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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: CNN columnist John D. Sutter | Also: Tar sands oil country on fire; NC violates U.S. law; Trump finds new way to offend Latinos...
By Brad Friedman on 5/5/2016 5:19pm PT  

Are Republican voters 'warming up' to the science of climate change? A new study suggests as much, as CNN columnist and environmental reporter John D. Sutter details on today's BradCast. [See link to audio of today's show at end of article.]

That news comes not a moment too soon, as record high temps in Alberta, Canada's tar sands oil region (ironically enough) sets the town of Fort McMurray on fire and sends some 80,000 residents scrambling for their lives amidst "apocalyptic" devastation. But are the attitudes of GOP voters on the planet's climate crisis changing quickly enough to prevent the worst effects of global warming, even as the Republican Party's apparent standard-bearer this year, Donald Trump, regards the science as little more than a massive "hoax"?

"I think there's a lot less division on this issue than gets made out in the media," Sutter tells me on today's show. "The skeptical voices, especially on the conservative side, are often heard the loudest. They come through the loudest on blogs. They have big media platforms and they get attention. But I don't think that's representative of what the actual American public thinks, and what the voters think. I do think there's a lot more room for agreement on climate change between conservatives and liberals than is often made out in the media."

In fact, as Sutter notes in his column on the new survey from the Yale and George Mason University's programs on on Climate Change Communication, "The percentage of conservative Republicans (not just Republicans but conservative Republicans) who believes climate change is happening has jumped 19 percentage points in the last two years, to 47%." He goes on to explain why that movement seems to be occurring now and to offer his explanation for the apparent contradiction between a huge majority of GOPers who support research into clean, renewable energy, even as so many of them remain climate crisis deniers.

"I think there's a disconnect between what people believe out there in reality and what politicians are willing to say. Because for them to propose regulating carbon dioxide as a pollutant, for example, they'd have to go up against some pretty monied special interests," he says. "There's a difference between real people and what politicians are willing to take up."

We also discuss Sutter's very encouraging recent reporting on the upcoming Washington state Initiative-732, which would put a price on carbon emissions --- "this often gets called the 'Holy Grail' of climate change policies," he says --- so that polluters will no longer be allowed to pollute for free. Just over the border in British Columbia, where a carbon tax was implemented in 2008, he explains, "the sky didn't fall" as predicted by fossil fuel industry opponents. In fact, "their economy has actually been out-pacing the rest of Canada" and "the level of support for the carbon tax has grown over time."

While Sutter's reporting on these issues at the CNN website is fantastic, I felt I still needed to ask him about the dearth of climate reporting on CNN's airwaves where, as a study last month found, viewers "see far more fossil fuel advertising than climate change reporting."

Also on today's BradCast: The U.S. Dept. of Justice notifies of North Carolina that their new law to discriminate against the LGBT community is a violation of the federal Civil Rights Act and may cost the state more than $2 billion in federal education funding; and Donald Trump, who will desperately need Hispanic voters if he hopes to win the Presidency this November, offers a remarkably offensive tweet on Cinco De Mayo. Because, of course he does.

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: GOP operative turned gay rights activist Fred Karger
By Brad Friedman on 4/26/2016 5:20pm PT  

Today on The BradCast, as voters head to the polls in MD, CT, RI, DE and PA (where there are already reports of problems on the state's 100% unverifiable touch-screen voting systems), some voters are petitioning NY for a partial hand-count of the paper ballots from last week's troubled Presidential Primary in the state. Meanwhile, blowback continues in NC against the state Republicans' pro-discrimination and anti-voting rights laws. [Audio link for the show is at bottom of article.]

The election season grinds on, with more lawsuits, legal investigations and challenges then I ever recall seeing at this point in the cycle. In New York, where last week's Presidential Primary was plagued with problems such as questionable voter purges, closed polling places and failed optical-scan computer tabulation systems, Election Justice USA, which filed a suit against NY the day before the DNC (and Clinton and Sanders campaigns) did so, is now calling for a partial hand-count of paper ballots across the state.

The group's petition cites those problems and others for the lack of confidence that many voters now have in the results as reported by NY's paper-ballot optical-scan computer tabulators which have failed in the past, as the NY Daily News found in 2012, to count an enormous percentage of ballots in some precincts. Their petition also includes a video clip from an award-winning 2008 documentary film, HOLLER BACK - [not] VOTING IN AN AMERICAN TOWN, in which I appeared discussing the reasons for hand-counting paper ballots, rather than merely trusting in oft-failed, easily hacked computer tabulators. (But its an excellent film anyway!)

I explain all of the above today, as well as why Bernie Sanders supporters are both overstating their current argument of "fraud" in the NY election, even as the lack of transparency in the state's electronic counting system leaves voters with every reason to have uncertainty in the computer-tallied results. (In somewhat related news, also discussed today, hand-counts in DuPage County, IL recently resulted in three different write-in candidates, 2 Republicans and 1 Democrat, being found to have won their races after originally being announced "losers" following last month's primary elections there.)

Also today, before moving on to our interview, a federal judge has upheld NC's massive voter restriction law which mandates Photo ID voting restrictions, bans same-day registration, restricts early voting and registration and much more. I've previously described that law, enacted by state Republicans just days after the U.S. Supreme Court gutted the Voting Rights Act, as "the most extreme anti-voter bill passed by any state since the Jim Crow Era." Opponents of the law, including the NAACP, ACLU and U.S. Dept. of Justice, have now appealed the District Court's 485-page ruling which argues that "there is little official discrimination" in NC anymore.

That ruling, by a George W. Bush appointed judge, is difficult to square with the state's GOP nominee for Attorney General, who told a crowd at a rally in support of NC's controversial anti-LGBT law yesterday that "we must fight to keep our state straight."

Joining us today to discuss that "deeply unpopular" law and others like it --- as well as massive blowback it has engendered for the state --- is gay rights activist, Fred Karger, a former GOP operative, campaign official for Presidents Reagan and Ford, and the first openly gay Presidential candidate. (His run for the 2012 Republican nomination is the subject of the documentary film FRED.)

On the heels of his successful campaign against CA's Prop 8, the Mormon Church and the National Organization for Marriage, Karger recently described at Huffington Post how boycotts can work against such measures. We discuss that, the continuing disintegration of his formerly Grand Old Party, and his thoughts on the reasons for the sudden spate of discriminatory laws, mostly in the South.

"I think it's because they're sore losers," he tells me. "It's not even been a year since the Supreme Court allowed marriage equality to be the law of the land in all fifty states. So we're seeing tens of thousands of very happy same-sex couples getting married. And there's a backlash because there are a lot of people very unhappy about that." He goes on to explain why GOP politicians, "when they're running for re-election or moving up for another post," see the gay and transgender community as "an easy target".

Finally today, we close today with a fascinating and previously unknown fact about the dearly departed Prince...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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GUEST: Author, energy analyst, Quartz correspondent Steve LeVine
ALSO: Paul Ryan 'will not' run; And more news from 'Discrimination Nation'....
By Brad Friedman on 4/12/2016 5:06pm PT  

Today on The BradCast, we take a brief if blessed break from 2016 Presidential politics madness (mostly) to look at what could be a moment, last week, when everything changed, though few may have actually noticed.

But first, Republican U.S. House Paul Ryan absolutely, positively, definitely (maybe) says he will not run for President and we have a number of updates from 'Discrimination Nation' where Republicans just can't seem to get it through their thick skulls that the "free market" really doesn't like that they continue to pass discriminatory, anti-LGBT laws. North Carolina's Governor is now scrambling to make changes (sort of) to his state's new pro-discrimination law, even as Tennessee is enacting their own, which arguably goes even further.

Then, Steve LeVine, energy analyst, Washington correspondent for Quartz and author of The Powerhouse: Inside the Invention of a Battery to Save the World, joins us to discuss what may well be the "iPhone Moment" --- or, "Nokiafication", if you prefer --- of the auto industry, in the wake of the introduction of Tesla's Model 3 last week and the thousands around the world who lined up overnight to purchase it before they had even seen it.

While LeVine reports that other automakers are still downplaying what just happened, the unprecedented pre-sales of this new, all-electric car (which will offer more than 200 miles on a single charge and won't even be available until late 2017 at the earliest), suggests this may be a moment akin to when Nokia, once a cellphone goliath, suddenly disintegrated, virtually overnight, after the introduction of Apple's iPhone. By "getting people lined around the block and 115,000 orders sight unseen --- and then, once people saw the car, another 200,000 orders," Tesla founder and CEO Elon Musk "demonstrated there is a very sizable group of people in the world who are prepared to pay $35,000 for an electric car. This was notice to the whole industry that the incumbent car companies who, themselves, even now, are sitting on the sidelines waiting to see whether Musk will pull this off --- they could end up like Nokia."

"Hello! 325,000 orders!," LeVine observes, adding "there's going to be blood on the floor" for those companies that don't take quick action to respond to a market inflection point that may now finally be occurring. He also explains, however, that Musk could still blow it, before we then move to the "momentous geo-political shift" that will soon occur with the proliferation of battery-powered vehicles and a world beyond petro-dollars.

"Oil has made the world go around now, literally, for 150 years...But, hang on to your hats!," he warns. Countries whose influence is built on oil could see "their whole economic and power structure pulled out right from under them. It's going to be fascinating to watch."

Finally, in a brief return to 'Discrimination Nation', we close with President Obama's designation today of the nation's newest national monument honoring women's suffrage and 'Equal Pay Day'.

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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GUESTS: TYT's Jordan Chariton, Sputnik's Cassandra Fairbanks in D.C.
PLUS: Results, concerns from weekend's WY Dem caucuses, CO GOP convention...
By Brad Friedman on 4/11/2016 6:03pm PT  

On today's BradCast, hundreds of demonstrators were arrested today at the nation's Capitol during a peaceful sit-in protest demand reforms to the U.S. electoral system. Also today, we cover a number of other breaking news items and the weekend's Presidential nominating events, including results and concerns about the Democratic caucuses in WY and the Republican delegate convention in CO. [Audio link to show is below.]

First up, we check in with The Young Turks' reporter Jordan Chariton and Sputnik News' Cassandra Fairbanks outside the U.S. Capitol, just moments after some 400 "Democracy Spring" demonstrators, including our old friend Cenk Uygur of The Young Turks, were arrested while calling for a number of small "d" democratic reforms. Amongst the protestors' demands: Overturning the Supreme Court's infamous 2010 Citizens United ruling unleashing massive corporate spending in elections; modernization of America's ridiculous voter registration system; the creation of a public campaign financing system; and the restoration of the Voting Rights Act provision gutted in 2013 by SCOTUS. Protesters vow to continue demonstrations all week in D.C.

Then, breaking news on Goldman-Sachs' settlement with the U.S. Dept. of Justice for their part in the mortgage crisis that led to the global financial crisis in 2008 (spoiler: nobody goes to jail, though those sitting down to demonstrate for democracy in D.C. did); Another rock star cancels a concert in another GOP state that just approved discrimination against the LGBT community; and then we cover the results of the controversial Democratic caucuses held over the weekend in Wyoming and the GOP delegate convention in Colorado.

Our coverage of the weekend's nominating contests also includes a look at concerns from Sanders supporters about the WY results and from Trump supporters about the results almost everywhere. And finally, here's that amazing Boston Globe "President Trump" front page [PDF] they published for April 2017 over the weekend and their full description of it...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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By Brad Friedman on 4/8/2016 4:44pm PT  

On today's BradCast, we catch up on a lot of news, polls, twists and turns --- most of which underscore, yet again, why elections and representative democracy matter...no matter what the corporate "news" media tries to tell ya.

Among the stories covered on today's thrilling episode!...

  • New polls find, once again, that Bernie Sanders leads Hillary Clinton in match-ups against all potential Republican opponents (and even among Democrats nationally); Also, that the front-runners in each party are remarkably unpopular within their own parties.
  • Bruce Springsteen cancels a North Carolina concert Sunday due to the state Republicans' new pro-discrimination law;
  • The GOP in Nebraska is attempting to 'swipe' a potential electoral college vote from Democrats;
  • San Francisco (where the economy is booming, as it is elsewhere here in California, now under Democratic control), becomes the first U.S. city to mandate paid parental leave;
  • More clear evidence that thinking big about policies and progressive ideas pays off when the people bother to fight for them and turn out to vote (when they are allowed to vote, anyway), rather than turn cynical and stay home.

All of that and much much more on today's program, including new evidence that the Keystone pipeline leak in South Dakota is far worse than originally reported by TransCanada, the company which owns it, and Desi Doyen joins us with the latest Green News Report which also includes some very encouraging news today...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guests: Zack Ford of Think Progress; Journalist Gaius Publius; Hashtag originator Leslie Lee
Guest Hosted by Nicole Sandler...
By Nicole Sandler on 3/28/2016 3:03pm PT  

On today's BradCast, guest host Nicole Sandler of Radio or Not takes a short break from the elections to see how North Carolina became the most anti-LGBT state in less than one day, with Zack Ford of Think Progress.

Then, it was back to the campaign madness and a battle of the delegates and hashtags. Gaius Publius checks in with the actual, accurate Democratic delegate counts, and a realistic assessment of the race moving forward.

And it’s Hashtag Wars, as Nicole tracks down Leslie Lee, @tokyovampires, who started the hashtag #BernieMadeMeWhite after the mischaracterization of Saturday’s caucus states. And a hashtag started trending while we were recording today’s show, #HillaryToneDeaf.

Is it November yet?

Download MP3 or listen online below...

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Guests: David Dayen of The Intercept and Travis Gettys of Raw Story
Guest Hosted by Nicole Sandler...
By Nicole Sandler on 9/3/2015 3:45pm PT  

On today's BradCast, guest hosted by Nicole Sandler.

Today, Nicole speaks with David Dayen about his latest for The Intercept "Hillary Clinton Just Picked Sides With the Democrats’ Warren Wing Against the Rubin Wing" because it came as such a surprise!

Also today, Kim Davis - the KY County Clerk who refused to issue marriage licenses - was found in contempt and sent to jail until she's ready to do her job! Travis Gettys of Raw Story explains what happened.

Download MP3 or listen online below...

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Guest: Mike Rogers of Raw Story...
By Brad Friedman on 6/26/2015 4:13pm PT  

Today's landmark SCOTUS ruling on marriage equality was an extraordinary end to an extraordinary week. So, that what I was more than happy to cover on today's BradCast.

Rights win again, as the U.S. Supreme Court finally declares marriage equality to be a fundamental right to Americans in all 50 states in the union. We discuss the 5-4 opinion in Obergefell v. Hodges, its Constitutional basis, its fallout, its dead enders, and how we predicted it years ago --- even as the GOP was using "gay marriage" as a politicized weapon back in the 2004 elections.

Our guest is Raw Story's Mike Rogers, who, as a journalist, has been helping to lead the way in this fight for years and served as the inspiration behind Kirby Dick's 2009 documentary film, Outrage, "a searing expose of the secret lives of closeted gay politicians".

Rogers credits the Internet and the first-hand coverage of cases that it allowed, for shifting American opinion so quickly on the issue. It "gave us the opportunity to do the most important thing, which is to tell the stories in our own voices," he explains. "America hearing from those folks, and being able to more creatively use the media and the web --- to be able to move those stories of people with kids, people with spouses, people who were widowed like Jim Obergefell in his case, and what it will mean for him and his family now that his marriage is recognized in Ohio --- that happened because of a shifting change in the media. Change doesn't happen without that."

Mike has also been a long-time friend of the blog and the show, having joined us for our "Big Gay Hour" episodes years before such things were done in polite company over our nation's public airwaves. Plus: Desi Doyen joins us for the latest Green News Report, to take us into the weekend. Enjoy the show!

Download MP3 or listen online below...

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'Rephrased' questions to be heard by Court may not result in as definitive ruling as hoped, expected...
By Brad Friedman on 1/20/2015 6:35am PT  

UC Irvine law professor Rick Hasen was among the first to notice the "strange rephrasing" of the questions the U.S. Supreme Court agreed to hear [PDF] when it combined four different marriage equality challenges on Friday.

The questions from the different appellate court challenges that the Court agreed to entertain --- after the 6th Circuit broke with every other federal appeals court in the nation and allowed restrictions to remain on marriage rights in Michigan, Kentucky, Ohio and Tennessee --- were combined to just two questions on which the Supremes agreed to hear arguments:

1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex?

2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state?

Hasen described the way the first question was written as "quite odd", explaining: "Rather than ask about an equal right of gays and lesbians to marry same sex partners, it asks about the right of the states to deny same sex marriage."

Indeed, amid the jubilation following the narrow 2010 ruling by SCOTUS in the Windsor case, which effectively struck down the federal Defense of Marriage Act (DOMA), The BRAD BLOG's legal analyst Ernest Canning pointed out that "by limiting its decision...the court left open to future adjudication of two vitally important questions":

1. Do same-sex couples have a constitutional right to marry in states which have not formally recognized the right to do so?

2. Must states, which do not permit same-sex couples to marry, recognize the marital rights of those same-sex couples who have chosen to marry in other states where it is permitted?

Note the difference in the wording of Canning's "unresolved questions" from 2010 and how the Court has subtly adjusted the issue raised in the first question to become one of state's rights, rather than of equal justice under the law for the same-sex couples to be married there.

Hasen observes that the Court's new wording also "leaves open the possibility that states could get out of the marriage business entirely," as unlikely as they may seem. Other legal experts, such as Ilya Shapiro at Forbes, agreed the re-wording of questions by the Court was "unusual". "Typically the justices simply decide whether to take a case based on the petitioners' articulation," he explained.

Hasen says the unusual reframing by the Court and the late hour in the day on Friday that their order was finally released, "raises the question of why were they rewritten" in the way they were, and "with an accompanying direct order --- I've not seen that before --admonishing the parties to stick with discussing these questions presented."

So, is something afoot here?...

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Municipal election officials see no problems despite unexplained ballot shortages, broken op-scan seals and a 25-point swing that 'defeats' an LGBT anti-discrimination ballot measure...
By Brad Friedman on 4/17/2012 7:05am PT  

I know I shouldn't be, but I'm still amazed at the absolute cluelessness of far too many election officials. Yes, some of them are great, know exactly what they're talking about, and realize that the electronic voting systems we use in this nation --- every single one of them --- are complete garbage.

Last month, we reported on a recent Palm Beach County, FL, election in which the paper-ballot optical-scan system declared several losing candidates as the "winners." Thanks to the diligence the Supervisor of Elections Susan Bucher --- who told me when we spoke, "I don't want you to have to trust your election officials. I think your election officials have to prove it." --- the software failure on the Sequoia Voting Systems tabulator was discovered and the correct winners of the election were ultimately discovered via a 100% hand-count instead, weeks after the election.

Also last month, we highlighted two great election officials in Columbia County, NY where both the Democratic and Republican Election Commissioners are smart enough to refuse to rely on the electronic optical-scanners made by Dominion Voting that were forced on them by the state. They choose, instead, to count 100% of their paper ballots by hand.

"Since I, as election commissioner, have to certify to the accuracy of any election run under my watch, that steers me in the direction of a more elemental process --- a hand count under the watchful gaze of individuals who are invested in its accuracy," Democratic Commissioner Virginia Martin wrote in her must-read 2010 op-ed, explaining her refusal to rely on computer tabulated elections. The Republican Commissioner, Jason Nastke, agrees with his counterpart. "The most accurate and reliable method is a 100% visual audit," he told The Columbia Paper, "The machines are not completely reliable."

Late last year The BRAD BLOG reported in detail on the Interim Board of Elections (two Republicans, one Democrat) in Venango County, PA, who bucked their own County Commissioners and legal threats from ES&S, the nation's largest e-voting company, to have their 100% unverifiable touch-screen systems independently investigated after failures in several recent elections. The forensic study found the central tabulator had been "remotely accessed" by someone on "multiple occasions," including for 80 minutes on the night before the 2010 general election. As thanks, the commissioners were pushed out of their jobs before the investigation was completed. Asked why the County Commissioners and ES&S were so opposed to an independent forensic analysis by two Carnegie-Mellon computer scientists, the Republican Director of the Board, Craig Adams told me: "They know there's something wrong."

Those are just a few of the many great election officials I've had the pleasure of reporting on over the years, and the voters of their respective counties are very lucky to be served by them.

And then there are the election officials of Anchorage, Alaska, where, on April 3rd, there was another disastrous election, held on Diebold op-scan systems, in a state becoming known for its disastrous elections.

"Those are amazing machines - utterly amazing," Anchorage Election Commissioner Gwen Mathew told members of the Anchorage Assembly last Friday night during a working session as they tried to unravel the latest disaster.

"It is impossible for them to go haywire," she misinformed the law makers. "They are highly accurate. I think that I could almost say that they're totally accurate. I've never found a discrepancy."

"You can get as 'conspiracy theory' as you want," Anchorage's Deputy Municipal Clerk Jacqueline Duke said when I asked her about some of the many reported concerns about the validity of the election in Alaska on Monday. She seemed to have even more faith in the infallibility of the machines than Mathew...

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By Brad Friedman on 4/7/2011 2:10pm PT  

[Hat-tip Andrew Sullivan...]

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Federal Judge Finds Act Violates First Amendment Rights of U.S. Service Members...
By Ernest A. Canning on 9/10/2010 10:03am PT  

Guest blogged by Ernest A. Canning

In her Sept. 9 decision [PDF] in Log Cabin Republicans vs. United States, U.S. District Court Judge Virginia A. Phillips, a 1995 Clinton appointee, determined that "Don't Ask, Don't Tell" (D.A.D.T) is unconstitutional as it violates First Amendment rights even within the more restrictive confines of military speech.

The court rejected the government's argument that Log Cabin Republicans lacked standing to initiate the action, noting that at least one member of the group, John Nicholson, was discharged from the armed forces because of "Don’t Ask, Don’t Tell.” It expressly found that D.A.D.T "does not significantly further the government’s interest in military readiness or unit cohesion," and directed plaintiff's counsel to prepare a "Proposed Judgment, including a Permanent Injunction" by no later than Sept. 16.

Whether the Eric Holder Justice Department will appeal, despite President Obama's pledge to seek a repeal of D.A.D.T., is an open question...

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Former Wall Streeter seeks votes by attacking Attorney General Brown's refusal To appeal Judge Walker's ruling
Oath of office not designed to blindly follow whim of 'perceived' majority but to support and defend the constitution...
By Ernest A. Canning on 8/26/2010 11:06am PT  

Guest blogged by Ernest A. Canning

In Meg Whitman, Wall Street, 'Billionaire Sociopaths' and the Media 'Substance Deficit' I reported:

Californians have been drawn within the cross-hairs of a propaganda blitz bought and paid for by Meg Whitman, the billionaire former CEO of eBay, who, since declaring her intent to run for governor in February, 2009, has already contributed $59 million of her own money to her "campaign" --- a one-sided political phenomenon which has seen a stealth candidate, with disturbing connections to Goldman Sachs, soar to the top of the polls because the electoral process has been emasculated by the absence of mandatory debates and meaningful investigative journalism.

Apparently Whitman now feels that campaigning exclusively by way of paid-for propaganda (political ads) will not be enough to evade scrutiny of her economic "plan" to "rescue" California's economy (a rehash of Bush tax cuts for wealthy people and business, the elimination of climate change regulations and imposition of further draconian spending cuts to a state government already operating on life support --- a plan which a group of economists, including Stanford University's Kenneth Arrow, a Nobel laureate, have derided as policies which would "deepen California's budget crisis and are likely to reduce employment and economic growth").

Whitman has now pandered to what she may mistakenly believe was a majority of Californians who voted against marriage equality in passing Proposition 8...

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9th Circuit panel stays District Court ruling, pending appeal, determination of standing...
By Ernest A. Canning on 8/16/2010 4:56pm PT  

Guest blogged by Ernest A. Canning

Proponents of equality for all will have to wait a bit longer --- again --- before seeing marriage equality return to the Golden State.

A three judge panel of the U.S. 9th Circuit Court of Appeal has issued an order [PDF] granting a motion to stay the Aug. 4, 2010 decision by a U.S. District Judge which had found California's ban on same-sex marriage to be unconstitutional. Judge Vaughn Walker's ruling would have allowed marriage equality to resume as of Wednesday, but that is now on hold pending appeal by proponents of the constitutional amendment put into law by Proposition 8 in November of 2008.

The 9th Circuit panel, on its own motion, expedited both briefing and a hearing on the appeal, which will be scheduled for the week of December 6. The stay essentially means that California officials could not sanction new same-sex marriages until either a decision is rendered on the appeal or the panel lifts the stay.

* * *

Addendum In my haste to report on this breaking story, I neglected to include the following statement from the 9th Circuit decision...

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By Brad Friedman on 8/14/2010 11:20am PT  

A number of noteworthy news items occurred yesterday while I was on the hot, hot, hot Midwestern road for the entirety of the day. These are several among those items...

Greene Indicted on Obscenity Charges

South Carolina's mystery Democratic nominee for the U.S. Senate (the one whose election "victory" is only explicable through malfeasance or malfunction of the 100% unverifiable ES&S iVotronic touch-screen voting systems) was indicted on obsenity charges yesterday. One of the charges was an "extremely rare" felony count. The state Democratic Party chairwoman, Carol Fowler --- the one who presided over the 5-hour Executive Board protest hearing by Greene's primary opponent Judge Vic Rawl who argued that voting machine failure was the only explanation for the unknown, jobless, money-less, campaign-less Greene having "won" --- has asked him, again, to voluntarily step down from the nomination. When asked if he'd be willing to accept the nomination if Greene steps down, Rawl has told The BRAD BLOG previously that he'd cross that bridge when/if he came to it.

Appelate Court Backs Congressional Defunding of ACORN

A 3-judge panel (two Rs, 1 D) on the 2nd District Court of Appeals has unanimously reversed [PDF] the ruling of a federal district court judge last March concerning the Congressional defunding of ACORN in light of deceptively-edited video tapes published by Rightwing propagandists Andrew Breitbart and James O'Keefe. The appellate court determined that Congress can target a specific group for punishment, despite what the district court judge had identified as an unconstitutional Bill of Attainder in light of the government having "offered no...unique reason to treat ACORN differently from other contractors accused of serious misconduct." U.S. District Court Judge Nina Gershon had previously granted injunctive relief to the four-decade old community organization after finding they were barred "from federal funding without either a judicial trial or an administrative process applicable to all government contractors." The 3-judge appellate panel disagreed. ACORN's legal representation has called the decision "deeply flawed," says they are planning to ask the full court for reconsideration, and added "We cannot let Congress act like judge, jury and executioner without any hearings at all."

O'Keefe Accidentally Admits to Being Immoral

And speaking of ACORN, the Rightwing dirty trickster and federal criminal James O'Keefe who hacked together secretly-taped videos in order to phony up the idea that the anit-poverty, pro-democracy community group was committing some sort of crimes, has, according to Think Progress, admitted during a recent speech that what he does is "the nadir of morality." ("Nadir" means "lowest point", versus "zenith" which means "highest".) No worries though. O'Keefe's employer, the discredited, pathological liar Andrew Breitbart, has plans to deceptively re-edit the video of O'Keefe in order to "fix" that little Freudian slip.

Stephanie Comes Out!

Finally, the most fun news of the day comes from progressive radio talker and friend of The BRAD BLOG, Stephanie Miller. During a moving program yesterday, Miller announced to listeners that she was gay, noting that it's been an "open secret" among close friends and family for years, but that a "perfect storm" of events (the recent federal court ruling that CA's Prop 8 ban on same-sex marriage was unconstitutional and the fight to repeal the federal "Don't Ask, Don't Tell" policy in the military, etc.) led her to the belief that it was the right moment to come out to her listeners and the public. The BRAD BLOG sends our props and kudos to Stephanie for her courageous decision. The audio of her "coming out" segment, follows below...

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