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Latest Featured Reports | Thursday, September 29, 2022
KS Abortion Referendum Data Suggest Women Being Under-Counted in Midterm Polling: 'BradCast' 9/28/22
Guest: Tom Bonier of TargetSmart; Also: Hurricane Ian storms ashore in FL...
Critical Elections, Catastrophic Storm Bear Down: 'BradCast' 9/27/22
Poll workers needed!; Ian closing in on FL; Scofflaw TX A.G. flees process server; Congress nears Electoral Count Act update; Listener mail...
'Green News Report' 9/27/22
  w/ Brad & Desi
Ian takes aim at Florida; Fiona broke records in Canada; Noru pummels Philippines; Winter fuel prices soar; PLUS: Pacific Island nations call for fossil fuel non-proliferation treaty at U.N.
Recent GNRs: 9/22/22 - 9/20/22 - Archives...
'Gold Standard' SCOTUS Poll Finds Majority of Americans Support Expansion of High Court: 'BradCast' 9/26/22
Also: Disinformationists; Fascism rising; Hurricane Ian threatens FL; Callers ring in...
Sunday 'Heavy Traffic' Toons
Be sure to check PDiddie's latest collection of the week's best toons before crossing state borders. You're welcome!...
Trump, Lindell, Ginni Thomas --- Geniuses All!:
'BradCast' 9/22/22
GOP election conspiracists have bad lawyers; Also: Garland's moving (and telling) remarks at swearing-in of new American citizens...
'Green News Report' 9/22/22
  w/ Brad & Desi
U.N. Sec-Gen wants fossil fuel industry to pay up; New plastics initiative; Puerto Rico still lacking power and clean water; PLUS: Senate approves first climate treaty in decades...
Recent GNRs: 9/20/22 - 9/15/22 - Archives...
It's National Voter Registration Day!
(Who Knew?): 'BradCast' 9/20/22
Also: Beer shortage?!; More on DeSantis' migrant scam; Electoral Count Act reform news; Good (and bad) news for disabled voters; Much more...
'Green News Report' 9/20/22
Simultaneous storms, in Puerto Rico, Alaska, Japan; Climate change juiced Pakistan floods; Aussie energy turnabout; PLUS: Plastics plant blocked in LA...
Kidnapping is a Crime. Will DeSantis Be Held Accountable for It?: 'BradCast' 9/19/22
Also: Media still pulling punches on GOP; Elizabeth finally buried, so will CNN finally cover weekend's THREE hurricane landfalls?!; Plus, callers!...
Sunday 'Pawn' Toons
Make your move to PDiddie's latest collection of the week's best political toons...
Reagan's Big Government Gift to Big Pharma is Still Giving, Killing: 'BradCast' 9/16/22
Guest: Ernest A. Canning; Also: Trump's failed GA election theft; NH GOP Sen. nom flip-flops on 2020 denial; Patagonia gives away company to save planet...
More Good News for Ds; More Fraud Accountability for Rs: 'BradCast' 9/15/22
Biden approval up, strike averted; Trump NY fraud; Feds probe Lindell CO fraud; Fraud probe of MI GOP A.G. nom; NY Election Commish charged w/ absentee vote fraud...
'Green News Report' 9/15/22
U.N. says world in 'uncharted climate territory'; Summer 2022 hottest ever; Clean energy will save world $12 trillion; PLUS: Biden touts IRA, national EV charging network...
'Groundbreaking' Victory for CA's Half-Million Fast-Food Workers: 'BradCast' 9/14/22
Guest: TAP's Harold Meyerson; Also: Rail worker strike looms; Noteworthy primary results from DE, RI, NH...
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: The corruption of Zinke in MT; The ridiculousness of Walker in GA; Much more...
By Brad Friedman on 8/25/2022 6:44pm PT  

Until (and unless) Democrats can pick up at least two seats in the U.S. Senate this November in order to reform the filibuster --- while retaining their majority in the U.S. House and control of the White House --- the fight for personal freedoms, such as reproductive rights and voting rights, is going to remain a grueling, state-by-state slog. That's where we are right now. But we can change that this November if we ALL turn out and fight like hell to cast our vote. In the meantime, on today's BradCast, we've got some good news in at least some of those state-by-state battles.

Among the many stories covered today...

  • New evidence of the unapologetic corruption of Donald Trump's disgraced former Interior Dept. Secretary Ryan Zinke, who, incredibly enough, is currently the front-runner to win a new U.S. House seat in Montana. Voters in Montana would be wise to reconsider that idea.
  • New evidence of the unspeakable ignorance of former NFL great Herschel Walker, who is now the embarrassing Trump-backed nominee for the U.S. Senate in Georgia, where he is running against Democratic Sen. Raphael Warnock. Despite lying about his past, and offering inane, barely comprehensible comments on the campaign trail, not to mention his latest ridiculous response to the Democrats' landmark new climate bill, investing $370 billion to take on our climate crisis, Walker remains very much in the running to unseat Warnock. Voters in Georgia would be wise to reconsider that idea.
  • Newly triggered abortion bans went into effect in three more states on Thursday, in Idaho, Tennessee and Texas. That brings the number of states where reproductive rights and personal freedoms are now completely banned or severely restricted to 14. Many of those states do not allow exceptions for rape, incest or even the life or health of the mother. As the President of the Center for Reproductive Rights told HuffPost, "Vast swaths of the nation, especially in the South and Midwest, are now abortion deserts that, for many, will be impossible to escape." There was a small bit of good news on this front on Wednesday in federal court, however, regarding Idaho's draconian restrictions, as challenged by the Biden Administration's Dept. of Justice. Voters in all of these states are going to need to show up in unprecedented numbers to make their voices heard in November.
  • There was also some good news on this front following this week's elections in New York and Florida, even beyond the political earthquake of Democratic candidate Pat Ryan's win in a special election for the U.S. House in a NY swing-district that would almost certainly have been won by the Republican candidate prior to the U.S. Supreme Court's corrupt GOP majority overturning Roe v. Wade earlier this summer. In FL, the sole Democrat in the state House to vote in favor of new restrictions on abortion and in favor of the Republicans' "Don't Say Gay" law was booted from his job on Tuesday. Also, a judge in FL's Hillsborough County, who made himself infamous earlier this year by denying an abortion to a 17-year old girl because he didn't think her grades were high enough, was also tossed out of his job. Good work, Florida voters! More like that on November 8, please!
  • And then there's the state-by-state fight for voting rights. Here, we've got several encouraging pieces of news from the court in recent days. Earlier this month, a federal court in Texas rejected a state voter suppression law that would leave those who do not live permanently in the state (for example, those who may attend school there) from being able to register to vote in either that state or their own home state! "The part-time and off-campus college students are undeniably disenfranchised because they are unable to register to vote both where they have moved and where they have moved from," the U.S. District Court Judge wrote when issuing his summary judgment [PDF] in favor of plaintiffs. "The court is likewise unable to discern where college students should register as the Temporary-Relocation Provision [of Senate Bill 1111] is written. And the possible repercussions are not just complete disenfranchisement, but also criminal liability. The Temporary-Relocation Provision does not overcome any degree of constitutional scrutiny," he found in tossing out the provision. Naturally, the state's criminally-indicted Attorney General Ken Paxton is appealing the matter to the rightwing 5th U.S. Circuit Court of Appeals.
  • Late last week, there was good news for voters in North Carolina, as the state's Supreme Court determined that two state Constitutional Amendments --- one to impose Photo ID restrictions on voters, the other to lower taxes --- were unlawfully adopted by a racially gerrymandered state legislature. Some 28 seats in the GOP-majority General Assembly were found by a federal court to have been unlawful racial gerrymanders. But, after that finding and before a new election to correct the gerrymanders, the state Assembly rushed a vote to put the Amendments onto the state ballot. Without the illegal gerrymanders, they likely wouldn't have had enough votes to do so. NC's high court last week ruled, as WRAL summarized, "lawmakers who won their seats through unconstitutional racial gerrymandering cannot then submit constitutional amendments that would permanently disadvantage the same groups discriminated against in the racial gerrymandering process." The state's Republican House Speaker vows to appeal to SCOTUS.
  • And, also late last week, a federal judge determined that Arkansas violated the Voting Rights Act by restricting the number of people who could receive assistance in voting --- such as help in translating an English language ballot --- by any one person. The state law said no single person could help more than six voters. The court found that to be arbitrary and in violation of federal law. "Arkansas has determined that voters should only get the assistor of their choice up to a point," the Judge wrote in his ruling, "but there is no evidence Congress contemplated this numerical restriction on the right.” A similar suit has been filed in Missouri, where state Republicans have limited the number of voters who may be helped by any one person to...one!
  • Finally, before we get to today's Green News Report with Desi Doyen --- in which compelling reason is offered to Virginia voters to vote out their GOP climate change denying Congressman Bob Good --- some breaking news out of California, where regulators have finalized a requirement that will allow only new, zero-emissions vehicles (for example, all-electric vehicles) to be sold in the Golden State as of 2035. Desi explains why that's very good news for both the state and the world. Then, she closes out today's program with our latest GNR, including disturbing news on the worst draught in Europe in at least 500 years; the surprising popularity of climate action among Americans; troubling news about fracking and children's health; and oil giant Saudi Arabia's plan to break into the emerging EV market...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Rightwing political violence stirs after former Prez lied about 'siege' at Mar-a-Lago; Also: Midterm elections continue to trend toward Dems...
By Brad Friedman on 8/11/2022 6:13pm PT  

Today on The BradCast: We are now learning even more about what Trump didn't bother to tell his followers when he played the victim card on Monday following the FBI's search at his Mar-a-Lago compound in Florida. It's becoming difficult to avoid the pretty clear conclusion that he is now simply hoping to foster political violence as the walls, the truth, and accountability close in on him. [Audio link to full show follows below this summary.]

First up today, here's the original video version of the Lincoln Project's amusing new ad, hoping to get inside Trump's head and make him wonder who must be the reported "insider" that tipped off investigators about stolen national security documents Trump was believed to have been keeping at Mar-a-Lago.

Before diving fully back into the latest news following Monday's Mar-a-Lago search and the reasons for it, we've got just a bit of encouraging news for Democrats and democracy lovers amid these decidedly UNconventional times. Today, a brief look at polling numbers trending toward Dems in this November's mid-terms, particularly for the U.S. Senate, and how best to make sense of that data.

Then, after days of media speculation and parroting of misleading claims sourced largely Trump and his attorneys, some clearer, more plausible and better sourced details are finally beginning to emerge from several outlets regarding what actually happened at Mar-a-Lago, and why the FBI decided they needed to obtain a warrant from a federal court to execute their search of Trump's property.

CNN sums much of it up well. But, long story short, after days of Trump and his gullible minions (including, shamefully enough, a bunch of top elected Republican officials) whining that the DoJ should have first taken less aggressive and invasive steps to get at whatever they were looking for, it turns out, DoJ very much already did!

Following a criminal referral from the National Archives in January, charging that incredibly sensitive national security documents had been stolen by Trump when he left office, a grand jury subpoenaed him for those documents in June. Top DoJ officials also visited Mar-a-Lago to meet with Trump and his attorneys around the same time to get the documents back. But while some were reportedly returned, others were not, according to both an insider and security surveillance video from inside Mar-a-Lago, reportedly turned over by the Trump Organization.

Documents that were withheld from the National Archives, and said to be of a highly classified nature, were also reportedly stored in the unsecured basement at Trump's South Florida resort.

All of that, as Trump has been out-and-out hoping to scam the public and his supporters (I know, shocking!) by falsely portraying himself as the victim of outrageous "prosecutorial misconduct," "the weaponization of the Justice System, and an attack by Radical Left Democrats." All part of little more than a "political witch hunt" which has resulted in the U.S. having become a "broken, Third-World Country."

Except, if he wanted to prove any of that to be true, as we discussed yesterday with former federal prosecutor Randall Eliason, he could have simply released the warrant he was given by the FBI on Monday, detailing what they were looking for and what crimes they believe may have occurred, along with a full inventory that he was given, listing the documents and other materials that the FBI retrieved from his residence.

Trump could have done all of that. He did none of it.

On Thursday, however, Attorney General Merrick Garland offered brief remarks to announce that DoJ has now asked a federal judge to unseal the warrant, while declaring his support the men and women of the DoJ and FBI who have now been mercilessly targeted by Team Trump over the past week.

The selective release of at least part of the warrant by Trump's attorneys, including the name of the federal magistrate judge who signed it, has resulted in anti-Semitic slurs and calls for extreme violence against the judge and his family. Some have even been posted to Trump's own social media outlet.

It's difficult to believe that political violence isn't the whole point of what the disgraced former President is now doing, as the walls continued to close in on him. An attempted attack at an FBI field office in Cincinnati, Ohio today, by a man with body armor, a nail-gun and an AR-15, would seem to underscore that. (Shortly after airtime, it was reported that the man, injured in a gunfight as he fled but still on the run as of airtime, had been killed by authorities. Also, that the man had attended Trump's January 6, 2021 insurrection at the U.S. Capitol.)

Finally today, Desi Doyen joins us for our latest Green News Report, as the deadly effects of our climate emergency quickly worsen around the world; elected Republican officials in the U.S. are found to have been conspiring to punish private companies working to curb carbon emissions; and at least one country with a long history of denialism among its rightwing elected class (other than the U.S.), is finally getting on board to cut greenhouse gas emissions after voters recently elected non-deniers to take control of its government...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Climate chaos everywhere; Hand-marked paper ballots save the day in IL; PA's GOP Guv nominee at center of 2020 'fake' Electors plot; Biden slams disgraced, pro-insurrection, anti-cop Trump...
By Brad Friedman on 7/26/2022 6:04pm PT  

Sending our love and best wishes to get better soon today to our regular BradCast guest host, Nicole Sandler, who cracked a couple of ribs over the weekend, so wasn't able to fill in for us on yesterday's show as previously planned. But, we're back today with --- you'll be shocked to learn --- lots of news to cover! [Audio link to full show is posted below this summary.]

Among today's many stories of note...

  • Our global climate emergency continues to worsen, as it's been hitting the U.S. --- in addition to Europe and Asia --- hard over the past week or two. In addition to record high temps in the Midwest, South and Northeast in recent days (some of which may be seeing some relief), after two weeks of record heat, more than 9 inches of rain fell on my old hometown of St. Louis, Missouri today, smashing a century-old record. Flash-flooding is predicted to occur in various places from Kansas to West Virginia, Virginia to Tennessee this week, and triple-digit temps will once again slam the usually-cool Pacific Northwest. It's a climate in chaos that will only get worse until (or IF) we do something to slow the burning of climate warming fossil fuels.
  • Just one state, North Carolina, is holding elections today, runoffs in a number of municipal contests. Next Tuesday will be very busy, however, with primary voting in Ohio, Arizona, Kansas, Michigan, Missouri and Washington state. Over the weekend, AP called last week's 10-way Democratic gubernatorial primary in Maryland for Oprah-endorsed Wes Moore, the former CEO of an anti-poverty nonprofit. He would become the state's first black Governor if he defeats Trump-endorsed, insurrection-promoting, 2020 election-denying, right-winger Dan Cox. Last week, Cox defeated the centrist Republican candidate endorsed by the state's current, popular, two-term Republican Governor, Larry Hogan, to win the party's Gubernatorial nomination. This, like the Governor's race in Pennsylvania (more on that below), now becomes another very critical state for Democrats to win in 2022 in order to help stave off the threat of election theft in 2024 by a Republican who has said he would not have certified Joe Biden's victory in 2020, had he been Governor at the time, even though Biden won MD by more than 33 points.
  • Longtime listeners and readers know we always warn after Election Days that problems with voting and tabulation systems sometimes do not appear until days or weeks (or longer) after Election Day. We've got a doozy of an example of that today, on the heels of the June 28 primaries in Illinois where, in Winnebago County, all the referendums on the ballot that day falsely appeared to have been adopted by more than 90% of the vote. Luckily, in this case, hand-marked paper ballots used in the County and cast by some 20,000 voters, ended up saving the day, allowing votes to ultimately be counted correctly as cast, even after the computer tabulators didn't. We explain.
  • BREAKING THIS AFTERNOON: New York Times has obtained previously undisclosed emails between top Trump allies organizing what even they described as a "fake" electors plot in seven states after the 2020 election, in hopes of stealing it for their man. Members on the email chain acknowledged that the phony electoral votes "aren't legal under federal law", but they hoped to spring them on Dems and media anyway "so that members of Congress can fight about whether they should be counted on January 6th." The plotters included a bunch of GOP attorneys, state GOP party officials, Trump campaign staffers and activists and included Rudy Giuliani and Trump's Chief of Staff Mark Meadows. They all knew about it, and they all knew that it was unlawful. The plot also included Doug Mastriano, who, the Times reports, served as the point person for the fake elector scheme in Pennsylvania. Mastriano is now the pre-disgraced, far-right, Christian Nationalist Republican nominee for Governor in the Keystone State.
  • All of that, as both the criminal probe and the House Jan. 6 Committee's investigation of the deletion of Secret Service text messages from January 5 and 6, 2021 heats up and as President Biden, said to be quickly improving from his bout with COVID, offered remarks on video tape to a black law enforcement group in Florida on Monday, about Trump's refusal to stop the insurrection or even condemn the rioters he incited (as the J6 Committee went further in revealing over the weekend.) As Biden correctly told the cops in FL: "You can't be pro-insurrection and pro-cop. You can't be pro-insurrection and pro-democracy. You can't be pro-insurrection and pro-American."
  • Finally, Desi Doyen has our latest Green News Report, with news on a huge new wildfire which has exploded near Yosemite; a new study finding concurrent heat waves are now six times more frequent thanks to climate change; and new details on a 2020 pipeline spill in Charlotte, North Carolina which now turns out to have been 30 times larger than previously known --- making it the largest inland spill in U.S. history...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 7/26/2022 10:39am PT  

IN TODAY'S RADIO REPORT: State of emergency declared over explosive new Oak Fire near Yosemite National Park; Simultaneous, concurrent heat waves are now six times more frequent, thanks to global warming; PLUS: New study quantifies just how much climate damage rich nations have caused to poor ones... All that and more in today's Green News Report!

GNR's now celebrating 13 YEARS of independent green news, politics, analysis, snarky comment and connecting climate change dots over your public airwaves!
PLEASE CLICK HERE TO HELP US CELEBRATE WITH A DONATION!

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

IN 'GREEN NEWS EXTRA' (see links below): The 7 climate tipping points that could change the world forever; Dramatic NASA photos reveal Lake Mead water levels at lowest point since 1937; Gavin Newsom hopes California can become epicenter of wind energy; FPL Secretly Took Over A Florida News Site And Used It To Bash Critics; Air Conditioning Will Not Save Us... PLUS: Is California Carbon Capture Play a Climate Solution or a Ruse?... and much, MUCH more! ...

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




Election law experts are freaking out over corrupt Court's plan to legalize stolen elections; Also: Ginni Thomas lied about J6 testimony; Defamation suit proceeds against Fox 'News'; Internet Voting scheme dead in CA...
By Brad Friedman on 7/1/2022 6:49pm PT  

We have a very serious warning for voters about elections and American democracy and the corrupt U.S. Supreme Court on today's BradCast. Please tune in and listen! [Audio link to full show follows this summary.]

To quickly summarize my half-hour or so long rant at the top of today show...On Thursday, as discussed on our previous show with legal expert Mark Joseph Stern, the corrupt, radical, illegitimate, not-conservative-in-the-least U.S. Supreme Court used a made-up, phony legal doctrine --- the "Major Questions" doctrine --- to justify gutting the Environmental Protection Agency's statutory mandate to protect the environment by regulating climate warming carbon emissions. The so-called doctrine, not found anywhere in the Constitution or historic case law, was made up for use by the Court's rightwing extremists. They are now about to do something very similar in order to gut federal elections and American democracy as we know it in advance of the 2024 Presidential election.

In their last order of business, before the end of this past year's term on Thursday, the Court announced that next term they would take up the North Carolina case of Moore v. Harper. The case involves a voter challenge to the state GOP's newly-drawn U.S. House maps. The NC state Supreme Court agreed the map was an unlawful gerrymander under the state constitution and drew up a fairer map. But North Carolina Republicans sued, charging that state Supreme Court was not allowed, according to the U.S. Constitution, to nix the GOP gerrymander due to the so-called "Independent State Legislature" theory. In short, it's a made up "doctrine" --- not unlike the "Major Questions" doctrine used to justify gutting the EPA --- that has been pushed for a number of years by fringe Republicans.

The ISL doctrine cites some lines from the U.S. Constitution to argue that state legislatures and only state legislatures --- not Boards of Elections or Secretaries of State or Governors or even state courts or Constitutions or popular ballot initiatives adopted by voters --- may dictate how federal elections are run. That is a job solely granted to state legislatures, according to this previously-fringe theory.

It was one of the failed arguments under which Donald Trump supporters tried to claim that emergency pandemic voting rules adopted by state officials (other than the state legislature) were unlawful in 2020. It was also one of the arguments pushed by rightwingers that state legislatures could have simply voted to name Trump electors in states where the voters actually chose Joe Biden's electors.

The "Independent State Legislature" doctrine has never been granted legitimacy by a majority on the U.S. Supreme Court. But, earlier this year, four of the Court's six radical Republicans --- Thomas, Alito, Gorsuch and Kavanaugh --- called for the Court to examine the issue more closely. They now need just one more vote to recognize this controversial Constitutional claim as "legitimate", which is why so many in the election law world are freaking out today after SCOTUS announced yesterday that they will hear 'Moore v. Harper' next term.

Usually, quite staid UC Irvine law professor Rick Hasen's argues "It's hard to overstate the danger" of this case. Vox's Ian Millhiser describes the "grave threat to US democracy" it presents. You --- and elected Democrats(!) --- should be freaking out at this point as well. Or, at least, understanding what is about to happen to what is left of our representative "democracy" if this switch gets thrown by the newly emboldened and radicalized Court.

Given the many radical, not-conservative-in-least rulings over the past several weeks by the six far-right extremists on this stolen and packed Court --- overturning Roe v. Wade, blocking the ability for states to well-regulate firearms, eroding the separation of church and state, all but gutting Miranda rights, further gutting the Voting Rights Act, and torching the EPA's ability to regulate deadly carbon pollution --- we should all be very concerned about what this Court is likely to do regarding Moore in 2023...in advance of the 2024 Presidential election.

We put the case in full context on today's BradCast, and detail why its so important to elect enough Democrats this November --- love them or hate them --- to hold the majority in the House and add enough Democrats to the Senate to finally reform or end the filibuster in order to codify Roe and respond to many of the other matters mentioned above, as well as finally expand SCOTUS to re-legitimize the de-legitimized Trump/McConnell/Roberts Court before they unleash every manner of electoral chaos --- and outright "legalized" stolen elections --- in advance of 2024.

PLEASE. PAY. ATTENTION. TO. THIS. CASE!

Beyond that red flag warning at the top of today's show, and before standing down for a few much-needed days off next week, we also catch up on several other news items of note that we've had to put off over the past week or so due to Congressional hearings, primary elections, and wholly corrupt Supreme Court opinions. Among them...

  • After rightwing activist Ginni Thomas, wife of rightwing activist Justice Clarence Thomas, was revealed to have been deeply involved in Trump's effort to steal the 2020 election, she was invited to testify to the bipartisan U.S. House Select Committee investigating the January 6, 2021 insurrection. She received much coverage when she announced she would be happy to do so, declaring, "I can’t wait to clear up misconceptions. I look forward to talking to them.” You'll be shocked to learn that Ginni was lying. This week, her attorney said she will not testify because there is "not...a sufficient basis" for the Committee to interview her under oath.
  • A judge in Delaware has found that Dominion Voting Systems has presented sufficient evidence to determine that Rupert Murdoch and his son Lachlan of Fox "News" may have acted with "actual malice" when causing their Republican propaganda station to broadcast false claims that the voting system vendor helped steal the election for Joe Biden. The judge ruled that the billion dollar defamation suit against Fox may now proceed toward trial.
  • Here in California, where we recently reported on the attempt by some Democrats in the state legislature to adopt an insane Internet Voting scheme, we've got some good news. After passage in the state Senate, the matter was killed in the state Assembly following critical work by grassroots voting system and cybersecurity experts in opposition and a letter from the Sec. of State opposing the measure as well. But CA Dems keep trying to this, year after year, so watch out for another attempt in future sessions.
  • Finally, Desi Doyen joins us for our latest Green News Report on the heels of SCOTUS gutting the EPA's ability to regulate carbon emissions amid our deadly climate crisis and much more...

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Guest: Howie Klein of 'Down With Tyranny'; Also: Several important (and mostly good) updates on some stories we've recently covered closely...
By Brad Friedman on 5/27/2022 7:07pm PT  

It's another three-hour show packed into about 57 minutes on today's BradCast, as we catch up with a lot of primary election coverage that we previously postponed due to all the mass shootings, and a bunch of late updates on several critical stories we've been closely following of late. [Audio link to full show follows after this summary.]

First, before our always-lively guest today, those updates...

  • SB 1480, the Internet and Fax voting bill shamefully supported by Democrats in the California state legislature has now passed in the state Senate and heads to the Assembly. We recently discussed with longtime Internet voting expert Dr. David Jefferson why the bill is such an outrageously terrible idea. And we urge you once again to stop by Scrutineers.org/California to learn how (and why) you can help stop it before it becomes law and makes its way into the other 49 states!
  • In a more encouraging update to a story we've recently been covering in detail, a three-judge federal appeals court panel (including judges nominated by Biden, Obama and Trump) have overturned the ridiculous ruling by a Trump-appointed lower court judge who found that a federal Amnesty Act for many Confederates in 1872 somehow gave amnesty to January 6th insurrectionists running for office 150 years later. This was part of a challenge led by Free Speech for People (FSFP) to the ballot eligibility of North Carolina's first-term Rep. Madison Cawthorn, under the U.S. Constitution's "Insurrectionist Disqualification Clause" (14th Amendment, Section 3). Though Cawthorn lost his recent primary race for reelection, the appeals court found the case was not moot, because Cawthorn's contest has not yet been officially certified. This is the second federal court to find that the clause may still be used to challenge insurrectionist running for office. FSFP called the ruling a "major victory", warning that other candidates, including Donald Trump, if he runs in 2024, will not be shielded "from the consequences of their actions" when seeking eligibility for the ballot during Constitutional challenges at the state level.
  • And, in another story of ballot disqualification at the state level that we covered in detail earlier this week, the Michigan Board of State Canvassers on Thursday officially disqualified 5 of 10 Republican candidates seeking the GOP Gubernatorial nomination there --- including the two leading candidates --- after finding that they collectively turned in some 68,000 fraudulent petition signatures in hopes of qualifying for this year's August 2nd primary ballot. All of the GOP candidates falsely claim that Donald Trump only lost the state of MI through massive election fraud by Democrats, before their campaigns apparently went out and committed actual massive election fraud in hopes of qualifying to run. Several of the rejected candidates vow to appeal the decisions and blame the state for their own failure to vet signatures and those they hired to collect them.
  • On Thursday, we detailed the story of the "Hiroshima of botched elections," as described by longtime Election Integrity advocate Sherry Healy, that has been playing out since the May 17 primary election for U.S. House in Clackamas County, Oregon. A disastrous ballot printing snafu --- and the way the disastrous Clackamas County Clerk handled it --- has prevented the finalization of several races, including one that was closely watched in Oregon's 5th Congressional district, pitting progressive Democratic challenger Jamie McLeod-Skinner against very conservative Democratic incumbent Rep. Kurt Schrader. On Friday, AP finally called the race for McLeod-Skinner as counting continues in that race. But, if it holds, it's seen a huge victory for grassroots progressives in unseating a sitting, rightwing House Dem (who had been supported by House leadership).
  • And finally, before getting to our guest today, on Thursday, a New York appeals court panel rejected a plea by Donald Trump, as well as Ivanka and Don Jr., to avoid sitting for a deposition in state Attorney General Letitia James' bank, insurance and tax fraud investigation of the former President and his company. On Friday, the news got even better. A federal appears court rejected the Trumps' attempt to nix the investigation entirely.

NEXT, we're joined by our old friend HOWIE KLEIN, the great progressive House candidate expert, longtime proprietor of the Down With Tyranny blog, and co-founder of BlueAmericaPAC, to discuss primary victories (and losses)for progressive Democrats in the 10 states that have held their primaries so far this year. Also, for a preview of Super Duper Tuesday midterm primaries coming up in seven states on June 7th, including here in California (where Howie has some tips for voters in both state and key Los Angeles races.)

Among the races and candidates Howie offers insight on today...

  • Pennsylvania's Lt. Gov. John Fetterman, now running as the state's Democratic U.S. Senate nominee;
  • The huge win for progressive Summer Lee in PA's 12th Congressional District;
  • Progressive Jamie McLeod-Skinner's apparent victory over incumbent Blue Dog Dem Rep. Kurt Schrader in Oregon's 5th Congressional District;
  • The victory of state Rep. Andrea Salinas over a candidate supported by a rightwing crypto-billionaire and Democratic House leadership in OR-6;
  • Rep. Madison Cawthorn's loss in North Carolina's Republican 11th CD and what that means for Democrat Jasmine Beach-Ferrara hoping to win that seat in November;
  • The ongoing, incredibly close battle between rightwing, pro-NRA, anti-choice Dem Henry Cuellar against progressive challenger Jessica Sisneros in Texas' 28th CD;
  • Rep. Lucy McBath's victory over Blue Dog Dem Rep. Carolyn Bourdeaux in a rare member-versus-member contest in Georgia's 7th CD;
  • And whether GA's far-right insurrectionist Republican Rep. Marjorie Taylor Greene, victorious in her 14th District primary this past week, can possibly be unseated by Dem challenger Marcus Flowers.

That's just a taste. Tune in for much more from Howie on all of this, including his several tips for progressive Los Angeles voters on June 7th. (Here's one of them: Anyone but Rick Caruso, "L.A.'s Donald Trump," for Mayor.)

We're off next week, as Desi gets to go see her family for the first time since before the pandemic! Nicole Sandler fills in for us for a few days. And if all goes well, we'll be back before Super Duper Tuesday! See ya then!...

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Guests: Lynn Bernstein of Transparent Elections NC, John Brakey of AUDIT-USA; Also: GA law enforcement, election officials debunk 'voter fraud' claims in Trumpy propaganda documentary, '2000 Mules'...
By Brad Friedman on 5/20/2022 6:50pm PT  

Compare and contrast on today's BradCast. Shoddy treatment of real election observers versus velvet glove treatment of wingnut con-artists claiming the 2020 election was stolen. In one case, longtime non-partisan election integrity observers are locked out from overseeing public election processing before this past week's critical primary elections in a North Carolina county. In the other, longtime phony GOP "voter fraud" fraudsters pretending to be election integrity advocates see their false claims in a propaganda film expensively debunked by both law enforcement and state election officials in Georgia. [Audio link to full show follows below this summary.]

First up, it's the fraudsters who recently released a propaganda documentary into theaters called 2000 Mules. We debunked the film's central claims in detail on this program when it was first released about two weeks ago, as it began trending in rightwing social media circles along with claims from many easily-duped folks that the film proves the election was stolen from Donald Trump.

A number of media outlets explained at the time why it doesn't even come close to doing any such thing. The film relies on cell phone geolocation tracking data and some security camera footage of absentee ballot drop-boxes in several swing states won by Joe Biden to claim that thousands of "ballot mules" illegally "harvested" tens of thousands of fake ballots (from somewhere or other) and deposited them unlawfully to steal the election from Trump. Supposedly, all of those ballots were unlawful votes for Biden, but there is no evidence for that either.

The film was produced and directed by a longtime rightwing activist named Dinesh D'Souza (who pleaded guilty to actual federal election fraud crimes some years ago, before being pardoned by Donald Trump). D'Souza highlights the claims of a longtime, dark money-funded, many times discredited, fake "election integrity" group from Texas calling themselves True the Vote. But, apparently, not mentioned in the film is that their cell phone "evidence" of repeated visits within 100 feet of drop-boxes and security camera footage was already reviewed and rejected by both the FBI and the Director of the Georgia Bureau of Investigation (GBI) before the film was even released earlier this month. A September 30, 2021 letter from GBI Director D. Victor Reynolds explains that, after a full investigation, and consultation with the FBI, the data submitted "does not rise to the level of probable cause that a crime has been committed."

That finding was further buttressed this week when Georgia's state Board of Elections dismissed the groups allegations of fraud by tracking down those shown on camera as depositing multiple ballots into drop-boxes. As Washington Post reports, state investigators tracked down the voters shown in the film and were able to confirm the ballots they deposited were actually those of direct family members, which is perfectly lawful in the state.

It's unknown how many tax-payer dollars were wasted by state (and federal) officials on these wild goose chases into perfectly legal voting, based on D'Souza and True The Vote's absurd claims.

Meanwhile, things were very different this past week in North Carolina, where actual election integrity advocates were prevented from doing their work of overseeing elections on behalf of the public and were even threatened with arrest in Wake County, the closely divided swing-state's most populous county.

We're joined today by two guests we've known for a while and who have been on the show in the past. LYNN BERNSTEIN is the founder of Transparent Elections NC and JOHN BRAKEY is the Director of AUDIT-USA. (Listeners will remember Brakey as the guy who originally exposed on this program, and later in video that went viral, that election denialists in Maricopa County, Arizona last year were examining paper ballots under microscopes for evidence of bamboo fibers to prove their false claim that thousands of fraudulent ballots were somehow cast from someone or another in Asia. Brakey served for months as a public observer of that failed "forensic audit" by the now-defunct Cyber Ninjas in Phoenix.)

This week, the groups of both Bernstein and Brakey published a press release announcing that the two had been barred from the grounds of the Wake County Board of Elections in advance of last Tuesday's midterm primary tabulation. The announcement charged they "were threatened with arrest and prevented from observing routine election administration activities by Wake County election administrator Gary Sims, in violation of North Carolina State Election Law."

We've got audio clips today of the pair being told they were not allowed on the grounds of the Wake County BOE, and of Bernstein's husband Nick being escorted out during the public comment period by law enforcement at a BOE meeting on Monday.

So, what's going on here? Bernstein, an aerospace engineer, trained international election observer and longtime election integrity advocate, claims that "Sims has personally harassed me at Board of Elections meetings in front of the Board and he also threatened to call the police on me when I came to observe on Election Night for the 2020 primary, when I was an at-large observer for the Wake County Democratic Party." She says she and Brakey arrived outside the Wake BOE last week for only minutes before "the police arrived and said we were banned forever" from the grounds of the public facility.

Brakey, who was in town to help oversee tabulation and other often dull, but incredibly important public election oversight procedures, says "It's election time, and this is what I do. I travel the country and I try to work with and mentor other election transparency activists." He tells us that Sims was "out there in four minutes" after they arrived at the BOE and "he was steaming just having [Bernstein] there."

But why was all of this even happening? And why is Wake, according to Bernstein, the only county in the state that does not allow observers of the tabulation on Election Night? "If there's a motive behind all of this, it is not election fraud or anything like that," Brakey tells me. The pair speculate it has something to do with Sims hoping to move the County from their current hand-marked paper ballot system to an expensive, unverifiable touchscreen Ballot Marking Device computerized system for voters. Bernstein has long opposed moving to that type of system, as has Brakey (along with most cybersecurity and voting systems experts.)

Tune in for many more details on all of this, but I wanted to give this incident and both of these folks the highlight they deserve for what seems to be an outrageous attempt to prevent their important work bearing witness for the public when it comes to our public elections. "The actual act of voting is a secret process," Brakey notes. "Counting is a public process. It used to be, and it must be again."

We are more than happy, of course, to welcome Wake's Election Administration Gary Sims to respond on the program with his side of the story as well if he chooses to do so. We'd love to have him!

Finally, we close today with a few thoughts on all of the above, and a bit of listener email regarding trillions of tax-payer dollars in subsidies ("socialized welfare") to fossil fuel companies --- the most profitable companies in the world --- even as clean, renewable energy companies continue to struggle without the same kind of financial support from the government...

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'The system has been breached' says guest Marilyn Marks of Coalition for Good Governance; Also: Primary results from NC, KY, OR, ID, PA...
By Brad Friedman on 5/18/2022 6:30pm PT  

We've got an amazing --- and chilling --- story for you on today's BradCast, about what has turned into a wave of proprietary voting system software theft in several key swing-states since Trump pretended the election was stolen in 2020. But the most disturbing part is that many of these thefts having been carried out by or with the help of actual elected GOP election officials in several states! And there is one in particular, in Georgia, which has just come to light which we focus on today, because our quick-thinking guest actually recorded a damning phone call she received from someone who claims to have been a part of that scheme. [Audio link to full show is posted below this summary.]

Before we get there today, however, we've got a very (too) quick round-up of results from Tuesday's primary elections in North Carolina, Kentucky, Oregon, Idaho and Pennsylvania, and some news on several of them that you may not have heard elsewhere. Among the most noteworthy of those races...

  • The loss of North Carolina's insurrectionist U.S. House Rep. Madison Cawthorn in his GOP primary, and what will now happen to the federal court case regarding Free Speech for People's challenge to his eligibility to run at all under the U.S. Constitution's "Insurrectionist Disqualification Clause." We've been covering that story closely in recent months and we've got comment today from the group's President on what may happen now in the federal case.
  • News on several apparent wins by progressive candidates for the U.S. House in PA and OR, including one that is set to result in the defeat of an incumbent establishment-backed Democratic Congressman and the other likely headed to a recount.
  • The good news for Democrats in the contest for PA Governor, as far-right Trump-endorsed insurrectionist wingnut state Sen. Doug Mastriano won the GOP nomination to run against state A.G. Josh Shapiro. Suffice to say for now, Republicans are not happy about their nominee.
  • And the critical race to fill the U.S. Senate seat being vacated by Republican Pat Toomey, where progressive Lt. Gov. John Fetterman easily won the Democratic contest and the battle for the Republican nomination is likely headed to a recount between Trump-endorsed celebrity TV doctor Mehmet Oz and pretty-much-just-as-Trumpy former hedge-fund CEO Dave McCormack. Both are now waiting on late arriving mail-in ballots to be tallied in the exceedingly close race, even though Republicans in 2020 argued that late arriving mail-in ballots in the Keystone State were all illegal and should have been tossed out. Not anymore, apparently. (And we wonder how long it'll be before they notice yesterday's BradCast rounding up several Republican-leaning counties where voters were turned away for hours after polls opened, thanks to voting system failures.)

THEN, it's on to the remarkable story of GOP election insiders in critical swing-states such as Michigan, Colorado, Ohio and Georgia, who, following the 2020 election, conspired with a cabal of election denying Team Trumpers to breach secure facilities in elections offices. They made illegal image copies of hard drives from key voting system computers containing sensitive, proprietary software and voter databases in at least 8 counties across the country...for some reason.

Part of this story is newly revealed evidence about one such a case in Coffee County, Georgia, which includes a damning recorded phone call received by our guest today, MARILYN MARKS of the Coalition for Good Governance. The caller admits to an elaborate scheme to copy and analyze hard drive data from the county that Trump is said to have won by about 40 points. He also told Marks that he hacked into her legislative filings in her long-running lawsuit against the state, which seeks to replace Georgia's unverifiable touchscreen voting systems with simple, verifiable hand-marked paper ballots.

You'll need to tune in for the full details on this story. It's broad and, at times, complicated. And, yes, we share some of the disturbing audio from that phone call to Marks from an Atlanta bail bondsman by the name of Scott Hall who brags about chartering a jet to Coffee County with a group that "scanned all the equipment, imaged all the hard drives and scanned every single ballot" with "the entire elections committee there" who, he claims on the call, said "we give you the permission. Go for it."

We pull together a bunch of threads from a bunch of investigative news sources (as well as some of our own reporting) on all of this, on the broad scheme carried out by some of Trump's top "Stop the Steal" compatriots and the almost inconceivable lack of apparent investigation --- or worse, cover-up --- by GA's Sec. of State Brad Raffensperger regarding the still mysterious incident in Coffee County.

As noted, you'll need to tune in for the full details, but among the stories and recent detailed investigative reports referenced and/or cited in our coverage today...

  • Mesa County Court Judge Removes Peters as Designated Election Official for the 2022 Election (CO SoS)
  • Trump allies breach U.S. voting systems in search of 2020 fraud ‘evidence’ (Reuters)
  • PRESIDENTIAL FINDINGS TO PRESERVE COLLECT AND ANALYZE NATIONAL SECURITY INFORMATION REGARDING THE 2020 GENERAL ELECTION (Draft Executive Order)
  • Georgia county under scrutiny after claim of post-election breach (Washington Post)
  • Georgia’s Alleged Dominion Voting System Breach (Coalition for Good Governance)
  • Building the "Big Lie": Inside the Creation of Trump’s Stolen Election Myth (ProPublica)
  • The Plot to Overturn the Election (PBS' Frontline and ProPublica)

Among the questions discussed with Marks: What the hell is going on here? Is it a violation of state and/or federal law to make discreet imaged copies of this software? Why was Team Trump doing it in the first place? Is Sec. Raffensperger's office investigating what happened in Coffee County, GA or not (they are offering conflicting statements, including in Marks' legal case challenging the use of the state's Dominion touchscreens)? What kind of threat does all of this pose to elections around the county in 2022 and 2024 in Georgia (their midterm primaries are next week) and in the many other states which use the very same software --- now stolen by these people --- to run their elections?

"Certainly they were violating state and federal laws," Marks tells me. "The difficult part of this is It puts virtually all states that are using the Dominion system --- without doing thorough audits and [using] hand-marked paper ballots --- it puts all of these at risk."

"If what Scott Hall and other have said happened truly happened, then there are people who have unauthorized copies of software off the server and off of all of the components," she explains. "These people can now craft and test malware and how to exploit the vulnerabilities in an election."

Marks believes the initial effort was meant "to try to find evidence or perhaps even fabricate evidence," regarding the 2020 election. But it has since gone far beyond that.

Raffensperger, she says, is offering "nothing but stonewalling" and "is telling different things to different people." She notes there is "no record of opening an investigation" in Coffee. That, as the Secretary's second-in-command, Gabe Sterling, seemed to suggest in a recent court deposition that there WAS an investigation of the server in Coffee, that it was actually quietly seized by the state, but that he "can't remember" the findings from the inquiry.

"There are many mysteries to unfold here. We don't know who has been in the system and how far any malware may have spread if it were implanted." She warns the Secretary's office and state Elections Board "want to hide their heads in the sand despite" the mounds of recent investigative reporting (as linked above) on what is going on here.

"The system has been breached," Marks cautions chillingly, before explaining what must be done now to safeguard our elections --- including from insider election officials who have now put our entire democracy at very serious risk. Even hand-marked paper ballots, she notes, are still tabulated by these same computer systems.

"Remember, the remedy we are seeking [in our suit] is not simply hand-marked paper ballots but hand-marked paper ballots with very thorough audits. IF we get the audits, yeah, there can be hacking but any outcome-changing hack will be detected and can be corrected," Marks argues. "While you can't get rid of the risk, you can remedy that risk."

Again, much more detail on today's show. It's a doozy. Please tune in...

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Also: Biden in Buffalo condemns 'poison' of white supremacy, those who 'spread the lie' of replacement theory 'for power, political gain and profit'...
By Brad Friedman on 5/17/2022 6:12pm PT  

On today's BradCast: It's primary election day in five states, with voting system problems reported in at least three counties in one of them, as the President traveled to upstate New York to condemn white supremacist "terrorism" and grieve with the community following Saturday's racist massacre at a neighborhood grocery story in a predominately black area of Buffalo. [Audio link to full show is posted below this summary.]

FIRST UP, a bit of seemingly encouraging breaking news just before airtime today from the New York Times. They report that the Dept. of Justice "has asked the House committee investigating the Jan. 6 attack for transcripts of interviews it is conducting behind closed doors, including some with associates of former President Donald J. Trump." The paper describes the news as "further evidence of the wide-ranging nature of the department’s criminal inquiry into the events leading up to the assault on the Capitol and the role played by Mr. Trump and his allies as they sought to" steal the 2020 election.

That sounds like encouraging news, even if the Times, for some absurd reason, describes the effort to steal the election as an attempt "to keep him in office after his defeat in the 2020 election." Normal humans would describe it simply as an attempt to steal an election. Our corporate media, and even most Democratic officials, for reasons I cannot explain, do not do so. In any event, sounds like good news no matter how stupidly the Times is reporting on it.

NEXT, it's midterm primary day in Kentucky, Oregon, Idaho, North Carolina (where insurrectionist Rep. Madison Cawthorn is running for his life) and Pennsylvania (where Dems see one of their best opportunities to flip a Republican-held U.S. Senate seat.) We'll have noteworthy results on tomorrow's program, but today we focus on three counties in PA, where voters were reporting problems simply trying to cast their vote.

In Berks county "widespread" problems were reported apparently with the County's new electronic pollbooks made by ES&S, just added to polling places countywide for the first time this year. Those new computers were added to the complicated mix of high-tech equipment already forced on voters in Berks, where residents are required to vote on 100% unverifiable touchscreen Ballot Marking Device computers at the precinct. It was a full two and a half hours after polls opened before officials finally deployed backup paper pollbooks(!)to all locations in the county, so voters could finally vote. It's unclear whether the systems simply didn't work, or election officials didn't make sure to properly train poll workers to use them. Either way, voters couldn't vote for hours and some were undoubtedly disenfranchised entirely because emergency paper ballots were not supplied either, according to one state Rep. who said he was held up for hours (though he appears to have misreported the problem as one with voting machines, as opposed to the e-pollbooks.)

In Alleghany County (home of Pittsburgh), some precincts reportedly opened hours late, due to a mix of problems, including lack of keys to get into precincts or a lack of Election Judges in some case, thanks to COVID. At least they respect their voters enough there to allow them to vote on simple, verifiable hand-marked paper ballots (with simple paper pollbooks) ... once the polls finally opened, in any event.

In Luzerne, a Republican-leaning county with a history of voting system issues, it was reportedly the touchscreen voting machines made by Dominion that held up voters, though the Chair of the County's Board of Elections seemed happy to throw poll workers under the bus for what she described as "human error". That, instead of taking blame for forcing those over-worked, under-paid workers to use overly complicated computer systems with a lack of training, in order to eventually (maybe) allow voters to cast unverifiable ballots on touchscreen voting systems after they manage to sign in with e-pollbook computers made by ES&S.

THEN, we head to Buffalo for President Biden's remarks to victims of Saturday's mass shooting by an 18-year old white supremacist who killed 10 and wounded 3 with a Bushmaster assault rifle in a matter of minutes in a predominately African-American neighborhood. The massacre came just three days after a Trump-appointed federal appeals court judge issued a ruling overturning California's law banning semiautomatic weapons purchases for those under the age of 21, finding the law to be an unconstitutional violation of the 2nd Amendment.

In his Wednesday ruling, Judge Ryan Nelson cited "the heroism of the young adults who fought and died in our revolutionary army" in "reaffirm[ing] that our Constitution still protects the right that enabled their sacrifice: the right of young adults to keep and bear arms.” Never mind that young adults during the Revolutionary War used rifles that fired one shot at a time after being laboriously loaded through their muzzle --- as opposed to the semi-automatic Bushmaster rifle used to shoot more than a dozen, including an armed guard, in mere seconds on Saturday in Buffalo.

Biden said today that the nation must "reject the lie" of "replacement theory" spread the far-right, Fox "News" and GOP elected officials, while describing America's diversity as its strength. He derided the "hateful minority" who spread the lie "for power, political gain and for profit" --- as Fox' Tucker Carlson has done hundreds of times on his primetime show and as GOP House Leadership's Rep. Elise Stefanik of upstate NY has recently done in her campaign ads.

"Evil will not win," the President vowed in moving and powerful remarks which we share at length. "Hate will not prevail, and white supremacy will not have the last word," Biden said, charging that "hate and fear have been given too much oxygen by those who pretend to love America."

FINALLY, Desi Doyen joins us for a few thoughts on all of the above, as well as our latest Green News Report. Among the matters she covers today: a new analysis finding wildfires are likely to double across the U.S. in the next several decades; while Russia has used energy as a weapon in its war on Ukraine, they are now threatening to cause a global food crisis as well; and while the state of California recently became powered by 100% renewable electricity for a short time, the state of Texas is, once again amid another heat wave, having trouble even keeping their lights on...

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Guest: FSFP's Const'l law expert John Bonifaz with court updates on ballot eligibility challenges to 'insurrectionist' candidates in GA, AZ, NC; Also: Leaked SCOTUS 'Roe' opinion shaking up midterms...
By Brad Friedman on 5/10/2022 7:00pm PT  

I guess I'll have to keep saying it damn near every day on The BradCast between now and November (and probably for the next two years thereafter, at this rate), but anyone who tells you they know what's gonna happen in his year's elections, is just making it up outta whole cloth. Everything is changing every single day and all of it is going to effect what happens next. [Audio link to full show follows below.]

For example, before we get to our guest today, some quick news on the fallout from the stolen and packed U.S. Supreme Court's likely plan to overturn 50 years of freedom for American women's healthcare by overturning the Constitutional right to an abortion established in 1973's Roe v. Wade.

The news has been so alarming to so many that even Sen. Bob Casey (D-PA), a long time "pro-lifer", now says he plans to vote for the Women's Health Protection Act in the Senate this week to codify abortion rights into federal law. At the same time, new polling taken last week, after the leak of Alito's draft majority opinion that would overturn 'Roe', finds both good and suggestively helpful news for Democratic candidates paying attention.

The poll from Yahoo News/YouGov finds, once again, that a large majority of Americans do not want Roe overturned. More importantly, for democracy itself, voters in the survey support a generic Democratic over a generic Republican on their Congressional ballots by a 5-point margin (44% to 39%). But here's where the polling is really enlightening: "[W]hen voters were asked to choose instead between a 'pro-choice Democrat' and a 'pro-life Republican,' GOP support fell to 31% while Democratic support held steady --- more than doubling the gap between the two candidates, to 13 percentage points."

Got that, Dems?

That's just one of too many wildcards between now and November that make any sort of punditry largely useless. Another one? Well, Donald Trump's former Sec. of Defense Mark Esper was on Fox "News" this week confirming to Brett Baier that, yes, given the events of January 6th, 2021 and some other stuff, he believes "Donald Trump was a threat to democracy." Ouch.

Speaking of the January 6 insurrection and threats to American democracy, we're joined once again today by Constitutional law expert JOHN BONIFAZ, President and co-founder of Free Speech for People (FSFP), the non-profit, non-partisan good governance group helping voters to challenge the eligibility for reelection of elected officials who have "engaged insurrection" in violation of the Constitution's "Insurrectionist Disqualification Clause" (14th Amendment, Section 3).

Bonifaz was with us several weeks ago following the sworn testimony of challenged Georgia Republican Rep. Marjorie Taylor Greene, who hedged and/or lied and/or "can't recalled" her way through questioning before an Administrative Law Judge in Atlanta. Greene claimed she couldn't remember whether she suggested that Trump invoke Martial Law (she did), whether she said Nancy Pelosi was "a traitor to the country" (she did, and admitted as much after it was clear that FSFP's attorneys questioning her had the video evidence), or that she even opposed the peaceful transfer of power on January 6th (yup, she did that on video too.)

On Friday, the state Administration Law Judge who oversaw the hearing, Charles Beaudrot, released his decision in the case, recommending that GA's Republican Sec. of State Brad Raffensperger not disqualify Greene from the ballot for lack of evidence from the challengers. But Beaudrot's 19-page decision [PDF] --- and Raffensperger's subsequent rubber stamp [PDF] --- "betrays the fundamental purpose of the Fourteenth Amendment’s Insurrectionist Disqualification Clause and gives a pass to political violence as a tool for disrupting and overturning free and fair elections," said FSFP in response. Bonifaz, today, describes major legal errors that he says must be reversed.

For example, Beaudrot completely ignored the evidence of text messages Greene sent to Trump's then Chief of Staff Mark Meadows on invoking Martial Law and Greene's own video on social media declaring, "you can't allow it to just transfer power peacefully, the way Joe Biden wants, and allow him to become our President."

Beaudrot "treats her as a credible witness," in his decision, charges Bonifaz, with "nothing about her as a witness who is not credible on the stand under oath, saying she couldn't remember, couldn't recall more than 80 times. Then you add that to the fact that days after her testimony, the revelation of the text she sent to Mark Meadows, where she did in fact advocate that Trump impose martial law to stay in power."

On top of that, he explains, the Judge also offers yet another reason to appeal. "The Georgia Supreme Court stated that, under Georgia law, 'The entire burden is placed upon the candidate to affirmatively establish their eligibility for office.' That's what the law is. [But] days before this hearing began, [Beaudrot] shifted the standard --- he reversed the burden of proof, and said it was not going to be on the candidate, it was going to be on challengers, contrary to that Supreme Court ruling."

FSFP is appealing the decision on behalf of the voter challengers they represent in GA's 14th Congressional District to Fulton County (Atlanta) Superior Court. "That's going to be before one judge. If we prevail, I'm sure Greene's attorneys will appeal to the state supreme court." Bonifaz says they plan to make every challenge possible through both the primary and general election, if necessary.

"We are not, on our end, giving up in any way," he vows. "The evidence is overwhelming that Marjorie Taylor-Greene engaged in insurrection, that she's disqualified, and our clients want us to proceed --- the voters in her district who are courageous to stand up on this --- they have been done an injustice by Judge Beaudrot."

The Greene case in GA is not the only challenge to alleged insurrectionist candidates for office. FSFP also challenged the eligibility of Rep. Madison Cawthorn in North Carolina, where a federal Appeals Court judge was seemingly stunned last week by his defense attorney's claim at their hearing that, yes, a 12-year old could run for Congress and nobody in the state could challenge that Constitutional deficiency, that it would be solely up to Congress to determine who is eligible to be seated as a member. A ruling from that 3-judge appellate panel is due soon.

And in Arizona, where the indefatigable FSFP is representing voters challenging the candidacies of Reps. Paul Gosar and Andy Biggs, along with AZ State Rep. Mark Finchem, the Trump-endorsed Republican running for Sec. of State this year, the state Supreme Court on Monday denied the right for voters to challenge candidates at all based on the Insurrection Disqualification Clause. They determined [PDF] that "no private right of action exists under the United States Constitution or Arizona law" to challenge candidates under the 14th Amendment and that "the Constitution reserves the determination of the qualifications of members of Congress exclusively to the U.S. House of Representatives."

Bonifaz disagrees, but concedes the group is out of court options in the state. However, he explains, the Secretary of State has the final word on ballot eligibility. In this case, that would be Democrat Katie Hobbs, who they've asked to disqualify the candidates. While that might otherwise be encouraging news, it should be noted that Hobbs is also on the ballot this year running for Governor. That could restrict her political options in a matter like this...but we'll see. But credit to FSFP for fighting as hard and as long as possible!

And, yes, Bonifaz tells me, the group intends to bring challenges, on the same Constitutional basis, against Donald Trump if he runs again in 2024. "Absolutely," he vows.

Finally, Desi Doyen joins us for our latest Green News Report, as "unprecedented" wind and heat in New Mexico are fanning out-of-control wildfires across the state, endangering thousands of homes and other structures. Also, wildfires in Russian Siberia are out of control as the military, which usually tensd to them, are otherwise occupied of late fighting Putin's war on Ukraine. But she's got some good news too, about cow burps! That alone may be worth tuning in for!...

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Also: Turner loses again to Brown in OH; Trump-endorsees win in OH and IN; Amazing appeals court hearing in Cawthorn ballot eligibility case; Trump wanted to shoot BLM protesters, says his former SecDef...
By Brad Friedman on 5/4/2022 6:14pm PT  

On today's BradCast: With midterm primaries in Ohio and Indiana yesterday kicking off a month of about a dozen such primaries across the country, and more to come in subsequent months, America is voting again. So, naturally, America's voting systems are failing voters again. [Audio link to full show is posted below this summary.]

In Ohio, in at least three different counties (Lucas, Cuyahoga and Williams) reports of misprogrammed systems prevented voters from casting their votes or forced them to return later in the day to do so. Electronic pollbooks used as part of computer touchscreen Ballot Marking Devices (BMDs) appear to be the culprit this time. Again. In this case, at least in Lucas (Toledo) and Cuyahoga (Cleveland) it appears the e-pollbook vendor misprogrammed them to print out barcodes on ballot cards that subsequently brought up the ballot for the wrong party when voters put those ballot cards into the BMDs to try and cast their votes. Republicans received Democratic ballots and vice versa.

The widespread failure was reportedly corrected eventually, by about 2pm. In some cases, poll workers were able to manually punch in codes to bring up the correct party ballots and precincts onto the BMD systems for voters. In other cases, voters were given printed ballots that they could fill in by hand (begging the question as to why all voters weren't simply given reliable, verifiable hand-marked paper ballots to use in the first place to avoid these ongoing electoral nightmares!) Either way, problems like these do little to foster confidence in our electoral system, particularly on BMD systems which are already 100% unverifiable after elections, making it impossible to know if votes cast via such systems actually reflect the intent of any voter.

Luckily, confidence in our voting systems hasn't been a big concern in the U.S. of late, right?

As to actual reported results of voting on Tuesday, we cover, among other things, the Democratic U.S. House race watched closed by some on the progressive left between Rep. Shontel Brown and Bernie Sanders-ally Nina Turner in the state's 11th Congressional District (which happens to touch both Lucas and Cuyahoga Counties, where voting systems failed). The contest was a re-run of last Summer's special election to fill the House seat vacated by Rep. Marcia Fudge after she was tapped to serve as Joe Biden's HUD Secretary. Turner lost once again on Tuesday, reportedly by a much wider margin this time, before suggesting in her fiery concession speech that she may be planning an independent run for President in 2024.

All of the U.S. House races in Ohio were run on a new map found by the state Supreme Court to violate the state's constitution, requiring districts that reflect the state's partisan balance after a 2018 ballot iniative for fairer maps won 70% of the vote. Ohio's Presidential contest in 2020 was about 53 to 45% in Trump's favor. Nonetheless, the new maps created by the GOP-majority Redistricting Commission in the Buckeye State will likely result in a 13 to 2 --- or maybe 12 to 3 --- advantage in favor of Republicans in Ohio's U.S. House delegation, as redistricting expert Dave Daley told me via email today. The unconstitutional map is being used in 2022 as the court challenge continues. Perhaps they'll get fair U.S. House maps by 2024. Or not.

On the Republican side of Tuesday's primaries, all of Trump's endorsed candidates --- no matter how crazy, no matter how many times they've been accused of domestic violence or sexual harassment --- won yesterday in both Ohio and Indiana. In Ohio, that even included author and former never-Trumper J.D. Vance in his bid for the GOP U.S. Senate nomination. Vance, back in 2016, said he couldn't "stomach Trump" and found him "noxious". But he changed his tune when he decided to run for the open Senate seat being vacated by retiring Republican Sen. Rob Portman. Now, Vance says, Trump's "a great President, certainly the best President of my lifetime." That was enough, apparently, to win Trump's endorsement, which appears to have catapulted Vance from third place, just a few weeks ago, to a reported win on Tuesday night. He'll be running in November against Democratic nominee Rep. Tim Ryan.

While all of this is great for Trump's considerable ego, it remains to be seen whether having a bunch of far-right, radical loons and alleged abusers who insist the election was stolen from Trump in 2020 (despite any evidence to support the claim) will be good or bad for the GOP this November. It should be a big year for them, but there are still a whole lot of X Factors that could affect so-called Conventional Wisdom on this.

Next, the voters challenging the eligibility of North Carolina insurrectionist Rep. Madison Cawthorn to run for reelection had their day in federal appeals court on Tuesday, after a Trump-appointed lower court judge tossed their Constitutional challenge to Cawthorn's eligibility under the "Insurrectionist Disqualification Clause" of the 14th Amendment. The Q&A between Cawthorn's defense attorney and one of the judge's on the appeals panel was...um...kinda mind-blowing.

As Constitutional law expert John Bonifaz of Free Speech for People, the group representing the voter challengers, summarized on Twitter yesterday: "'Let's say you want to run for office at 12 years old, or something like that,' Judge James Wynn said. 'The state can't do anything? You've got to wait until Congress says they can't run?' Cawthorn's counsel: Yes, the state has no role + must allow that 12 year old on the ballot." Even that snippet doesn't do this hearing justice. We break the whole thing down for ya today.

Then, as we try to get caught up on a bunch of stuff that's been buried by larger stories (in Ukraine, at the Supreme Court) this week, a new memoir by Trump's last Defense Secretary, Mark Esper, claims that Trump wondered why the military couldn't just shoot Black Lives Matter protesters in the street.

Finally, Desi Doyen joins us for our latest Green News Report, as unprecedented heat in South Asia is now "testing the limits of human survivability" and much more, including even some good news on Denmark going all-electric...

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Guest: John Bonifaz of Free Speech for People; Also: Macron's victory; Trump found in contempt in NY, fined $10k/day until subpoena answered...
By Brad Friedman on 4/25/2022 6:43pm PT  

Well, we're back after a much-needed break last week on The BradCast. (Thanks to Nicole Sandler for covering for us for a few days!) As it turns out, disappointingly, news didn't stop just because we were gone!

First up today, some very good news from over the weekend and from this afternoon...

According to Exit Polling (which tends to accurately report on Europe's various hand-marked, hand-counted balloting) on Sunday, center-right French President Emmanuel Macron defeated far-right extremist Marine Le Pen to win a second five-year term. The European Union and democracy-lovers everywhere are breathing a sigh of relief following the apparently failed third try by Le Pen --- a supporter of Trump, Putin and other far-right autocrats and an opponent of NATO, the EU and immigrants --- to win the Presidency. It was the first time in 20 years that a French President has won a second term. Macron did so by a comfortable 17 points, based on Sunday surveys. Le Pen's far-right coalition will now shift their efforts to Parliamentary elections coming up in June.

More good news today, this time out of New York, where the Judge overseeing state Attorney General Letitia James' civil probe of alleged bank, tax and insurance fraud by Donald Trump, his kids and the Trump Organization has found him in contempt. Trump is now being fined $10,000/day until he adequately answers the AG's subpoenas for documents. "Today, justice prevailed," James said in a statement following following the Judge's order. “For years, Donald Trump has tried to evade the law and stop our lawful investigation into him and his company’s financial dealings. Today’s ruling makes clear: No one is above the law." But, in potentially even better news, Asst. Attorney General Kevin Wallace is quoted by AP as saying "We plan to bring enforcement action in the near future". Translation: Trump is about to face serious civil litigation in NY that could ultimately break up and/or bankrupt his company, if successful.

At the same time, the Manhattan District Attorney's criminal investigation into many of the same matters, regarding Trump committing fraud over many years by lying on his annual financial statements, continues as well.

The quest for accountability in the wake of our failed former President's attempt to steal the 2020 also continues elsewhere. On Friday, Georgia's far-right Republican U.S. Rep. Marjorie Taylor Greene became the first sitting member of Congress to answer questions under oath about involvement in the January 6th, 2021 insurrection at the U.S. Capitol. Her testimony in an Atlanta courtroom, following a ruling to allow it by a federal judge, came in response to a ballot eligibility challenge filed by several voters in her 14th Congressional District. They charge Greene is ineligible for office based on Section 3 of the U.S. Constitution's 14th Amendment. The so-called Insurrection Disqualification Clause bars from office those who, after previously taking an oath to defend the Constitution, subsequently "engaged in insurrection or rebellion against the same" or have "given aid or comfort to the enemies thereof."

Greene was just one of the members of Congress who was neck-deep in the attempts by Trump and his MAGA Mob to block the certification of Joe Biden's 2020 election victory. She even went so far, as video produced by the plaintiff revealed, as to threaten violence to prevent the peaceful transfer of power to the new President. On Friday, Greene sat for several hours of questioning from attorneys at Free Speech for People (FSFP) who are representing voter-clients in Georgia, as well as several other states where voters are challenging the eligibility of elected officials who "engaged in insurrection" or gave "aid or comfort" to those who did.

Today, we step through her prevaricating testimony from Friday, in which she attempted to lie about charging that Democratic U.S. House Speaker Nancy Pelosi had committed treason ("punishable by death," Greene noted in the video she initially tried to pretend did not exist) and about expressing approval for a comment on her own Facebook page calling for a "bullet to the head" of the Speaker.

Much of Greene's testimony consisted of dozens of "I don't recall" and "I don't remember" responses to the plaintiff attorneys, even as her memory was suddenly razor sharp when it came to remembering tweets, comments and other social media posts and videos cited by her own defense attorneys. While Greene claimed she never called for violence, the clear record proves otherwise.

We're joined today by JOHN BONIFAZ, Co-founder and President of FSFP, the group working with voters bringing the challenges to Greene in GA, as well as Rep. Madison Cawthorn in North Carolina, Reps. Paul Gosar and Andy Biggs in Arizona, and against far-right AZ State Rep. Mark Finchem, the Trump-endorsed Republican candidate for Secretary of State.

Bonifaz offers his reaction to Friday's hearing and Greene's attempt to evade accountability for her role in the 2021 insurrection. He also offers updates on the appeals filed in federal court in North Carolina (where a Trump-appointed judge rejected FSFP's challenge to Cawthorn's candidacy on a rather remarkable basis, as discussed) and in AZ, where a Maricopa County Superior Court Judge on Friday dismissed FSFP's challenge to Gosar, Biggs and Finchem. In that case, as Bonifaz details, the judge rejected the Constitutional challenge not on the merits, but on the claim that private citizens have no right to sue under the 14th Amendment. Bonifaz, a longtime, well-respected Constitutional law expert, explains why he believes the AZ judge is wrong (for example, he observes, it would allow a 14-year old or Vladimir Putin to run for Congress!) and the basis for which his organization is appealing that ruling.

Meanwhile, back in Georgia, the state administrative law judge who oversaw Friday's testimony, Charles Beaudrot (a corporate tax attorney who was initially appointed by a Republican Governor), will soon give his recommendation to Republican Sec. of State Brad Raffensperger as to whether Greene should be disqualified from the mid-term ballot. Raffensperger will then decide whether to accept Beaudrot's recommendation or not.

No matter how it all shakes out, Bonifaz tells me today, the federal court ruling which allowed the challenge to go forward in the state last week is a victory in and of itself.

"Independent of what happened in the hearing on Friday," Bonifaz says, "what's happened is the door has now been opened for somebody like Donald Trump --- or anyone else who took an oath of office and engaged in insurrection --- being held accountable in Georgia. That door is now open because the precedent is there for voters to be able to challenge them based on Section 3 of the 14th Amendment. Assuming its upheld by the 11th Circuit (Greene's attorney, who also works for Trump, is appealing the U.S. District Court Judge's ruling) that means there will be a challenge, I think, to Donald Trump appearing on the Georgia ballot in 2024."

There's lots more in today's conversation with Bonifaz! Please tune in...

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

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

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

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

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

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

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

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

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Lowest jobless numbers since 1969; MTG faces ballot disqualification in GA; Trump dumps Brooks, Brooks turns on seditionist Trump; Ginni Thomas texted Meadows to steal 2020; And, again, where is Clarence?
By Brad Friedman on 3/24/2022 6:57pm PT  

There's plenty of bad news out there. But on today's BradCast, we've got plenty of good news amid the bad...some of which is interrupted by breaking, bizarre, though hardly surprising news (at least when it comes to the corrupt Clarence and Ginni Thomas!) [Audio link to full show follows this summary.]

Almost all of these stories deserve more attention than they've been getting. But, because they tend to amount to good news and/or news that may help Dems and/or hurt Republicans, you haven't heard as much about them as you should from corporate media outlets where bad news leads or on social media, where rightwing outrage is monetized and weaponized. Among our many stories today...

  • According to the Commerce Dept., via Reuters, weekly jobless claims last week hit their lowest level since 1969! Seriously. But who knew? Do you think you might have heard more about that if Trump was President instead of Biden? While stories about inflation tend to dominate headlines, stories about Joe Biden's economy --- firing on all pistons, even amid both inflation and war in Europe --- quickly disappear off the front pages (if they showed up there in the first place.) Little wonder the President's approval ratings remain low, despite a booming economy and huge majorities of Americans (of all parties) supporting his response to Russia's war on Ukraine.
  • Far-right Congressional loon Marjorie Taylor Greene's eligibility to run for re-election is being officially contested today by Georgia voters and the Constitutional law experts at Free Speech for People (FSFP). The non-partisan group previously filed a separate challenge against the Constitutional eligibility of North Carolina Rep. Madison Cawthorn to run in 2022 on the same basis. Greene, like Cawthorn, is accused of violating Section 3 of the 14th Amendment which bars those who have taken a federal oath to defend the Constitution from running again if they have subsequently "shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof." FSFP cites Greene's participation in the January 6, 2021 insurrection, including her pre-Jan 6 video-taped message urging supporters to block the peaceful transfer of power after Biden's 2020 Electoral College victory ("You can't allow it to just transfer power 'peacefully,'") and her charge that Biden and House Speaker Nancy Pelosi were "guilty of treason", which she described as "a crime punishable by death". That, before her supporters went on to attack the U.S. Capitol to block the peaceful transfer of power while calling for death of Pelosi. Under Georgia law, MTG will now have the burden of proving she isn't an insurrectionist, and FSFP will be able to depose her under oath in the process. Moreover, FSFP Co-Founder and President John Bonifaz tells The BRAD BLOG today: "There will be more such challenges to be filed this year."
  • Speaking of insurrectionists, one of Trump's favorite ones just got dumped by him. Alabama Rep. Mo Brooks, running to win the GOP nomination for U.S. Senate in the state, was unendorsed by Trump on Wednesday. Brooks, a top "Stop the Stealer", spoke at Trump's January 6th Insurrection Day rally near the White House. But, after urging the MAGA mob last year to turn their disappointment about 2020 into efforts to win in 2022 and 2024, Trump pretended he didn't like Brooks anymore and unendorsed him yesterday. The real reason he dumped him, of course, is because Brooks is currently running third in the GOP primary and Trump doesn't want to be seen as backing yet another loser. But in response to getting dumped, Brooks put out an extraordinary statement last night claiming Trump asked him to "rescind the 2020 elections, immediately remove Joe Biden from the White House, immediately put President Trump back in the White House, and hold a new special election for the presidency." Brooks stood by the claim during a local TV interview last night, saying that Trump asked him repeatedly to remove Biden and restore Trump, even recently. TPM's Josh Marshall describes it as "definitional sedition."
  • Then, as we did yesterday, we have to ask again: Where is Clarence Thomas? After being admitted to the hospital last Friday with an "infection" and "flu-like symptoms", the Supreme Court finally disclosed the hospitalization of the 73-year old Justice on Sunday, announcing "his symptoms are abating" after intravenous antibiotic treatment and that he'll be released "in a day or two". The Court has had no update since Sunday. Today, four days later, The Hill reports a friend says Thomas is "resting" and "going to be just fine", but won't disclose whether he's "resting" in the hospital or at home, for some reason. Why not? We discuss.
  • And, speaking of the apparently ailing and clearly corrupt Clarence Thomas, his far-right activist wife Ginni Thomas --- according to breaking news this afternoon from Bob Woodward and Robert Costa at Washington Post --- sent dozens of insane text messages to then White House Chief of Staff Mark Meadows, encouraging him to somehow steal the 2020 election in November of that year. The Thomases have long been corrupt, but this incident may take the cake. She was encouraging the Trump White House to find ways to overturn the results of a Presidential election while her husband was often the lone vote at SCOTUS in favor of absurd MAGA lawsuits challenging the election. He even voted in favor of challenges regarding the January 6 House Select Committee's subpoenas. Ya know, subpoenas that resulted in Meadows turning over text messages from his wife Ginni Thomas! This is a remarkable amount of corruption inside of corruption inside of corruption. Is it finally time to impeach Clarence Thomas? (If he is ever released from the hospital, in any event.)
  • Finally, Desi Doyen joins us for our latest Green News Report, in which --- aside from more climate-fueled disasters in Texas and Louisiana, and nuclear concerns rising at Chernobyl --- she manages to find a whole bunch of surprising silver linings in the response to Putin's war on Ukraine, which is resulting in Europe speeding up their move away from fossil fuels...

If the news of late has ya down, today's show may offer a brief respite. You're welcome! (Yeah, we needed it too!)

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Guest: Ron Fein of Free Speech for People; Also: Russian atrocities; SCOTUS threatens fair elections; 'Help Fight Fascism! Work from Home!'...
By Brad Friedman on 3/9/2022 7:01pm PT  

The news out of Ukraine continues to be grim, but there are a few bright spots here at home on today's BradCast, a way that you can help fight fascism without leaving home, and a renewed challenge to an alleged insurrectionist Congressman's eligibility to run for re-election. [Audio link to full show is posted at the end of this summary.]

FIRST UP, Vladimir Putin is now unleashing outright atrocities and unspeakable war crimes against the civilian population of Ukraine. On Wednesday, for example, Russian troops bombed a maternity hospital in Mariupol as nearly half a million residents in the southern Ukrainian city have been cut off from food, water, medicine and power for days. It could all still get much worse. In several ways. One of them is that the crippled Chernobyl nuclear plant in Ukraine, now in the control of the Russians, has now been cut off from the power grid. Diesel generators are hoped capable of keeping the cooling system for the plant's 20,000 spent fuel rods from melting down entirely...as long as generators can be refueled and kept running.

Yesterday, we discussed a bit how working at home --- as many of us did during the pandemic lockdowns --- can help the war effort against Russia in several ways, if only by tamping down surging oil prices. A new poll from Rupert Murdoch's Wall Street Journal finds a huge majority of Americans, 79%, favor cutting off Russian oil imports, even if it further increases the cost of gas at the pump.

Today, we double down on our call: HELP FIGHT FASCISM! WORK FROM HOME! (For now. If you can. It really could make a difference in several ways!) One of our listeners has some additional thoughts, via email, which we share today along similar lines.

NEXT UP, some good news for Democrats --- and those who support representative democracy --- from the U.S. Supreme Court this week. But that good news on U.S. House redistricting in two critical swing states also served to overshadow some potentially ominous news from the GOP's stolen and packed Court. The good news was that the Justices turned away two Republican challenges to new U.S. House maps selected by two state Supreme Courts in Pennsylvania and North Carolina. Each is likely to benefit Democrats this November. The disturbing, largely overshadowed news, is that the four rightwing Justices who would have preferred to have heard the challenges to the new House maps, made clear in their dissents that they are likely supportive of the bonkers "Independent State Legislature Theory".

In short, that's an old Constitutional argument that's been around for years, but has never received the support of a majority of Justices. It holds that two clauses in the U.S. Constitution delegating the "time, place and manner" of elections to state legislatures means that only state legislatures can set any election law, procedures or district map. That means that any other state officials --- Secretaries of State, state Boards of Elections, Governors through their veto pens, or even state courts --- have absolutely no authority to challenge or change any election-related provision adopted by a state legislature. Under this theory, even state Constitutional amendments adopted by a vote of the people would be deemed unconstitutional!

As noted, it's a bonkers theory. But it's one that now apparently has at least four votes in support on the Republican Party's far-right stolen majority. The dissenting Justices in the redistricting cases made quite clear: this issue will return to the Court soon, and it needs the support of just one more Justice. You have now been warned.

FINALLY, for the past two weeks or so, largely since Russia invaded Ukraine, we've been trying unsuccessfully to get back to a story we were covering closely prior to the war, as its both an important one, and there have been a number of twists and turns in it since over the past several weeks.

As we discussed early last month with John Bonifaz, Constitutional law expert and Free Speech for People (FSFP)'s co-founder and President, voters in North Carolina filed a challenge with the State Board of Elections to first-term MAGA Congressman Madison Cawthorn's eligibility to run for re-election. The challenge is based on their claim that Cawthorn violated Sec. 3 of the 14th Amendment which bars anyone from running for federal office who has taken an oath to defend the Constitution, but subsequently "engaged in insurrection or rebellion" against it. The Civil War-era amendment was initially meant to prevent Confederates from running for federal office. Now it is being used to challenge Cawthorn's eligibility to run and, if successful, others as well, including Donald Trump himself if he becomes a candidate in 2024.

Cawthorn spoke at Trump's rally on January 6th, 2021, just days after being sworn in. He is also said to have been among some of the elected officials who may have helped organize the deadly assault on the Capitol that day, meant to prevent the ratification of Joe Biden's Electoral College victory.

There have been a number of twists and turns in this story in recent weeks. Rather than defend himself before the State Board, Cawthorn filed a federal lawsuit to block the challenge entirely, absurdly claiming the Board had no right to determine anyone's eligibility to run for office. Both the State Board and the state's Attorney General filed motions rejecting that argument.

As the case worked it's way through federal district court, the State Board of Elections paused the challenge, as the state's U.S. House map was being contested in state court as well. Once the state Supreme Court selected the maps to be used in the 2022 mid-terms, Cawthorn's district had changed. The voters who initially filed the challenge to his eligibility, with the help of the non-partisan, government accountability group, FSFP, were no longer residents of Cawthorn's new district. But FSFP found new voters in Cawthorn's new district to refile the challenge.

And then, last Friday, in a gobsmacking ruling from the bench, the Trump-appointed federal judge overseeing Cawthorn's lawsuit to block the state challenge ruled in his favor. Judge Richard E. Meyers II declared that a law adopted by Congress in the years after the Civil War, the Amnesty Act of 1872, somehow forgave not only Confederate soldiers, but also any insurrectionists against the United States at any time in the future. The judge's ruling essentially holds that an act of Congress 150 years ago --- without ratification by any states --- nullifies an actual Constitutional Amendment for all time.

Yes, as FSFP's Legal Director RON FEIN, who joins us today explains, the ruling is largely as absurd as it sounds. Fein explains why, and what FSFP plans to do about it, including their emergency appeal to Judge Meyers ruling, filed in federal court today...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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