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Latest Featured Reports | Saturday, December 7, 2024
Fox 'News' and GOP Get Their Hateful War on Trans Kids at SCOTUS: 'BradCast' 12/5/24
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GOP Voter Registration Fraud Scandal 2012...
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The Secret Koch Brothers Tapes...


Convicted election fraudster D'Souza makes a pretend documentary on 2020 election fraud; Also: Actual white GOP voter fraud criminal gets no jail time for voting twice; Plus callers!...
By Brad Friedman on 5/9/2022 6:14pm PT  

On today's BradCast: The lengths Donald Trump's supporters will go to to justify his sore loser attempt to steal the 2020 Presidential election is amazing. Now they've got a pretend documentary in hundreds of actual movie theaters which turns out to prove nothing. All of it, naturally, is nonsense. We explain why today. [Audio link to full show follows this summary below.]

Folks on the right were celebrating on social media over the weekend in the wake of the release of a film named (somewhat offensively) 2000 Mules. It was somehow released into more than 250 theaters across the nation last week. The film was made by Rightwing activist Dinesh D'Souza, who pleaded guilty to federal election fraud crimes back in 2014 --- before being pardoned for them by Trump in 2018. That's the guy who has now made a "documentary" claiming millions of votes were stuffed into absentee ballot drop-boxes in swing states to steal the election for Joe Biden in2020. Sounds legit.

The claim is made along with fellow GOP "voter fraud" fraudsters from a long-discredited Texas group named True the Vote. Apparently, the group paid millions to obtain publicly available, anonymized cell phone geolocation data that purportedly shows where cell phones were from October 1 through Election Day in 2020. Using that data, TTV claims in the film that thousands of so-called ballot "mules" were being paid by unnamed non-profit organizations (why didn't they name them?) to collect illegal ballots for Joe Biden and deliver them into ballot drop boxes in Arizona, Georgia, Michigan, Pennsylvania and Wisconsin.

If all of this sounds absurd, it's because it is. The data can't actually be tied to any voter --- and is only accurate to about 100 feet, according to experts --- meaning that anytime someone drove past a drop box, or walked passed it (the drop-boxes are often placed in high traffic areas) on their way to and from work or something, they are a "mule" for stuffing ballot boxes for Joe Biden! Sorry about that delivery guys and mail men and election workers and students who just happen to walk or drive by each day on their way to classes! You're all now "mules" for Biden!

Who paid all of these "mules"? And how did this conspiracy involving tens of thousands of people stay so quiet without any participants blowing the whistle? And what actual, ya know, evidence do D'Souza and True the Vote have that crimes were actually committed here? Well, that's where it gets a bit dicier. And, by dicier, I mean made up out of whole cloth with no actual proof of anything whatsoever. But they have video of people dropping ballots into those drop-boxes! (Which, of course, is perfectly legal. In most states, folks can delivery ballots of family members and disabled voters, etc. Perhaps that's why the filmmakers thought it wise to blur out the faces of those voters?) There seems to be no actual proof of crimes here, including who supposedly paid these people (or even that anybody was paid at all!)

Still, it was enough to cause easily-duped Rightwingers to become very excited about over the weekend, as the #2000Mules hashtag trended on social media. So today, we debunk the nonsense in some detail with an assist from AP, who finds "gaping holes" in the film's claims, and from Greg Palast, who explains the "belly laughs" provided by the film's "proof" of fraud.

"D’Souza’s charge is mind-blowing. He claims that there are as many 54,000 mules that were organized and paid in at least five big cities. In Fulton County (Atlanta), he tells us 92,670 ballots were stuffed illegally into drop boxes," Palast reports. "That’s astonishing --- because there were only 79,000 ballots cast in drop boxes in Fulton County!"

"And in Detroit, it was worse," he adds. "'Mules' stuffed 226,590 ballots into Detroit area drop boxes --- way more than the total number of all mail-in ballots --- about three times the number of ballots in drop boxes."

Of course, none of these facts kept Trump from holding a fancy premiere screening at his Mar-a-Lago club in Florida and declaring the pretend documentary exposed "great election fraud"! It's all so ridiculously silly, that we'd rather ignore it. But since it's in 270 theaters, brought in a million bucks on its first day, and has a bunch of duped wingnuts declaring they finally have "evidence" that the election was stolen in 2020...it seemed a good idea to help you understand this latest con so you can explain it to your duped friends, families, neighbors and co-workers in turn when they shout "2000 Mules!" at you in the days ahead.

As to actual election fraud (not unlike the type that the filmmaker D'Souza admitted to committing), last week a women in Arizona was sentenced on voter fraud charges after being convicted by the state's Republican Attorney General. She cast two ballots in 2020, one for herself and another for her dead mother. They were both Republicans. And when interviewed by investigators she claimed she didn't do it, but was certain that massive voter fraud was definitely going on and that the criminals who do it should be locked up!

Well, the nice white Republican voter fraudster woman was found guilty and, despite the prosecutors asking for at least 30 days in jail, the judge let the woman, 64-year old, Tracey Kay McKee --- who knew she was violating the law and then lied to officials about it --- off the hook with probation, some fines and community service.

Compare her case to Crystal Mason's --- a black mother of three in Texas --- who had the book thrown at her last year. She was on federally supervised release from jail and was never told she couldn't vote while on release. When she went to her precinct to vote, she was told she was no longer on the rolls. A helpful poll worker directed her to fill out a provisional ballot, which she did. The ballot was never tallied, but Mason was subsequently sentenced to five years in prison last year for attempting to vote while on supervised release when she believed she could do so legally. That'll teach her to be black and to try to vote in this country!

We've got some time for a few quick calls at the end of today's show too. Enjoy!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: More record job growth under Biden; More lousy media coverage of it; Huge majorities want climate change action, clean energy...
By Brad Friedman on 4/14/2022 7:12pm PT  

On today's BradCast: Guilty pleas for voter fraud in a Trump stronghold in Florida. The Colorado state GOP endorses a federally-indicted election tamperer for Sec. of State. Trump's Chief of Staff is removed from the voter rolls amid a state probe into his own apparent voter fraud after he tried to steal the 2020 Presidential election. And yet the fraudulent GOP 'voter fraud' industry continues raking in the cash and making it harder for certain people to vote by pretending that Democrats are committing massive voter fraud. Quite a racket. [Audio link to full show is posted below.]

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

  • Perhaps you haven't heard, but new weekly jobless claims haven't been this low since 1968, with companies increasing wages to hang on to their employees. Sounds terrible. No wonder Biden's approval ratings are so low. (Of course, in addition to downplaying such stories or not covering them at all, some in the corporate media have turned this great news for American workers into terrible news for businesses, focusing on "labor shortage" and "high costs" of maintaining workers.)
  • New polling from Gallup finds Americans overwhelmingly support Biden's proposals to tackle climate change and move the nation to clean renewable energy. Huge --- and I mean huge-- majorities support stuff like tax credits for Americans to install solar power at home; incentives for businesses to move to renewable energy; increasing mileage standards on cars and trucks; major investments in electric vehicle charging infrastructure. Most of those wildly popular ideas (all mercifully attacked by the America haters at Fox "News") were in the Biden/Democrat Build Back Better bill, which every Senate Republican plus the corrupt Joe Manchin helped to kill last year.
  • Then there's the never-ending GOP "voter fraud" industrial complex which is having another terrific year! Brain-poisoned suckers, terrified about non-existent massive voter fraud by Democrats, continue to send their money and votes to the scammers who are actually committing the fraud while making it harder for certain Americans to vote at all.

    In Florida, a bunch of old, white Republican retirees in The Villages have been indicted for and/or pleaded guilty this week to double voting in the Trump stronghold. Because they're white and Republican, they're getting off with slaps on the wrist. (Contrast that with folks like Crystal Mason, a black woman from Texas who didn't know she wasn't allowed to vote after being released from jail before casting a provisional ballot at the direction of a poll worker. Her vote was never counted --- unlike the double voters in FL --- but she's been sentenced to five years in prison. The Trump/DeSantis voters who pleaded guilty for voting in two different states in 2020, are getting off with no jail time at all.)

    In Colorado, the state Republican Party held its big confab over the weekend. They endorsed a candidate for U.S. Senate who told them this week that Trump won in 2020, while comparing the election to what "we felt after 9/11". But the CO GOPers really went all in for Tina Peters, the Clerk of Mesa County who snuck into a secure storage area in the middle of the night last year along with accomplices with fake IDs, turned off the security cameras and made unlawful copies of sensitive voting system software before releasing it to the public over the Internet. She's now been charged with a 10-count federal indictment for her election tampering. But the CO Republican delegates over the weekend rewarded her with an overwhelming majority endorsement to become the state's chief election official in her bid to become CO's next Secretary of State. Don't worry. If Peters wins, the state Republicans' choice for Governor told the crowd this weekend that he'd pardon her. (Cuz, Rule of Law, Law and Order and all that. Also: unclear if he knows Governors can't pardon federal felons.)

    And, just to top off the madcap fraudulent fun, Mark Meadows --- Donald Trump's Chief of Staff who tried to help him steal the 2020 Presidential election --- has now been removed from the voting rolls in North Carolina, where the former Congressman and "election integrity" warrior appears to have been unlawfully registered. In a mobile home where he never spent a night and may have never even visited. Even as he was registered to vote --- and voting --- in Virginia. (Add him to a long list of high-profile GOP voter fraud fraudsters we've covered over the years, including Ann Coulter, Mitt Romney, Newt Gingrich and MANY more!)

  • Finally, Desi Doyen joins us for our latest Green News Report with news of climate change-fueled, catastrophic rains and deadly flooding which killed hundreds in South Africa this week; new science finding that our climate crisis is supercharging hurricane rainfall; and some brighter news on wind energy which hit a remarkable new milestone last week! (Don't tell Trump! He's still pretending that windmills cause cancer!)

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guests: Susan Greenhalgh of Free Speech for People; Ian Patton of Long Beach Reform Coalition; Also: Atrocities in Ukraine, in the U.S. and why protecting democracy remains more important than ever...
By Brad Friedman on 4/4/2022 6:59pm PT  

We all woke up to atrocities on Sunday. In Ukraine and in Sacramento, California. Russian war crimes in Europe and another mass shooting in the U.S. On today's BradCast, we detail the atrocities in both places before turning to the fight for the only thing that still has a chance of stopping them: democracy. But we can't have democracy without voting systems the public can oversee, and that remains a huge problem, even in our own home county of Los Angeles. [Audio link to full show is posted below this summary.]

First up, some of the newly revealed, gruesome details and evidence of war crimes allegedly committed by fleeing Russian troops against Ukrainian civilians in newly liberated towns, villages and suburbs outside of Kyiv. Despite being witnessed by independent journalists and catalogued by outside watchdogs like Human Rights Watch, which describes some of the crimes as "unspeakable, deliberate cruelty and violence against Ukrainian citizens," including "rape, murder, and other violent acts," the Russian Government contends the charges are "fake" and little more than "stage-managed anti-Russian provocation." In response on Monday, President Biden reiterated his belief that Vladimir Putin is a "war criminal."

The gruesome body count in the U.S. also continued to mount over the weekend, as another mass shooting, this time in downtown Sacramento, left six dead and more than a dozen injured after "at least fifty rounds" were "fired right into the crowd" with high-powered weaponry during bustling Saturday night revelry, according to an eyewitness. That, just one day after Georgia's legislature passed a new law allowing concealed weapons to be carried pretty much anywhere without the need for a license. They are the 23rd state to do so. Our gun violence epidemic is getting worse, not better, as Republicans refuse to allow any action that might lessen America's shamefully continuing scourge.

But tyranny is not going to defeat itself. Not in Ukraine. Not in the U.S. To that end, we remain vigilant in our efforts to help the public try and oversee this year's critical mid-term elections. Unfortunately, problems with our un-overseeable and unverifiable voting systems continue into yet another election year in so-called "red" and "blue" states alike. While the GOP is actively undermining democracy with new voter suppression laws in "red" states, vulnerable electronic voting and tabulation systems remain a huge problem across the nation.

Back in 2020, Los Angeles County deployed a new, unverifiable touchscreen voting system called "Voting Solutions for All People" (or, VSAP) across the nation's most populous voting jurisdiction. Some ten years in development by the County's Registrar-Recorder/County Clerk Dean Logan, the new touchscreen Ballot Marking Devices (BMDs) failed spectacularly in that year's Super Tuesday Presidential Primary, leading to long lines and questions about the results. The VSAP system had been conditionally certified by the Secretary of State just weeks before their first county-wide use, after state testing discovered about 30 different violations of California Voting System Standards.

The County was required to correct the violations detailed in the Conditional Certification in the months following the election, though they failed to do so in many cases --- for years. Now, the County is seeking state certification of VSAP v3.0 but, according to our guests today, has still failed to correct a number of critical security issues that failed more than two years ago.

We're joined today to discuss these concerns in advance of California's June 7th mid-term primary elections by SUSAN GREENHALGH, Senior Advisor on Election Security at the non-profit Free Speech for People and by IAN PATTON of the Long Beach Reform Coalition (he is also now running for the Long Beach City Council). Both recently wrote a letter [PDF] to California Sec. of State Dr. Shirley Weber, detailing uncorrected security issues in the VSAP system and urging her to force L.A. County to fix them before issuing certification to the newly updated voting and counting system yet again.

We invited L.A. County's Registrar Dean Logan --- the VSAP system is his brainchild --- to join us as well, after his office recently described Greenhalgh's public testimony on her concerns about certification for VSAP 3.0 as "mis- and disinformation". In declining to join us today, Logan once again accused Greenhalgh and Patton of "mis-stating facts" and took a swipe at the election integrity advocates by smearing them as if they were part of Donald Trump's mob of conspiracists offering evidence-free claims of fraud since his loss in 2020. Logan charged the documented concerns detailed in Greenhalgh and Patton's memo to the Secretary "contributes to further the false narrative about elections integrity and transparency that is pervading the country."

For her part, Greenhalgh has been an expert in elections security, integrity and transparency for decades. Patton had represented the Long Beach Reform Coalition in a lawsuit against the VSAP systems long before Trump's 2020 sore loser act, when a ballot initiative in Long Beach failed by just 16 votes. After the Coalition raised tens of thousands of dollars to pay for a recount of that initiative, they were informed by Logan that the price would, in fact, be hundreds of thousands of dollars instead-- to count just a few thousand votes. The reason, as we reported at the time, is that the new VSAP system is deployed at Voting Centers across the County, which have replaced community precincts. That means that Long Beach voters may vote at any Voting Center in the County, where more than 4 million cast ballots in 2020. Logan attempted to charge the Coalition for the hours and hours it would have taken the county to cull through some 4 million ballots (computer-marked by VSAP and hand-marked by mail voters) in order to find the ones cast by Long Beach voters at any of the hundreds of Voting Centers in the County. Of course, this is just another problem with the Voting Center model, particularly in large counties like L.A. The ballot initiative that is said to have passed by 16 votes never did receive a hand recount to make sure the results were accurate.

Greenhalgh details the security vulnerabilities that remain in the VSAP system, despite state requirements that they be corrected by last year. She was also surprised to hear that Logan claimed in his email to us that "the VSAP 3.0 upgrade is over and it has been approved by the Secretary of State."

"I'm disappointed that the Secretary is not taking further action to enforce these requirements, to really require LA County to meet them," she tells us. "Also it hasn't been updated on the website, that it's already been approved. That's not public information yet." We'll just take Logan's word for it, I guess.

For his part, Patton explains the aborted recount effort in Long Beach ("I'm not a conspiracy theorist in any way," he notes. "We have never alleged a rigged election. We were just talking about the facts. The facts are this was an extremely close election, and we were just not allowed to have a hand count."); the fact that L.A.'s $300 million voting system was promised to be the nation's first open source system (but has yet to disclose any of its source code); and whether he feels confident that his election for City Council this year will be accurately tallied under the still-unverifiable and virtually unrecountable new systems.

"We can speak very factually and say that vulnerabilities don't equate to a stolen election," Greenhalgh asserts, before describing Logan's smears as "extremely disheartening." She described the comments as "a new low to hear somebody try to smear and tar real serious questions, real serious issues that need to be addressed. We still have serious security issues in our election systems that need to be fixed. We all need to pull together to fix them. And if we are having election officials refuse to address those problems by dismissing them improperly as mis- and dis-information, there's two problems with that: We're not going to actually fix the problems, but also we have a crisis of confidence in our election system right now. And when somebody in a position of power says something that is pretty easily proven to be false....they're not going to have a lot of confidence in his ability to run an election. And we can't afford that. He needs to be honest."

Logan never did cite any specific claims from Greenhalgh and Patton's concerns that he believed to be misinformation, despite my repeated query. He has a standing invitation to join us on the show any time to do so. Hiding behind false claims by rightwingers of "stolen elections" is unbecoming of a public official, particularly when the very specific concerns in question are legitimate and publicly well-documented.

There is much more discussed about all of this on today's show, and the concerns about similarly unverifiable touchscreen Ballot Marking Devices now in use across the country, along with the similarly problematic Voting Center model replacing community precincts in other counties and states.

California's primary this year is on June 7th. Cross your fingers that things work out. Good luck even being able to figure out afterward is they did or didn't...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Eric Kramer of Arizonans for Fair Elections; Also: Good news on the economy, unions, COVID and cannabis!; Plus: Annoy a Nazi!...
By Brad Friedman on 4/1/2022 6:54pm PT  

Yes, on today's BradCast, we discuss a new, maddening --- and likely unconstitutional --- voter suppression law signed this week by Arizona's Republican Governor. But, as our guest notes, "Don't worry, we've got this!" We'll see. He's got a plan in response that voters in other swing-states may wish to look at as well. Other than that though, today's show ends your week with nothin' but good news! (Mostly.) [Audio link to full toe-tappin' show is posted below this summary.]

First up, good news on COVID! According to the Dept. of Health and Human Services, hospitalizations are now at their lowest rate since the U.S. began keeping records at the beginning of the pandemic two years ago. Of course, last time hospitalizations where near this low we got slammed by Delta and then Omicron shortly thereafter. So, hey, now's a great time to get a vaccine shot or a booster if you haven't in the past 4 months or so!

Then, more good news on the economy! 431,000 new jobs were added in March, as Americans continue to shake off the pandemic, even amid war in Europe and inflation. Since Joe Biden took office, the economy has added a record 7.9 million jobs. Unemployment is the lowest it's been since before the pandemic and barely higher than the nation has seen in a half-century, as the President did some justifiable crowing about those numbers today. Things would be even better had Republicans and Sen. Joe Manchin allowed his Build Back Better bill to pass, given that many more women are needed to fill millions of open jobs, but can't afford the child care (that BBB would have paid for) in order to take them.

But there's still more good news today, for workers and labor unions! Amazon employees in deep red Republican Staten Island, New York voted "yes" to unionize in an historic labor win at the only fulfillment center in New York City! It's the first Amazon facility in the U.S. to do so, but it likely means many others will join them. Another unionization vote at Amazon's fulfillment center in Bessemer, Alabama remains too close to call for the moment. It's the second such vote held at that plant after the National Labor Relations Board found that Amazon had cheated in the first vote and ordered a re-do.

Speaking of cheating in elections: Republicans. Though it may make your head (and mine) explode, mid-term primaries are beginning to kick off all over the country. The first one, last month in Texas, resulted in tens of thousands of disenfranchised absentee voters whose ballots were rejected thanks to the state GOP's new voter suppression law there.

We had slightly better news this week in Florida. There, a federal judge struck down several provisions of the new voter suppression law adopted last year by the GOP-dominated state legislature and Republican Gov. Ron DeSantis (who barely won his initial election back in 2018). U.S. District Judge Mark Walker found that the law unlawfully targeted black voters in violation of both the Constitution and the Voting Rights Act. Most notably, he ordered the state back under the VRA's preclearance regime for the next decade, mandating approval in advance from the federal government for any new election-related laws that may effect minority voters.

Republicans in Arizona, however, have been running a bit behind in their voter suppression. But, on Wednesday this week, the state's Governor Doug Ducey, also facing re-election this year, signed HB 2492 [PDF], even though legislative attorneys in both the state House and Senate found the measure to be likely unconstitutional. In short, it requires state voters to prove they are citizens before they may vote for candidates in state and local elections. But it goes farther than previous such laws in the state. This one could disenfranchise anywhere from 31,000 to nearly 200,000 voters in a state where Democrats won the Presidential election in 2020 by just over 10,000 votes. It would prevent voters who fail to prove their citizenship (or can afford to do so) from voting for either state officials or President. They may still be able to vote for members of Congress, but not during either early voting or via absentee ballot.

We're joined today by ERIC KRAMER, former Chair of the Navajo County Democrats, now Director of the Arizona Deserves Better non-profit coalition to discuss HB 2492 and, more importantly, what he and other voting rights advocates in the state are currently doing to both overturn such measures and prevent even worse ones from being adopted at any time in the future with their new Arizonans for Fair Elections ballot initiative.

We first learned of the effort via DailyKos, where Kramer writes as "EricAZ". Two articles of his there caught our eye in particular. The first, in early March, was headlined "Arizona Right-Wing Goes Batshit Crazy in Attack on Voters (Don’t Worry, We’ve Got This)". The second, a few weeks later, is titled, "The Joy of Soon Beating the U.S. Supreme Court on Several Voting Rights Issues".

Kramer explains how the AZ Fair Elections initiative, targeted for inclusion on the ballot this November, would work to prevent the kind of voter suppression we have been seeing from the increasingly extremist Republican radicals who now control the AZ state legislature. It would roll back laws like HB 2492 and prevent similarly disenfranchising laws from being adopted in an election year. It would also repeal a number of other laws recently adopted by state Republicans which target minority voters (Native Americans in particular), while instituting proactive measures to increase voter turnout, rather than block it, as the GOP is now working so hard to do there and elsewhere.

"In addition to these places where we're kind of playing defense against what they've done to voters in the past, there are some where we are playing offense," Kramer explains in detailing the voter referendum. "We have automatic voter registration. We have Election Day registration. We expand the periods for early voting. And we do quite a lot to help Native American voters and especially disabled voters --- we give more opportunities to vote. So it is a very good initiative."

Can his group, which is currently in the signature gathering process, get the measure onto the ballot in November? And, if so, can they get it passed? "We are going to get it done," he tells me confidently. "We need 243,000 signatures [by July 7] to get on the ballot. We're currently collecting at more than twice the rate we need. Fundraising has gone well. People from all over the country are supporting this. We will get it done."

You can get more information on the initiative --- in case you'd like to support it or consider something similar in your own state --- at the website for the Arizonans for Fair Elections initiative (azfe.org).

Finally, we close with even more good news and a song!

Our final good news for the day is about cannabis. U.S. House Democrats, with almost zero help from Republicans, adopted a measure today to decriminalize marijuana at the federal level, though it will still have to overcome a likely GOP filibuster in the Senate. That, despite the American public's overwhelming support not just for decriminalizing cannabis, but for fully legalizing it once and for all. Not sure why the GOP would be dumb enough to take a pass on shooting the measure down again, as they did back in 2020 when they held the majority in the upper chamber, but explaining Republican stupidity is not my strong suit.

But to keep you happy and singing well into the weekend, we close with a new ditty from Canadian comedian and "The Internet's Favourite Dad* (*unproven)", according to his Twitter profile, Stewart Reynolds, who sings that "it's nice to be disliked!"...So "annoy a Nazi" today!...

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The President takes on Big Oil, 'Putin's price hike' at the pump; DeSantis' new voting law struck down, found unconstitutional, racially motivated...
By Brad Friedman on 3/31/2022 6:53pm PT  

We cover two big stories in depth on today's BradCast. One out of the White House which effects the world. The other out of Florida, which effects the rest of the nation...or, at least, it should. [Audio link to full show follows below this summary.]

President Biden, on Thursday, announced that he is releasing one million barrels of oil, per day, for the next 180 days, from the nation's Strategic Petroleum Reserve in hopes of lowering gas prices for Americans in response to what he described as the "Putin Price Hike".

In addition to the unprecedented release from the Reserve, Biden called out Big Oil companies for keeping prices high (previously known as war profiteering) as they see record profits and pad the pockets of investors and executives, even as Putin's war inflates prices on global energy markets. He also called on Congress to pass a "Use it or Lose it" law that would charge a fee to oil and gas producers who are sitting on as many as 9,000 unused drilling permits on more than a million acres of land, as prices rise for Americans at the pump.

At the same time, Biden announced his plan to invoke the Defense Production Act to encourage American production of minerals that are needed for electric vehicle battery production.

We share the President's remarks today at the White House and Desi Doyen helps us unpack what it all means --- for gas prices and for our climate crisis.

Next, the big news out of Florida. A federal judge on Thursday struck down parts of a new state law that makes voting much harder for many in the Sunshine State, finding it unconstitutional and racially motivated. Moreover, he invoked a key provision of the Voting Rights Act to prevent more such measures for the next ten years.

FL's Senate Bill 90 was adopted by the state's Republican legislature last year in the wake of Donald Trump's evidence free claims about fraud in the 2020 election. That, despite Florida's claims that the election was well run and free of fraud or other problems. The new law limits the use of drop boxes; adds more ID requirements for those requesting absentee ballots; restricts who may collect and drop off ballots; further restricts third-party voter registration; and makes it a crime to give voters food or water to voters as they wait in line to cast their ballot, among other restrictions challenged by the League of Women Voters of Florida and other voting rights advocates.

In his 288-page order [PDF], U.S. District Court Judge Mark Walker slammed parts of the measure as racially motivated and little more than a law enacted "to improve the Republican Party's electoral prospects." His ruling quotes Rev. Dr. Martin Luther King Jr. throughout, while asserting that plaintiffs "allege that SB 90 runs roughshod over the right to vote, unnecessarily making voting harder for all eligible Floridians, unduly burdening disabled voters, and intentionally targeting minority voters --- all to improve the electoral prospects of the party in power...Having reviewed all the evidence, this Court finds that, for the most part, Plaintiffs are right."

But the most noteworthy element of this story is that Judge Walker also invoked a little used provision of the landmark Voting Rights Act to "bail-in" the state of Florida to the VRA's preclearance requirement for the next 10 years. That provision, used against repeat violators of the VRA, will force the state to obtain approval from the U.S. Dept. of Justice or a three-judge federal panel before new voting laws that may have a racially disparate effect on voters can be implemented.

As UC-Irvine election law expert Rick Hasen described the ruling as "quite a blockbuster" and a "a huge deal." He told the New York Times, "This is an opinion that full throatedly reads the Voting Rights Act in the expansive way that Congress intended it to be read, and essentially dares the higher courts to overrule it." He also believes that "conservative 11th Circuit or the Supreme Court" is likely to do so, even though "the district court's analysis is probably right."

Florida Republicans are furious. Gov. Ron DeSantis calls the ruling "performative partisanship". The State's Republican Senate President calls it "highly unprofessional, inaccurate, and unbecoming of an officer of the court." That, as the League of Women Voters celebrated the ruling against "an anti-voter measure that raised barriers to voting with specific impacts on elderly voters, voters with disabilities, students, and communities of color."

"State legislatures everywhere should recognize that anti-voter laws like SB 90 violate the fundamental rights of their constituents," said the LWV's Chief Counsel, adding: "We call on legislatures around the country to stop making laws that impede the rights of the people they are elected to protect and serve."

Naturally, Florida Republicans say they intend to appeal, and many think that our right-leaning federal appeals courts and/or our corrupt U.S. Supreme Court will overturn Judge Walker's landmark ruling. For now, however, it's a critical one that should be echoed against many of the intentionally discriminatory laws that have been adopted by GOP-controlled states over the past year.

We explain what it all means and why it matters on today's program.

Finally, Desi Doyen joins us again for our latest Green News Report, recorded today before Biden's big White House announcement (though we anticipated it). We also detail Europe prepares for energy shortages, Poland's decision to ban Russian energy imports and much more, including a major milestone for solar power!...

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Also: GOP's KBJ confirmation idiocy; KY's anti-marriage equality clerk finally found guilty; 23,000 mail ballots rejected under new TX law...
By Brad Friedman on 3/22/2022 6:47pm PT  

There were a surprising number of callers into yesterday's program who seemed to believe that if the U.S. simply left Ukraine to its own devices, somehow there wouldn't be a massive genocide and destruction of the Ukrainian state by Russia, and that it wouldn't somehow lead to WWIII. Those callers are wrong, I'm sorry to say. And I'm even sorrier that many of them are on the left. On today's BradCast we spend some time explaining how many have come to misunderstand a lot of bad and (often purposely) misleading information out there, and how deeply-ingrained (and well-justified!) anti-war sentiments against the U.S. war machine are now ill-serving some on the supposed left now that Russia is the actual aggressor. We also cover several ongoing fights for our own struggling democracy here at home --- in the U.S. Senate, at SCOTUS, and in both Kentucky and Texas. [Audio link to today's show is posted below this summary.]

Among the many stories covered or referenced today...

  • A quick review of Day 2 of Judge Ketanji Brown Jackson's confirmation hearings in the U.S. Senate, where Republicans are spending their time questioning the first black female nominee to the U.S. Supreme Court as a way to improve their own electoral ambitions and/or nab an appearance on Fox "News". ("Do you believe babies are racist, Ms. Jackson?") Since we don't care to privilege the lies, we don't spend much time on that idiocy, though there were some important exchanges with some of the Democratic Senators, including Jackson's thoughts on the importance of respecting long-settled issues of law and civil rights. That, as the GOP's current stolen, packed and bought majority on the High Court begins dismantling decades of well-established and critical legal precedents.
  • Then, some thoughts on some of our callers and emailers on yesterday's program, when we opened the phone lines up to listeners on why they believe President Biden's approval ratings remain low, even as his actions in response to Russia's barbaric attack on Ukraine are so wildly popular among Americans of all parties. We discuss why we believe those callers who want the U.S. to stop supporting Ukraine are deadly wrong about that, and why an emailer who cites Putin's pretext about "de-Nazification" in Ukraine has been wildly misled.
  • That conversation also includes some audio from an interview with a Rabbi in Odesa by NPR's investigative correspondent in Ukraine, Tim Mak. He is told by Rabbi Avraham Wolf, during the interview in a synagogue built by his wife's great great grandfather in 1898, that he believes talk about Nazis in Ukraine is "stupid" and that he has "never in 30 years" experienced any anti-semitism in Odesa.
  • The conversation on all of this also includes this weekend's remarks on ABC News from the courageous Marina Ovsyannikova, a producer at Russia's state-run Channel One, describing her "spontaneous decision" to appear on air with a "NO WAR" protest sign during a news report recently. "I could see what in reality was happening in Ukraine, and what we showed on our programs was very different from what was going on in reality," she explained on Sunday following her arrest, as she still faces a potential 15 years in prison under Putin's new censorship law. While she claims that most Russians oppose Putin's "gruesome war," Ovsyannikova determined that her televised protest might "show to the Russian people that [the state-run media outlet's reports were] just propaganda, expose this propaganda for what it is and maybe stimulate some people to speak up against the war."
  • Then, it's back to our own faltering democracy in the U.S., but with a bit of long-awaited good news for a change. After seven years of delays in court --- thanks to a well-moneyed far-right legal outfit --- Kim Davis, the infamous and Fox-famous Rowan County, Kentucky Clerk who cited "religious beliefs" for her refusal to issue marriage licenses after SCOTUS established the right to marriage equality in 2015, was finally found to have violated the law. In a lawsuit filed by several couples who were refused licenses to marry, a George W. Bush-appointed federal judge held that Davis "cannot use her own constitutional rights as a shield to violate the constitutional rights of others while performing her duties as an elected official.” A jury will determine the financial penalty for Davis, who lost her re-election bid in 2018. Of course her wingnut attorneys will attempt to appeal all the way to the U.S. Supreme Court (even though they already rejected one of Davis' previous arguments...at least before Republicans stole their 6 to 3 majority on the High Court.)
  • In far less encouraging news, an AP analysis has determined that some 23,000 absentee voters in Texas' first-in-the-nation 2022 mid-term primaries on March 1, had their ballots rejected and never counted. AP finds roughly 13% of mail ballots were discarded under the TX GOP's new voter restriction law, SB 1, that they claimed would make it "easier to vote and harder to cheat". That, compared to the 2% of mail ballots that were rejected during the state's previous mid-term primaries in 2018. Thousands of voters in both Republican- and Democratic-leaning counties alike were disenfranchised under the first election held under the new law, though rejection rates were slightly higher in larger, more Dem-leaning counties. Mail voters in Harris County (Houston), for example, saw a gobsmacking rejection rate of 19%! In the weeks and months ahead, primaries will be held in some 17 other states where Republicans have passed new laws making it harder to vote in response to Donald Trump's evidence-free claims of massive fraud in the 2020 election.
  • Finally, and also speaking of Texas, Desi Doyen has our latest Green News Report, with out-of-control climate change-fueled wildfires spreading across the Lone Star State; unbelievably warm and unprecedented simultaneous extreme heat waves at both the North and South poles, and how KBJ's Senate confirmation reminds us yet again that elections (and voting!) have critical consequences...

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Also: Situation devolves in Ukraine under Russia's 'barbaric' assault...
By Brad Friedman on 3/10/2022 7:06pm PT  

On today's BradCast: It's been a very bad week for the pretend "law and order" rightwingers dumb enough to have been suckered by Donald Trump's 2020 "election fraud" hoax. But it's likely to get still worse for them in the days ahead. That's fine by us. [Audio link to full show follows this summary.]

After a quick update today on the latest grim, and getting grimmer, news out of Ukraine as Russia's Vladimir Putin begins his third week of unspeakable barbarism, here are some of the much less grim stories we actually enjoyed covering today...

  • Yesterday, we reported on the ongoing challenge (and emergency appeal filed after a bizarre ruling by a Trump-appointed judge) to North Carolina Rep. Madison Cawthorn's eligibility to run for re-election this year. The challengers, including our guest, Constitutional law expert Ron Fein of Free Speech for People, contend that Cawthorn is ineligible to run for federal office, after having violated the 14th Amendment's ban on those who "have engaged in insurrection" after taking an oath to defend the Constitution. But, no sooner did we get off air when news broke that Cawthorn was charged in NC with driving with a revoked license. Apparently, this is the second time he has been charged with the same crime. Will he face any real accountability for it this time around? The max sentence for that is 20 days in jail in NC.
  • On the federal level, Attorney General Merrick Garland insisted today that his Justice Department will "not shy away from cases that are controversial or sensitive or political," telling reporters that "to do that would undermine an element of the rule of law." Glad to hear it. His comments came in response to questions about the DoJ's January 6th investigation and whether Trump and those around him would ever face accountability, as hundreds of low-level insurrectionists have faced charges for storming the Capitol on January 6th, 2021, after being being incited by the disgraced former President and his false claims that the 2020 election was stolen from him.
  • Tina Peters, a Colorado elections official arguably incited to criminal acts by Trump's lies, is now facing state charges for them. She is the very Trumpy Republican Mesa County Clerk who recently announced her intention to run for Secretary of State. Peters turned herself into custody on Wednesday night after being indicted this week on 10 counts related to elections tampering. (A perfect resume for a GOP Sec. of State contender!) We've been reporting in detail on Peters over the past year, after she allegedly snuck into a secure facility where voting systems are stored in Mesa County along with accomplices (one of them her Deputy, who was also charged this week), turned off the security cameras, and then made copies of hard-drives with critical and proprietary Dominion Voting System software on them. Dominion's Election Management System software from Mesa was subsequently released, along with passwords to the system, to the Internet a few months later during one of conspiracy theorist and pillow magnate Mike Lindell's "election fraud" symposiums, just as Peters was speaking at the forum. The serious security breach with the public release of that software led to a bit of havoc in California's Gubernatorial Recall election just weeks later, where the same Dominion systems were used in several counties. We revisit the sprawling story of how we got here, as the loony Peters finally appears set to pay a very high price for being dumb enough to buy into Trump's con.
  • And then there was more bad news this week for Fox "News" and several of the top clods and dupes who host programs on their various channels. A New York judge denied the motions to dismiss filed by Fox and a number of their top anchors, such as Maria Bartiromo and Lou Dobbs, in the $2.7 billion defamation lawsuit filed against them and conspiracy theorist/grifter attorneys Rudy Giuliani and Sidney Powell by voting system company Smartmatic. "At a minimum," the judge found in his 61-page ruling, "Fox News turned a blind eye to a litany of outrageous claims about plaintiffs, unprecedented in the history of American elections, so inherently improbable that it evinced a reckless disregard for the truth." That means the case against most of them will now move forward toward discovery and trial. (Several of those "inherently improbable" claims were based on The BRAD BLOG's own accurate, exclusive reporting back in 2010, which Powell, et al, bastardized to fit their pretend theories about massive election fraud.) Interestingly, the judge also cites a bit of accidentally responsible reporting from Fox star Tucker Carlson to underscore just how irresponsible the others were, in the judge's "finding that there is a substantial basis that Fox News acted with actual malice." The New York ruling follows a similar one from a judge in Delaware last December, who also rejected motions to dismiss from many of the same clowns in Dominion Voting Systems' separate $1.6 billion defamation lawsuit.
  • In Texas, which held this year's first-in-the-nation midterm primary elections last week, AP finds that an extraordinary 27,000 mail ballots --- from both Democrats and Republican voters --- were flagged for rejection under the Lone Star State's new voter suppression law passed last year in pretend response to Trump's claims about a stolen 2020 election. The initial rejection rate was approximately 17% statewide and substantially higher in a number of large, Democratic-leaning counties. That, compared with a statewide rejection rate of about 1% of absentee mail ballots back in 2020.
  • Finally, Desi Doyen joins us for our latest Green News Report, with more disturbing fallout (and, maybe, some theoretical upsides) regarding energy and security in the wake of Russia's horrific invasion of Ukraine...

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Special coverage with guests Heather Digby Parton of Salon and Richard 'RJ' Eskow of 'The Zero Hour'; Also: TX primary results, election probs...
By Brad Friedman on 3/2/2022 5:37pm PT  

"Democracies are rising to the moment," President Biden forcefully asserted during his first official State of the Union address on Tuesday night. "And the world is clearly choosing the side of peace and security." Is he right? We discuss that and much more on Biden's impossible address last night on today's BradCast.

Before we jump in, however, it was also Election Day in Texas on Tuesday, the nation's first primaries of the 2022 mid-term cycle. We briefly cover the reported results of the top-line races for Governor and Attorney General, as well as some interesting House races with progressive challengers on the Democratic side. There were also several curious anomalies we are looking into out Houston's Harris County, regarding the reported shutdown of some polling places to Democrats (and others, purportedly, shut down to Republican voters); some post-election squabbles on delayed results from the County, reportedly due to problems tallying long ballots on their new, 100% unverifiable touch-screen voting systems; and continuing concerns about thousands of rejected vote-by-mail ballots thanks to new restrictions on absentee voting enacted by the Republican lawmakers last year in the state's newly adopted SB1 law.

Our main focus today, of course, is on Biden's first SOTU. This one, amid a newly raging war on Ukraine, as the autocratic Russia continues its appalling attack on its democratic sovereign neighbor, and as the U.N. General Assembly on Wednesday condemned Russia's aggression and atrocities by a lopsided 141 to 5 vote. There were 35 abstentions (including China) and support for Russia offered from Belarus, Cuba, North Korea and Syria.

As if Biden didn't already have enough to worry about with the continuing, if waning (for now), pandemic; an insurrectionist and obstructionist Republican Party; two obstructionist Democrats blocking the bulk of his domestic agenda; and both an opposition party and corporate media hell-bent on weaponizing predictable post-pandemic inflation, even amid a booming economy with growing wages, record corporate profits, record low unemployment, and the highest growth in GDP since the 1980s. All of which has resulted, reasonably or not, resulted in Biden's approval ratings plummeting in advance of this year's critical mid-terms.

Any one of those issues (and, yes, there are more!) would be enough for one State of the Union address. Biden, somehow, had to deal with them all on Tuesday night.

We're joined today for our special coverage by fellow longtime progressive troublemakers and muckrakers HEATHER DIGBY PARTON of Salon and Hullabaloo and RICHARD 'RJ' ESKOW of The Zero Hour.

There is a lot to discuss today, as we break down key moments from Biden's remarks. But, just for a taste, while they both Parton and Eskow laud the President for rising to the moment and bringing the world together regarding Russia, on the domestic front, political trouble may loom.

"Democrats always have this problem," Parton notes. "The historical pattern here is clear. The Republicans come in and they wreck the place, and Democrats come in and have to clean up the mess. And in the first two years, it's really hard."

"He's not getting a break from the media," Eskow argues. "I think people are also terribly sick of COVID, and he's had to bow to that fatigue. On the grand scheme of things, the big lesson here is the limits of Presidential power, and the fact that he would love to be doing a lot more. Here's a man who spent 50 years running for President, now he's got it, and I feel sorry for him."

Did last night serve to help Biden and the Democrats change their trajectory as we head toward a mid-term election which the media continues to remind voters is (almost always) a historically difficult one for the party in power? Tune in for our special coverage and conversation on that and much, much more...

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And other troubling war news; Also: GOP Congressmembers speak at pro-Putin White Supremacist rally; Huge percentage of TX mid-term ballots rejected under new GOP absentee ballot restrictions...
By Brad Friedman on 3/1/2022 6:17pm PT  

Gotta keep this very brief as tonight's State of the Union address begins shortly (full coverage on tomorrow's BradCast), but the madness of Putin's war on Ukraine continues today, as some Republicans here at home seem to be rooting both for him and against democracy itself. [Audio link to full show is posted below this summary.]

We begin again today with coverage of the latest noteworthy news out of Russia/Ukraine, along with a few warnings about propaganda from all sides and the potential for erroneous reports amid the fog of war. Among the many stories covered today...

  • The office of the Ukrainian President, Volodymyr Zelenskyy is reporting today that Russian bombs fell on Babi Yar, a Holocaust memorial site in Kyiv where some 34,000 Ukrainians were slaughtered by Nazis during one 48 period in 1941. The news offers a bizarre twist on the "denazification" that Vladimir Putin used as a phony pretext --- along with false claims of stopping a "genocide" --- when he launched his unprovoked attack on Ukraine last week.
  • Nearly 700,000 refugees have reportedly fled the country, with tens of thousands still trying to get out. But more than 40 million men, women and children remain, and are still facing bombardment while valiantly defending the country and its major cities. For now.
  • Swiss authorities report that the firm responsible for running the Nord Stream 2 gas pipeline from Russia to Germany on behalf Gazprom, the Russia-controlled gas giant which owns the pipeline, have been laid off and the company overseeing the project is either in or near bankruptcy. That, after Germany stopped certification of the new pipeline as Russia launched its war last week and as sanctions have resulted in the pipeline firm being unable to pay its workers.
  • The International Energy Agency (IEA)'s 31 member countries, including the U.S., declared they will be releasing 60 million barrels of oil from strategic reserves in hopes of preventing global shortages and to ease the soaring price of crude. Knowing Big Oil and fossil fuel market speculators, its unlikely to have much effect. Though moving the world off of fossil fuels MUCH faster just might help!
  • In a kind of amazing story, a Russian government climate scientist publicly apologized to Ukrainian scientists over the weekend during the Intergovernmental Panel on Climate Change (IPCC)'s final session to complete the group's latest blockbuster report released on Monday. The Russian scientist offered his "apology on behalf of all Russians who were not able to prevent this conflict," adding that "all of those who know what is happening fail to find any justification for this attack against Ukraine."
  • Those remarks echo some points we tried to make on yesterday's BradCast in response to a few on the left (hopefully very few) who seem to be placing inappropriate blame on the U.S. and NATO for Russia's outrageous aggression and war crimes. While the U.S. and NATO have made a number of missteps since the fall of the Soviet Union, only Russia can be blamed for the deadly, unprovoked military assault now underway on an unthreatening neighboring sovereign nation. Here is a very short and helpful metaphor to help folks understand all of this, casting Ukraine as a woman trying to break up with her abusive ex.
  • And, while the fight for democracy overseas is at a perilous moment, the Republican Party here at home continues to have completely lost its way. (Or, maybe, has finally found it.) Far-right Congressmembers Marjorie Taylor Greene (R-GA) and Paul Gosar (R-AZ) both appeared at a white nationalist rally over the weekend, where the leader of the group praised their "secret sauce" of "young white men" as the crowd cheered for Putin just before MTG took the podium. Sen. Mitt Romney (R-UT) condemned both of his colleagues on CNN on Sunday, noting, "I've got morons on my team." One of those morons, as we also discuss after playing some audio of his comments on the House floor today, is House Minority Leader Kevin McCarthy (R-CA).
  • It's mid-term primary Election Day in Texas today and, as we discussed last week with the President of the League of Women Voters of Texas, the state's new GOP-adopted voting restrictions are resulting in a huge percentage of absentee ballots being rejected --- nearly 30%, for example, in Houston's Harris County. By way of contrast, the last mid-term elections in Texas in 2018, saw a 1% rejection of vote-by-mail ballots statewide. Some late absentee voters may still have until March 7 to cure any ballot deficiencies if they can get to the County Clerk's office in person to do so.
  • Finally, Desi Doyen is here with our latest Green News Report, with more news on energy related sanctions and Russia; the disturbing new, 4,000 page IPCC report; and the U.S. Supreme Court's latest attempt to gut the EPA's statutory power to regulate deadly fossil fuel emissions...

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Guest: Grace Chimene, President, TX League of Women Voters on alarming mid-term primary ballot rejection rate; Also: Biden announces 'first tranche' of Russian sanctions in response to 'invasion'...
By Brad Friedman on 2/22/2022 6:22pm PT  

On today's BradCast: The greatest threat to autocracy is, of course, democracy. Which is why, I believe, Vladimir Putin is now threatening Ukraine and why Republicans in this country are (successfully) attacking the right to vote itself. [Audio link to full show is posted below this summary.]

On Ukraine today, we share the latest in the increasingly dangerous standoff that threatens to spark all out war in Eastern Europe, unlike anything seen since WWII. That, on the heels of Putin's increasingly militaristic and bellicose pronouncements and his unilateral declaration on Monday that two Russia-backed, separatist-controlled regions in the eastern part of Ukraine are now independent "republics" that Russian troops may enter (invade) at will, in defiance of international law.

In response to the increased aggression, and in hopes of staving off a full-scale invasion, the U.S. and some 27 European Union members have begun to institute a series of sanctions, including Germany's announcement that they are halting certification of the Nord Stream 2 gas pipeline, a lucrative project for Russia which they had spent years working to open.

In Washington today, President Biden offered brief remarks which we share, decrying the Russian President for "carving out a big chunk of Ukraine" in defiance of international law, even as Biden remains hopeful that diplomacy is still possible. At the same time, however, he announced what he described as the "first tranche" of economic sanctions against Russian financial institutions, as well as several elites and their family members, with much more to come if a full scale invasion is launched.

There is, of course, much discussion and debate about all of this, with experts and pundits choosing up sides and offering explanations for Putin's behavior. The U.S. and EU and NATO certainly play a part in this potentially lethal failure of post-WWII, post-Cold War European diplomacy. But the point for now that rings most true, at least to me, was cited today by the WaPo Editorial Board arguing that Putin's "true reason for targeting Ukraine is not Russian national security but to preserve his own power in Moscow, which would be threatened by a successful democratic experiment in a former Soviet republic of Ukraine’s size and cultural importance."

Yes, authoritarians hate democracy. It's as simple as that. Which is why we've seen, in this country of late, so many voter suppression laws adopted by GOP-controlled states in the wake of Donald Trump's loss in 2020 and his false, evidence-free claims that the election was stolen from him through some sort of "fraud".

We've covered --- and warned about --- the many new voting restrictions adopted by Republican-controlled states and legislatures since 2020 for months. Now we are finally seeing how those new suppression laws are having a direct and disastrous effect on actual elections, beginning with Texas, which is the first state to hold its primaries for the 2022 mid-terms, next Tuesday.

With new restrictions on absentee voting --- in one of the most difficult states to vote by mail already! --- an extraordinarily high percentage of absentee ballot applications have been rejected in recent weeks in the state's most populous counties. Many of the rejected applications --- more than 30% in Houston's Harris County --- were due to the new, and at times impossible, requirements to include identifying information that exactly matches that on the voter's record, even if they registered to vote decades ago and have no clue whether they included a drivers license number or a social security number or no number at all at the time.

But of those who are able to finally get an absentee ballot, the rejection rates, so far, of actual ballots in advance of next week's Election Day are stunning. 35% of ballots are being rejected in Harris County, the state's most populous (and most African-American); 26% of mail-in ballots in Dallas County; and 25% of ballots are being nixed in Collins County, just north of Dallas.

We're joined today by GRACE CHIMENE, President of the League of Women Voters of Texas, to explain what is going on in the Lone Star State; why it's going on; whether Republicans (whose voters are also being suppressed, if not in as large numbers) have any concerns about what is going on; and what, if anything, can be done about any of it in time for next Tuesday or, at the very least, before this November, when the number of voters --- and rejected applications and ballots --- will be much much higher unless the state's SB1 law is amended or blocked by the courts.

Chimene cites Texas officials who declared the 2020 election as "a very safe and secure election." Nonetheless, she notes, "the officials and the politicians who are writing these bills were the ones who won during the election. And it was safe and secure. So, really, I don't think they thought of this SB1 voter suppression bill, I don't think they thought of these ideas themselves. I think they came from someplace else and they were pushed out trying to meet somebody else's agenda of suppressing the vote even further here in Texas."

Election officials are now barred from informing eligible voters that they may vote by mail and, even when their applications or ballots are rejected, they are forced to be circumspect about why. Chimene explained that eventually officials were allowed to send a postcard to notify voters about rejected applications, but "what they don't tell them is where the mistake was in their application. They're not being told why the application was rejected, they're just notified that it was a rejected application." Notifying voters of rejected BALLOTS has been similarly fraught. "It's just a mess," the longtime non-partisan voting advocate tells us.

Chimene says that she "was hoping for some federal help, through federal legislation, such as updating the Voting Rights Act or the John Lewis Voting Rights Act, and it was so disappointing that that didn't happen." She calls out Texas Republicans for targeting voters and federal law enforcement for an inadequate response to it: "The issue is, who do they want to vote in the election, and how can they stop it? And it's just very disheartening to see this happening and that there's no help coming from the federal government."

What is now happening, in alarming numbers in Texas, Chimene explains, is "a way to stop people who have been voting for a very long time, very successfully, very securely and safely, and now they're unable to participate in the democracy. It's just bad news for democracy."

We seem to have quite a bit of that today...And not just in Texas...

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Drop Box voting restored in WI (for now); Excellent redistricting news in AL (unless appealed); 'Calming down' in Ukraine; Bad news for key Jan. 6th instigators Alex Jones and John Eastman; And more!...
By Brad Friedman on 1/25/2022 6:20pm PT  

We'd love to tout all of the encouraging news we have for you on today's BradCast. We have quite a bit of it. Problem is, while we have a lot of it, each story is largely just marginally encouraging in and of itself. Still, these days, we'll take what we can get! [Audio link to full show follows this summary.]

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

  • An appeals court in Wisconsin unanimously blocks a wingnut lower court judge's ruling from a few weeks ago that had declared the use of absentee ballot drop boxes to be in violation of state law, despite the many years that they've been in use. Who knew? So, good news that the judge was overturned for now. Bad news that the appellate court order only applies for now to the state's upcoming February primary elections.
  • Seemingly encouraging news out of Alabama today --- perhaps the only unqualified good news we've got to share with you all day, in fact! A three-judge federal court panel --- including two Trump appointees --- have rejected the state GOP's newly redistricted U.S. House map, declaring it to be an unlawful racial gerrymander in violation of the federal Voting Rights Act. The court's ruling, if it withstands appeal, would require the Republican-majority state legislature to draw two Black majority districts instead of one. That, in a state with a 27% Black electorate, represented for years by 6 Republican White men and 1 African-American Representative.
  • While the U.S. (and EU and NATO) continue their warnings of an "IMMINENT INVASION!" of Ukraine by Russia, Ukrainian officials have a message for the world: Please calm the fuck down! (Though please keep sending those weapons in the mean time.)
  • Oh, look! Wingnut radio conspiracy theorist, professional grifter, Donald Trump buddy, and key instigator of the deadly January 6th attack on the U.S. Capitol, Alex Jones, quietly sat down this week for questioning with the U.S. House Select Committee investigating Trump's attempt to steal the 2020 election. That, even though Jones had previous filed a lawsuit to quash his subpoena from the Committee. Apparently, he pleaded the Fifth "almost 100 times" for some reason in the bargain, he says.
  • And, speaking of pleading the Fifth, (former?) law professor John Eastman, who wrote the memos detailing a plot for how then Vice President Mike Pence could "legally" steal the election for Trump by refusing to accept lawfully certified 2020 Electoral College votes on January 6th, also chose to avoid self-incrimination in criminal matters by invoking the privilege when he testified recently to the Committee. As of a court hearing on Monday, we now know he did so 146 times! That, according to details proffered during the hearing for a suit in which Eastman is suing his former employer, Chapman University. He is hoping to prevent them from releasing 19,000 of his emails subpoenaed by the House Select Committee and written from his university email address while working for free for Trump (unbeknownst to the non-partisan university, which eventually fired him for doing so.) The judge in the case is reportedly not happy with Eastman, and has ordered him to make a list of which of the 19,000 subpoenaed emails he believes should be withheld from the Committee due to attorney-client privilege.
  • Meanwhile, it continues to be a lousy time to be associated with our disgraced, twice-impeached loser of a former President. Even for a coal lobbyist. Democrats in the Virginia state Senate say they are now united in their hopes of blocking the new GOP Governor Glenn Youngkin's nomination of former Trump EPA Administrator (and coal lobbyist!) Andrew Wheeler for the commonwealth's top environmental official. SAD! That, after 150 former EPA employees signed a letter to the state Senators accusing Wheeler of having "pursued an extremist approach, methodically weakening EPA’s ability to protect public health and the environment, instead favoring polluters." (Though because the state Senate Dems haven't yet taken the very rare step of blocking the new Guv's nominee, the news is still to be considered marginally good for the moment.)
  • Finally, while it should be very good news that we are sharing our 1,200th Green News Report today --- coincidentally in the same week that The BRAD BLOG is celebrating our 18th birthday --- the fact that we've had to do 1,200 GNRs (instead of saving humanity and the entire planet about 800 episodes ago) makes the good news only marginal as well. As usual, the content of today's report doesn't help much either...though even there, we've got a bit of marginally encouraging news for ya.

You're welcome!...

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Also: In vote of historic shame, Manchin and Sinema join Senate Republicans to undermine voting rights and American democracy...
By Brad Friedman on 1/20/2022 5:50pm PT  

Today on The BradCast: While this week will be seen by history as a shameful one for American democracy --- or, more specifically, for 50 Republican Senators and 2 Democratic ones --- it may also eventually become a celebrated week for all of the encouraging criminal accountability news that is now coming in on what seems like an hourly basis for our disgraced and failed former President. [Audio link to full show is posted below this summary.]

Among the many stories covered today...

  • After a year-long kabuki drama, played out only for the benefit of obstructionist Democratic Senators Joe Manchin (WV) and Kyrsten Sinema (AZ), both have decided to include themselves in American history's hall of shame by siding with segregationists, anti-democracy activists and Republican authoritarians in the U.S. Senate to block much-needed protection for voting rights and American democracy. While claiming to support the critical, combined Freedom to Vote: John R. Lewis Act --- which would have helped to standardize voting rights for all, combat the GOP subversion of election results, ended dark money in campaigns, blocked partisan gerrymandering in all 50 states and restored what SCOTUS broke in the Voting Rights Act in 2013 --- the two both voted to ensure none of it could happen. They chose to embrace the Senate's undemocratic filibuster rule instead, just as opponents of civil and voting rights have done over decades of American history. We put a bow on the year-long saga today, share parts of Wednesday night's maddening debate, and join Sen. Raphael Warnock (D-GA) in his vow from the Senate floor to keep coming back "again and again and again" until the job of protecting and saving American democracy is won.
  • In far less grim news today, the very very bad week for the Trump Crime Family continues to worsen. After Wednesday's devastating loss at his own packed and stolen U.S. Supreme Court, documents from the Trump White House regarding January 6, 2021 have reportedly begun flowing from the National Archives to the bi-partisan U.S. House Select Committee investigating the 2021 attack on the U.S. Capitol and Donald Trump's attempt to steal the 2020 election. We review a few interesting points of note from the High Court's crushing 8 to 1 ruling [PDF] rejecting Trump's claim of Executive Privilege in his failed effort to block the release of thousands of documents to the Committee, including what could be some very incriminating video tape.
  • With hopes of hiding behind Executive Privilege all but dashed by SCOTUS, the ability of Trump's henchmen to avoid subpoenas for documents and testimony by the Jan 6 Committee is quickly fading as well. On Thursday, Ivanka Trump became the first family member to receive an invitation --- not yet a subpoena --- from the House Committee to answer a number of key questions about her role in January 6th, and her various reported contacts with her father that day and in the days prior. The letter from Committee Chair Bennie Thompson (D-MS) makes clear that the Committee already has a great deal of information. It will be tricky for Trump's daughter, who served as a White House advisor, to avoid speaking with them. It will be a crime if she lies to them.
  • But that's not all. After New York State Attorney General Letitia James detailed evidence of years of bank, insurance and tax fraud by the Trump family this week, on Thursday, Trump's bad week became still worse. Fulton County (Atlanta) District Attorney Fani Willis asked a state Superior Court Chief Judge today to impanel a special grand jury in her nearly year-long probe of the apparent criminal conspiracy by Trump and many others (including WH Chief of Staff Mark Meadows, Sen. Lindsey Graham, Rudy Giuliani and more) to harangue, harass and threaten state election officials into reversing results of the Peach State's 2020 Presidential election, won by Joe Biden, in favor of Trump. Willis has said she will decide in the first part of this year whether or not criminal indictments are warranted for "potential violations of Georgia law prohibiting the solicitation of election fraud, the making of false statements to state and local government bodies, conspiracy, racketeering, violation of oath of office and any involvement in violence or threats related to the election’s administration.” Uh, oh.
  • Finally, Desi Doyen joins us for our latest Green News Report, covering the likelihood that Biden's Build Back Better bill, also blocked by Joe Manchin, will now have to be broken up into smaller chunks; the devastating volcano and tsunami disasters in Tonga; smashed heat records in the Southern Hemisphere; and Exxon's new ploy to pretend they give a damn about climate change...

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Guest: Brennan Center's Michael Li; Also: AZ County finds no 2020 voter fraud; TX counties rejecting absentee applications under new law; Giuliani, other Trump fraudsters subpoenaed by House Jan. 6 Committee...
By Brad Friedman on 1/18/2022 6:53pm PT  

On today's BradCast: The ongoing GOP effort to undermine American democracy by making it harder to vote and easier to cheat in elections continues amid the fallout from Trump's attempt to steal the 2020 election. While you might think Republicans would pay a price for joining him in that effort, its Democrats --- and voters in general and American democracy itself --- paying the price, even as the Big Lie continues to fall further apart with each passing day. [Audio link to full show follows this summary.]

As you know, Republicans have been using false claims of massive (and, apparently, evidence-free) "voter fraud" in the 2020 election as a pretext to adopt new voter suppression and election subversion laws in GOP controlled states. The fruits of those corrupt efforts are already paying off. In Texas, for example, County Clerks across the state are reporting that the state's new anti-voting law, S.B.1, is forcing them to reject hundreds of legitimate absent ballot applications in one of the most difficult states in the nation to vote by mail already.

New I.D. requirements for ballot applications have resulted in rejections of nearly half of the absentee applications in Travis County, home to the state's capital of Austin. Worse, the state's Secretary of State has yet to issue rules for how County Clerks may legally notify or help the rejected voters to cure their applications in advance of the state's March mid-term primaries. (The application deadline is Feb. 18.)

Many of the rejected applications are from voters that have been voting by mail for years. But the new state law now requires applicants to include either a drivers license number or state I.D. number or the last four digits of their Social Security number on the application. While some don't notice the new requirement and are rejected on that basis, others do include one of those numbers, but are still being rejected! Why? As Democrats had warned when trying to block the bill, the TX law now requires that whichever number a voter uses on their application must match the number on their voter registration form, many of them completed years ago. If the voter includes a drivers license number on their application, for example, but their registration includes a State I.D. number instead --- or no number at all (as is the case with millions of voter registrations in the Lone Star State) --- their applications must now be rejected. Mission accomplished?

Meanwhile, the GOP's Big "voter fraud" Lie continues to fall apart in Arizona, where Joe Biden has been confirmed many times over to have lawfully defeated Trump in 2020. On Friday, in the second largest county in the state, Pima (home to Tucson), the Pima County Attorney's Office determined that, of the 151 cases referred to them as possible cases of voter fraud after 2020, ZERO actually merited criminal charges. There remain a handful of possible fraud cases elsewhere in a the state (less than 50). But, of course, if all known cases of possible fraud in Arizona turned out to be actual fraud and all of those votes were somehow in favor of Biden, there still wouldn't be nearly enough fraudulent ballots to reverse his 10,000+ vote victory out of about 3.2 million ballots cast in the state. Nonetheless, in AZ as well, Republicans are using their lies about "voter fraud" to make it harder to vote and easier for them to cheat in elections.

But the biggest story on today's BradCast involves gerrymandering, perhaps the most critical reason our federal government and our democracy has become so seemingly irreparably broken. Democrats in the U.S. Senate this week have combined the combined Freedom to Vote Act (which, among many other critical election reforms, makes partisan gerrymandering unlawful in all 50 states) and the John Lewis Voting Rights Advancement Act (which restores the requirement for federal pre-clearance of new election laws in states with a history of racial discrimination in elections after SCOTUS gutted the landmark provision) into one single bill called the Freedom to Vote: John R. Lewis Act. All 50 Democrats in the majority claim to support the newly combined bill. Zero Republicans do. But unless two Democratic Senators (Sinema and Manchin) agree to modify the Senate filibuster rule to allow democracy-saving legislation to be adopted with a simple majority vote, none of it will become law and the GOP efforts to game elections will be largely free and clear through 2022.

For several years, experts have been warning that, following the 2020 Census, the new round of redistricting was going to be very bad for Democrats in GOP-controlled states. That, after the U.S. Supreme Court gutted the Voting Rights Act in 2013 and later declared that federal courts may have no say at all on the issue of partisan gerrymandering, But, with about half of the new maps now redrawn by states in advance of the 2022 mid-terms (with several being challenged in state courts), are they as bad as many pundits had foretold?

A number of redistricting experts of late have suggested that the new maps aren't nearly as bad for Dems as they might have been. But is that true? We're joined today by Brennan Center's Senior Counsel for its Democracy Program, MICHAEL LI, who serves as the non-partisan organization's redistricting expert.

Last week, in an op-ed for Washington Post, Li describes the notion that gerrymandering hasn't been too bad for Democrats this year as a "misleading narrative" for a host of reasons. Experts, he notes, had predicted a bunch of safe Democratic seats would be remapped into Republican districts. "They expected Democratic seats to fall," Li explains. "But instead, what Republicans are doing is shoring up the disproportionate advantages they already hold" following the extreme partisan gerrymanders from 2011.

"In Texas, under the old maps, Democrats have 36% of the seats. Under the new maps they have 37% of the seats, so very little change," he tells me by way of just one example. "But the competition is gone. So whereas under the old maps there were competitive districts, under the new maps, even if Democrats got 58% of the vote [across the state], they would still have the same 37% of the seats, which hardly seems fair. Even if Texas turned deep blue, Republicans would have almost a 2-to-1 advantage. That's the perniciousness of the state's gerrymander."

There are other examples, in North Carolina for instance, where the maps are currently being challenged in state courts. We also discuss how the Supreme Court's unwillingness to hear partisan gerrymandering cases has affected all of this and whether or not the Court will similarly begin to turn away racial gerrymander cases as well in the not too distant future.

Li goes on to explain why the Freedom to Vote: John R. Lewis Act --- if Republicans or Manchinema were to allow it to be passed into law --- "would be a game-changer" on this issue. It "would transform redistricting. There would be a ban against partisan gerrymandering in Congressional redistricting. It would be easy to calculate and figure out whether a map violates that and, if a map does, then it's blocked from use pretty automatically, perhaps even in time for 2022 if Congress were to pass it soon."

But, alas, unless there are some surprises in the Senate this week, the bill is unlikely to pass anytime soon. So, what's left? Should Democratic-controlled states, in order to save democracy itself before the 2024 elections, gerrymander their own maps as aggressively as Republicans have? As much as it pains me to do so, I have previously argued that they should. Does Li agree? Tune in to find out!

Finally, before we go, the mid-show breaking news that Rudy Giuliani and a number of others who were very close to the disgraced former President as he was attempting to steal the 2020 election have now been subpoenaed by the House Select Committee investigating the January 6th attack on the U.S. Capitol...

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Guest: Marcy Wheeler of Emptywheel; Also: WI judge bars all ballot drop boxes; OH Supremes nix GOP-gerrymandered state, U.S. House maps...
By Brad Friedman on 1/14/2022 6:45pm PT  

We're fighting again today on The BradCast to prevent the murder of American democracy. Lord knows Kyrsten Sinema and Joe Manchin don't seem to give a damn about it. As usual these days, that means looking both forward and back. [Audio link to full show is posted below this summary.]

On Thursday in Wisconsin, as Election Law Blog described it, a rightwing Circuit Court Judge "suddenly discovers that, despite years of use, absentee ballot drop boxes are actually unlawful." He is now ordering that ballots may be returned only in person (not by family members or neighbors) or by much less secure U.S. Postal Service boxes. Unless overturned on appeal, the ruling could have a chilling effect on critical Gubernatorial and U.S. Senate elections in the Badger State this year, after some 500 secure drop boxes were successfully deployed across the state without incident in 2020.

There is better news for democracy's future this week out of Ohio (of all places). The Republican majority state Supreme Court, in two 4 to 3 rulings --- with the GOP Chief Justice serving as swing-vote with the court's three Democrats --- struck down new maps for both state House and Senate districts, as well as the one drawn up for Congress by Ohio's new Redistricting Commission.

The Commission was created as part of a Constitutional amendment adopted by 71% of voters in 2015, in hopes of doing away with far-right partisan gerrymandering in the Buckeye State. Their constitution now requires maps reflect the general partisan makeup of the state, which the court found leaned 54% to 46% toward the GOP in statewide elections over the past decade. But the Republicans who currently control the Redistricting Committee drew up maps that lean well over 2 to 1 in favor of their own party!

"When the dealer stacks the deck in advance, the house usually wins," the court majority wrote. "[T]he evidence in these cases makes clear beyond all doubt that the General Assembly did not heed the clarion call sent by Ohio voters to stop political gerrymandering." Despite the state's narrow GOP advantage, the Congressional map proposed by the Commission would have given Republicans a 12 to 3 advantage over Democrats in U.S. House races! Shamefully, Justice Pat DeWine --- son of Ohio's Republican Governor Mike DeWine (who, himself, sits on the Redistricting Commission!) --- refused to recuse himself from the vote --- just to give you an idea of how much the GOP is hoping to murder democracy in Ohio. Happily, it didn't work, and Democrats are likely to pick up several U.S. House seats when real maps are drawn up to meet the state constitution's (and voters!) requirements and the Supreme Court's approval.

The state-by-state, court case-by-court case slog to preserve democracy will now continue, as the two obstructionist Democrats in the Senate, Sinema and Manchin, show no signs of defending it in the U.S. Senate. A debate on the two critical federal voting rights and election protection bills they both claim to support --- the Freedom to Vote Act and John Lewis Voting Rights Advancement Act --- will receive a vote next week, thanks to some parliamentary maneuvering to avoid a GOP filibuster to hold a debate. But they are likely to with zero Republican votes for either measure (ten would be needed to overcome the Senate's 60-vote filibuster threshold) unless Sinema and Manchin do the right thing and vote to reform the undemocratic Senate rule. No one believes they will. But at least they'll be on record so voters can hold them accountable --- or try to.

Meanwhile, on Thursday, don't tell Brit Hume, but Oath Keepers founder Stewart Rhodes and ten of his henchmen were charged with seditious conspiracy for their part in the Jan. 6 attack on the U.S. Capitol. The deadly assault was in hopes of preventing the certification of Joe Biden's Electoral College victory as part of Donald Trump's effort to steal the 2020 election.

We're joined again today by MARCY WHEELER, longtime independent investigative national security journalist at Emptywheel.net, to discuss what the new charges may mean as the Dept. of Justice moves up the chain of command in their investigation --- their largest in history --- of the Jan 6. insurrection and how, and if, this brings them closer to the kingpin, our failed former President.

Over the holidays, Wheeler joined guest host Nicole Sandler to lay out a persuasive case that Merrick Garland and the DoJ are, in fact, vigorously working from the bottom up to potentially reach Trump. She described how they are making headway in that regard. Today, Wheeler explains how the new charges are likely to move the DoJ closer to several main instigators of the deadly U.S. Capitol attack, including Trump's right-hand men like Roger Stone, Rudy Giuliani and Alex Jones.

"What the [charge of] seditious conspiracy does, for Rhodes in particular, is it broadens what he was doing and really implicates his efforts to arm everyone," she tells me. "We knew that these efforts continued after January 6th. They still thought that Trump was going to invoke the Insurrection Act. So they were all gathering in Texas and acquiring arms to do that. That shows the continuity of plans beyond just January 6th."

She notes the new charge of sedition also "shuts up the Republicans," who have increasingly claimed the attack wasn't particularly violent, dangerous or any big deal --- and many in the media, naturally, have been going along with that idea. But with charges of sedition "the media is finally paying attention. I've had conversations with about 5 CNN people who, for the last month and a half, were saying 'Nothing was happening,' [but] now are like, 'Wow! Big news!'"

"The real point of this indictment is to turn the screws on the people that are charged to try and get them to flip," Wheeler contends, as prosecutors work their way up from those who committed lesser crimes, through the more violent and pre-planned ones, up to those behind it all.

In addition to the seditious conspiracy charges, prosecutors have added "another conspiracy for interrupting a government official's duty," she observes. "The reason I'm interested in that is when you look at these conspiracies, every single one that has ever been written in this investigation could plunk Trump right into the middle of it."

"But with Stewie [Rhodes], you go beyond January 6th. You start talking about an attack on Joe Biden. That's what I think makes it seditious conspiracy. But the added conspiracy charge of interrupting a government official, that's something Trump did," she argues. "One of things that DOJ has been focused, laser sharp since very early, is the way in which all of these rioters were targeting Mike Pence."

"DoJ is turning the screws," Wheeler claims. "They're trying to get these people to flip. That's what I think you would need to get through to Roger Stone and, beyond him, to others."

As usual with our friend Marcy, there is lot to discuss and digest. She follows all of these cases --- hundreds of them brought so far --- likely as close or closer than anyone in the country. Tune in today for much more on all of this!

Finally, just to leave today on one more encouraging note...Last week, we reported that Virginia's GOP Governor-elect Glenn Youngkin had tapped coal lobbyist turned Trump EPA Administrator Andrew Wheeler as his new Secretary of Natural Resources. But, on Friday, more than 150 former EPA officials who served under both Democratic and Republican Administrations sent a blistering letter to the commonwealth's Democratic-majority state Senate, urging them to reject Wheeler's confirmation. If Ds stick together, they would be able to use their 21-19 majority to stop Wheeler's confirmation dead in his corrupt, coal-dusted tracks...

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Guest: Legal expert John Bonifaz of Free Speech for People; Also: GOP gerrymandering getting worse, Dems running out of time to stop it...
By Brad Friedman on 11/5/2021 6:31pm PT  

On today's BradCast: There is a long list of pretty clear crimes that Donald Trump and his cronies have committed and might have been charged with by now. So far, however, a full year since he lost the election and nearly eight months since Merrick Garland was sworn in as President Biden's Attorney General, there is little sign of accountability for the disgraced former President at the federal level. Citing what they describe as a failure to meet this critical moment for the nation, some legal and Constitutional experts are now calling for Garland to resign. [Audio link to full show is posted below this summary.]

It's not as though the U.S. Department of Justice hasn't been busy in the wake of Trump's four years of undermining both the rule of law and the DoJ itself. They have, to date, brought charges against nearly 700 rioters incited by Trump to attack the U.S. Capitol in hopes of stealing the 2020 election somehow on January 6th.

In recent days, the Department has also filed two federal lawsuits against the state of Texas for their new voter suppression law and their clearly unconstitutional new law banning most abortions in the state. They've also brought suit against the state of Georgia in recent months, challenging their new voter suppression law as well.

Meanwhile, active investigations into Trump's potential violations of law are underway by state and local prosecutors both in New York and Georgia. But, at the federal level, there seems to be nothing, at least in sight, despite a laundry list of legal transgressions by the former President and his accomplices, dating well before his term in office and continuing right up through the very end.

"Over the past thirty years, Merrick Garland served with distinction as a federal prosecutor and then as an appellate judge," a new statement [PDF] and campaign by the nonpartisan legal advocacy nonprofit Free Speech for People (FSFP) begins. "Unfortunately, as Attorney General for the past eight months, he has failed to take any meaningful action to hold accountable former president Donald Trump and his co-conspirators for attempting to overthrow the government on January 6, 2021 and a flurry of criminal acts in the months and years leading up to that date. Instead, he has adopted indefensible positions of the Trump Department of Justice (DOJ) to protect Trump from accountability. Since Garland is unwilling to step up, it is time for him to step down."

Their statement this week concludes: "As long as Trump and his co-conspirators walk free, American democracy is in danger. We need an Attorney General who understands that danger and is willing to take action to protect democracy and the rule of law. Merrick Garland must resign."

In response to FSFP's campaign launched on Thursday, Laurence Tribe, Harvard Law School's renowned legal scholar and Professor Emeritus, tweeted out on Thursday night that while he was "not ready to join this movement", he believes it is "worth noting" as it comes from "serious and responsible" people. "DOJ must take note," he warned.

Joining us to discuss their call for Garland to step down is FSFP's "serious and responsible" Co-Founder and President, JOHN BONIFAZ, a longtime, well-respected Constitutional expert, author and accountability champion. Back in January, before Garland was even sworn in as Attorney General, FSFP led a campaign with nearly a dozen other good government groups and some 200,000 individuals who signed on, calling for the nation's top cop, once sworn in, to form an independent task force to investigate "any potential federal criminal or civil violations that may have been committed by President Trump, members of his administration, or his campaign, business, or other associates."

Now, months later, with no sign of any such task force OR investigation, FSFP has regrettably determined that Garland is not up to the task, with Bonifaz citing the apparent lack of charges --- at least so far --- against former Trump advisor Steve Bannon as "the last straw". Bannon was referred by the U.S. House for criminal Contempt of Congress to the DoJ two weeks ago. But as the group's statement observes, after detailing a panoply of apparent, if uncharged Trump-era crimes: "The last time that the House referred a contempt of Congress charge to DOJ, then-President Reagan’s prosecutors immediately brought the matter to a grand jury; it returned an indictment just nine days after the House vote."

In response to my questions as to whether federal probes could be ongoing at DoJ, but we simply don't know about them yet, Bonifaz cites the agency's prosecution of Trump lawyer Michael Cohen for charges related to a criminal conspiracy the DoJ declared at the time was "directed" by Trump, and the ten or more instances of Obstruction of Justice by the then-sitting President, as cited by Robert Mueller's Special Counsel investigation. While it has been DoJ's (ridiculous) policy that sitting Presidents may not be indicted while in office, that excuse is long gone, Bonifaz argues. "The fact that there's been no action whatsoever on any of these offenses, including the ones that were well-established the moment that Garland took office as Attorney General --- that is deeply concerning, and signals that they ultimately do not intend to engage in holding him accountable. We're ready to be surprised, but at this point, nine months after he has taken office, we need new leadership at the Dept. of Justice, in our view, to ensure that the rule of law is enforced."

Does Bonifaz believe that Biden's DoJ may be trying to protect the office of the President itself from charges of political bias or from the DoJ being used as --- or being seen as being used as --- a political weapon? "What is at issue is that the Donald Trump Administration and Donald Trump himself used the Dept. of Justice as his own private agency to cover up. So what's critical now is that the Justice Department establish itself as an independent agency that's not going to carry out the political agenda of the President. If anything, doing what they're doing, in this particular instance, indicates somehow that they may have political considerations at stake," he contends. "That they may not want to engage in indicting a former President because of the impact it will have on the current President and his own political agenda --- that is just as wrong as a decision by Donald Trump to misuse the Justice Department for his own political purposes."

"There is no get-out-of-jail-free card because it's hard for the nation to handle it, or because we somehow need to come up with this fiction that the President is protected in a special way than others are," he asserts. "He's a former President, and if he engaged in these federal crimes, he needs to be held accountable."

There is, of course, MUCH more from Bonifaz today on all of this, including whether he thinks folks like Harvard's Tribe and other accountability groups may sign on to FSFP's effort) they are collecting signatures on a petition at GarlandMustResign.org); the outrage of actual legal protections the DoJ has been offering on Trump's behalf in court; and whether he believes that state prosecutors in New York and Georgia, at this point, are more likely to ultimately bring at least some accountability for at least some of Trump's many crimes.

Also on today's show, more troubling evidence of outrageously extreme partisan gerrymandering being enacted as we speak by Republican-controlled states around the country, and the need --- for the survival of democracy itself --- for Democrats to step up in response, whether by partisan gerrymandering states that they control or, preferably, by passage of federal voting rights and election reform legislation in Congress, such as the Freedom to Vote Act, to ban partisan gerrymandering in all 50 states prior to the 2022 midterm elections...

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