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Latest Featured Reports | Saturday, December 21, 2024
Trump Gets Trumped in Our Musky Year-End Roundtable: 'BradCast' 12/19/24
Guests: Heather Digby Parton of Salon, 'Driftglass' of 'Pro Left Podcast'...
'Green News Report' 12/17/24
  w/ Brad & Desi
Biden EPA grants CA waiver to phase out all-gasoline cars; Microplastics linked to cancer; PLUS: GOP plan to expand natural gas exports would drive up prices for Americans...
Previous GNRs: 12/17/24 - 12/12/24 - Archives...
About Some of Trump's
'Day One' Threats:
'BradCast' 12/18/24
Guest: Joshua A. Douglas on voting laws and a President's power to change them; Also: House panel to release Gaetz report; Trump's plan for reversing Biden climate, energy initiatives...
Trump Family Corruption Cometh...So Does Our Oppo-sition: 'BradCast' 12/17/24
Immunity denied to felon Trump in NY; The Family's crypto-corruption on display in UAE; On overcoming 'militant pessimism'...
'Green News Report' 12/17/24
  w/ Brad & Desi
'Apocalyptic' cyclone slams Indian Ocean island; Malaria on the rise; Swiss ski resort gives in to climate change; PLUS: Biden EPA finally bans cancer-causing chemicals...
Previous GNRs: 12/12/24 - 12/10/24 - Archives...
Mistallied Contests Found in OH County, as Oligarchy Rises in D.C.: 'BradCast' 12/16/24
Also: FBI informant 'guilty' to lies about Ukraine 'bribes' to Bidens; Trump Cabinet donated millions; Tech/media billionaires pay tribute...
Sunday 'Barrel Bottom' Toons
THIS WEEK: Kashing In ... Billionaire Broligarchy ... Slow Learners ... Exiting Autocrats ... and more! In our latest collection of the week's best toons...
Trump Admits He Can't Lower Grocery Prices (Biden Just Did): 'BradCast' 12/12/24
Also: 1,500 commutations; I.G. report on FBI and 1/6; NC Repubs's massive power grab; Dick Van Dyke sends us home smiling...
'Green News Report' 12/12/24
  w/ Brad & Desi
Firefighters struggle to contain ferocious Malibu wildfire; The planet is getting drier, new study finds; PLUS: Arctic has shifted to a source of climate pollution, NOAA reports...
Previous GNRs: 12/10/24 - 12/5/24 - Archives...
What 'Unprecedented and Powerful Mandate'?: 'BradCast' 12/11/24
Guest: Marquette Univ.'s Julia Azari; Also: Malibu fire expands; FBI Dir. to quit; New charges in WI 2020 fake Trump Elector plot...
Trump Barely Won Nationally, But Won 'News Deserts' By a Landslide: 'BradCast' 12/10
Guest: Veteran media reporter Paul Farhi; Also: Trump DoJ spied on Kash Patel...
'Green News Report' 12/10/24
UK's deadly back-to-back storms; China's EV boom eroding global demand for oil; PLUS: Time running out to cash in on Biden's climate law incentives...
Bad Weekend for Authorit-arianism; Also: To Pardon or Not?: 'BradCast' 12/9/24
Syria falls, S. Korea on the brink, Romania to rerun Prez election after Russian interference; Callers ring on whether Biden should issue preemptive pardons...
Sunday 'Teeny Tiny' Toons
THIS WEEK: What Mandate? ... Cabinet Medicine ... Concept Plans ... Pardon-pocrisy ... and more! In our latest collection of the week's itty bittiest toons...
Fox 'News' and GOP Get Their Hateful War on Trans Kids at SCOTUS: 'BradCast' 12/5/24
Guest: Law Dork's Chris Geidner; Also: Island nations fight for survival at U.N. High Court...
'Green News Report' 12/5/24
U.N. court to rule on landmark climate case; NC town sues Duke Energy for deception; S. Africa blocks new coal plants; PLUS: Global warming driving drought in U.S...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Also: DeSantis proven a liar, moves to expand 'Don't Say Gay' to ALL public school grades; NE legislature advances cruel anti-trans measure...
By Brad Friedman on 3/23/2023 5:35pm PT  

Today on The BradCast: Is being a terrible human being now a requirement for all elected (and unelected) Republican lawmakers? It's sure starting to look like it these days. [Audio link to full show is posted below this summary.]

Among the stories covered today making that point and related others...

  • Donald Trump's "Indictment Week" in New York gets pushed back (at least) another week, though The Joker may or may not have something to say about it this weekend at the Manhattan Courthouse.
  • Former news anchor, Trumpist election denier and GOP grifter Kari Lake in Arizona is still busy hoaxing what's left of her supporters into believing she won last year's Gubernatorial election against Democrat Katie Hobbs. (No, Hobbs is not a "twice-convicted racist", no matter how many times Lake repeats that sleazy, false claim.) On Wednesday, Lake saw her 2022 election fraud claims rejected [PDF] by yet another court. This time, it was Arizona's Supreme Court. While rejecting most of her claims yet again, they did kick one of her seven claims back to a lower court for re-examination. That claim has to do with the signature verification process for ballots cast during early voting. Both the lower trial court and Maricopa County Court of Appeals misinterpreted the claim, according to the Supremes. We explain the claim in question, why it needs to be reheard, and why it will almost certainly not result in the 2022 election results being overturned.

    None of that stopped Lake from misrepresenting yesterday's ruling at the high court to her supporters on social media, to whom she tweeted: "HUGE: AZ Supreme Court Rules in Favor of Kari Lake." She didn't bother to share a link to either a news story or the Court's actual order with that tweet.

    But that may be a step up from when she lost every single claim, for a second time, at the Appeals court in Maricopa last month and declared: "BREAKING: I told you we would take this case all the way to the Arizona Supreme Court...Buckle up, America!"

  • Speaking of obnoxious Republican liars, Florida Governor Ron DeSantis who reportedly did win his election last year, was furious at critics of his "Don't Say Gay" law enacted earlier in the year. Opponents of the measure, such as legal journalist Mark Joseph Stern pointed out at the time that the language of the bill allowed for a ban on "Classroom instruction by school personnel or third parties on sexual orientation or gender identity" in all public school grades, not just kindergarten through third grade, as DeSantis falsely claimed at the time.

    When critics pointed out that DeSantis was wrong, he sanctimoniously charged they were being dishonest about what the bill actually said, claiming it only applied to grades K through 3. "It's why people don't trust people like you," he chastised journalists at the time, "because you peddle false narratives!"

    Well, funny thing about that. As AP reported Wednesday, the DeSantis Administration is now "moving to forbid classroom instruction on sexual orientation and gender identity in all grades." They hope to expand the ban to grades 4 to 12 based on the original legislation in the state where the Governor and GOP Presidential hopefully unironically claims "Freedom Lives Here". DeSantis appointees heading up the state Board of Education and state Education Department will be voting to make the change next month. No legislative changes will be needed to be made to the existing law. Imagine that.

  • Coincidentally, the Republican state lawmaker who authored FL's "Don't Say Gay" law, pleaded guilty this week to numerous federal felonies, including wire fraud, money laundering and making false statements, after fraudulently obtaining more than $150,000 in federal COVID relief funding for two businesses of his that were defunct during the COVID pandemic. The (now former) lawmaker, Joseph Harding, now faces years in prison. He will be sentenced in July.
  • The Sunshine State is hardly the only one where elected Republicans are punishing state residents with hateful and cruel legislation. Nebraska's state legislature advanced a bill today that would ban gender-affirming care for minors. The anti-LGBTQ measure has been strenuously opposed by progressive state Senators, including one, Senator Megan Hunt, who has a transgender teenage son. We share some of her remarks today. Opponents vow to filibuster every single other bill on the state Legislature's calendar, effectively shutting it down for the rest of the session, in order to block the bill. It must survive two more debates before passage and signature by Republican Gov. Jim Pillen who vowed to sign it if it reaches his desk.
  • Finally, after a bit of musical-ish listener email today, Desi Doyen joins us for our latest Green News Report, with bad news for the world's oceans; bad news for the West Coast salmon population; bad news for fresh water drinkers; but some good news for newly protected public lands and waters in several national monuments designated this week by President Biden...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Tiny Delaware's huge mistake; Graham's nationwide abortion ban bill; Also: Franken on the illegitimacy of our U.S. Supreme Court...
By Brad Friedman on 9/13/2022 6:18pm PT  

The three states carrying out the final midterm primary elections of the year on Tuesday offer a great side-by-side comparison of voting systems on today's BradCast, from the very best to the very worst in the nation. Also, Sen. Lindsey Graham offers an example of the GOP's very worst politics, even as it is likely to work out for the very best for Democrats. [Audio link to full show is posted below this summary.]

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

  • Why Delaware's so-called "hybrid" Ballot Marking Device (BMD) system made by ES&S and forced on all voters in the state at the polls, places the tiny state in contention for having the very worst voting systems in the country. You'd think they would realize that a 100% unverifiable touchscreen system that prints voters' selections on a paper ballot for them is already a terrible idea. But one that allows the computer to secretly reprint a voter's ballot --- allowing it to add, change or delete votes --- after voters think they've already approved their computer-marked ballot, is unspeakable stupid. That said, the system's "Permission to Cheat" feature is arguably even worse.
  • Contrast DE's voting system with New Hampshire and Rhode Island's fully verifiable hand-marked paper ballot system. They, along with DE are also holding primaries today. But in about 40% of NH towns, they go even further in respecting voters by hand-counting all hand-marked paper ballots at the polling place, in public, as soon as polls close and before ballots are moved anywhere. That would be Democracy's Gold Standard. RI, in the meantime, tallies all ballots by computer, but at least (unlike in DE), they're hand-marked ballots, so can be known to reflect the intent of the voters. Well, most of them, anyway. As discovered during the early voting period in four towns, candidates from 2018 appeared on the 2022 touchscreen ballots for some voters who chose to use the state's new BMD systems, made available at the polls for optional use by disabled voters.
  • Next, a follow-up to our conversation last week with Marilyn Marks, Executive Director of the Coalition for Good Governance, which is suing Georgia and its Sec. of State Brad Raffensperger, hoping to ban the state's 100% unverifiable touchscreen BMD voting systems in favor of hand-marked paper ballots. Marks was on the show to discuss the security camera surveillance video she unearthed in her federal lawsuit last week, revealing a bunch of Team Trump MAGA Republicans being allowed in to the Coffee County, GA election office last year to unlawfully breach the state's Election Management System software made by Dominion. The breach, as we discussed, was covered-up by Raffensperger, even though the Trumpers copied, stole and shared the critical software with others. That makes the 2022 and 2024 elections in the state (and elsewhere, where the same systems are used) uniquely vulnerable to malware and manipulation, given that Coffee County's system is connected to the state system, which programs all of the identical systems that Raffensperger forces every county in the state to use.

    Shortly after Marks' appearance on the show last week, a hearing was held in her federal lawsuit, and the judge inquired as to how the Coffee County breach relates to the plaintiffs' complaint. One of their attorneys, David Cross, gave a brilliant explanation in response (see transcript here, beginning on page 4), ending his remarks on the matter with a fantastic metaphor: "If we're going on a skydiving trip and we saw a bunch of bad actors unpack our parachutes, take them all apart, and then repack them and put them back and we learned that when we were on an airplane and if the pilot said to you, it is probably fine, your parachute is probably fine, just go ahead and jump and we'll find out when you're in the air, no one would jump out of that plane.

    "That is where we are," Cross added. "It is not an exaggeration. We have lots of people who are widely considered bad actors because of the lies that they spread about the 2020 election who had unmitigated access to the election system --- not pieces, not disconnected pieces --- the actual system in practice for the better part of two weeks. And we don't know what all they did. But we do know what they could have done. And it is not satisfactory to tell voters, 'Let's just hope the system works, and we have begun an investigation in the last couple of weeks, let's hope that that doesn't find that the system doesn't work.' That, Your Honor, we don't think is an appropriate way to proceed. And that is why this is so critically important for our claims."

  • In what ought to win an award for worst, most tin-ear politics of the century, so far, Sen. Lindsey Graham (R-SC) introduced a bill today to ban abortion after 15 weeks of pregnancy in all 50 states. States that wish to go further, however, by banning abortions all together, are more than welcome to do so under his nationwide bill. So, this measure --- deceptively being sold by Graham as a "late-term" abortion --- would largely only affect "blue" states where privacy rights and reproductive freedoms are still respected. The bill, which Graham's own Republican Party is already furious about, comes after the GOP's corrupted, stolen and packed (with Graham's help) U.S. Supreme Court overturned Roe v. Wade in June and just weeks after Graham previously said he believes "states should decide the issue of abortion." Turns out that was just another pathetic lie from one of the nation's most pathetic U.S. Senators.
  • Speaking of the corrupted U.S. Supreme Court (and tin-ears), Chief Justice John Roberts offered his first public remarks last Friday since his Court overturned Roe. He blasted those who question the legitimacy of the Court because they disagree with its decisions. "Simply because people disagree with an opinion is not a basis for criticizing the legitimacy of the Court," the Chief Justice said, completely missing the point. Over the weekend, the much-missed former Sen. Al Franken (D-MN) appeared on CNN to debate Roberts' remarks with GOP strategist April Stewart. As you'll hear, it did not go well for Stewart.
  • Finally, Desi Doyen joins us for our latest Green News Report, as a hurricane finally ends California's record heat wave; reactors are finally shut down at Ukraine's besieged nuclear power plant; a showdown finally looms in Congress over energy permitting; and a climate champion finally ascends to become King of Britain...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Congressional historian and author Norman Ornstein of AEI on why he believes Dems will both reform the filibuster and pass a transformative Build Back Better budget reconciliation package...
By Brad Friedman on 9/22/2021 6:23pm PT  

On today's BradCast: What we are witnessing right now in Washington D.C. is not just an exercise in how the sausage gets made...or doesn't. While it is that, it is also an extraordinarily perilous moment for the survival of the republic, as Democrats try to step up, in order to face down an insurrectionist GOP seemingly hell bent on taking the nation and the world down with them. Fortunately, our guest today --- who knows this landscape as well as anyone in the nation --- seems optimistic, despite the fraught dangers that lie ahead. [Audio link to full show is posted below this summary.]

The nightmare moment for Joe Biden, the Democrats and the nation, includes a Congressional Republican Party willing to default on the, until now, iron-clad good faith and credit of the U.S. economy, by refusing to vote to raise the ridiculous "debt ceiling" in order to borrow the money needed to pay for all the stuff that we (including Republicans!) have already committed to paying for, including trillions spent or given away during the Trump years.

It also includes several mighty internecine battles inside the Congressional Democratic caucus itself, as the so-called "moderate" and progressive wings of the big tent party attempt to navigate through landmines over the next several days and weeks to come to an agreement on Joe Biden's proposed $3.5 trillion Build Back Better social safety net programs (which, in addition to the expansion of health and child care, also includes a laundry list of long-overdue programs, such as our first major attempt to take on our climate emergency) and the critical Freedom to Vote Act, a sweeping election reform package to try and counter the massive voter suppression and election subversion efforts being adopted by GOP-controlled states in advance of 2022.

To pass the latter, Democrats will almost certainly need to reform the filibuster in some way, to allow passage with a simple majority of Senators. Sadly, there do not appear to be any Republicans left in Congress who are willing to support the right to vote and fair elections. These problems seem insurmountable for the moment, even as we've been fairly bullish on the Dems' ultimate ability to overcome the many hurdles they currently face.

Similarly bullish, it seems, is NORMAN ORNSTEIN [pictured above], longtime Congressional historian and political science PhD, who has spent the bulk of the last four decades studying politics, elections, and the US Congress at the right-leaning American Enterprise Institute, where he is now a senior fellow emeritus. He is also a contributing editor and columnist for The Atlantic and author of a host of books, including his latest, One Nation After Trump: A Guide for the Perplexed, the Disillusioned, the Desperate, and the Not-Yet Deported, with E. J. Dionne and Thomas E. Mann.

Last week, Ornstein and Norman Eisen, of the left-leaning Brookings Institution, published a Washington Post op-ed headlined "Seven reasons to think Senate Democrats will actually change the filibuster". It's based on a paper they published at the same time at Brookings, along with Mel Barnes and Jeffrey A. Mandell, titled "Filibuster reform is coming --- here's how".

Both pieces are surprisingly optimistic when it comes to what will have to happen --- and how West Virginia's Joe Manchin and Arizona's Kyrsten Sinema will have to play along --- in order to reform the filibuster to adopt the Freedom to Vote Act, before that freedom is all but foreclosed by GOP voter suppression and election subversion in next year's mid-terms and 2024's Presidential race.

"We're seeing more and more intense understanding on the part of Democrats in the Senate that the road to accomplishing significant goals, in a time frame that's short for Democrats, has to require some change in their rules," Ornstein tells me, explaining why he believes that even Manchin and Sinema will come around to understanding the existential necessity of countering "the over-the-top actions by --- it's not a party anymore --- the Republican cult, to try not just to obstruct votes and to suppress votes, but to intimidate election workers and overturn legitimate results."

He walks us through why he believes that both of those two currently obstructionist Democratic Senators will come around in the end, on both filibuster reform and the Dems' budget reconciliation bill, which can be adopted with a simple majority vote. "Joe Manchin, throughout his career, has been a transactional politician. You could do a bill that's, say, $2.2 or $2.5 trillion, that actually preserves all of your core priorities" by simply trimming the number of years those proposals will be in effect. And, he argues, it can be done "if not being revenue neutral," then in a way that "is a pretty trivial amount as a share of our Gross Domestic Product."

In the end, he believes Manchin will come along, and Sinema along with him. "I think it's dicey, but I also think it's doable," Ornstein argues.

Among other key points of our conversation today, we discuss how Nancy Pelosi can hold the vote on the smaller, bipartisan, $1.5 trillion infrastructure package that Democratic House "moderates" are demanding next week, but not send the bill to the President's desk until the larger reconciliation package supported by progressives is adopted in both chambers; and how (and if) Democrats will be able to overcome objections by the Senate Parliamentarian to include things like immigration reform in a budget reconciliation package, "awkwardly thrown in". All necessary, says Ornstein, "because of the goddamn filibuster! Because there's no other way to get it done with 50 votes. So you create this ungainly hodgepodge of things as a way to try to circumvent the rules, and the better way to deal with it is to change the damn rules!"

If these things don't happen, he warns, if Democrats fail to successfully navigate the many minefields to adopt both election reform and Biden's Build Back Better Agenda, we are in "deep, deep, deep trouble," he says. "I think we're done for, frankly, if they can't do both of these things."

Of course, in the next few days, we'll also have to somehow get over the debt ceiling cliff that Mitch McConnell and Senate Republicans are threatening to push the nation over. On that, Ornstein is less sanguine. "I'm actually more concerned about that, because we have a group of Republicans like [Governors] Ron DeSantis, Greg Abbott, Kristi Noem and Tate Reeves, and so many others who are willing to let hundreds of thousands of people die [from COVID] for their own political purposes. Can I believe that Mitch McConnell and his colleagues would let the nation go into default and cause the economy to go into huge upheaval? Sadly, yes."

There is also at least one extra treat in my interview with Ornstein today, however, for those who may remember the hilarious and shockingly prescient 1998 satirical novel by Al Franken, written prior to his career as a U.S. Senator, entitled Why Not Me?: The Inside Story of the Making and Unmaking of the Franken Presidency. Ornstein actually "co-stars" in the book as Franken's unlikely Campaign Manager before becoming his Presidential Chief of Staff. I'll not give any more of the book away, since I suspect it's still an hilarious read. But today, Ornstein shares the backstory of how that book came about, and how much more prescient it actually turned out to be than even I remembered!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Calls for VA's Governor to step down may make political sense for Democrats, but is it wise and/or the right thing to do? Callers ring in...
By Brad Friedman on 2/4/2019 6:24pm PT  

On today's BradCast, should Virginia's Democratic Governor Ralph Northam resign after his 1984 medical school yearbook was revealed late last week to have featured a photo of a man in blackface standing next to a man in a KKK costume? Don't answer that too quickly. Or, at least listen to today's show first. [Audio link to show follows below.]

After apologizing on Friday night for the appearance of the photo --- calling it "clearly racist and offensive", but failing to specify which of the pictured two men he actually was --- the Governor said at a bizarre Saturday press conference that he was neither man and that he had never even seen the photograph before, since he hadn't purchased that year's yearbook. He says the photograph hit him "like a ton of bricks" on Friday night. However, he told the media that he did remember an instance around the same time when he darkened his face to dress up as Michael Jackson for a dance contest. He said he remembered the contest outfit very specifically, discussing it publicly for the first time on Saturday, while insisting that he never recalls dressing up in either minstrel show blackface or as a Klansman, as depicted in the mystery photograph.

One of the two African-Americans in the same medical school class that graduated with Northam told AP the explanation is plausible, as he didn't purchase the yearbook either and found the racist photo on Northam's page to be out of character. Despite Northam's record of working closely with the African-American community and still being a member of a predominately black church in the town where he grew up, top Democrats from Virginia to D.C. and beyond continued their loud calls on Sunday for him to step down and allow his Lt. Gov. Justin Fairfax --- an African-American Democrat --- to replace him.

But should he? And should he be shunned for something that may have never happened? Or, if it did, happened 35 years ago and appears completely inconsistent with his record since then? The answers to those questions are both "absolutely yes" and "no, not so fast", as we discuss with callers today, focusing on Northam's remarks at the strange, yet seemingly earnest Saturday presser in which he stated that acquiescing to calls to step down would allow him to "spare myself from the difficult path that lies ahead," adding: "I could avoid an honest conversation about harmful actions from my past. I cannot in good conscience choose the path that would be easier for me."

We endeavor to have a least part of that "honest conversation" with tons of callers on today's program, including some discussion about key civil rights figures (from Lincoln to Justice Hugo Black to LBJ) whose own histories of racism arguably allowed them to lead on a number of landmark civil rights issues from Emancipation to Brown v. Board of Education to the Civil Rights of 1964 and Voting Rights Act of 1965.

Also today: While I was happy to see MSNBC, on Friday night, highlight a Super Bowl ad buy in Georgia markets by former Democratic gubernatorial candidate Stacey Abrams' voting rights group Fair Fight, calling for "hand-counted paper ballots," the news outlet's Rachel Maddow Show maddeningly cut the :30 commercial off when reporting the story, just before the crucial line calling for "hand-marked paper ballots"! (Made, in the spot, by Republican Commissioner of Habersham County, GA Natalie Crawford, by the way.) Maddening. Especially since, unless the voters rise up to protect overseeable elections and stop them, the state of Georgia, along with counties in key states like Ohio, Pennsylvania, and Texas --- not to mention Los Angeles County and neighboring Ventura County! --- are all now planning moves to expensive, unauditable touchscreen Ballot Marking Devices (BMDs) before the 2020 Presidential election. Those systems print out computer-marked and barcoded paper ballots which are 100% unverifiable after an election has ended.

Add MSNBC's failure there to a list of disappointments over the weekend from the mess in Virginia to the loss of the L.A. Rams at the Super Bowl...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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The fight to count every vote in FL and GA gets messier still, as Dems pick up yet another U.S. House seat; Also: Ernest A. Canning on CNN's lawsuit against the Trump White House...
By Brad Friedman on 11/14/2018 6:32pm PT  

On today's BradCast: The electoral dysfunction --- and the fight to count every vote anyway --- continues today in Florida and Georgia, along with some new good news for Democrats elsewhere. At the same time, of course, the dysfunction of Donald Trump's White House never ends. [Audio link to full show is posted below.]

After a quick update today on several thousand newly tabulated votes in Georgia (most of which were for Democrat Stacey Abrams in her uphill battle for Governor against Republican vote suppressor Brian Kemp), we start today with news that another U.S. House seat has flipped from "red" to "blue" in California. As the counting continues in the Golden State, the AP and others declared first-time Democratic candidate Josh Harder the winner over four-term Republican U.S. Rep Jeff Denham in the previously GOP-leaning Central Valley.

That brings Dems to a 33-seat pickup, so far, in U.S. House contests this year. A number of other races in previously very Republican areas of California, such as Orange County, have already been declared as flipped to Democrats, with several others still undecided but trending towards Democrats. Those remaining undecided House races and a few in other states could ultimately result in a massive "Blue Wave" as large as 39 new seats in Congress, by my count, as votes from the November 6th midterms continue to be tallied.

In Florida, however, as the state's 67 counties scramble to complete an unprecedented three statewide computer "recounts" in the U.S. Senate, Governor and Agriculture Commissioner races (not to mention several other state legislative and local races) by this Thursday at 3pm, dozens of lawsuits are being filed in state and federal courts.

We cover some of the most notable today, including incumbent Sen. Bill Nelson's suit to extend the arbitrary "recount" deadline set for Thursday. At least one county, Democratic-leaning Palm Beach, has already said that it will be physically impossible to complete all of the machine rescans there in time, thanks to their aging computer tabulation system which can only scan one single race on 300 ballots at a time. Making matters still worse in the state's third most-populous county, those scanners reportedly overheated this week, leading to mismatched tabulations for the first batch of 174,000 ballots scanned (of some 700,000 total). That means that batch will need to be re-rescanned.

And all of that before a similarly absurd statutory Sunday deadline to complete any subsequent so-called "manual recounts" in races such as Nelson's U.S. Senate contest against Republican Gov. Rick Scott, where the margin is less than 0.25 percent. (It's currently reported to be just 0.13%, or 12,562 votes out of more than 8 million cast.)

Nelson has asked a federal court to extend the deadlines in all 67 Florida counties and, in separate filings, seeks to force a review of tens of thousands of absentee vote-by-mail ballots rejected across the state due to claims of signature mismatches and other unspecified "voter-caused error". Scott's hand-picked Sec. of State Ken Detzner is opposing those suits, and Scott has filed several of his own to try and halt the ongoing tabulation.

But not all Republicans oppose extending the deadlines and counting of all ballots, as we also note today, even as most of them, including the President of the United States, are calling for "recounts" to end and incomplete tallies reported from last weekend --- just days after the Tuesday midterms --- to be certified instead. (Friendly reminder here that Republicans held up a statewide hand-count in the 2008 U.S. Senate race in Minnesota for eight months in order to keep Al Franken from being seated in the Senate until July of 2009!)

Then, we're joined by BradBlog.com legal analyst ERNEST A. CANNING for the latest on the lawsuit filed by CNN this week (and supported by Fox "News" of all outlets!) against the White House for their removal of press credentials for White House Correspondent Jim Acosta. Not only is the White House in violation of the Constitution's First and Fifth Amendments, the complaint alleges, but the White House and Secret Service also reportedly blocked Acosta from a planned interview with French President Emmanuel Macron last weekend at an event marking the centennial of the WWI Armistice. That, even though the interview was approved by France...and Trump failed to even show up at the event!...

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Guest: Election law Prof. Joshua A. Douglas of Univ. of Kentucky...
By Brad Friedman on 1/3/2018 6:29pm PT  

We're back on today's BradCast after a brief New Year holiday break! But it wasn't entirely a break, as Alabama's Secretary of State John Merrill decided to launch a bizarre Twitter exchange with me over the holiday weekend. [Audio link to show follows below.]

The conversation included the state's chief election official repeatedly (and inaccurately) insisting that Alabama's paper ballot computer scanners do not "capture" scanned ballot images that can be retained by the system for review by the public after an election. He is wrong, as I politely noted during the conversation.

In fact, Merrill almost certainly knows he is wrong, since he actually went to the State Supreme Court to block an order by a lower court, issued the day before the December 12th U.S. Senate Special election between Democrat Doug Jones and Republican Roy Moore, to instruct all county election officials to set their computer scanners to retain all captured ballot images! [We discussed that multi-partisan lawsuit with one of the organizers, John Brakey, before it was filed, and again with one of the plaintiff attorneys, Chris Sautter, after the order was blocked by the state Supreme Court, allowing counties to destroy their captured ballot images.]

Nonetheless, after I questioned Merrill about the inaccurate information he was offering to the public, he decided to block me on Twitter, rather than admit that he had misinformed the public. Here's a PDF that reconstructs as much of the conversation as I could, given that I'm now blocked by him, so can't easily see his Tweets. Moreover, he also deleted a number of his own Tweets after he blocked me, and he repeatedly broke the conversation thread throughout. So, that PDF reconstruction will have to suffice for now to give you an idea of what at least one Twitter user accurately described as a "bonkers" exchange!

It wasn't the first time Merrill would block journalists, election law experts, or even his own constituent voters on social media after someone dared to suggest that he was wrong about AL election procedures. We're joined today by JOSHUA A. DOUGLAS, professor of election and constitutional law at the University of Kentucky College of Law. He, too --- like me, and like UC Irvine election law professor Rick Hasen --- was blocked on Twitter by Alabama's Republican Sec. of State after asking a question, in November, about the state's election code.

"I said, it's not about lying, it's about asking questions of a public official running their elections, and the next thing I knew, I was blocked myself. So, kind of ironically, Merrill blocked me for questioning whether he should be allowed to block others on Twitter who were trying to interact with him about the election," Douglas explains. He wrote about the incident and why it matters at AL.com.

We discuss all of this bizarre behavior, and whether or not it's a violation of the Constitution when folks like Merrill and, yes, the President of the United States, block citizens from being able to read their social media comments. All of which makes what we do --- as journalists, legal professionals and, yes, voters --- more difficult and even Constitutionally problematic in a number of ways.

Also today: Despite Merrill's odd behavior before, during and after the election (Merrill supported Roy Moore), Doug Jones was sworn in to the U.S. Senate today after (apparently) defeating Moore to become the state's first Democratic U.S. Senator in some 25 years, narrowing the GOP majority to just 51 to 49. And, King of the Twitter Trolls, Donald Trump threatened nuclear war again with North Korean leader Kim Jong Un and social media had a huge laugh at Trump's comments about having a "much bigger" nuclear button than Kim. But is any of it --- including the threat of war between two nuclear-armed nations --- really all that funny?...

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Guest: Salon's Heather Digby Parton; Also: Several federal court rulings block un-Christian Administration excesses over the Christmas weekend...
By Brad Friedman on 12/26/2017 5:42pm PT  

On today's BradCast: We're back at work between the holidays, even as the President only pretends to be. But maybe that's a good thing. For everyone. [Audio link to today's show is posted below.]

(Also, my thanks once again to Angie Coiro of In Deep Radio for filling in for us on Friday! Her must-listen exclusive interview with former Vice President Al Gore is right here!)

Over the weekend before Christmas there were several noteworthy federal court rulings against the Trump Administration. Among them, one blocked a plan by Trump's Housing and Urban Development (HUD) agency to overturn an Obama Administration rule meant to help low-income Americans obtain affordable housing as of January 1, 2018. The judge ruled Trump's HUD overturned Obama's new rule arbitrarily, with no supportable reason for doing so, which is unlawful. Another federal court over the holiday weekend partially lifted parts of Trump's third attempt at banning travelers and refugees from several Muslim-majority countries. The Administration claimed they were doing so for national security purposes. The judge determined that national security was actually threatened by the ban itself.

Then, in related-ish matters, we're joined by the great HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo to discuss many aspects of the Trump Administration and the GOP's long "War on Truth".

As the President pretended, on Tuesday, to be "back to work" --- before playing another round of golf on his 85th day of staying at one of his own branded properties during his Presidency --- we discuss a number of the ongoing hoaxes played by him and fellow Republicans on the American people, beginning with the absurd, Fox "News"-created "War on Christmas".

"I can't even believe I have to say this," Parton tells me with no small amount of exasperation, but "how far have we come that we are actually at a point that we have to prove that there was no 'War on Christmas'?" Good question, since it seems a non-trivial number of Trump supporters actually believe there was/is such a war. That said, as she further observes, it's become very difficult to know who really believes what anymore and who is playing whom at the end of a remarkably "disorienting" (to say the least) first year of Trump's Presidency.

"If you go over to Fox News, or you look at any of the rightwing media, or talk radio, of course, it's no longer that we're just arguing over stuff," she says, "they're in a completely different dimension than we are. The arguments they are having are not arguments that are taking place in our world. They're not arguing with real people. We're not existing on the same level of reality."

While the "War on Christmas" is a pretend reality, the "War for Truth," on the other hand, is "definitely raging," she argues. Among the many truths and frauds we seek to highlight during our conversation today: we discuss the GOP tax bill and whether voters will be moved by it to vote Republican in 2018 as the GOP seems to think; whether media (and Democrats) will stop falling for the mostly phony "economic concerns" of many Trump voters ("It was not based on economics, it was based on resentment," she argues); whether Democrats should or will take the bait being offered by Republican Senate Majority Leader Mitch McConnell to work across the aisle next year as both he and Trump now claim to want after a year of shutting Dems out of the Congressional process entirely; whether Truth Warrior Al Franken should have resigned from the U.S. Senate amid sexual misconduct claims; and what "Digby" finds herself most surprised by as Trump wraps up his intolerably long first year in office...

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Guest: Election integrity advocate Lulu Friesdat; Also: One deadly disaster after another, the 'Corker Kickback', calls for Franken to un-resign...
By Brad Friedman on 12/18/2017 6:44pm PT  

On today's BradCast: Yet another mind-blowing adventure in attempted election oversight. This time regarding the complete destruction of all paper ballots in the middle of a Florida lawsuit, following an election between two Democrats, one of them a powerful member of Congress. [Audio link to show follows below.]

But first: Deadly and costly disasters, natural and otherwise, top the news headlines on today's program. Among them: the catastrophic Amtrak train derailment on a brand-new line near Seattle, the second straight week for still-raging apocalyptic wildfires in Southern California, and the continuing disaster in Puerto Rico where, three months after Hurricane Maria came ashore, one-third of the island is still without power and the Governor has finally conceded that the official death toll of 64 may be off...by as much as 1,000!

All tolled, hundreds of billions will be needed to rebuild from those deadly disasters, and yet Republicans in Congress are still hoping to pass a $1.5 trillion tax cut, largely for wealthy Americans, before Christmas. Their scheme took a troubling turn over the weekend, as a new provision was added to the legislation during reconciliation of the House- and Senate-passed versions late last week. The new provision, it was revealed by David Sirota at International Business Times, would give special tax breaks to owners of large real estate holding LLC's like President Donald Trump, House Speaker Paul Ryan and, most curiously, Sen. Bob Corker who, on Friday, mysteriously reversed his previous opposition to the bill after the new provision was tacked on, in what many are now calling the #CorkerKickBack.

Then, we're joined by journalist, documentarian and election integrity advocate LULU FRIESDAT to discuss the remarkable turn of events recently revealed in response to multiple public records requests she has made over the past year in hopes of reviewing hand-marked paper ballots from the Democratic primary election last year between Rep. Debbie Wasserman-Schultz and her Bernie Sanders-endorsed challenger Tim Canova.

Just weeks after being forced to step down as chair of the DNC amidst the release of stolen emails from party officials, Wasserman-Schultz soundly defeated Canova in the first primary she'd faced in her six terms as a member of Congress. But, unexplained vote count numbers --- such as hundreds of more voted ballots than voters signed in to the poll books in the 23rd Congressional District race in Broward County, FL --- led to Friesdat's attempt to examine the paper ballots by hand, in hopes of determining if they were tallied correctly by the county's computer tabulators during the August 2016 Democratic primary. Eventually Canova himself filed a lawsuit against the county's Supervisor of Elections Brenda Snipes, after Friesdat says she was continually denied access to the materials.

In November of this year, well over a year after Snipes certified the contest, both were finally invited to inspect the Broward County ballots only to learn upon arrival that all of them had actually been destroyed by the county in the middle of the lawsuit. Only digital images of what were purportedly the original ballots were available for examination, according to Snipes, in what appears to be, according to Politico's survey of election experts, a clear and stunning violation of federal election law requiring all such materials be retained for 22 months after an election.

Friesdat tells me that neither her nor Canova had any idea the ballots were destroyed before showing up to review them. "If you're looking at digital scans, and you don't have the original ballots to turn to, at that point you have no way of verifying that ballots haven't been switched out, that ballots haven't been added, that ballots haven't been taken away --- you don't have any verification that those are the original ballots."

Oddly enough, she explains, "in the very first public records request in November [of 2016], I requested all of the digital ballot scans for the election, and I was told that they didn't have them, that they didn't exist. And then it turned out that they did exist. So the county was duplicitous in regard to that information."

As to what's really going on here, Friesdat demures from speculation, but says, based only on what is already known on the public record, that "according to Politico, seven legal experts that they consulted all agreed that the ballots being destroyed was illegal."

It is of a piece, she observes, with the recent revelations in Racine County, WI, in November of this year, when multi-partisan election transparency advocates were finally allowed to review some of the computer-scanned paper ballots from the 2016 Presidential election. After months of similar public records request, they were allowed to view original paper ballots, only to find that, in the precincts they examined, anywhere from 2 to 6% of perfectly valid Presidential votes had been ignored by the computer tabulators entirely. That, in an election where Trump is said to have pulled off his shocking statewide victory by less than 1%.

"What's going on here is actually just a representative sample of the problems that we have with our elections, and which you have been reporting on for over a decade," Friesdat says. "We're heading into the 2018 primaries. We at least now have a growing understanding and awareness that, in many cases, our election results may or may not be accurate, and that the protocols we are using in order to get those results are not secure." She offers many other troubling observations on all of this during our conversation today.

Finally, four U.S. Senators --- two of whom had previously called for Sen. Al Franken to resign amidst allegations of inappropriate conduct --- are now, according to a new report today, said to be hoping that he might reconsider his previously-announced plans to resign "in the coming weeks", before the Senate Ethics Committee has even investigated the charges against him...

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Guest: Sue Wilson of Media Action Center; Also: More mega-mergers before GOP tax cuts; Trump noms to EPA, federal bench withdrawn...
By Brad Friedman on 12/14/2017 6:27pm PT  

On today's BradCast: Disturbing news for Americans and free speech before Christmas, but great news for huge corporations enjoying record profits already. [Audio link to show follows below.]

First up, yet another media mega-merger is announced as Disney says they will purchase much of Rupert Murdoch's 21st Century Fox in a $52 billion dollar deal, even as Trump and the Congressional GOP push to give them all huge tax breaks --- at the expense of the poor and middle class. Republicans are hoping for final passage of their tax bill before Christmas and before presumptive Sen.-elect Doug Jones (D-AL) can be seated and further reduce the GOP's slim U.S. Senate majority.

On the upside today, one of Trump's wildly inappropriate industry shills nominated to the EPA has reportedly withdrawn, as have two wholly unqualified nominees for lifetime judgeship appointments to the federal bench.

Then, as expected on Thursday, Trump's Republican-led Federal Communications Commission (FCC), voted 3 to 2 along party lines to kill "Net Neutrality" rules for Internet Service Providers like AT&T, Verizon, Charter and Comcast. That, despite a letter from 18 state Attorneys General who asked the Commission to delay the vote until after a legitimate public comment period. The previous one, they charge, was manipulated by as many as 2,000,000 comments that New York's Attorney General Eric Schneiderman has found found to have been faked.

Nonetheless, right-wing FCC Commissioner and former Verizon attorney Ajit Pai did not delay the vote, and the Commission voted to kill the rules that had long prevented ISP's from blocking or slowing down certain websites or apps, or charging more for access to them. Longtime media reform activist SUE WILSON joins us today and describes the latest actions by the FCC as little more than a move toward the end of free speech on the Internet.

She argues that the move to kill Net Neutrality echoes the efforts to pass the Telecommunications Act of 1996, which was also sold by proponents at the time as a boon for competition and innovation that would result in more free speech over our public airwaves. Instead, the public radio waves have become the nearly exclusive domain of corporate right-wing political speech and propaganda in the 20 years since the measure was signed by President Bill Clinton.

"They made a lot of promises, when they consolidated radio, that we would end up with a much more diverse speech for everybody," Wilson explains. "Anybody who listens to radio knows that it's almost impossible to find a show like The BradCast on the air because it is now dominated by pro-Republican, conservative --- no, 'alt-right' --- speech, to the exclusion of all others. They flat-out lied to us, and guess what? That's what they're doing today."

A similar future may soon be in store for the Internet, unless promised lawsuits or Congressional legislation is able to block or reverse today's shamefully under-reported and disturbing turn of events.

"The claim that the Federal Communications Commission Republicans are making is that we need to give more money to broadband services so that they can invest in rural areas," says Wilson. "However, if you look at the Securities and Exchange [Commission] documents, which these corporations have to fill out --- under penalty of prosecution if they lie --- the six CEOs of publicly-traded broadband companies are telling their investors that the FCC's current Net Neutrality rules have not in any way impacted their investment strategies. Again, we're looking at the Federal Communications Commission, as headed by Ajit Pai, just making things up out of whole cloth."

Finally, Desi Doyen joins us for the latest Green News Report, with an update on the record and still-growing Southern California wildfires, more bad news about the Arctic, some good news for Tesla, and a worldwide embarrassment for the United States...

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Guest: Gaius Publius of 'Down With Tyranny'...
By Brad Friedman on 12/7/2017 6:19pm PT  

On today's BradCast: Are Democrats falling for all of these rightwing traps? Or are they willingly walking right into them...because they want to? [Audio link to show follows below.]

After a few news headlines today --- Australia's parliament finally adopts marriage equality; the white Charleston, SC cop who killed unarmed black man Walter Scott receives a 20 year sentence; another school shooting, this time in NM --- we move on to Sen. Al Franken (D-MN)'s announcement today on the floor of the U.S. Senate that he plans to resign "in the coming weeks".

The stunning announcement by the popular and dogged comedian-turned-Senator comes after fellow Democrats this week called for him to step down in the wake of several allegations of sexual misconduct said to have occurred before he became a U.S. Senator. Franken, who has been a champion for women's rights during his time in the Senate, maintains he either doesn't recall the incidents at all or remembers them quite differently than reported. He has described the most recent charge leveled against him this week by an unnamed victim, said to have been a Congressional staffer in 2006, as "preposterous". Nonetheless, while expressing confidence he would have been cleared by the Senate Ethics Committee of any wrongdoing, he says he will now step aside before that probe was even able to begin in earnest.

We share excerpts of Franken's remarks on the floor today, which include, as he notes, "some irony in the fact that I am leaving while a man who has bragged on tape about his history of sexual assault sits in the Oval Office and a man who has repeatedly preyed on young girls campaigns for the Senate [in Alabama] with the full support of his [Republican] party."

So, did Democrats fall for another right-wing trap in pushing Franken out? It wouldn't be the first time. We discuss several such traps --- including one that MSNBC seems to have fallen for this week regarding progressive radio host Sam Seder, before wisely changing course two days later --- with longtime progressive writer and blogger GAIUS PUBLIUS, who wrote earlier this week about Democrats falling, yet again, into the Republicans' "deficit trap" regarding federal spending on military and social programs. We debate why and whether Democrats fall into these rightwing traps or if they willingly choose to walk into them, for some reason.

"Why is it that Democrats seem to be one foot in the Republican camp and afraid to be too much in opposition, and one foot in the Democratic camp and not so fully pro-democratic values as we'd like them to be?," Publius observes as we discuss Franken, the 'deficit trap' and more. "I would argue that it's not fear. We're not dealing with cowards here. We're dealing with people who are, in some sense, compromised by their own values. Their own values are putting them in this position where they can't please anybody."

There's lots to chew on in today's conversation on these topics!

Finally, Desi Doyen offers our latest Green News Report as wildfires continue to rage near us here in Los Angeles, and as several breaking news items, related to all of the above, break late during today's show...

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Guest: Legal reporter Mark Joseph Stern; Also: Fires worsen in and near L.A.; Franken may be forced, by Democrats, to resign...
By Brad Friedman on 12/6/2017 6:14pm PT  

On today's BradCast: Another day, still more chaos in these United States, threatening to all but drown out two major civil and privacy rights cases heard this week by the U.S. Supreme Court and covered in detail on today's show. [Audio link to full show is posted below.]

But first, Desi Doyen joins us for an update on the out-of-control wildfires in and around Los Angeles today, threatening tens of thousands of structures and many more residents, who have been forced to flee several large blazes fueled by dry conditions and record winds. Also in danger: Animals, priceless works of art and one of Rupert Murdoch's mansions.

Next, calls from fellow Democrats for Sen. Al Franken to resign blew up on Wednesday in the U.S. Senate, after another unnamed woman reportedly stepped forward to claim the Minnesota Senator tried to kiss her after a radio program back in 2006. Franken denies the claim and calls it "preposterous", but may be forced to resign anyway on Thursday, less than one week before Republicans in Alabama may elect Roy Moore, an accused child molester, to the same U.S. Senate. Desi has a few choice thoughts on the Franken matter as well.

Then, we're joined by Slate legal reporter MARK JOSEPH STERN, to discuss two important cases heard at the U.S. Supreme Court this week. Stern, who was at the Court during oral arguments for both, explains what is at stake in each, and how the Republicans' blatantly stolen seat occupied by Justice Neil Gorsuch will radically effect each case.

The first, Carpenter v. United States has to do with the U.S. Government's argument that law enforcement has the right to obtain anyone and everyone's cell phone location data, even without obtaining a warrant from a court first, in what appears to be a clear violation of the U.S. Constitution's 4th Amendment privacy rights for freedom from unreasonable search and seizure.

"The case almost sounds too crazy to be true," Stern tells me, detailing the Government's argument that "because customers voluntarily turn over the data to a third party --- their cellphone companies," which keeps records of which cell phone towers are used and by whom, customers "have no right to privacy with regards to that information."

The second, Masterpiece Cakeshop v. Colorado Civil Rights Commission is an even more insane "free speech" and "religious expression" case. It was brought by a virulently anti-gay baker in Colorado who claims his bakery shop has the First Amendment right to discriminate and refuse to sell a cake to two men celebrating their same-sex wedding. The Colorado Civil Rights Commission and the state courts disagreed with the baker, Jack Phillips of Masterpiece Cakeshop, who appealed to the U.S. Supremes. Surprisingly they took up the case after Phillips was also joined by Trump's U.S. Department of Justice over the summer.

Stern details the liberal Justices' skeptical (and even hilarious) questioning of whether Phillips' argument that he is an "artist" exercising creative free speech --- not blatant discrimination --- could also be extended to florists and hair stylists and make-up artists, among many others.

"This is an embarrassment," says Stern. "What happened here is a clear-cut case of discrimination." He also highlights one key irony underscoring the entire case: "The Supreme Court's conservative justices have really been lecturing gay people for years that they should stop turning to the courts to vindicate their rights and, instead, go through the democratic process to secure their equality under law. And here we have a case of gay people doing exactly that. Gay people in Colorado fought long and hard to change the law to protect their right to equal service in public accommodations. They succeeded. And now, those same Supreme Court conservatives who said you have to do this through democracy, are now poised to say, 'Actually you don't get to this,' and nullify the rights that they secured through the democratic process."

Depending on how Justice Kennedy decides in a likely 5 to 4 opinion one way or another --- on a case that would have been a cake walk for civil rights advocates before Republicans stole the Court majority --- what could very well result is legalization of mass discrimination of people of all races, religions and sexual orientations by any and all manner of businesses in the U.S. for decades to come...

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Intra-party Republican disarray over health care repeal, Trump's trans ban, threats to replace AG, more | GUEST: Former Acting CBO Director Donald Marron on why GOP plan to gut the agency is 'a terrible idea'...
By Brad Friedman on 7/27/2017 6:51pm PT  

On today's BradCast, Trump's White House and the GOP Senate devolve into utter chaos. And a former CBO director joins us to explain why the Congressional Budget Office is so important. [Audio link to show follows below.]

Both Congress and the White House are, figuratively, exploding today, with unprecedented, intra-party, public food fights and disarray among Republicans that now seems to be breaking out in virtually every direction --- inside the U.S. Senate, inside the Trump Administration, not to mention between Congress and a number of Executive Branch agencies.

The U.S. Senate is in disarray as they try to pass a "skinny repeal" to the Affordable Care Act, a last gasp effort to pass something, anything, to call a "win" in the 7-year effort to repeal and replace ObamaCare. But a number of Senators are concerned that the effort which guts the requirement for individuals to buy health insurance, could be adopted as is in the U.S. House, sending premiums skyrocketing and the insurance market into a death spiral.

The White House is in disarray as Administration officials face down bipartisan outrage over Trump's surprise military transgender ban. Turns out, as we've since learned, he was actually trying to save funding for his border wall with Mexico (and other priorities) in exchange for spiking medical funding for trans members of the military, when he shocked lawmakers by announcing a complete ban, which is much more than those Rightwing Congressmembers had actually been lobbying for.

And, of course, there's the disarray that spans between a number of Executive agencies, the White House and Congress, as Senators hope to avert a full-blown Constitutional crisis by attempting to block Trump from firing his own Attorney General and appointing a replacement without Senate confirmation during the upcoming recess. And the Secretary of the Department of Interior threatens members of the Senate on behalf of the President, for not voting as the White House wishes on repealing health care for millions of Americans. Yes, the Secretary is actually threatening to protect the environment if the Senators don't play ball!

All of that without even delving into the wildly bizarre intra-White House disarray between Trump's new Communications Director and his own Chief of Staff!

Then we're joined by a former Acting Director of the Congressional Budget Office (CBO) DONALD MARRON, now a Fellow with the Urban Institute, to discuss the recent attacks by Republicans on the office responsible for scoring legislation like health care reform. Such analyses by the CBO help to let both Congress and the American public know how much such schemes will cost in both tax-payer dollars and Americans losing access to health care.

Marron, who also served as Chief Economist on the President's Council of Economic Advisers under George W. Bush, says the recent attempts by the Congressional Freedom Caucus to gut the CBO and have the office's work replaced by outside private research institutions is "a terrible idea". He explains why, what the CBO actually does for Congress and the American people --- such as scoring some 600 pieces of legislation a year and privately advising members as they develop bills --- that most are not familiar with, and how the office was formed out of the budget battles during the Nixon years.

"The folks at CBO are accustomed to some background level of being beaten up on --- just as umpires and referees are used to it," Marron tells me, but "the level of enmity towards CBO by some circles today is quite extreme." He goes on to detail why outside groups --- his own Urban Institute was cited by the Freedom Caucus as one of those which could help replace the CBO --- cannot take the place of the Congressional agency. "If you're going to run an intelligent Congressional budget process, Congress really ought to have its own agency, producing its own numbers, that works directly for Congress, is part of Congress, and responds to the needs of Congress in ways that outside groups simply can't," he explains.

He also responds to critiques that CBO analyses have been inaccurate in the past and that the office, currently headed up by a conservative Republican appointed by a Republican Congress, is biased against Republican proposals. "From my point of view, the Congressional Budget Office is a real jewel in our government. It is a wonderful agency, filled with non-partisan professional staff whose job it is to give their best read to members of Congress about what the budget and economic implications will be of proposed policy."

Finally, as today's show closes, the U.S. Senate adopts a new sanctions package against Russia, Iran and North Korea, which now heads to the White House for the President's signature...or veto. And Kris Kobach, the GOP "voter fraud" fraudster heading up Trump's so-called "Election Integrity" Commission has court sanctions upheld against him, and receives another smack-down from another federal judge for having 'demonstrat[ed] a pattern' of 'deceptive conduct' and 'patently misleading representations' in the ACLU's lawsuit against his proof-of-citizenship voter registration restrictions as Kansas Sec. of State...

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Guest: Author, naturalist Tony Russell...
By Brad Friedman on 6/29/2017 5:14pm PT  

On today's BradCast: It's been 29 years since NASA's chief scientist, Dr. James Hansen, offered landmark testimony to the U.S. Senate in June of 1988, explaining that scientists had determined with 99% certainty, as the New York Times reported it at the time, that record atmospheric warming since the 1950s "was not a natural variation but was caused by a buildup of carbon dioxide and other artificial gases in the atmosphere." [Audio link to show follows below.]

Of note in the Times coverage at the time --- headlined "Global Warming Has Begun, Expert Tells Senate" --- there was nobody quoted from the fossil fuel industry offering denial to the basic scientific facts about which Hansen and others testified that day, based on temperature records going back (at the time) 130 years, and finding that the first five months of that year had been the hottest on record. (The record temperatures that year don't even rate among the top 20 anymore.)

"It is time to stop waffling so much and say that the evidence is pretty strong that the greenhouse effect is here," Hansen told the paper after his 1988 testimony. "Global warming has reached a level such that we can ascribe with a high degree of confidence a cause and effect relationship between the greenhouse effect and observed warming,'' he testified to the Senators. ''It is already happening now.''

The panel of scientists warned that "If the current pace of the buildup of these gases continues, the effect is likely to be a warming of 3 to 9 degrees Fahrenheit from the year 2025 to 2050." They were pretty much exactly on target, so far, with those projections. Then Senator Timothy E. Wirth (D-CO), chair of the Committee, responded: "'As I read it, the scientific evidence is compelling: the global climate is changing as the earth's atmosphere gets warmer. Now, the Congress must begin to consider how we are going to slow or halt that warming trend and how we are going to cope with the changes that may already be inevitable."

In the 29 years since --- particularly in the seven years since the Supreme Court's Citizen United opinion unleashed unlimited fossil fuel industry funds into our electoral process --- Republicans (and some Democrats) have instead figured out how to "cope with the changes" by denying they exist at all, or pretending there is uncertainty about who is responsible for it.

But the science is very clear, even more now than than. (And it was even clear some 30 years prior to Hansen's 1988 testimony, as a clip from a 1958 television program, dug up by Desi Doyen and played in part on today's show, makes evident.) And yet, the President of the United States and his top lieutenants --- among them EPA Administrator Scott Pruitt and Energy Secretary Rick Perry --- have been taking to the airwaves of late to confuse the public with blatant misinformation to distract from the point that man is responsible for all of Earth's warming recorded since the 1950s.

Marking the 29th anniversary of Hansen's testimony, naturalist and author Tony Russell penned a very simple, very clear explanation --- "Global Warming in a Nutshell" --- of the very simple science and math behind global warming, how we know that man is responsible for the 48% increase of heat-trapping CO2 over the past 60 years (CO2 emitted by the burning of fossil fuels lacks a specific carbon isotope, so we can actually measure it!), and what we must do about it...and quickly. He joins us today to discuss that article, and the reasons he wrote it. "I have 9 grandchildren," he tells me, "so they are very much on my mind."

"In some ways, I'm starting to see our situation as desperate," he warns, explaining how it is that we know that disinformation from folks like Pruitt and Perry is simply, and demonstrably, wrong. "When you have warming in the pipeline, with CO2 hanging in the atmosphere that's going to continue to re-radiate heat for tens of thousands of years, and we keep adding new carbon dioxide to the mix, there's no way to stop it. We're loosing a runaway train."

Noting that natural sources, such as oceans and forests, have been able (at least up until recently) to absorb some 50% of the carbon we release, Russell explains: "If you want to stop adding to the CO2 in the atmosphere, then humans have to cut their emissions by 50% from current levels. The figures you see are usually on the order of cutting emissions by 20% by, say, the year 2025. Every year that you hold it at 20%, then 30% will go into the atmosphere. CO2 levels will keep on climbing, more long term warming will be locked in. It really is that simple."

We've covered climate quite a bit over the years on The BradCast and, of course, on our Green News Report. But sometimes it's important to go back to the basics on how stark the science and the reality of our dire situation now is.

On the same topic, speaking of U.S. Senate testimony that's been too-much overlooked, as Dr. Joe Romm at Climate Progress notes this week, Sen. Al Franken (D) recently "set climate deniers' last strawman on fire" during an exchange last week with Sec. Perry, when the Minnesota Senator pointed out that even the Koch Brothers own climate scientist Richard Muller recently conceded that all of the recent warming in the atmosphere was due to our burning of fossil fuels. We play the remarkable exchange today in full.

Also today: Wildfires break out across the West (for some reason); Senate Republicans are having a difficult time getting to 50 votes on their legislation to repeal ObamaCare (at least without Democrats helping); And our small, bitter President unleashes an ugly, bitter, embarrassing and mostly just sad assault against journalist Mika Brzezinski, from atop his bully pulpit (pun intended)...

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Guest: New Republic's Jeet Heer on Trump's 'dark, dystopian and divisive' address to Congress, and the media's woeful mischaracterization of it...
By Brad Friedman on 3/2/2017 6:08pm PT  

On today's BradCast: with quickly mounting pressure from both Republicans and Democrats following reports that he failed to disclose meetings with Russia's U.S. ambassador as a Trump surrogate during last year's campaign, Attorney General Jeff Sessions finally announces he will recuse himself from any investigation into the Trump campaign's alleged ties to Russia. [Link to audio of show posted below.]

The breaking announcement today comes just hours after Trump said there was no need for Sessions to recuse himself, as some Democrats are now charging that sessions should resign for having "lied to Congress". But did he?

Also today, before and during his address on Tuesday to a joint session of Congress, Trump shamefully avoided responsibility for his botched raid in Yemen by hiding behind a Navy SEAL widow and his generals who, he claimed, described the mission as a great success, having obtained loads of actionable intelligence. The following day, however, it was inconveniently reported that "ten current U.S. officials across the government" disputed the President's characterization. They charge that no significant intelligence was obtained during the raid that was quickly approved by the President and led to the death of a U.S. Navy SEAL and 25 civilians, including 9 children.

Then, we're joined by New Republic's Jeet Heer on the "dark, dystopian, and divisive message" delivered by Trump to Congress this week, and on the corporate media's abject failure to accurately report on the address to the American people.

"I was kind of shocked at the coverage that the speech was receiving," Heer tells me. "I grant you, by Trump standards, this was more moderate and Presidential but only by those standards." He goes on to describe the "Jekyll and Hyde" nature of the speech in which he may have softened his tone, but still detailed extremist policies that harken back to his "American Carnage" inaugural address.

Heer also rings in on today's breaking news of Sessions' recusal, describing the new AG and former Senator "as a man who wanted to impeach a President over perjury. So, I think 'Do we have a different standard for him than Bill Clinton?'"

Finally today, Desi Doyen returns with our latest Green News Report on the new EPA Secretary Scott Pruitt who is also now being accused of having lied to Congress during his nomination hearings...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Senator Jeff Sessions responds to colleague queries on voting rights, climate science and lying about his own record...
By Brad Friedman on 1/10/2017 5:54pm PT  

On today's BradCast, U.S. Senate confirmation hearings for Donald Trump's top Administration nominees are officially underway. They began today with Day 1 of hearings for controversial U.S. Attorney General nominee Sen. Jefferson Beauregard Sessions of Alabama. [Audio link to show posted below.]

In the days leading up to today's Sessions session, Democrats have blasted Senate Republican Majority Leader Mitch McConnell for reversing course on demands he had made for Obama nominees back in 2009, requiring that all background checks and vetting by the Office of Government Ethics be completed before hearings begin. Also, before today's hearing commenced, members of the Congressional Black Caucus requested time to give testimony on Sessions' extremely controversial civil rights record. Senate Judiciary Committee Chair Chuck Grassley (R-IA), however, while agreeing to allow the member testimony, broke with Senate tradition by only allowing it only after all of the other witness testimony has completed.

We cover all of that today and more details on the former Alabama state AG and U.S. Attorney's https://www.thenation.co...e-to-the-jim-crow-era/\">troubling record on civil rights along with his failure to tell the truth about it. We offer extended excerpts of Sessions' testimony today, including exchanges with Senators Franken (D-MN), Klobuchar (D-MN) and Whitehouse (D-RI), who pressed the A.G. nominee on voting rights, civil rights, and climate science, among other issues, in what was, in my opinion --- and, in particular, given the moment --- an all-too friendly hearing among Senate colleagues.

Nonetheless, hooks were baited and traps were set for what could lead to trouble for Sessions on several of these key issues in the days (and years) ahead, if his nomination is confirmed as expected...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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