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Latest Featured Reports | Saturday, December 21, 2024
Trump Gets Trumped in Our Musky Year-End Roundtable: 'BradCast' 12/19/24
Guests: Heather Digby Parton of Salon, 'Driftglass' of 'Pro Left Podcast'...
'Green News Report' 12/17/24
  w/ Brad & Desi
Biden EPA grants CA waiver to phase out all-gasoline cars; Microplastics linked to cancer; PLUS: GOP plan to expand natural gas exports would drive up prices for Americans...
Previous GNRs: 12/17/24 - 12/12/24 - Archives...
About Some of Trump's
'Day One' Threats:
'BradCast' 12/18/24
Guest: Joshua A. Douglas on voting laws and a President's power to change them; Also: House panel to release Gaetz report; Trump's plan for reversing Biden climate, energy initiatives...
Trump Family Corruption Cometh...So Does Our Oppo-sition: 'BradCast' 12/17/24
Immunity denied to felon Trump in NY; The Family's crypto-corruption on display in UAE; On overcoming 'militant pessimism'...
'Green News Report' 12/17/24
  w/ Brad & Desi
'Apocalyptic' cyclone slams Indian Ocean island; Malaria on the rise; Swiss ski resort gives in to climate change; PLUS: Biden EPA finally bans cancer-causing chemicals...
Previous GNRs: 12/12/24 - 12/10/24 - Archives...
Mistallied Contests Found in OH County, as Oligarchy Rises in D.C.: 'BradCast' 12/16/24
Also: FBI informant 'guilty' to lies about Ukraine 'bribes' to Bidens; Trump Cabinet donated millions; Tech/media billionaires pay tribute...
Sunday 'Barrel Bottom' Toons
THIS WEEK: Kashing In ... Billionaire Broligarchy ... Slow Learners ... Exiting Autocrats ... and more! In our latest collection of the week's best toons...
Trump Admits He Can't Lower Grocery Prices (Biden Just Did): 'BradCast' 12/12/24
Also: 1,500 commutations; I.G. report on FBI and 1/6; NC Repubs's massive power grab; Dick Van Dyke sends us home smiling...
'Green News Report' 12/12/24
  w/ Brad & Desi
Firefighters struggle to contain ferocious Malibu wildfire; The planet is getting drier, new study finds; PLUS: Arctic has shifted to a source of climate pollution, NOAA reports...
Previous GNRs: 12/10/24 - 12/5/24 - Archives...
What 'Unprecedented and Powerful Mandate'?: 'BradCast' 12/11/24
Guest: Marquette Univ.'s Julia Azari; Also: Malibu fire expands; FBI Dir. to quit; New charges in WI 2020 fake Trump Elector plot...
Trump Barely Won Nationally, But Won 'News Deserts' By a Landslide: 'BradCast' 12/10
Guest: Veteran media reporter Paul Farhi; Also: Trump DoJ spied on Kash Patel...
'Green News Report' 12/10/24
UK's deadly back-to-back storms; China's EV boom eroding global demand for oil; PLUS: Time running out to cash in on Biden's climate law incentives...
Bad Weekend for Authorit-arianism; Also: To Pardon or Not?: 'BradCast' 12/9/24
Syria falls, S. Korea on the brink, Romania to rerun Prez election after Russian interference; Callers ring on whether Biden should issue preemptive pardons...
Sunday 'Teeny Tiny' Toons
THIS WEEK: What Mandate? ... Cabinet Medicine ... Concept Plans ... Pardon-pocrisy ... and more! In our latest collection of the week's itty bittiest toons...
Fox 'News' and GOP Get Their Hateful War on Trans Kids at SCOTUS: 'BradCast' 12/5/24
Guest: Law Dork's Chris Geidner; Also: Island nations fight for survival at U.N. High Court...
'Green News Report' 12/5/24
U.N. court to rule on landmark climate case; NC town sues Duke Energy for deception; S. Africa blocks new coal plants; PLUS: Global warming driving drought in U.S...
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: Financial journalist David Dayen; Also: COVID economic numbers getting worse; TX judge allows absentee voting during pandemic...
By Brad Friedman on 4/16/2020 7:18pm PT  

On today's BradCast: More economic fallout and Administration failure amid the coronavirus crisis, but some good news for Texas voters...at least for now. [Audio link to show is posted below.]

Devastating and unprecedented economic numbers continue to pour out from D.C. today, with new unemployment claims last week topping 5.2 million. That totals nearly 22 million new jobless claims over the past month, once again blowing away --- for the fourth week running --- the pre-COVID weekly jobless claims record of 695,000 in 1992. Economists now believe the U.S. unemployment rate is about 15%, rivaling numbers from the Great Depression.

At the same time, several of the federal programs run by the Executive Branch meant to provide relief to individuals and small businesses amid the pandemic, are failing or have collapsed entirely. For example, the $350 billion appropriated to forgivable small business loans in the Paycheck Protection Program (PPP) included as part of the CARES Act is now completely gone, according to the U.S. Small Business Administration. Millions who applied for loans and grants under PPP have been shut out entirely.

Separately, while some have received their promised $1,200 individual payments also allocated by the Act, there are reports today that $500 payments included for dependent children have not been included for many, even as many more still wait for their payments entirely. (Some of which are likely delayed thanks to Donald Trump insisting his name be added to the paper checks being mailed out.)

"What you'll see if this continues for months and months, and people are still inside, are just closures of businesses," today's returning guest DAVID DAYEN, Executive Editor of The American Prospect and author of its daily, indispensable "Unsanitized" report tells me . "Right now, businesses are shuttered, they're looking for this CARES Act, the PPP loans. They're trying to figure out a way to stay alive, they'll just close if it's months before they can open."

He cites potential closures of as many as 60% of businesses in the retail sector and 70% in the restaurant sector who may soon be forced to simply shut down entirely. "That is absolute economic devastation. That's not something that you can easily come back from when you throw open the doors. If people can't stay in business right now, they're not going to be able to go back into business when everything opens."

But that is unlikely to happen on the schedule the President is pretending it will, says Dayen. "You can say 'we're going to re-open the economy', but a large segment of the American people aren't going to willingly go like lambs to the slaughter back to a restaurant if they expect that there is an outbreak that the government doesn't have a handle on. You see business executives saying to Trump, 'You can't do anything with this until you get massive testing in place.' And we just don't have that right now. So the economic pain and the public health hazard will continue until such time as we get our act together. That time has not yet been upon us."

All of this, of course, is even worse than it has to be, thanks to this disastrous Administration. A number of Dayen's recent scoops from his daily column at The Prospect have recently been picked up by the corporate media, including the New York Times Editorial Board which last night cited his coverage of a recording he obtained between Treasury Department officials and bank executives. The recording reveals the Trump Administration gave a green light to banks to withhold the money from those $1,200 payments sent to their customers who had unpaid fees and debts. That, despite the fact that Congress allowed Treasury to draft regulations to prevent the banks from stealing those emergency payments from customers.

Dayen further reports today that USAA, a bank which services many American veterans, has been stealing those funds from disabled vets and their families. Thanks to Dayen's reporting, however, the company has now announced they will reverse the practice.

In yet another scoop from Dayen's "Unsanitized" today, a new report from a number of non-governmental organizations suggests that the U.S. Chamber of Commerce --- the nation's largest, richest and most powerful lobbying organization, which spends hundreds of millions of dollars to elect Republicans across the country --- has been urging the White House against invoking the Defense Production Act to force the production of Personal Protective Equipment (PPE) such as much-needed N95 masks to guard against the coronavirus pandemic. Why would they do that? Well, as Dayen explains, many of the companies who might be forced to comply with the Act to manufacture highly sought after protective gear and ventilators, etc. have top executive who sit on the Chamber's Board of Directors. That may very well answer the mystery of why the Trump Administration has been so hesitant to invoke the Korean War-era statute to help fight the alarming spread of COVID-19.

Next, we return to the growing fight over how Americans will be allowed to vote during the pandemic, with some Republicans taking extraordinary measures to prevent voters from being able to vote by absentee ballot this year, despite the dangers now presented by in-person voting amid stay-at-home orders across the country. In Texas, the Attorney General is attempting to block Lone Star State voters from requesting absentee ballots based on their fear of contracting coronavirus at the polls. The AG recently declared [PDF] that such concerns do not meet the state's statutory requirement that a voter must have a "physical condition" that constitutes a "disability" in order to apply for an absentee ballot. Moreover, the AG's office declared that third parties who recommend voters take advantage of that option, without an actual physical disability that prevents them from going to the polls, could be held criminally liable for doing so.

Thankfully, a state District Court judge on Wednesday, in a suit filed by the Texas Democratic Party with a number of voting rights groups, ruled that all Texas voters may legally apply for mail-in ballots due to social distancing restrictions and the risk of contracting the virus. At least for now. That good news is tempered by the fact that the Republican Attorney General has made clear that the case is likely to be appealed to a higher state court. That, ironically enough, as the TX AG who is still facing his own felony indictments on securities fraud, declared after the judge's ruling that "The integrity of our democratic election process must be maintained, and law established by our legislature must be followed consistently."

The legal fight in Texas, however, clearly illustrates the battle lines now being drawn between Democrats and voting rights advocates hoping to make it easier for Americans to vote amid a pandemic in this year's critical elections and Republicans who are attempting to suppress as many voters as they can --- even if it means forcing their own voters to choose between risking their lives or losing their right to vote.

Finally, we're joined by Desi Doyen with our latest Green News Report, with some more good news out of now "blue" Virginia, some more disturbing news from the Trump EPA (which is also happy to allow Americans to die unnecessarily), some good global news regarding renewable energy, and a look back at the BP Gulf Oil Spill ten years ago this week, where the damage persists even a full decade after the nation's worst fossil-fuel disaster...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: WI's John Nichols on a huge win for progressives in the Badger State amid last week's disastrous and dangerous GOP-forced election...
By Brad Friedman on 4/14/2020 6:58pm PT  

We catch up with a bit of listener mail at the top of today's BradCast before moving on to the huge story out of Wisconsin, where, according to results finally announced Monday night, a progressive-supported state Supreme Court candidate has apparently unseated a rightwing Scott Walker-appointed, Donald Trump-endorsed Justice following last Tuesday's disastrous and dangerous election in the Badger State. [Audio link to full show is posted below.]

Judge Jill Karofsky reportedly trounced incumbent GOP-backed Justice Daniel Kelly by more than 10 points (or more than 163,000 votes of about 1.5 million cast) to win a 10 year term on the state Supreme Court. The stunning upset victory reduces the longtime rightwing partisan bent of the court from 5 to 2, to just 4 to 3, with a real chance to flip the court's balance to progressives in the state when the next seat either opens up for an appointment (with Democratic Governor Tony Evers having ousted the far-right Walker in 2018) or in the next Supreme Court retention election. The next such election is scheduled for 2023.

What makes Karofsky's win all the more remarkable, of course, is the horrific circumstances under which Republicans forced their own Wisconsin voters to the polls last week amid the global coronavirus pandemic. Republicans in the gerrymandered state legislature, along with the Republicans on the state Supreme Court and on the U.S. Supreme Court's stolen Republican majority all conspired to prevent the election from being postponed or changed to an all Vote-by-Mail election, despite Evers several attempts to do so in response to the COVID epidemic.

Hundreds of thousands of voters and poll workers were forced instead to choose between risking their lives to vote or having their votes suppressed, after tens of thousands of absentee ballots did not reach voters in time to be returned by the April 7th Election Day mandated by SCOTUS as the deadline. That, despite lower federal courts previously allowing for a 6-day extension for the return of absentee ballots, given the extraordinary circumstances. With the two Supreme Courts rulings, voters were forced to wait hours in line to cast in-person ballots in the April 7 election, with hundreds of polling sites closed, while enduring rain and hail and possible coronavirus infection to cast their votes, after Republicans decided that mandating an in-person election during a pandemic, while suppressing the votes of tens of thousands of absentee voters, was their only chance to maintain their 5 to 2 advantage on the state Supreme Court.

We're joined to talk about all of this victory amidst outrage today by WI native son and progressive journalist JOHN NICHOLS of The Nation and of Madison's Capital Times. He tells me that Karofsky's election in WI right now "is the biggest deal of anything we have talked about" on the show, adding that "you and I go back a long way."

He charges "the Republicans ginned up their entire voter suppression operation. They put it on 11. They went for everything they could" and then they "weaponized coronavirus", but were still unable to defeat the dedicated Wisconsin voters who delivered "a true rebuke of the people who tried to suppress the vote."

We discuss both the important victory on the state Supreme Court as well as several other contests where the GOP was rebuked, along with the stain of last week's election and what all of this means for Wisconsinites and Americans going forward. There are more than 20 states still to hold primaries in the months ahead. All 50 states must figure out how to hold the most critical Presidential election in our nation's history this November. And the desperate Republican Party is hoping to bring chaos to all of it.

If what happened in Wisconsin is any indication, the GOP may have their work cut out for them, however, this year. But, as we also discuss, they may even be willing to bring down the U.S. Postal Service to do it.

Finally, we're joined by Desi Doyen with the latest Green News Report following deadly tornadoes in the South, wildfires now threatening Chernobyl, and some good news about yet another coal plant closure in Kentucky...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Trump dreaming about 're-opening'; Many waiting for checks that won't come; Some good news about Biden; And a happy ending...
By Brad Friedman on 4/10/2020 6:03pm PT  

What a week. We've got a lot to catch up with on today's BradCast, with much of it not good news at all. But we do try to offer a few bright spots along the way, and finish with a song, to make the stories you need to know about slightly less maddening. [Audio link to show follows below summary.]

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

  • Biden leads Trump by 11 points in a new NATIONAL poll taken before Sanders dropped out;
  • Tuesday's shameful, disastrous and, likely, deadly "shit show" of an election in Wisconsin --- with in-person voting forced in the middle of a global pandemic by Republicans in the state legislature, state Supreme Court and U.S. Supreme Court --- was even worse and more disenfranchising than previously known. Officials are now calling for an investigation from the U.S. Postal Service to explain why thousands of absentee ballots, many sent far in advance of Election Day, never arrived for many voters in Milwaukee, and as Republican state Sen. Dan Feyen now hypocritically wants an extension to vote for some voters in his district after several tubs of absentee ballots were discovered at a postal facility undelivered. (That, after he and his GOP colleagues in the state legislature repeatedly prevented a postponement of the election and applauded the SCOTUS ruling that prevented a 6-day extension for tens of thousands of voters to return their absentee ballots after having not even received them at all before the April 7 Election Day.);
  • And, in very related news, the U.S. Postal Service is now apparently on the brink of complete shutdown, as early as June, thanks to a decrease in mail delivery during the coronavirus pandemic. Democrats on Capitol Hill are begging for a short term bailout [PDF] for the quasi-independent federal agency that otherwise receives no tax-payer dollars. Republicans, however, blocked the effort to include $25 billion to save the USPS in the recent $2.2 Trillion emergency relief/corporate bailout CARES Act (which included $500 billion for private corporations). That, as millions rely on the USPS for prescription drugs and states across the country hope to rely on the Post Office for Vote-by-Mail primary elections in June and perhaps in all 50 states this November. Republicans also refused to include $4 billion needed to help states conduct elections during a pandemic, but they did include $400 million which, since there are few, if any, restrictions on that money, states are already using it for other things instead;
  • Finally, we end with a song and a laugh (cuz we really need both at the end of this week as much as you do), as Randy Rainbow plays us out with a tribute to his new favorite Governor...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Petulant criminal Trump begins purge of Inspectors General...
By Brad Friedman on 4/7/2020 6:41pm PT  

On today's BradCast: Reprehensible and morally unjustifiable rulings by the Republican majorities on both the Wisconsin and U.S. Supreme Courts over the past 24 hours have resulted in tens of thousands of voters forced to choose between risking their lives to cast their ballots or face voter suppression today in Wisconsin. The GOP Justices on both courts now have blood on their hands. [Audio link to show is posted below.]

WI's Democratic Lt. Governor Mandela Barnes was being overly polite when he tweeted today: "Good morning and welcome to the Shit Show! Today's episode has been produced by the Supreme Court and directed by the incomparable Speaker and Senate Majority leader duo," before adding: "Buckle up, this one's sure to disappoint!" He was being too kind in his reference to the 4 to 2 party-line vote that yesterday evening overturned an Executive Order that would have postponed today's election in the Badger State until June, as issued by Democratic Governor Tony Evers. The case which blocked that order was brought to the state Supreme Court by GOP Assembly Speaker Robin Vos and Senate Leader Scott Fitzgerald, both representing "majorities" in their respective state chambers thanks to Republican gerrymandering that prevented Democrats from controlling the state legislature despite receiving more votes than Republicans.

The state court's decision assured that WI voters faced potential death if they chose to vote in person at polling places (if they could find one open) in the middle of a deadly pandemic on Tuesday. The immoral decision was made even worse by the stolen Republican majority on the U.S. Supreme Court who, even later last night, in an unsigned 5 to 4 opinion [PDF] overturned a lower federal court judge's ruling [PDF] which had allowed 6 extra days for voters to return absentee ballots, given that tens of thousands of state voters have yet to even receive theirs due to the influx of requests amid the pandemic. Somehow, those voters are supposed to postmark or return them by today to be counted, even though many won't even receive the ballots for days after the April 7 election. It was, as Slate's Mark Joseph Stern writes, "one of the most brazen acts of voter suppression in modern history."

Thus, tens of thousands of Wisconsin voters are now certain to be disenfranchised, thanks to the repugnant rulings by every Republican on both Courts. WI voters and those who know them may consider themselves lucky if voter suppression is the ONLY thing that happens to them after being forced to stand in lines that snaked for blocks and blocks (and blocks) before being forced to crowd into consolidated polling places for lack of poll workers willing to risk their own lives. (In Milwaukee, for example, instead of 182 polling places, there were just FIVE today.)

As you might imagine, my head has been repeatedly exploding over the past 24 hours. We describe on today's show what happened on Tuesday, why the state Supreme Court decided as they did (hint: it was to and ensure Republican majority control of the same state Supreme Court which issued this horrific ruling, for as far as the eye can see), why the U.S. Supreme Court decided as they did (hint: they invoked their absurd "Purcell Principle" in order to allow voter suppression to continue across the country this fall and beyond), and what all of this now horrendously portends for upcoming elections in the 20+ states which previously postponed their primaries due to the COVID-19 crisis and for the 50 states that will be running the most critical election in our nation's history --- pandemic or no pandemic --- this November 3rd.

None of this is a good sign for free and fair elections in a supposed representative democracy. All of it brings shame and disgrace to the GOP and their followers...if they are capable of either.

Then, as if everything else wasn't already bad enough, Donald Trump is now on a tear to purge independent Inspectors General from the U.S. Government, including even long time career officials and those he appointed himself, because he's an unstable, insecure, dishonest, criminally unfit, petulant little man-baby President. We tell the stories today of the Intelligence Community IG he fired late last Friday night for having followed the rule of law in reporting the whistleblower complaint to Congress during Trump's attempt to extort Ukraine to help him win this year's election; his new threats to and blatant lies about the Health and Human Services Dept. IG who reported on Monday that the federal government bears some of the responsibility for a lack of personal protective equipment, ventilators and testing kits at hospitals across the country; and his removal on Tuesday of the longtime, well-respected career Pentagon and State Department IG who was recently elected by his peers as chair of the Council of the Inspectors General on Integrity and Efficiency as he was set to oversee the Administration's distribution of $2.2 trillion recently allocated by the emergency coronavirus relief bill enacted just over one week ago.

Finally, Desi Doyen joins us for the latest Green News Report with the brightest and best news of the day. And none of it is good either.

As the WI Lt. Governor said: Welcome to the Shit Show!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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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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Guest: David Dayen of The American Prospect; Also: Callers!...
By Brad Friedman on 4/6/2020 6:47pm PT  

It was an action-packed BradCast today, though not in a good way, unfortunately, thanks to Republicans and their state Supreme Court majority in Wisconsin. [Audio link to full show is posted below.]

First up, as we've been telling you for weeks, there is absolutely no plan at the federal level for dealing with the coronavirus pandemic --- on either a medical level or an economic level --- even months after the Trump Administration first learned about it. The $2.2 trillion so-called Coronavirus Aid, Relief and Economic Security (CARES) Act, hastily adopted by Congress and signed by the President just over a week ago is a mess.

Individual checks for $1,200 may take months to get to many Americans (if they get them at all) and the process for doling out $350 billion allocated by the measure towards immediate relief for small businesses via forgivable loans is even more of a disaster out of the gate. Banks, serving as middlemen, are not set up for the onslaught of applications that began on Friday, with many applicants being turned away entirely by the largest banks, and with nowhere near enough money included in the pool to serve the 30 million companies considered eligible small businesses. Our guest today suggests that no more than 5% of businesses who need help under the CARES Act's Paycheck Protection Program (PPP) are likely to receive the immediately needed loans before the funding runs out.

Moreover, there is still no nationalized plan by the Trump Administration to ensure that states have all of the basic equipment they need --- from masks, gloves and gowns to ventilators and test kits --- as supply chains have become an all out "Wild West show, with middlemen and drop points and plane rescues," according to our guest DAVID DAYEN, financial investigative journalist and Executive Editor of The American Prospect. He is now producing his indispensable "Unsanitized: Covid-19 Daily Report" column and newsletter at The Prospect.

He reports that it is not only states competing with other states and the federal government for critical life-saving equipment, but that the federal government (FEMA) is also competing with the federal government (the Strategic National Stockpile or SNS), bidding up the same gear! All of this as U.S. deaths officially attributed to COVID-19 blew past the 10,000 mark on Monday, with a week ahead that could include a "9/11 attack worth of Americans" dying, day after day, for 10 days in a row beginning in the next few days, according to one of the more conservative data projections.

Dayen offers detail on much of the above and the problem that many Americans are also now facing in their attempts to file for bankruptcy protection --- at a time that many desperately need to do so --- with courthouses shutdown around the country, and only those lucky enough to be able to afford an attorney able to file electronically.

As CNN's Jake Tapper made clear on Sunday: there is no plan for any of this. It is a disaster that is likely to continue for months (at least) with no competent officials leading the way at the federal level, and absolutely no ultimate plan to help us get out, eventually, from under what is likely to be as bad or worse than the Great Depression. That, despite the "irrational exuberance" exhibited today by a Wall Street that seems to be in utter denial.

Then, where we had hoped when today's show began to bring you the long overdue good news that Wisconsin's Democratic Governor Tony Evers finally did the right thing on Monday morning by issuing an Executive Order to postpone tomorrow's Presidential Primary, state Supreme Court election and municipal races until June 9, we were forced to change course mid-show after the state's Rightwing Supremes blocked Evers' order along a 4 to 2 party line vote.

Therefore, unless something changes, where Badger State voters can find an open polling place tomorrow (scores of municipalities found zero poll workers willing to face death to man the polls, and Milwaukee's usual 180 polling sites are being reduced to just 5!), voters will have to risk their lives to cast a vote in person on Tuesday. After Republicans had their way with the state Supremes, they have also filed with the U.S. Supreme Court to overturn an order by a federal judge last week that allowed 6 extra days for voters to turn in absentee ballots, many of which have not yet even arrived to voters on the day before the Election (when they would otherwise be due.) After air time, it appears that the stolen Republican Majority on SCOTUS has also decided with their GOP brethren in WI, and voted along party lines to overturn the federal judge's extension of the deadline for absentee ballots. Tens of thousands will be disenfranchised in the bargain.

It is a chaotic mess and electoral disaster. But, more to the point, it is a DEADLY disaster in the making, with Republicans in the state all too happy to condemn voters to potential death because they think more Democrats will be affected and possibly killed, and they hope that their incumbent Republican state Supreme Court Justice, who is on the ballot on Tuesday, will prevail under these conditions. It is appalling and Americans should get ready for much more of this in the months ahead, with more than 20 states still to cast their postponed primary votes, and all 50 states preparing to figure out how to run an election during a deadly pandemic this November. One of the two major parties has made clear that they are more than happy to place their retention of political power over the lives of actual American citizens.

Finally, today, we open up the phones to allow a few callers from the coronaverse to ring in....

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Guest: Slate's Mark Joseph Stern on that and pandemic affects on immigration courts, prisons and the Judiciary; Also: Statewide 'stay-at-home' mandates; Mask shortages and price gouging; More postponed primaries; and socialist Trump comes unglued at WH presser...
By Brad Friedman on 3/20/2020 6:57pm PT  

On today's BradCast: Governors in California, New York, Illinois and Pennsylvania are among the first to issue statewide "stay-at-home" orders, though more are likely to do so very soon as the nation begins to self-quarantine due to the coronavirus pandemic. But is it possible, legal or Constitutional that Donald Trump could exploit this serious public health crisis to postpone or cancel this November's critical Presidential election? We gets some legal and Constitutional answers to that question today and the answers are both comforting and not comforting at all. [Audio link to show is posted below.]

But first, CA Gov. Gavin Newsom, in a letter to Donald Trump, warned that, without mitigation efforts, including help from the federal government, as many as 56% of the Golden State's population (or 25.5 million people here) could become infected over the next two months.

At the same time, a shortage of personal protective equipment for health care workers has led to price-gouging by the nation's medical supply companies, according to a GA healthcare CEO who says he is being charged $7 a piece for critical masks that usually cost .58 cents each. But why do we even have a shortage, given that we've known about this matter for months and Trump has now supposedly invoked the Defense Production Act, allowing the federal government to commandeer manufacturing facilities to meet critical needs for the nation's security?

At the same time, just days after the Republican Party had been tarring the Democratic Party as "socialists", Republicans are now calling for major socialist giveaways to combat the COVID-19 crisis. In fact, Trump is even calling for the federal government to take ownership in private corporations that may soon be receiving yet another socialist bailout. That's right, according to the President, Republicans like him now support the very definition of socialism wherein the government takes control of the means of production.

Then again, based on the President's unhinged behavior at today's White House press briefing, which we share on the show, he may be losing track of reality even faster than previously.

All the while, states around the nation continue to postpone previously scheduled Presidential primary elections, with Connecticut and Indiana over the past 24 hours joining more than a half dozen states who have already done so. But, never mind the primaries. With a desperate, already-unbalanced President like Trump, would anybody be surprised if he attempted to invoke national emergency powers amid a global pandemic to try and cancel this November's Presidential election all together? And, if he wanted to, does either federal law or the U.S. Constitution allow him to do so?

Slate's ace legal and court reporter MARK JOSEPH STERN has been looking into that point which, he tells us, might have seemed crazy just a few weeks ago, but no longer. The short answer is no, Trump can't do it on his own, not without Congress agreeing. But there are enough "red" states with a mechanism for doing so that, under this Presidency, you'd be ill-advised to keep your guard down. He explains the no-longer-unimaginable circumstances that could occur.

He also details how the Trump Administration recently ordered immigration judges to remove CDC posters warning about the coronavirus epidemic from their courtrooms, as crowded detention centers become breeding grounds. Stern says that, at this point, with this crisis and some 50,000 jammed into crowded, unsanitary detention camps, "the entire system is in total disarray."

Stern has also been reporting of late on how it's not only the Executive Branch that has monumentally failed to take appropriate action for weeks to prevent the spread of the virus --- the Judicial Branch, headed up by U.S. Supreme Court Chief Justice John Roberts, has failed mightily on that score, as both courtrooms and prisons have turned into viral petri dishes over the past several weeks. "It is a mess, because the chief judge of every different district court is making these decisions on the fly," he tells me. "Unfortunately, people are still being exposed to this virus in federal courtrooms right now. "

But at least Roberts has cancelled oral arguments before his own Court this month, including cases regarding whether Trump must release his taxes to law enforcement officials and whether or not Presidential Electors in states across the country must, in fact, vote the way their state's have when those electors cast their lot with the Electoral College. That question --- if SCOTUS ever reconvenes and issues an opinion on it --- may play a key role in the question regarding the ability of this President to effectively cancel this year's Presidential election.

All of those issues, and many others today, in another don't-miss, news-packed BradCast!...

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Also: L.A. County's $300M vote system failing; And the weekend's year's worth of news...
By Brad Friedman on 3/2/2020 6:44pm PT  

Before we can even get to the central story line on today's BradCast --- Biden's weekend win in South Carolina and voting system problems leading in to Super Tuesday, particularly in Los Angeles --- or crack open the phone lines to a bunch of calls with questions about voting on Super Tuesday, we quickly round up just some of the weekend news stories which, in a normal world, would each have merited their own entire program! [Audio link to show is posted below.]

The news began breaking left and right after we got off air Friday and hasn't stopped through airtime today. Among the stories quickly covered at the top of today's show...

  • A three-judge panel on a federal court of appeals tossed out the House of Representatives' lawsuit to force Donald Trump's former White House Counsel Don McGahn to testify under the House's lawful Congressional subpoena as a witness to Trump's attempt to kill the Robert Mueller Special Counsel probe. If the panel's 2 to 1 ruling led by two George W. Bush judges holds, it'll be the end of all Congressional oversight of the Executive Branch as we know it;
  • A federal appeals court blocked Trump's "Remain in Mexico" policy for immigrants seeking asylum in the U.S., and then unblocked it moments later;
  • Trump loyalist Rep. John Ratcliff (R-TX) was nominated for a second time to become Director of National Intelligence despite no intelligence experience to lead the nation's 17 intelligence agencies and after having been rejected by Senate Republicans when he was nominated the first time last year for the same role;
  • The U.S. signed a peace deal with the Taliban to remove all U.S. troops from Afghanistan in America's longest war, but Rep. Barbara Lee (D-CA) the only member of Congress to have voted against the 2001 Authorization of Military Force, says Trump's "so-called 'peace deal' is anything but" and will leave thousands of troops in place. As of Monday, the Friday deal is already falling apart;
  • 6 deaths from the coronavirus in the U.S. have now been reported over the weekend and into Monday, with a cluster of cases in the Seattle area, and new infections announced in New York, Chicago, Florida, Arizona and elsewhere;
  • And, on Monday, the U.S. Supreme Court agreed to hear the GOP/Trump Administration challenge to the Affordable Care Act (ObamaCare) which, if successful, would completely strike down the landmark health care insurance law, leaving millions without coverage and insurance companies free to deny coverage to those with pre-existing conditions again.

All of that before we are able to even get to Joe Biden's huge reported victory at the South Carolina primary on Saturday, besting his nearest competitor (Bernie Sanders) in the Palmetto State with more than twice as many votes. In the wake of Biden's revival after his dismal performance in the first three states (Iowa, New Hampshire and Nevada), several candidates dropped out of the race, including billionaire Tom Steyer, former South Bend, IN Mayor Pete Buttigieg and MN Senator Amy Klobuchar. The last of those two announced their endorsements of Biden on Monday as centrist Democrats band together to challenge Sanders.

But what of those voters in California, Texas and a dozen other Super Tuesday states who made the mistake of voting early (despite our weeks and months of warning folks otherwise) for a candidate no longer in the race as of tomorrow's primaries in all of those states? And what of those voting centers where Los Angeles County's new, $300,000,000 unverifiable touchscreen voting systems have been failing to work at all? And why have pollworkers in L.A. been told not to talk to media, as I learned this weekend.

We open the phones to callers today (as we will again tomorrow) to hear about their early voting experiences, problems and concerns, and for questions about the new, frequently unverifiable voting systems now in use across the country (in places like South Carolina, North Carolina, Texas, Georgia, Pennsylvania and elsewhere in addition to L.A. County, the largest voting jurisdiction in the nation)? A number of callers were alarmed to learn about the flaws and failures of touchscreen computer Ballot Marking Device, including one caller who noted that, no, she didn't bother to verify her computer-marked paper ballot before casting it, believing that her work was done after verifying her choices on the touchscreen! So, a very busy hopefully interesting and informative (and, sorry, maddening) show today on 'The BradCast'!...

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And how the War Powers Act was created and then ignored...
By Richard Hayes Phillips, Ph.D. on 2/24/2020 10:35am PT  

In response to President Donald Trump having ordered a drone strike that killed a top Iranian general, the United States Senate on February 13 passed a resolution that would prevent him from engaging in further hostilities against Iran without first getting approval from Congress. The resolution had already passed the House by a vote of 224-194. It passed in the Senate by a vote of 55-45, with eight Republicans voting in favor.

Those Republicans include Mike Lee of Utah, Rand Paul of Kentucky, Susan Collins of Maine, Todd Young of Indiana, Jerry Moran of Kansas, Lamar Alexander of Tennessee, Bill Cassidy of Louisiana and Lisa Murkowski of Alaska.

President Trump is almost certain to veto the resolution. Both chambers lack the two-thirds majority necessary to override a Presidential veto. But the War Powers Act was written to be exempt from the possibility of a Presidential veto.

So, what's going on here? One of the most contentious fronts in the current power struggle between the Congress and the President involves the power to declare war. The Constitution makes clear that this power resides in Congress. Over time, this power has effectively shifted from the Congress to the President. Here's how that happened...

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The elephant in the room is not the GOP...
By Sue Wilson on 2/14/2020 11:15am PT  

On October 24, 1998, a group of activists from across the United States gathered in Washington DC to protest the Ken Starr investigation into Bill Clinton in the first rally ever organized on the Internet.

Darrell Hampton's umbrella group "We the People" was generally outraged at Starr's excesses; White House staffer Bob Weiner railed against Ken Starr for subpoenaing him for eating ice cream with a fellow Democrat; the fledgling group "Censure and MoveOn" (later to become MoveOn.org) was featured; and my "Truth in America Project" focused on the biased media promoting the investigation, media which had recently gained its dominance from the 1996 Telecommunications Act.

We all understood the long drawn out Grand Jury investigation of Bill Clinton had found no crimes, and so Starr et al manufactured a perjury trap to have an excuse to impeach the President. As I said on the Ellipse in front of the White House, "Is it okay for a big government attorney to work with a private civil lawyer to see if they can figure out a way to get a man to lie about his sex life so they can prosecute him for it?"

But what was just coming to light, and what has had a lasting damaging legacy, is the effect of the 1996 Telecommunications Act on our political landscape.

Brief history: When radio and television were first invented, broadcast pioneers and government officials recognized that radio had the potential to entertain and inform, but when used improperly, also to brainwash a population. So Congress passed the 1934 Communications Act, which limited any one owner in the United States to owning just 9 stations nationwide: 3 AM radio stations, 3 FM radio stations, 3 TV stations. The thinking was that by having multiple local owners, no one person could dominate the (publicly owned) airwaves with political rhetoric.

Ah, those were the days...

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Guest: Martin Longman of Washington Monthly and Progress Pond...
By Brad Friedman on 1/22/2020 6:31pm PT  

Our special coverage of the ongoing U.S. Senate Impeachment Trial of Donald John Trump continues on today's BradCast following Tuesday's marathon session that ended at nearly 2am in the nation's capital, before beginning again with opening arguments on Wednesday. [Audio link to full show is posted below.]

On Tuesday, Republicans voted repeatedly along party lines to block 11 different amendments proposed by Democrats to allow for various first-hand witnesses to Trump's alleged High Crimes and Misdemeanors and documents being withheld by the White House that underscore other evidence in the two Articles of Impeachment.

Republican Senators blocked amendments proposed by Democrats to subpoena documents from White House Chief of Staff Mick Mulvaney; Documents from the State Department detailing the President's call with Ukrainian President Vlodymyr Zelinsky, as Trump withheld military assistance and a White House meeting in hopes of strong-arming Ukraine's new anti-corruption President to announce (not to carry out, just to announce) investigations into Trump's potential 2020 political rival Joe Biden; Documents from the Office of Management and Budget (OMB), which the President illegally ordered to withhold nearly $400 million in Congressionally-appropriated military assistance; Documents from the Pentagon where officials were reportedly troubled about potential violations of law in withholding the funds; a subpoena for Mulvaney himself to give testimony in the trial; A subpoena to two OMB staffers who carried out the hold on military assistance to the war-torn country; A subpoena for Trump's own former National Security Advisor John Bolton, who regarded Trump's Ukraine scheme as a "drug deal" and who has said he'd be willing to testify if subpoenaed by the Senate because, as he claims, he knows more about all of this than is currently publicly known.

In vote after vote, Republicans voted as a block, with 53 votes, to deny every Amendment offered by Democrats, even against ensuring votes for subpoenas at a later date or to have the Chief Justice authorize subpoenas if the Republican-appointed John Roberts, who presides over the trial, felt any particular witness or document would have probative value by being relevant to the case. "One side is not afraid of a fair trial," lead House Manager Adam Schiff argued, "one is terrified" that the truth might come out.

Meanwhile, Trump offered false comments to reporters overseas at the World Economic Forum in Davos, Switzerland, where he echoed his previous lies that he would "love" to have Bolton and Mulvaney and his Sec. of State Mike Pompeo and former Energy Secretary Rick Perry testify at the Senate trial, but he just can't allow it due to "national security" and "executive privilege" concerns.

Back home, the White House team's public defense at the first day of the trial was not well received, even by Republicans, including Chris Wallace of Fox "News" (which is now, unlike actual news outlets like CNN and MSNBC, breaking away during trial coverage for commercials and regular programming, while leaving the impeachment proceedings in a little silent box in the corner of the screen), the House Republicans' own Constitutional law expert Jonathan Turley, and George Conway, the longtime Republican attorney and activist husband of Trump's Senior White House Counselor Kellyanne Conway.

In a blistering interview with CNN on Wednesday, George Conway charged that Senate Republicans "don't want to hear the evidence because they know the truth, they know he's guilty"; that the charges against Trump are "much, much more serious" than those against Bill Clinton during his impeachment (on which Conway worked); that Trump is a "pathological liar" who "needs to be removed now" from office, because he is "thoroughly unfit for office". Kellyanne's husband also said that he is "deeply saddened" by what has happened to his Republican Party, but sees this historic event as a "moment of reckoning" for the nation and his party.

We're joined today by MARTIN LONGMAN (long known as "BooMan" to many old time progressive blog readers) from Washington Monthly and Progress Pond, for commentary as the Democratic House Managers begin their first day of opening arguments (which could also be their closing arguments if Republicans vote again next week to block witness subpoenas following the White House attorneys' opening argument). We also discuss the rules for McConnell's "scam trial" and why it is that Republicans seem to "lose every round and still win on the scorecard" --- not just in this matter, but going back as far as the Florida 2000 election.

Finally, we close with a few audio clips from Tuesday, when Democratic House Manager Rep. Jerrold Nadler accurately charged that Trump's lawyers "lie and lie and lie and lie", and White House Counsel Pat Cipollone said in response --- with a straight face --- that "President Trump is a man of his word." The heated late-night exchange resulted in a reprimand for both sides as Tuesday's marathon 13-hour session drew toward its close.

But we close today with a clip from Rep. Schiff's opening argument, citing a chillingly apt warning from founder Alexander Hamilton about "a man unprincipled in private life desperate in his fortune, bold in his temper, possessed of considerable talents...despotic in his ordinary demeanour [and] known to have scoffed in private at the principles of liberty [who] is seen to mount the hobby horse of popularity—to join in the cry of danger to liberty --- to take every opportunity of embarrassing the General Government & bringing it under suspicion --- to flatter and fall in with all the nonsense of the zealots of the day --- It may justly be suspected that his object is to throw things into confusion that he may ‘ride the storm and direct the whirlwind."

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Bombshells from Giuliani's right-hand man; GAO says Trump Ukraine scheme unlawful; Senators sworn to 'impartial justice' by SCOTUS Chief; Major design fail found in L.A.'s $300M vote system; L.A. County Clerk finally responds to our coverage...
By Brad Friedman on 1/16/2020 6:23pm PT  

Really just blockbusters and bombshells from top to bottom on today's BradCast. From historic impeachment proceedings to game-changing disclosures to potentially big legal trouble for L.A.'s imperiled new touchscreen voting system. [Link to complete show is posted below summary.]

First up, the historic Impeach Trial of Donald John Trump got officially under way in the U.S. Senate today, with a solemn oath-taking ceremony administered by Chief Justice of the U.S. Supreme Court John Roberts who will preside over the trial that could determine whether Trump remains President of the United States.

But before we even got there on Thursday, the non-partisan Government Accountability Office (GAO) came out with its finding that the Trump Administration did, indeed, violate federal law last year when it withheld hundreds of millions of dollars in aid to Ukraine as appropriated by a bipartisan vote of Congress. "Faithful execution of the law does not permit the President to substitute his own policy priorities for those that Congress has enacted into law," the decision says, finding that the White House Office of Management and Budget (OMB) "withheld funds for a policy reason, which is not permitted under the Impoundment Control Act." That matter is at the heart of Trump's impeachment.

But before the GAO findings were released on Thursday morning, or Senators could take their oath to do "impartial justice" as jurors on Thursday afternoon as the impeachment trial began, Rachel Maddow's Wednesday night blockbuster interview on MSNBC with Lev Parnas, the Soviet-born right-hand man to Trump's personal attorney Rudy Giuliani, shook up just about everything and everybody. Parnas, facing charges of campaign finance violations, sung --- and sung like crazy. On everybody. "Everybody was in the loop," he said.

He claimed Donald Trump knew from the jump about the scheme to strong-arm Ukraine to announce an investigation of Joe Biden to help his 2020 reelection bid. So did Vice President Mike Pence, former National Security Advisor John Bolton, Secretary of State Mike Pompeo, Congressman Devin Nunes and even Attorney General William Barr. We share a few clips from Maddow's jaw-dropping scoop of an interview --- with a recommendation that you go check out the whole thing (which is set to have a Part 2 on Thursday night), before we move on to a few blockbusters and bombshells closer to home out here on the west coast.

Earlier in the week, we broke exclusive details on the pending certification of a brand-new, $300,000,000 unverifiable touchscreen voting system set for first time use in Los Angeles County --- the nation's largest --- in this year's March 3rd Super Tuesday primary elections. As we reported, independent testers hired by the Sec. of State's office to carry out certification testing of the new systems discovered more than 40 violations of California Voting System Standards as the Public Comment period for certification of the County's "Voting Solutions for All People" or VSAP system ends this coming Monday. Given the enormous problems with the system set for use in the critical 2020 Presidential election, we have been urging voters to send public comments seeking a HAND-MARK paper ballot system instead of the failed, unverifiable new touchscreen systems, to the Sec. of State at VotingSystems@sos.ca.gov.

All the while, L.A. County Registrar-Recorder/County Clerk Dean Logan has refused, for months, to respond to our serious questions about the systems or appear on the show. Well, we've got some new news today on all of that, including a potential lawsuit by the City of Beverly Hills, whose City Council, according to LAist's Libby Denkmann, has voted to approve a suit after discovering the effects of a serious design flaw in the system. The new VSAP tablets only display four candidates per race, before a voter must select a "MORE" button to be taken to a second page. That "MORE" button is right next to the "NEXT" button on the tablet voting system. And that "NEXT" button, takes voters to the next race on the ballot without voters ever even seeing the additional candidates in the race. This is a very serious flaw that is likely to cause havoc for candidates whose random positions on the ballot come as Number 5 or higher in any given race, including in the upcoming Presidential primaries. (If I'm Dean Logan today, I am praying that Bernie Sanders doesn't draw the fifth or later position on the March 3rd Democratic ballot!)

That matter is just one of several that Logan has either refused to speak to or has mislead on when I questioned him, or tried to, as I detail on today's program. But, given the noise we've caused over the past several days with this on The BradCast, Logan finally deigned to offer a Twittered response, excoriating our coverage of the certification testing failures. We share his misleading response in full on today's program, along with a number of the serious points that he either failed to respond to at all, or is attempting to mislead the public about in his tweeted answers. (For example, the fact that after a computer-marked ballot has been supposedly "verified" by the voter, it is sent back through the same printer path where it could be changed by the system with no way for the voter to ever know.)

Finally today, as if that's not enough blockbusters for you, Desi Doyen joins us for the latest Green News Report with our special coverage of Tuesday night's 2020 Democratic Presidential Debate in Des Moines, the last one before voting begins next month, and one in which our climate crisis, at long last, was front and center throughout much of the forum, happily enough...

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Guest: Constitutional law, impeachment expert John Bonifaz; Also: Kamala is out; Another no good, very bad day in court for Team Trump...
By Brad Friedman on 12/3/2019 6:09pm PT  

On today's BradCast: It was another very bad day in the federal courts for Donald Trump, though another very good one for the Rule of Law (for those who still care about such things), even as a new phase in the President's ongoing impeachment inquiry begins in the U.S. House. [Audio link to full show is posted at the end of this article.]

First up, some quick news of the day. California Senator and one time "top tier" 2020 Democratic Presidential candidate is dropping out of the race exactly two months before voting begins in Iowa in next year's nominating contest and just two weeks before the next Presidential debate set for her home state on December 19. We discuss the ramifications for the race and for the woman who might have been the first black female President (but who could very well still become the first such Vice President).

There was more bad news today for Trump and his family and his businesses in federal court on Tuesday, as a three-judge panel on the 2nd Circuit Court of Appeals in New York agreed with the lower court ruling that both Deutsche Bank and Capital One must turn over Trump-related financial documents to two House committees which had subpoenaed them. Trump and his family sued the banks to block the disclosure of what could be a treasure trove of damning documentation detailing years of Trump's dubious financial history and the sources of his funding after several bankruptcies and denials for loans from banks other than the German-based Deutsche. Despite his many business failures, that bank, for some reason, reportedly loaned Trump and his businesses well over $2 billion. Now that he's lost in court again, he has been given seven days to decide if he wishes to appeal to the Republicans' stolen majority on the Supreme Court before the banks will be required to turn over the records to Congress.

Tuesday's serious legal blow follows another one for Trump on Monday, when U.S. District Court Judge Ketanji Brown Jackson refused to place a Stay on her ruling from last week ordering Don McGahn to appear before the U.S. House Judiciary Committee regarding the former White House Counsel's testimony on Trump's many instances of obstruction of Special Counsel Robert Mueller's Russia investigation. The judge ruled the Trump Dept. of Justice's claim that the Presidency would suffer "irreparable harm," if McGahn was allowed to testify was baseless. She did, however, determine that the House Judiciary Committee's ongoing investigation would be "unquestionably harm[ed]" without it, "and by extension" the lack of testimony by the former White House legal chief "would also injure the public’s interest in thorough and well-informed impeachment proceedings."

Speaking of which, the impeachment action moves from the House Intelligence Committee to the House Judiciary Committee on Wednesday, with Judiciary's first public hearing on the Ukraine matter. They will work from a searing 300-page report released by the Intelligence panel on Tuesday, documenting serious abuses of power and obstruction of Congress by Trump that have been revealed during the past several weeks of public and private testimony regarding the President's campaign to withhold military assistance from Ukraine until they agreed to help him in the 2020 Presidential election. The Judiciary Committee's central aim, after the House Intelligence panel found Trump "placed his own personal and political interests above the national interests of the United States," will now be to determine if Articles of Impeachment are merited against the President.

Our guest today, who has written several books on impeachment and testified to Congress about "high crimes and misdemeanor" is Constitutional law expert JOHN BONIFAZ, Co-Founder and President of Free Speech for People. Bonifaz testified to House Judiciary Democrats during the George W. Bush era, explaining how the founders definition of "high crimes" was easily met by Dubya via his unlawful war in Iraq. He also favored impeachment of Bill Clinton back in the 90s, but tells us today that "nothing rises to the level of the kind of abuses of power we've seen under this President".

Bonifaz offers a preview of what four Constitutional law experts are likely to offer during their testimony at Wednesday's first hearing before the House Judiciary panel and explains how the Constitution's term "high crimes and misdemeanors" was meant to refer to abuses of office that were not necessarily defined as statutory crimes (since there were very few such crimes on the books when the Constitution was first adopted!) "This is not about demonstrating in a court of law that the President has committed x or y violations of the federal statutory code, a federal crime or state crime," he tells me. "This is about abuse of office, abuse of power, abuse of the public trust."

Bonifaz, whose latest book on impeachment with Ron Fein and Ben Clements is called The Constitution Demands It: The Case for the Impeachment of Donald Trump, argues that there is a long list [PDF] of abuses that merit the removal of this President. "We've laid out a number of Impeachment Articles that should be presented in Congress that go beyond the Ukraine scandal. They include racist abuses of power, the abuses of power at the southern border separating children and their families, violating their Constitutional rights. The abuse of the pardon power, in pardoning of former Maricopa County Sheriff Joe Arpaio. The list goes on," he says. "And this president need to be held accountable for the full range of his high crimes."

He also explains why he is critical of House Speaker Nancy Pelosi and other Democrats for not moving more quickly when they took control of the House in January, noting that had they initiated the various court battles over testimony and documents at that point, "we would be in a much different position today."

"We are where we are in part because of the unwillingness of the Democratic leadership in the House to do its duty the moment it assumed control of the House of Representatives. They ran on a platform in 2018 to be a check on this Presidency, and it took another nine months into their holding of the House control to start that process of being a check on this Presidency. And that's why we're in this predicament."

I also ask Bonifaz for his thoughts on the White House's legal claims of "absolutely immunity" (it "has no basis in the law," he tells me); whether Chief Justice John Roberts will find a way to block high profile witnesses, like Mulvaney and Bolton, when they are called by Democrats during an impeachment trial in the U.S. Senate (Roberts may "apply the argument that 'these matters are still pending in the federal courts,' so he's not going to override that"); whether he concurs with Robert Reich's argument today that impeaching Trump (whether he's removed or not) makes him legally and Constitutionally "unpardonable"; and how it is up to we, the people, to "stay alert, awake and engaged in fighting for our democracy and our Constitution because we cannot rely on those in power to save us and to save our democracy. We have to fight to protect it, and fight to protect our republic."

Finally, beyond the fight to protect our republic, there is the fight to save our civilization itself. On that matter, we are joined by Desi Doyen with our latest Green News Report, as several disturbing new studies on "catastrophic" tipping points for the climate are published as the nations of the world convene in Madrid this week for the latest U.N. Climate Summit...

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Guest: Susan Greenhalgh of Nat'l Election Defense Coalition; Also: CA shooting; Deval jumps in; Bevin concedes; Trump loses (again); More...
By Brad Friedman on 11/14/2019 6:24pm PT  

With a brief break in the hot impeachment action, we're able to pick up on a couple of stories on today's BradCast that got buried yesterday, some breaking news from today, a continuing story that should have everyone's hair on fire right now (in advance of the 2020 elections!) and, sadly, the story that already has the planet on fire. [Audio link to show follows below.]

First, some quick news on today's school shooting in Southern California, north of Los Angeles, where a 16-year old shot five students from 14 to 16-years of age. So far, two are reported dead and the shooter is said to be in grave condition from a self-inflicted wound from his .45 caliber semi-automatic pistol.

On Wednesday, Trump lost yet again in one of his many different lawsuits seeking to block the release of his taxes to Congress and state prosecutors. The latest defeat was the refusal yesterday by the full U.S. Court of Appeals in D.C. to rehear his lawsuit seeking to block the U.S. House Ways and Means Committee's subpoena of his accounting firm, Mazars USA, seeking several years of his financial records. With that loss, the case will now almost certainly be going to the Republican's stolen U.S. Supreme Court (on which two of Trump's appointees now sit). And in Trump's separate and so-far-similarly unsuccessful suit in federal court in New York, seeking to block the release of tax documents from Mazar's in the state's criminal probe involving Trump's hush-money payoffs before the 2016 election to women with whom he was having affairs, his attorneys on Thursday officially filed their appeal with SCOTUS.

In elections news, former Massachusetts governor Deval Patrick, a conservative Democrat, has announced his late entry into the race for the 2020 Democratic Presidential nomination. And both Trump and Republicans are going all in to try and win the Gubernatorial runoff this Saturday in Louisiana, in hopes of avoiding another Kentucky-style embarrassment.

Last week, Trump went all in for KY Governor Matt Bevin, who reportedly came up a few more than 5,000 votes shy of defeating Democratic challenger Andy Beshear. Bevin refused to concede last week, however, requesting a recanvass that was carried out by the state today. The procedure --- essentially re-checking the same computer-reported numbers again --- resulted in few changed votes, unsurprisingly. So, Bevin finally announced his concession. But that came only after his election night claims of "well-corroborated" voter fraud, including thousands of illegally cast votes.

While his promise of evidence never materialized in the week since the election, Bevin recently changed his argument to focus on concerns about the state's electronic voting and tabulation systems. While there is scant evidence of problems on that score (all the other Republicans on the statewide ballot last week, other than the unpopular Bevin, won their races), his newly found concerns --- whether he actually means them or not --- regarding the difficulty of voters to oversee and have confidence in the accuracy of electronically-cast and tabulated results, should be taken to heart by voters of all parties. These concerns are real, and could have a devastating effect on next year's elections.

To that end, one need look no further than the many disasters we've been reporting on over the past two weeks that befell voters attempting to use brand-new touchscreen computer Ballot Marking Devices (BMDs) in the key swing states of Pennsylvania and Georgia last week. In the roll out of the new systems in those states, which many election integrity and cybsersecurity experts warned strongly against, many voters were unable to vote at all. Some faced hour-long wait times --- during sparsely attended, off-year municipal elections! --- followed by completely inaccurate results reported by the computers.

For example, some candidates reported receiving zero votes at some precincts in Northampton County, just outside of Philadelphia (which also used the same new systems last week for the first time, despite warnings from cybsersecurity experts, and had similar problems.) In a contest for County Judge in Northampton, a Democratic candidate for County Judge reportedly received just 164 votes out of more than 100 precincts reporting on Election Night. In fact, as a manual examination of computer-printed records revealed, he is believed to have received 26,142 votes instead.

Unfortunately, there is no way to know if even that number is correct on the County's new 100% unverifiable BMD systems, which are proliferating across the nation, including PA, the entire state of GA next year, and in counties in more than a dozen other states (including here in Los Angeles County, the nation's largest!) for 2020.

We're joined today by SUSAN GREENHALGH, a longtime Election Integrity champion who now serves as Vice President for Programs at the National Election Defense Coalition (NEDC). Following last week's disasters, her group has called for the immediate decertification of the 100% unverifiable ES&S ExpressVote XL systems used last week for the first time in Northampton County and Philly. Greenhalgh explains why such systems, which use touchscreens to help voters use a computer to mark and print "paper ballot"" summaries, should never be used other than as an assistive device for disabled voter who may choose to use one to help cast their ballot.

"What's really concerning about these ballot-marking devices is that there's been a false equivalency created by the vendors," she tells me. "And I think it's been accepted my many people in the election official administration space, and in the election community at large, that there's a paper record there, so therefore the voting system is verifiable. The problem is that all evidence that we have so far to go on, indicates that that the paper record [from] the expensive touchscreen ballot-marking devices is not actually verified by the voter. And that's the critical point." The NEDC advocates hand-marked paper ballots.

After years of working with elections officials and elected officials across the country, Greenhalgh offers her thoughts as to why so many of them --- Republican and Democratic alike --- continue to ignore the continued warnings from election integrity and cybsersecurity experts who strongly urge against the use of such systems, while listening instead to private vendors, such as ES&S and Dominion (the nation's two largest) who stand to make hundreds of millions from the sale of their poorly designed, oft-failed, easily-hacked, and completely unverifiable touchscreen systems.

"I've heard it said that we need a system that the Devil himself could run and you could still trust the results. It needs to be transparent, and verifiable to the electorate. And that means something that is auditable, that the voter knows that the election results are correct and that the officials can prove it." Greenhalgh argues. "There's no room for 'just trust us' in this. We shouldn't have to trust the vendors. We shouldn't have to trust the election officials. We should all be able to see and verify with our own eyes, through observation and auditing, that the election is being conducted in a fair and accurate manner, and in a secure way. Anything less than that is unacceptable in a healthy democracy --- or one that aspires to be healthy."

Greenhalgh, who is as concerned about all of this before 2020 as I am, says, however, that there is still time for jurisdictions to dump their expensive, unverifiable touchscreen systems in favor of much cheaper, far more secure, and completely verifiable hand-marked paper ballot systems. She also also explains why post-election audits of results cast on computer-marked ballot systems are worthless.

"Implementing hand-marked paper ballot systems, fortunately, can be done in very quick order," she says. "States have shown us they can do that, like Maryland and Virginia. So it's not too late to fix that. What we need is the will of the election officials to make it happen, and then it can be done."

Tune in for much more that you need to hear from this conversation!

Finally, we're joined by Desi Doyen with our 1001st Green News Report, with disturbing news on the enormous and raging Australian bush fires, climate-change fueled frigid weather in much of the U.S., Greta Thunberg's solar-powered voyage back to Europe, and the Trump EPA's latest --- and deadly --- attack on science...

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Guest: Dr. Andrew Rosenberg of Union of Concerned Scientists; Also: Carter hospitalized; SCOTUS allows suit against gun-maker, but may kill DACA; Impeachment hearings begin; and our 1000th 'GNR'!...
By Brad Friedman on 11/12/2019 5:59pm PT  

On today's BradCast, a heads up for just one of the newest, horrible, deadly things the Trump Administration is hoping to pull off on behalf of toxic corporate polluters, even as we're all distracted by impeachment of the President. [Audio link to show is posted below.]

In addition to a top of show teaser for our 1000th Green News Report at the end of the show, we kick off with a quick news roundup. Among the stories covered...

  • 95-year old former President Jimmy Carter is said to be recuperating after surgery to drain pressure on his brain following a number of recent falls;
  • The Republicans' stolen U.S. Supreme Court, surprisingly, allowed a lawsuit to proceed against gun manufacturer Remington, as brought by families of victims killed with one of the company's AR-15-style weapons in 2012 at the Sandy Hook Elementary School in Newton, Connecticut. The case alleges Remington's marketing was unlawful under CT law, and the plaintiffs have successfully argued that a 2015 federal law which bans most lawsuits against gun makers should not apply in this instance. SCOTUS appears to have agreed. If the complaint is ultimately successful in finding Remington violated the law, it may open up new avenues for additional suits against gun manufacturers and dealers by victims of gun violence;
  • Less surprising news from the GOP's stolen SCOTUS today comes from those in attendance at the Court for oral argument on Tuesday in a case which could strike down President Obama's Deferred Action for Childhood Arrivals (DACA) program. Court watchers suggest that questions from five Justices auger that the Republican appointees are prepared to allow the Trump Administration to end the program meant to offer protection from deportation for more than 700,000 [PDF] children of immigrants (so-called "Dreamers") brought here by their parents at a very young age;
  • On the eve of public hearings for only the 4th Impeachment inquiry in U.S. history, Intelligence Committee chair Adam Schiff (D-CA) released details on procedures for the hearings beginning on Wednesday, while an 18-page Republican talking points memo, detailing how they plan to oppose charges against the President, was obtained and published by CNN.

But, while the nation's attention is understandably focused on impeachment, the Trump Administration is continuing its non-stop corruption of federal Government power in favor of corporate industry interests. A draft proposal for a new rule from the Environmental Protection Agency Administrator (and coal lobbyist) Andrew Wheeler, as obtained by the New York Times, reveals the EPA's latest attempt to undermine scientific research in favor of toxic industry pollution of air and water and more.

The new rule, if approved, picks up where one introduced by disgraced former EPA chief Scott Pruitt left off. The original iteration of the rule was met with a tidal wave of opposition in some 600,000 public comments, almost all opposing the scheme. Nonetheless, Wheeler not only ignored those comments, but has now broadened the new proposed rule so that it might actually be applied not only to new regulations from the EPA, but also to existing regulations as well.

In effect, as our guest today, DR. ANDREW ROSENBERG, Director of the Center for Science and Democracy at the Union of Concerned Scientists, warns, the new rule, if adopted, would "devastate public health and environmental protections".

The long sought-after rule would deny the use of scientific studies for the basis of EPA regulations, if the raw, underlying data of such studies are not fully released. That means, for example, that private medical information of those who participated in various health studies under confidentiality agreements would have to have their names and medical records exposed, or the studies cannot be used as a basis for federal rule-making. Industry groups, of course, favor the new rule, which they and Trump's EPA are selling as "scientific transparency". Scientists and health care providers, however, are strongly opposed, charging, as Rosenberg does, that the scheme will undermine public health protections and "would put the entire enterprise of developing science-based public health safeguards at risk."

The policy, he explains, upends decades of well-established scientific norms, as well as federal rule-making procedures, and is precisely what the chemical and fossil fuel industries, in particular, have been pushing for for years.

"This isn't about transparency. This is about restricting the ability of the government to do the job that we want them to do --- that is, to protect public health and safety," Rosenberg tells me. "There's absolutely no scientific basis for doing this. One of the ways that you can tell that --- it's not just my word for it --- they put no justification in the rule. They didn't even identify what problem they're trying to solve. There's no analysis of what the impacts of putting this rule in place would do. There's not even an analysis of how much it would cost the agency. But, more importantly, [there's] absolutely not a single word on how it would impact the agency's ability to put public health protections in place. So there is no merit to this proposal at all."

Nonetheless, Rosenberg cautions, even if the public makes noise about this, given Wheeler simply ignoring the response to the Pruitt version of the same rule, it will likely be implemented. But, he notes, it will almost certainly be challenged in court, at which time public comments against the new rule will become very important. As Desi Doyen notes at the end of today's interview, some 200,000 Americans die each year prematurely due to pollution which will only be made worse under this new rule.

And, speaking of Desi, yup, finally, it's our 1000th Green News Report! In which we look both forward and back (to our first GNR in February of 2009), hear from a few old friends, and share what we believe is the funniest "snarky comment" in 1000 episodes over nearly 11 years of the GNR. All of it, by the way, made possible not by industry or political support, but by you, our listeners via BradBlog.com/Donate. Thank you!...

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Guest: Slate's Dahlia Lithwick on not returning to SCOTUS; Also: John Oliver touches on touchscreens; KY Gov. Matt Bevin's reelection contest...
By Brad Friedman on 11/4/2019 6:13pm PT  

On today's BradCast: John Oliver touches on America's voting machine crisis, America goes to the polls again (using those same, unverifiable touchscreen voting systems), and one year after accused sex assaulter Brett Kavanaugh was sworn in as a U.S. Supreme Court Justice, one 20-year veteran SCOTUS journalist is refusing to return to the Court...and for very good reason. [Audio link to show follows below.]

First up, as we are now officially --- finally --- less than one year away from the critical 2020 Presidential election, our electronic voting systems in many states are still just as bad and dangerous and vulnerable and unverifiable as they were 15 years ago. And, in a bunch of states and jurisdictions across the country, they are getting even worse and less verifiable than they were in the 2016 election. HBO's John Oliver dipped into the issue on his latest Last Week Tonight on Sunday night and got a lot of stuff right regarding our easily-hacked, oft-failed touchscreen voting systems that have been in use over the past several decades. Unfortunately, he also left out a whole bunch of stuff regarding the new and equally vulnerable and 100% unverifiable computer touchscreen Ballot Marking Devices (BMDs) which are now being installed and proliferating in states (many of them key battlegrounds) from coast to coast before 2020. In short, as we detail, Oliver's report was excellent....if this was 2009. As it is now 2019, however, his commentary was a bit wanting. But, we'll take what we can get and that, of course, is why you have The BradCast.

In related-ish news, a bunch of off-year state and local elections are happening in several states on Tuesday. Among the noteworthy contests is the gubernatorial race in Kentucky, where the unpopular and very Trumpy Republican Governor Matt Bevin is fighting for his life in a race with Democratic Attorney General Andy Beshear (son of the Bluegrass State's former Governor Steve Beshear), in what pre-election polls suggest is currently a dead-heat contest. But, as we detail today, Bevin was down anywhere from 3 to 5 points in pre-election polling during his first run for Governor against then Democratic Attorney General Jack Conway in 2015. Nonetheless, as we detailed that year, he somehow ended up winning the race, reportedly, by nearly 9 points in a state which still forces many voters to use the same unverifiable touchscreen voting machines that helped Bevin win in 2015. Many of those systems are the same very old, vulnerable and unverifiable ones which Oliver railed against on his HBO piece on Sunday. Trump is in KY on Monday night to help "drag one of the nation’s most unpopular governors across the finish line," as the New York Times describes it today, in what many see as a potential bellwether race ahead of 2020.

Meanwhile, it has now been just over a year since Brett Kavanaugh was sworn in to his lifetime post as an Associate Justice on the Republicans' stolen U.S. Supreme Court. He was seated on the bench almost immediately after Republicans in the U.S. Senate rammed through his nomination --- with the help of a trumped up FBI "investigation" --- late last year despite multiple, credible allegations of sexual assault against Kavanaugh from the time he was in high school and college.

Longtime SCOTUS journalist DAHLIA LITHWICK wrote at Slate last week about why she has not returned to the Court since Kavanaugh was sworn in. She joins us today to discuss the reasons behind her decision, and why, as she described, she will "not accede to the routinization and normalization of the unprecedented seat stolen from President Back Obama in 2016" by Mitch McConnell and Republicans, nor from the "unprecedented seating of someone who managed to himself evade the very inquiries and truth-seeking functions that justice is supposed to demand" in Kavanaugh.

"One-quarter of the federal appeals courts, at this moment, three years into the Trump presidency, are Trump nominees. We're not just talking about nine justices on the Supreme Court. We're talking about the most strategic, systematic takeover of the federal bench that any president has ever effectuated," she tells me. "And that is happening day by day, right under our noses. And those judges are also going to sit for decades. So it's not just the Supreme Court."

It's a fascinating and important conversation, I think, about not only why none of us should simply "get over it" and "move on", when it comes to both Kavanaugh and the stolen seat filled by Neil Gorsuch, but also why our nation's seeming inability (or even interest) in assuring accountability for all manner of precedent --- and criminal law --- breaking in recent years has brought the country to the perilous position we now find ourselves in: Trump in the White House, the Supreme Court stolen and federal courts packed with unqualified rubes for life, and SCOTUS on the precipice of deciding a number of enormously momentous issues this session from union rights to reproductive justice.

"It's what happened when Barack Obama made the decision that we just are not going to re-litigate the CIA torture program, and this very aspirational notion that if we all forgive and forget, we all get to meet in the middle and work toward better outcomes. It's kind of Lucy with the football --- it never works out to meeting in the middle and working toward better outcomes. It just turns out that, yet again, ground has been ceded," she tells me.

"We're really bad at this. The heart wants what it wants, and the heart wants normal. I think that we keep believing that this erosion, this slow systemic erosion of norms, is somehow normal. I thought it was a law, it's not a law. I thought it was a rule, it's not a rule," says Lithwick. "We didn't didn't used to seat 37-year-old bloggers who've never set foot in a court room as a federal judges for life. And now we do. There's no law, there's just a norm. What I was trying to get at in the piece is that constantly acceding to this and saying, 'Well, this is what it is now' --- that there are costs. There are huge, huge costs to democracy."

"Our scrutiny, our unwavering, unflinching, I'm-not-over-it scrutiny does make a difference," she insists. "We need to hold the Court to the same unflinching, 'we're watching you,' 'we care'. That seems like soft power, I understand it's not optimal, but I think the Court responds. What they really want is for us to put this on page A27 and get over it. And that's our choice, not theirs."

Lots of important stuff here, as I said. Can't really summarize it well enough here, so please tune in.

Also, Lithwick rings in with some thoughts --- which tie into the broader conversation --- on what she expects from John Roberts' Supreme Court following today's ruling by a federal appeals court in Manhattan that Trump's accounting firm, Mazars USA, must turn over some 8 years of his and his company's tax and other financial documents to New York state prosecutors and a similar decision by a federal appeals court in D.C. last month that the same firm must also turn over similar records to Congressional investigators in response to yet another lawful subpoena...

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