texas, Oklahoma, Louisiana, Kansas and Nebraska. That, after more than a month of record flooding along the Missouri and Mississippi rivers in many states. There is good reason that the UK's Guardian newspaper updated its style-guide last week to reflect the existential climate crisis humanity now faces, thanks to the burning of fossil fuels. The Guardian is now recommending "climate change" be referred to by its journalists as "climate emergency, crisis or breakdown", and that "global warming" is better described as "global heating", with "climate science denier" to be used instead of the inaccurate "climate skeptic". It will be nice when US media decides to do the same.

Meanwhile, in the U.S., Ford Motor Co.'s CEO --- who personally received a 6% raise last year, bringing his total compensation package to nearly $18 million --- announced plans for a "smart organizational redesign process" on Monday. That's a nice way of describing the company's decision to lay off as many as 7,000 workers by the end of summer. So much for the $1.5 trillion GOP tax cut assuring jobs, jobs, jobs and putting our economy "on rocket fuel", apparently, as Trump promised.

But the biggest news over the weekend, no doubt, comes from conservative Republican Rep. Justin Amash of Michigan, who announced and explained on Twitter why he believes "President Trump has engaged in impeachable conduct" and why even the redacted version of the Mueller Report reveals Trump "engaged in specific actions and a pattern of behavior that meet the threshold for impeachment."

The courageous, staunch libertarian Tea Party Republican and co-founder of the hard right Freedom Caucus in Congress, also charges that Trump's new Attorney General William Barr "deliberately misrepresented Mueller's report", that "partisanship has eroded our system of checks and balances," and that "the risk we face in an environment of extreme partisanship is not that Congress will employ [impeachment] as a remedy too often but rather that Congress will employ it so rarely that it cannot deter misconduct." He went on to warn, as we long have as well, that "When loyalty to a political party or to an individual trumps loyalty to the Constitution, the Rule of Law --- the foundation of liberty --- crumbles."

Trump's impressive response was to call Amash "a total lightweight" and "loser". Ours is to bestow him with our much-sought after, if rarely bestowed, Intellectually Honest Conservative Award

Of course, there are other reasons that so few (exactly zero, at the moment) other Congressional GOPers have joined Amash in standing up for what they used to pretend to believe in. One is that Democrats have yet to present the case for impeachment to the American public, even as the Trump Administration invokes every form of unlawful obstructive measure to try and keep them from doing so. (Breaking news during today's program, for example, includes a federal judge finding Trump's accounting firm Mazars must turn over Trump's financial documents as lawfully subpoenaed by Congress, despite a lawsuit from Trump attempting to block them from doing so; and news that the White House has now ordered former White House Counsel Don McGahn to defy a Congressional subpoena requiring him to testify to the House Judiciary Committee on Tuesday.)

The other reason many Republicans in Congress feel no need to hold Trump to account is that the GOP's extreme partisan gerrymandering in state after state following the 2010 census has resulted in members of Congress who feel --- with no small amount of justification --- that they cannot be removed from office by voters in a general election. The radical imbalance of such obscene district maps have resulted, for example, in Democratic House candidates winning almost 50% of the vote last year in North Carolina, but ultimately taking just 3 of the state's 13 U.S. House seats. In Ohio, essentially 50/50 splits by voters for members of Congress have resulted in just 4 of 20 seats going to Democrats, year after year, over the past decade. We've similar stories in other key states such as Wisconsin, Maryland and Pennsylvania, with courts finding House Districts and state legislative districts alike to have been unconstitutionally gerrymandered, and orders by federal courts to draw new, fairer maps repeatedly blocked by the GOP's stolen U.S. Supreme Court.

That decade-long scam, as our guest today, DAVID DALEY of FairVote argued last week at New Republic, is precisely why GOP-controlled state after GOP-controlled state in recent weeks, have been able to adopt radical, extremist and even unpopular anti-abortion restrictions. Daley, author of the book RATF**KED: The True Story Behind the Secret Plan to Steal America's Democracy, lays out his argument, updates us on the recent partisan gerrymandering cases in North Carolina and Maryland now before SCOTUS (with a ruling due next month), and why, as he argues, the fight for fair maps, fair elections and democracy itself "is not going to be saved in this country by any given election," but needs to be "engaged and fought every single day" as we are now in "a war for the future of this country"...

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

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Ted Kalo, 14-year veteran House Judiciary attorney, details what comes next; Also: Good news for voters in OH, bad news for voters in FL...
By Brad Friedman on 5/3/2019 6:48pm PT  

Our guest today, the former U.S. House Judiciary Committee's longtime General Counsel warns on today's BradCast, that we are already in the midst of a Constitutional Crisis and that what is happening now is far worse than anything he ever encountered during his many years in that post, even during the then-unprecedented corruption of the George W. Bush Administration. [Audio link to full show is posted below.]

But first up today, some good news and bad for voters before 2020 out of two key battleground states. In Ohio, the good news is that a three-judge panel of federal judges on Friday unanimously found the Buckeye State's Congressional maps to be an "unconstitutional partisan gerrymander" and has ordered, via its 301-page ruling [PDF], for new maps to be drawn for use before the 2020 elections. The panel of two Dems and one Republican-appointee determined that the state's GOP-led legislature packed the majority of the state's Democratic voters into just four districts after the 2010 Census to guarantee Ohio's Congressional legislation would retain a 12 to 4 GOP advantage. Republicans have successfully held 75% of that delegation over the past decade despite receiving just more than half of the state's Congressional votes.

State Republicans vow to appeal, as the nation awaits next month's opinion from the U.S. Supreme Court on similar partisan gerrymandering cases in North Carolina and Maryland. A three-judge federal panel last week in Michigan similarly ordered new maps there before 2020 after finding GOPers in that state used a similar tactic to disenfranchise voters. Unconstitutional GOP partisan gerrymanders were also determined by federal courts to have been in place in Wisconsin and Pennsylvania for the past decade.

The bad news for voters today comes from Florida today, where the state's GOP-dominated legislature has adopted a bill to undermine Amendment 4, the landmark ballot measure voters adopted by nearly 65 percent last November to restore voting rights to some 1.5 million former felons in the state who had completed their sentences as well as all parole and probation. Passed along party lines, state lawmakers changed the definition of sentencing to include the payment of all court-imposed fines and fees. The result: Those former felons who have money will be able vote, those who do not, won't. Once signed by the state's Republican Governor, as expected, lawsuits will almost certainly be filed by voting rights advocates to challenge the new law that appears to rewrite Amendment 4 which had ended Florida's shameful lifetime ban on voting by former felons, including more than 20 percent of the state's African-American population.

Next, we are looking for answers today about what is happening and what may come next as the Trump Administration and its new Attorney General and "fixer" William Barr harden their obstruction of all Constitutional oversight by Congressional Democrats. We are joined today by attorney TED KALO, a 14-year veteran of the U.S. House Judiciary Committee, where he served as General Counsel for his last 10 years there before leaving for private practice in 2011. Our conversation comes on the heels of Barr's astonishing testimony before the Republican-controlled Senate Judiciary Committee on Wednesday and his refusal to appear before the Democratic-majority House Judiciary on Thursday. That, after the Dept. of Justice's failure to respond to a Wednesday subpoena deadline from the House panel to turn over a full, unredacted version of Special Counsel Robert Mueller's report and its underlying evidence, and after revelations that Barr appears to have lied to Congress in previous testimony concerning Mueller's view of Barr's public representation of the report's conclusions during the month before Barr finally released a redacted version.

Kalo tells me what is likely to happen next if Barr misses a final Monday deadline, offered in a good faith, last attempt letter sent by House Judiciary Chair Jerrold Nadler on Friday in hopes of avoiding contempt proceedings against the nation's top law enforcement official.

The reason why Barr supposedly skipped Thursday's House hearing was because the Committee had determined to allow staff counsel from both parties to question the Attorney General along with members, which Kalo says is "not unusual at all". He cites, for example, a similar practice carried out by Republicans "during one of the many investigations of Hillary Clinton's emails," and notes that it is "not uncommon historically" for Congressional committees to use staff attorneys for questioning witnesses.

Kalo details the two possible legal paths should Barr, as expected, continue to refuse to cooperate with the Committee and is found in contempt, including a civil litigation path in federal court, which could take months or years to resolve (though Kalo says there are grounds for courts to hear these matters on an expedited basis) or Congress finding Barr in "inherent contempt". In the latter case, he explains, the House Sergeant-at-Arms could be dispatched to arrest and detain the Attorney General. (Kalo also offers a definitive answer about the jail long said to be available at the Capital Building for such matters.)

"While it's frustrating as hell to watch this play out --- it's so obvious what's going on in plain sight --- as a matter of the goal of getting the information, Congress has to proceed cautiously because of its limited options for enforcing subpoenas," Kalo tells me. Therefore, he explains, Nadler is "bending over backwards to show that he tried his hardest to reach an accommodation with the Executive Branch, with an eye towards future litigation" where the court will see the Administration as "recalcitrant and unreasonable" and find in favor of the Dems.

Among the many other questions answered and/or explained by Kalo, he offers insight into my concerns about whether many of the long-established court precedents that appear to make Trump's legal arguments to block a number of subpoenas look ridiculous could actually be overturned by Trump appointees to the federal bench or even the GOP's stolen majority on the Supreme Court. "I think you're right," he says. "We have a federal judiciary that's been packed by people who start with the political result they want and then work the legal reasoning backwards. I think it's a valid fear that the courts won't follow longstanding precedent," before adding optimistically, that he believes the courts will follow precedent in many of these matters.

I also get his thoughts on Barr's remarkable testimony before the Senate on Thursday, arguing that a President has a legal and Constitutional right to shut down or obstruct a federal investigation looking into his own potential crimes if the President believes, on his own, that he has been unfairly accused. Yes, Barr actually made that argument under oath this week. Kalo calls the theory "ridiculous" and says, "I know of no legal authority for what the Attorney General was saying, and it defies reason." He goes on to explain why.

Finally, he concludes with a chilling note. "It can't be understated that we're in a Constitutional crisis. We're trying to respond to things that we never expected to occur from a President of the United States," Kalo argues, adding that, as dark as those years were when he served as General Counsel for the House Judiciary Committee during the George W. Bush years, what is happening now is worse --- "by far."

I wholeheartedly recommend you tune in for today's complete conversation, as there was much more than I am able to adequately summarize here...

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

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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New study finds rich guys lie the most; WaPo finds Trump lies constantly; CNN finds Mueller found Trump and associates lied like crazy; Legal experts find Team Trump learned nothing from 'Russia-gate'; Trump and Barr find out if they can obstruct Congress; And many other findings...
By Brad Friedman on 4/30/2019 6:47pm PT  

Why tell the truth and follow the rule of law when BS'ing and obstructing truth and justice (and Congress) now appear to be a far more successful way to get ahead in life...and in the Presidency of the United States? As Donald Trump recently reached a new milestone of having told more than 10,000 lies while in office, according to Washington Post's fact-checker database, these are among the related stories covered on today's BradCast. [Audio link is posted below]...

  • A fascinating new study finds that wealthy men are more likely than women and those of lesser means to simply make stuff up. That's right, lying appears to work for many, and is carried out far more frequently in North America than in other English speaking countries around the world. Or, as WaPo's headline summarizes the academic survey: "Rich guys are most likely to have no idea what they're talking about, study suggests". (Though, as you'll also learn, both Desi and Canada should be ashamed of themselves);
  • That may also help us understand today who our President is and why he and his supporters do what they do, as a new CNN analysis catalogs 77 different "lies and falsehoods" by Trump and his associates, documented in Robert Mueller's redacted Special Counsel report. The lies were told by Trump, his "campaign staff, administration officials and family, Republican backers and his associates" who all "made false assertions to the public, Congress, or authorities," according to the analysis. While a handful of those lies were prosecuted as crimes (for example, some of those told to the FBI by Trump's former National Security Adviser Michael Flynn and to Congress by his former personal lawyer Michael Cohen), most went unprosecuted for varying reasons, including the fact that lying to the public and the press is not a crime, even when the White House does it, repeatedly, apparently. Among the many lies cataloged, a plurality of which were told by the President himself, many concerned his dealings with Russia and those of campaign staff and administration officials;
  • Speaking of which, in March, Trump's 2020 Campaign Manager Brad Parscale flew to Romania to deliver a paid speech to Romanian politicians and policy experts, raising questions among U.S. legal experts about conflicts of interest and whether Team Trump has learned anything after their extensive dealings with Russia during the 2016 campaign. They paid little price for that, however, so why worry about a Trump/Romania Special Counsel investigation now?;
  • Mid-show today we covered some breaking news regarding today's U.S. support for a military coup being called for by Valenzuela's opposition leader and self-declared "President" Juan Guaido, and claims by U.S. Sec. of State Mike Pompeo that the nation's actual President Nicolas Maduro was preparing to leave the country in response. At the last minute, however, according to Pompeo, Maduro was talked out of it by Russia. But, of course, our Sec. of State is a huge and very successful liar as well, so there's no particular reason to believe any of his assertions regarding the attempted U.S. overthrow of Venezuela today;
  • In other breaking news, a federal judge today determined that a lawsuit filed by some 200 Congressional Democrats against Donald Trump charging he is in violation of the Constitutional Emoluments clause may move ahead, allowing plaintiffs to gain access to information about Trump's private business dealings;
  • And, in related news, Trump's private attorneys on Monday night filed a lawsuit on behalf of him, his company and his children's behalf against Deutsche Bank and Capital One in hopes of forcing them to not respond to lawful subpoenas for Trump financial documents as issued by a number of Congressional committees. Normally we'd say "good luck with that", but for Trump's stolen Supreme Court majority who have proven themselves capable of doing anything on his behalf at this point;
  • The obstruction also continued today by Trump's Attorney General William Barr, who, the Justice Department has said, still plans to appear before the Republican-majority Senate Judiciary Committee on Wednesday to give testimony regarding the Mueller Report, but that he is objecting to a planned appearance before the Democratically-run House Judiciary Committee on Thursday, where members may allow counsel from both the majority and minority to question Barr during the scheduled testimony. House Judiciary Chair Jerrold Nadler asserts it's not up to Barr to determine who gets to question him or how the hearing is to be carried out, suggesting he may ultimately need to subpoena the A.G. to force his testimony. But if Barr defies that subpoena, as other Administration officials have been ordered by Trump in recent days, then what? Who would enforce a Contempt of Congress citation against the nation's top law enforcement official? And how would it even be done? Well, there is a House Sergeant-at-Arms and, reportedly, a jail in the basement of the Capitol Building. We discuss;
  • Finally, Desi Doyen joins us for our latest Green News Report, on the back-to-back devastating cyclones in Mozambique, a delay to the Interior Department's plan to expand off-shore drilling, air pollution getting worse under Donald Trump, and voter support for a Green New Deal in Spain's recent elections...

Yes. All of that. In under one hour. Somehow. You're welcome...

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

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Obama's Veep goes straight after Trump in campaign kickoff; Hillary's recommendations after Mueller; Kellyanne's husband wins Twitter, owns Trump; MI GOP district maps ruled unconstitutional gerrymanders; Nielsen was rebuffed in attempts to protect 2020 election from Russia...
By Brad Friedman on 4/25/2019 6:11pm PT  

We've got a lot of news and notes of concern --- both good and bad --- about the 2020 elections on today's BradCast. [Audio link posted below.]

Among the many stories covered today...

  • Former Vice-President Joe Biden finally announces that he's getting into the crowded 2020 race for the Democratic Presidential nomination. His "stirring" announcement video takes on Donald Trump directly, in a way that other candidates have largely avoided to date. Whether that will be a winning strategy, of course, remains to be seen for the man many consider to be a front-runner at this early point in the contest;
  • Hillary Clinton pens a worthy op-ed in the Washington Post, with her personal recommendations on how to best take on the question of whether Trump should be impeached in the wake of damning findings of criminality by the President in Robert Mueller's Special Counsel report, as well as how best to work to protect the 2020 election from interference --- at least from foreign sources;
  • George Conway, the conservative attorney husband of White House senior adviser/Trump apologist Kellyanne Conway, once again wins Twitter by citing Clinton's oped to slam both the President and, by extension, his own dissembling wife. He also cites another article detailing yet another new international embarrassment courtesy of Trump, to help his new, apt moniker for the President, #DerangedDonald, trend on Twitter;
  • Big news out of Michigan breaking today as a three-judge federal court panel finds district maps created by GOP state legislators in 2011 to be unconstitutional partisan gerrymanders. The court has now ordered the state to redraw as many as 34 state legislative and Congressional districts and even hold a number of special state Senate elections under the new maps in 2020, rather than in 2022 as previously scheduled. Though a decade or so late, it's still very good news for Michigan voters, though Republicans plan to appeal in hopes of stalling until the U.S. Supreme Court comes down with their verdict on two other cases of similar partisan gerrymanders in North Carolina and Maryland this June;
  • The New York Times publishes a very disturbing --- if not surprising in the least --- exposé revealing that recently-fired DHS Secretary Kirstjen Nielsen was rebuffed, time and again, by Donald Trump and other senior White House officials, in her efforts to convene cabinet level meetings on a strategy to protect the 2020 election from cyber-manipulation by Russia and other foreign sources. The exceedingly insecure Trump, according to the report, sees any such efforts to harden defenses against the threat of cyber-intrusions by Russia as a way of casting doubt on the legitimacy of his 2016 victory...for some reason;
  • Finally, Desi Doyen joins us for the latest Green News Report, as the second monster cyclone in a month bears down on Mozambique (the one just weeks ago killed a thousand people and has resulted in an extraordinary humanitarian crisis --- this new one could be even worse), along with other troubling climate change news from around the globe as well as some encouraging news here at home as Los Angeles Mayor Eric Garcetti announces plans for the city's very own Green New Deal...

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

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Slate's Mark Joseph Stern; Also: Trump panics over impeachment, sets course for Constitutional crisis by blocking lawful subpoenas...
By Brad Friedman on 4/24/2019 6:39pm PT  

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

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

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

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

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

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

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

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

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

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

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

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

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

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Finds Russians implanted malware, but didn't check if results affected
Also: News avalanche; AOC 'looks back' from future; Callers ring in on impeachment...
By Brad Friedman on 4/22/2019 6:45pm PT  

On today's BradCast, new details from Special Counsel Robert Mueller's report supporting the argument we've been trying to make for the last two years: Nobody ever checked the results of the 2016 election to make sure they were correct! [Audio link to show is posted below.]

But, first, we open with an avalanche of important news headlines breaking today and over the weekend, including the deadly Easter bombings in Sri Lanka; A TV comedian becoming the next President of Ukraine by a landslide; Trump's latest vow to impose sanctions on allies who purchase oil from Iran; Woefully unqualified Federal Reserve Board candidate and alleged sexual harasser Herman Cain withdrawing his name from Trump's consideration; The GOP's stolen Supreme Court announcing plans to take up cases to determine whether LGBTQ people may be covered by anti-discrimination civil rights employment laws this Fall; and Massachusetts Congressman Seth Moulton jumping into the crowded Democratic Presidential nomination contest.

Then we move to our all too brief commemoration of Earth Day's 49th Anniversary on Monday, wherein our own Desi Doyen details how and why the annual celebration first came about beginning in 1970. Of course, as we like to say on our Green News Report, every day is Earth Day for us! Nonetheless, sticking with that theme today --- for those who only notice it once a year --- we share "A Message from the Future from Alexandria Ocasio-Cortez" in which the freshman NY Democratic Congresswoman, from a couple of decades in the future, looks "back" on the world-changing successes of her Green New Deal program, as recently introduced with veteran Sen. Ed Markey (D-MA). The charming animated video, with illustrations by Molly Crabtree, is a thought experiment of sorts worth watching and/or listening to, as it helps explain how the GND would work to curb many of the worst effects of climate change, while providing millions of jobs and healthcare for all, as climate scientists have repeatedly warned the world must do within the next decade or face unstoppable consequences that threaten the entirety of human civilization.

Then, we move on to the revelation from the redacted Mueller Report [PDF] which has caused my Twitter feed to go somewhat bonkers since I cited it over the weekend. As the Special Counsel's report reveals (Vol. 1, pages 51-52, in the section entitled "Intrusions Targeting the Administration of U.S. Elections"), Russian intelligence operatives at the GRU targeted and infiltrated "individuals and entities involved in the administration of the [2016] elections. U.S. state and local entities, such as state boards of elections, secretaries of state, and county governments, as well as individuals who worked for those entities. The GRU also targeted private technology firms responsible for manufacturing and administering election-related software and hardware, such as voter registration software and electronic polling stations."

In other words, voter registration databases AND voting systems, such as voting machines and tabulators. Mueller's report goes on to concede that though the GRU was successful in implanting malware on a number of the targeted computers, "the [Special Counsel's] Office did not investigate further [and] did not, for instance, obtain or examine servers or other relevant items belonging to these victims." Instead, as Mueller writes, "The Office understands that the FBI, the U.S. Department of Homeland Security, and the states have separately investigated that activity".

Only problem with that? As we have reported repeatedly over the past two years, Jeanette Manfra, the top DHS official in charge of overseeing cyber-intrusions of critical infrastructure such as voting and tabulation systems, conceded during a June 2017 Senate Intelligence Committee hearing to Sen. Ron Wyden (D-OR) that her department had not, in fact, conducted any forensic analyses of computer voting and tabulation systems or servers following the 2016 Presidential election. We play a clip from her Senate testimony to that end.

As far as we can tell, this means that nobody has ever conducted such an analysis, despite the stunning results of the 2016 Presidential election. That remains very troubling, considering that Trump reportedly won, very narrowly, by less than 80,000 votes total in the key swing-states of Michigan, Wisconsin and Pennsylvania, none of which had voted GOP in a Presidential election for decades until 2016. The margins --- as reported by computers, but never verified by humans --- were close enough in each of those states that, had an average of just two votes in each precinct in each of those states been recorded for Hillary Clinton instead of Donald Trump, she, not he, would be President now.

Moreover, as the Mueller Report also documents, Trump's then Campaign Chairman Paul Manafort offered briefings and internal polling data to his business associate Konstanin Klimnik, a Ukrainian national tied to Russian intelligence, "on the state of the Trump Campaign and Manafort's plan to win the election," including what Manafort's partner Rick Gates described to the Special Counsel as "discussion of 'battleground' states, which Manafort identified as Michigan, Wisconsin, Pennsylvania, and Minnesota."

So, at this point, that means nobody still knows whether Donald Trump was actually the legitimate choice of the voters who comprise the Electoral College. (We already know he lost the popular vote by some 3 million votes.) Most of those very same computer systems will be used once again in the 2020 Presidential election, though some --- for example in Philadelphia, the entire state of Georgia, Los Angeles County and elsewhere --- are being replaced with newer systems that are even more difficult for the public to oversee to ensure reported results reflect actual voter intent.

And, with all of that today, we open up the phone lines to listeners for thoughts on whether --- given the findings of the Mueller Report, including Trump's well-documented and repeated attempts to unlawfully obstruct the investigation itself --- Democrats in Congress should begin impeachment hearings or not. So far, Democrats are somewhat split on the issue, with a number of freshmen in the House calling for impeachment proceedings to begin and, so far, only Sen. Elizabeth Warren (D-MA) among the current Presidential candidates offering a clarion call for members of Congress to meet their Constitutional duties by officially investigating Trump's alleged high crimes and misdemeanors via an impeachment inquiry in the U.S. House and a vote on whether to convict and remove Trump from office in the U.S. Senate. Our callers offer somewhat mixed feelings as well, as you'll hear on today's very busy and fast-moving BradCast!...

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Guest: Former WI Supreme Court candidate Tim Burns; Also: Courts block Trump 'Obamacare' attacks; WI's Supreme Court election is a big deal...
By Brad Friedman on 3/29/2019 6:36pm PT  

On today's BradCast, some facts --- real ones, not Mitch McConnell's --- about our nation's healthy history of changing the number of seats on the U.S. Supreme Court, which we have done seven different times over the past 238 years since our founding. [Audio link to full show is posted below.]

But, first up quickly today, Donald Trump has taken yet another hit from the courts on his attempt to undermine the Affordable Care Act and the U.S. healthcare system. It's the second such court loss he's faced over the past week, with the first court nixing his attempt to allow work requirements under Medicaid in Kentucky and Arkansas, and the second on Thursday night finding his allowance of cheap health insurance policies that don't meet the standards of the Affordable Care Act ("Obamacare") to be unlawful. That second ruling comes courtesy of a well-respected George W. Bush-appointed federal judge who is rarely reversed by appellate courts.

Next, a preview of a very important election on Tuesday in Wisconsin for its state Supreme Court. Its the first of two elections to the high court in the Badger State (one on Tuesday and the other next year on the same day as the Democratic Presidential primary election in WI) that could result in a progressive-leaning majority, at long last, being restored to WI's high court. Control of that court is wildly important for both the state and the nation on a number of fronts, which we discuss today, including voting rights before the 2020 election, redistricting for the next decade after the 2020 Census, and the rollback of a host of anti-union and other hard-right policies enacted during the gerrymandered Scott Walker years.

Tuesday's match-up is between progressive-backed Judge Lisa Neubauer and Koch Industries/Chamber of Commerce-backed Judge Brian Hagedorn, a protege of former Republican Gov. Scott Walker. Hagedorn has called Planned Parenthood a "wicked organization" devoted to "killing babies", described the NAACP as "a disgrace to America", and argued "The idea that homosexual behavior is different than bestiality as a constitutional matter is unjustifiable."

But while voters in WI directly select their Supreme Court at the ballot box (which I am no fan of), the U.S. Supreme Court is a different matter. After Senate Republicans stole what should have been a Democratic majority on the court in 2016 by refusing to even hold a vote on Judge Merrick Garland, Barack Obama's nominee to replace the late Justice Antonin Scalia, GOP Senate Leader Mitch McConnell held the seat vacant for a year before unilaterally changing Senate rules to do away with the filibuster to allow Neil Gorsuch to be seated on the high court. Later, under those same changed rules, the far-rightwing, accused sexual-predator Brett Kavanaugh was similarly added to the Court, likely cementing a generation of GOP-control.

In response, many progressives --- even Presidential candidates --- are now calling for the expansion of SCOTUS if Democrats can regain control of the U.S. House, Senate and White House next year, in order to restore a liberal-leaning majority that arguably should have been theirs in 2016. Naturally, McConnell is already decrying the idea, describing it on Thursday, ironically enough, as "an unprincipled power grab...that would threaten the rule of law and our American Judicial system." He cites the attempted court packing by Franklin D. Roosevelt in the 1930s to support his notion that changing the size of the Court is "a thoroughly discredited idea".

We're joined today by Wisconsin attorney and former state Supreme Court nominee TIM BURNS for both thoughts on Tuesday's crucial election in the state ("The stakes are huge," he explains) and the little-known history of "court packing" in the U.S. More specifically, Burns, who wrote about the issue recently at The New Republic, discusses the seven different times since the founding of our republic when the number of seats on the U.S. Supreme Court has been changed by Congress, including under one of our founders Thomas Jefferson and even under Republican Party icon Abraham Lincoln.

Burns, who serves on the board of the progressive Wisconsin Justice Initiative and the national board of the American Constitution Society, argues that contrary to misleading claims by McConnell and fellow Republicans, changes made to the size of SCOTUS by the Legislative and Executive Branches, as called for by the U.S. Constitution, have been healthy for the nation, often coming "hand in hand with some of the most vibrant periods of our democracy," and in response to the out-sized growth of corporate power.

"There have always been these predictions of the utter ruin of our democracy if the size of the Court is changed," Burns tells me. "The truth is, the Court's been viewed favorably even after its size has changed." And while he says that it's "entirely possible" that Republicans could then do the same thing once they regain power, "that doesn't spell the doom of our democracy. It says that our democracy is working. The political power rests with the voter instead of nine lawyers, judges on a Supreme Court."

Perhaps that's why Senate GOPers this week have introduced a measure calling for a Constitutional Amendment to keep the number of seats on the Court at nine. Good luck with that, boys.

Most interesting, however, may be Burns' fascinating recounting of what happened when FDR attempted unsuccessfully to expand the Court in what McConnell falsely described as an historic event that resulted in the idea of "Court Packing" becoming "synonymous in American history with the idea of an unprincipled power grab". What actually happened in the 1930s, and why the Court was ultimately not expanded under FDR is a fascinating bit of lost history and quite different from the way it has been described in lore. The truth places new calls to expand the Court today, during this period of unprecedented partisanship and class-divide under a hard-Right SCOTUS, into a very different light and perspective as this debate kicks off both in the nation and among Democrats vying for the 2020 Presidential nomination....

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Guest: Suzanne Almeida of Common Cause; Also: Lack of campaign finance charges against Don Jr., Manafort threaten 2020 elections...
By Brad Friedman on 3/27/2019 6:02pm PT  

On today's BradCast: Something seemingly very interesting may have occurred at Tuesday's oral arguments on two separate, if related, partisan redistricting cases at the U.S. Supreme Court. The results, believe it or not, could change the outcome from what many voting rights advocates had previously predicted following the resignation of Justice Anthony Kennedy and the subsequent seating of his far-right replacement Justice Brett Kavanaugh. [Audio link to complete show is posted at end of article.]

The scourge of state legislative and Congressional maps drawn for partisan advantage by the party in power after a decennial Census has crippled democracy and the voting power of citizens for decades in the U.S. But the GOP dramatically upped the stakes following the 2010 Census when they employed highly sophisticated computer mapping techniques to ensure themselves huge electoral advantages over the ensuing ten years by drawing extremely partisan maps that "packed" Democrats into a small number of districts or "cracked" them among several in order to dilute the voting power of non-Republicans.

It's a practice that Democrats have carried out as well, if not to the same extreme as Republicans who took over many statehouses in the 2010 "red wave" election. A new analysis from AP finds that 2018's "blue tsunami" election, for example, would have been much larger for Congressional Democrats, were it not for many extremely partisan GOP-drawn maps in a number of key states, including North Carolina, Ohio, Indiana, Wisconsin, Alabama and Texas. The AP study finds "Republicans won about 16 more U.S. House seats" than they would have under fair maps. Similarly, "Republicans' structural advantage might have helped them hold on to as many as seven [state legislative] chambers that otherwise could have flipped to Democrats."

While the U.S. Supreme Court has long found gerrymanders on a racial basis to be unconstitutional, they've yet to affirm the many lower court rulings finding partisan gerrymanders to be similarly unconstitutional. Last term, when many believed SCOTUS was prepared to do so, the Court punted instead on several cases of extreme partisan maps in Wisconsin, North Carolina and elsewhere, before Justice Kennedy --- thought to have been the likely swing-vote in favor of ending the odious practice --- announced his retirement.

On Tuesday, one of those cases, Common Cause v. Rucho --- where a federal appeals court determined (twice!) that North Carolina's Congressional maps were unlawfully skewed for Republicans (they've held a 10 to 3 advantage in their Congressional delegation for the past decade, despite the state being almost evenly divided between Republican and Democratic voters) --- was heard again at SCOTUS. Another case, Benesik v. Lamone, in which a single Congressional district in Maryland was drawn by Democrats specifically to remove an incumbent Republican, was heard as well.

And while many voting rights advocates have not had high hopes for either case, given the even farther-right leaning majority on the court following Kennedy's retirement, there were some surprises during oral argument, particularly from Justice Kavanaugh whose decision in one or both of the cases could change history by delivering a major win for voting rights.

We're joined today to discuss these potentially encouraging developments with SUZANNE ALMEIDA, Redistricting and Representation Counsel for Common Cause, the lead plaintiff in the NC case. She was in the Court on Tuesday for both hearings and explains what seems to have happened, offers insight on what could now occur, decries why these cases are so important, and what may happen when SCOTUS finally delivers it's crucial opinion in June in advance of both the crucial 2020 elections and the subsequent redistricting of all 50 states that will follow the 2020 Census.

"The North Carolina case is a particularly egregious case, for a couple of reasons," Almeida tells me. "One is that we have an admission. On the floor of the General Assembly, Representative Lewis leaned into a microphone and said, 'This is a partisan gerrymander. I wanted to this map to be 10-3 because it couldn't be 11-2.' That's not the way that map-drawing should work, and that's not the way representation should work in America." She also discusses, for example, how one district line drawn by the GOP in North Carolina actually splits an historically African-American college in two, so that its voters are diluted into two separate Republican-leaning districts.

As to the matter concerning Kavanaugh, who was reportedly disturbed by his own district in Maryland, where he lives, being gerrymandered by Democrats to prevent Republican representation, Almeida confirms that he seemed to want to find a standard that could be used by courts to determine if districts were unlawfully gerrymandered on a partisan basis. She says she shares "the characterization that Justice Kavanaugh has a personal interest in the Maryland case ... And he was pushing back quite strongly against the advocate for the state."

Almeida also pushed back at the notion from Justices on the right that Courts should simply stay out of these matters, and leave them to voters and the legislators who drew the maps to keep themselves in power in the first place, she tells me: "This idea that the Court has that somehow this is self-correcting, or will fix itself through the magic of the political process, just doesn't work. And that's because gerrymandering is about power, and people in power staying in power. And when the people in power have that power to make the rules and draw the lines, that's what they're going to keep doing."

She adds that comments from Kavanaugh and even Chief Justice Roberts during the proceedings on Tuesday are "reason to be optimistic". But I'll wait until the opinions come out in June before popping any champagne bottles on what could be, according to Mark Joseph Stern at Slate the "most important voting rights victory of the century so far."

Also on today's program: Speaking of 2020, some curious questions about why nobody from Team Trump --- particularly Donald Trump Jr. or campaign chair Paul Manafort --- has yet been charged with campaign finance violations regarding "soliciting" and/or "accepting" a "thing of value" from a foreign government, as clearly occurred in relation to the now-infamous June 2016 Trump Tower meeting with a number of Russian nationals. Election law expert Rick Hasen argues that the lack of indictments brought by Special Counsel Robert Mueller in this matter does not bode well for the Dept. of Justice's plans to enforce election laws that bar "foreign governments from sharing information --- even information obtained from illegal hacking --- with campaigns, for the purposes of influencing the 2020 election...and beyond"...

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Guest: Slate's Mark Joseph Stern; Also: Record flooding in Midwest; Beto, Bernie and Buttigieg; The definitive truth about Daylight Saving Time...
By Brad Friedman on 3/18/2019 6:59pm PT  

We're happy to have the long-overdue return of great legal journalist MARK JOSEPH STERN of Slate on today's BradCast! As usual, we cover a whole bunch of important topics at lightning speed [Audio link to today's show is posted at end of article.]

But first, some quick news headlines on the record flooding of the Missouri River now wreaking havoc, evacuations and several deaths in parts of Nebraska, Iowa and Missouri. Damage has also affected a number of military bases, despite Donald Trump's recent plans to form a "Blue Ribbon Commission" of climate science deniers to rebut military assessments about the serious dangers of climate change posed to national security and military facilities.

Also, some interesting background info today on 2020 Democratic Presidential primary candidate Pete Buttigieg, Mayor of South Bend, Indiana as well as his position on climate change and the Green New Deal. And, some news today that recently-declared 2020 Presidential hopeful Beto O'Rourke raised a jaw-dropping $6.1 million in the first 24 hours after entering the race last week, exceeding Bernie Sanders' previous record haul of $5.9 million a few weeks earlier. Both candidates blew away all other current Democratic contenders so far with those numbers --- for what it's worth.

Then, we're joined by Stern to catch up on a boatload noteworthy legal issues moving through the federal and state court systems. Among them...

The 5th U.S. Circuit Court of Appeals, late last week, upheld lower court rulings ordering a State Senate district in Mississippi found to have been a racial gerrymander to be redrawn before the state's off-year 2019 elections. That, as the U.S. Supreme Court today heard a confusing oral argument regarding 11 racially gerrymandering districts in Virginia, where lower courts have already ordered new maps to be drawn in advance of 2019 state legislative elections likely to determine whether Democrats regain majorities in either or both chambers of the state legislature.

And all of that comes in advance of a SCOTUS hearing next week regarding partisan gerrymanders in several others states before the 2020 elections, when control of both Congress and many state legislatures will be up for grabs before the redistricting that will follow the 2020 Census to help determine balances of power in all 50 states and Congress for the next decade.

Stern describes all of this as the nation finding itself in the middle of an all-out "gerrymandering brawl...a kind of legal convulsion over how much our lawmakers can draw partisan district lines to swing elections in their favor." He cautions that racial gerrymanders --- long ago found to be unconstitutional --- may not be found as such anymore in the GOP's new, stolen Court. And that the question of partisan gerrymandering, which Justice Anthony Kennedy could have ended before retiring, is now a complete unknown. "The whole thing is upside-down, inside-out," he tells me, warning to "be afraid. Be very afraid" of Justice Clarence Thomas' varying and bizarre "back and forth" positions on these matters.

Stern offers slightly better news for us regarding the last-ditch appeal of a previously blocked law created by disgraced GOP "voter fraud" fraudster Kris Kobach, the former Sec. of State of Kansas and failed 2018 Republican Gubernatorial candidate. That law, repeatedly found by lower courts to be unconstitutional, had blocked tens of thousands of legal Kansas voters from being able to register to vote without presenting proof of citizenship first. All, as the trial court judge found in 2016, to prevent what amounted to 11 votes by non-citizens cast between 1999 and 2013 out of tens of millions of votes cast by the state's 1.76 million registered voters.

Meanwhile, in Connecticut late last week, the state's Supreme Court made what Stern describes as a "stunning" ruling in a suit brought by parents of children killed in the 2012 gun massacre at Sandy Hook Elementary School. The case is filed against gun manufacturer Remington, makers of the Bushmaster AR-15 style weapon used to gun down 20 school kids and 6 adults. The court held, as Stern explains, that plaintiffs may move forward with their suit against the company, despite a unique federal law that otherwise grants completely immunity to gun manufacturers for the use of their deadly products. The suit is being brought under a state statute which, plaintiffs argue, allows them to sue Remington for irresponsibly dangerous advertising of the Bushmaster rifle. The state high court's ruling will now allow the case to continue and for plaintiffs' important discovery access to internal communications by the manufacturer, the gun industry and its advertising firms.

We also discuss a recent disturbing ruling from the 6th U.S. Circuit Court of Appeals on an Ohio state GOP law that blocks all funding to Planned Parenthood. Stern describes the ruling as a foreboding omen for what he sees as the likely full dismantling of Roe v. Wade at SCOTUS, already under way, he charges, by "a thousand cuts" at the lower court level in several states where Trump appointees are quickly filling vacancies on federal benches.

And, finally, the most important issue of all today (obviously): "The evils of Standard Time", the awesomeness of Daylight Saving Time, and those who are completely wrong in hating it, as well as the many, as Stern recently reported, who do not seem to even have an understanding of what it is! (Versus Standard Time that actually ruins everybody's lives for months on end by keeping us all in dangerous and debilitating darkness all winter long!)...

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McConnell won't allow Senate vote on HR-1 or restoration of Voting Rights Act; Also: Hand-marked paper ballots for PA County; Cohen sues Trump Org; Brown won't run in 2020; GOPers re-thinking climate denial...
By Brad Friedman on 3/7/2019 6:18pm PT  

54 years to the day after the Bloody Sunday march in Selma, Alabama led to the landmark Voting Rights Act of 1965, and nearly 6 years following the rightwing U.S. Supreme Court's gutting of the VRA's most crucial provision, Republicans in Congress are still both blocking its restoration and working to prevent the Democrats' newly introduced and much-needed effort to expand voting rights. That's just one of a number of outrages on today's BradCast, otherwise brought to you with no small measures of hope to counter-balance the outrages. [Audio link to today's complete show is posted below.]

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

  • Michael Cohen is suing the Trump Organization for at least $1.9 million dollars to cover his legal expenses which they had apparently promised to pay --- at least until Cohen began cooperating with federal investigators.
  • Another worthy Democratic Senator, Sherrod Brown of Ohio, announces he will not seek the Democratic nomination in 2020. He joins Sen. Jeff Merkley of Oregon, former NYC Mayor Michael Bloomberg, former Attorney General Eric Holder and (for the most part) Hillary Clinton who all declared this week that they will not be seeking the Presidency this year.
  • Some good news for voters out of the Republican-leaning Butler County, Pennsylvania. Officials there have decided to dump their 100% unverifiable touchscreen voting systems in favor of hand-marked paper ballots. The local news report of this common sense measure in at least this one corner of the important swing-state is somewhat of a hoot, as we share on today's program.
  • Meanwhile, back in Congress, House Democrats will soon be holding a vote on HR-1, the "For the People Act", a massive elections and ethics measure which, among things things, calls for automatic universal voter registration; the expansion of early voting; an end to mass voter purges; independent redistricting commissions to avoid partisan gerrymandering; allows every voter in America to cast their vote on a hand-marked paper ballot; endorses D.C. statehood; requires disclosure of funders to dark money groups; and requires Presidential candidates to release their tax returns. Naturally, Republicans oppose the measure, and Mitch McConnell vows to not allow it to see the light of day in the U.S. Senate, even if it passes in the U.S. House as expected.
  • Similarly, Democrats in the House and Senate have introduced the Voting Rights Advancement Act, a bill to restore Section 5 of the Voting Rights Act, by reinstating the requirement for the federal government to pre-approve new election-related laws in jurisdictions with a history of racial discrimination at the polls. Naturally, Republicans oppose the measure, and Mitch McConnell vows to not allow it to see the light of day in the U.S. Senate, even if it passes in the U.S. House as expected.
  • Next, there is some curious movement in the Republican Congressional caucus in regard to climate change. Clearly reading the writing on the wall, as the public overwhelmingly not only believes in global warming but is becoming increasingly concerned about it, longtime GOP science deniers in both the House and Senate are finally admitting that man-made greenhouse gas emissions are the cause of it. The recent introduction of the wildly popular Green New Deal by Democrats --- a sweeping effort to move the nation to 100% carbon-neutral energy sources and provide millions of jobs over the next ten years --- is another reason Republicans are now acknowledging they must do something about climate change, if only for appearances. We discuss what could be a sea-change (or not) in this long, existential battle today.
  • Finally, on related matters, Desi Doyen joins us for the latest Green News Report, with disturbing news on toxic coal ash waste found in groundwater in 39 states, plastic pollution found in the deepest parts of the ocean, former military officials slamming the Trump Administration over their climate change denial, and Democrats vowing --- as they now are with elections and voting rights, as well --- to go on the offensive in the U.S. Senate...

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House votes to overturn Trump 'Emergency'; Gaetz threatens Cohen before House testimony; Harris won't run in NC-9 do-over; Judge nixes NC Photo ID measure due to unlawful gerrymander; 12-year old journo exposes bad AZ cop; Kids push for climate action...
By Brad Friedman on 2/26/2019 6:46pm PT  

This is the week that everything is now all happening at once, apparently. We do our best to cover as much of it as we can, and then some. How it all fits together, you'll have to tune in and find out. Among the stories covered on today's whirlwind BradCast whirlwind [audio link to show is posted below]...

  • With the nation's top U.S. General for homeland defense telling a Senate committee today that there is no military emergency on the southern border, and scores of former national security officials and former GOP lawmakers declaring this week that Trump's "national emergency" declaration is unjustified and even unlawful and/or unconstitutional, the U.S. House voted on Tuesday to block Trump's "emergency" declaration that takes money allocated by Congress for other purposes in order to build his border wall. Prospects for similar passage in the Senate are currently unknown, but currently looking positive. Overriding a promised Presidential veto, however, will be much more difficult, so this is all likely to be decided by the courts and ultimately the U.S. Supreme Court;
  • Trump landed in Vietnam today for the start of his second summit with North Korean leader Kim Jong Un, where senior Administration officials have reportedly said the President plans to stay up overnight to watch Wednesday's televised hearing in the U.S. House Oversight Committee with Michael Cohen. Trump's former personal lawyer and fixer is expected, according to reports today, to testify --- with documentation --- on criminal acts he claims to have been carried out by Trump both before and during his Presidency. He's also expected to detail Trump's history of racist behavior and lies regarding his own personal wealth, among other things. Incredibly, Trump partisan Rep. Matt Gaetz (R-FL) issued an extraordinary threat against Cohen via Twitter just before airtime today, which experts immediately cited as a potentially unlawful attempt at criminal witness tampering and/or intimidation;
  • Also in the Democratic-majority U.S. House on Tuesday, hearings on the Administration's policy of family separation at the southern border amid new reports today of thousands of children alleging sexual abuse during their detention;
  • In North Carolina, disgraced 9th Congressional House District Republican candidate Mark Harris announced he will not run in a new election called for the district after the November 2018 race was tainted by absentee ballot fraud carried out by Harris' campaign. According to his Harris' own attorney, after stunning surprise testimony against him by his own son at public hearings held by the NC State Board of Elections, the candidate and evangelical minister lied about his knowledge of the scheme. Harris now claims his health is preventing him from running in the not-yet-scheduled do-over election, and is also the reason for his faulty memory about his knowledge of fraud by a campaign contractor he hired to run his absentee ballot effort in Bladen County. The Democratic candidate, Dan McCready, previously announced his intention to run again, and several Republicans have now expressed interest in vying for the nomination in what will be the GOP's second bite at the apple, after getting caught committing election fraud the first time out;
  • Also in NC, a state court judge late last week nullified two state Constitutional amendments approved by voters in November after they were placed on the ballot by a super-majority of Republican lawmakers in both chambers of the legislature. That state legislature, however, is built on an unlawful racial gerrymander by those same state Republicans, as confirmed by the U.S. Supreme Court last year. Therefore, the judge ruled, the illegitimately constructed chambers do not have the lawful right to place state constitutional measures on the ballot. One measure imposes photo ID voting restrictions previously found in violation of the state Constitution and another lowers a state cap on tax rates. The extraordinary ruling has already been appealed by the Republicans and legal experts are dubious as to whether it will be upheld by higher courts, but it reminds us (again) how, even when they know its unlawful and will eventually be overturned, it pays for lawmakers to gerrymander;
  • And, in Arizona, 12-year old journalist Hilde Lysiak of Orange Street News (who, three years ago when she was 9, broke the story of a murder in her Pennsylvania neighborhood!) posted a videotaped conversation with Patagonia, AZ Town Marshall Joseph Patterson lying to her about the law regarding taping cops. Patterson had previously threatened her with arrest and/or detention in juvenile jail on the basis of still more false claims when he reportedly said he didn't "want to hear about any of that freedom of the press stuff." We share the video of hero Lysiak's second encounter with Patterson. She has reportedly been interviewing local residents about border security in the state and Patterson has reportedly been disciplined;
  • Also this week, kids from the Sunrise Movement have been turning up to demand action on climate change and passage of the Green News Deal in the U.S. Senate, where Sen. Diane Feinstein (D-CA) talked down to the children who visited her in her office asking for her vote on the GND, and Sen. Mitch McConnell (R-KY)'s office had a number of protesters in the group that visited his office arrested on Monday;
  • All of which leads us up to our latest Green News Report with Desi Doyen today, with details on a new Trump climate change Commission to be headed up by a climate science denier; very bad news in Antarctica; and children around the globe protesting and walking out of school to demand action on climate change...

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

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Guest-host Angie Coiro with Joel Simon of Comm. to Protect Journalists; Also: Fate of big-tech host cities; Weld to primary Trump?; RBG returns...
By Angie Coiro on 2/15/2019 6:11pm PT  

On today's BradCast, I'm in for Brad and Des, dropping by from my own show, In Deep with Angie Coiro.

Today's Rose Garden press conference was drenched in irony: a faltering, incoherent, angry man declaring a "national emergency", even as he demonstrated that he's the crisis. Donald Trump yelled at reporters to sit down, fell into sing-song whimsy, showed off his version of a Chinese accent, repeated phrases when he lost his train of thought, wielding terrifyingly grown-up powers with the gravitas of a toddler in a man's suit.

Fortunately, enough roadblocks will be thrown down --- by Reps AOC and Castro, by Nancy Pelosi and Chuck Schumer, by the ACLU, and presumably by property owners along the proposed wall sites --- that he should be kept busy and irritated for some time. The taxpayer money wasted will be appalling.

Republican former Massachusetts Governor Bill Weld appears willing to throw himself atop the bomb: he says he may primary Donald Trump. He minced no words -– I mean, he was stunningly straightforward -– in criticizing his fellow GOPers, who he said exhibit all the signs of Stockholm Syndrome(!). Someone needs to step up, he says. He even hints that he's willing to act as a spoiler to damage Trump in the general.

Plus the latest on Facebook, Amazon, and what tech campuses have to offer their neighbors.

Finally, my guest JOEL SIMON of the Committee to Protect Journalists. His new book, We Want To Negotiate, makes a compelling case that both the US and Britain need to re-examine their "we don't negotiate with terrorists" policies. His research puts the lie to a lot of assumptions, for example, that to pay ransoms will encourage more kidnappings. It makes sense on the face of it, but --- wrong.

Download MP3 or listen online below...

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Guest: NatSec journalist Marcy Wheeler: Also: SCOTUS allows Trump's cruel trans ban to proceed, makes no moves (yet) on DACA...
By Brad Friedman on 1/22/2019 6:29pm PT  

We pick up on today's BradCast, somewhat near where we left off on Friday, following BuzzFeed News' blockbuster report charging that Donald Trump directed his former attorney Michael Cohen to lie to federal investigators in order to obscure their work on a project to build a Trump Tower in Moscow even as Americans were voting during the 2016 Presidential election. [Audio link to today's show is posted below.]

The explosive reported allegations that the President of the United States had suborned perjury led to calls on Friday for Trump's impeachment, only to be dampened by a very rare --- and very carefully worded --- response from Robert Mueller's office, disputing "Buzzfeed's description of specific statements to the Special Counsel's office" and the "characterization of documents and testimony obtained by this office."

My guest today, legal and national security journalist MARCY WHEELER of Emptywheel, says those words were carefully selected by Mueller's office and for a very specific reason. Given all the confusion following both the report and Mueller's unusual statement late last week --- not to mention conflicting remarks from Trump's TV lawyer Rudy Giuliani over the weekend --- Wheeler helps us try to make sense of what is now known and unknown on all of this, why Mueller's office chose to speak out in response to it, and whether or not he was encouraged to do so directly by Deputy AG Rod Rosenstein, the White House or someone else on Trump's legal team.

"Buzzfeed offered some particular details that match exactly with details that Mueller has offered," Wheeler explains, while noting that the news outlet "made a news claim that Trump had ordered this lie. What Mueller is pushing back against is a legal claim." She tells me how the two interests are different, even as they may be describing much of the same events and documentation.

Moreover, she argues, "there's abundant evidence that Trump has ordered people to lie, and that subsequent to his orders to tell lies, his people have continued to tell those lies...and that's illegal. That should be a no-brainer and the press needs to start telling that story."

Wheeler, who has long been covering all things related to the Trump/Russia probe as close --- or closer --- than virtually anybody in the nation, offers much insight today on all of the above, including details on Buzzfeed's sourcing for their report (which they continue to stand by "100%"), based on information from two unnamed "federal law enforcement officials involved in an investigation of the matter," as well as "multiple witnesses from the Trump Organization and internal company emails, text messages, and a cache of other documents."

Also today, the U.S. Supreme Court, in a 5 to 4 vote, allows Trump's ban on transgender members of the military to move forward, even as ongoing cases in several lower courts have blocked his cruel directive, and even as at least one legal obstacle remains.

In slightly more encouraging --- and certainly less cruel --- news from SCOTUS today, despite pleas from the Administration the Court made no announcement of plans to hear argument on any of the many ongoing lower court cases challenging Trump's reversal of the Obama-era Deferred Action for Childhood Arrivals (DACA) program. Obama's DACA order was meant to help prevent the deportation of more than a million undocumented immigrants brought here by their parents as children many years ago. Should the Court decide to hear one of the cases, it would now most likely not happen until the session that begins in October, with an opinion coming months later. Temporary protection under DACA for so-called "Dreamers" was used over the weekend as an attempted bargaining chip by Trump, as part of an offer to Democrats in exchange for the $5.7 billion he has demanded for a border wall, leading to the longest (and still ongoing) federal government shutdown in U.S. history.

And, finally today, Desi Doyen joins us for the latest Green News Report, with news on the tragic pipeline explosion in Mexico over the weekend, toxic coal ash groundwater contamination discovered in 22 states, and how the government shutdown is setting the table for a dangerous wildfire season, even as its temporarily protecting aquatic wildlife from seismic testing during offshore drilling exploration in the Atlantic...

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

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Guest: Analiese Eicher of One Wisconsin Now; Also: MI's new Dem SoS looks to settle gerrymander case; Buzzfeed charges Trump told Cohen to lie to feds about Moscow Trump Tower project...
By Brad Friedman on 1/18/2019 6:38pm PT  

On today's BradCast, good news for voters in Wisconsin and Michigan, not nearly as good news for Donald Trump. [Audio link to show follows below.]

First up today, the White House is desperately scrambling for new distractions from Trump's unpopular, nearly month-long federal government shutdown and, of more pressing import for the President on Friday, an explosive report published Thursday night by BuzzFeed News. The otherwise uncorroborated article alleges that Trump instructed his former personal lawyer Michael Cohen to lie to federal investigators about the Trump Organization's proposed deal to build a Trump Tower in Moscow. The story cites two unnamed sources as "federal law enforcement officials involved in an investigation of the matter" and claims that Special Counsel Robert Mueller's office learned about the directive "through interviews with multiple witnesses from the Trump Organization and internal company emails, text messages, and a cache of other documents."

Cohen has admitted to lying to Congress and federal investigators about a number of matters and was sentenced last November to three years in prison after cooperating with Mueller's probe. If the story proves true that Trump instructed him to lie about the project --- which was reportedly still being worked on by Trump through June of 2016, much later than he had initially admitted --- it would, according to Democrats today, amount to evidence of the subornation of perjury as well as obstruction of justice, both impeachable offenses.

We also share the reaction today from Trump and the White House, neither of which denied the reporting initially, choosing to attack Cohen and BuzzFeed instead. Later, Trump's attorney Rudy Giuliani asserted that "Any suggestion --- from any source --- that the President counseled Michael Cohen to lie is categorically false." [POST-SHOW UPDATE: In a rare and carefully worded statement issued late Friday evening by Mueller's office, after we got off air, they disputed BuzzFeed's "description of specific statements...and characterization of documents and testimony obtained" by the Special Counsel.]

In other news today, a federal judge in Wisconsin on Thursday made short order of a challenge to new limits on Early Voting and allowable polling place IDs in the state after Republicans rammed through new restrictions during an extraordinary lame-duck session of the legislature last December, following Governor Scott Walker's re-election loss in the November midterm election. Thanks to heavy turnout, including record Early Voting numbers, Democrats won every statewide contest on the ballot and 54% of the votes for the State Assembly. But, thanks to partisan gerrymandering by state Republicans, they won only one third of its seats.

In a terse, 5-page ruling [PDF] on Thursday, U.S. District Judge James Peterson ruled it was "not a close question" that the GOP's newly enacted voting restrictions were an unconstitutional violation of voting rights, just as he had found nearly identical provisions to be, as passed by GOP lawmakers in 2016.

We're joined today by ANALIESE EICHER, one of the named plaintiffs from One Wisconsin Now's lawsuit challenging both the 2016 law and the late 2018 lame-duck version which Walker signed just days before leaving office. In addition to that court victory on Thursday, the non-partisan group had another on Friday, when a different court ruled that Republican lawmakers were in violation of the First Amendment by blocking the organization and others on Twitter. (Heads up, Alabama Sec. of State John Merrill!)

In neighboring Michigan, the new Democratic Sec. of State Jocelyn Benson announced she was seeking a settlement with Democratic challengers to the legislative and Congressional districts drawn by Republicans in that state. The previous Sec. of State, a Republican, was preparing to defend what Dems describe, with very good evidence, to be an extreme and unconstitutional partisan gerrymander after the 2010 Census. (One such piece of evidence are emails from GOP lawmakers discussing districts mean to "give the finger" to a former Democrat Congressman, and to "cram ALL the Dem garbage" into four districts so Republicans could control more seats across the state.)

A settlement with the newly seated SoS could result in new district maps drawn before the 2020 election. Last November, MI voters approved a ballot initiative that would put an independent redistricting commission in charge of drawing maps following the 2020 Census.

Finally today, we're sent off into the weekend with a pretty hilarious song about Donald Trump's wall, courtesy of satirist Randy Rainbow...

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

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