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Latest Featured Reports | Thursday, August 5, 2021
Establishment v. Progressives in OH Special and 'Death by DeSantis': 'BradCast' 8/4/21
Guest: The Nation's John Nichols on all of that, plus infrastructure; Also: We found a Repub Guv who seems to regret killing people!...
NY's Going Through Some Things...and Other Dark News: 'BradCast' 8/3/21
NY AG details Cuomo harassment; NYC to require vax proof; COVID records, havoc in South -- unvax'd and influencers to blame; Also: Trump's new jihadi social network...
'Green News Report' 8/3/21
  w/ Brad & Desi
Infrastructure Week is happening!; Mudslide shuts I-70 indefinitely in CO; Washington county bans new fossil fuel infrastructure; PLUS: Massive new wildfires across the globe...
Previous GNRs: 7/29/21 - 7/27/21 - Archives...
4th Surge and Callers on Why They Finally Got Vax'd (Or Still Haven't): 'BradCast' 8/2/21
Also: Biden's landmark infrastructure agenda takes another step forward in the Senate...
CANNING: The Legal Case for Compulsory Vaccinations
...and for patent waivers for life-saving innoculation drugs...
Sunday 'No Vaccine for Stupid' Toons
For whatever ails you, it's Pdiddie's latest collection of the week's best toons...
'American Fascism' Rising (But Not YET Unavoidable!): 'BradCast' 7/30/21
Guest: Author Brynn Tannehill; Also: Trump pushed DoJ to falsely claim 2020 election was 'corrupt'; Biden DoJ confirms IRS must give Trump tax docs to Congress...
Long Struggle for TX Voting Rights Laid Bare in U.S. House Hearing: 'BradCast' 7/29/21
Also: AZ GOP state Senate liaison UNresigns as 'botched' 2020 'audit' falls apart; Biden unveils new vax incentives as Delta surges...
'Green News Report' 7/29/21
  w/ Brad & Desi
Infrastructure bill inches forward in Senate; FL slammed by massive, toxic red tide; Extreme heat curbing nuclear plant reliability; PLUS: OR enacts historic clean energy legislation...
Previous GNRs: 7/27/21 - 7/22/21 - Archives...
GOP's AZ Election 'Audit' Coming Apart at the Seams: 'BradCast' 7/28/21
Guest: John 'Bamboo' Brakey of AUDIT-USA; Also: Bipartisan Senators reach agreement on $1T infrastructure deal; Biden to require vax or tests for federal work force...
'A Cancer on Our Constitutional Republic': 'BradCast' 7/27/21
Harrowing testimony at first hearing of 1/6 Committee hearing; Also: More unvaccinated regrets, new CDC mask guidance as Delta variant rises...
'Green News Report' 7/27/21
London drowning; Middle East burning; Lake Powell's lowest level ever; PLUS: Study warns extreme heat will be much more frequent, costly...
L.A.s New 'Vote Centers' Make Recounts All But Impossible: 'BradCast' 7/26/21
Guest: Ian Patton of Long Beach Reform Coalition; Also: COVID deniers learn they were wrong...the hard way...
Sunday 'Gold Medal' Toons
PDiddie's latest, award-wanting collection of the week's best toons!...
Break Them Up! AntiTrust To the Rescue: 'BradCast' 7/23/21
Guest Host Nicole Sandler with author/journalist Cory Doctorow...
'Green News Report' 7/22/21
Catastrophic flooding in China; Health alerts from Western wildfires triggered as far as the East Coast; PLUS: Utility giant PG&E finally pledges to bury its power lines...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

DOJ PROBE SOUGHT AFTER VA ARREST
Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

ALL TOGETHER: ROVE, SPROUL, KOCHS, RNC
His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

FINALLY: FOX ON GOP REG FRAUD SCANDAL
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

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

CRIMINAL PROBE LAUNCHED INTO GOP VOTER REGISTRATION FRAUD SCANDAL IN FL
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

CAUGHT ON TAPE: COORDINATED NATIONWIDE GOP VOTER REG SCAM
The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

CRIMINAL ELECTION FRAUD COMPLAINT FILED AGAINST GOP 'FRAUD' FIRM
Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

RICK SCOTT GETS ROLLED IN GOP REGISTRATION FRAUD SCANDAL
Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

RNC FIRES NATIONAL VOTER REGISTRATION FIRM FOR FRAUD
After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

GOP REGISTRATION FRAUD FOUND IN FL
State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...


Also: Rudy's woes worsen; Heat wave kills hundreds in U.S. and Canada; How Rupert Murdoch's Fox 'News' broke the nation and the planet...
By Brad Friedman on 7/8/2021 6:34pm PT  

On today's BradCast, we're still trying to clean up the deadly mess from the past four years of Donald Trump and the nearly 20 since 9/11. [Audio link to today's full show is posted below summary.]

Among our stories today...

  • More bad news for Rudy Giuliani, after he was foolish enough to throw away whatever shreds were left of his reputation in order to serve as the attorney for a well known con-man. Oh, well. In addition to facing a federal probe for his foreign work on behalf of Donald Trump, facing two different billion dollar defamation suits by voting machine companies he lied about, facing lawsuits from members of Congress for having helped to incite the deadly January 6 insurrection at the U.S. Capitol, and seeing his law license suspended in New York for having lied on Trump's behalf that the 2020 election was stolen, Rudy has just had his law license suspended in Washington D.C. for the same reasons. Womp womp.
  • In significantly sadder news, even as COVID infections and deaths continue to plummet in much of the country, both are now spiking in pockets of Trump Country where his duped followers are refusing to get vaccinated. Missouri has now become the nation's hotspot, with infections rates up nearly 50 percent across the state, but much higher in the farthest rightwing pockets of the state, where there is a shortage of ventilators and respiratory specialists to handle the surge. Infection rates have spiked more than 70 percent in some areas of the Show-Me State, and include hospitalizations for a number of patients in their 20s and 30s as the Delta variant grows in dominance. Hospital officials fear the numbers may get far worse over the next week or so, in the wake of the 4th of July holiday weekend. What are state officials doing about it? Republican Governor Mike Parson just signed a law passed by the GOP-dominated state legislature to shield businesses and churches from COVID-related lawsuits.
  • Correctly describing it as an "unwinnable war", President Biden announced that all U.S. combat troops would be out of Afghanistan no later than the end of August, somewhat earlier than his announced plans of leaving the war-torn nation by this year's 20th Anniversary of the 9/11 attacks. He spoke to criticism from those who believe he's pulling out from America's longest war too soon, with the Taliban already taking back control of the country as the U.S. leaves. "How many more thousands of American daughters and sons are you willing to risk?,” Biden asked, adding: "I will not send another generation of Americans to war in Afghanistan, with no reasonable expectation of achieving a different outcome." He also vowed to help safely evacuate thousands of Afghani translators, drivers and others who assisted the U.S. mission, as they now face certain danger from the Taliban. And he took questions from the press about whether 2,300 Americans deaths, more than 20,000 U.S. casualties and more than a trillion tax-payer dollars spent on the conflict over the past 20 years was all worth it. We share some of his remarks today.
  • After breaking the nation, the world and arguably the planet itself (with years of climate change denialism), Rupert Murdoch's Fox "News" will soon be expanding to break the weather as well. "People are hungry for more information about what the hell is going on with the weather because of climate change," Desi Doyen notes today. "So now you can get not only rightwing media news, you can get your rightwing weather, that will tell you only things about the weather that you want to hear!"
  • But now, at least one very long time former Fox executive close to Murdoch is speaking out against his old boss for "the real damage that Fox News is doing to America." That includes "the unnecessary deaths of many Americans" fueled by sowing doubt about COVID-19 and spreading lies about the 2020 Presidential election. "Fox News has caused many millions of Americans --- most of them Republicans (as my wife and I were for 50 years) --- to believe things that simply are not true," writes Preston Padden at the Daily Beast this week, after decades at Murdoch's network, where worked closely with its now 90-year old CEO since the company's inception in the 1980s.
  • Finally, its our first Green News Report since returning from our July 4th break, after a week of record smashing temps in the Pacifica Northwest and Canada which killed hundreds, to the record breaking Elsa which stormed ashore in Florida on Wednesday and is wreaking havoc up the Eastern Seaboard today. Plus, a whole lot of both disturbing and encouraging climate news items for us to get caught up with after taking last week off...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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The intransigence of WV's conservative Democratic Senator threatens the republic and advances the GOP's cynical detachment from reality...
By Ernest A. Canning on 5/31/2021 1:17pm PT  

The stubborn refusal on the part of Senator Joe Manchin (D-WV) to eliminate or even reform the filibuster --- at least as it pertains to Voting Rights Legislation --- along with his refusal to join with his 49 Democratic colleagues in the Senate who have co-sponsored the For the People Act of 2021 endangers the very survival of our democracy.

The For the People Act, already passed as H.R.1 in the House and currently pending as S.1 in the Senate, is a comprehensive election, campaign, ethics and voting rights reform measure that would, among other things, eliminate partisan gerrymandering of Congressional Districts, curb dark money campaign contributions, and preempt many state-based GOP voter suppression and intimidation laws, schemes and tactics around the country.

As we previously reported, representative democracy, or what President Abraham Lincoln described as "government of the people, by the people and for the people," faces a moment of grave peril. One of the nation's two major political parties has morphed into an authoritarian cult that has not only launched a state-by-state, all-out assault on the right to vote, but has also joined with their cult leader, former President Donald J. Trump, and right-wing propaganda outlets; waging a war against the very existence of a fact-based reality.

The latest example of that war on truth occurred on May 28 when 44 Senate Republicans used the filibuster to block the creation of a bipartisan Commission by a majority of Senators to investigate the deadly January 6 insurrection. The obstruction vote in the Senate coincided with a new poll revealing that 53% of Republican voters actually believe the Big "Stop the Steal" Lie that the 2020 election was stolen from Trump.

Prior to last week's Senate vote, Manchin naively expressed the belief that there were at least ten "patriots" amongst the 50 Senate Republicans, who would vote to create the Commission. When he was asked whether he'd support ending the filibuster if there were an insufficient number of "patriots" within the Senate's Republican Caucus, the West Virginia Democrat replied: "I'm not willing to destroy our government, no."

It's unclear precisely what form of "government" Manchin was referring to, but it most certainly was not a representative "democracy"...

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




Guest: Heather Digby Parton of Salon and Hullabaloo; Also: More on the D.C. Police ransomware hack; And Colonial Pipeline reopens after attack...
By Brad Friedman on 5/12/2021 6:08pm PT  

For reasons explain on today's BradCast, we've avoided coverage over the past week or two of the twisted internecine warfare going on inside the GOP. But, as of today, we can ignore it no longer. [Audio link to full show is posted below summary.]

About 100 former Republican officials (the key word here may be "former"), will reportedly be releasing a statement on Thursday, threatening to start a new party if the GOP fails to roll back from its worsening Trump Big Lie madness. Those former officials should expect to be disappointed.

On Tuesday night, on the eve of today's GOP caucus vote in the U.S. House to oust longtime, far-right, conservative Wyoming Rep. Liz Cheney (daughter of Dick) from her role as Conference Chair (third-highest ranking Republican leadership position in the House) she took to the House floor to vow she would not roll over for the dangerous, evidence-free claims of a stolen 2020 election being propagated by her crumbling party.

Therefore, on Wednesday morning, she was removed from her leadership position during a cowardly, 15-minute voice vote in a GOP conference meeting after Minority Leader Kevin McCarthy hung her out to dry. (He had previously both condemned Trump's behavior for fueling the deadly January 6th MAGA Mob attack on the U.S. Capitol and supported Cheney. But, of late, he has decided to cast his lot with the disgraced, sore loser ex-President instead.)

After the vote, Cheney defiantly reiterated her belief that the Party "must go forward based on truth" and "cannot both embrace the Big Lie and embrace the Constitution," adding that she would "do everything I can to ensure that the former President never again gets anywhere near the Oval Office."

We're joined today by our friend HEATHER DIGBY PARTON of Salon and Hullabaloo to discuss the seeming meltdown and inflection point within the GOP, where Cheney will most likely be replaced in her leadership role by New York Rep. Elise Stefanik. She has a far less Trumpy voting record than Cheney (for instance, unlike Cheney, Stefanik voted against the 2017 Trump/GOP tax cuts.) But, also unlike Cheney, Stefanik is happy to lie about the results of the 2020 election on behalf of Donald Trump. That is, apparently, all that now matters for the Republican Party.

There is a lot to talk about on this front today, including what Parton describes as a bid by Cheney to offer an alternative path back to the White House for Republicans, even though fealty to falsehoods and a failed sociopathic President now appears to be perhaps the only real "value" left in the once Grand Old Party.

"Don't get me wrong," Parton says today. "I disagree with [Cheney] on everything. She's as far right as it gets, and if she runs for office, I will be the first one in line to oppose her. But this is not a partisan issue. Or it shouldn't be. Because this is really an assault on our democratic process."

However, she adds later, "This is a political move on her part. At some point, she, and I'm sure her father, decided that there was an opening at this moment for someone to be the face of the anti-Trump Republican, and she was a good choice for doing it. The party is going to be looking for a woman nominee. It may be 2024, it may not be until 2028. They are positioning her as the tough, real, rightwing conservative who stood up to Donald Trump and guess what? She's a woman, too. 'There's  not going to be anything Liz Cheney isn't tough enough to take on'."

As usual, Parton has many smart insights on all of this.

Finally, a couple of quick updates on some stories we covered in detail on our previous BradCast. Some new and disturbing news on the ongoing ransomware attack against the D.C. Metro Police, and late breaking news today that the Colonial Pipeline has begun to reopen after a five day shutdown due to a ransomware attack there as well. No word yet on whether Colonial, owner of the nation's largest pipeline network --- running from Texas to New Jersey and supplying about half of the gas, jet fuel and diesel for the Eastern Seaboard --- paid off the hackers to restore their crippled computer networks to restart the pipeline...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Cybersecurity journalist Kim Zetter; Also: Judge nixes NRA's 'bad faith' bankruptcy; New AZ law will purge voters from mail-in ballot list...
By Brad Friedman on 5/11/2021 6:24pm PT  

Today on The BradCast, we slide down the slippery, oil-soaked slope of increasingly dangerous ransomware attacks with, as our guest warns today, "nothing" to stop one from taking out an election in the not-too-distant future.

But, first up, some better news out of a federal courtroom in Texas this afternoon, where a judge has nixed the National Rifle Association's attempt to escape accountability for massive corruption and self-dealing in New York, where state Attorney General Letitia James is suing the 150-year old "charitable" group to dissolve it. The NRA had filed for bankruptcy protection in order to duck NY's lawsuit and re-charter itself in the Lone Star State, where apparently they welcome corrupt "charitable" organizations. As we discussed on the show last week, with NRA expert and author Igor Volsky, the group's leader Wayne LaPierre, remarkably, filed for Chapter 11 protection without the knowledge of its Board of Directors or General Counsel. The judge described that as "shocking" and found that the NRA was unlawfully hoping to use the bankruptcy proceedings to avoid the NY state litigation. Judge Harlin Hale didn't buy it, however, and dismissed the "bad faith" filing today after an 11-day trial. The NRA will now have to face the music in NY, where the state AG declared in response: "No one is above the law." (We'll hope that's also true in her ongoing probe of bank and tax fraud by Donald Trump and his Trump Organization as well. She already succeed in shutting down HIS phony "charity", calling itself the Trump Foundation.)

Also today, more breaking news out of Arizona. Despite claims from some state Republican Senators that they are embarrassed by the clown show currently playing out in Phoenix with the Cyber Ninjas' "audit" theater of 2.1 million ballots from the 2020 Presidential election in Maricopa County, (one such GOP Senator who voted for the exercise now laments, "It makes us look like idiots"), the same Senators passed legislation on Tuesday to make it harder for some 140,000 Arizonans to vote. Republican Gov. Doug Ducey signed the new law today, less than an hour after passage, which would purge voters from the permanent mail-in ballot list if they fail to vote in two elections in a row and then fail to return a letter within 90 days of it being sent to them. Democrats and some businesses charge that the measure disproportionately targets voters of color. But, of course, that's a feature, not a bug for the state GOP, still smarting from having lost the Presidential election and both of its U.S. Senate seats to Democrats.

Then, we're joined by longtime cybersecurity and national security journalist KIM ZETTER to discuss the ransomware attack which has led to the shut down of the Colonial Pipeline. The company's network supplies nearly half of the gas, jet fuel and diesel used on the Eastern Seaboard, as is snakes some 5,500 miles from Texas to New Jersey.

Zetter explains how this attack, attributed to a Russia-based group calling themselves DarkSide, was apparently able to burrow its way into Colonial's corporate IT computer network, if not to the operational computer network that actually controls the pipeline system, as well as why the company quickly decided to shut down the pipeline itself anyway.

After sharing some details she has gleaned from sources, including pipeline customers and suppliers, we discuss the recent rise of ransomware attacks which are extraordinarily effective and difficult to prevent. Many companies and organizations --- businesses large and small, hospitals, banks, and both state and local governments --- are now forced to pay the ransom demanded by the cyber-terrorists. Even today, news broke that negotiations between ransomware attackers and the D.C. Metropolitan Police have broken down, with the attackers now threatening to publicly release a sensitive list of police informants if more money is not offered. (The group is demanding $4 million, but claims the Department has offered only $100,000.)

"Unfortunately, this is an industry now," Zetter explains, describing the firms that now specialize in serving as negotiators with the hackers, while helping the crippled companies restore their systems with decryption tools supplied by the hackers once ransom has been paid.

Zetter is also one of the few journalists in the nation that has been covering concerns and vulnerabilities in computerized voting and tabulation systems as long as me. I spent many a sleepless night last year concerned about the possibility of a ransomware attack on wildly vulnerable state and county elections systems. "Nothing" can prevent such an attack, warns Zetter, especially on systems that are often left exposed and vulnerable on the Internet all year around, even when there are no current elections under way (as we discussed in detail with Zetter in 2019.)

As you may imagine, we've got lots to talk about with Zetter today. She has written for years on these matters at outlets such as Wired, Politico, New York Times, Vice's Motherboard and is the author of the book Countdown to Zero Day: Stuxnet and the Launch of the World's First Digital Weapon. She also now writes her own newsletter called Zero Day, covering all of these topics and more.

Finally, Desi Doyen joins us with the latest Green News Report, with more on how the shutdown of the Colonial Pipeline, the largest such network in the nation, is crippling the fuel supply on the East Coast; how a new study finds air pollution from farms causes thousands of premature deaths each year in the U.S.; more ominous signs of the worsening drought in California; and some much better news regarding electric vehicles and action being taken by the Biden Administration to restore landmark federal protections for migratory birds after the Trump Administration had dismantled them...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest host Nicole Sandler with Rep. Ted Deutch, journalist Ryan Grim...
By Nicole Sandler on 4/16/2021 8:10pm PT  

NICOLE SANDLER here, once again guest hosting The BradCast. I'm numb today, as there was yet another mass shooting overnight. This one was at a Fed Ex facility in Indianapolis. The shooter, a 19-year old former employee, killed eight people before turning the gun on himself.

That follows another cop killing another Black kid, another school shooting, and another mass shooting before that…all within the last few weeks. And that's a non-exhaustive list.

I live in Coral Springs, FL. We're next door to Parkland, with whom we share Fire and Police departments. Obviously, we know from mass shootings down here.

My congressman is TED DEUTCH. Since the massacre of 17 students and staff at Marjory Stoneman Douglas High School three years ago, Congressman Deutch has really stepped up his game on trying to do something about our national gun problem.

He was a guest on my own show Monday, and given the latest swarm of shootings, I thought that would be a good segment to include today.

Yesterday, I awoke to a story at The Intercept from RYAN GRIM, who reported that a group of progressive members of Congress were going to, on Friday, introduce a plan to expand the Supreme Court from its current nine members to 13. He joins us today to put that story into context, to explain why the PRO Act is so important, and a bit about the possibility of DC statehood anytime soon.

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!




D.C. Guard Commander's Senate testimony underscores need for probe...
By Ernest A. Canning on 3/17/2021 10:52am PT  

For more than two months, the FBI has been rounding up and charging hundreds of Trump-incited insurrectionists who, in hopes of preventing the Congressional certification of Joe Biden's Electoral College victory last November, stormed the U.S. Capitol on January 6th.

But a number of key questions remain wholly unanswered following the unprecedented attack on our very system of representative democracy. Central to several of those questions is Donald Trump's own, personal, behind-the-scenes machinations to help instigate the uprising and, perhaps, prevent the deployment of the military to help quell the rebellion he encouraged.

The March 3rd Senate committee testimony of Major General William Walker, Commander of the D.C. National Guard, describing a seemingly inexplicable delay in authorization for his troops to provide relief to the U.S. Capitol under siege, underscores the need to determine whether there is a connection between Trump's post-election November 2020 purge of the top civilian leadership at the Department of Defense (DoD) and the January 6th assault.

The purge at the Pentagon began two days after media outlets called the Presidential Election for Joe Biden, when Trump fired Secretary of Defense Mark Esper. Within days, four senior DoD officials either resigned or were fired and replaced by what CNN characterized as "conspiracy theorists and Trump loyalists." Christopher Miller became the Acting Secretary of Defense. Kash Patel, who had previously worked for the disgraced Rep. Devin Nunes (R-CA) on the House Intelligence Committee, was appointed to serve as Miller's Chief-of-Staff.

While one Pentagon official described the November purge as "scary", "unsettling" and the moves one would expect from a "dictator", CNN noted in its contemporaneous account that "no one at the Pentagon has an understanding as to what the grand plan is."

Walker's testimony before the Senate Rules and Homeland Security Committees earlier this month, together with other publicly known evidence, points to a distinct likelihood that, once it became clear he couldn't rely upon the U.S. military to carry out a coup, Trump's "grand plan" entailed a stand-down of the D.C. National Guard while his "personal army", an incited mob of white supremacists, stormed the Capitol on January 6...

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




Landmark bill would enact long-overdue voting reforms, but needs at least one key rewrite to close a loophole regarding hand-marked paper ballots...
By Ernest A. Canning on 2/5/2021 10:35am PT  

As their first official bills in each chamber of Congress --- H.R.1 in the House and S.1 in the Senate --- Democrats are proposing a remarkably ambitious election, campaign and ethics reform measure which would go a long way towards enhancing our system of democracy. At least one important rewrite is needed, however, in order to close a loophole in its mandate regarding hand-marked paper ballots.

H.R.1 or the For The People Act of 2021, was introduced by Rep. John Sarbanes (D-MD) with hundreds of Democratic co-sponsors on January 4. It is supported by both Democratic House Speaker Nancy Pelosi and Senate Majority Leader Chuck Schumer.

With the exception of partisan gerrymandering as applied to State legislative offices --- which is out of the hands of federal lawmakers --- the bill would, for all intents and purposes, outlaw a wide array of voter suppression, intimidation and deceptive practices that have, for decades, been used to undermine American democracy.

The massive bill, clocking in at nearly 800 pages, also includes Congressional ethics reforms and other important measures, but we focus here on the statute's provisions to help outlaw suppressive measures and improve election security, transparency and the verifiability of results.

As presently written, the measure appears to mandate the use of "voter verified permanent paper ballots" in all federal elections. That aspect, however, must be improved with minor, but very important revisions to mandate the availability of hand-marked paper ballots --- the only type that can be known to be "voter verifiable" --- for all voters at the polling place for both early and Election Day voting.

H.R.1 also includes provisions for either hand-counting of paper ballots or the use of optical scanning computers accompanied by Risk Limiting Audits. It includes mechanisms to fund those post-election activities.

The bill provides for minimum periods during which States must make early voting available in federal elections and promotes, streamlines and secures mail-in voting. It tightens ethical standards and also takes a stab at reducing the role of dark money in campaigns, while prohibiting the presence of foreign money and interference in our elections. This includes a mandate that TV, radio and online platforms "make reasonable efforts to ensure that [election-related] communications...are not purchased by a foreign national".

The real question isn't whether H.R.1, if appropriately amended, should become law. The question is whether a sufficient number of Senators are willing and able to do what is necessary to ensure it becomes law...

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




Guest: Progressive columnist, broadcaster Richard 'RJ' Eskow on Trump's bitter end, Biden's difficult new beginning, America's challenges ahead...
By Brad Friedman on 1/19/2021 6:17pm PT  

It's our final BradCast with Donald Trump still serving as President of the United States! Though it's likely to take a while before the stink fully dissipates. [Audio link to the show follows below the summary.]

The soon-to-be-former President is said to have been in a foul mood all weekend (SAD!) as he prepares, reportedly, to announce as many as 100 or more last minute Presidential Pardons. Reporting today suggests he will not issue pardons for either his family or himself (or even for the under-indictment Steve Bannon or the reportedly under-federal investigation Rudy Giuliani). Color us dubious about that, however.

The failed President's mood was undoubtedly not brightened by Republican Senate Leader Mitch McConnell, who --- while convening the Senate for what is likely his last full day as Majority Leader --- declared that Trump "provoked" the violent attack and riots at the U.S. Capitol on January 6th. That may not be a good sign for the disgraced man who will face an Impeachment Trial in that same Senate in coming days, as the first ever twice-Impeached President.

The fact that few wish to show up to send Trump off from Joint Base Andrews on Wednesday morning, or that tons of A-List stars are showing up for Joe Biden's inauguration, probably hasn't made Trump any less bitter. So at least America can be happy about that. Trump did release a video today in which he bid "farewell" to the nation (promises, promises), and --- without mentioning Joe Biden's name --- said out loud that there would be a "new administration" as of Wednesday.

That may still come as a shock to many of those gullible supporters of his to whom he's spent the last several months lying about that fact. But since he's been banned from Twitter, according to new research, misinformation about the election has plummeted on social media sites, along with hate speech and calls for violence. Go figure.

Still, as Biden and Vice President-elect Kamala Harris held a moving memorial service for the more than 400,000 Americans killed by COVID-19 thanks to Trump's delinquent response, the streets of D.C. are otherwise locked down tight today in advance of Wednesday's inauguration.

We're joined from D.C. today by progressive columnist and broadcaster RICHARD 'RJ' ESKOW of The Zero Hour to discuss a whole bunch of related stuff. Our conversation ranges from the on-edge mood in the nation's capitol on the eve of an unprecedented Inauguration Day lockdown to Eskow's concerns about Big Tech's muzzling of political viewpoints (even Trump's) to questions of accountability for the outgoing President and to what the former health insurance executive and senior writer for Bernie Sanders' 2016 campaign thinks of Biden's cabinet selections and stated agenda to date.

Finally, Desi Doyen joins us for our last Green News Report of the Trump Presidency, with some good news on Biden's economic recovery plan and his intention to reverse a host of environmental rollbacks by the previous Administration; some good news on the zombie Keystone XL pipeline, and; some very good news from the courts, late today, regarding the Trump EPA's failed attempt to allow coal-fired power plants to continue to pollute and contribute to deadly global warming.

Yes, it's the end of an error...with a lot of cleaning up to do in the days, weeks, months and, sadly, years ahead. But at least we will soon have all of that to look forward to, with the nation's worst ever President, hopefully, becoming nothing more than a terrible terrible memory...

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Deception, repeatedly rejected meritless claims and two 'beyond the pale' 11th-hour lawsuits justify legal discipline, perhaps even disbarment...
UPDATE, 1/1/21: Ohio State Law Professor describes latest assault on election as 'breathtaking and preposterous'; UPDATE, 1/2/21: Court dismisses Gohmert 'legal' challenge; UPDATE, 1/3/21: 5th Circuit panel denies Gohmert motion for an expedited appeal; UPDATE, 1/4/21: DC District Court denies motion for a preliminary injunction; contemplates imposing sanctions...
By Ernest A. Canning on 12/31/2020 10:35am PT  

As recently reported by John Kruzel of The Hill, the attorneys taking part in Donald Trump's dishonest effort to overturn the results of the Nov. 3 Presidential election "face mounting ethics complaints" that could result in sanctions ranging from fines to censure, suspension or even disbarment.

Michigan's Democratic Attorney General Dana Nessel recently explained why she is seeking to have Team Trump attorney Sidney Powell and others subjected to discipline, including disbarment, for professional misconduct in conjunction with continuing frivolous legal efforts to overturn the results of the Nov. 3 Presidential Election...

Every lawyer, in order to become a licensed professional, takes an oath of office in which they swear to uphold the Constitution. Instead, she [Powell] has done nothing but undermine it. There are so many Rules of Professional Conduct. You can't bring frivolous lawsuits that are not based on fact or the law. You can't have fraud, deceit, misrepresentation, things that are prejudicial to justice. You can't knowingly bring evidence that is false, or make misleading claims. She's broken each and every one of these in all of her cases. Just in the Michigan cases alone, she's breached each and every one of these codes of conduct.

Nessel's observations are certainly consistent with Rules 3.1 and 3.3 of the Michigan Rules of Professional Conduct [PDF] which prevent the pursuit of frivolous claims and forbids attorneys from knowingly making false statements of fact or law to any tribunal. "An action is frivolous," Rule 3.1 explains, "if the lawyer is unable to make a good-faith argument on the merits of the action taken, or to support the action taken by a good-faith argument for an extension, modification, or reversal of existing law."

MI's rules are in line with the American Bar Association's Rules of Professional Conduct as well.

Nessel is by no means alone in her critique of the dubious legal tactics being taken by a number of attoneys allied with Trump. In Delaware, a state judge, on his own motion, issued an order "to Show Cause why the permission to practice" pro hac vice (in a specific case), previously extended to out-of-state Georgia Attorney L. Lin Wood, Jr., should be "revoked". The court believes Wood may have "engaged in conduct in other jurisdictions, which, had it occurred [in a Delaware case], would violate the Delaware Lawyers' Rules of Professional Conduct."

There's a growing body of evidence that multiple attorneys have knowingly pursued frivolous claims that in hopes of undergirding Trump's dangerous and baseless conspiracy theories that the election was somehow stolen from him. They've piled up 59 losses in state and federal courts, many entailing outright dismissals by judges who described the pleadings as "without merit". Yet, that didn't stop right-wing groups of attorneys from recently filing 11th hour federal complaints that are not merely meritless but beyond the pale. So much so, that the D.C. and state bar associations might consider imposing the ultimate tool of attorney discipline --- disbarment...

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




Multi-State legal challenges expose illegality, but it may be too late to fully repair damage even if Trump's Postmaster General is ordered to do so...
By Ernest A. Canning on 8/24/2020 7:35am PT  

Even if several multi-state legal challenges result in a federal court order directing Postmaster General Louis DeJoy to repair the damage wrought by his allegedly "illegal" sabotage of the U.S. Postal Service's mail delivery capabilities, absent significant additional funds, it's unlikely DeJoy could fully comply with that order.

The facts laid out in one of the recently filed cases and echoed in the others, along with subsequent developments, suggest that DeJoy was, at best, disingenuous when, in an August 18 formal statement [PDF], he claimed he was "suspending" his nationwide mail sorting, labeling and delivery changes until after the Nov. 3 Presidential Election.

The complaint describes how, pursuant to an Equipment Reduction Plan [PDF], Defendants removed, dismantled and/or destroyed 671 high-speed sorting and labeling machines that had a combined hundreds of millions of dollars in value. As a result, the States allege, "some major cities have already had their ability to sort mail reduced by hundreds of thousands of pieces of mail per hour." (Emphasis in original text).

On the same day that DeJoy issued his "suspension" statement, emails were submitted by Kevin Couch, the USPS Director of Maintenance Operations, informing Maintenance Managers that, irrespective of instructions from their plant managers, they must not reconnect or reinstall sorting machines that had previously been disconnected absent approval from USPS HQ.

Last Friday, while testifying before the U.S. Senate, DeJoy made it clear that he has "has no intention" of reinstalling the sorting machines, even as he claimed that election related mail would receive top priority from the Postal Service. Contrary to DeJoy's rosy predictions, however, the USPS's own Service Performance memo reflects a significant drop in overall performance which precipitated a USPS warning to 46 states that their deadlines for Vote-by-Mail ballots "might impede the timely delivery of mail-in ballots, possibly disenfranchising millions of voters"

While there's ample reason for a court to order reinstallation, absent significant additional USPS funding, which Trump opposes, it is doubtful that DeJoy could fully undo the damage even if he were ordered to do so.

VOTERS BEWARE: Do not be lulled into a false sense of security by DeJoy's "suspension" of changes at the USPS until after Election Day, or by his unsupported assurance that USPS can timely process and deliver every ballot. The wiser course, as laid out in our previously related article, is to deposit your mail-in ballots in secure, state-supplied drop-boxes (where available) or at designated drop-off locations. Check your local jurisdictions to learn what options may be available where you live. In some jurisdictions, voters can deposit their mail-in ballots at the polls either during early voting or on Election Day. In some jurisdictions, voters can link to election official websites to track the processing of their own ballots as well...

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




With Brad Friedman & Desi Doyen...
By Desi Doyen on 6/30/2020 11:25am PT  

IN TODAY'S RADIO REPORT: U.S. fracking pioneer Chesapeake Energy files for bankruptcy; BP warns investors of a future with less oil; Sorry, endangered species, U.S. Supreme Court won't stop Trump's border wall for you; PLUS: Flood risks to U.S. homes far higher than previously estimated... All that and more in today's Green News Report!

PLEASE CLICK HERE TO HELP US WITH A (MUCH-NEEDED) DONATION to celebrate 1000+ episodes of independent, listener-supported climate, energy and environmental news! Thank you!

Listen online here, or Download MP3 (6 mins)...

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Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): House Democrats unveil ambitious climate package, steering toward a net-zero economy by 2050; South Pole warmed three times the global rate in last 30 years; PGE first major utility to support bans on natural gas; Democrats’ infrastructure bill has a special delivery: Electric mail trucks; Clean Energy Milestone: First offshore wind installed in U.S. federal waters; China’s CO2 emissions surged past pre-coronavirus levels in May... PLUS: Space agencies unveil site showing lockdown changes to Earth... and much, MUCH more! ...

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Guest: Down With Tyranny's Howie Klein on progressives wins and losses on Tuesday and those still to come...
By Brad Friedman on 6/3/2020 7:12pm PT  

Sure, I admit today's BradCast is a bit breathless, but you try and keep up with all of this madness happening, breaking, changing and then changing again all at once while trying to make calm, cool, collected sense of it all for listeners in just under an hour! As usual, we do our best. Wish us luck. [Audio link to full breathless show is posted below the summary.]

Somewhere amid the mayhem of our latest program you will find coverage of...

  • New charges brought today against the four Minneapolis police officers responsible for killing George Floyd last week. (BRAD BLOG's Ernie Canning foreshadowed as much in his report on the results of a new independent autopsy of Floyd earlier today.);
  • Protests against Floyd's ghastly murder-by-cop continue around the country for a tenth day;
  • Trump (as we predicted yesterday) begins to back away from his tough guy threats to send U.S. military troops to cities across the country to "dominate" peaceful American protesters;
  • Trump's Secretary of Defense Mark Esper claims he didn't know where he was going when he joined Trump's pathetic photo-op with a bible iin his hands in front of St. John's Episcopal Church on Monday, after federal storm-troopers were ordered to clear out peaceful protesters and church staff with tear gas, rubber bullets and other violence to take the shot. Esper now says that he opposes using federal troops against Americans, even though he described American cities as "battle spaces" during a phone call with Governor's on Monday;
  • A senior Pentagon adviser resigns, charging that Esper "violated" his oath to protect and defend the Constitution;
  • Even Pat Robertson tosses Trump under the bus after all of this;
  • U.S. troops deployed to D.C. from Fort Bragg in NC on Tuesday to quell protests are reportedly sent back to their bases...and then reported NOT being sent back to their bases just a few hours later, right before air time today';
  • Some protesters managed to breach a temporary fence near the White House and cowardly Trump is reportedly scuttled back into his underground White House bunker by Secret Service;
  • Also, Trump claims to now be pulling the August Republican National Convention out of Charlotte, North Carolina because the state's Governor won't let him create a shoulder-to-shoulder viral super-spreader event out of it. We'll see if President Bluffer keeps that threat (he usually backs away from most), and we'll see how it may harm his odds of winning the very closely divided Tar Heel State this November. He really needs it to go "red" again if he wants a chance at re-election;
  • And, oh yeah, all of this as primary elections were held in about a dozen states and D.C. amid protests, curfews and a pandemic that continues and has, so far, killed more than 105,000 Americans in just the past 90 days.

    Unofficial results from Tuesday are slower than usual in coming in, due to the expansion of absentee voting in most states to help keep Americans safe during the pandemic. Lines to vote in-person were also much longer than usual in many places, due to the consolidation of polling places, also thanks to the coronavirus. That resulted in many forced to wait in very long lines, sometimes for hours after curfews around the country. But there was some noteworthy news in the few results we do have.

    Of course Joe Biden continues his march toward the required number of delegates to formally win the Democratic Presidential nomination. But, of more note on Tuesday...

    • Ferguson, Missouri --- where the killing of a young African-American man by a white cop sparked national protests six year ago --- elected Ella Jones as the city's first woman and first African-American Mayor!
    • Nine-term white supremacist Republican Congressman Steve King was defeated in the GOP primary in Iowa's 4th Congressional District by another rightwinger who will go on to face progressive Democrat J.D. Scholten (a guest on this show just a few weeks ago) in November.
    • Republican Congressman Greg Gianforte, who beat up a journalist (and tried to lie about it) the night before winning his first term in Congress three years ago, won the GOP nomination for Governor in Montana. He will now run against the state's Democratic Lt. Governor Mike Cooney to fill the seat being vacated by the popular term-limited Democratic Governor Steve Bullock in a state which Trump won by 20 points in 2016. That year, however, Bullock won his second term as Governor on the same ballot, and on Tuesday he secured the Democratic nomination to take on incumbent Republican Sen. Steve Daines, who could very well be in trouble this year.

    We're joined today by progressive Congressional campaign expert and advocate HOWIE KLEIN of the "Down With Tyranny" blog and the BlueAmericaPAC to discuss all of the above and much more, including a number of other progressive wins (some a surprise) and losses (not as surprising) on Tuesday.

    Klein also handicaps a few upcoming races and offers what he regards as some "exciting" contests next week in Georgia which, with West Virginia, will be holding their own primary elections on June 9th. If you can keep up with everything that happened on today's show, much less today overall, you win a prize. Other than that, color me breathless...again...

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Guest: Policing expert Alex S. Vitale on failed reforms and a new solution
Also: Messy primaries underway in a dozen states; Tough Guy Trump unleashes federal troops on peaceful demonstrators, a church, and foreign journos for a campaign photo-op...
By Brad Friedman on 6/2/2020 6:45pm PT  

On today's BradCast (with helicopters circling overhead here in Hollywood): Massive protests around the country continue today for an eighth day following last week's police killing of George Floyd in Minneapolis. The street protests continue to swell, no doubt, in response to the frequently brutal response by law enforcement officials in many major cities around the country toward the mostly peaceful demonstrations. But protests in the streets aren't the only much-needed response to years of violence instigated by law enforcement. [Audio link to full show is posted below.]

First up today, one response will be --- or, certainly should be --- at the voting booth this year. To that end, eight states and Washington D.C. are holding their Presidential primaries today. Congressional primaries and municipal elections are being held in a number of other states as well, many of them previously postponed due to the coronavirus. But the deadly pandemic continues, leading Republican Gov. Mike Parsons of Missouri --- where absentee voting is severely restricted --- to tell voters recently that if they don't feel safe to vote due to the pandemic, they just shouldn't bother. That, instead of working to expand absentee voting in the Show-Me State to make it safer for voters to exercise their right to participate in their own democracy. As a GOP-dominated state, however, making it easier to vote in MO may be the last thing Parsons wants.

Nonetheless, expanded absentee voting is now occurring in a number of states --- red, blue and battleground --- where problems have already emerged, including in Pennsylvania and in Idaho, as discussed on today's show.

We're hopeful that election officials see today's "practice run" primaries as a flashing red warning light to get their acts together before November 3rd. That will not be made any easier by intransigent Republican lawmakers in D.C. who are still refusing to appropriate the billions of dollars that elections officials say they need to upgrade systems for this year's elections amid a pandemic, or to bail out the U.S. Postal Service --- hard hit by the COVID crisis --- so they are able to handle the unprecedented mail-in voting we will see in this fall's critical general election.

In related news, the President of the United States, after reportedly spending time over the weekend locked away in a White House bunker due to fears of protests in front of the Presidential mansion, decided to play tough guy on Monday by unleashing federal troops with tear gas, rubber bullets, batons and shields on peaceful protesters in Lafayette Park, on the priest and several seminarians at St. John's Episcopal Church across the street, and on foreign journalists covering the American Dystopian nightmare live on television. D.C.'s Episcopal Bishop, as well as the Australian Ambassador, both had a word or two to say about it after a crew from the country's Seven Network was ">punched by federal storm-troopers as the journalists were covering the violent effort to clear out the park so that Trump could pose for a campaign photo-op holding a bible in front of the historic church.

And, in more related news, while Trump's questionably Constitutional threat on Monday to dispatch the U.S. military to quell protests in states around the country --- beyond his own front door, in any event --- is likely as hollow as most of his other strongman threats, the very real and systemic problem of brutal, racist policing policies continues in this country. To that end, calls to "Defund the Police" have grown in recent days, as seen in protest signs, from various non-governmental organizations around the country and in various media outlets.

We're joined today by longtime policing expert ALEX S. VITALE, Professor of Sociology at Brooklyn College and Coordinator of their Policing and Social Justice Project. Vitale, who penned an opinion piece for The Nation over the weekend headlined "The Only Solution Is to Defund the Police" explains how reforms instituted by the Obama Administration after outrage unleashed by the police murders of Michael Brown in Ferguson, MO and Eric Garner on Staten Island, NY six years ago have failed to bring much-needed institutional changes to police departments around the country. The Minneapolis Police Department, in fact, was once held up by some as a model of progressive change that, clearly, has not resulted in the hoped-for reform.

"Minneapolis was kind of a 'shining star' of this new approach to police reform," he tells me. "That comes out of the Obama Administration, the Department of Justice and a lot of academic think tanks. Their idea was if we can make the police more professional, less biased, more transparent, that this will help restore people's trust in policing. So they implement things like implicit bias training, mindfulness training, de-escalation training. They give police body cameras. They set up a lot of police-community encounter sessions. They try to identify a few problem officers, to give them supplemental training. These are the kinds of things that they hope will create a more modern, professional police force that hopefully will kill fewer unarmed black people."

None of that worked, however, he says. "The number of police killings has not been reduced over the last five or six years. The number of low-level misdemeanor arrests has not been reduced. The number of police in our schools has not been reduced. The war on drugs has not been reduced. So we haven't seen real changes in the impact of policing on those who are most heavily policed. And that's really the problem here."

Now, explains Vitale, author of the book The End of Policing, it is time to demilitarize and defund departments around the country after 40 years of expanded and intensified policing and the more recent failed reforms. "We have dozens of places across the country where people have organized campaigns to dial back police funding," he explains. "No one is out there saying tomorrow we can just flip a switch and there are no police. Most of these proposals are about rolling back increases in police spending over the last ten years."

He argues that many of the functions that cops are currently tasked with would be much better handled by social workers and community organizations, where funding should be shifted away from the police. He also details how this has been a long time bipartisan problem and that many of the "solutions" offered by politicians --- from tough guy "law and order" measures on the Right or more recent progressive initiatives to better train cops to handle sensitive racial situations and improve community policing efforts on the Left --- are more often "used by police leaders and political leaders to deflect and demobilize the protests against them."

Vitale explains how you can help join the movement, why its so important, and how it is literally the only chance we have left for change. Hopefully, this is just the beginning of a long-overdue conversation in our country. "My hope is that, as the immediacy of the protests subside, that people connect with these real movements to do the kind of sustained political organizing on the ground that can help change the view about policing, and develop a kind of new majoritarian politics that is more humane, and less centered on punishment and vengeance," he says.

Finally, Desi Doyen joins us for our latest Green News Report, as Trump's EPA proves they couldn't care less about "states' rights"; the U.N. is forced to delay a crucial climate summit due to the pandemic; there is more good news about the end of coal; and less good news about Zombie Fires! Yes, Zombie Fires!...

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Guest: Migration Policy Institute's Sarah Pierce; Also: Barr's power grabs continue elsewhere; Hurricane Barry takes aim at already flooded NOLA...
By Brad Friedman on 7/10/2019 6:46pm PT  

On today's BradCast, Donald Trump's Attorney General continues to make extraordinary, unprecedented moves at the Dept. of Justice as he takes power for himself on all manner of things. And only some of those moves are receiving the attention they deserve. [Audio link to show follows below.]

But first up today, just two days after nearly 4 inches of record rainfall in one hour resulted in flash flooding and a number of high-water rescues in the nation's capital --- on the very same day Trump was delivering a ridiculous, rambling speech on his (horrific) environmental record --- an even worse downfall slammed New Orleans on Wednesday. What lies ahead this week for NOLA, however, may be far worse. A tropical storm spun up quickly off the Gulf Coast following the downpour, and now threatens to become a hurricane that could, as soon as this weekend, over-top levees that protect the city. The Mississippi River at New Orleans is already at 16 feet, just below flood stage, thanks to historic spring flooding in the central U.S. But Hurricane Barry could bring a storm surge of several feet of ocean water and as much as 18 inches of rain that could test the city's 20-foot high levees. The National Weather Service is now projecting the river could crest at that same height by Saturday, depending on which way the winds blow. That may happen despite the failure of science denier and corrupt fossil fuel swamp-dweller Trump to utter the words "climate change" during his environmental speech earlier this week.

Meanwhile, back in D.C., Trump's Attorney General and personal fixer William Barr continues to exercise extraordinary, unprecedented powers in his role as the nation's chief law enforcement official. So far, the federal courts have held off a fair amount of his attempted power grabs, including a federal court in New York which has, for the moment, blocked his latest move to replace all of the Dept. of Justice attorneys previously assigned to defend legal challenges to the Administration's effort to add a question on citizenship to the 2020 Census. Another federal judge in another legal challenge on the same matter in Maryland is now considering whether to block those replacements as well.

At the same time, however, Barr is also reportedly instructing former members of Special Counsel Robert Mueller's team to not appear before Congress to give testimony next week on the same day Mueller is currently scheduled to do so.

But a recent, little noticed move over the 4th of July holiday week to grant himself the power to establish precedent on immigration laws, overriding decisions by immigration judges, needs much more attention. Last week, a federal court blocked Barr's decree to disallow bond hearings for asylum-seekers who successfully demonstrate a "credible fear" of return to their home countries. But for a ruling by the federal court in Washington state last week, Barr's decree would have resulted in immigrant asylum-seekers being held for months or even years in already horrific, overcrowded detention facilities as they await their official hearings in immigration court. U.S. District Judge Marsha Pechman ruled that detaining asylum-seekers indefinitely is "unconstitutional".

The day before her ruling, however, Barr quietly signed yet another new regulation --- without the traditional public comment period --- that restructures the way immigration courts have handled appeals for years. Previously, while tens of thousands of decisions are made on cases by the Board of Immigration Appeals each year, only a small number of them, about 30 per year, are published in order to establish them as precedent. Under current law, unpublished decisions are not binding on the entire system and are only published if a majority of the 21 member Board votes to do so. But last week, relying on a public comment period from about 15 years ago concerning a regulation proposed (but rejected) by the George W. Bush Administration, Barr granted himself unilateral power to selectively publish any such decisions that he likes. The move, in effect, will allow him the authority as Attorney General to set immigration law precedent that must be followed during this Administration as well as future ones, at his own whim.

We're joined today by SARAH PIERCE, immigration attorney and Policy Analyst for the non-partisan Migration Policy Institute to explain both the encouraging news on Barr's temporarily blocked bond hearing rule, first decreed back in April, as well as his move last week to reign as king over U.S. immigration policy by using the abandoned "zombie regulation", as Pierce describes it, on appeals court precedents first proposed by the Bush Administration. She describes the latter as "alarming", noting that "under this new regulation, the Attorney General will have his pick of whatever issue he wants, and really, whatever plans on the issue he wants, when deciding whether or not to make some of these decisions precedent." Pierce warns that these could be "decisions on what kinds of crimes makes someone deportable from the United States," for example, adding that "the possibilities are really endless when he has so many decisions before him to choose from."

She argues that the way immigration courts are currently structured, under the control of the DoJ, not the Judicial Branch, results in unconfirmed and even unqualified people being appointed as immigration judges without Congressional confirmation or oversight. They all serve at the pleasure and whims of the Attorney General. "This is a huge problem with our immigration court that we have this political appointee who is in charge of effectively the legal well-being of our immigration system. That's a huge problem and a huge conflict of interest," she tells me.

We also discuss the mountain of recent reports of overcrowded, unsafe and unsanitary conditions at detention centers on the border; why we are seeing this influx of families seeking asylum in the U.S.; why this Administration is handling it all so poorly, despite the number of immigrants and asylum seekers being far larger during previous administrations; and how the system itself needs to be reformed, with immigration courts placed under an independent body.

Finally today, with all of the coverage in the media and focus by Democrats on the 2020 Presidential race, the need to win back a majority in the U.S. Senate no matter who wins the White House has taken a back seat, unfortunately. But Democratic Senate Leader Chuck Schumer was able to claim at least one recruiting victory this week, with Marine combat aviator Amy McGrath, who narrowly lost a U.S. House race last November in Kentucky, declared her intention of taking on Republican Majority Leader and democracy villain Mitch McConnell during his reelection bid in the Bluegrass State next year. We share McGrath's announcement video and ponder why the hell more big name Democrats --- including many who have chosen to run for the Presidential nomination instead --- aren't stepping up to the equally-as-important task of winning back the U.S. Senate for their party in 2020...

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Trump Twitter blocks blocked again; Perot dies; Steyer jumps in; Amash blasts Pelosi; Judge blocks DoJ Census lawyer swap; Dems subpoena Trump Org in Emoluments case, set vote for new subpoena 'blitz'...
By Brad Friedman on 7/9/2019 6:31pm PT  

It's still unclear what it will take for House Speaker Nancy Pelosi to allow her caucus to begin impeachment proceedings for the most impeachable President in history. But each day that goes by, each rule of law that Trump and his Administration undermine, each norm they violate, each tradition they shatter, each Constitutional clause they scoff at, seems to make her inaction more untenable by the day. But we press forward as the lawsuits pile up, subpoenas are defied, new ones are issued, and the American public wonders how we will ever find our way out of this mess. Those thoughts seem to underscore each of the many stories we cover on today's BradCast. [Audio link to show follows below.]

Among those many stories...

  • The U.S. 2nd Circuit Court of Appeals in New York on Tuesday unanimously confirmed a lower court ruling that Donald Trump violated the Constitution's First Amendment by blocking followers on Twitter with whom he disagreed, since he uses his personal account for governmental purposes. We wonder if Alabama's Republican Sec. of State John H. Merrill, who blocked me and election law experts like UC Irvine's Rick Hasen and University of KY's Joshua Douglas on Twitter long ago, is ready to rethink his position, or if we can expect more crazy responses from Merrill by email and phone like the last time we asked about this when the lower court first ruled in favor of plaintiffs;
  • Billionaire two-time, self-funding, third-party Presidential candidate Ross Perot, who first ran for President in 1992, has died at age 89;
  • Billionaire self-funding environmental and impeachment activist Tom Steyer of California declares his run for the 2020 Democratic Presidential nomination, after previously stating he wanted to focus on impeachment of Donald Trump instead. His announcement video released today describes the desperate need to get corporate money out of politics, but Steyer is also reportedly very unhappy with the speed with which Congressional Democrats are plodding toward impeachment of our scofflaw President;
  • Similarly unhappy with the lack of accountability being brought by Democrats is now-former Tea Party Republican Justin Amash, Congressman from Michigan who, last week, declared he was leaving the GOP. Over the weekend Amash blasted Democrats, specifically Nancy Pelosi, for failing to take appropriate action to begin impeaching Trump. Until leaving the party last week, Amash was the only Republican in Congress to call for impeachment proceedings and he remains one of the best advocates for same from either major party. During his interview with CNN's Jake Tapper, Amash also said that high level Republicans had privately thanked him for his outspoken stance against Trump and that he remains open to the possibility of running for President on the Libertarian Party ticket next year;
  • But if Democrats are still unwilling to play the type of hardball demanded by this moment in history, the Trump Administration isn't shying away from it. Following U.S. Supreme Court Chief Justice John Roberts' recent rejection of the Administration's "contrived" reason for adding a question about citizenship to the 2020 U.S. Census, the Dept. of Justice announced on Sunday that they would be replacing the entire legal team that had defended the Government in several different cases on the matter over the past year. Many of those career DoJ attorneys, it is speculated, refused to proceed after they already officially informed a federal judge that the Census was being printed, as of the July 1 deadline, without the question included. But that was before Trump tweeted that the official announcements from DoJ and the Census Bureau were "fake" and demanded that his Government find a way to include the question anyway. Former U.S. Attorney and Acting Solicitor General Neal Katyal says we've "never seen anything like this", describing the DoJ move to replace all of the attorneys en masse as "the canary in the coal mine". But today, mid-show, after the ACLU challenged the nearly unprecedented removal of the DoJ legal team, a federal judge ruled the Government may not remove them from the case --- at least until they offer the court an explanation for the unusual move;
  • And while it may not (yet) be impeachment, Congressional Democrats are moving ahead with their legal strategy to challenge the Administration in court. On Monday, they issued subpoenas to a number of Trump's businesses as part of discovery in a lawsuit alleging that Trump is in violation of the Constitution's Emoluments Clause, thanks to money received from foreign governments to his various businesses which he refused to divest from after being elected President. The DoJ, on Trump's behalf, is trying another extraordinary maneuver, in defiance of the lower court judge, by filing an appeal to block those subpoenas at the D.C. Circuit Court of Appeals before the case has even been resolved at the trial court level;
  • And in the House Judiciary Committee, Democrats announced plans this week to authorize new Congressional subpoenas for a bevy of current and former high profile former Trump officials, including former Attorney General Jeff Sessions; former National Security Advisor Michael Flynn; former White House Chief of Staff John Kelly; former Deputy AG Rod Rosenstein; Senior WH advisor and Trump son-in-law Jared Kushner; former Trump campaign manager Corey Lewandowski; and the head of the company which owned the National Inquirer, David Pecker. The subpoenas, to be formally voted on by the Committee on Thursday, are in response to Special Counsel Robert Mueller's report and hush-money payoffs made by the President, as well as Trump's border policies and reported promises of pardons to officials willing to violate the law on Trump's behalf;
  • Finally, Desi Doyen joins us for the latest Green News Report, on the day after Washington D.C. received a record four inches of rain --- a full month's worth --- in a single hour, while Donald Trump actually gave a speech meant to tout his Administration's (horrific) environmental record...

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