Gaining ground on L.A. Fires as recovery road begins; Trump Energy nom wants more energy production; PLUS: In farewell, Biden urges Americans to hold the line on climate action...
Extreme wildfire crisis now most destructive in L.A. history; 'GNR' forced to evacuate; Climate change intensifying extreme fires; PLUS: Biden designates two new nat'l monuments...
New year, new punishing extreme weather; 2024 was hottest year in human history; Biden bans new offshore drilling; PLUS: Jimmy Carter, one of the greatest conservation Presidents...
Congress certifies felon Trump's election without incident, future Prez to be sentenced Friday; Also: Vegas attacker a Trump fan; Carter's climate legacy; Callers ring in...
ALSO IN THIS SUPER-SIZED NEW YEAR EDITION: Tech Bros v. MAGA ... RIP: Jimmy Carter ... and some disturbing Tooning News, in our first collection of 2025!
THIS WEEK: Lots of Santa ... Lots of Naughty ... (And a Little of Bit Nice) ... Hark! The tooning angels sing! Glory to this year's collection of the best Hanuchristmaka toons!...
Biden EPA grants CA waiver to phase out all-gasoline cars; Microplastics linked to cancer; PLUS: GOP plan to expand natural gass exports would drive up U.S. prices...
On today's BradCast: Trying to make sense of the Senate Democrats' decision on Monday to vote in favor of re-opening the federal government, following Friday's vote that resulted in a short shutdown over the weekend. Callers ring in on that today, the Women's March over the weekend, and a number of other late breaking news items. [Audio link to show follows below.]
Democrats in the U.S. Senate appear to have folded in their demand that Republicans protect 800,000 "Dreamers" in a short-term spending bill. In the bargain, they voted to re-open the federal Government on Monday, after a nearly identical bill was blocked from passage on Friday, resulting in a two-day shutdown of the federal government. The difference between Monday's vote and Friday's? A three week Continuing Resolution to fund the government, instead of a four week extension, and a promise (of sorts) from Senate Majority Leader Mitch McConnell to allow a vote on a measure to protect those 800,000 children of immigrants brought here years ago through no fault of their own, but who are now facing deportation beginning on March 5, following Donald Trump ending the Obama-era Deferred Action for Childhood Arrivals (DACA) program.
On today's show we discuss the politics around all of this, whether Democrats were right to give in for now, despite polls suggesting the public by and large blamed Republicans for the standoff, the angry progressives and immigration advocates who are furious about it, and whether there's a chance in hell that Republicans will allow a real fix to DACA without being forced to do so through a full and extended government shutdown.
We take calls from listeners today on all of that, on the huge and absurdly under-covered Women's Marches held over the weekend in hundreds of cities, where anywhere from 1.3 to 2.1 million turned out --- not that you would know it from the lack of media coverage.
Also on today's show: A natural gas rig explodes in Oklahoma and Pennsylvania's Supreme Court orders the Republican-controlled state legislature to redraw gerrymandered U.S. House maps in time for the 2018 primaries which begin in weeks in the Keystone State. The PA ruling follows similar ones by courts in Wisconsin, Texas, North Carolina, Florida and elsewhere, finding Republicans unconstitutionally discriminated against non-Republican voters in U.S. House and state legislative maps drawn after the 2010 census. Most of the rulings in those states, to date, have been delayed by the Republican's stolen U.S. Supreme Court, likely allowing the worst of the gerrymandering to continue into the crucial 2018 mid-term elections...
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On today's BradCast, we're still fighting for the right to vote and to have that vote counted, 60 years after MLK's "Give Us the Ballot" speech, 50 years after the passage of the hard-won Voting Rights Act, 4 years after the U.S. Supreme Court gutted it, and one day after what my guest today describes as a "really wicked decision" by the Court on Thursday to set aside a landmark ruling on gerrymandering that was meant to finally correct a grave injustice to voters in 2018. [Audio link to full show follows below.]
With Republicans in the U.S. House, on Thursday, having passed a short-term stopgap spending bill to keep the U.S. Government from shutting down beginning on Friday night at midnight, Republicans in the U.S. Senate are still racing to figure out how to overcome a filibuster of the same bill. The measure includes support for kids that rely on the currently-expired Children's Healthcare Insurance Program (CHIP), but leaves some 800,000 kids of immigrants who came here with their parents still facing deportation as early as March, after Trump ended Obama's Deferred Action for Childhood Arrivals (DACA) program. So, once again, rather than simply including a fix to DACA, Republicans are using children as human shields to try and force Democrats to vote with them for a short-term bill to avoid a shutdown of the federal government. It would be the first such shutdown in U.S. history while the House, Senate and White House are all controlled by the same party.
Sick of this sort of BS? If so, you can theoretically do something about it this year at the ballot box. But the GOP's stolen U.S. Supreme Court isn't making it easy. On Thursday, SCOTUS stayed a landmark ruling by a lower federal court panel that had ordered North Carolina to immediately redraw the state's U.S. House district maps, since the Republican majority legislature admitted that they, unconstitutionally, drew them to ensure a Republican advantage. Though it's largely a 50/50 state, NC Republicans hold 10 seats in the U.S. House to the Democrats' 3.
That's just one of the ways that Republicans hope to keep cheating voters this year in order to hang on to power as the mid-terms approach. Another way was through Trump's discredited and now disbanded "Presidential Advisory Commission on Election Integrity", run by the GOP "voter fraud" fraudster and Kansas Sec. of State Kris Kobach. He had hoped to use the Commission to make it harder (for certain people) to vote, but he faced yet another embarrassment in court this week. When Kobach's Commission was originally shut down a week or two ago, there was a cry from voting rights advocates for a national committee to study and call out the real scourge of American democracy: voter suppression.
That call may have been answered this week with the formation of the non-partisan National Commission for Voter Justice, co-chaired by my guest today, BARBARA ARNWINE, former longtime Executive Director of the Lawyer's Committee for Civil Rights Under Law and now President and Founder of the Transformative Justice Coalition. Arnwine explains the new Commission's mission, responds to the "wicked" SCOTUS ruling on NC maps and other recent voting rights issues, and details many of the threats to democracy that must be overcome in 2018, more than sixty years after, as she and John Nichols note at The Nation this week, Martin Luther King, Jr. delivered his landmark "Give Us the Ballot" address on the steps of the Lincoln Memorial in 1957.
"We gotta remember, we are looking at the Roberts Court. This is a man who made his life ambition the evisceration and the weakening of the Voting Rights Act. In fact, if he had had his way, there wouldn't be a Voting Rights Act, as he wrote many, many years ago," Arnwine says in response to the SCOTUS stay on the NC redistricting ruling and a similar one in Texas. "They are fine with these kinds of schemes --- gerrymandering and other devices and tactics that deny people the right to vote --- because they believe in their hearts that the result is fair, it's a result that they want, and it's a result that puts people into power that they favor. And that's wrong."
"We believe that democracy should be for every single voter. That's why we created the National Commission for Voter Justice, because every voter should have the right to be able to vote and to have their vote counted," the animated Arnwine explains. "Democracy should always be about a competition of ideas, a competition of the best candidates, and then the people make their choices. Politicians should never pick who their constituents are. The constituents should pick the politicians. We are in a reverse democracy right now."
It has, sadly, been that way for a while. I recalled today, while prepping for the show, that Arnwine and I were on a National Public Radio show back in 2008, facing off against the notorious GOP "voter fraud" fraudster Hans von Spakovsky, who, I suspect, was very used to getting away with his lies before that show. I also recall Arnwine's testimony to the Baker/Carter Commission on Voting Rights which was a panel created by Republican Party vote suppressors in 2005 to push for Photo ID voting restrictions. In comparison to the Trump/Kobach Commission, however, that panel was blue ribbon! The fight for democracy is never ending, it seems.
"Democracy is never permanent. It requires vigilance. It requires engagement. It requires organizations to monitor, to advocate for it," Arnwine tells me. "But it shouldn't be as bad as it is in the United States. That's the problem. The problem is that even with the fact that you've got to constantly seek it, it shouldn't be this bad. We should not have millions upon millions of voters finding themselves blocked from the polling booth. We shouldn't have three-hour lines. We shouldn't have machinery that everybody knows is worthless."
"But that's why the National Commission for Voter Justice is going to be coming to every area where we can," she says. "We're going to have over 20 hearings around the country, so that we can hear directly from voters what they are encountering, what their experiences are and, more importantly, what some of the solutions are, helping people to advocate for those changes."
Don't miss the full conversation today! It should get you pretty fired up for 2018, if you need any help.
And, finally, speaking of what Republicans are willing to do to get and hang on to power, a disturbing comparison of the dates set for U.S. House Special Elections to fill the seats of two different Congress members who both resigned during the same week last year (there will be a special election to fill the GOP seat in May, but the Dem seat will remain vacant until November), and the four --- count 'em, four --- convicted Republican criminals who have declared their intention to run for seats in the U.S. House and Senate in 2018...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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On today's BradCast, we do our best to try and make some sense of the utter chaos, havoc and non-stop breaking news plaguing the nation over the past 24 hours. Wish us luck! [Audio link to show follows below.]
Among the stories covered on today's extremely busy program...
Late updates on the devastating mud-flows that have, so far, resulted in the deaths of 17 in Southern California's Santa Barbara County, just north of Los Angeles, following a massive rainfall this week in the area just burned by the largest fire in state history;
A federal judge has temporarily blocked Donald Trump's attempt to lift the DACA program, which has protected some 800,000 children of immigrants who came here with their parents through no fault of their own;
Just days after announcing their intention to open 90% of U.S. coastline to off-shore drilling, Trump's Dept. of Interior chief Ryan Zinke reverses course, but only for the state of Florida, in what appears to be a political (and unlawful) favor to Florida's Governor Rick Scott, who Trump is supporting in a run for the U.S. Senate;
In election and voting news today...
Just minutes before Virginia's House of Delegates convened its new legislative session today, Democrat Shelly Simonds conceded her 94th District race against Republican David Yancey without seeking the second "recount" she is entitled to by state law. The first "recount" resulted in a declared "tie" vote and a random drawing, following a very questionable ballot [JPG] counted for the Republican after the initial "recount" had handed the victory to Simonds by a single vote. (She could still ask for a recount as late as the 17th, if she and the Democratic Party wise up and changes their minds. Republicans absolutely would have demanded such a count had the random drawing gone the other way. They would also have prevented her from being seated until that count was completed. Moreover, I share some disturbing comments from a conversation about all of this with the Voter Registrar who oversaw the election in Newport News, VA.)
In the 28th District race for Virginia's House, an appeals court denied the Democrats emergency motion for a new election today, after the Republican was declared the winner by 73 votes even though 147 voters were given the wrong ballot on Election Day last November. (With both of those Dems out, the GOP majority in the VA House has shrunk from 66-34 last session, to just 51-49 as of today, despite Democrats winning 55% of the vote statewide in the Republican gerrymandered state);
In North Carolina, a federal court panel issued a landmark and blistering ruling on Tuesday night, finding state Republicans had blatantly gerrymandered the swing-state's U.S. House Districts on a partisan bases to ensure a 10 to 3 majority for themselves, in what the panel found to be a violation of the Constitution's Equal Protection Clause. The court ordered new Congressional maps to be drawn up immediately, in the next two weeks, in time for the 2018 primaries. But Republicans vow to appeal the ruling to the U.S. Supreme Court, which is currently deciding a separate but very similar case on partisan gerrymandering of state legislative districts by Wisconsin Republicans.
And today, a divided (and stolen by the GOP) U.S. Supreme Court heard oral argument in a case challenging Ohio Secretary of State John Husted's scheme to purge voter rolls after voters have gone just two years without voting in a federal election, in what Democrats and voting rights advocates argue is a violation of the National Voter Registration Act (NVRA).
Finally today...
Trump's Energy Secretary and former Texas Governor Rick Perry sees his scheme to extend the life of coal and nuclear plants under the false guise of "grid resiliency" go up in smoke after all of the appointees on the Federal Energy Regulatory Commission (FERC), most of whom were appointed by Trump, unanimously reject the plan, which was seen as a payoff to a coal baron benefactor of both Perry and Trump. A former Trump Campaign official, however, sees a far more insidious (and laughable) conspiracy.
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On today's BradCast: Enough with the so-called "forgotten Trump voters"! What of the forgotten Democrats and progressives who far outnumber them? Where are all of those profiles in the MSM? We pick up that ball a bit today. [Audio link to show follows below.]
But first, just some of the news breaking today: North and South Korea are now talking again, and have struck an agreement that will result in North Korea participating in the winter Olympic Games that begin next month in South Korea. They also appear to be planning for talks in the near future on the militarization of the North/South border and other related matters, even as the Trump Administration continues to send very mixed signals about negotiations that might include the U.S.
Meanwhile, back here at home, the far right-wing "news" site Breitbart has fired its far right-wing Executive Chairman Steve Bannon following comments he made about Trump's son Don Jr. in Michael Wolff's Fire and Fury book. Bannon was previously fired by the White House as Trump's top political strategist. And, speaking of the GOP's continuing internecine Trump Era War, the disgraced, far right-wing 85-year old Joe Arpaio, controversial former Maricopa County, AZ Sheriff found guilty of contempt of court last year before being pardoned by Trump shortly thereafter, says he will run for the GOP nomination for U.S. Senate this year, in a bid to replace outgoing Republican Sen. Jeff Flake.
Then, amidst seemingly endless sympathetic corporate media profiles of supposedly "forgotten" Trump voters in rural America, what of the majority of American voters who didn't vote for Trump, even in so-called "Trump Country"? We're joined today by sustainable family farmer JOHN GILBERT [pictured above] of Gibralter Farms, who, with his wife and extended family, has been farming and ranching on land maintained by his family since the 1890s.
Gilbert was briefly mentioned in a Washingont Post profile at year's end of another nearby farmer in Hardin County, Iowa --- part of the paper's long series of stories so-called on "THE FORGOTTEN: The issues at the heart of Trump's America" --- who remains an ardent and seemingly confused Trump supporter, angry with the way she believes the Obama Administration and its Environmental Protection Agency were enforcing too many rules that made her work difficult or costly. While Trump has begun to reverse many of those Obama Era regulations, such as the controversial Waters of the United States (WOTUS) rule, Gilbert believes we need more, not fewer regulations to remain good stewards of the land, so that "humanity stays alive".
He says the "big lie" about WOTUS was that, in fact, "most farming activity was exempted. I think it's also clear that that was an issue that was ginned up almost entirely by the Farm Bureau as a way to scare farmers, and I think farmers were duped into opposing that."
The 68-year old Gilbert explains how many of his fellow farmers, in Iowa and elsewhere, have been misled by the American Farm Bureau --- a lobbying group which he says largely represent the interests of "Big Ag" --- about both that and the so-called "death tax", while the Republican party and its media outlets have been helping to spread the group's disinformation for many years. "Politicians and Republicans have called it the 'death tax' for a long time," he tells me, "and always say 'Oh, it's hard on farmers.' Well, there's almost never been a farmer who has ever been affected enough by it that they had to do like they claim and sell the farm. These are all just manufactured fear tactics."
"The whole issue of sustainability stems from a basic acceptance of the fact that there is not enough in this world for everybody to have all they want, whether it's enough water, enough food, enough energy, enough power, enough room. There's not enough. That means that we have to share, I guess, for lack of a better word," he tells me. "The one thing that has kept humanity above the animals over all these years is the ability to control our greed...And if you don't control greed, then you use up too many resources today and don't have any left for the future."
"Agriculture, in itself, is strictly the process by which humanity stays a live," he tells me. "We in agriculture do a lot of things, but basically we're trying to keep humanity alive. The question that we don't know is how long 'forever' is. And if we're going to keep humanity alive essentially forever, we have to make sure that we have the resources available to our descendants thousands of years from now --- to continue to support humanity. When you put those two things together, you end up with a system of farming that is much more aligned with natural systems. You tend to use principles of nature rather than the test tube or the chemical companies, or the big expert input suppliers who tend to be more interested in making money off of what you do than you making money."
There is much more in our conversation today than I can adequately cover here, so I'd encourage you to tune in for my full discussion with Gilbert, from the heartland of the first-in-the-nation caucus state. He's great.
Finally, Desi Doyen joins us for our latest Green News Report', before several late breaking news items, including a late day landmark Appeals Court ruling striking down North Carolina's Congressional maps due to partisan gerrymandering, and the tragic news out of Southern California that at least 13 have died, so far, in mud slides amid remarkable overnight rainfall in areas recently burned by the recent record Thomas Fire in Ventura and Santa Barbara Counties north of Los Angeles, the largest fire in state history...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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On today's BradCast: The bloodbath for Republicans in Tuesday's off-year elections and a great idea for how Democratic states can take action against real bloodbaths immediately by helping victims of gun violence with a tax against the industry that works around both the 2nd Amendment and federal immunity from lawsuits granted by Congress. [Audio link to show follows below.]
One year to the day after Donald Trump was named the winner of the Presidency in 2016 (while losing the national vote by 3 million), we review what appears to be the remarkable 'blue tidal wave' that swept across much of the country in Tuesday's contests in about one-third of the states. From big races to small, from high office to city councils and boards of education, voters turned out in impressive numbers and Democratic candidates reportedly performed very well in the bargain wherever they ran.
Democratic candidate Ralph Northam walloped the Trump-supported GOP candidate Ed Gillespie by some 9 points for Governor in Virginia, a clear rebuke to both the President and the racially-based scare campaign both he and Gillespie ran on. Democrats also won for Lt. Governor (only the second African-American to win statewide since the Civil War) and for Attorney General. In perhaps the biggest surprise in the state, voters also turned out at least 15 Republicans from the state's House of Delegates which, depending on some challenges and "recounts", may result in a stunning Democratic takeover of the state's lower chamber that had a 66 to 34 GOP majority before last night. (VA also moved from 100% unverifiable touch-screen voting systems to optically-scanned hand-marked paper ballots this year. So, at least there will be something to count in "recounts" there this year.) Minorities of all sorts --- including the first openly transgender candidate who replaced a homophobic hard right incumbent --- won in the VA House, where Dems out-voted the GOP by more than 200,000 votes. Nonetheless, thanks to Republican gerrymandering, they may still end up in a slim minority there.
Dems also took over the gubernatorial mansion in NJ from the wildly unpopular Chris Christie and won re-election for mayor in NYC by a landslide. African-American candidates won mayoral victories for the first time in cities from North Carolina to South Carolina to Georgia to Montana to Minnesota. Topeka, KS picked up its first Hispanic mayor and Hoboken, NJ now has its first Sikh mayor. And, in Maine, voters overwhelmingly approved the expansion of Medicaid under the Affordable Care Act, which will result in health care for some 80,000 Mainers if the dumbest Governor in the nation, Paul LePage, stops blocking it. (It is also likely to inspire similar ballot initiatives in 2018 in other states where Republicans are denying federally-funded health care to their own residents.) It also appears that the last Republican-controlled legislature on the West Coast, the Washington state Senate, has fallen to Democratic-control, creating a "Blue Wall" of states in the West from Canada to Mexico. So it was a good day for Dems, and seemingly a very troubling omen for Trump and the GOP in 2018.
Meanwhile, it's been just days since 26 were massacred and 20 others shot by a man with a semi-automatic rifle in Sutherland Springs, TX. But Republicans have already made clear they intend to take no legislative action in response. Our guest today, however, legal reporter MARK JOSEPH STERNof Slate, has a fantastic idea that Democratic-controlled states could implement almost immediately. It's one that works around the NRA's 2nd Amendment challenges, as well as the outrageous federal "Protection of Lawful Commerce in Arms Act" (PLCAA) of 2005, which largely granted total immunity to gun manufacturers and dealers from lawsuits filed by victims.
"PLCAA is an entirely unique law. There is literally nothing else like it in the federal code," Sterns explains. "This law literally erased hundreds of years of laws and statutes, and jury verdicts, and forced all states to comply with this federal statute that basically prevents anybody from successfully suing a gun manufacturer or a gun seller, and gives them complete immunity to be as negligent as they want."
Stern's idea, as he explains, would result in help for victims of gun violence (more than 300 per day across the country) and their families, who often face bankruptcy after such incidents, as gun violence costs some $2.8 billion each year in health care costs alone. The measure would also force the gun industry to finally pay up for at least a small part of the unspeakable damage, pain, suffering and injury that they help to inflict every day on Americans.
State's "need to propose a special tax on the income of gun manufacturers and gun sellers that is high without being exorbitant. Tax their profits at every stage. They make a huge amount of money, so this would not burden them. This would not shutter manufacturers. But it would force them to pay a lot more, millions more, every year in taxes. What the legislature needs to do is take this extra revenue and place it in a fund that is explicitly designated to be paid out to victims of gun violence. When people are shot, and it is not at all their fault, they should be able to draw money from this fund to pay for their medical expenses and other care. There should be no cap, no limit on it. And no one would be able to raise a Constitutional objection. This is perfectly compliant with the Second Amendment and PLCAA."
Listen to today's show and please see Stern's excellent piece at Slate this week as well. Then get your state legislators busy! Many already have similar funds for victims of all sorts, like those harmed by the vaccine industry. This, Stern argues, should be a no-brainer for states like California and, perhaps now, even Virginia.
Finally, we close today with a few comments from Stephen Colbert that help bring all of the topics discussed on today's show together and into stark perspective...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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On today's BradCast: Climate mayhem unleashed in the Atlantic; Legal push-back against Trump's latest anti-immigrant policy; and much more. [Audio link to full show follows below.]
On the heels of Hurricane Harvey, Hurricane Irma, one of the most ferocious Category 5 storms ever tracked in the Atlantic, is wreakingcatastrophicdevastation to Caribbean island nations as it remains on target to slam south Florida (including Trump's Mar-a-Lago) over the weekend, before creating a "buzz saw" up Florida's East Coast and into Georgia and the Carolinas. All signs suggest this is going to be exceedingly bad for the continental U.S. as well, particularly where developers successfully lobbied to ensure new construction along coastal Florida only needed to be able to withstand Category 3 hurricanes. Desi Doyen joins us for details on the reported damage and what officials and experts fear is still to come.
Then, we're joined by MAYRA JOACHIN, staff attorney at the National Immigration Law Center, to discuss the lawsuits filed by her organization and 15 state Attorneys General against Donald Trump's reversal of Barack Obama's Deferred Action for Childhood Arrivals (DACA) program. Joachin details the lawsuits' allegations that the Trump Administration is in violation of federal law for overturning, without a compelling governmental reason, the previous Administration's program that protected nearly one million children of undocumented immigrants from deportation.
"The Administrative Procedure Act prohibits any reversals of longstanding policies on which individuals have relied. DACA is a program that almost 800,000 individuals have benefited from. This program has enabled them to secure a job, to advance their educational goals, to obtain access to items such as a home, or to purchase a car, that they wouldn't have been able to attain without the DACA program," she explains. "This program has been in existence for now five years, and it was in place for about seven months since the Trump Administration took office. And throughout this time frame, individuals have constantly relied on a promise that they would be able to obtain temporary deferred action because of the DACA program. And the reversal of this policy without any adequate reason for doing so is a violation of federal law."
An immigrant herself from Central America, Joachin also speaks to how the new Trump policy has shaken the immigrant community. "There's fear. Fear in the fact that these individuals who will start phasing out of the DACA program can be picked up by immigration agencies and placed into removal procedures," she tells me. "These are individuals --- many of them for decades in the United States and who call the United States their home --- there's a fear as to what can happen to their relatives. Fear as to what will happen to their employment opportunities --- will they be able to secure a job? --- even though many of these individuals have worked hard for years, they've pursued advanced educational degrees, and are now facing the reality that, as of March 6th, many of them will no longer be able to be employed under federal regulations."
Joachin, whose work at NILC focuses on health insurance coverage for immigrants, also discusses how, even though federal law has not (yet) changed regarding the Affordable Care Act (ObamaCare), many in immigrant community are now afraid to exercise their rights when it comes to health care coverage, given the Trump Administration's anti-immigrant rhetoric. But, she also says she sees "a small glimmer of hope". You'll have to tune in to find out why.
Among the other stories also covered on today's very busy show: Right behind Irma is Hurricane Jose, now a Category 3 storm, and taking a similar same path toward some of the same Caribbean islands just ravaged by Irma; The U.S. West is being ravaged by heat and wildfires; Post-Harvey Houston is being ravaged by massive benzene releases by fossil fuel companies; A lawsuit has been filed against Texas by first responders after the state withheld information on dangerous chemicals stored at a facility that blew up during Harvey's worst flooding; And, as if all of that is not enough, breaking news at the end of today's show on the social security numbers and other personal information of some 143 million Americans (about half the country!) reportedly breached and stolen from the credit monitoring firm Equifax....
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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On today's BradCast: a hodge-podge of mid-Summer news and D.C. dysfunction with listener calls to help make it all better somehow. [Audio link to show follows below.]
Among the stories covered on today's very busy show:
A recently discovered Department of Justice announcement signals political appointees at Trump's DoJ civil rights unit plans to target affirmative action measures at colleges and universities on behalf of white Americans;
A federal judge rules Alabama does not have to notify thousands of former felons that their right to vote has been restored;
In addition to every single voting machine being hacked at last weekend's DefCon hackers conference in Las Vegas, electronic pollbook systems were also hacked there, and one contained the personal records of some 650,000 Tennessee voters.
A long-serving, top EPA official resigns citing Trump Administration rollbacks to environmental protection in a blistering exit letter [PDF].
Then we open up the phone lines to callers on any and all of the above (and more), before Desi Doyen joins us finally for the latest similarly-busy Green News Report on South Carolina canceling plans for new nuclear plants, new studies predicting big trouble for humanity (especially those who live near the coast) and much much more...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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IN TODAY'S RADIO REPORT: South Carolina nuclear plants cancelled; North Carolina's Outer Banks are out of power; Humanity on track to blow past 2 degrees Celsius of global warming; Some coastal towns will see 'effective inundation' within twenty years; TransCanada suggests it may not build Keystone XL after all; PLUS: Blowback as Trump threatens to protect Alaska's environment, or else... All that and more in today's Green News Report!
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): Court orders Trump’s EPA to enforce methane rule for oil and gas drillers; Google's Alphabet researching salt batteries; 60,000 Indian farmer suicides linked to climate change; Koch front group uses misleading ads to attack electric vehicles; VW settlement will expand electric vehicle highway across CA; Big Oil warns Texas over 'bathroom bill'; Meat industry blamed for largest-ever 'dead zone' in Gulf of Mexico; 12 years later, feds start investigating leaking offshore oil platform in Gulf; How Congress is cementing Trump's anti-climate orders into law... PLUS: We are in danger of loving our national parks to death... and much, MUCH more! ...
In his April 1963 Letter from a Birmingham Jail, Dr. Martin Luther King, Jr., lamented: "Justice too long delayed is justice denied". No case underscores the civil rights icon's assertion better than the years long fight by North Carolina Republicans to keep unlawfully gerrymandered state and Congressional district maps in place, long after they've been repeatedly found by courts to be in violation of the law and the Constitution.
The tortured history of Covington v. North Carolina --- a "successful" challenge to the illegal racial gerrymandering of 28 of North Carolina's state House and Senate Districts --- exposes the injustice occasioned by Republican tactical delays. It is a strategy that, thanks to those racial gerrymanders, permitted Tar Heel State Republicans to retain overwhelming majorities in the legislature following last November's General Election –- 34-16 in the state Senate and 74-45 in the House --- even though, in the very same statewide election Democrats Roy Cooper and Joshua Stein were respectively elected governor and attorney general.
But a recent ruling by the U.S. Supreme Court should finally result in new maps, and Special Elections under them, in the Tar Heel State, where the maps have been in place for elections since 2012. Recent legal precedent and a political realignment are on the side of those seeking to force the state to finally carry out those new elections in 2017, rather than waiting for the 2018 mid-terms...
On today's BradCast, the release of a leaked NSA analysis of alleged cyberattacks on voter registration systems and attempted intrusions into the computers of local elections officials just before last year's Presidential election underscore, once again, just about every warning regarding U.S. electronic voting, computer tabulation and voter registration systems that we've been yelling about for some 15 years on both The BradCast and at The BRAD BLOG. [Audio link to full show follows below.]
Today, we break down the specific details found in the leaked NSA documents published by The Intercept on Monday, how they highlight a much broader problem with the U.S. electoral system, and what the answer, at long last, must ultimately be in response to concerns about manipulated election results, no matter who the alleged or attempted culprit. (In this case, the U.S. intelligence services blame Russian military intelligence, which they deny. Either way, as detailed on today's show, it doesn't actually matter!)
On a not-at-all unrelated note, we are then joined by Marilyn Marks of the Rocky Mountain Foundation to discuss her lawsuit, filed with members of Georgians for Verified Voting, demanding hand-counted paper ballots for all voters in the upcoming, highly contested U.S. House Special Election runoff in Georgia's 6th Congressional District between Democrat Jon Ossoff and Republican Karen Handel.
Marks, a former Republican mayoral candidate turned long-time Election Integrity expert, details some of the many concerns spelled out in her suit (Complaint here [PDF], TRO Motion here [PDF]) regarding the state of GA's 100% unverifiable Diebold touch-screen voting systems, and the known cyberhacks, e-pollbook thefts and computer tabulator failures that have alreadyplagued the most expensive U.S. House race in history, where early voting is already underway in advance of the bellwether June 20 contest.
"There were so many things that have happened since March 1st," Marks explains, describing many of the problems that have already undermined this election. "As you've pointed out, these systems --- when you say they are 'unverifiable', what people need to understand by that, of course, is that there is no way to assure that the voter's intent is recorded. We know what the machines want to report. But there is no way to know what the voter intended to vote. We do know that with the evidence of a paper ballot. So, that is what we are telling the court, that this system has gone through so many problems. It was unverifiable to begin with. And now we have seen the instances of several problems, just in the last 60 days, that tell us there is no way that the Sec. of State and the county election officials should assume that the system is safe to vote on. They must presume the system is unsafe."
The plaintiffs request, she says, "is a simple one. And that is: let voters vote on paper ballots."
"The only practical answer is to go to paper ballots [and] hand count them," Marks tells me. "It would be very easy to do. We've had a professional estimate how long it would take --- less than an hour per precinct. It would actually be faster, cheaper, more efficient and far more transparent to vote on paper ballots in this simple election than it is to use the machines." Indeed, with just one contest on most of the ballots in this Special Election, hand-counting would amount to little more than separating ballots into two stacks, one for each candidate, and then counting each stack. It is what we have long described as "Democracy's Gold Standard."
Marks goes on to cite the concerns illustrated, once again, by yesterday's leaked NSA documents and argues: "You talk to any computer scientist, regardless of what party they are, you talk to any voting systems expert, I don't think you'll find a single expert, a single computer scientist who would say these machines even approach the point of being safe to vote on. And it has nothing to do with their politics."
"We must have transparent elections where the public can oversee the counting of the ballots. And in Georgia, there is no oversight. No one --- not the election official, not the public, not the campaign, not the candidate --- no one can figure out whether or not the ballots are counted right."
But does her lawsuit have a chance this late in the game, with early voting already under way? Tune in for her response to that and much more, including her thoughts on how GA's Sec. of State Brian Kemp, also a Republican, has responded so far to both Marks' complaint, and an earlier request, prior to the GA-06 primary, from dozens of the world's top computer security and electronic voting systems experts.
Yes, elections still matter. But, as computer security expert Bruce Schneier told The Intercept yesterday: "To the extent the elections are vulnerable to hacking, we risk the legitimacy of the voting process, even if there is no actual hacking at the time. It's not just that it has to be fair, it has to be demonstrably fair, so that the loser says, 'Yep, I lost fair and square.' If you can't do that, you're screwed."
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On today's BradCast, Trump is back from his "incredible, historic" overseas trip, where everything was wildly successful, according to the White House. Longtime U.S. allies, however, do not appear to agree. Also, both he and fellow Republicans are facing a number of setbacks in court on both immigration and election-related matters. [Audio link to show posted below.]
The President returned from his 9-day overseas trip over the weekend amid still-growing investigations into Team Trump's secretive dealings with Russia and after, apparently, ticking off a number of very close U.S. allies. German Chancellor Angela Merkel, in particular, appeared disturbed about several issues, including Trump's failure to commit to keeping the US in the landmark UN Paris Climate agreement. Also, both before and during the trip, Trump managed to repeatedly lie about NATO members' commitments to the alliance. We've got some much-needed fact checking on that.
In the meantime, over the past week, there have been a number of landmark court rulings, both at the Appellate Court level (regarding Trump's second attempt at an Executive Order banning travel from six Muslim-majority nations and indefinitely barring refugees from war-torn Syria) and at the U.S. Supreme Court in two separate election-related cases (one on campaign finance and one on partisan and racial gerrymandering that could have far-reaching consequences.) Both cases also reveal interesting --- and somewhat surprising --- positions from Justice Clarence Thomas and the stolen Supreme Court's newest Justice Neal Gorsuch.
Legal journalist Mark Joseph Sternof Slate.com joins us to unpack all of those encouraging rulings, to explain why each is important, and to discuss what happens moving forward in all of them. He also offers a much-needed reminder of how the Trump Administration is still working below the mainstream media radar to deport thousands of undocumented immigrants --- on the thinnest of grounds, such as a traffic ticket --- despite many of them having lived in the U.S. since childhood or otherwise having children and family here. Those disturbing deportations continue, even as so many in the media (including us!) get too easily distracted by, as Stern notes, "Trump's latest tweets".
As to the election-related cases at SCOTUS, one of them, upholding campaign finance restrictions on the amount that individuals are allowed to donate to candidates and parties, may reveal what many have argued about Gorsuch --- whose seat was stolen for him by Senate Majority Leader Mitch McConnell and the rest of the Senate Republicans. Namely, that he is at least as far to the Right as Clarence Thomas, and perhaps even more so.
The other finding by the Supremes last week, agreeing with a lower court ruling that two North Carolina Congressional Districts were unlawfully drawn on a racial basis, is likely to have far reaching consequences as applied to a number of other recent, similar cases (in Texas, Virginia, Alabama, etc.) in which Republicans were found to have unconstitutionally drawn districts based on race. But, and here's where last week's ruling may set an important precedent, the majority opinion written by Justice Elena Kagan also finds that using race as a proxy for partisan gerrymandering is also in violation of the Constitution. In recent years, Republicans have argued that certain voting restrictions and gerrymandered districts were not done on a racial basis, but on a partisan one. The latter, they argue, is perfectly legal and Constitutional. Incredibly enough, that may be true --- at least for the moment --- but it was rejected in the NC case.
The state had argued that black voters were packed into just a couple of districts because they tend to vote Democratic, not because they were black. "The problem for the Court with that was that even though North Carolina purported to be using race as a mere proxy for partisanship,it was still using race," Stern explains. "And the five Justices in the majority said, 'Look, we get that you think this was just about partisanship. We get that you weren't trying to discriminate against black people. You were trying to discriminate against Democrats. But you still used race, you used black people, to accomplish your goals. And that, in itself, is a violation of the Equal Protection clause.'"
In other words, he says, the Court found: "You are no longer allowed to use the excuse that you weren't discriminating against blacks, you were discriminating against Democrats. It doesn't matter who you were trying to discriminate against --- what matters is that you used race as a proxy. That is the constitutional tripwire."
As to whether discriminating against Democrats on a partisan basis, that argument is now being tested in courts, says Stern. For now, though, it appears to have failed, at least in this North Carolina case and, in a seemingly shocking turn, didn't even win over Clarence Thomas, of all people. He joined the Court's liberal justices to give them the 5 to 3 majority in the case!...
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The new Twin Peaks (which is excellent, by the way!) may be less surreal than the latest goings on inside our current White House. On today's BradCast, the latest news on the ever unfolding investigations into Team Trump and on his overseas trip (stories Trump already managed to conflate today), along with big election-related news from the U.S. Supreme Court and a quick preview of this week's upcoming U.S. House special election in the state of Montana. [Audio link to show is posted below.]
Today, before we get to the latest in the David Lynchian tales of President Trump, two new and important election-related rulings by the U.S. Supreme Court. One, being described by UC Irvine Election professor Rick Hasen as a very "big deal" and "a major victory for voting rights plaintiffs" deals with racial and partisan gerrymandering in North Carolina, with ramifications for a number of other similar Republican gerrymanders in several states. The other is a victory for campaign finance restrictions. Both cases feature surprising alliances between Republican and Democratic-appointed Justices following last month's confirmation of Neal Gorsich to fill the vacant seat stolen by Republicans after the death of Justice Anton Scalia.
And, speaking of elections, we also preview the U.S. House Special Election set to take place in Montana this Thursday, as populist first-time candidate and popular folk singer Rob Quist barnstormed the state over the weekend with Bernie Sanders. Republican establishment candidate Greg Gianforte is said to have a small lead in pre-election polls, despite being recently caught on tape supporting the GOP health care bill while seeking money from wealthy lobbyists, even while telling voters on the stump he hadn't made up his mind about it yet. In addition to providing a bellwether for the 2018 elections, it may also serve to shake up the current, very serious divide within the Democratic Party itself, depending on how the results shake out this week. That divide has been somewhat obscured by the madness of the Trump White House, but the bitter split between Bernie and Hillary partisans is still very much creating a rift among progressives and Democrats.
Then, we're joined by the great Heather Digby Parton of Salon.com and the Hullabaloo blog to try and make sense of ALL of the latest in the increasingly surreal Trump Administration investigations, and the ongoing troubles Trump ("the clear and present danger"), his former National Security Adviser Michael Flynn ("something wrong with him"), his Vice President Mike Pence ("Involved up to his eyeballs"), and many others. In addition to all of that and whether or not it may be heading towards impeachment, Parton also shares thoughts on Trump's overlooked recently reported threat to lock up journalists (reminding us that AG Jeff Sessions is "by far the most dangerous, malevolent person in the Administration") and offers insight on a number of late-breaking stories related to all of the above, including: Flynn, reportedly, now taking the 5th to avoid self-incrimination in response to Senate Intelligence Committee subpoenas; Trump digging himself deeper in Tel Aviv during his 9-day jaunt overseas; and now he may have even have lost a few of his own supporters following his speech on Islam in Riyadh, Saudi Arabia.
If you watched the new Twin Peaks over the weekend, as I did (the first two hours all year that I haven't thought about Trump, frankly!), what's going on in this Administration is even more difficult to make sense of right now, believe it or not. So, enjoy!...
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Guest: Brennan Center's Elizabeth Goitein says Trump may have violated the law during Oval Office meeting with Russians; And then... BREAKING: Trump said to have asked Comey to shut down Flynn probe...
On today's BradCast: Coverage of the two (yes, two) most recent (yes, most recent) blockbuster reports regarding the President, as leaked out of the Oval Office. [Audio link to show follows below.]
First up today: Washington Post'sexplosive report from late yesterday detailing Donald Trump's alleged (and all but confirmed by Trump himself) sharing of highly classified information (reportedly now from Israel) during his recent meeting in the Oval Office with Russian Foreign Minister Lavrov and Ambassador Kislyiak. The White House, largely via National Security Adviser H.R. McMaster, strongly denies any wrong doing.
We're joined to discuss that and what we know and don't about it all, by Elizabeth Goitein, co-director of the Liberty and National Security Program at NYU's Brennan Center for Justice. And, unlike those who are reporting that Trump broke no laws in his alleged disclosure of sensitive information regarding ISIS, Goitein argues the case is not so clear cut.
Classification and declassification of sensitive information is spelled out by Executive Order of the President. "The existing Executive Order was written by President Obama. It is still in force unless or until Trump revokes it or replaces it," Goitein explains. "But President Obama himself would not have been bound by his own Executive Order. President Trump is not bound by that Executive Order. I think it's problematic that Presidents are not bound by their own Executive Orders. Or, I should say, it's problematic they can secretly depart from those orders. Ideally we would have a classification Executive Order that says what the President can do, even if it's just 'The President is exempt from all of these rules.'"
However, Goitein suggests that even a President could face legal exposure via the Espionage Act of 1917.
"The Executive Order is not the only law that is at play here," she tells me. "Congress has also stepped in on various occasions, to regulate the disclosure of national security information. And there are several statutes in which Congress has done that. The statute that seems most relevant here is the Espionage Act. And this is the law that President Obama infamously used to prosecute national security whistle-blowers and others who leaked information to the media, rather than actual spies and traitors, which is whom the law was designed to address. But this law, on its face, prohibits the communication of information related to the national defense --- whether that information is classified or not --- to anyone not entitled to receive it, if there's reason to believe it could be used either to harm the United States or to aid a foreign nation. So on it's face, that statute would certainly seem to apply."
I discuss that and much more with Goitein about this entire fine mess today. It's worth tuning in for that alone. But then...
Breaking hard mid-show today: The New York Times' perhaps even more explosive report detailing a memo written by then FBI Director James Comey describing his February one-on-one meeting with the President in the Oval Office, in which Comey reportedly charges that Trump requested he drop the Bureau's ongoing investigation into former National Security Adviser Michael Flynn. "I hope you can let this go," Trump said to Comey, according to the Times, in an account also vigorously denied by the White House, but which, if true, would amount to a very serious case of Obstruction of Justice by the President of the United States.
If only there was a taping system of some kind in the Oval Office so we could figure out who's telling the truth.
Finally today, after disembarking from that insane news roller coaster, if only for the moment, we finish up today with Desi Doyen and our latest Green News Report, because the planet doesn't really give a damn about either national security or politics...
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IN TODAY'S RADIO REPORT: North Carolina's request for disaster relief denied; April 2017 the second hottest April on record for the planet; US Secretary of State Tillerson signs climate change declaration; PLUS: US military warns of national security impacts of climate change --- again... All that and more in today's Green News Report!
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): Trump is America's experiment in having no government; DAPL pipeline has no spill response plan for Standing Rock; Regulatory Accountability Act is bad for science; Obama's Clean Power Plan face news battle in court; EPA unfazed by strong case against pesticide; Trump Country is flooding, and climate ideas are shifting; Mexico enlists dolphins to help save endangered tiny porpoise... PLUS: China and India set to reach climate goals early... and much, MUCH more! ...
On today's BradCast: Our friend David Robertsof Vox.com on making sense of Donald Trump's seemingly senseless decision making process --- and, somehow, learning to live with it and/or contain the damage. [Audio link to show follows below.]
But, first up today, some good news! The U.S. Supreme Court has declined to hear North Carolina Republicans' appeal of the U.S. 4th Circuit Appeals Court ruling last year striking down what many have describes as the "Mother of All Voter Suppression" laws. The appellate court had found that state Republicans included provisions in the law that were intentionally discriminatory in that they were drafted in order to "target African-Americans with almost surgical precision".
But while that law was blocked last year in NC and will now remain blocked for the foreseeable future there, a similarly discriminatory Photo ID voting restriction was allowed to be used in Wisconsin last year, where Trump is said to have won by just 22,000 votes despite some 300,000 voters in the Badger State --- disproportionately African-American, poor, elderly and students --- who do not have the type of ID now required to vote under the GOP's restriction.
Last week, we detailed a new analysis of the affect of that law on the Presidential election results in WI last year, finding that some 200,000 otherwise legal voters may have been prevented from casting their vote. Today, we detail some of the specific voters who were prevented from voting last November, because of the discriminatory law, including, as AP reports: "The Navy veteran whose out-of-state driver’s license did not suffice, or the dying woman whose license had expired, or the recent graduate whose student ID was deficient", among others.
Then, we're joined by Vox' Roberts who, late last week, published a Tweetstorm in response to Donald Trump's firing of FBI Director James Comey, in which he attempted to explain why it's so difficult, if not impossible, for journalists, politicians and the public to make sense of the President's decision making process. That is largely, Roberts detailed in his Tweetstorm and in a follow-up article at Vox and to me today, because Trump doesn't have any such process --- at least beyond what feels good at the moment he makes the decision based largely on whatever the last person he talked to told him about the issue.
Roberts' assessment, which cites psychological conditions such as Narcissistic Personality Disorder and something called "Theory of Mind", actually helps to illuminate the reasons for Trump's otherwise, seemingly, reason-free process.
"There's clearly something wrong with the dude," says Roberts. "From all indications he just doesn't have those beliefs and commitments that carry over from situation to situation. By all indications on the surface, what he's doing is: every situation is new. He gropes around for what makes him feel powerful or in charge, and then sort of lunges at that, with no thought of commitments that came before, or consequences that might come after, or how it relates to other things he's said, or other people he's committed to, or anything really!"
"I compare it to a goldfish. Every situation is new. Every day is new. And he's just this sort of bundle of impulses." But while that, Roberts explains, makes Trump so difficult to cover from a journalistic standpoint, or to understand from a political or voter's perspective, it's also what makes him exceedingly dangerous. "Imagine if there's a viral outbreak, or imagine if North Korea really tries to provoke him. Even his allies --- even the people in his administration --- have to be thinking 'Do I know what he's going to do in that situation?'"
While many try to explain Trump's decisions as some grand design, or even as an attempt to distract from one issue or another, Roberts argues it's usually far simpler (and more troubling) than that. He also speaks to what we --- journalists, politicians and citizens --- can all do now in hopes of minimizing the damage that he will be able to cause until he finally leaves office one way or another...
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