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Latest Featured Reports | Sunday, November 29, 2020
Talking Turnout, Treason & Turkeys: 'BradCast' 11/25/20
Guest Host Nicole Sandler with author/journalist Ari Berman and Law Professor/author Carlton F.W. Larson...
Why Biden Must Look Both Forward AND Back:
'BradCast' 11/24/20
Guest: Const'l attorney John Bonifaz on Trump's failed coup, need for accountability; Also: PA, NV certify Biden victories; Overdue corrections; What we're thankful for...
'Green News Report' 11/24/20
  w/ Brad & Desi
Biden taps Kerry for climate, elevates role to Nat. Sec. Council; GM dumps Trump for EVs; Trump rolls back more enviro safety rules, denies disaster aid to PA...
Previous GNRs: 11/19/20 - 11/17/20 - Archives...
The Crazy Continues from the 'Coup Klutz Clan': 'BradCast' 11/23/20
MI certifies Biden win; Judge tosses Team Trump PA suit; GSA begins transition; 'Dominion / Venezuela' conspiracy lawyer tossed under bus...
Federal Court Slams Door On Trump Effort to Block PA Certification of Biden Win
Conservative Judge shreds plea 'to disenfranchise almost 7 million voters' with no evidence 'speculative accusations'...
Sunday Turkey Week Toons
PDiddie's latest delicious feast (sour grapes included!) of the week's best political toons...
Team Trump Bastardizes 2010 BRAD BLOG Exclu to Declare a 'Dominion CONSPIRACY!': 'BradCast' 11/20/20
What they get right and wrong | Also: Randall D. Eliason on pressuring Trump's legal firms...
COVID Surging Most in GOP-Led States; Trump Still Scheming to Steal Election: 'BradCast' 11/19/20
Warnings, heartbreaking milestone before holiday; GOPers try to block certification...
'Green News Report' 11/19/20
UK accelerates gas car phase-out; U.S. carmakers knew 50 years ago about global warming, lied about it; PLUS: San Francisco phasing out fossil fuels in new buildings...
GA SoS Admits 'Audit' Can't Legally Change Results: 'BradCast' 11/18/20
Guest: GA count observer Jeanne Dufort; Also: Trump targets minority votes as 'fraud'; Rudy claims PA Bush v. Gore violation, then violates it in WI...
'Green News Report' 11/17/20
Hurricane Iota slams Nicaragua; Trump Admin rushes oil leases for ANWR; PLUS: Biden meets with business and labor on climate and economy...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Guest: Const'l attorney John Bonifaz of Free Speech for People on Trump's failed election coup and the need for accountablity from the new Administration; Also: Biden victories certified in PA, NV; A few overdue corrections; And several things we're thankful for before the holiday...
By Brad Friedman on 11/24/2020 7:47pm PT  

On today's BradCast, we see some light at the end of America's dark tunnel. [Audio link to full show follows below.]

On Tuesday, the swing-states of both Pennsylvania and Nevada certified Joe Biden's victory over Donald Trump, joining Michigan from Monday. In Arizona, which certifies next week, its very Trumpy Republican Governor Doug Ducey conceded that "Joe Biden did win". And, despite Trump's repeated lie that the stock market would crash if Biden was elected, it continued to soar today, with the Dow closing above 30,000 for the first time. Trump stayed largely inside his White House bunker while continuing to falsely tweet that he won the election, though he did come out long enough to "pardon" a couple of turkeys. He's probably warming up for what is to come during the last desperate days of his failed Presidency.

We're joined today to discuss all of that and much more by Constitutional attorney and election law expert JOHN BONIFAZ, co-founder and President of the nonpartisan, non-profit good government group Free Speech for People (FSFP). His organization won several important victories in key voting rights cases prior to the election. One of them helped extend Arizona's registration deadline during the pandemic, allowing for 35,000 new registrations in the state that Democrats now appear to have won, for the first time in decades, by about 10,000 votes.

Our conversation today focuses largely on accountability, and the need for the President-elect to assure the criminal Administration of the previous four years does not escape it, as the Obama Administration allowed the George W. Bush Administration to do in their ill-considered effort to "look forward not back". Biden has reportedly been uttering similar thoughts of late. Bonifaz argues that would be a fatal mistake. "You can draw a straight line from the decision that President Obama made to only look forward, not to look back at the war crimes, the torture that had taken place during the Bush Administration --- you can draw a straight line from that decision, that strategic error, to the rise of Donald Trump. And I do think that we cannot make that mistake again," he tells me.

Among the areas of accountability that await the outgoing President, as Bonifaz sees it and hopes to ensure with FSFP: Crimes that were not included in Trump's impeachment for attempted extortion of the Ukrainian President (Bonifaz co-wrote a book on those crimes); obstruction of justice and other crimes touched on by Special Counsel Robert Mueller that remain unpunished; horrors carried out by the current administration at our nation's borders, including the "kidnapping" of children; the ongoing attempted coup to overthrow the results of the 2020 election; and even crimes against humanity for Trump's unforgivable failure to help avoid the unnecessary deaths of more than a quarter of a million Americans (to date) thanks to his criminal lies about the COVID pandemic --- just to name a few.

"What we've been left with now, since the election is perhaps the worst abuse of power of them all," explains Bonifaz, who is also founder of the National Voting Rights Institute. "His effort to subvert the Constitution, to disenfranchise millions of voters based on this falsehood that mail-in voting has been fraudulent, and to effectively overturn the Presidential election results, and engage in an attempted coup. All of that is not only an abuse of power, but it's a broad criminal conspiracy for which this President should be held accountable once he is out of office."

We also discuss whether Trump has the Constitutional power to pardon himself for any of those crimes before leaving office, and whether the Republican claims at having newfound concerns about election integrity (based in no small part on years of my own investigative reports, though bastardized by the cretinous lawyers currently representing Trump in his attempt to reverse his reelection loss by both hook and crook), might result in a new reason for hope for the real, decades-old Election Integrity movement. Longtime advocates like Bonifaz and myself have fought for years in that movement against the privatization of our elections by corporate voting system vendors and their proprietary computer voting and tabulation systems. Perhaps after the partisan opportunists have peeled off from the GOP's current false claims about "Dominion!" and "Smartmatic!" and "Hugo Chavez!", we'll find new legitimate allies from the Right.

"We have to reach for the gold standard of election integrity, which are hand-marked paper ballots for all of our jurisdictions across the country, with assistive devices for those who need it," Bonifaz tells me. "But we cannot have the private voting systems industry be in charge of counting our votes, because it leads to this distrust. It leads to this lack of verifiability. The reality here is that because so many people voted by mail this year, we actually had an ability to verify the election even more so than previous cycle. Hand-marked paper ballots are the gold standard."

Also today: A few overdue corrections before the holiday and several things that I am exceedingly grateful for, even in these dark days. And Desi Doyen joins us for our last Green News Report before Thanksgiving, which includes several items to be thankful for as well...for a happy change...

Download MP3 or listen to complete show online below...

P.S. Guest-host Nicole Sandler is in for us tomorrow! We'll see you next week after the holiday! Please stay safe and HEALTHY!

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Guest: Daniel Nichanian of 'The Appeal'; Also: COVID-19 surge shatters U.S. records, explodes at White House, RNC, and for Georgia's Sec. of State; Rove says 'Election won't be overturned'...
By Brad Friedman on 11/12/2020 7:51pm PT  

On today's BradCast, a brief if welcome respite (mostly) from the embarrassment of Donald Trump's pathetic, ongoing denial about his election loss, for a look at some under-reported news from last week's election, and the worsening crisis that Trump really needs to eventually face Crimes Against Humanity charges for. [Audio link to show is posted below.]

The COVID-19 crisis continues its stunning surge in the U.S., with new daily case numbers now clocking in at 150,000 after reaching 100,000 for the first time only last week. Hospitalizations are also now shattering all time records, with some 65,000 admitted across the country. It's all getting much much worse, including (perhaps, especially) at the White House, following Trump's maskless super-spreader Election Night "Victory" Party last week. One senior official after another is now testing positive there, along with RNC officials who have reportedly been spending time spreading the virus while shuttling between the White House and various states in which the Trump Campaign is pathetically contesting election results. Sadly, the oldest member of Congress, 87-year old, 24-term GOP Congressman Don Young of Alaska also announced he tested positive on Thursday.

But perhaps of even more note to BradCast listeners, the wife of Georgia's hapless wingnut Sec. of State Brad Raffensperger says she is positive. That means the Secretary himself will now be forced to quarantine as his state is set to kick off the unprecedented --- and likely disastrous --- mess that Raffensperger described yesterday as "an audit, a recount, and recanvass all at once" in the statewide Presidential contest. Joe Biden appears likely to have defeated Donald Trump in the state by more than 14,000 votes.

We explained in great detail on yesterday's BradCast why Raffensperger's newly-announced statewide hand-count is likely to be a mess (and end up increasing Biden's margin if it's legitimately carried out). But now, with Raffensperger in quarantine, it will be even more of a mess --- or it could run much more smoothly now that he won't be there to screw everything up!

Either way, we're happy to associate with Karl Rove, of all people, today. He opined in the Rupert Murdoch-owned Wall Street Journal last night that "This election won't be overturned," arguing persuasively that Trump's "efforts are unlikely to move a single state from Mr. Biden's column, and certainly they're not enough to change the final outcome." If even Rove is unwilling to play along with Trump's hapless scheme to steal the White House for a second term, then you can probably rest easy that none off this is ultimately going to amount to anything more than anxiety, bluster and noise from our cry baby President.

But, in a welcome break today from our deranged, wannabe tyrant and outgoing President-in-denial, we catch up on just a few of the noteworthy contests and issues from last week's ballot concerning criminal justice reform and voting rights. Despite disappointing losses for Democrats in the U.S. House and Senate, there was quite a bit of very encouraging news for progressives in down-ballot races for District Attorney and County Sheriffs, as well as measures that take on mass incarceration and over-policing. We also saw voters approve the legalization of recreational marijuana in every state where it appeared on the ballot (including, yes, so-called "deep red" states), along with other very progressive decriminalization measures to begin winding down our long, failed War on Drugs.

We're joined today to discuss all of this and more by DANIEL NICHANIAN, popularly known as simply @Taniel on the Twitters. He is the Editor of The Appeal: Political Report and a Senior Fellow at the Justice Collaborative, where he reports on the local politics of criminal justice reform, mass incarceration and voting rights, among other important matters.

"When you look at the county level, at the state level, there are a lot of opportunities for progressives to push the conversation forward, to push policies in a more progressive direction, specifically on criminal justice," he tells me. "If you do care about mass incarceration or about law enforcement, about racial injustices that accompany all that, then the local level, the county level is really where you should be looking. Because prosecutors, sheriffs and officials that are elected locally are going to be some of the most important actors that are going to be deciding what practices and policies are going to be implemented. And that's where we saw some big flips this year."

Finally, we close today with Desi Doyen and our latest Green News Report, as Biden begins to rebuild U.S. climate policy both at home and with very welcoming world leaders abroad; the Fed warns about instability in the economy due to climate change; the renewable energy industry defies the COVID crisis; and the Trump Administration races to destroy as much of the environment and our federal science structure as possible before Trump is dragged kicking and screaming from the White House...

Download MP3 or listen to complete show online below...

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Guest: Slate's Mark Joseph Stern on Kavanaugh's terrifying, error-riddled opinion in the case that blocks WI from counting thousands of timely cast mail-in ballots; Also: Trump's very VERY bad day...
By Brad Friedman on 10/28/2020 7:16pm PT  

On today's BradCast: It was a very very bad day for Donald J. Trump and for his odds of winning re-election. At least on paper. Don't get too excited just yet. (But please do vote, ASAP, if you have not done so already! And if you're voting by mail-in ballot, do not mail it in! Deliver it in person, at this point!) [Audio link to full show is posted beneath summary.]

Among the very bad news for our failed President on Wednesday...

  • 'Anonymous' was revealed to have been the Chief of Staff of his own Dept. of Homeland Security, who has now endorsed Joe Biden;
  • The stock market --- the only thing that Trump has left to crow about --- plummeted on concerns about the startling third-peak surge in the U.S. COVID pandemic, thanks to Trump's bungled response, with the Dow falling more than 950 points;
  • Hackers defaced the Trump Campaign website;
  • The White House Office of Science and Technology Policy released an embarrassing document detailing the Trump Administration's "accomplishments", leading off with "Ending the COVID-19 pandemic"! If you have any doubts about that, they quote noticed science and technologist Ivanka Trump as supporting evidence;
  • 20 former Republican U.S. Attorneys, serving in Presidential administrations from Eisenhower to George W. Bush came out with their "strongest endorsement" for...Joe Biden. (So much for Trump as the self-proclaimed "law and order President");
  • Hundreds of Trump supporters were left stranded by the Trump Campaign in frigid temps on an airstrip in Omaha, Nebraska on Tuesday night, after Trump's latest super-spreader rally. Seven supporters were hospitalized "with a variety of medical conditions" as they waited in the dark until after midnight for buses to arrive to drive them back three miles to their cars;
  • And, all the while, the polling both nationally and in battleground states continues to appear bleak for Trump, including one (frankly, hard-to-believe) new poll from ABC News/Washington Post finding Biden up by 17 points in Wisconsin.

As noted, it was a very bad day for Donald Trump's reelection effort. At least in theory. But he still has a few Trump Cards that he believes --- with good reason --- he may be able to play at his stolen and corrupt U.S. Supreme Court. That effort will involve preventing timely cast ballots from being tabulated at all following Election Day.

If the concurrence filed in a Wisconsin case on Monday night by former GOP operative turned GOP activist Supreme Court Justice Brett Kavanaugh, however, is any indication of how this scheme will work, you should plan to either laugh or cry yourself to death in the coming days.

We're joined today once again by Slate's brilliant legal reporter MARK JOSEPH STERN to explain which of those two options is more likely at this point. Or, as he says today, "be the 'Angel of Doom' on your show, here to deliver some bad news from the heavens and generally terrify you about what's coming from our Supreme Court in the coming weeks and months."

On Monday night, the Supremes issued an order that blocked a lower federal court's ruling allowing the counting of mail-in ballots postmarked in the Badger State by Election Day that arrive up to six days after November 3rd. The opinion was a party-line 5 to 3 vote, with Kavanaugh issuing an extraordinary 18-page concurrence [PDF] with his majority vote to nullify potentially hundreds of thousands of legitimate ballots. The concurrence, however, was full of demonstrable, laughable, egregious errors of fact, including the claim that states like to declare winners on Election Night (zero of them actually do, as Stern correctly notes) and that counting ballots after Election Day might "potentially flip the results of an election."

Since elections are never certified by states on Election Night --- only the media declare "winners", in that sense --- official state results cannot be "flipped" with the counting of ballots after Election Day. It takes anywhere from days to weeks to tally ballots and certify winners even when we're not in the middle of an horrific pandemic that has resulted in an all-time record use of vote-by-mail options across the country.

That said, as insane as Kavanaugh's opinion was, both he and Trump's first stolen Supreme Court pick, Neil Gorsuch, offered a "totally deranged attempt", as Stern described it, to hew to a rejected opinion from the Bush v. Gore case in 2000 that handed the Presidency to George W. Bush. Though it came from a minority of Justices at the time --- in an opinion that specifically said it could never be used as a precedent in any other case --- it does now seem to be one of the Trump Cards that could be played to try and steal this year's election.

As Stern explains today, the portion of Bush v. Gore cited by Kavanaugh (inaccurately claiming it was from a unanimous majority opinion when it was neither unanimous nor in the majority!) was so radical at the time that even Justices Sandra Day O'Connor and Anthony Kennedy refused to concur with it. Nonetheless, incredibly enough, there are now three Republican Party attorneys who worked on that Florida case in 2000 on behalf of Bush --- John Roberts, Kavanaugh and now Amy Coney Barrett --- actually sitting on the Court as Justices. That means anything could now happen, depending on how things work out as of next Tuesday night. So buckle up, as Stern details why all of this could come into play week and in the future, "because if this comes down to a few thousand or a few hundred ballots --- hoo boy --- it's going to make Bush v. Gore look like a warmup act for what's coming next."

We also get some reaction from Stern on Biden's recently stated position to call for a bi-partisan panel of Constitutional scholars to make recommendations for Court reform and/or expansion (presuming Biden wins and Dems take back the Senate), and a federal court's rejection this week of the DoJ's absurd attempt to dismiss a defamation lawsuit against Trump, filed in NY state court by columnist E. Jean Carroll who alleges he raped her in the 1990's.

Finally, we use a few minutes to name the "winner" of our recent bumper music trivia "contest" from Monday, when our guest was Ion Sancho (the legendary former Florida election official who oversaw the aborted 2000 "recount") and then, just in case you needed any more inspiration today to help ensure a landslide next week, we close with a parody song performed by Lauren Myers with lyrics written by our friend and regular guest-host Nicole Sandler!

Oh, and P.S., if you want to share that absolutely bone chilling Lincoln Project ad we opened today's show with, it's right here.

Download MP3 or listen to complete show online below...

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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: Author and 'REDMAP' gerrymandering expert David Daley; Also: Lawyers hate Trump; Dems to boycott Barrett vote?; Federal court allows TX to reject mail-in ballots without contacting voters...
By Brad Friedman on 10/21/2020 6:56pm PT  

There's a lot to digest on today's BradCast, so I'll try to keep this teaser brief so you can just listen. [Audio link to show is posted below summary.]

First up, it turns out lawyers really don't like Donald Trump, even the ones he actually pays millions to work for him. In Congress, Dems vow "no more business as usual" on Amy Coney Barrett's nomination, but how much are they actually able to do about it? We may be about to find out.

And, as if it wasn't difficult enough to vote safely --- or at all --- in Texas amid the pandemic (or even before the pandemic!), still more vote suppression has just been ordered there by the radical rightwing judges on the 5th U.S. Circuit Court of Appeal.

A ruling like the one they've just issued to allow mail-in ballots to be rejected based on perceived signature mismatches (as adjudicated by non-handwriting experts) without contacting voters first to allow them to cure any perceived problems, is the type of voter suppression that might have been blocked in advance by Section 5 of the Voting Rights Act before it was gutted by the GOP-majority U.S. Supreme Court in 2013, in the infamous Shelby County case.

That ruling of a piece of with Karl Rove and the GOP's "Plot for Permanent Minority Rule", as expertly detailed by our guest today, author and FairVote.org Senior Fellow DAVID DALEY in his new must-read cover story for The New Republic this month. Daley unspools the full story of how the unlikely Republican voting rights hero, Rep. James Sensenbrenner (R-WI), partnered with Rep. John Conyers (D-MI) and voting rights icon Rep. John Lewis (D-GA) in 2006 to ensure the re-authorization of the VRA in full for 25 more years. Sensenbrenner held a dozen hearings with nearly 50 witnesses as Chair of the U.S. House Judiciary Committee, in order to compile some 12,000 pages of recent, compelling evidence of racially-based voter suppression that supported the need to extend the then 40-year old landmark civil rights law.

But that was before Karl Rove's successful scheme to gain GOP control of state legislatures in 2010 after that year's Census, in order to gerrymander "democracy" within an inch of its life for the entire next decade. And it was before the Republican SCOTUS majority ignored Sensenbrenner's work on the VRA entirely --- and a bipartisan 98-0 vote in the U.S. Senate to extend the Act --- in order to gut it.

The nation has been paying a very steep price ever since. Republicans in gerrymandered districts in Congress and state legislatures no longer worry about working and compromising with Democrats. Their only concern became primary challenges from the Right. So the party moved ever farther in that direction until arriving where we are today, when the idea of fixing the now-gutted VRA has become unthinkable --- just a few short years after it was re-authorized by a Republican House, Senate and President. The scheme also allowed opportunists like Donald Trump to take advantage of the lost protections for voting rights in gerrymandered state after gerrymandered state, which continues to haunt America's hobbled democracy today.

Daley discusses how all of this came about, how --- and if --- it can be corrected, and how he was able to get so many Republicans who now regret building the "Frankenstein monster that has devoured our politics" to speak on the record about those regrets --- as regular Americans pay an unspeakable price for it all.

"This was not caused by Donald Trump. It did not start with him," Daley tells me. "The fight over the vote has been deeply entwined in this nation ever since the founding of this nation. But these battles did not start in 2016. They will not end on Election Day 2020. And there is a real, deeply embedded, [GOP] minority rule that has been built atop a system that already advantaged Republicans geographically in the U.S. Senate and the Electoral College."

"This has been baked in to our politics for a long time. It's going to take a lot of time for us to get it out. This is a Census year. This is a redistricting year. So state legislatures and the next decade of maps are on the line again," he cautions. So, please VOTE and remember to vote ALL THE WAY DOWN THE BALLOT THIS YEAR! "There are more of us than there are of them," Daley notes, "but there are more of them on the Supreme Court than us, and that's a big, big problem."

And if that sounds like a heavy show, don't worry! Mel Brooks is here at the end to help calm your anxiety --- and mine --- just a little bit...

Download MP3 or listen to complete show online below...

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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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(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)




Guest: Will Goodwin of VoteVets.org; Also: Record climate change-fueled heat and fires in CA; The ransomware election specter; Barr's election fraud lie; Progressive champion, Kevin Zeese, passes away...
By Brad Friedman on 9/8/2020 6:51pm PT  

We're back on today's BradCast, after surviving a long hot holiday weekend here in California (with huge thanks to Nicole Sandler for covering for us for a few days!) [Audio link to today's show is posted below summary.]

Amid record heat in Southern California --- with one city in L.A. County city topping out at a record 121 degrees on Sunday! --- fires raged and continue to do so, up and down the state. Nearly 300 people stranded by smoke and fires in various parts of the Golden State needed to be rescued by helicopters over the past four days as climate change-fueled blazes have, so far, chewed through a record 2 million acres in the state, destroying more than 3,300 structures in 900 different fires since mid-August. The scariest part: the worst months for California's ever-lengthening fire season are usually September and October. So, even after the worst fire season now on record, the worst may still be yet to come this year, as our climate crisis continues to intensify and a climate change denier is once again heading up the Republican Party's Presidential ticket.

It would be nice if we weren't one of the few media outlets connecting those particular dots. Absentee ballots have now begun to ship out to voters in states like North Carolina which has, itself, been ravaged in recent years by various climate related crises, from hurricanes to toxic coal ash spills to ever-rising sea levels. As voting for the general election finally begins there and in other battleground states, the corporate media would help us all if they focused (or even mentioned!) so many of the very real issues that are at stake in this year's critical Presidential election, including the devastation of climate change!

Speaking of which, a new story today gives me reason once again to cite one of my worst fears for this November's elections, as the Hartford Public School District in Connecticut was forced to cancel its first day of classes today. The cancellation was not due to the continuing COVID crisis, but caused by a ransomware attack that crippled the District's computer networks. That attack echoes a series of attacks against the Miami-Dade County Public School system in Florida last week, and could foreshadow trouble to come on November 3rd. Because so many voting jurisdictions now foolishly rely on computer networks and the Internet to cast, count and even check people in to vote on electronic pollbooks, a ransomware attack before or on Election Day would be devastating.

But don't worry! Your U.S. Dept. of Justice in on the job! Ya know, the one led by Donald Trump's fixer and Attorney General Bill Barr who lied to CNN's Wolf Blitzer last week about massive absentee ballot fraud, claiming a 2017 "indictment" in Texas for the theft of 1,700 mail-in ballots. After the actual state prosecutors called BS on Barr's claim's, the DoJ was forced to admit it was false. Ironically, Barr also claimed that "people have to have confidence in the results of the election and the legitimacy of the government." That would be more likely, of course, if we didn't have a U.S. Attorney General willing to casually forward two year old false claims about election fraud on major cable news networks.

Then we move to the biggest story over the holiday weekend, the report from The Atlantic's Jeffrey Goldberg that Donald Trump regards members of the military, including those were killed or captured and tortured during their service, as "losers" and "suckers". Goldberg's reporting has now been independently confirmed by multiple other media outlets, including even Fox "News", while Trump and the White House unconvincingly describe the detailed and independently corroborated reporting as "fake news". In his attempt to distract from that story on Monday, Trump attacked his own top military brass, claiming that too much is spent on defense contractors --- even after Trump has spent years citing his own increases to defense spending as one of his Administration's top accomplishments.

We're joined today by WILL GOODWIN, U.S. Army veteran, West Point grad and now Director of Government Relations for VoteVets.org, the nation's largest progressive veterans organization, founded in 2006, and now representing more than 500,000 vets, families and supporters. In the wake of the stunning (if not surprising) reports of Trump's disparagement of military members --- from the captured and tortured Vietnam War prisoner of war John McCain, to the shot down WWII fighter pilot George H.W. Bush, to the 1,800 U.S. Marines who lost their lives at Belleau Wood during WWI --- as "losers" and "suckers" all, VoteVets has now released several different video ads in response.

In one, family members of those who lost loved ones in recent wars respond to the President's remarks and, in another, a 98-year old WWII veteran, captured and forced into slave labor for 42 months, encourages Americans to vote for Joe Biden and against "other politicians if they continue to support Donald Trump."

For his part, Goodwin shares his thoughts in response to the reported insults by the Commander-in-Chief --- who he regards as "a maniac in the Oval Office" --- and how they are likely to affect the votes cast by members of the nation's armed forces this year. Despite popular belief that the military tends to support the Republican candidate, Goodwin cites polling to suggest the opposite --- polling completed before last week's news from The Atlantic. He says that Goldberg's report "is nothing new from Donald Trump when it comes to his hatred toward the military, towards military families, and towards our veterans, but somehow it's a new low." Goodwin goes on to describe Trump's tenure as "four years of failed leadership as Commander-in-Chief," before detailing a seemingly endless list of ways in which Trump has failed our troops, our veterans, our Gold Star Families, as well as the nation's security and standing on the world stage.

"Our allies have turned away from us --- they do not know how to work with a maniac in the Oval Office like Donald Trump --- and our enemies and adversaries are emboldened. They're emboldened to continue attacking the very integrity of our democracy and going after our elections infrastructure. And, frankly, they have taken more direct actions, escalating military tensions. The Russian buzzing US Navy ships, intercepting our aircraft. The continued expansion of the Chinese footprint in various places around the world," Goodwin argues. "We have seen Democrats across the board, including in [Congressional] seats where Donald Trump may be popular, standing up once again and speaking the truth on how disgusting this is. And we're seeing the same failure from Republicans to speak up at all. Republicans who represent massive military and veteran populations...refusing to condemn the President."

Finally today, we close on a very sad note, with the news that Kevin Zeese, longtime progressive activist, attorney, fighter for universal healthcare, fair elections, racial and economic justice and peace, passed away suddenly on Sunday from what appears to have been a heart attack as he slept. Kevin was also a friend of both The BRAD BLOG and The BradCast, having joined on us on air on many occasions while taking on our nation's worst failures and most insidious corporate oligarchs. We share several thoughts on his passing from a number of other progressive activists today. Zeese was 64 and will be dearly missed...as his good fight for a better and more just world will, and must, continue...

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Guest: Col. Moe Davis, former Chief Military Prosecutor at Gitmo, now Dem candidate for NC-11; Also: Hurricane Laura lands hard and Faking America Great Again (again) at RNC Day 3...
By Brad Friedman on 8/27/2020 6:42pm PT  

On Wednesday night at the Republican National Convention, the GOP's candidate for the vacant seat in North Carolina's 11th Congressional District offered some strange remarks. Today, on The BradCast, his Democratic opponent joins us to offer his response. [Audio link to full show follows below.]

Retired U.S. Air Force Colonel MOE DAVIS has a distinguished, 25-year career in the military that includes a boatload of awards and honors. As Chief Military Prosecutor at Guantanamo Bay, he pushed back against the George W. Bush Administration, refusing to use evidence obtained through torture against accused terrorists. When forced to do so anyway, he resigned. Later, while serving as a national security expert for Congress, he penned an op-ed critical of Obama's use of prosecutions at Gitmo. He was fired.

Now he's running for Congress as a Democrat in a NC District where Donald Trump reportedly won by 57 points in 2016, for the vacant seat previously occupied by Trump's latest Chief of Staff, Mark Meadows. But there are new court-ordered Congressional maps this year in North Carolina, after the previous Districts were found to have been unlawfully gerrymandered by state Republicans. The old maps allowed Republicans to hold 10 of 13 U.S. House seats over the past decade in one of the most closely divided states in the nation. Davis (and other experts) contend that while his District may still lean Republican, it is now much less so.

Moreoever, Davis will be running in November against a dashing 25-year old Republican kid --- and apparent Nazi-enthusiast --- by the name of Madison Cawthorn. You may have seen him speak from his wheelchair during Wednesday night's RNC. Col Davis joins us today to respond to some of Cawthorn's somewhat bizarre remarks (in which he incorrectly claimed that James Madison signed the Declaration of Independence when he was 25 --- though Madison did not sign the Declaration at all) and other elements of Cawthorn's apparently made-up resume.

Davis notes that his opponent was recently thanked "for his service to the country" on television by a Fox "News" anchor who apparently associated his wheelchair with military service. In fact, he was paralyzed in a car accident during a Spring Break trip to Florida when he was 18. "He didn't correct her," says Davis. But facts and telling the truth are no longer required in the Republican Party. In fact, both are apparently frowned upon. So Cawthorn could be the party's next superstar! "He plays fast and loose with the truth," charges Davis. "And I guess if you're on the side that 'alternative facts' are acceptable, then he's got a whole bag full." But, Davis concedes, Cawthorn "always gives you a good show. He's a handsome young man, very charismatic and articulate," before adding: "There's a lot of sizzle there but not much beneath the surface."

He says Cawthorn had promised to finally offer proposals for things like climate change and health care during his RNC speech, but instead argued simply that "conservatives" must "win the argument on both health care and the environment." He didn't bother to offer any actual argument, however. That on a night that a monster hurricane was speeding toward the Texas/Louisiana border --- the second one in a week --- while huge wildfires burned out west, after 3 nights of the RNC in which not one speaker seems to have uttered the words "climate change" even once.

"Mr. Cawthorn's plan for addressing health care is that we need more insurance companies," says Davis, who describes that as "laughable...If you're out of work, having more insurance companies isn't going to help you. That's his fresh new plan for the Republican Party.

For his part, Davis explains his own positions on several of these issues and others affecting some of the more rural (Republican-leaning) parts of his District. After the recent court-ordered redistricting in the swingiest of swing-states, the 11th District is now believed to be more Democratic, as it includes much more of Asheville. Davis notes that many describe the progressive city as "the Berkeley of the Blue Ridge....A big blue dot in the middle of a sea of red." He offers confidence that he'll be able to flip this previously "deep red" district to "blue" this year. He also shares his thoughts, as a law enforcement official himself, on calls from the Left for police reform amid continuing protests against systemic racism and a rightwing vigilante who murdered two peaceful protesters in Kenosha, WI on Tuesday night. And we discuss what he thinks about Donald Trump's pretend opposition to the Iraq War and threats to fill up Guantanamo Bay again, after it was nearly emptied during the Obama Administration.

Also on today's show: Desi Doyen joins us for details on the devastating damage wrought overnight by the monster Hurricane Laura in Louisiana and the bizarre, dangerous Night 3 of the RNC where Vice President Mike Pence gave his Presidential-sounding keynote address. He warned that violence in the streets under the Trump Administration is actually what we can expect, ironically enough, from "Joe Biden's America" --- to a maskless crowd filled with vulnerable elderly war veterans. Hopefully the event does not turn out to have been a COVID-19 super-spreader event, or Pence's closing promise to "Make America Great Again...Again" may never come to pass...again.

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Police-instigated violence sweeps nation amid mostly peaceful demonstrations after police killing of George Floyd in Minneapolis...
By Brad Friedman on 6/1/2020 6:23pm PT  

On today's BradCast, we start with comments from the Administration's Defense Secretary on Friday: "While no one condones looting, on the other hand, one can understand the pent-up feelings that may result from decades of repression." Well, that was compassionate. Unfortunately, the Friday in question was on April 11, 2003 and the DefSec at the time was Donald Rumsfeld. He was speaking about the looting that took place in Baghdad after the U.S. invaded Iraq. [Audio link to full show is posted below.]

Back then, apparently, Republicans were able to find common ground with "looters" who, as Rummy lectured the media at the time, were in a transitional phase on their way to freedom. "Stuff happens," in such situations, he said, dismissing the "looting" of priceless artifacts as anything worth being concerned about. Today, the Trump Administration was discussing "dominating" American cities with overwhelming military force to quash largely peaceful demonstrations in support of George Floyd, the 46-year old African-American who was killed by Minneapolis police officers last week after having his neck crushed by an officer for almost nine minutes after allegedly passing a counterfeit $20 bill.

Since last week's horrific video-taped killing of Floyd, police have been attempting to "dominate" demonstrators with tear gas, rubber bullets, arrests and other forms of violence, including against more than 100 journalists attempting to do their First Amendment-protected jobs of reporting to the American people about what is going on. (Are they "enemies of the people" or something?)

Had America not been America, the dystopian police state of armed warriors "dominating" citizens amid ethnic unrest would have been reported very differently by the Western Media outlets, as Karen Attaiah, Global Opinions editor for the Washington Post, brilliantly illustrated in her must-read column on Friday. We cover all of that and just some of the police-instigated violence and death across the country --- in state after state --- as well as the damage instigated by provocateurs (white ones, who were anything but civil rights activists), as looting and some fires were played in endless loops during the cable and local TV news "Protest Porn" all weekend long.

After a fairly righteous rant on all of the above --- and some late-breaking news on new curfews tonight here in Los Angeles, national guard troops in its streets, and citizens being targeted by cops on their own front porches --- we open up the phone lines to hear from listeners about what they saw and how they see it.

As Rumsfeld proved in 2003, people see the same things very differently from each other, depending on how they are invested and how the information is presented to them by media. In other words, tune in. Today's show is not an easy one to summarize as the American Carnage amid the Trump Era continues to worsen, with no end in sight...

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Guest: FairVote's David Daley; Also: Trump pretends to be 'furious' at Twitter. He isn't. But he is hoping to distract you (and the media)...
By Brad Friedman on 5/27/2020 6:27pm PT  

Desi Doyen is on the money at the end of today's BradCast when she cites a Twitter user who recently asserted: "The GOP has become a virus: it now exists solely to replicate itself." If you've yet to notice, the 160 days between now and the critical 2020 Presidential election will be about little more for Republicans than a desperate attempt to suppress certain voters; to game the results of those who do manage to vote; and, of course, to do anything possible to distract from the fact that more than 100,000 Americans have now tragically died on Trump's watch over just the past 3 months, tanking the economy in the bargain, thanks to his disastrously failed response to the coronavirus. We discuss all of those things on today's program. [Audio link to the full show is posted below.]

First, Trump today is pretending to be furious about the fact that Twitter placed a very polite "Get the facts about mail-ballots" link under two of his misleading tweets on Tuesday about absentee voting fraud. He is feigning outrage, claiming the company is biased against Republicans and that he has the power to shut them down. The RNC and Trump's campaign, of course, are all playing along with the phony fury, because they love playing both victim and strongman at the same time, and because it all helps distract the media from his ongoing unspeakable failures as President.

In fact, not only did Twitter do him a favor by placing those links on his tweets, helping to bring attention to his disinformation (which can also been seen as instructions for his followers on how to defraud the November election), but the company didn't even bother to label his most offensive recent tweets, such as the ones in which he accused MSNBC's Joe Scarborough of murdering a staffer who tragically died in the then-Florida Republican Congressman's office in 2001.

At the same time, Facebook is allowing the Trump Campaign to run hundreds of paid, false political ads making the same misleading claims, as that social media company simply allows false paid-for propaganda ads from politicians, even if they are meant only to disinform, distract and undermine the 2020 election itself.

It should also be noted anytime any media outlet reports on Trump's false claims about absentee voter fraud, that he is a voter fraud criminal himself, after voting by absentee in Florida where he has no legal permanent residence, in violation of state law.

As to voter suppression and Florida, we reported yesterday on the excellent ruling by a federal judge who gutted the GOP state legislature's new poll tax law over the weekend. The measure was enacted to undermine a Constitutional Amendment adopted by state voters in a 2018 mid-term landslide. Despite the enormous bipartisan voter support for Amendment 4, which could allow some 1.5 million former felons to vote in the Sunshine State for the first time, Gov. Ron DeSantis (who barely won his election that same year) has now announced plans to appeal the court's ruling that gutted the poll tax passed by Republicans in hopes of countering Amendment 4.

Florida, however, is hardly the only state in the union with GOP-controlled legislatures attempting to undermine recent bipartisan ballot box landslides. In Missouri, on the heels of the adoption of a landmark state Constitutional Amendment in 2018 meant to end extreme partisan gerrymandering in the Show-Me State, the gerrymandered GOP state legislature is rolling out what our guest today describes as REDMAP 2.0.

We're joined by FairVote senior fellow DAVID DALEY who, literally, wrote the book on the GOP's successful plan to take control of state legislatures in 2010 to implement crippling partisan gerrymanders during redistricting after that year's decennial Census. Now, as Daley detailed in a recent New York Times op-ed, MO Republicans are rolling out an even more invidious scheme to undermine the voters' intent with another Constitutional amendment on this November's ballot.

He describes the plot --- which includes an unprecedented plan to count only voting age citizens during redistricting --- as a "dress rehearsal" for GOP-controlled states in the rest of the country. The plan, which would "dramatically" shift voting power from Democratic-leaning urban areas to white, Republican-leaning rural areas, is being adopted for nationwide roll-out by the rightwing American Legislative Exchange Council (ALEC), he reports.

"It changes the definition of representation and it overwhelmingly tilts this in the direction of conservatives and Republicans," he tells me. "Total population has been the guiding standard that everybody has used for a long time. If you were to change this to say that the baseline that we're going to count is not everybody, but only citizens who are over the age of 18, then what you are doing is eliminating huge numbers of people. You are curating and manicuring an electorate that is older, more rural, more conservative, and of course, whiter."

As Dems are finally trying to win the last battle by rolling back what happened in 2010 a decade later, Daley argues they need to get ready --- immediately --- to figure out how to counter the GOP's newest ugly war on this front.

"I don't think Democrats are paying enough attention to this," he says. "This is a Presidential election year. Democrats are thinking about the White House, about the Senate, about holding on to the House. But there's so much more at risk in this election. This is the last election before these maps are going to be drawn for another decade. ... The Republicans are going to have a 2020 'REDMAP 2.0' plan, and if Democrats are not equally focused on playing offense and defense, they are going to get check-mated."

We also discuss Daley's newly published book, UNRIGGED: How Americans Are Battling Back to Save Democracy', documenting recent, critical (and successful!) citizen-led efforts to restore democracy across the nation...

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An exclusive conversation with AL's former Dem Governor and former federal (political) prisoner; Also: Sanders suspends Presidential run...
By Brad Friedman on 4/8/2020 6:54pm PT  

On today's BradCast: Sanders is out, and a former federal prisoner tries to sound the alarm about deplorable and deadly conditions in our nation's prison system as coronavirus turns jail sentences, even for non-violent offenders, into death sentences --- not to mention the dangers posed to prison workers and their families in the bargain. [Audio link to show is posted below.]

First up: And then there was one. Vermont Senator Bernie Sanders announced the suspension of his Presidential campaign on Wednesday, leaving Joe Biden the last man standing from about 25 or so Democratic men and women vying for the 2020 Democratic Presidential nomination. In a live-streamed announcement, Sanders said he was leaving the race, though staying on the ballot in the remaining primary states (if they are ever able to vote amid the coronavirus pandemic) in hopes of leveraging as many delegates as possible at the Democratic National Convention (if it is ever able to happen) to continuing moving his progressive agenda forward. We share an extended portion of Sanders statement today, in which he announces his support for Biden, if not yet an explicit endorsement.

Next: While most Americans continue to hunker down in their homes and maintain physical distancing while outside of the home as COVID-19 cases and deaths continue to rise, there are millions held in state and federal prisons (as well as immigration detention centers) who are unable to physically distance themselves from others. The result, not unexpectedly, is an explosion of infections and deaths for both prisoners and prison staff around the country, even as some states have released thousands of non-violent offenders to try and ease over-crowding that is exacerbating the problem and turning incarceration into a potential death sentence for many.

Former Alabama Governor DON SIEGELMAN contacted us last week in hopes of trying to get the word out about the problem, including at the Federal Correctional Institution in Oakdale, Louisiana, where the former Democratic Governor (and "political prisoner") served five years of time before his long-overdue release in 2017.

The minimum security facility at Oakdale has seen an explosion of COVID-19 cases and, according to suspiciously low numbers being reported by the U.S. Bureau of Prisons (BOP), currently has more reported cases (35) and deaths (5) than any other federal facility. (Curiously, on its website, the BOP is reporting just 253 federal inmates and 85 BOP staffers infected as of today at more than 40 federal facilities across the country. At the same time, as the NYTimes reported this afternoon, the Cook County jail in Chicago alone has at least 387 cases linked to that one county facility.)

Siegelman, who has been in touch with some of his former cellmates who are now pleading for help, details the conditions that prisoners at the Oakdale facility are forced to live under. "The conditions at Oakdale were bad before the virus started," he tells me. "If people can imagine living stacked, one on top of the other, basically a warehouse."

He details one of the areas he was housed in that inmates call "the submarine room" because bunks are stacked three high and it is like living in a submarine. The bunks, he says, are "so close together you can actually reach out and touch the other inmates if you wanted to. It was so crowded. There's no ventilation. The doors are shut, the windows are locked. There's nothing to protect an inmate from breathing what other inmates exhale." With inmates "in such close proximity, there is no way to protect themselves from someone who has the virus, who is a carrier. For the virus, it's going to be like shooting fish in a barrel."

Siegelman explains that he has been told the facility has not made adequate changes to deal with the outbreak, which is why the ACLU has filed a lawsuit in hopes of allowing many of the non-violent offenders to be released from the facility. While that has happened in a number of state prisons, the federal system is moving intolerably slowly in taking any action at all. In many cases, Siegelman says, prisoners are locked up during pre-trial, before they've been found guilty of anything. In others, they are forced to stay in these dangerous conditions longer than they might otherwise, since many probation and parole boards have been unable to meet due to the pandemic.

He is calling for non-violent offenders, particularly those late in their sentences, to be released immediately. "My question is, why are they there in the first place? If they pose no threat to public safety, if they're non-violent offenders, if they have only a few months remaining on their sentence, if they are at risk because of health reasons, why not let them out? They should have been out already."

The once very popular southern state Governor served from 1999 to 2003, after serving as Alabama's Sec. of State, Attorney General and Lt. Governor. He was charged with bribery-related offenses in which he never received a dime on charges that more than 100 former Democratic and Republican state Attorneys General described as something that was never considered to be a crime until Siegelman was charged with it. He was sentenced by a federal judge who was later arrested and removed from the bench after being found to have beaten his wife.

The evidence suggests, as we've covered his story over the years on air at The BRAD BLOG, that it was a political prosecution which included major prosecutorial misconduct during the George W. Bush era, when Siegelman's Republican rival, Gov. Bob Riley, worked closely with longtime Alabama GOP operative Karl Rove to take him down by any means necessary. That included an almost-certainly stolen election on a Diebold optical-scan tabulator on which results were flipped against him in the middle of the night. All of which Siegelman details in his upcoming book, Stealing Our Democracy: How the Political Assassination of a Governor Threatens Our Nation.

For now, however, Siegelman is fighting for criminal justice reform and imploring listeners to "call your mayors, your governor, and Members of Congress to keep the pressure on to get these people out of jail and out of prisons that pose no public safety risk. They need to say that inmates that are non-violent, that pose no public safety risk, need to be released --- or at least placed in another facility where they are separate from other inmates. .... We would hope that the President of the United States would get on board and take this a little more seriously. But don't hold your breath."

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And how the War Powers Act was created and then ignored...
By Richard Hayes Phillips, Ph.D. on 2/24/2020 10:35am PT  

In response to President Donald Trump having ordered a drone strike that killed a top Iranian general, the United States Senate on February 13 passed a resolution that would prevent him from engaging in further hostilities against Iran without first getting approval from Congress. The resolution had already passed the House by a vote of 224-194. It passed in the Senate by a vote of 55-45, with eight Republicans voting in favor.

Those Republicans include Mike Lee of Utah, Rand Paul of Kentucky, Susan Collins of Maine, Todd Young of Indiana, Jerry Moran of Kansas, Lamar Alexander of Tennessee, Bill Cassidy of Louisiana and Lisa Murkowski of Alaska.

President Trump is almost certain to veto the resolution. Both chambers lack the two-thirds majority necessary to override a Presidential veto. But the War Powers Act was written to be exempt from the possibility of a Presidential veto.

So, what's going on here? One of the most contentious fronts in the current power struggle between the Congress and the President involves the power to declare war. The Constitution makes clear that this power resides in Congress. Over time, this power has effectively shifted from the Congress to the President. Here's how that happened...

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




Guests: Heather Digby Parton of Salon; 'Driftglass' of 'Pro Left Podcast'...
By Brad Friedman on 1/15/2020 5:27pm PT  

On today's BradCast: Once again, our plans for Special Coverage of the latest Democratic Presidential Debate is somewhat truncated today to make room for our Special Coverage of impeachment and the new, wildly disturbing evidence released on Tuesday night to go with it. [Audio link to show follows summary below.]

We're joined today by guests HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo and fellow longtime progressive blogger "DRIFTGLASS" (otherwise known as @Mr_Electrico on Twitter, or "Bill" to a few friends), co-host of the Professional Left Podcast, which celebrates its 10th anniversary this week.

We start with coverage of House Speaker Nancy Pelosi's decision to finally transmit the two Articles of Impeachment against Donald John Trump, as approved by the House last year, over to the Senate for just the third Presidential impeachment trial in U.S. history. With the articles, on Wednesday, she also announced the selection of seven House members who will serve as prosecutors (known as House Managers) for the trial. They include House Intelligence Committee Chair Adam Schiff, House Judiciary Committee Chair Jerrold Nadler, and Reps. Hakeem Jeffries of NY, Sylvia Garcia of TX, Val Demings of FL, Jason Crow of CO and Zoe Lofgren of CA.

Moreover, we discuss the troubling new documentary evidence released late on Tuesday by the House Judiciary Committee from the phone of Lev Parnas, an associate of Trump's personal lawyer Rudy Giuliani. That material, among other things, reveals a bizarre and creepy 2019 text message thread between Parnas and Republican Connecticut Congressional candidate and Trump superfan, Robert H. Hyde, detailing what appears to be Hyde's surveillance of movements of then U.S. Ambassador to Ukraine Marie Yovanovitch.

The texts suggest the now-ousted Yovanovitch, who was eventually recalled for her own safety on the next available flight out of the country, may have been targeted, given the content of the conversation, including remarks such as "They are willing to help if we/you would like a price." Ambassador Yovanovitch, an anti-corruption warrior, was described by Trump in his phone conversation with Ukraine's President as "bad news", claiming "she's going to go through some things."

As if all of that is not enough for one show, we then move on to coverage and analysis of Tuesday night's debate in Des Moines, Iowa, the final Democratic Presidential debate before voting begins in earnest for the 2020 nominating cycle with the Iowa Caucuses on February 3rd. Digby and Driftglass offer insight on all of the candidates who qualified for the debate --- Joe Biden, Bernie Sanders, Elizabeth Warren, Pete Buttigieg, Amy Klobuchar and Tom Steyer --- and a number of topics discussed on Tuesday night, including the bubbling feud between Sanders and Warren, the many and shifting Democratic positions on the Military/Industrial Complex and our forever wars in the Middle East.

We also discuss the failures of the debate moderators from CNN and the Des Moines Register, the problem with culling down the field to just 6 candidates before a single vote has even been cast, and whether Tuesday's debate has shifted the fortunes of any of the front-runners before voting finally gets under way next month....

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Dems and Reps charge Admin has no evidence of 'imminent threat' before Soleimani assassination; Ukrainian passenger plane believe downed by Iranian missile; New study confirms new computer BMD voting systems should not be used in 2020; Trump guts landmark environmental rule...
By Brad Friedman on 1/9/2020 4:53pm PT  

On today's BradCast, a whole lot of evidence as to why Desi Doyen calls us "your early warning system". [Audio link to show posted beneath summary below.]

Among the stories covered today...

  • The deadly and dangerous fallout continues from Donald Trump's assassination of Iranian General Qassem Soleimani, with Democratic and Republican members of Congress from both the House and Senate, blasting the Administration for failing to provide evidence of an "imminent attack" which might have legally justified Trump's targeted killing of the second most powerful public official in Iran. Members who attended classified briefings by top Administration officials on Wednesday were outraged by the failure of those officials to provide the information they claimed they had regarding the killing. Without that information, Trump's targeted assassination of Iran's top military general was very possibly in violation of both domestic and international law. But are Democrats enraged enough to bring another article of impeachment over it?;
  • Not all Congressional members were upset by the classified briefing. Some, like Rep. John Rutherford (R-FL), charged that members such as Rep. Pramila Jayapal (D-WA), who claimed after the briefing that Trump "recklessly assassinated" Soleimani with "no evidence of an imminent threat or attack", was actually an "Ayatollah sympathizer" who was "divid[ing] our country" (Seriously. That's what he said. Rutherford's challengers this year are Donna Deegan and Christopher Eagle on the Democratic side, and 20-year Navy vet Dr. Erick Aguilar in the August Republican primary in the state.);
  • In related matters, as we surmised based on available evidence during yesterday's BradCast, U.S. officials today are now confirming their belief that the Ukrainian Airlines passenger jet that crashed minutes after takeoff from the airport in Tehran on Wednesday was, in fact, shot down by an Iranian missile. The crash killed all 176 on board just hours after Iran's non-lethal ballistic missile revenge attack on Wednesday in response to Trump's killing of Soleimani last week. Officials in the U.S., Ukraine and Canada (which lost 63 residents in the tragic disaster) believe Iran might have mistaken the passenger flight for a military response from the U.S. that night. Along with the 56 killed during a stampede amidst the massive funeral processions for Soleimani, the death toll of Trump's action has been extraordinary. How any of this has made Americans safer is anybody's guess;
  • In election news, a new, landmark study [PDF] was released this week by computer scientists, cybersecurity and voting systems experts at the University of Michigan. It finds that new, touchscreen computer Ballot Marking Devices (BMDs) --- which we have long been warning about, and which are now proliferating the country in advance of the critical 2020 Presidential election --- are "extremely unsafe" and vulnerable to undetectable hacking.

    Most alarming (at least to those who haven't heard the same loud warnings from BradBlog.com and The BradCast for many years now) is that the researchers found that in a mock election, where they had rigged the new voting systems to misprint a voter selection on the computer-marked paper ballot printouts, more than 93% of voters failed to notice that their vote had been changed by the computer! 93%!

    And yet, these all-new, vulnerable, 100% unverifiable touchscreen voting systems are now being deployed to battleground states like Pennsylvania and Georgia and North Carolina, and even to the nation's most populous voting jurisdiction, Los Angeles County, in advance of this year's elections! We explain the study's disturbing findings and what you can do to try and avoid having your vote lost to a touchscreen Ballot Marking Device in your home jurisdiction;

  • Finally, Desi Doyen joins us for our latest Green News Report, with some good news (coal plant shutdowns have save some 26,000 American lives!), scary news (new findings that Trump's EPA and FEMA are not prepared for disasters) and terrible news (the Trump Administration is announcing a new rule that would do away with most environmental impact studies before construction of major federal projects, such as roads, bridges and even oil pipelines!)...

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Guest: Former Deputy Asst. Sec. of State Michael Fuchs on the path toward de-escalation with Iran; Also: Lights out (again) for Puerto Rico...
By Brad Friedman on 1/8/2020 5:38pm PT  

On today's BradCast, while "all" is anything but "well", it may at least be a bit better than it was 24 hours ago at this time --- at least if the backing away from the likelihood of an apocalyptic military confrontation in the Middle East serves as any gauge. [Audio link to today's program is posted at end of summary.]

Shortly after air time on Tuesday, Iran launched a 22 ballistic missile fusillade at two Iraqi military bases housing thousands of U.S. troops in response to Donald Trump's assassination late last week of revered Iranian General Qassem Soleimani. And shortly after that, a Ukrainian Airliner made by Boeing fell from the sky and crashed after take off from Tehran's airport, killing everyone on board. While it's still early and unclear what exactly caused the disaster, some experts believe the plane could have been attacked either accidentally or on purpose. We discuss.

As to the Iranian attack on U.S. troops, thankfully there were no casualties, either American or Iraqi, as Iran announced there would be no more military reappraisals for Soleimani's killing, so long as America does not attack the nation again. What turned out to be a largely symbolic revenge attack for domestic consumption by Iran appears to have been an act of mercy to help deescalate a military confrontation touched off late last week by Trump that many feared had been spiraling out of control since the targeted drone strike against Soleimani.

After declaring "All is well!" on Twitter Tuesday evening, amidst the missile assault and deadly airliner crash, Trump offered mercifully brief remarks at the White House on Wednesday morning, flanked by the Vice President and top cabinet members and military officials, to suggest he was taking the off-ramp offered him by the grown-ups in Iran. In between several blatant lies told about the anti-nuclear pact struck with Iran and other leading nations during the Obama Administration and on other related matters, Trump promised new economic sanctions against Iran, but said the nation "appears to be standing down", that Iran and the US should "work together" against their mutual enemy of ISIS, and that the United States is ready to embrace peace."

Whether any of that turns out to be true, given a President of the United States who lies as easily as he breathes, is anyone's guess. But it may allow many of us to breathe a bit easier for the moment, at least until Trump's next unnecessary self-inflicted crisis.

We're joined today by former Deputy Asst. Secretary of State MICHAEL FUCHS, to try and help clear up much of the confusion and anxiety of the last 12 hours since Iran's attack and the six days since Trump's assassination of Soleimani. Among the questions discussed with Fuchs...

  • Was Iran's missile attack, in fact, an "act of mercy"?;
  • Should we take any comfort from Trump's response today?;
  • Will there be additional responses from Iran (including cyberattacks) against the U.S.?;
  • Why were there no grown-ups in either the State or Defense Departments to warn Trump off of his wildly ill-considered murder of Iran's second most powerful official?;
  • What can and should be done to keep a President from being able to do something as irresponsible and dangerous like this in the future?;
  • Haven't both Republicans and Democrats in Congress ceded far too much of their Constitutional war-making authority to Presidents of both parties in recent years?;
  • What can Congress do to prevent this President and future ones from acting so dangerously?;
  • While the deal with Iran to block their path to a nuclear weapon had been a success (Trump's demonstrable lies about it not withstanding), until he unilaterally pulled the U.S. from the deal, wouldn't Iran be within their rights, and indeed wise, to now pursue a nuclear weapon, given the behavior of the U.S.?;
  • With Iranian and Iraqi leaders both demanding that U.S. troops leave the region, and Trump pretending for years that he wants the same, wouldn't this be a great time to find common ground and finally pull out of our many decades-long disastrous adventures in the Middle East once and for all?;
  • Can U.S. diplomacy actually rise in the Trump Administration with his widly hawkish Sec. of State Mike Pompeo?;

Fuchs, a former senior State Department official turned Senior Fellow at the Center for American Progress and Guardian columnist, gamely offers insightful answers to all of those questions and many others at the (hopeful) end of another series of exhausting, unnerving and confusing days during the horrific Trump Presidency.

"It is entirely possible that Iran might respond more to this most recent series of events. They might use cyberattacks, they might use their proxies throughout the region, which is a little bit hands-off, allows them a little bit of plausible deniability in their mind to attack US interests," Fuchs tells me. "But even if there is no immediate other response from Iran, we are still in this very dangerous and precarious moment where tensions between the two countries are incredibly high. And neither side seems, frankly, to have the ability nor the interest, at the moment at least, to finding a sustainable solution to these tensions. So for the moment, we want to hope for a very quick de-escalation, but the bigger problem is still very much there."

Finally, with the ability to breathe just a bit easier (at least for now) for the first time since the turn of the New Year, we turn to some quick coverage of some stories we've had to put off during Trump's latest world-threatening tantrum, beginning with the fact that two-thirds of Puerto Rico has been without power, and hundreds of thousands without clean water, since a major (and unusual) earthquake on Tuesday took out the U.S. island's largest power plant...

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Guest: National security law expert Karen J. Greenberg; Also: McConnell says has votes to begin fixed impeachment trial; 'GNR' returns for 2020!...
By Brad Friedman on 1/7/2020 5:50pm PT  

On today's BradCast, the world remains on edge in the wake of Donald Trump's targeted assassination of Iran's top military general Qassem Soleimani. [Audio link to show is posted at bottom of summary.]

At least 56 mourners reportedly died during a stampede at funeral processions for the revered figured in Iran, were millions turned out to show their respects and to vow revenge against the U.S. Meanwhile, U.S. customs and border officials were reportedly detaining Iranian-American citizens for extended questioning as they re-entered the country; Trump's Secretaries of Defense and State each tried to walk back Trump's twice-threatened war crimes against Iran, should they dare to retaliate; And both Secretaries along with the White House continued to claim, without evidence, that an "imminent attack" that would have killed "hundreds" of Americans was prevented by the killing and served to justify the targeted drone strike against Soleimani and several Iraqi officials; Republican Senate Leader Mitch McConnell claimed to have the votes necessary to move Donald Trump's impeachment trial forward in the U.S. Senate (which Trump had clearly hoped to distract from with his attack on Iran) without allowing for either first-hand witnesses or subpoenaed White House documents to be presented as evidence; and the Foreign Minister of Iran described the assassination of Soleimani as "state terrorism" and President Trump as "lawless".

On that last point, and many related, we are joined today by KAREN J. GREENBERG, Director of the Center on National Security at Fordham University School of Law and the author of Rogue Justice: The Making of the Security State. Professor Greenberg, an expert on national security, terrorism, and civil liberties, detailed in a New York Times op-ed today headlined "Killing Qassim Suleimani Was Illegal. And Predictable.," how American Presidents have been expanding their own executive authority for "targeted killings" and assassination since the post-Watergate Church Committee in the Senate called for reforms to ban such activity by the Executive Branch in 1975. President Gerald Ford, in 1976, issued an Executive Order to ban all political assassinations by the U.S.

Over the years since, however, as Greenberg documents, Presidents from Ronald Reagan to Bill Clinton to George W. Bush to Barack Obama have each stretched the definitions of what amounts to an allowable "targeted killing" under certain restricted circumstances in order to prevent an "imminent attack". And while such killings eventually numbered in the hundreds under Obama (and included at least one U.S. citizen, albeit in a different country), Greenberg explains that no President, until Donald Trump, has broadened the definitions to include an out-and-out assassination of a state official, much less one as highly revered as Soleimani in Iran.

"President Obama attempted to expand the authority for targeted killing, excepting it from the category 'assassination', and giving many reasons --- including international law reasons --- for why this would be lawful. And tying it, however, to the War on Terror, which in a way, puts it in a different scenario than what we're now seeing. Because what we've seen this week is a successful attempt to attack a leading member of a sovereign state," Greenberg tells me. "It distinguishes in many ways from what the Obama Administration had done. But what the Obama Administration did was to open the window for that. They did it because they wanted to expand the targeted killing program of George [W.] Bush. Obama said it would cause less trouble, less reprisal on the ground, and therefore less violence against American troops. And they thought it would work in cases where they couldn't capture somebody who they thought was being tremendously detrimental to the United States."

The authority he and other Presidents granted to themselves, however, "essentially bypasses the idea of laws that restrain" and "comes down to 'trust me' government", in that the public must rely on classified evidence by the Intelligence Community --- and, hopefully, its review by members of Congress --- as legal justification for the actions. But Trump, she explains, while previously dismissing the assessments of the intelligence community as dishonest "Deep State" actors, is now citing what he claims to be their evidence and asking us to trust it.

The result of all of this is what Greenberg describes as "a lack of foresight to put in place policies, by any President or any administration that, should it get into the wrong hands, can prove truly dangerous. We've now crossed that threshold." She goes on to note that "The basic bottom line is this is not something that the United States has supported or allowed since the Church Committee" in 1975.

We discuss how Ford's Executive Order, the War Powers Act of 1973 (meant to constrain Presidents from acts of war without approval by Congress), and the Authorizations for Use of Military Force adopted by Congress after 9/11 and again before our invasion of Iraq, have all now been stretched to the point of near meaningless. At the same time, the U.S. has also pushed the boundaries of Geneva Convention restrictions against war crimes to fit its defensive/aggressive needs of the moment, with as little enforcement by international agencies as Congress has brought against U.S. Presidents from both major parties at home for violations of domestic laws and Constitutional mandates.

There is quite a bit in this conversation that can't adequately be summarized here, so I hope you'll tune in for much more.

Finally, Desi Doyen joins us for our first Green News Report of the new year, which, sadly, picks up with the continuing, record, devastating Australian wildfires which also led our last GNR of the year in 2019, some two and a half weeks ago...

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Trump chooses deadly confrontation with Iran to distract from his impeachment, callers ring in on it; Also: Bolton willing to testify in Senate 'if subpoenaed'; A voter registration heads-up for California!...
By Brad Friedman on 1/6/2020 5:56pm PT  

We're back on today's BradCast after a much needed holiday break! (Thanks to the great Nicole Sandler for helping us to sneak in some down time!) Sadly, things are much worse --- and more dangerous --- now than they were before the end of the new year, thanks to Donald Trump's targeted assassination of Iran's Major General Qassem Soleimani, placing the U.S. --- and the world --- on the brink of yet another potential war. [Audio link to complete show is posted below.]

The Germans were right last year. Donald Trump is the greatest threat to world peace. Far greater than Kim Jong Un, Vladimir Putin, or Iran's Ayatollah. By far.

The bulk of today's program is devoted to developments and fall-out since Trump's ill-considered attack on Soleimani late last week --- including the tens of millions of Iranians who Trump helped unify to turn out for Soleimani's funeral processions; Trump's threat of war crimes against Iran should they dare to retaliate against what is likely already a war crime; Iran's declaration that the 2015 anti-nuclear agreement which Trump pulled the U.S. out of is now all but dead; Iraq's Parliamentary resolution to throw all U.S. forces out of the country, and Trump threat of sanctions against them if they do; Trump's 2011 (and 2012 and 2013) false predictions that Obama would start a war on Iran to win reelection "because of his inability to negotiate properly"; and calls from listeners on all of the above.

Of course, the real reason Trump decided to kill Soleimani is almost certainly to distract from his end of year impeachment and upcoming trial in the U.S. Senate. On that front, we covered former National Security Advisor John Bolton's announcement today that he would testify as a witness in the trial, if subpoenaed by the Senate (which Mitch McConnell and Senate Republicans are still blocking, along with all first-hand eye witnesses requested by Democrats).

And also, a few heads-ups regarding voter registration in California (and elsewhere) in advance of March 3rd's Super Tuesday Presidential primaries. If you live in California, and are registered as a "No Party Preference" voter, you will either have to request a Democratic, Libertarian or American Independent Presidential ballot, or register yourself as a Republican, Green Party or Peace and Freedom Party member if you wish to vote in one of their primaries. Otherwise, in California, if you are a permanent Vote-by-Mail voter, you will receive a ballot in the mail without any Presidential options. Tune in to today's show for more details on that and what you need to do about it....very soon! (At least if you wish to avoid voting on 100% unverifiable touchscreens here in Los Angeles County and elsewhere on Primary Election Day!)

Download MP3 or listen to complete show online below...

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