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Latest Featured Reports | Friday, March 1, 2024
Corrupted SCOTUS Further Delays Trump 2020 Election Theft Trial for 'Immunity' Appeal: 'BradCast' 2/29/24
Guests: Heather Digby Parton of Salon, 'Driftglass' of 'Pro Left Podcast'...
'Green News Report' 2/29/24
  w/ Brad & Desi
Historic winter heat smashes records, sparks massive TX fires; CO sues oil companies over abandoned wells; PLUS: EVs, clean electricity promise huge health benefits for kids...
Previous GNRs: 2/27/24 - 2/22/24 - Archives...
Raw Story Journalist Doxxed, Threatened After Reports on Teen Neo-Nazi Recruiters: 'BradCast' 2/28/24
Guest host Nicole Sandler w/ Jordan Green; Also: MI Primary; McConnell stepping down...
COVID: The Afterparty
The fun continues! (But, no, thankfully, it's not COVID this time...)
'Green News Report' at 15
Some thoughts on 15 years of the longest-running program on our public airwaves focused on connecting the critical climate change dots through coverage of environmental news, politics, analysis (and a helpful dose of snarky comment!)...
'Green News Report' 2/27/24
  w/ Brad & Desi
OUR 15th ANNIV. EPISODE! 2.5M Americans displaced by weather last year; TX home prices plunge after new law; PLUS: Chicago sues major oil companies over climate damages...
Previous GNRs: 2/22/24 - 2/20/24 - Archives...
From Russia With...The Left: 'BradCast' 2/26/24
Some on the progressive Left have fallen prey to Kremlin propaganda. Today, we call them out and they call in; Also: SC GOP primary and the mad election, govt shutdown, SOTU, Trump accountability week ahead...
Sunday 'Useful Idiot' Toons
Comrades! Please enjoy our latest weekly toon collection! Courtesy of highly trusted whistleblowers and military-grade informants!...
Our Russian Nesting Doll: 'BradCast' 2/22/2024
How the U.S. has fallen prey to a decade-long Russian intel op; Also: Lindell owes $5M for lost 2020 contest; Media ignore good Biden polling amid ill-considered bids to replace him...
'Green News Report' 2/22/24
  w/ Brad & Desi
EPA's 'Good Neighbor' pollution rule at SCOTUS; Bizarre heat in Japan; Near-universal global public support for climate action; PLUS: Biden Admin cleans up nation's drinking water...
Previous GNRs: 2/20/24 - 2/15/24 - Archives...
DeSantis' Anti-Labor Law Now Nixing Unions for 1000s of FL Workers: 'BradCast' 2/21
Guest: Rich Templin of FL's AFL-CIO; Also: NY A.G. may seize Trump building to cover fines; Biden forgives another $1.2B in student loans...
Wisconsin's Decade-Long Un-Democracy Finally Undone. (Almost.): 'BradCast' 2/20
Guest: WI's John Nichols; Also: 2020 Team Trump attorneys lose again at SCOTUS; And a word on the 'victims' of Trump's decades-long NY real estate fraud...
'Green News Report' 2/20/24
Record ocean heat decimating FL's coral reefs; Plastics industry's 50-year recycling scam; PLUS: Nearly half of world's migratory species in decline, U.N. study finds...
After Navalny: 'BradCast' 2/19/24
Also: Massive election fraud alleged in Pakistan; Final death blow for GOP fraudsters' phony election fraud film, '2000 Mules'...
Sunday 'Partying With Putin' Toons
Can someone let Tucker know that Vlad got another one? It's our latest collection of the week's best toons...
In Memoriam: Alexei Navalny (1976-2024)
So, remind me again how wonderful Vladimir Putin is...
Guns Again, Trump as Ever, Media Failure and the Way Forward: 'BradCast' 2/15/24
Also: Special Counsel probing Hunter Biden indicts informant who lied about 'bribes' to the Bidens from a Ukrainian energy company...
'Green News Report' 2/15/24
Oil spill in Trinidad and Tobago; Greenland getting greener; Wildfires reversing hard-won gains against air pollution; PLUS: Climate change comes for chocolate...
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...
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'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
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...

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...

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...

The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

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

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...

The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

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...

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...

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...

With Brad Friedman & Desi Doyen...
By Desi Doyen on 1/18/2024 10:41am PT  

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IN TODAY'S RADIO REPORT: U.S. Supreme Court's right-wing supermajority appears ready to gut federal agency authority on environmental regulations and more; Social media sites profiting off of a new breed of climate denial, new study finds; PLUS: Frigid Arctic air strands drivers of both electric and gasoline vehicles... All that and more in today's Green News Report!

Click here to listen or download MP3 (6 mins)...

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IN 'GREEN NEWS EXTRA' (see links below): An unprecedented flu strain is attacking hundreds of animal species. Humans could be next; 'Control the narrative': Alabama utility wields influence by financing news; EU bans 'misleading' environmental claims that rely on offsetting; Bird populations are declining. Some are in your neighborhood; Dr. Michael Mann’s defamation case over online attacks finally comes to trial... PLUS: These startups are teaming up to decarbonize cement and concrete... and much, MUCH more! ...

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

Guest host Nicole Sandler with messaging expert Anat Shenker-Osorio; Also: Trump trials continue; SCOTUS eyes another landmark precedent...
By Desi Doyen on 1/17/2024 5:28pm PT  

Brad is out today, trying to recover once and for all from his rebound case of COVID. So guest host Nicole Sandler joins me (producer Desi Doyen) to bring you a fresh, new BradCast to tickle your ears and brain cells. [Audio link to full show follows this summary.]

Among our stories covered today...

  • The U.S. Supreme Court heard oral arguments on Wednesday in two important cases: Loper Bright Enterprises v. Raimondo and Relentless v. Department of Commerce. On the surface, the two cases appear to be somewhat innocuous, focused on technical issues about the scope of federal fees and regulations. But, in reality, the cases are vehicles of the fossil fuel industry and rightwing legal groups to achieve their long-sought goal of dismantling federal regulatory and administrative authority by overturning the four-decade old, landmark precedent known as the "Chevron deference". It is, as Cornell Law School describes, "One of the most important principles in administrative law."

    Established in 1984's Chevron v. National Resources Defense Council, the ruling is a key underpinning of federal administrative law with broad applications to nearly every single aspect of American life. At its core, it holds that judges are not technical experts, so they should defer to federal agency expertise when determining Congressional intent on an ambiguous law or statute.

    According to legal analyst Ian Millhiser at Vox, Chevron "places strict limits on unelected federal judges’ ability to make policy decisions for the entire nation," establishing that it is "better for federal agencies, and not judges, to make these sorts of decisions". Millhiser concludes that overturning it would "shift policymaking authority from the executive branch to the judiciary," allowing unelected judges to effectively make policy and insert their own political or ideological preferences.

    In oral arguments at SCOTUS on Wednesday morning, four members of the rightwing supermajority on the packed and corrupted Court --- Justices Clarence Thomas, Sam Alito, Neil Gorsuch, and Brett Kavanaugh --- each signaled they were likely to overturn this landmark precedent.

  • Details from the contentious federal court hearing in New York on Wednesday in the second civil defamation trial brought by author and former columnist E. Jean Carroll against disgraced ex-President Donald Trump. The judge threatened to expel Trump from the courtroom after he repeatedly ignored warnings to remain quiet as Carroll testified that he shattered her reputation after she publicly accused him of sexual abuse. A previous state case in NY established that Trump did, in fact, sexually abuse Carroll at a department store in the 1990s. That jury awarded her $5 million for the defamatory comments he made about her after leaving office. He has continued his defamation since then. The jury in this federal case will only determine how much, if any, damages should be for the defamatory remarks he made about her while serving as President.
  • Finally, Nicole's speaks with author and communications expert ANAT SHENKER-OSORIO, founder of ASO Communications and host of the Words to Win By podcast. In an illuminating interview, Shenker-Osorio offers key insights and practical advice on winning political messaging, the ways in which the words that we use matter, and how to help ensure voters are engaged and informed that the critical 2024 election is now a choice between "freedom or fascism."


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Despite media punditry, the facts, the law, lightning-fast scheduling and an insulated Judiciary may not bode well for the former President...
By Ernest A. Canning on 1/15/2024 11:35am PT  

As a poll-obsessed media focuses on what many see as a seemingly inevitable contest next November between the former and current Presidents, it has become easy to look past the distinct possibility that the U.S. Supreme Court might bring about a swift end to the 2024 Presidential campaign of Donald J. Trump.

By way of a Jan. 5 decision, in Trump v. Anderson, SCOTUS agreed to hear the former President's Jan. 3 legal challenge to the Colorado Supreme Court's ruling, in Anderson v. Griswold. In that case, the high court in CO ruled that, by reason of §3 of the 14th Amendment, Trump is an insurrectionist and, therefore, disqualified from running for the Office of President of the United States. The CO ruling has been stayed pending a final decision from the U.S. Supreme Court.

There are multiple reasons why the SCOTUS decision to hear this landmark case may not bode well for the former President, even if the many pundits are inclined to believe that a majority of Justices on the High Court will concoct some extra-Constitutional reason to allow him off the hook. Neither the facts, the law, nor published opinions advanced by conservative constitutional scholars support a decision to overturn the CO Supremes' landmark ruling.

While widely overlooked by most in the media, the identity of the parties could also be critically important. The Anderson Respondents --- 4 Republicans and 2 independents eligible to vote in the Colorado Republican Primary --- essentially represent the dwindling number of honest conservatives, who make up what might be described as the Liz Cheney Wing of the GOP.

Unlike Congressional Republican cowards, who know better, yet shamelessly embrace the dangerous Orwellian lies of a would-be dictator, GOP-appointed, life-tenured members of the federal judiciary need not fear being removed from the bench during a primary election by the MAGA base. While Trump sycophants in the U.S. House have demonstrated a willingness to initiate baseless, partisan impeachment inquiries, the prospect of impeachment of any Justice who voted to uphold Colorado's §3 disqualification decision, followed by a 2/3 vote to convict in the Senate, are so remote as to not even be worthy of consideration.

The lightning fast scheduling set forth in the Court's order to hear the CO matter reflects a recognition that, if it upholds the state trial court's factual finding that Trump "engaged" in an "insurrection" and the Colorado Supreme Court's legal determination that Trump is therefore disqualified by reason of §3 of the 14th Amendment, SCOTUS can both prevent the former President from running for office and afford voters --- especially Republican primary voters --- the opportunity to make an informed choice between qualified candidates.

The facts of the case --- if not necessarily the media punditry or courage of our Republican-appointed Supremes --- reflect that reality...

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

Guest: Dan Froomkin of Press Watch; Also: A whole bunch of long-overdue accountability news for a whole bunch of rightwingers!...
By Brad Friedman on 1/10/2024 5:03pm PT  

No matter what happens in this year's election, the year will be like none other in the U.S. Are the mainstream media --- which arguably helped lead us to our current mess at the edge of a potential collapse of American democracy --- able to meet the challenge? To serve a nation that badly news an unapologetic press able to call out the corrupted without "both sidesing" every issue? That's where we begin on today's BradCast, before covering a whole bunch of accountability for rightwingers and rightwing organizations in recent days and weeks. [Audio link to full show follows below this summary.]

It seems impossible to believe that the U.S. mainstream media will be able to meet this moment. And yet, there are signs, suggests our guest today, longtime journalist and media critic DAN FROOMKIN of Press Watch, formerly of Washington Post, Huff Post, The Intercept and Harvard's journalism watchdog, the Neiman Foundation.

In a column late last year, Froomkin detailed the "intense internal pressure to defend democracy" that newsrooms will be facing in 2024. The greatest pressure, he reports, is likely to come not from outside those newsrooms, but from inside, where "traditional bosses are still in control," holding fast to "both sides" journalism, but where they are finally being challenged by what he describes as a "silent journalistic majority", an often younger and/or more diverse group of reporters "whose sense of self is defined by more than just not taking sides. It’s defined by informing the public of the truth."

With the stakes now higher than ever, he observes, there are signs, at least, that some in the traditional, unhelpful mainstream are begin to change in order to meet the moment. It's a tall order --- especially after so many decades of failure --- but there are some positive signs that even the traditionalists are beginning to understand the threat posed to American democracy itself by a Republican party which has now all but fallen to the fascistic, autocratic demands of its cult leader.

"The good news --- and it is unusual for me to focus on the good news in the media --- is that I think we're seeing two steps forward, one step back, in that I do see some braver, more honest, more upfront journalism happening on occasion at the major institutions," Froomkin tells me, before adding, "And then every so often, they'll backslide terribly."

He argues that many are "getting really impatient with this 'both-side'-ism, this 'a pox on both your houses' stuff."

"If you talk to any journalist who is not personally invested in the old way of doing things, you'll find that they actually agree with this critique. It is not a radical critique anymore. It is very much a 'How do we do journalism in this day and age?' question. And I think the answer is increasingly becoming that we need to call it out the way we see it. And that we need to stand up for democracy and for a free press, and for core journalistic values. It doesn't mean telling people to go vote Democratic, it doesn't mean being easy on the Democrats. But it does mean pointing out what this danger is right now."

"If Trump takes power, he's going to go after the media. And he will criminalize journalism in a lot of ways, and the free press will be under a lot of pressure. I don't think any journalist can sit there and say, 'I'll be fine if Trump wins.' They should all be terrified," Froomkin asserts, adding: "An increasing number are. You're seeing some of that, for instance, in this story on political violence. That was one of the big issues swept under the rug until recently."

As Froomkin explains, the jury is very much still out. But what he once saw as a "generational project" now needs to happen much quicker. "The stakes feel so high right at this moment --- for obvious reasons --- that I think there’s pretty good chance of change before November," he wrote last month. We'll see if he's right about that.

In the meantime, there has been some encouraging news elsewhere, at least from the court system in recent weeks, resulting in a rush of long-overdue accountability for people and organizations of the corrupted right.

  • Last week, New York Attorney General Tish James' office filed motions seeking $370 million from Donald Trump, his company, and its top executives for years of massive bank, tax and insurance fraud. She is also seeking a lifetime ban from the NY real estate market for Trump, and a five-year ban for his eldest sons. The whole crew has already been found liable by the state judge overseeing the case. The only question now is what the penalties will ultimately be. Closing arguments are this week and Trump will not be allowed to make part of them himself, after failing to agree he would do so without attacking prosecutors, the judge or his staff, or turn the remarks into a political statement.
  • Also last week, Wayne LaPierre, the wildly corrupt 30-year leader of the terrorist-supporting National Rifle Association, finally resigned on the eve of his corruption trial --- also thanks to Tish James in New York --- which began this week. LaPierre and other top NRA officials allegedly bilked millions of dollars from the non-profit organization to fund their own lavish lifestyles. James hopes to force LaPierre and the others to pay it all back and permanently bar them from serving on the board of any NY charity. Thoughts and prayers.
  • Longtime Republican grifter James O'Keefe's sleazy, fake "journalism" organization called Project Veritas, finally seems to be all but permanently dead. That, after O'Keefe was found to have overseen years of "financial malfeasance" according to its Board and newly seated CEO, Hannah Giles, who resigned last month citing "an unsalvageable mess" at the organization, "one wrought with strong evidence of past illegality and past financial improprieties." Giles originally played the "prostitute" in heavily edited videos published years ago by Andrew Breitbart targeting the community organizing and voter registration group ACORN. O'Keefe --- as we spent quite a bit of time some years ago detailing to mainstream media outlets who had also fallen for the hoax --- pretended to have dressed up as a "pimp" in those fraudulent videos. Though scams, they still resulted in rightwing millionaire, billionaire and just plain old dupes donating tens of millions of dollars to O'Keefe's organization over the years in support of their phony, frequently unlawful, partisan schemes targeting groups and individuals on the left. The organization and O'Keefe himself are reportedly under criminal and/or civil investigation for a number of those schemes.
  • Remember Kim Davis? The sleazy, far-right Kentucky county clerk who, in 2015, refused to issue marriage licenses to same sex couples after the U.S. Supreme Court's Obergefell ruling? Last week, a federal judge found her liable for $260,000 in legal fees and expenses incurred by one of the couples who she unlawfully refused to license. In 2022, a federal jury said she had to pay the couple $100,000 in damages. The rightwing legal organization representing Davis for free, Liberty Counsel, says they will appeal the original verdict, the order for attorneys fees, and Obergefell itself at the U.S. Supreme Court.

FINALLY, as today's show ended, it looks like former New Jersey Gov. Chris Christie has decided to suspend his 2024 GOP Presidential campaign (much as we called for him to do --- if he was truly serious about keeping Trump out of the White House --- on yesterday's program.) The announcement comes just hours before a debate tonight between Nikki Haley and Ron DeSantis in advance of Monday's Iowa Caucuses. Presumptive frontrunner Donald Trump won't be at this debate either, but we will have Special Coverage, nonetheless, for some reason, on tomorrow's BradCast...


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We're back! (Sort of.) With former Dep. Asst. AG Lisa Graves of True North Research and attorney Keith Barber of Daily Kos...
By Brad Friedman on 1/4/2024 6:21pm PT  

We're still wrestling and/or dodging COVID on today's BradCast --- and not sure we can pull it off again until everyone tests negative (see this for more details.) But we really wanted to get back on the air for the first time this year after a longer-than-planned holiday break! And so we did. (No promises as to our next air date, however! Working on it. Not easy.) [Audio link to full show follows this summary.]

Our guests today are former U.S. Deputy Asst. Attorney General LISA GRAVES, now of True North Research, and retired attorney KEITH BARBER ('KeithDB' at Daily Kos), who, like Desi, is also fighting a post-holiday bout with COVID.

After new news today on Donald J. Trump's never-ending corruption, we pick up in 2024 following the several cliff-hangers of 2023. We literally left off at the end of our final show last year, when, just minutes before signing off, the Colorado Supreme Court released its 200-page Opinion [PDF] that the disgraced former President and presumptive GOP front-runner was in violation of Section 3 of the U.S. Constitution's 14th Amendment, barring insurrectionists from public office. Thus, the SCOCO ordered that he may not appear on the Colorado ballot as a candidate in 2024.

Since then (among a thousand other things), the Maine Sec. of State has similarly barred Trump from the ballot in her state. He has appealed that ruling to the state's Superior Court. and both the Colorado Republican Party and Trump himself have now appealed CO's ruling directly to the U.S. Supreme Court.

That, of course, is just one of the many critical cases on which American democracy may hang, as pending either now or soon before the corrupted and disgraced Republican majority at SCOTUS. They will also likely soon be wrestling with Trump's claim --- in Jack Smith's federal case against him related to his attempts to steal the 2020 election --- that Presidents have "absolute immunity" from charges for any crime they commit while serving in office.

Moreover, SCOTUS has already decided to hear a challenge to the charge of Obstruction of an Official Proceeding --- as successfully brought against hundreds of January 6 defendants --- on the basis that the law was originally intended only for white collar financial crimes. In addition to hundreds of J6 defendants charged with and/or convicted of that crime, two of Trump's four counts in his federal indictment for 2020 election interference are based on that same statute.

So, what does all of this mean for Trump and the High Court --- and the American voters! --- as we enter the 2024 election year? Will his corrupt SCOTUS friends (and appointees) use any of those three cases to let Trump off the accountability hook? Will the Court's so-called "conservatives", who have claimed for years to believe in a strict textualist and originalist interpretations of the Constitution, conjure up some excuse to ignore the simple text of the 14th Amendment and the original intent of its post-Civil War framers? Will they allow Trump's March 4 trial date in the Jan. 6 case to slip beyond the election as they determine whether Presidents are allowed to violate any law they wish? Or will they choose instead to "settle all family business" by doing the right thing in the above-noted matters and, thus, end their own Trump-fueled nightmares along with the nation's?

"The same people that went to the courts scores of times trying to keep Obama off the ballot, under the absurd birther argument, are now trying to say the courts can't decide" on the Insurrection Disqualification Clause, observes Barber, a former Republican, today. "They let the courts decide before, and no one argued then that the courts couldn't."

Warns Graves about Trump's argument in favor of Presidential Immunity, it "is literally a recipe for tyranny," as it would allow any President (even the current one, apparently) to commit any crime at any time without possibility of ever facing charges.

Tune in for a bunch of smart thoughts and helpful insights on all of the above today as we head into what Graves aptly describes as a "land of uncertainty" as 2024 unfolds (unravels?) before our very eyes.

Also, while she was unable to join us for today's full show due to her COVID diagnosis, Desi Doyen joins us nonetheless for our first Green News Report of the year today, as we try to begin catching up with a whole bunch of stuff we missed over our longer-than-expected holiday break...which --- depending on how a whole bunch of antigen tests go for both of us in the days ahead --- may or may not continue, whether we like it or not...


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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, Pandora, TuneIn, Google, Amazon or our native RSS feed!

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Trump likely to appear on CO GOP's 2024 primary ballots nonetheless...
UPDATE, 1/3/24: Trump contests 'engaged' in 'insurrection' finding in separate SCOTUS; UPDATE, 1/5/24 SCOTUS grants cert; sets oral argument for Feb. 8...
By Ernest A. Canning on 12/30/2023 1:23pm PT  

Apparently, the Colorado Republican Party does not dispute that Donald J. Trump "engaged in" an insurrection on January 6, 2021.

That's interesting. Perhaps astounding. Or perhaps they just don't want the U.S. Supreme Court to officially agree as much.

In asking SCOTUS to overturn the Colorado Supreme Court decision, in Anderson v. Griswold --- which directed the CO Secretary of State not to place the name, Donald J. Trump, on the Colorado Republican Presidential Primary Ballot --- the CO GOP, in its Petition for Writ of Certiorari, failed to contest the factual findings, initially made by a trial court and later upheld by the CO Supremes, that what took place on January 6, 2021 was an "insurrection" and that former President Donald J. Trump "engaged" in that insurrection.

(Those currently uncontested findings also provided the basis for the administrative law ruling [PDF] issued by Maine Secretary of State Shenna Bellows on Thursday, determining that the name Donald J. Trump may not appear on Maine's Republican Presidential Primary ballot.)

Instead, the CO GOP confined its legal arguments to (1) whether a "President falls within the list of officials subject to disqualification under §3 of the 14th Amendment", (2) whether §3 is "self-executing", and (3) whether a court-ordered disqualification violates the Party's First Amendment right of association.

As observed by Harvard's constitutional scholar, Lawrence Tribe, the claim that a President is not an "officer" subject to §3 disqualification is "as baseless textually as it is off base intuitively."

The 1st Amendment right of association argument is also remarkably weak.

The U.S. Constitution mandates anyone running for President must be at least 35-years old at the time they enter office. If a refusal to place the name of a 25-year old on a Presidential primary ballot doesn't violate 1st Amendment associational rights, then surely the refusal to place the name of someone disqualified by reason of §3 of the 14th Amendment doesn't violate the 1st Amendment either.

Nonetheless, despite weak arguments, absent a swift SCOTUS denial of cert, it's likely the name Donald J. Trump will appear on the CO Republican Primary ballot...

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

Top of mind thoughts at year's end...
By Brad Friedman on 12/28/2023 1:37pm PT  

It seems to me this could be the year that the corrupted, packed and stolen U.S. Supreme Court could pull a Michael Corleone and "settle all family businesses". But in a good way.

If they wanted to, they could finally say "no" to Trump on the ridiculous notion of "Presidential Immunity". They'd have nothing to lose. They could say "yes" to his disqualification from public office under the text of Section 3 of the U.S. Constitution's 14th Amendment, which its founders obviously wrote to bar someone like Trump, who clearly "engaged in insurrection" against the Constitutional order, from being allowed to ever serve in public office again.

As far to the right as the Court's Republican Justices are, they already have everything they now need. They have nothing to gain from continuing to entertain Trump. In fact, he has made their lives as much of a living hell as he has for the rest of us. They've already got a 6 to 3 majority. That will sadly but largely hold. Even if Thomas decides, for once in his life, to do the right thing (he won't; why start now?) and retire.

And while a Democratic President might be the one to replace Thomas in such an event, it is arguable that virtually any other Republican candidate for President in 2024 would have an easier path to defeating Biden than Trump would, if a SCOTUS majority followed an originalist interpretation of 14.3 and disqualified Trump from the ballot. Win win for the Court, if not necessarily for us. Of course, most Pundits and Experts --- particularly on the Left, always girding for defeat --- seem to think SCOTUS will conjure up, from whole cloth, transparently absurd "judicial reasoning" to allow Trump to run anyway. Certainly possible. Perhaps probable. Though I'm not as certain as those Pundits. I'm an optimist. Somehow. Even now. Even if his removal wouldn't bode electorally well for Democrats.

Allow his criminal trial in D.C. to proceed before the election, in regards his ridiculous Immunity claim. Allow state's rights to hold on Insurrection Disqualification. The Court could, if it wanted to, Settle all Family Business.

Sure. It would get ugly. But while the Republican Justices are corrupt, they aren't stupid. They known ugly is coming no matter. The only question is when and how cowardly they are. They know another day of MAGA Reckoning --- as January 6 --- remains. Do they prefer it Sooner or Later? Their call. They've talked themselves into doing The Right Thing once or twice in recent years. They can do it again. Their jobs, no matter, will still be secure for life, and made easier by the day. That is their 2024 dilemma.

2023 ends on too many cliff-hangers. 2024 will begin by reconciling a few. The horrific Trump Show will continue nonetheless. We collectively decided as much when we allowed it to begin in the first place in 2015/16. It's unlikely to end in 2024. But it could finally Jump the Shark towards its long-forestalled Series Finale. Perhaps it already has.

No matter, we live in this show together, come hell and highwater. Hold fast. It'll get choppier still. But it can get better. We can decide as much. Eventually.

With that news --- as bright as I can offer as the calendar turns --- Happy New Year to all! And, most especially, thanks to those of you who have made The BRAD BLOG and all of its various element parts possible for --- as of later in January --- 20 mind-blowing years.

-- BF

Threat of nationwide ban is over, likelihood of newly imposed restrictions on expanded, FDA-approved availability dimmed...
By Ernest A. Canning on 12/21/2023 12:35pm PT  

Believe it or not, we have good news at year's end from our otherwise radicalized and corrupted U.S. Supreme Court regarding abortion rights.

SCOTUS' recent decision [PDF], in Alliance for Hippocratic Medicine v. Food & Drug Adm., to hear the abortion pill case in response to the Petition [PDF] filed by the Biden Administration's U.S. Solicitor General and to grant the Petition [PDF] filed by manufacturer Danco Laboratories --- together with its denial of AHM's Cross Petition [PDF] --- is an encouraging development for reproductive liberty.

The Alliance for Hippocratic Medicine (AHM) is a group of right-wing Christian physicians who sought, and initially obtained, a nationwide ban on the prescription, sale, distribution and use of mifepristone --- a medication first approved by the FDA in 2000 as part of a two-drug regimen to terminate early-stage, intrauterine pregnancies.

According to the FDA's January 2023 Risk Evaluation and Mitigation Strategies [REMS] determination for the drug, mifepristone enables a woman "to end an intrauterine pregnancy through ten weeks gestation," during which it is found to be both 98% effective and safer than Tylenol.

On April 7, 2023, however, Judge Matthew Kacsmaryk, a Trump appointed, Texas-based U.S. District Court Judge, issued a preliminary injunction that imposed a nationwide ban on mifepristone. Before being tapped by Trump, Kacsmaryk was an anti-choice activist and is regarded by many as a right-wing religious zealot. His ruling was in direct conflict with a separate decision issued on the same day by U.S. District Court Judge Thomas O. Rice in Washington State. Rice ordered the FDA to keep mifepristone on the shelves of 14 States and the District of Columbia.

Although the conservative 5th Circuit Court of Appeals refused to stay Kacsmaryk's nationwide ban, the U.S. Supreme court, in late April, by way of a 7 - 2 Decision [PDF] (with Justices Alito and Thomas dissenting), granted a stay of both the 5th Circuit and Judge Kacsmaryk's temporary, nationwide ban on mifepristone. By the express terms of the April 21 SCOTUS decision, the stay would remain in effect until the end of the appellate process.

Because the Supreme Court has now granted both the government's and mifepristone manufacturer Danco's petitions for certiorari, at a minimum, that stay will remain in effect until the Supreme Court issues its final ruling.

Kacsmaryk's original total ban rested upon what, even then, seemed like a tenuous AHM effort to evade a six-year statute of limitations with respect to the FDA's initial approval of mifepristone that was issued while Bill Clinton was still in office. The Supreme Court's denial of the AHM cross-petition, which contested the 5th Circuit's ruling [PDF] --- that the effort to contest the 2000 approval is barred by the statute of limitations --- is now final.

Thus, the judicial threat of a nationwide ban on mifepristone no longer exists!

One of the two remaining issues, however, entails whether the 5th Circuit erred in finding that the FDA acted in an arbitrary and capricious manner in its subsequent REMS determinations, years after the 2000 approval. (Those subsequent REMS determinations, based upon extensive medical studies and worldwide practical use, made it easier for patients to obtain access to mifepristone). But before the Supremes can even reach that issue, they face the threshold question as to whether AHM physicians who do not even use or prescribe mifepristone have Article III standing to file their legal challenge to the FDA-approved abortion pill in the first place...

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

Guest: Legal journalist Mark Joseph Stern; Also: Dow tops record high; Chutkan pauses Trump case; Hunter Biden pushes back at U.S. Capitol; House GOP votes to open revenge Impeachment inquiry...
By Brad Friedman on 12/13/2023 6:32pm PT  

We couldn't keep up with everything as it kept breaking all day and throughout today's BradCast. But we tried. Even while welcoming back one of our favorite guests. [Audio link to full show follows this summary.]

We're happy to joined once again today by Slate's top shelf legal journalist, the great MARK JOSEPH STERN, who is now back from his recent parental leave. (That, thanks, in no small part, to an excellent contract by his union, the Writers Guild of America!) And, while we had previously planned to talk with Mark today about far-right Trump appointees to the lower federal courts undermining voting rights and even the Supreme Court itself, the news just kept coming today out of SCOTUS. Thankfully, Stern was here to hold our hand through it all.

After indicating earlier this week they were prepared to move quickly in response to Special Counsel Jack Smith's request for an expedited hearing on Donald Trump's ridiculous appeal regarding Presidential Immunity, the Supremes announced on Wednesday they would be taking up a challenge to the federal law used to charge hundreds of January 6 insurrectionists, including Trump himself. Two of the four charges he is facing in his federal election interference case are related to unlawful obstruction of an official proceeding. But a lower federal court Trump judge, Carl Nichols, has decided those obstruction charges --- adopted by Congress as part of the 2002 Sarbanes-Oxley Act, focused mostly on white-collar crime --- are inappropriate for use against J6 rioters.

What will that mean for the pending charges against Trump and his trial currently scheduled for March 4 next year? Stern describes it today as "a troubling development", if only because "there wasn't a significant dispute over the interpretation of this particular statute" which has been used to convict hundreds of J6 attackers. While he explains that it is not necessarily fatal to either Smith's indictment against Trump in D.C. or the ability for U.S. District Judge Tanya Chutkan to complete the trial before next year's election, Stern regards it as "an ominous sign for those of us who wanted Chutkan to be able to move forward on her own timeline."

Nonetheless, it is, once again, another example of a lower court Trump judge "try[ing] to wield their power in aggressive and truly unprecedented ways." That similar effort to go "beyond the judicial power to essentially act as a free-floating veto over any Democratic policy, and trying to smuggle in Republican policies under the guise of judicial review," as Stern characterizes it, was similarly on view today as the High Court also announced plans to hear a challenge to the use of the widely prescribed abortion drug Mifipristone. That, after abortion opponents filed their case specifically so that it would be taken up earlier this year by Trump-appointed anti-choice activist Matthew Kacsmaryk, the only U.S. District Court Judge in the Northern District of Texas.

But where the "dead hand of the Trump Administration," as a recent article by Stern describes it, may be most troubling is in a series of recent rulings by Trump judges focused on undermining the Voting Rights Act, which is facing a tenuous moment at the stolen, packed and corrupted GOP-majority Supreme Court. Stern details three different recent cases --- one of them "almost too painfully stupid to explain" --- where jurists appointed by Trump in the lower courts are targeting and/or undermining the landmark civil rights law, even in violation of both long-standing SCOTUS precedent and very recent opinions by the High Court.

But, the news just kept on breaking today. Chutkan declared that Trump's Jan. 6 case would have to largely be "paused" until Trump's ridiculous immunity appeal is resolved, further imperiling next year's scheduled March 4 trial date.

The Dow hit a record high on Wall Street, as investors became jubilant at news from the Federal Reserve that it is likely to finally begin lowering interest rates next year --- even more aggressively than previously expected.

The 200 nations meeting in Dubai for the U.N.'s COP28 finally came to an agreement on their final statement after this year's climate conference. They deigned to mention the phrase "fossil fuels" for the first time ever. But more on that (hopefully!) tomorrow.

And the GOP-controlled U.S. House of Representatives, in a strict party-line vote, adopted a resolution to officially open an impeachment inquiry against President Joe Biden for...well...something or other. It remains unclear.

In truth, it's a revenge impeachment inquiry meant to placate the disgraced, twice-impeached former President, and to distract from the many failures of a corrupted, dysfunctional GOP-run House in advance of next year's elections. The vote was held on the same day that Republicans again refused to accept Hunter Biden's offer to testify in a public hearing. He had a few words about that for assembled media on the U.S. Capitol steps earlier today...


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COP28 in 'overtime'; Democracy rises in Poland; New U.S. House maps for NY; More good economic news; Trump at SCOTUS; Rudy defames amid defamation trial; Johnson lies about WI's fake electors...
By Brad Friedman on 12/12/2023 6:36pm PT  

If, like me, you're old enough to get the joke in today's headline, congratulations on still being alive! (If you don't remember it, here's a reminder.) But, no, we didn't forget Poland on today's chocked-with-a-surprising-amount-of-not-awful-news BradCast!

Among our stories covered today....

  • Who knew that holding a U.N. conference (COP28) on our climate catastrophe in a petrostate like the United Arab Emirates might end without an agreement --- or with a bad one --- from all 200 participating nations for the first time in the annual summit's 28 year history? Well, it ain't over until it's over, with nations now officially in "overtime" at the Conference, which was otherwise set to end last night. Will they dare mention the phrase "fossil fuels" in whatever final statement they finally unanimously agree to make? Stay tuned!
  • In what is being described as a "political earthquake", after eight years under the heavy hand of a far-right anti-immigrant, anti-media, anti-woman authoritarian party's Prime Minister and President, Poland --- with a front-row seat over the past two years to Russia's autocratic invasion of Ukraine --- elected a centrist, pro-EU Prime Minister on Monday! That is good news on a whole bunch of fronts. It became official today when Donald Tusk received a vote of confidence from parliament after a brief delay when a right-wing lawmaker used a fire-extinguisher to douse candles in a Hanukkah menorah in parliament. "This is a wonderful day," said Tusk to the Polish people on Monday night. "Not for me, but for all those who have deeply believed over these years that things will get even better, that we will chase away the darkness, that we will chase away evil. From tomorrow, we will be able to right the wrongs so that everyone, without exception, can feel at home." The news is a welcome counter-point to the recent rise of right-wing authoritarianism in nations from Argentina to The Netherlands. And, hopefully, its a good omen for 2024 in the U.S.
  • On the other hand, Ukrainian President Volodymyr Zelenskyy had to fly all the way to the U.S. on Tuesday to, essentially, beg far-right Congressional Republicans --- who have apparently lost the plot of democracy --- to continue supporting Ukraine's efforts to hold off the imperialist invasion of his country by fascist Russian dictator Vladimir Putin.
  • Speaking of Congress and democracy, very good news out of New York's high court today, which ordered a new U.S. House map for next year's 2024 Congressional elections, after the map used in 2022 resulted in a bunch of seats flipping from D to R in newly drawn districts after state Dems kinda screwed up the whole process. We explain.
  • And in more potentially good news for 2024, inflation continues to fall faster than expected, as the U.S. economy continues to show surprising resilience and little sign of the recession that many had feared when Donald Trump's Federal Reserve Chairman, Jerome Powell, began raising interest rates last year to combat inflation. Inflation is almost back to normal at 3.1% over last year; gasoline is down 11% over the past two months; employers are still hiring and unemployment remains at a near record-low rate of 3.7%. But, some prices are still high at grocery stores, as is rent and the cost of a home mortgage. Economists are watching Powell closely for a read as to when the Fed may deign to finally lower interest rates next year.
  • No sooner had we gotten off air yesterday, than the U.S. Supreme Court announced it would consider an expedited petition filed on Monday by Special Counsel Jack Smith to hear Donald Trump's appeal on Presidential Immunity in his January 6 federal indictment. It doesn't necessarily mean SCOTUS will hear the full case. But it means they will consider doing so. Smith had filed the petition for cert just hours earlier, leapfrogging the D.C. Circuit Court of Appeals in hopes of keeping next year's scheduled March 4th trial date for Trump on track. All of which, at least for now, is encouraging news to suggest that SCOTUS may both do the right thing and do so with the alacrity that would allow the American people a verdict in the case against Trump in advance of next year's Presidential election.
  • The defamation damages trial against dirtbag former NYC Mayor and Trump attorney Rudy Giuliani --- in which he's already been found guilty of defamation --- continued into its second day on Tuesday. But not before his attorney admitted in Court on Monday (as the federal judge has already found), that Rudy's horrendous claims about two Georgia election workers in 2020 committing fraud for Joe Biden were false. And not before Giuliani then stepped out of the courtroom on Monday and repeated the same baseless claims yet again on the courthouse stairs. Today, U.S. District Court Judge Beryl Howell scolded both Rudy and his attorney, noting that Giuliani's remarks on Monday night "could support another defamation claim" by mother and daughter plaintiffs Ruby Freeman and Shaye Moss. The pair are currently seeking damages in the amount of $15.5 to $43 million in their civil lawsuit. And they will deserve every penny they receive.
  • Speaking of dirtbags, following the news last week that Wisconsin's 10 fake Trump electors had settled a civil lawsuit against them, the state's U.S. Senator Ron Johnson --- already on record as having encouraged state lawmakers to steal the Badger State's 2020 election for Trump --- described the settlement as a "travesty of justice." He insisted that Democrats had done the very same thing "repeatedly" and "in multiple states" in the past. Nonetheless, he couldn't name any state where Democrats had secretly created false slates of electors in hopes of stealing an election when pressed by CNN's Kaitlan Collins. (If Johnson was referring to what happened in Hawaii in 1960, he is wrong about that as well.)
  • Finally, Desi Doyen joins us for our latest Green News Report, with both the good and bad, so far, out of the COP28 Climate Conference in Dubai, and some very good news indeed from President Biden regarding the nation's largest ever investment in high speed rail and U.S. passenger rail service.


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Guest: John Nichols of 'The Nation'; Also: Jack Smith takes Jan. 6 case to SCOTUS; Trump chickens out in NY fraud trial; Rudy's defamation trial on damages begins...
By Brad Friedman on 12/11/2023 6:21pm PT  

Today on 'The BradCast: Lots of accountability under way for Trump and henchmen. And, also...for progressive author and journalist John Nichols?! [Audio link to full show follows below this summary.]

FIRST UP: Donald Trump's best, if not only, chance of avoiding a verdict (and potential felony conviction) before next year's Presidential Election (after which, if he wins, he'll have the power to make most, if not all, of his legal troubles disappear) is to delay Special Counsel Jack Smith's federal Jan. 6-related trial against him from proceeding as scheduled on March 4th.

Trump has one legit chance to do that: his legal challenge regarding whether a President enjoys total immunity from criminal prosecution for crimes committed while in office. U.S. District Court Judge Tanya Chutkan has already ruled firmly against him. But he has the right to appeal the ruling all the way up the U.S. Supreme Court. The appeals --- first with a three-judge panel on the D.C. Circuit, then with the full D.C. Circuit court, and then, eventually, at the U.S. Supreme Court --- could absolutely prevent the trial from beginning or ending before Election Day next year.

So, on Monday, Smith attempted to leapfrog the D.C. appeals court entirely by asking SCOTUS to hear Trump's appeal on an expedited basis. Smith's filing [PDF] to the high court asks: "Whether a former President is absolutely immune from federal prosecution for crimes committed while in office or is constitutionally protected from federal prosecution when he has been impeached but not convicted before the criminal proceedings begin."

The federal prosecutor argues that "it is of imperative public importance that respondent’s claims of immunity be resolved by this Court and that respondent’s trial proceed as promptly as possible if his claim of immunity is rejected."

Citing similar, if very rare, action by SCOTUS in, for example, U.S. v. Nixon, Smith's filing makes the case that "The public importance of the issues, the imminence of the scheduled trial date, and the need for a prompt and final resolution of respondent’s immunity claims counsel in favor of this court’s expedited review at this time."

And now we wait for at least four Justices to agree to take the case up. Everything rides on that and their ultimate ruling --- and the timeliness of same.

MEANWHILE: As far as a substantive defense in the federal Jan. 6-related case in which Trump stands accused of inciting an insurrection at the U.S. Capitol as one of several attempts to steal the 2020 election from Joe Biden, recent filings by Trump, as Washington Post reported last week, "revealed that he has been pressing the Justice Department for information on far-right claims" that the Jan. 6 insurrection was secretly the work of "foreign actors" or "Antifa" or the U.S. Capitol Police somehow in cahoots with Nancy Pelosi, or..."John Nichols," described by WaPo as "a liberal journalist in Wisconsin".

John Nichols?! Our friend and frequent guest John Nichols?! Really?!...Apparently so!

We're joined today by longtime progressive journalist and author JOHN NICHOLS of The Nation, The Progressive and Madison Wisconsin's Capital Times to learn if he, in fact, was at the Capitol on January 6th, 2021 (if not, where was he?); participated in inciting the riot there for some reason; and if he is now, or ever has been, a member of the Deep State?!

His answers today ('In Wisconsin at his daughter's orthodontist office'; 'No.'; And 'No.') may not surprise you!

So, how did all this happen? How did he come to be named in a Trump filing? Should we believe his many alibis (like filing an article at The Nation and speaking on the phone to many locked-down members of Congress that day)? Has he received any threats from MAGA in light of these Trump allegations? And what does any of this actually mean? Well...Nichols is here to explain it all to you.

FINALLY: Trump's $250 million New York State fraud case against him, his companies and his top executives (including his two eldest sons) was to reach a zenith today in Manhattan with the long-promised testimony of Donald Trump himself. On Sunday night, however, he announced on his social media cite he was chickening out and wouldn't be testifying after all. Surprised?

Also today, the civil defamation trial against Trump's disgraced alleged criminal co-conspirator Rudy Giuliani got under way in D.C. During the pre-trial proceedings, the federal judge in the case had already found Rudy guilty of defamation against Georgia election workers Ruby Freeman and her daughter Shaye Moss. He falsely accused them of rigging the election in Atlanta against Trump in the Fulton County counting room in 2020, charging that the two black women were secretly seen on video surveillance tapes passing USB thumb drives back and forth "like they were vials of heroin or cocaine."

They weren't. Freeman was, however, handing her daughter Moss a ginger mint and their lives have been turned upside by the baseless claims repeatedly made by Giuliani, Trump and his many supporters and the vile threats which followed them. The trial is now only needed to determine the amount of damages against the former New York City Mayor. The pair are seeking between $15.5 and $43 million. Giuliani's attorney admitted in his opening statements that Rudy lied about the two women, but he argued that the amount they are seeking "would be the end of Mr. Giuliani."

We can only hope so.


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Guest: Former federal prosecutor Randall D. Eliason; Also: McCarthy quits Congress; U.S. files war crimes charges against Russians; Trump's fake 2020 electors settle WI lawsuit, are indicted in NV...
By Brad Friedman on 12/6/2023 5:31pm PT  

Given all the legal delay tactics available to him, Is it even possible at this point for there to be a verdict in any of Donald Trump's criminal trials before November 5th, Election Day, in 2024? A former federal prosecutor joins us to discuss that very thing on today's BradCast. [Audio link to full show follows below this summary.]

BUT FIRST, there was quite a bit of other news today, some of which is somewhat related...

  • Short-lived former Republican U.S. House Speaker Kevin McCarthy announced he is quitting Congress at the end of this month. The GOP's thinnest of House majorities will become even thinner until California holds a Special Election next year to fill the seat, likely not before next June. That means Republicans will have just two votes to spare on any legislation, including on whether to prevent the Government from shutting down in mid-January. (Happy New Year!)
  • The U.S. Dept. of Justice unsealed war crimes charges against four Russian soldiers accused of torturing an American in 2022 following their ongoing invasion of Ukraine. It is the first time such charges have been filed under a 30-year-old statute. Nonetheless, Congressional Republicans --- even after the news of atrocities committed against Americans and Ukrainians alike --- continue to oppose additional military aid to help our sovereign ally defend democracy itself in Europe against the imperialistic assault of its fascist Russian neighbor.
  • The ten fake 2020 Trump electors in Wisconsin have settled a lawsuit filed against them by two official Biden electors. All ten Republicans, some of them top state GOP officials, have agreed to withdraw their false election filings, acknowledge Joe Biden won the 2020 election, share all related communications, and never serve as a Presidential Elector again in any election where Trump is on the ballot. Exchanges disclosed between several of them reveal that they knew what they were doing was wrong and an attempt to "possibly steal" the election. The exchanges also reveal that WI's U.S. Senator Ron Johnson advocated for the state Legislator to to steal the election for Trump.
  • The six fake 2020 Trump electors in Nevada were criminally indicted today by the state's new Democratic Attorney General Aaron Ford. They all face penalties ranging from one to five years in prison for each of the various charges. This crew of miscreants also includes top Republican state officials, such as state GOP Chair Michael McDonald, Clark County GOP Jesse Law, and Jim Hindle, the man who runs elections in Storey County! Those degenerates join others in both Michigan and Georgia who have already been charged for their parts in attempting to steal the 2020 election for Trump. That, in a state where a new law adopted by the Democratic-run legislature to specifically criminalize future fake electors was vetoed by the state's new Republican Governor Joe Lombardo earlier this year.

THEN, we're joined by RANDALL D. ELIASON, the former chief of the fraud and public corruption section at the U.S. Attorney’s Office for the District of Columbia. He now teaches criminal law at George Washington University Law School, contributes to the New York Times and elsewhere, and blogs at his own site,

Last week, Eliason penned an op-ed for the Times, calling for a "Rocket Docket" for Donald Trump's criminal charges, particularly related to his federal indictment in D.C. related to his attempt to steal the 2020 election. Eliason argues that the American people, to paraphrase Nixon, "have got to know whether or not their (former) President is a crook" before they may have to decide whether to vote for him next year. In fact, he argues, they have a right to know that.

But with all of the pre-trial motions available to the former President, in all four of the criminal trials he is currently scheduled to face next year, is it even be possible for there to be a verdict at the trial level in any of those cases before Election Day, after which, if Trump wins, he'll be able to make most, if not all of the charges disappear?

Eliason argues yes, particularly in the federal trial in D.C., currently overseen by U.S. District Court Judge Tanya Chutkan, as scheduled to begin on March 4 (the day before Super Tuesday). But, he notes at the Times, "whether it happens will be decided by a relative handful of federal jurists --- including a number appointed by Mr. Trump himself."

Nonetheless, Eliason maintains today that a court schedule to keep that trial on track for a verdict before Election Day next year --- and even before Republicans must finalize their 2024 Presidential nomination at their convention next Summer --- is still totally possible. What the courts need to do, he tells me, "is pretty simple. They need to put these [pre-trial] motions on a fast track...They can do that when they want to. They have done it in the past. They just have to have the will to do it. Same with the Supreme Court."

We discuss a number of historic cases --- Watergate, the 2000 election, even cases from 2020 and several of Trump's current cases --- where even the Supremes were able to act with alacrity. "Bush v. Gore they decided in one day," notes Eliason, "so they can move quickly when they want to. But that's really what it all comes down to now."

So, will they? And, if they do, will Trump be able to argue that he did not receive a fair trial in the bargain because they were rushed? And, is there any indication to date that the appellate courts, including SCOTUS, also appreciate the importance of ensuring a conviction or an acquittal before Election Day next year?

We discuss all of that and much more with Eliason on today's program...


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Guest: ACLU voting rights attorney Jonathan Topaz; Also: Israel-Hamas truce extended for two more days amid more hostage releases...
By Brad Friedman on 11/27/2023 6:05pm PT  

We're back live on today's BradCast after a much-needed holiday break. Thanks to those of you who helped us avoid disaster last week! Now the question is whether we'll be able to avoid disaster in next year's Presidential election where we will have "as stark a choice as the United States has ever faced."

A lot happened while we were off (as usual), but none as critical, as far as I'm concerned, as the mind-blowing ruling issued last week by a three-judge panel of the 8th U.S. Circuit Court of Appeal, upholding an insane lower U.S. District Court Judge's ruling in an Arkansas voting rights case.

The lawsuit, filed by the NAACP, challenges Arkansas' gerrymandered legislative maps which should --- if the rule of law and Constitution mean anything anymore --- include another five Black-majority voting districts before the 2024 elections.

However, last year, a Trump-appointed District Court Judge, while recognizing the merits of the case, found for the first time in U.S. history that individual voters and private organizations like the NAACP and ACLU have no "right to private action" to sue against violations of Section 2 of the landmark Voting Rights Act. The lower court judge found that only the U.S. Attorney General may sue to block racially discriminatory laws under Section 2. And, last week, incredibly enough, that ruling was upheld by the 8th Circuit Court of Appeals panel featuring two Trump judges and one George W. Bush appointed judge.

We're joined today by JONATHAN TOPAZ, Staff Attorney at the ACLU's Voting Rights Project, who worked on the case at both the district and appellate court level. He explains that the District Court ruling "was the first court in the history of the United States to determine that Section 2 lacked a private right of action, which means that private plaintiffs are unable to vindicate their rights under Section 2 of the Voting Rights Act. This, at the time, and is today, is an incredibly radical ruling. We appealed, because it had no basis in the text and structure of the Voting Rights Act, it had no basis in the precedent, and it certainly had no basis in the practice of decades and decades of private plaintiffs bringing suits to vindicate the incredibly important right to vote free of racial discrimination under the Voting Rights Act."

But, as Topaz goes on to explain, it got worse. Last week "a divided panel of the 8th Circuit voted to affirm the District Court's finding. So now these are the only two courts in the history of the United States that have ever made such a finding."

Indeed, the arguably even more "conservative" 5th Circuit Court of Appeal, recently found the opposite, that private plaintiffs do have the right to sue. So, the 8th Circuit Court is an outlier, with what Topaz describes as "a radical opinion on appeal to the voters of Arkansas and voters around the country."

What happens next? What will it mean if it is upheld by SCOTUS? What are the chances of that actually happening? How can it be that neither SCOTUS nor Congress nor dozens and dozens of courts have previously noticed this flaw in the VRA over the past six decades? And, if SCOTUS does find in favor of the 8th Circuit, what will that mean for the hundreds of Section 2 cases previously decided in favor of private plaintiffs? Tune in for answers to all of those questions and many more.

Also today, a bit of what suffices for "good news" out of the Middle East on Monday, as Israel and Hamas agreed to extend their four-day pause in hostilities for another two days to allow for the release of more hostages from Gaza and more Palestinian prisoners from Israeli prisons.

That largely encouraging news, however, is somewhat tempered by events back here in the U.S. over the weekend, where three Palestinian students were shot at close range in otherwise peaceful Burlington, Vermont. The three young men, all 20 years old, were heading to dinner at one of the men's grandmother's house. A suspect was arrested on Sunday. We discuss.

Then, we open things up to listeners via phone and email in our closing few minutes...


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Also: Callers ring in on that polling freaking out Democrats...
By Brad Friedman on 11/13/2023 6:13pm PT  

With Democrats still wetting themselves over last week's NYT/Siena polling showing Donald Trump beating President Biden a year from now in five of six swing-states, we finally carved out some time on today's BradCast to dig into the matter.

After a few news headlines, it's on to "that polling" that has freaked out so many regarding Biden's odds next year. It has spawned a thousand explanations. But mine, in short, is not unlike Margaret Sullivan's at The Guardian, where she argues that the bottom line is --- whether the polling is accurate or not --- the media are failing to accurately inform the American people. Not about the "horse race", but about Biden's accomplishments in office and the unprecedented dangers of Trump's vow to move the U.S. to become an authoritarian regime if he is allowed back in office.

President Obama's 2012 campaign manager Jim Messina argues today in Politico there is "no need to panic" over the polling numbers, based on his experience presiding over similarly grim numbers for the incumbent Prez back in 2011, when data guru Nate Silver suggested Obama was "toast" a year out from the election (which he ended up winning); New York Times Magazine gave him just a 17% chance of prevailing (apparently he beat those odds); polling by Politico showed Obama tied with Mitt Romney in 10 battleground states (Obama would go on to win 9 of them); and a December 2011 Gallup poll showed Obama losing to Romney across 12 battlegrounds states (he ended up winning 11 of them.)

In short, polling this far out doesn't mean much. But there are still plenty of reasons to be concerned. And plenty of reasons to spend time not on the horse race, but on the FACTS that Americans apparently aren't receiving from their mainstream media outlets. The FACTS of Joe Biden's extraordinary accomplishments in his first term, rivaling LBJ or FDR, and the chilling FACTS of what Donald Trump himself has vowed to do if he is re-elected, rivaling Hitler and Mussolini. (And, no, that is not hyperbole.)

As we discuss today, here is a new poll from Navigator Research revealing how wildly popular Biden's accomplishments are, whether the American people realize he has implemented them or not. And here is a list of 27 "insane things" Trump has promised, in his own words, to do if he wins a second term. And that list was created in September. He has doubled and tripled down on many of them since then.

After discussing much of the above, we open up our phone lines to listeners today, to get their explanations for all of this. Many of whom seem to get it, but a few, sadly, clearly do not. They are still buying the lies being spun by Trump, Republicans and Fox "News", because real news outlets are doing such a lousy job of telling the real story. The actual FACTS.

Reminder to our friends in the corporate mainstream media: Reporting independently verifiable FACTS, no matter how good or bad they may make any particular candidate look, is not a partisan act. It's your Constitutionally mandated and protected job.


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U.S. 7th Circuit Court of Appeal panel finds civilians' right to 'bear arms' doesn't apply to weapons intended for military use...
By Ernest A. Canning on 11/8/2023 9:05am PT  

Assault weapons bans are still not unconstitutional. For now.

By way of a 2 - 1 decision [PDF] last Friday, a three-judge panel of the U.S. 7th Circuit Court of Appeal has temporarily upheld an Illinois assault weapons ban.

The Illinois Act makes it "unlawful for any person [except "trained professionals" and "grandfathered individuals"] within Illinois knowingly to 'manufacture, deliver, sell or purchase…an assault weapon, assault weapon attachment, .50 caliber rifle, or .50 caliber cartridge." The Act expressly applies to the AR-15 and to high-capacity magazines.

The issue came before 7th Circuit via three consolidated cases: Bevis v. City of Naperville, Herrera v. Raoul and Barnett v. Raoul. In two of the cases, Bevis and Herrera, federal district court judges denied motions for the issuance of a preliminary injunction whereas the district court, in Barnett, granted a preliminary injunction.

The 7th Circuit decision, authored by Judge Diane Wood, a Clinton appointee, and joined by Judge Frank Easterbrook, a Reagan appointee, overturned the Barnett preliminary injunction upon the grounds that the plaintiffs in all three cases had failed to establish a strong likelihood of success on the merits. (Michael Brennan, a Trump appointee, dissented.)

In order to show a likelihood of success on the merits, the plaintiffs in each of these cases…have the burden of showing that the weapons addressed in the pertinent legislation are Arms that ordinary people would keep at home for purposes of self-defense, not weapons that are exclusively or predominantly useful in military service…

While it doesn't amount to a final determination on the constitutionality of the assault weapons ban deployed in the Land of Lincoln, at a time of unbridled carnage --- there have been more than 565 mass shootings in the U.S. over the first 10 months of 2023 --- the reasoning applied by the 7th Circuit majority offers a glimpse, at least, of sanity...

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

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