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Latest Featured Reports | Tuesday, April 16, 2024
Trump's First Criminal Trial, for Cheating in 2016, Begins in NY: 'BradCast' 4/15/24
Special coverage of an historic day with Heather Digby Parton of Salon, attorney Keith Barber of Daily Kos...
Sunday 'Party Like It's 1864' Toons
THIS WEEK: Bad politics, good toonery and at least one wake-up call, in our latest collection of the week's best toons!...
Biden Closes 'Gun Show Loophole'; Repubs Turn Desperate: 'BradCast' 4/11/24
RNC Chair says Ukraine our enemy; GA Lt. Guv faces probe; Fox hides AZ abortion ruling, Hannity blames Dems; WI Justice to retire...
'Green News Report' 4/11/24
  w/ Brad & Desi
10th hottest month ever in a row; Swiss climate inaction violates human rights; PLUS: EPA crack down on airborne chemical plant pollution, 'forever chemicals' in drinking water...
Previous GNRs: 4/9/24 - 4/4/24 - Archives...
'Pink Slime': Fake 'Local News' Sites Proliferating in Advance of Election: 'BradCast' 4/10/24
Guest: Alex Mahadevan; Also: Trump CFO back to jail; GOP chaos, panic after AZ's 1864 abortion ban restored...
Dirty Tricks and the Dirtiest Candidate Of All Time: 'BradCast' 4/9/24
A CA three-way!; Polls shift toward Biden; RW scam artists pay the price; Trump rejected again in NY criminal case, facing trouble for phony $175M bond in NY civil case...
'Green News Report' 4/9/24
Big hurricane season coming; Colorado River used mostly for cattle; Good news for CA snowpack, for now; PLUS: Disney's Tomorrowland says goodbye to Yesterdayville...
'Titanic Law' Reform Just Tip of Iceberg in Quest for Key Bridge Accountability: 'BradCast' 4/8/24
Guest: Helen Santoro; Also: Media echo Trump abortion lies; Biden's new debt relief for 30M...
Sunday 'Dark Days Indeed' Toons
FEATURING: The Eclipse! Disinformation! 'Victimless' Crimes! And much more in our latest collection of the week's darkest toons...
Trump's Very Bad Day in Court(s), Other Good (& Less Good) News: 'BradCast' 4/4
No Labels out; Soft sentence for vote fraudster; WI reconsiders drop-boxes; NE nixes Elctrl College change; Biden v. Israel; Sanders, Biden tout drug price success...
'Green News Report' 4/4/24
Hunger crisis amid drought in Africa; Biden invests billions to decarbonize manufacturing; Melting ice is bending time; America's first commercial-scale offshore wind farm...
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 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."

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Trump's ridiculous 'immunity' argument at D.C. Court of Appeals...
By Brad Friedman on 1/9/2024 6:19pm PT  

Today on The BradCast, we continue our COVID recovery, revisit some of the Biden v. Trump horseraces that sent so many Dems scurrying under their bed sheets late last year, and try to make sense of the disgraced former President's ridiculous argument (his attempt to delay his Jan. 6 criminal trial until after this year's election) at the U.S. Court of Appeals in D.C. on Tuesday. [Audio link to full show follows this summary.]

Among the stories cited and/or referenced today...

  • New CNN/University of New Hampshire polling finds Nikki Haley within single digits of Donald Trump in New Hampshire with the first-in-the-nation primary now just two weeks away. Their polling is not the only one showing Haley within spitting distance.
  • USA Today buries the lede in their coverage of a new USA Today/Boston Globe/Suffolk University poll finding Joe Biden seven points ahead of Trump in a general election match-up in New Hampshire and reveals that "American democracy" is the issue that both Dems and independent voters are most concerned about this year.
  • Donald Trump and his attorney apparently believe that a U.S. President may lawfully order Seal Team 6 to assassinate an American political rival. Seriously, the question was raised on Tuesday by one of the three judges on the D.C. appeals court panel tapped to hear Trump's claims of "absolute immunity" for crimes committed while serving as President. Can he sell pardons? Can he accept bribes? Sell nuclear secrets? According to Trump's attorney, sure he can! As long as he is not impeached and convicted first. Trump's other appeal argument, that being "acquitted" by the U.S. Senate at his second impeachment trial (when a majority of bipartisan Senators found him guilty of inciting an insurrection), somehow renders him immune from criminal prosecution in the judicial system because that would be unconstitutional "double jeopardy". As one of the three judges pointed out, Trump's own attorneys during the impeachment argued exactly the contrary. "It's in the Congressional Record," she said. It's all as absurd as it sounds. But, in fact, it is simply meant as a way to push Trump's March 4 trial date in his federal indictment for attempting to steal the 2020 election back past the 2024 election, when he hopes to win and make all of his many indictments go away. The three judges on the D.C. panel, however, didn't seem to be buying any of it.
  • Finally, as deadly winter weather whiplashes much of the nation today, Desi Doyen joins us for our latest Green News Report with bad news for the snow crab season in Alaska and good news, thanks to the Joe Biden Administration, for American school buses...

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: Voting system expert Susan Greenhalgh of Free Speech for People; Also: Our COVID chronicles continue; Biden charges Trump an 'insurrectionist', tried to 'steal' 2020 election...
By Brad Friedman on 1/8/2024 6:05pm PT  

We're still fighting COVID, but we think we're almost over the hump on today's BradCast, just as a long awaited voting system trial in a critical swing-state is finally set to begin. [Audio link to full show follows this summary.]

On Friday, just as Desi had days earlier, I too tested positive for COVID. After avoiding it for four years, we both finally got hit. But, thanks to keeping up with our boosters, free rapid home tests and the miracle anti-viral drug Paxlovid, both she and I are almost back to normal this week. She is now testing negative and I am, very faintly, still positive, but suspect I'll be fully clear by tomorrow. Most of our symptoms are gone and, most importantly --- because we were both positive --- we're able to be in the same room again! So, I think we're finally back to our usual schedule after an unexpectedly long holiday break and a bumpy start to what is likely to be a very bumpy new year.

As it turns out, we're not the only ones swept up among the largest spate of cases in the U.S. since the initial Omicron wave back in late 2021. Cases, hospitalizations and deaths are still on the rise. If you haven't already, please get your COVID and flu shots this year, as that is also seeing a big bump right now. And, if you want to get over COVID quickly, ask your doctor for Paxlovid as soon as you test positive, because it must be taken right away. It has certainly worked wonders, so far, for us.

With that medical sidebar out of the way, for now, we're back to the grind of the 2024 elections and the former President's threat to American democracy itself on today's program. Last week, Donald Trump failed to sign a pledge against advocating for the overthrow of the government in his Illinois candidacy paperwork, despite signing the optional pledge when he ran in both 2016 and 2020.

And, on Friday, President Biden, in his campaign launch in Valley Forge, Pennsylvania, called out Trump, by name (44 times), including as an "insurrectionist". During his remarks, marking the third anniversary of Trump's deadly January 6, 2021 U.S. Capitol attack, Biden also finally took our advice in calling out Trump in plain language for what he tried to do in 2020: "In trying to rewrite the facts of January 6th, Trump is trying to steal history the same way he tried to steal the election."

Thank you, Mr. President.

As to helping to prevent another attempted election theft in 2024, the long-awaited federal trial finally begins in Georgia this week in Curling v. Raffensperger, the 2017 lawsuit led by our friend Marilyn Marks of the Coalition for Good Governance. The suit seeks to the block the use of Georgia's insecure, unverifiable touchscreen voting systems made by Dominion and see them replaced with verifiable hand-marked paper ballots in the battleground state.

In 2019, the federal judge overseeing the case, U.S. District Judge Amy Totenberg, blocked the further use of the state's old touchscreen voting systems made by Diebold, finding them to have unconstitutional security infirmities. Unfortunately, against the advice of cybersecurity and voting system experts, GA's Republican Sec. of State Brad Raffensperger then moved the entire state to touchscreens made by a different manufacturer with many of the same problems featured in the old systems.

This is also the case which uncovered, during the discovery phase in 2022, the now-notorious Coffee County, GA voting system software breach by Team Trump. That unprecedented theft and distribution of sensitive voting system software resulted in the indictment [PDF] of Trump attorney and breach organizer Sidney Powell as part of Fulton County, GA District Attorney Fani Willis' criminal conspiracy charges against the disgraced former President and 18 co-conspirators.

As Washington Post detailed in its own lengthy preview on Sunday, the trial, set to begin this week, has already resulted in MAGA election deniers and conspiracists like MyPillow CEO Mike Lindell pretending to be vindicated by one of the judge's earlier rulings finding that the Curling plaintiffs, unlike Lindell, are not "conspiracy theorists of any variety" and that, as Judge Totenberg found, they have the support of "some of the nation's leading cybersecurity experts and computer scientists."

Those scientists and experts have documented how the touchscreen systems used across the entirety of Georgia (and in jurisdictions in more than a dozen states) are wildly "vulnerable" to hacking and system failure, even as no evidence has been found that the 2020 or 2022 elections were actually hacked. As Judge Totenberg noted in a 2020 ruling, the plaintiffs "convincingly present evidence that this is not a question of 'might this actually ever happen?' - but 'when it will happen,' especially if further protective measures are not taken."

We're joined today by SUSAN GREENHALGH, Senior Advisor on Election Security at Free Speech for People. She has worked very closely on this case with the plaintiffs from Coalition for Good Governance and has joined us on the program many times to discuss it since it was initially filed seven years ago.

Among the details discussed in today's "curtain raiser" before trial: How Democrats have become frightened of challenging unverifiable voting systems in the wake of the MAGA election denial movement. The gob-smacking ruling on Friday from the 11th Circuit Court of Appeals that Raffensperger does not have to testify as a witness, despite the lower court judge ordering him to do so, and Raffensberger's insistence [PDF] in his own recent book, amusingly titled Integrity Counts, that "the ultimate fact-check in the United States...occurs in courts of law, where witnesses swear to tell the truth or risk imprisonment and where lawyers must also tell the truth or risk disbarment. If you want to know the truth, watch what happens in court."

Sadly, we won't be able to watch Raffensperger in court. He fought tooth and nail up to the appellate level to avoid 75 minutes of testimony as a witness in the Curling case.

Also, as Greenhalgh explains today, Raffensperger has now ordered the election security reviewer at the Sec. of State Office's "not to provide any reports in writing any longer, to only give them orally." She describes the order as "really strange," begging the question, yet again, as to why the rightwing 11th Circuit would allow Raffensperger to avoid testifying.

"There are a lot of questions that Raffensperger should be answering," she argues, while noting that despite the absence of the guy who, in defiance of experts, ordered the use of these machines in the first place --- and then failed to investigate the 2021 MAGA breach and distribution of statewide voting system software in Coffee County for more than a year --- there is still plenty of evidence for plaintiffs to make their case against these godforsaken, unreliable, unnecessary voting computers in advance of the 2024 general election.

"There are a lot of questions that really should have been answered by Raffensperger," Greenhalgh laments, before adding : "But they still have overwhelming evidence."

The trial is scheduled to begin in federal court in Atlanta on Tuesday...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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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

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Some good (and not so good) legal news at year's end, and some hope for what next year's elections could bring in our final show of the year...
By Brad Friedman on 12/19/2023 7:12pm PT  

Tonight's breaking news about the disgraced former President and insurrectionist being barred from the 2024 ballot in Colorado under the U.S. Constitution's "Insurrectionist Disqualification Clause" came just minutes before we were finishing up today's BradCast --- our last one of the year! But I suspect we'll have plenty to discuss when we return in 2024. [Audio link to full show follows this summary.]

Among the stories we did have time to cover in full on today's program...

  • We open with a homerun public comment from a young man at a meeting of the Sarasota County, Florida School Board last week, calling for the resignation of Board Member and co-founder of Moms for Liberty, Bridget Ziegler. That, following the rape allegations against her husband, Christian Ziegler, Chair of the Florida Republican Party, by a woman who says she was involved in a threesome relationship with Christian and Bridget, a supposed "conservative" who rocketed to rightwing national fame as her Moms for Liberty group worked with FL Gov. Ron DeSantis to adopt the state's "Don't Say Gay Law" and to ban books from schools on LGBTQ-related issues. That, even as Bridget was allegedly involved in a sexual affair with another woman. But the guy's comment at the Sarasota School Board --- from which Bridget is still refusing to resign --- was killer.
  • Good news at the end of the year for voting rights out of --- of all places --- the very far-right 5th U.S. Circuit Court of Appeals, in two different opinions issued on Friday, in fact. In one, the full court allowed a lower court ruling to stand mandating a new U.S. House map for Louisiana before 2024, after finding that the current map was an unlawful racial gerrymander by state Republicans under Section 2 of the Voting Rights Act. The other decision by the 5th Circuit allows a Texas voter suppression law --- which bans online voter registration, in a state with the lowest voter turnout in 2020 --- to stand. That's not good. But both decisions re-affirmed that voters and private organizations do have a legal right to sue to block racist voter suppression laws under Section 2 of the Voting Rights Act. Those affirmations come after the 8th Circuit Court of Appeals ruled just last month, for the first time since the creation of the Voting Rights Act in 1965, that only the U.S. Attorney General can sue to enforce Section 2 of the VRA. If allowed to stand at SCOTUS, the 8th Circuit's ruling would be an extraordinary blow to the landmark Act. So the 5th Circuit's rejection of those arguments, filed in both cases by Republicans, is a very encouraging sign.
  • On Monday, Texas' authoritarian Governor Greg Abbott signed a new state law allowing state police to arrest --- and local judges to deport --- anyone suspected of being an undocumented immigrant. On Tuesday, civil rights groups sued to block the almost certainly unconstitutional new law. At least it used to be unconstitutional, back when SCOTUS overturned a similar "Papers, please!" law out of Arizona in 2012. But that was before there was a packed, stolen and corrupted 6 to 3 Republican majority on the High Court.
  • Very bad news for both Donald Trump and Mark Meadows out of the also very conservative 11th U.S. Circuit Court of Appeals on Monday, as a three-judge panel rejected Meadows' attempt to remove his Georgia state criminal indictment related to 2020 election interference from state to federal court. As Law Professor Lee Kovarksy of the University of Texas explained last night, the ruling, written by the court's Chief Judge and very close Clarence Thomas ally, is very bad news for appeals of the "immunity" defenses filed by both Trump and Meadows in several different cases where they are attempting to use that legal gambit to skirt accountability.
  • We received a lot of email following yesterday's lively call-in show, in which I asked folks who'd voted for Joe Biden in 2020, but who were planning on not doing so again in 2024, to call in and tell me why. Today we share a few of those notes in response.
  • But, for something for nervous pro-democracy Americans to consider over the holidays until we return after the new year, we share a recent column from University of Illinois' Political Science Professor Nicholas Grossman, explaining why folks should not (yet) be freaked out about polls showing Trump defeating Biden next year, and why "pro-democracy Americans [should] approach the 2024 election with enthusiasm, not only dread."
  • Finally, Desi Doyen joins us for our final Green News Report of the year! She includes a boatload of details on why, though we may be done with 2023, 2023 ain't yet done with us yet! But she also has some encouraging news on how long-overdue actions to tackle our climate crisis by the Biden Administration are finally beginning to take root as we move into the new year...

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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Callers ring in with answers to that question; Also: Trump doubles down on racist strongman immigration plans; Defamed GA election workers awarded $148M in case against Rudy, before suing him again...
By Brad Friedman on 12/18/2023 6:00pm PT  

We dumped a big planned portion of today's BradCast to open phone lines to listeners, in hopes of taking their end of year temperature before next year's Presidential election year begins in earnest. [Audio link to full show follows below this summary.]

Specifically, I wanted to hear from voters who claim to have supported Joe Biden in 2020, but are now planning to...do something else in 2024. Why would they want to do that with so much --- including American democracy itself --- on the line next year? They call in to explain. Lively conversations ensue.

Also today, before we took our right turn toward callers: Donald Trump is getting more and more dictator-y with each new rally and social media post of late. Over the weekend, in Nevada and New Hampshire, it was in regard to immigration (and his increasing love for fellow dictator, Vladimir Putin).

On Friday, a D.C federal jury awarded Georgia election workers Ruby Freeman and her daughter Shaye Moss $148 million dollars in their civil defamation lawsuit against the racist Rudy Giuliani, who lied about the women falsifying 2020 election results in Atlanta and turning their lives upside down ever since in the bargain. The judgment was $100 million more than they'd even asked for. And, on Monday, the pair filed yet another suit against Giuliani following new defamatory remarks he made outside the federal courthouse after the first day of his trial last week.

But ya know who was arguably the most terrified by the verdict in Rudy's case? One Donald J. Trump, who is both facing a huge multi-million dollar judgement in his own civil trial in New York State for years of fraud, even as he is facing a federal criminal trial, scheduled to begin in just over two months time, for crimes related to his attempt to steal the 2020 election. That trial will have a jury pulled from the very same D.C. federal jury pool that just awarded Freeman and Moss $100 million more than they even asked for.

Buckle up....

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: 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.

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guests: Heather Digby Parton of Salon, 'Driftglass' of 'ProLeft Podcast'...
By Brad Friedman on 12/7/2023 5:27pm PT  

It was debate number four for all of the eligible GOP 2024 primary candidates who decided to show up. And, for reasons best left to one of our guests to explain on today's BradCast, we once again offer Special Coverage of yet another LOL bat-crap insane evening! [Audio link to full show follows this summary.]

This one was broadcast from Tuscaloosa, Alabama. It was sponsored by new media outlet NewsNation and moderated (for the first time?) by three women. The GOP's Race for Second Place on Wednesday night featured just four candidate who qualified: former UN Ambassador and former SC Gov. Nikki Haley; FL Gov. Ron DeSantis; former NJ Gov. Chris Christie and scammy business dude and unspeakably annoying conspiracy theory bro Vivek Ramaswamy. Presumed front-runner Donald Trump didn't bother to show up again. Though, after winning the three previous debates by not being there, he may have actually lost a few points this time around, for reasons discussed on today's program.

We're joined once again today by our tireless 2024 post-debate panelists and long-time OG bloggers HEATHER DIGBY PARTON of Salon and Hullabaloo and 'DRIFTGLASS' of the weekly Professional Left Podcast and its companion show, No Fair Remembering Stuff.

It was a lively, if insane affair, as expected from today's broken Republican Party, with the candidates viciously attacking each other throughout the night as "obnoxious blowhard", "corrupt", "toxic", "fascist" and "liar". But who are we to disagree with the GOP's own carefully curated collection of 2024 candidates for President of the United States?

Aside from the smaller group of participants, the biggest change was that Christie decided to finally weigh in both as the adult in the room with actual old-school Republican "conservative" values, and to finally take on Trump head on as he'd long promised. As we discuss, the room did not boo him as vigorously this time out, and may (may!) have actually listened to a word or two he had to say about Trump. While Christie scored a number of direct hits on the four-time criminally indicted former President, his best moments --- other than beating the hell out of DeSantis and Ramaswamy --- came in calling out Trump as "unfit for office", before noting in closing that Trump is likely to be disqualified from even voting for himself next year.

"I want you all to kinda picture in your mind its Election Day. You all will be heading to the polls to vote, and that's something that Donald Trump will not be able to do. Because he will be convicted of felonies before then and his right to vote will be taken away," explained Christie, followed by a bit of half-hearted booing from the assembled crowd at the University of Alabama. "You can boo about it all you like and continue to deny reality," he continued. "But if we deny reality as a party, we're gonna have four more years of Joe Biden." He went on to add for his fellow candidates: "If you're too timid to take on Trump, believe me, others will see that timidity: Xi, Putin and the Ayatollah, the border-crossers on the southern border and the criminals on our streets."

The full frontal --- and accurate --- attack may or may not work. But it was the message that the crowd eventually seemed to be listening to and that Christie had long promised to deliver, but hadn't until last night. It was also the argument that every other major candidate in the party has, so far, been too "timid" to make. In fact, the lawless, autocratic threat posed by Donald Trump to his own party, our nation, and this world is really the only issue that matters in 2024.

We discuss all of that and much more today, including...

  • Why we're devoting an hour to this madness at all.
  • The reasons for the lack of a single question about abortion.
  • Why the sponsors of this debate thought it appropriate to feature two video questions for the candidates from the far-right Judicial Watch's Tom Fitton, identified as one of Trump's many unindicted co-conspirators in his Georgia election theft indictment and likely in his federal indictment for same.
  • Why the party that used to pretend to oppose Big Government clearly doesn't anymore (and never actually did.)
  • How Haley and DeSantis claim to support "freedom", while each opposing freedom of speech on the Internet (and elsewhere.)
  • Who would actually be the best GOP candidate to defeat Joe Biden and who would actually be the easiest for Joe Biden to defeat.

Please enjoy our...for some reason...BradCast Special Coverage!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: McHenry quits; Tuberville folds; DeSantis Never Back Down staffers back down; GOP officials indicted for 2022 election interference in AZ; GOP official's wife convicted on 52 counts of 2020 election fraud in IA...
By Brad Friedman on 12/5/2023 6:12pm PT  

It's impeachment madness on today's BradCast! Also, a whole bunch of Republicans are otherwise quitting, backing down or facing jail time. In other words, Tuesday. [Audio link to full show is posted below this summary.]

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

  • Tommy Tuberville (R-AL), a U.S. Senator and grown man who goes by the name Tommy, finally backed down from his pointless, one-man, months-long blockade of promotions for more than 400 U.S. military officials. He had been protesting a Pentagon abortion policy that none of the officers in question had anything to do with. The Senate quickly promoted all of them by simple voice vote shortly thereafter.
  • House Speaker Mike Johnson (R-LA) announces he has "no choice" but to hold a floor vote for a (revenge) Impeachment inquiry of President Biden next week. The announcement follows the latest bombshell disclosure by Oversight Committee Chair and supergenius Rep. James Comer (R-KY) that Republican investigators have discovered secret monthly payments made by China to Joe Biden and laundered through his son, Hunter! Err...Three monthly payments of about a $1,400 each from Hunter Biden to his dad in 2018 to repay him for the purchase of a used truck the then former Vice President helped him buy. (Yes, the same bombshell loan repayment reported almost two years ago by the New York Post.)
  • The bow-tied, far-right, but not-insane-enough-for-today's-House-Republicans Rep. Patrick McHenry (R-NC) has had enough. He joined a growing number of colleagues announcing they will be quitting at the end of this term.
  • An important CORRECTION following my mention yesterday of North Dakota Gov. Doug Burgum dropping out of the GOP 2024 Presidential race, and the RNC announces the four candidates who have qualified to appear at Wednesday's night's "Presidential Primary Debate" in Alabama. (Neither Burgum nor Trump will be there. DeSantis, Haley, Ramaswamy and Christie will, for some reason.)
  • The three top officials for Ron DeSantis' "Never Back Down" super PAC have backed down. They quite over the weekend, joining a growing number of other Never Back Downers who have exited the Florida Governor's losing 2024 campaign in recent days.
  • Two Republican Cochise County officials, Peggy Judd and Tom Crosby, have been indicted on state charges in Arizona for conspiracy and interference of an election officer after refusing to certify the county's 2022 election results because...well, tune in.
  • Kim Taylor, the wife of Republican Woodbury County, Iowa Supervisor and failed GOP Congressional candidate has been convicted on 52 counts of election fraud-related charges for falsifying voter registrations and casting dozens of fraudulent votes in the names of others in the 2020 election. Her husband, Jeremy Taylor, named as a co-conspirator, has yet to be indicted for some reason.
  • Finally, Desi Doyen joins us for our latest Green News Report (and our only one this week, due to our coverage of this week's dumb GOP "Presidential Primary Debate") with a bit of surprisingly good news out of the U.N.'s COP28 climate conference this week in Dubai, and more good news on the Biden EPA's new rule that will eliminate all 9 million toxic lead water pipes across the entire nation...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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EPA to mandate removal of nation's lead water pipes; Interior's firefighter, wildfire resilience funding; OPEC to cut production again; NY re-gags Trump; Biden in CO touts clean energy jobs, manufacturing boom...
By Brad Friedman on 11/30/2023 6:29pm PT  

We've got an unusually large amount of somewhat encouraging environmental-related news on today's BradCast. We apologize in advance. Don't worry. It's not all good.

Among today's stories...

  • More than 40 inches of snow fell on parts of the Northeast over the past two days. Desi Doyen explains why that may --- or may not be (though probably is) --- related to climate change.
  • Donald Trump's very narrow gag order in his $250 million civil fraud trial in New York, meant to bar him from attacking the court clerk --- which had resulted in hundreds of vile death threats against her --- has been reinstated by the state appeals court. Trump and his lawyers are pretending this is the greatest "tragedy" and injustice in world history. Shortly after the ruling [PDF] was handed down, Trump began posting attacks on social media against the Judge's wife.
  • OPEC+ member states, including cartel leader Saudi Arabia, Russia and others, announced they will be cutting oil production in 2024 in hopes of raising your gas prices in an election year. They had already cut production in late 2022, but, thanks in part to record U.S. oil production under the Biden Administration, prices came down anyway. (Yes, we realize that's the oppose of what you've been told by Republicans.) Sick of manipulation of global gas prices by foreign adversaries hoping to interfere in U.S. elections? We've got a few answers to that in the rest of today's show.
  • The Biden Interior Dept. announced on Thursday that it had invested some $468 million to advance wildfire resilience and a temporary increase in pay for firefighters across the nation under the Administration's "Investing in America" agenda, as wildfire season gets longer and more deadly thanks to our climate crisis. (The Biden-Harris Administration says it is working hard to find a way to make those pay increases permanent. But GOP members of Congress may have to play along.)
  • The Biden EPA also announced some very big news on Thursday. The Administration has proposed new restrictions on lead levels in drinking water that will result in all 9 million of the nation's lead water pipes --- which can cause brain damage and behavior disorders, particularly in children --- being replaced over the next 10 years! "To finally have a rule that mandates the removal of lead pipes is exactly what the government should be doing,” declared the Michigan pediatrician whose research first discovered the 2014 Flint, Michigan lead poisoning water crisis. This is very very good news and, yes, exactly the sort of thing that the federal government should be doing --- and should have done long ago!
  • But for, perhaps, the best examples of the federal government doing what it should be doing to help Americans this week came from Joe Biden's own remarks at a wind turbine manufacturing plant in Pueblo, Colorado on Wednesday. It is the largest such plant in the world, and will be even larger soon thanks to a number of pieces of legislation adopted during his Presidency. In his remarks, Biden touted the Administration's multifaceted jobs and manufacturing agenda --- via bills such as the Inflation Reduction Act, the Bipartisan Infrastructure Act, the CHIPS Act and more --- which has resulted in a clean energy jobs and manufacturing boom across the country. In this case, he was speaking in the district of --- and pushing back at --- handsy far-right Republican Congresswoman Lauren Boebert and other Republicans who voted against all of the measures that have brought thousands of jobs and hundreds of millions of dollars to her own district.
  • Finally, Desi Doyen joins us for our latest Green News Report with a suspiciously high ratio of good to bad news for a change today. It must be something in the water today. Hopefully it's not lead.

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 11/30/2023 10:52am PT  


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IN TODAY'S RADIO REPORT: 'Unprecedented' heat waves set all-time high national records in Brazil and South Africa; Commercial jet the first to cross the Atlantic Ocean powered by waste fat and sugar, not fossil fuels; PLUS: President Biden touts booming clean energy jobs, manufacturing in MAGA Republican's district... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): CA's Salton Sea has even more lithium than previously thought; Cybersecurity agency warns that water utilities are vulnerable to hackers after PA attack; New life for old coal: Minelands and power plants are hot renewable development spots; Biden Admin sued for hiding records on opposition to fossil fuel phaseout; LA liquefied natural gas facility is the next carbon bomb ... PLUS: Biden’s paradox: Can a green grid coexist with industrial surge?... and much, MUCH more! ...

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Warning from a top conservative federal judge; Far-right electoral victories in Argentina, Netherlands; Trump threatens use of Insurrection Act; Biden invokes DPA to save climate...
By Brad Friedman on 11/28/2023 6:20pm PT  

The warning signs continue to blink bright red after the holiday on today's BradCast. [Audio link to full show follows this summary.]

Among those warnings...

  • Well-respected, very conservative former federal Judge Michael Luttig warns: "If American democracy was on a knife's edge on January 6, 2021, today it is teetering on that knife's edge [and] in greater peril today than it's ever been in American history." He argues that a second term for the former President would be "catastrophic".
  • TPM's David Kurtz: "The Rule Of Law Is The Only Thing That Matters In 2024"
  • The warning signs are coming from abroad as well, with the "impossible" electoral victory a week ago Sunday of far-right "libertarian" Javier Milei as Argentina's new President and the "massive shock win" and "stunning lurch to the far right" for The Netherlands with last Wednesday's victory for Geert Wilders' extreme right party in Dutch parliamentary elections. Both are wild-haired versions of our own former President, who gleefully celebrated their electoral victories. Both are extreme anti-immigrant, anti-government populists --- to put it very nicely.
  • Here at home, Donald Trump remains the GOP front-runner for the 2024 nomination (though Nikki Haley received a major boost today from the billionaires of the Koch Network), and continues to ratchet up his own far-right authoritarian threats, including with his promised domestic deployment of the U.S. Military under the Insurrection Act should voters of this nation prove foolish and self-defeating enough to allow him a second term next year.
  • Meanwhile, our current President, continues to use his powers for good instead of evil, including a new Biden Administration invocation of the Defense Production Act to boost domestic manufacturing of clean, efficient residential and business heat pump technology to replace dirty fossil fuel-burning furnaces and low-efficiency AC systems. The $169 million program, according to the Department of Energy, "will help families and businesses save money with efficient heating and cooling technology...create thousands of high-quality, good-paying manufacturing jobs and strengthen America's energy supply chain, while creating healthier indoor spaces through home-grown clean energy technologies." It is all part of a program to encourage more efficient appliances that "will save Americans $570 billion and reduce greenhouse gas emissions by more than 2.4 billion metric tons over the next 30 years." So, little wonder Fox "News" is furious about it.
  • Finally, Desi Doyen joins us for our latest Green News Report as world leaders descend upon Dubai for the latest annual United Nations climate conference (COP28) on the heels of a number of startling new reports warning that the globe will soon blow past targets set at previous conferences. This one is being hosted by the petro-state of the United Arab Emirates. What could possibly go wrong?

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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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...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Marilyn Marks of plaintiff Coalition for Good Governance; Also in GA: Who leaked the Fulton County tapes?; Jail time for a Trump co-defendant?; Defamed Atlanta election workers seek millions from Rudy...
By Brad Friedman on 11/16/2023 6:57pm PT  

You may have noticed the nation is a bit of a tinder box right now. If the currently presumptive 2024 GOP nominee loses in Georgia again next year and just one precinct, out of thousands in the state, experiences something akin to what happened last week during elections in Northampton County, Pennsylvania... well, I don't even wanna think about the likely ramifications. Though we do discuss that today as part of our BradCast, which focuses almost exclusively on election-related lawsuits and criminal cases in the Peach State. Our guest is one of the plaintiffs in one of the most important cases you probably haven't heard about on your favorite cable news station. [Audio link to full show follows this summary.]

The long-awaited Curling v. Raffensperger voting system trial is finally set to begin in Atlanta in January, just after the start of the new Presidential election year in the critical battleground state Originally filed in 2017, the long-running federal lawsuit has already been extraordinarily consequential.

Among other things, it resulted in the 2019 banning of Georgia's then nearly 20-year old, unverifiable, insecure touchscreen voting systems made by Diebold after the judge still overseeing the case, U.S. District Court Judge Amy Totenberg, found the systems so deficient that their use was determined to be in violation of the U.S. Constitution.

In response, and ignoring the advice of voting system and cybersecurity experts, GA's Sec. of State Brad Raffensperger replaced the Diebold systems with newer, similarly unverifiable and insecure touchscreen voting systems made by Dominion. The plaintiffs challenged the use of those systems on similar Constitutional grounds, hoping to see the state move to verifiable hand-marked paper ballots at all polling places, where voters are now forced to vote on the unverifiable touchscreen systems. Raffensperger has refused.

As AP noted last weekend, the case also "spawned a landmark expert report that identified vulnerabilities in the election system used in Georgia that led [the US Dept. of Homeland Security's Cybersecurity and Infrastructure Security Agency (or CISA)] to issue an advisory" to all jurisdictions around the nation that use the same equipment, recommending they immediately apply security patches produced by Dominion to mitigate at least some of the systems' known insecurities. Raffensperger stunned the federal court in Atlanta earlier this year when his office announced they do not plan to apply the recommended security patches until after the 2024 Presidential election in the highly contested swing-state.

Perhaps most famously (or infamously?) the Curling case also resulted in the revelation of the January 7, 2021 statewide voting system software breach in Coffee County, GA. That led to the criminal indictment of Sidney Powell and four others, with Donald Trump, in Fulton County D.A. Fani Willis' sprawling racketeering conspiracy case against the former President and 18 alleged co-conspirators. The revelation of the unprecedented Coffee County breach, copying and Internet distribution of Dominion's sensitive software occurred when Atlanta bail bondsman, Scott Hall (who, along with Powell, has since pleaded guilty in the indictment), called and essentially confessed the entire plot to one of the plaintiffs in the 'Curling' case, who was smart enough to record the phone call. That call was originally aired by The BradCast in May of 2022.

That plaintiff, MARILYN MARKS, longtime, indefatigable election integrity champion and Executive Director of the non-profit good government group, Coalition for Good Governance, is once again our guest on today's program, as she and her team prepare for trial against Raffensperger and GA, now set by Judge Totenberg to begin on January 9th.

Late last week, Totenberg released a 135-page Opinion and Order [PDF], denying the State's attempt to dismiss the case and setting a trial date. For clarity, she took pains to note: "the record evidence does not suggest that the Plaintiffs are conspiracy theorists of any variety. Indeed, some of the nation's leading cybersecurity experts and computer scientists have provided testimony and affidavits on behalf of Plaintiffs' case in the long course of this litigation."

In the Order's conclusion, the federal judge emphasized: "The importance of the security, reliability, and functionality of state election systems, classified by the U.S. Homeland Security Department as critical national infrastructure, cannot be overstated in a world where cybersecurity challenges have exponentially increased in the last decade. The dynamics of how a breach in one part of a cyber system may potentially carry cybersecurity reverberations for the entire system for years to come exemplifies the important concerns raised in this case."

But, Totenberg also writes in her ruling that she is unable to order the use of a new voting system for the State, asserting that only the Legislature may do that. Thus, she urges the parties to find a compromise resolution. Nonetheless, as Marks explains today, this same judge, who will oversee a bench trial without a jury, found the old Diebold systems so dangerously deficient nearly five years ago, that she not only found them unconstitutional, she barred their use in any further Georgia elections.

"We've never asked for her to order hand-marked paper ballots," Marks clarifies today. "That ultimately just becomes the default, because state law already says that if the electronic system is not working, hand-marked paper ballots is what you go to. That's what the law says." She notes that Judge Totenberg "has the power to enjoin unconstitutional behavior, and that's what we are asking her to do."

"No amount of software patching is going to fix this Constitutional problem. No amount of so-called auditing. You can't do a real audit with those machine-printed ballots," argues Marks. After an election, only hand-marked paper ballots can be known to have been verified by the voter. Studies have found that voters didn't notice more than 93% of the time when a touchscreen voting system flipped their vote on a computer-printed paper ballot summary.

Last week, in Northampton, PA's elections, similar touchscreen Ballot Marking Devices to those used all across GA were showing voter selections one way on the screen in two different contests, in some cases, but printing the opposite on the paper that gets tallied. Imagine if that occurred in even one precinct next year in GA with Trump on the ballot. That is among the nightmare scenarios Marks is hoping to side-step by forcing the state to finally dump their insane --- and insanely expensive --- statewide system.

She says the solution is simple and inexpensive and can be done immediately. Emergency hand-markable paper ballots are already required at every precinct in the state. Just print more of them, and use the existing scanners in each polling location to tally them. "70% of Americans vote this way. This is not hard," Marks asserts. "Of course, the State pretends that it would take rocket science to make this happen."

There is, to say the least, much at stake in this upcoming trial, even as it is not receiving nearly the amount of attention of the other election-related case underway in GA right now, the Fulton County criminal case against Trump and his co-defendants. On that, we have some news as well on today's program, including...

  • An attorney for defendant Misty Hampton, the former Coffee County Elections Director, claims he is the one who leaked video proffers of Powell, Hall, and Trump attorneys Ken Chesebro and Jenna Ellis to the media. But is he really?
  • Willis is seeking the jailing of co-defendant Harrison Floyd for attempted witness intimidation. He is among those indicted in the conspiracy for threatening Atlanta election workers Ruby Freeman and her daughter Shaye Moss over false claims that they carried out ballot fraud in 2020.
  • And Freeman and Moss are now seeking between $15 and $43 million from former NYC Mayor and Fulton County co-defendant Rudy Giuliani in their civil defamation trial against him in federal court. The Judge in that case has already found Giuliani liable. The D.C. trial set to begin in December against him will now determine how much he'll have to pay to the two women.

Finally, Desi Doyen joins us for our last Green News Report before our Thanksgiving break! We will be off --- from both The BradCast and GNR next week. So we send our best and thanks to everyone! We will return after the holiday...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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