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It's Up to You, New York: 'BradCast' 3/21/24
Trump staring down barrel of both civil and criminal accountability in NY; Also: Biden forgives another $6B in student loans; U.S. seeks 'sustained ceasefire' in Gaza; Scientists baffled by spike in record global heat...
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VA GOP VOTER REG FRAUDSTER OFF HOOK
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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...

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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
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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
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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
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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: Trump reverses, cow-tows to NRA on gun reform; Luntz offers advice to Dems on how to discuss climate...
By Brad Friedman on 8/20/2019 6:20pm PT  

On today's BradCast: Our cowardly President couldn't even make it to the end of his summer vacation before flip-flopping on promised (if tepid) gun safety reforms following the two mass shooting massacres that killed 32 in El Paso and Dayton just two weeks ago. During that vacation Donald Trump reportedly met with NRA boss Wayne LaPierre who straightened him out, and Republicans in Congress decided to blame "mental illness" and "the left" are actually to blame for mass shootings, not the rightwing white supremacists, domestic terrorists or the military assault-style rifles and high-capacity magazines they use to kill --which are nearly as easy to buy in much of the country as milk and eggs at the grocery store. [Audio link to show follows below.]

In just the past week, at least five different potential mass shootings by white American male rightwingers appear to have been prevented, thanks to tips to law enforcement from the public. Among those arrested over the past week and found with huge caches of military hardware, thousands of rounds of ammo, and threats against immigrants, jews, African-Americans, trans people and Planned Parenthood among others (ya know, folks often targeted by "the left"):

Again, all of those stories broke within the past week alone. But, other than that, sure, "the left" is to blame for America's domestic terrorism crisis.

To his credit, Rep. Pete King of New York, on Monday, became the first and, so far only, GOPer in the House to join 200 Democrats in co-sponsoring a bill that would ban assault weapons once and for all. Senate Majority Leader Mitch McConnell, of course, has vowed to make sure the measure never sees the light of day in the Senate and Trump...well, of course, he is opposed, because it would mean actual reform that flies in the face of their benefactors at the terrorist-enabling NRA.

In other news of Republicans showing the smallest signs of willingness to do the right thing for the nation --- but we'll take it where we can find it --- longtime Republican pollster and operative Frank Luntz recently testified in the U.S. Senate that he is now willing to help Democrats fight against the climate crisis, after his home almost burned down in a California wildfire. Luntz is responsible for an infamous 2001 memo to Republicans explaining what language they should use to avoid action on the global warming climate crisis. Now, he says, he has changed and is offering advice to Democrats on language that he says will help convince the American people that urgent action is needed. We discuss his advice and his suggested language.

Finally today, Desi Doyen brings us the latest Green News Report with bad news on Newark's lead contamination water crisis; bad news on a global methane emissions spike due to U.S. fracking and Trump rollbacks to Obama restrictions; bad news on air pollution; and an aggressive --- if potentially perilous --- proposal from a Democratic 2020 Presidential candidate on action to solve the climate crisis...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Judge overturns Mnuchin scheme to make 'dark money' even darker; Texas sued for tossing out absentee ballots without notifying voters...
By Brad Friedman on 8/13/2019 6:39pm PT  

"You've heard about 'Draining the Swamp'," Donald Trump's Acting Chief of Staff and Office of Management and Budget Director told a bunch of GOPers at a fundraiser recently in South Carolina. "What you haven't heard is what we're actually doing." He's right. We try to do something about that on today's BradCast. Again. [Audio link to show is posted at end of summary.]

Lack of funding and a hiring freeze by the Trump Administration has resulted in a shortage of correctional officers at facilities like the federal lockup in Manhattan where accused sex trafficker Jeffrey Epstein was found dead on Saturday morning. The billionaire financier and friend of Trump was supposed to have been monitored every 30 minutes by correctional officers after being removed, for some reason, from the prison's "suicide watch" list just 6 days after he reportedly tried to kill himself. But media reports say that Epstein was not monitored for hours before being found dead. Both of the officers tasked with the job were working overtime and one was merely a substitute, reportedly, not fully trained for it. Trump's Attorney General Bill Barr has temporarily suspended both of them and reassigned the warden at the Metropolitan Correctional Center, as he claims to be seeking accountability for the failure at the federal Bureau of Prisons (BOP) facility overseen by the Attorney General.

The lack of federal funding at BOP is not an accident, of course. It's just one small part of this Administration's ongoing efforts to, as Mulvaney admitted, "streamline government" by making it simply disappear any way they possibly can. As Trump's Director of the OMB, Mulvaney attempted to cut funding in half for several key scientific and economic departments at the U.S. Department of Agriculture. When Congress rejected those cuts, the Administration implemented Plan B, which is what Mulvaney was bragging about to the Republican donors in South Carolina. The USDA gave just over 30 days for career officials at two important and long-established USDA agencies, the Economic Research Service (ERS) and National Institute of Food and Agriculture (NIFA), to decide if they wished to uproot their lives and those of their family's to move to Kansas City (either Missouri or Kansas, USDA Secretary Sonny Perdue has not told anyone which state it will be) or be fired.

Matt Shuham at Talking Points Memo has been covering the ongoing crises at the two agencies in a series of stories, documenting how senior officials, with decades of institutional knowledge are being lost in the bargain, as more than half of those longtime federal workers have chosen against moving 1,000 miles across the country before the end of September.

"It's nearly impossible to fire a federal worker," Mulvaney complained while explaining the Administration's scheme for forcing longtime federal employees to either move to "the real part of the country" or quit. "They quit," Mulvaney boasted to the delight of the corporate GOP funders. "What a wonderful way to sort of streamline government and do what we haven't been able to do for a long time." One of Shuham's latest reports details the gut-wrenching decision of a 30-year veteran branch chief at the ERS, who says that staffers working on everything from researching genetically engineered seeds to soil conservation to climate change are almost all entirely gone from the agency now, along with hundreds of years of collective knowledge and institutional experience. Ironically enough, when Purdue issued the letter to employees notifying them of the move, he claimed it was being done, among other reasons, to "improve USDA's ability to attract and retain highly qualified staff."

The gutting of the USDA is a "test case", one economist at ERS said. "If they can carry this out, what’s to stop them from doing this on a larger scale to another agency?" The answer: Nothing. They are already doing something identical to the Bureau of Land Management at the Dept. of Interior. And there will be more to come if these moves aren't somehow blocked. Donald Trump is actively and purposely killing your government and both he and corporate industry interests couldn't be more delighted about it. This will only be stopped --- maybe --- if he is turned out of office no later than next year.

To that end, we catch up on a couple of (mostly) good news elections-related stories today as well. In Montana, a federal judge has overturned a new rule by Treasury Secretary Steven Mnuchin that would have allowed "dark money" non-profit 501(c)4 groups to keep their donors a secret from the IRS. Such groups are already exempt from disclosing their funding sources publicly, but Mnuchin didn't want even the Government to know where their money used for elections is coming from either. A lawsuit by Montana Governor and 2020 Democratic Presidential hopeful Steve Bullock has successfully blocked that new rule --- for now. It would have made it almost impossible for the Government to determine if foreign sources were unlawfully funding elections work by such groups.

And down in Texas, the Texas Civil Rights Project and other plaintiffs are suing the state on behalf of voters to force election officials to notify voters when absentee vote-by-mail ballots are rejected by county election officials in time to correct any perceived signature mismatches. Such decisions are largely ad hoc from county to county --- elections officials are not hand-writing experts after all --- as there are no statewide standards for making the determination that the signature on the vote-by-mail ballot does not match that of the registered voter. Thousands of ballots in the Lone Star state have been tossed without the knowledge of voters who, under state law, do not need to be notified about signature mismatches that will keep their ballots from being counted, until 10 days after the election. With Texas potentially in play for Democrats next year, every vote may very well matter. So this lawsuit, like similar ones successfully filed in other states in recent years, is very important on several levels.

Finally, Desi Doyen joins us for our latest Green News Report, in which another new rule imposed by the Trump Administration's Dept. of Interior is set to gut federal protections for thousands of endangered species; his EPA has cleared the way for an enormous, controversial mine project in Alaska which threatens key, pristine salmon fisheries in the region; and with details on the one energy project that the Administration is suddenly interested in slow-walking for some reason...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Brutal ICE raids in MS; WH denial over domestic terror; MT assaulter acted on Trump 'rhetoric'; 'The OC' turns 'blue'; TX may soon do same...
By Brad Friedman on 8/8/2019 6:35pm PT  

Well, today's BradCast features an epic righteous rant or two for your listening pleasure, as we begin with some grim news of the day but finish with a much brighter outlook for the near future. [Audio link to show is posted below.]

  • First up today, the dark news out of Mississippi where Trump's federal deportation forces waited for the first day of the school year --- and the day after Tuesday's state and legislative primary elections --- to violently round up nearly 700 longtime immigrant workers at various food processing plants around the state. The record ICE arrests came just days after 22 were gunned down in the heavily Hispanic town of El Paso, Texas by a white supremacist who echoed Trump's words about an "immigrant invasion". Children in the MS towns reportedly came home from school to find parents gone, toddlers and infants were not picked up at day care, and local news highlighted a number of children roaming the street in tears, terrified about was happening to them and their families. It seems the federal government made no plans for what would happen when the U.S. citizen children of immigrants were violently hauled away. Even one U.S. citizen worker was tazed and knocked to the ground by the out-of-state invading ICE thugs;
  • At the same time, in an exclusive from CNN, details of the White House's purposeful failure to take action on the quickly growing threat of domestic terrorism by white supremacists like the shooter in El Paso, and so many other similar cases in recent years. According to the report, based on sources said to include current and former senior Administration officials, many in the Department of Homeland Security had been trying for some time to force the White House to take the rising menace more seriously, but those closest to Trump were reluctant to do so for fear it would "trigger the boss".

    Trump, like many Republicans and Fox "News" zombies have spent years in denial (or supportive) of the threat of domestic terror by rightwing extremists such as white supremacists. In 2009, after an outcry by Republicans, the Obama Administration shamefully withdrew a DHS draft report [PDF] on the growing threat of rightwing extremism that had been largely prepared during the George W. Bush Administration. There was no such outcry over a similar report, released without incident, on leftwing extremism. Nonetheless, Obama's DHS chief buckled, apologized(!), withdrew the draft report, and the DHS group which created it was largely dismantled. With increasing evidence of the white supremacist threat --- even cited by Trump's own FBI Director --- the Trump Administration has continued to insist on focusing on jihadist terror and illicit drug importation instead. That, as they exercise their own white supremacist terror on immigrant communities such as those across the state of Mississippi on Wednesday, a state with one of the lowest populations of undocumented immigrants in the nation;

  • All of this, of course, sends a very clear message. It was one that appears to have been heard loud and clear by a 39-year old man in Montana who placed a 13-year old in choke-hold and fractured his skull when body-slamming him to the ground after the boy refused to remove his baseball cap during the national anthem at a rodeo. The man's lawyer contends the U.S. Army veteran who had suffered his own brain injury in 2000, was acting on the President's "rhetoric". He told the local paper in Montana that the man's "Commander-in-Chief is telling people that if they kneel, they should be fired, or if they burn a flag, they should be punished." While he says the man takes "a big portion of accountability for what took place...there was other things at work here that definitely contributed". The attorney argues that “Trump never necessarily says go hurt somebody, but the message is absolutely clear....[his client] was doing what he believed he was told to do, essentially, by the President."

    The argument might sound absurd, until you connect a few dots to include, among many, Montana's Republican Congressman Greg Gianforte who, on the eve of his special election to the U.S. House in 2017, actually grabbed a reporter by the throat and slammed him to the ground. In 2018, during a campaign rally for Gianforte --- who won in deep red Montana in 2017, despite the incident --- Trump made light of the Congressman's violent 2017 assault of a journalist, noting to the delight of the assembled MAGA crowd that "any guy who can do a body slam is my kind of guy." Message delivered and, apparently, received;

  • But we've got some brighter news as well today, as formerly GOP strongholds appear to be turning "blue" in advance of the crucial 2020 elections. The Orange County Register reports something this week that would have been unthinkable just a few short years ago. California's former GOP stronghold of Orange County --- the birthplace of Richard Nixon --- now, officially, has more registered Democrats than Republicans. The CA state GOP Chairman's explanation for the news is --- as we discuss --- hilarious and completely counter to demonstrable facts and reality. (Which makes him perfect for the job!) That follows the 2018 midterm wave election when all four U.S. House seats in the OC, incredibly, flipped from "red" to "blue";
  • Evidence for a similar sea changes in the Trump Era is beginning to appear elsewhere as well, as this week saw the fourth Republican U.S. House member in a week from once-ruby-red Texas to announce that he would not be running again in 2020. He was the 9th GOPer to declare the same over the past three weeks, with 11 incumbent Republicans in total now planning to step down next year, as opposed to just 3 Democrats. The pace of announced House Republican retirements is now actually ahead of the number that called it quits at this time before the 2018 mid-term elections when Democrats ended up retaking the House majority by flipping some 40 seats in a Blue Tsunami route. Is Texas set to become the new Orange County next year?;
  • Finally, Desi Doyen joins us for the latest Green News Report with an important new U.N. report on farming and climate change, a growing worldwide water crisis, four U.S. fossil fuel explosions in 48 hours, and some miners in Kentucky finally waking up to how the dying coal industry is working to take advantage of them...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 8/8/2019 11:24am PT  


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IN TODAY'S RADIO REPORT: New United Nations report calls for overhauling farming techniques to solve climate change; Kentucky miners block coal train after mine company bankruptcy; A quarter of the world's population faces 'extremely high water stress'; PLUS: Four fossil fuel explosions in 48 hours underscore the dangers of our aging fossil fuel infrastructure... All that and more in today's Green News Report!

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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): Eco-fascism: How climate change is becoming a deadly part of white nationalism; Sen. Warren would pay farmers to fight climate change under new plan; Harry Reid to Dems: Kill the filibuster to tackle the climate crisis; At dangerous Kentucky dams, locals aren’t prepared for disaster; Exxon accused of pressuring witnesses in climate fraud case; Trump bid to ease fuel efficiency rules would hike fuel costs; FERC: How McConnell's Coal Guy Is Helping Trump Remake Federal Energy Policy... PLUS: Wisconsin transmission proposal sparks debate over best path to 100% clean energy... and much, MUCH more! ...

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Guest: Rep. Hank Johnson (D-GA) 'hopes' newest SCOTUS Justice was 'completely forthright with U.S. Senate during confirmation', says House Judiciary 'proceeding in the nature of an Impeachment Inquiry' on Trump; Also: Prez uses visits to Dayton, El Paso to attack Dems...
By Brad Friedman on 8/7/2019 6:35pm PT  

Hey! Remember Brett Kavanaugh? The Donald Trump SCOTUS appointee who demonstrably lied during his sworn U.S. Senate Confirmation hearings last year before Republicans voted to ram him through to a lifetime appointment on the highest court in the land, anyway? Yeah, we do too. Thankfully, so does our guest on today's BradCast who, as a member of Congress, can actually maybe --- just maybe --- do something to finally bring some accountability there. And, according to a letter signed by him and House Judiciary Committee Chair Rep. Jerry Nadler (D-NY) on Tuesday, there is now evidence that they intend to try and do just that! [Audio link to full show is posted below.]

But, first up today, NBC News nailed it in a headline we saw only after getting off air today: "Trump turns day of grieving for shooting victims into day of grievances". That about sums it up. On Monday, in a scripted teleprompter speech, the President responded to the two weekend gun massacres that took the lives of at least 31 in El Paso, Texas and Dayton, Ohio by asking Americans "to set destructive partisanship aside...and find the courage to answer hatred with unity, devotion and love". But, just over 24 hours later, he began to unleash various attacks on Democrats Beto O'Rourke, Ohio Sen. Sherrod Brown, Dayton Mayor Nan Whaley, former Vice President Joe Biden, and even managed to tie Senators Bernie Sanders and Elizabeth Warren somehow to the shooter in Dayton. All of that before, during and after what were supposed to be Presidential visits to the two recovering cities, intended to console them and help ease their pain after the twin tragedies.

On Tuesday night, Trump first broke his call for setting aside partisanship with a misfired Twitter snipe at El Paso native Beto O'Rourke's name, in which he told the former Texas Congressman to "be quiet!" after O'Rourke accurately tied the El Paso shooter's white supremacist diatribe to Trump's identical references to an "invasion" at our southern border. But on Wednesday morning, before leaving for his trips to the two grieving cities, he told reports at the White House that he felt his "rhetoric brings people together" and he "would like to stay out of the political fray." That vow didn't even last until he arrived in El Paso, with his new Twitter attacks emanating even while he was on Air Force One.

But in news today that is much less insane, we are joined by REP. HANK JOHNSON (D-GA), a member of the U.S. House Judiciary Committee and Chair of its Subcommittee on Courts, Intellectual Property and the Internet. That subcommittee oversees the federal court system, including the U.S. Supreme Court. On Tuesday, Johnson and Nadler sent a letter to the National Archives and Records Administration requesting records from Justice Kavanaugh's tenure in the White House during the George W. Bush Administration, when he first served in the White House Counsel's office from 2001 to 2003 and then as White House Staff Secretary from 2003 to 2006.

The request includes thousands of documents either never reviewed or never requested by then-U.S. Senate Judiciary Committee Chair Chuck Grassley (R-IA) during Kavanaugh's SCOTUS confirmation process last year. While Grassley requested no documents at all from Kavanaugh's tenure as Staff Secretary --- during which many decisions were discussed and made in the run-up to Iraq War and about the torture and detention of suspect terrorists and prisoners of war --- thousands of documents from Kavanaugh's time in the White House Counsel's office were withheld from the Senate Judiciary panel last year after they were privately reviewed by Kavanaugh's own personal attorney.

Johnson explains why Democrats are now seeking all of those records, what they hope to find, and what they may do with the information they unearth from them on the Committee which has jurisdiction to launch impeachment proceedings for all federal judges, including Supreme Court Justices.

Of course, it remains to be seen whether the Trump Administration will attempt to block the records request, which asserts the rights of the Committee to review the documents under the Presidential Records Act of 1975. If they are blocked, Johnson tells me, they are prepared to take additional measures to obtain the records. The Georgia Congressman also responds in detail to a number of my questions including whether he supports an expansion of the U.S. Supreme Court in order to unpack the Republican's currently stolen majority; why he is not currently among the majority of House Dems publicly calling to open an official Impeachment Inquiry in his Judiciary Committee; and what he thinks of his home state of Georgia's current plan to move from one 100% unverifiable touchscreen voting systems to an all new, if equally unverifiable touchscreen voting system --- rather than a cheaper, verifiable hand-marked paper ballot system --- before next year's crucial 2020 Presidential election in a state that many believe may finally be ready to flip "blue" after years of GOP dominance in the state.

On what he hopes to find in Kavanaugh's records from the George W. Bush years: "I hope to discover that Justice Kavanaugh has been completely forthright and honest with the U.S. Senate during his confirmation process. Moreover, I hope to find that the conduct of Justice Kavanaugh, during his time as Secretary with the Office of Counsel for the President, at all times conducted himself in a way that would be in keeping with that of someone who now serves on the U.S. Supreme court with a lifetime tenure. And, of course, that is only subject to the House's ability to impeach, should there be a need for it. The American people deserve to know who we have on the US Supreme Court, what his background is, and if he was honest with the Senate in his confirmation proceedings."

On expanding the stolen SCOTUS: "It's no question that the courts have been stacked with judges with a particular political bent...They are holding the future back, and it's hurting America. So we, as the legislative branch, with the power to expand the Supreme Court --- nothing in the Constitution says that it will be a Court of nine Justices --- so we have to look at whether or not its in the efficiency of our process that we need to expand the Court. We really don't need to politicize the courts. But unfortunately the courts have been politicized. So the question is, what do we do? And how will the Supreme Court react to the fact that the legislative branch is open to looking at alternatives to the current way that it does business?"

On why Johnson is not currently among the majority of Dems in the House publicly calling for an official Impeachment Inquiry: He stands by his current position (despite my generous offer to allow him to make news by changing it on today's BradCast), while explaining, "We are proceeding in the nature of an impeachment inquiry at this time, and we're doing so without calling it an impeachment inquiry so as not to put the 31 red-to-blue winners in 2018, new Democrats, not to put them in jeopardy of not being able to come back and keep us in the majority in 2020. ... At some point we may accumulate the record that we can then pass the impeachment resolutions on and then proceed to the evidence --- not just the Mueller Report, but the evidence... take that over to the US Senate and have a trial. " After I press him a bit on his current position, he concedes: "I tell you what --- if you call me back in about two or three months, maybe I will have changed on impeachment."

And, finally, on Georgia's Republican Governor and Sec. of State defying cybersecurity experts to move from one unverifiable touchscreen voting system to another: "I think the way to go is to have hand-marked paper ballots that are then scanned into a counting machine and counted. And then you have the paper ballots that you can test the results of the tally machine against, and that way, you can have a verifiable vote. ... But we cannot do it on this new system that the Georgia legislature has authorized. I think it is a $125 or $150 million dollar expenditure that will be for a system that we can't even rely on. I think it's bad for the taxpayers, it's bad for the voters, it's bad for democracy, and it's a bad move for Georgia."

He offers much more on all of the above, so I hope you'll tune in to listen to today's BradCast...

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...And the Ohio City of Dayton (not Toledo!); Also: Countries warn against U.S. travel.; New gun, domestic terror laws needed; Hannity's really dumb idea; Former House GOPer says 'beat every single one' in 2020!...
By Brad Friedman on 8/6/2019 6:37pm PT  

On today's BradCast, it's unclear if Donald Trump's hope for making America great again is to see foreign countries warn their citizenry against traveling here due to the risk of gun massacres and racist hate crimes, but that's now how "great" we are. [Audio link to show is posted below.]

Uruguay and Venezuela issued alerts to travelers following recent mass shooting in the U.S., and Mexico is considering legal action following the murder of seven of their citizens in the shooting at the El Paso Walmart on Saturday which took the lives of 22 in all.

At the same time, the U.S. cities which endured mass shootings by domestic terrorists over the weekend don't really wish to have a visit from the man who has inspired so much hatred and death. But the White House says that Trump will be going to El Paso and Dayton on Wednesday anyway. That, despite locally elected officials who wish he wouldn't, as they mourn their dead and protest the racist hate-mongering President who continues to sow the ground for even more rightwing violence. (And as El Paso waits for Trump's campaign to pay them the more than $400k for security that they are still owed following his last campaign rally there months ago.)

While the El Paso shooter is being investigated on Domestic Terrorism charges after echoing Trump's "Hispanic invasion" language prior to the massacre, the FBI announced on Tuesday that the mass shooting at the Gilroy, California, Garlic Festival just over a week ago is now also being probed as a Domestic Terror incident. So why is it so difficult to bring Domestic Terror charges against white male American citizens who committed these acts of terror and others like them? Federal statutes make prosecution of foreign terror charges easy, but domestic charges have a much higher bar and fewer options for law enforcement to choose from.

So, there are now calls to beef up federal Domestic Terrorism statutes, but do they stand any better chance of changing than the very-low-hanging-fruit gun safety laws that Ohio's GOP Gov. Mike DeWine is now calling for in the Buckeye State? (Laws that Dems have been calling for for years? And that even Donald Trump is now pretending to call for at the federal level?) Don't hold your breath. Fox News Presidential adviser Sean Hannity's breathtakingly stupid idea for protecting schools and malls from gun violence may have a better chance of actually become reality.

But at least one former GOP U.S. House Member, Rep. David Jolly, who quit the party last year over Trump, predicts his former Republican colleagues will not change any laws even after the recent string of gun massacres. He is now calling for every Republican in the U.S. House and Senate to be voted out of office next year. "Beat 'em. Beat every single one of them," he now says.

Finally, Desi Doyen joins us for the latest Green News Report, as Greenland experiences historic ice melt raising world sea levels; we all just lived through the hottest month ever recorded on Planet Earth; and CNN actually gave substantial time for 2020 Democratic Presidential candidates to discuss their ideas for saving the planet at last week's debate in Detroit...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 8/6/2019 11:29am PT  


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IN TODAY'S RADIO REPORT: Historic ice melt in Greenland raises worldwide sea levels; We've all just lived through the hottest month ever recorded on Planet Earth; PLUS: CNN's 2020 Democratic Presidential debate, for the first time, covered climate change and climate action in-depth... All that and more in today's Green News Report!

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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): We must change food production to save the world, says leaked report; Top climate scientist quits USDA, alleging political suppression; Who will pay for the huge costs of holding back rising seas?; Climate liability lawsuits are on the rise; N.J. lakes closed due to toxic algae blooms; El Paso suspect’s alleged manifesto highlights eco-fascism’s revival; U.S. has lost 24 million acres of natural land in 16 years; As Gulf Stream cools and weakens, what’s in store for Florida?; Heat headache for 2020 planners as Tokyo swelters a year before Olympic Games... PLUS: The new ruins of the melting Alps... and much, MUCH more! ...

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On the weekend massacres in El Paso and Dayton; And Georgia Tech cybersecurity expert Rich DeMillo on the recent Senate Intelligence Comm. report on Russia interference in 2016 and the fight to secure 2020...
By Brad Friedman on 8/5/2019 7:04pm PT  

On today's BradCast, we open with the grim weekend news of the two gun massacres in El Paso, Texas and in Dayton, Ohio, which collectively resulted in at least 30 killed and some four dozen others wounded, before moving to yet another issue of national security being avoided by most Republicans and the White House. [Audio link to show is posted at bottom of article.]

The two domestic terror events in TX and OH, each carried out in minutes by white American men with semi-automatic military-style assault rifles and high-capacity magazines, has once again spurred calls for legislative action by Democrats in Congress and the avoidance of same by the terrorist-enabling, NRA-captured Republican officials.

In addition, Donald Trump spent about 48 hours following the El Paso shooting hoping to avoid the fact that the 21-year old man who carried it out had reportedly driven from his home in Dallas to target immigrants in the border town. An online manifesto attributed to the white nationalist shooter, echoing language and racism frequently used by Trump, describes an "invasion" of Hispanic immigrants. "El Paso and Dayton make 251 mass shootings in the US in 216 days, more shootings than days in the year," notes USA Today.

The incidents also serve as the latest to highlight shameful GOP hypocrisy on matters of national security. Over the past two decades, the U.S. has spent hundreds of millions of dollars under the guise of "national security", even as the focus on international terrorism has resulted in several acute issues of national security such as climate change, gun violence by domestic terrorists, and election security being all but ignored by Republicans. That, even as the public has been asked to sacrifice one freedom after another under disingenuous claims of "national security" while the country has been bankrupted both financially and morally in the bargain.

The latest massacres and lack of willingness by Republicans to take action and confront a real and growing national security threat, is also echoed in their lack of action regarding security in our elections, the only means by which the public may actually hold their failed, hypocritical, and corrupt elected officials accountable. But a week or so ago there was a glimmer of hope, sort of, when the U.S. Senate Intelligence Committee released a bipartisan --- if absurdly redacted --- report on election security [PDF], concluding that election systems in all 50 states were targeted by Russia in 2016. At the same time, the report states that "the Committee has seen no indications that votes were changed" or that "vote-tallying systems were manipulated".

Then again, as we've take great pains to report in detail since 2016, nobody, to our knowledge --- including the FBI, DHS, Robert Mueller's Special Counsel Office or even local and state officials --- has actually bothered to look! Calls for hand-counts of hand-marked paper ballots and forensic analyses of electronic voting systems were blocked after the 2016 election in many states, including Wisconsin, Michigan and Pennsylvania which each are said to have flipped to the Republican Presidential candidate that year by incredibly narrow, unverified margins, for the first time in decades. The Senate Intelligence Committee report suggests that while foreign actors were able to gain access to the nation's voting systems and voter registration databases, they took no action to modify them in any way. Really?

We're joined today by cybersecurity and voting system expert RICH DEMILLO, formerly the Chief Technology Officer for Hewlett-Packard, now Professor of Computing at Georgia Tech, where he served as Dean and director of their Information Security Center. DeMillo shares his takeaways from what he describes as a "frustrating" Senate report, which appears to both pull punches and hide much of both its findings and recommendations behind redactions. "There is just a massive amount of evidence that not only were the systems targeted, and in some cases penetrated, but it would take an extraordinarily altruistic spy to resist the opportunity of doing something nasty once they got into these systems," he tells me. "Not going that final step, which is relatively risk-free, of carrying out the mission that you were there to accomplish, just seems to me to strain credibility."

DeMillo, who has co-authored a number of landmark studies on the many dangers posed by the 100% unverifiable touchscreen computer Ballot Marking Devices (BMDs) now being deployed before the 2020 election to places like Georgia, Philadelphia, Los Angeles County as well as counties in other key battle-ground states like Ohio, North Carolina and Texas, warns that our vulnerable voting systems are, indeed, an issue of "national security".

"We're in an era where the tools can be turned against the citizens," he cautions. "Where the results of an election in an entire jurisdiction can be changed with literally the flip of a switch." DeMillo, who now serves on the board of the Verified Voting Foundation, is a supporter of hand-marked paper ballots as the only known type of verifiable voting and (like me) is dubious about the push to allocate hundreds of millions of dollars for new "upgraded" computer voting systems. "It's like buying better filters for cigarettes," he says.

And while there are still no federal mandatory standards for voting systems (only voluntary guidelines last updated by the U.S. Elections Assistance Commission in 2005!), the "real obvious vulnerability" to the systems comes from election insiders, local and state officials and contractors hired to program and maintain the systems. "Even in the face of arguments from election officials that 'we vet our people, we do background checks,' every time we look under those covers, what we find is that there's almost no due diligence that's taking place. That the people that we entrust with these systems, in the first place, don't understand the systems, have never been briefed on the threats, and we have no idea what their background and motivations are."

He cites the story we broke on the program last week based on testimony from an official in the Georgia Secretary of State's office who conceded on the witness stand the week before in a federal court hearing that all voting machines in the state are programmed by three outside contractors "in their garage." That new revelation of outsourcing from the ongoing federal lawsuit challenging the security and Constitutionality of the state's unverifiable touchscreen systems underscores that "everything they tell you about the security of their infrastructure, and how well they vet against the insider threat, turns out not to be the case. And that story is repeated over and over again around the country."

DeMillo also relates the story of the "ruckus" he recently caused on social media when relaying a conversation with election officials in a largely rural state "who just happened to mention in an open meeting that the computers that they use to program their ballots were housed on laptop computers that were in the houses of people, without any security clearances, no special security infrastructure. In fact, they were in places where the Internet connections were so bad that some of those people had to go to the local Starbucks in order to connect to the internet." He says his "jaw dropped to the floor" when he learned that many of those officials were programming their voting machines and tabulators on wide open, completely unsecured public networks.

Finally, DeMillo goes on to offer some advice on how to "move the needle" in the continuing fight by election integrity advocates to secure our elections by using systems that can actually be overseen by the public, slamming those --- from Congress to state and local officials to academics to private voting system vendors --- who believe that secrecy and "security by obscurity" can actually work to protect the heartbeat of our nation's fragile and more-threatened-than-ever system of representative democracy...

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Also: Cybersecurity firm was able to take over GA's 'entire' voter registration network; Lots of bad news for Trump and GOP in Congress...
By Brad Friedman on 8/2/2019 6:24pm PT  

Lots of bad news on today's BradCast for Trump and the Republican's in Congress as they head home for their long summer recess. And several astonishing followups to major voting-related stories we broke earlier in the week out of North Carolina and Georgia. [Audio link to full show is posted below.]

First up, several big stories out of Congress today, none of them good for the President or Republicans...

  • The GOP's only black U.S. House member, Rep. Will Hurd of Texas, says he won't run again in 2020. The stunning announcement Thursday night represents a huge pickup opportunity for Dems in a state slowing turning "blue", and just the latest in a quickly growing string of GOPers calling it quits in the House;
  • On Friday, Donald Trump abruptly pulled his 5-day old nomination of TX Rep. John Ratcliffe to become the nation's next spy chief. Ratcliffe, after attacking former Special Counsel Robert Mueller during hearings in the House last week, was tapped by the President to replace Director of National Intelligence Dan Coats, who publicly contradicted Trump on Russian interference in U.S. elections, Iran compliance with the landmark nuclear pact that Trump violated and pulled out of, and on the national security threat of climate change, among other things. Ratcliffe, however, was revealed to have had no previous intelligence experience, as required by statute for the DNI role overseeing the nation's 17 intelligence agencies, and was found to have lied about past claims to have prosecuted terrorists;
  • And, in more bad news for Trump on Friday, a majority of House Democrats have now publicly called for an official impeachment inquiry of the President. CA Rep. Salud Carbajal became the 118th out of 235 House Dems to publicly call for an inquiry to begin. With the majority of her caucus now supporting impeachment proceedings, it remains to be seen if House Speaker Nancy Pelosi will finally modify her current position to allow Dems only to "legislate, investigate and litigate". House Judiciary Chair Jerry Nadler recently filed a court motion seeking grand jury information from the Mueller investigation which, for the first time, referenced a need for the documents due to Congressional consideration of impeachment proceedings.

Then, several (occasionally amazing) follow-ups to stories we broke earlier in the week regarding the citizen-led fights for publicly overseeable elections and hand-marked paper ballots in two key swing states.

First, on Tuesday's program we detailed what appeared to be a "win", if a short-lived one, by election integrity advocates in North Carolina, after they'd convinced the state Board of Elections, in a 3 to 2 vote, to adopt a resolution effectively blocking the certification of a 100% unverifiable computer touchscreen Ballot Marking Device made by ES&S, the nation's largest (and sleaziest) private voting vendor. That vote, if finalized next month, would likely result in hand-marked paper ballots across the entire state in next year's crucial Presidential election. The powerful ES&S is currently the only voting system vendor certified to do business in the closely divided battle ground state.

But, in reporting that story on Tuesday, we also broke the news that one of the three "yes" votes on the resolution blocking ES&S, Republican David Black, had changed his mind, leading to a new meeting --- and a revote on the resolution --- called for Thursday. Black's reversal would mean a 3 to 2 vote in FAVOR of ES&S' new, 100% unverifiable touchscreen systems for counties currently serving some 2.5 million voters whose current, older 100% unverifiable touchscreen voting systems are set to be certified, by state law, at year's end.

But, a funny thing happened before the Thursday revote, after the state Board's Chairman, Democrat Robert Cordle --- who had voted against the resolution on Monday --- told a wildly inappropriate joke to open a state conference of some 600 election officials. He was subsequently forced to resign by the Governor, resulting in Thursday's re-vote becoming a 2 to 2 deadlock, leaving the initial vote, which could lead to hand-marked paper ballots for all NC voters, in place.

There will be yet another vote --- the formal vote on the resolution --- on August 23rd, when whoever Democratic Gov. Roy Cooper names as the new Chair to the beleaguered 5-person Board, will be able to cast the decisive vote to determine if the key swing state will have verifiable elections in 2020 or not. And, yes, we share the "dirty joke" in question, about a woman and a cow, on today's program;

Then, we also have a follow-up to a story we broke on Monday's BradCast, regarding the federal lawsuit seeking to ban Georgia's 100% unverifiable touchscreen voting systems in favor of hand-marked paper ballots before the 2020 Presidential election. On Monday, plaintiff Marilyn Marks of the Coalition for Good Governance, joined us on the show to describe a revelation from a court hearing latest last week in which a witness from Georgia's Sec. of State's office revealed that all voting machines across the state in 2018 were programmed, without oversight, by three independent contractors working for ES&S out of their garages, using unsecured home WiFi.

Last night, the UK's Guardian picked up the story about the state's fully-outsourced elections, confirming our reporting from earlier in the week and adding a number of additional disturbing details. Among those new details: Georgia's entire voter registration system was similarly outsourced to a private company which even contractually disallowed the Sec. of State's office from having access to the network. More alarmingly, however, as the Guardian's Jordan Wilkie reports, during security penetration tests, a third-party (fourth-party?) cybersecurity company contracted by the state, found that it was able to "take over the entire network". Moreover, in November of 2018, a year later, in a second round of testing just before last year's midterms, many of the vulnerabilities discovered during the initial test remained unresolved.

Until last week's hearing, when much of this information was revealed on the stand for the first time during questioning of the Sec. of State's chief information officer, the state had completely misled the federal court about all of the above and more.

Finally today, some very grim news out of the Arctic, where Greenland, over the past week, has gone through an extraordinary melt event, with record high temperatures --- 10 to 30 degrees above the normal average --- resulting in the loss of some 10 billion tons of ice over the past day or two, with nearly 200 billion tons of water pouring into the Atlantic Ocean during the month of July. How's that for a cheery way to end the week? You're welcome!

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Guests: David Dayen and Jacki Schechner on surprises from Wed. night, clarity on real 'costs' of Medicare-for-All, thoughts on Yang's plan for $1000/month Universal Basic Income, and Harris' record as CA AG...
By Brad Friedman on 8/1/2019 4:53pm PT  

On today's BradCast: Special coverage --- and a lot of smart information --- on Night Two of the second 2020 Democratic Presidential debate in Detroit, as hosted by CNN. [Audio link to today's show is posted below.]

The ten candidates featured during the second night's combative, two-and-a-half-hour long festivities were: former Vice President Joe Biden; CA Sen. Kamala Harris; NJ Sen. Cory Booker; entrepreneur Andrew Yang; Former HUD Sec. Julian Castro; NY Sen. Kirsten Gillibrand; HI Rep. Tulsi Gabbard; WA state Gov. Jay Inslee; CO Sen. Michael Bennet and NYC Mayor Bill DeBlasio.

As during night one, the broad array of topics about which CNN's moderators worked hard to create confrontation between the candidates included healthcare (again leading the debate at the top and in the length of time spent on the issue), immigration, race, the climate crisis, the economy, foreign policy and, unlike the first night, even a question or two on how the candidates might take on Donald Trump and whether he should be held accountability for his crimes with impeachment.

Biden, the perceived front-runner, seemed at least slightly more prepared and less frail than in his first outing during the June debate in Miami, while finding his policies as a Senator over the last many decades and as President Obama's Veep sharply attacked by a number of the other participants. For her part, Harris --- who seemed to get the best of Biden in a number of exchanges during the June forum, seeing her fortunes rise thereafter --- was met with tough attacks from both Biden and several of the other candidates hoping to grab the spotlight. Booker stood out in a number of exchanges, including several with the former Vice President. Other candidates had their moments as well, as we discuss, even as the field for the next debates in September may now be cut by half or more.

We're joined today, once again, by two guests for our special coverage. Journalist, former CNN producer and healthcare reform expert JACKIE SCHECHNER is back with us again today, and we're also joined by prolific investigative financial journalist and award-winning author DAVID DAYEN, who now also serves as Executive Editor for The American Prospect.

Their smart analysis and insight today focuses on, among other things...

  • Whether CNN improved on its questioning and format for night two after facing sharp criticism for their opening round on Tuesday (Schechner saw moderate improvement, Dayen saw none);
  • which candidates, if any, stood out over their past performances (Booker and Inslee receive the most noteworthy nods on that score);
  • whether or not proposals by a number of the more progressive candidates for a Medicare-for-All style single-payer universal coverage system is actually affordable, or if the more modest proposals to build on the existing Affordable Care Act with a so-called "Public Option", as sought by the more conservative candidates like Biden, is actually more realistic. (Dayen describing the "entire conversation about costs" as "a complete red herring", offers a more concise, clear answer to that question than any of the 20 candidates over the past two nights! In short, he explains: "A Medicare For All system would save money. We know that because the Koch-funded Mercatus Center, which put together the very study that Joe Biden and these others are quoting, said that a system where the government would cover all medical costs would actually cost $32 trillion dollars over a ten-year period, but doing nothing right now would cost Americans, through their total national health expenditures, $34 trillion. So the overall savings to America from moving into a single payer system is two trillion dollars over ten years.");
  • how Democrats seem to be pulling their punches when it comes to one of the largest cost drivers of healthcare;
  • whether debates over these weedy details are helpful or even necessary right now, or if they should take a back seat for the moment to the question of who can best defeat Donald Trump in 2020. (The conversation now simply "muddies the waters" and is "totally unecessary," Shechner argues. "We need to bring this up to a higher level at this point, and say, 'You're going to have a choice in the election between somebody who wants to do something about the broken healthcare system and somebody who doesn't care about the broken healthcare system, has no plan for it, has no interest in fixing it, and is simply interested in dismantling anything that President Obama put into place.")
  • how Yang's interesting proposal for a $1000/month Universal Basic Income for every American would (or wouldn't) actually work;
  • and a number of concerns about Harris' record as CA's Attorney General before she became a U.S. Senator. That as she cited her record as a prosecutor taking on the Big Banks during her closing statement on Wednesday night.

All of that and much more is covered during our lively --- and, I believe, quite enlightening --- conversation on today's BradCast special coverage...

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Guests: Jacki Schechner and David Faris on CNN's misfires, the party's divides, the candidates' substantive policies and the necessity of fearlessness in winning and taking down Donald Trump...
By Brad Friedman on 7/31/2019 4:01pm PT  

On today's BradCast: Special coverage of Night One of the second 2020 Democratic Presidential debate. This one was broadcast from the Fox Theater in Detroit and hosted by CNN. [Audio link to show is posted below.]

Featured on the first night's debate stage were VT Sen. Bernie Sanders; MA Sen. Elizabeth Warren; South Bend, IN Mayor Pete Buttigieg; MN Senator Amy Klobuchar; former MD Rep. John Delaney; OH Rep. Tim Ryan; former CO Gov. John Hickenlooper; former TX Rep. Beto O'Rourke; MT Gov. Steve Bullock (in his first Dem Debate appearance) and author/spiritual guru Marianne Williamson.

The lively and often substantive debate was, nonetheless, frequently truncated by CNN moderators, who seemed to work hard to force confrontation between the candidates, while framing many of the evening's debate topics as if they were Republican talking points and otherwise trying to highlight the divide between the progressive and conservative wings of the party. Among the many issues raised during the two and a half hour debate on Tuesday night were healthcare (a nearly 25 minute discussion, highlighting the party's many different and often controversial approaches to achieving universal coverage, from 'Medicare-for-All' to the Public Option, and their effects on private insurance), immigration, gun safety legislation (and the corporate forces that prevent it and many of the other issues discussed), the climate crisis, issues regarding race, the economy, the cost of college and student loans, foreign policy and nuclear weapons, and --- one of many Rightwing memes that CNN seemed to be pushing throughout the evening: whether the Democratic Party has moved too far to the Left.

We're joined today for discussion on as many of the above matters as we can fit in --- as well as some thoughts on what was not covered --- by journalist, former CNN producer and healthcare reform expert JACKIE SCHECHNER and Roosevelt University political scientist and contributor at The Week, DAVID FARIS, author of the recently published book, It's Time to Fight Dirty: How Democrats Can Build a Lasting Majority in American Politics.

Each offer smart analysis and insight on the substantive policy issues raised last night, as well as both the political and media aspects of night one of the latest two night Democratic debate, some six months before voting is set to begin next February at the Iowa Caucuses...

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Guest: Constitutional law expert Ian Millhiser on the GOP's ACA challenge and the passing of SCOTUS' 'last great conservative Justice'...
By Brad Friedman on 7/17/2019 6:46pm PT  

The United States, according to our guest today on The BradCast, lost "the last great conservative Justice" on the U.S. Supreme Court on Tuesday. Justice John Paul Stevens, who lead the liberal wing of SCOTUS before retiring in 2010, passed away on Tuesday at the age of 99 after serving some 35 years on the High Court. IAN MILLHISER, Constitutional law expert, longtime Editor of ThinkProgress Justice and author of the book Injustices: The Supreme Court's History of Comforting the Comfortable and Afflicting the Afflicted joins us today to discuss that loss as well as the rightwing legal challenge seeking to strike down the entirety of the Affordable Care Act. [Audio link to full show is posted below.]

We begin today with a conversation about Stevens' remarkable legacy, and how his tenure was so starkly different from the so-called "conservatives" now seated on the GOP's stolen Supreme Court. Nominated to SCOTUS by Republican President Gerald Ford (after being appointed to the federal bench by Richard Nixon), Stevens, as AP eulogizes, "stood for the freedom and dignity of individuals, be they students or immigrants or prisoners. He acted to limit the death penalty, squelch official prayer in schools, establish gay rights, promote racial equality and preserve legal abortion. He protected the rights of crime suspects and illegal immigrants facing deportation. He influenced fellow justices to give foreign terrorism suspects held for years at the Guantanamo Bay, Cuba, naval base the right to plead for their release in U.S. courts." All positions now seen as "liberal".

And yet, Stevens said during a 2007 interview that he did not think of himself as liberal, but rather as "pretty darn conservative". Millhiser explains how Stevens was able to separate the law from politics, including his own personal preferences, while remaining true to the Constitution and both the rule of law and Court precedent --- all issues which those who call themselves "conservative" today seem to have a difficult time understanding or respecting.

"When he got on the Court, he was widely viewed as a center-right judge. He personally held very, very conservative views. But what made Justice Stevens a great judge was that he knew his political views didn't matter when he was a judge. He knew that regardless of what he thought about minimum wage, or Obamacare, or whatever else, his job was to be faithful to the law and the Constitution," Millhiser tells me. "He was able to set his political views aside and let the law work. And that is all you can ask for in a judge. If we had conservatives like John Paul Stevens right now, who understand that law and politics are separate, we would be in a much better place as a country."

Moreover, as I note at the top of the show, based on my own reporting from 2013, Stevens was willing to admit when he got cases wrong. That year he conceded that his 2008's controlling opinion in Crawford v. Marion County Board of Elections --- the case which approved Indiana's Republican law requiring voters to present Photo ID at the polling place before being allowed to vote --- was ultimately the wrong decision. That SCOTUS opinion has been falsely cited by GOPers across the country as confirmation that Photo ID restriction laws do not suppress legal votes, but help prevent illegal ones. That is both inaccurate and decidedly not what the Court found that case. In 2013, Stevens conceded, "as a matter of actual history," dissenting Justice David Souter was "dead right" in his opposition and warnings about how the precedent would be abused to suppress the vote.

As to the Affordable Care Act (Obamacare) challenge we had originally booked Millhiser to discuss before news of Stevens' passing, oral arguments in Texas v. United States were heard in New Orleans last week before a three-judge panel of the 5th Circuit Court of Appeals. In his coverage for ThinkProgress, Millhiser, who was in the courtroom, describes the hearing before two Republican-appointed judges (one by George W. Bush, the other by Donald Trump) and one Democratic-appointee as a "disaster for Obamacare".

On today's show, he explains the "dumb" and "ridiculous" basis for the case brought by some 20 Republican state Attorneys General --- and now joined by Trump's Dept. of Justice --- and how the challengers specifically filed it in a Texas jurisdiction, a "a kangaroo court", where they knew they could get a favorable ruling from the lower court judge and were likely to get a similar ruling from the rightwing 5th Circuit Court of Appeals. He describes the suit as "the stupidest case I have ever seen", but notes that the appellate court's three-judge panel --- "the two Republicans on this panel were really wacky and behaved in a really partisan way in the oral arguments" --- may ultimately uphold the lower court ruling, at least in part.

Nonetheless he believes the case cannot possibly pass muster at the U.S. Supreme Court given previous rulings on ObamaCare by Chief Justice John Roberts. However, he has a caveat: that prediction only holds if the makeup of the High Court when the case ultimately reaches SCOTUS remains the same as it is today. That, as Millhiser cautions, is not a guarantee. "If Trump gets another vote, all bets are off." And there are ways that both the 5th Circuit and the Republicans challenging the landmark healthcare law could hedge that timing, depending on how quickly they act and how long they delay both the court's decision and any subsequent appeal.

While the basis for this case, he details, is so absurdly thin, that may not mean it will fail, even if, as Millhiser observes, an estimated 24,000 Americans will die each year if the ACA is entirely struck down as plaintiffs seek --- and as the lower court judge already ruled should happen.

Finally, there was a flurry of breaking news coming over the wires as we spoke with Millhiser today, including Democrats in the House scuttling a vote on Articles of Impeachment against Trump; the House voting to hold AG William Barr and Commerce Sec. Wilbur Ross in criminal contempt and MA prosecutors dismissing sex assault charges against actor Kevin Spacey. And then we close today with a few thoughts on the House Dems successful vote on Tuesday for a resolution finding Donald Trump's (legally) racist tweets attacking four freshmen Congresswomen of color were, in fact, racist, and on the 4 Republicans in the 197-seat GOP House caucus willing to vote in favor of that resolution...

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Guest: Slate's Mark Joseph Stern; Also: Biden plummets, Harris and Warren spike in new polling after first 2020 Dem debate; Callers ring in...
By Brad Friedman on 7/1/2019 6:22pm PT  

After our two-day Special Coverage of the first 2020 Democratic Presidential Debate last week (Night ONE here, Night TWO here), we begin on today's BradCast to get caught up with some of the important news that we were unable to adequately focus on last week. (Even it may take a few days to get fully caught up, if ever!) [Audio link to show is posted below.]

First up today, we're joined for one last time this SCOTUS term by MARK JOSEPH STERN, the great legal reporter at Slate who has helped us make sense of the Court's most recent term under its stolen Republican majority, including many of the oral arguments since last Fall in a bunch of important cases and all of the subsequent rulings handed down in the past several weeks. The last of those rulings were, perhaps, the most consequential, and both came smack dab in the middle of Nights ONE and TWO of the Dem debate last week.

Today, Stern details the Court's horrendous (if not unexpected) 5 to 4 partisan ruling finding partisan gerrymandering to be perfectly Constitutional, despite all of the lower federal courts which have found otherwise. That, even though the practice, taken to new computer-precision extremes by the Republican Party following the 2010 Census, has bastardized the notion of fair representation at both the state legislative and Congressional levels. (eg. See North Carolina, which largely votes 50/50 for U.S. House members over the past decade, but has been represented in the House by just 3 Democrats and 10 Republicans over all of those years!) Stern describes the majority ruling, penned by Chief Justice John Roberts, as a "crushing defeat for voting rights" and a "fiasco for democracy". He explains how the rightwing majority ruling debunks the Chief Justice's own claim that he is the Court's "most aggressive defender of the First Amendment" in that extreme partisan gerrymandering blatantly robs voters of their First Amendment rights by punishing Americans for their partisan leaning, stripping them of the ability to be fairly represented.

"Partisan gerrymandering is uniquely evil and difficult to fix," Stern argues, "because it attacks the foundations of democracy. It entrenches a certain political party's power almost indefinitely, and creates a map that will hold even if the state votes against that party." Now, says Stern, the legal battle to rollback rigged election maps moves to the state court level instead, since SCOTUS has now determined that federal courts have no say in the matter (even though they long ago found racial gerrymanders, if not partisan ones, to be a violation of the Constitution.) "That's why this is the 'nightmare' scenario," he tells me. "Because if the legislature can't fix it --- and why would it fix it, they love what they've done --- you really have to rely on the courts to step in and fix it. And now Chief Justice Roberts has said that the federal courts are not going to hear these claims, that they're shut out forever. That leaves few avenues for relief for voters in these states."

We also get Stern's thoughts --- and callers who ring in on the topic as well today --- on whether Democrats, in states which they control after the 2020 Census should similarly use extreme partisan gerrymandering tactics to balance the scales by keeping Republicans out of power in such states, given that the High Court has granted its blessing for such tactics.

And, speaking of the Census, the other major ruling dropped last Thursday by SCOTUS was on whether or not the Trump Administration may add a question on citizenship to the 2020 Census. In that case, Roberts joined with the Court's liberals to reject the government's claim that they were simply hoping to add the question at the request of the Dept. of Justice in order to better enforce the Voting Rights Act. That transparently false claim was rejected by Roberts who wrote that it "appears to have been contrived".

In fact, it was, as several lower courts have ruled, even before the evidence from the hard drive of a recently deceased GOP gerrymandering expert revealed the entire charade was specifically meant to decrease the response rate by Hispanic and other immigrant communities in order to shift federal funding and voting power to Republicans and non-Hispanic whites. So, that decision was the good news. The not-as-good-news is that Roberts also left the door open for the Administration to try again with a less pretextual reason for adding the question, if they can come up with one. Or, as Stern sums up Roberts' directive in four words today: "Lie better next time." Whether the Trump Administration can do so before the deadline to send the Census to the printer (which, the Admin previously argued in court was a hard deadline of July 1, but now says "well, maybe October would be fine?") remains to be seen.

Next we open up the phone lines to listeners on last week's Democratic debate in Miami. Who do listeners feel did better than expected? Who did worse? The first polling is out today from CNN following last week's debate, finding a pretty huge shift among the Dem and Dem-leaning electorate. The survey finds Senators Kamala Harris and Elizabeth Warren are up 9 and 8 points respectively, while Joe Biden has fallen 10 points since the last CNN poll. That places Harris, Warren and Sen. Bernie Sanders (whose support dropped a few points) all now within just over 5 points from the former Vice President and perceived "front runner" for the Democratic nomination. That pretty seismic shift all comes after just one single debate...with about 11 more to come in the months ahead...

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Guests: Heather Digby Parton and Dave Johnson; Also: Bad news from SCOTUS on partisan gerrymandering, slightly better news on next year's U.S. Census...
By Brad Friedman on 6/27/2019 5:11pm PT  

Our special coverage of Wednesday's night's first 2020 Democratic Presidential Debate from Miami is momentarily waylaid at the top of today's BradCast, for quick coverage of two major, long-awaited opinions released by the Republican's stolen U.S. Supreme Court this morning, the final day of its term before Justices leave for summer recess. [Audio link to show follows below.]

The first opinion, featuring a 5 to 4 Republican- versus Democratic-appointee split, is very bad news for voting rights and democracy advocates on partisan gerrymandering cases out of Maryland and North Carolina. Writing for the GOP majority, Chief Justice John Roberts declared federal courts have no place entering disputes over extreme partisan gerrymandering of state legislative and U.S. House districts, giving a green light to majority-party state lawmakers to use sophisticated computer programs to slice up maps in a way that guarantees majorities for the party in power during the redistricting process following a decennial U.S. Census. Despite lower court rulings finding Republicans in Michigan, North Carolina, Ohio and Wisconsin violated the Constitution by drawing statewide U.S. House maps meant to assure Republicans remained in power, even when receiving fewer votes over all, the partisan divided SCOTUS decision now overturns all of those previous rulings, and one out of Maryland where a U.S. House district was drawn Democrats to keep it out of the hands of Republicans.

Critics, including Justice Elana Kagan who penned a blistering minority dissent, note that the SCOTUS majority now leaves it to the very same gerrymandered legislatures who created the undemocratic problem to somehow work it out, even though it may be impossible for opposition lawmakers to gain enough of a foothold to actually change the process under the bastardized maps. In her dissent, Kagan notes partisan gerrymanders "debased and dishonored our democracy, turning upside-down the core American idea that all governmental power derives from the people." Her opinion, representing the High Court's four liberal justices, concludes: "Of all times to abandon the Court's duty to declare the law, this was not the one. The practices challenged in these cases imperil our system of government. Part of the Court's role in that system is to defend its foundations. None is more important than free and fair elections."

All of which makes the Court's other major opinion today, on whether the Trump Administration will be allowed to add a question about citizenship to the 2020 Census, all the more crucial, but slightly better news, for the moment, anyway. In that case, Roberts joined with the court's progressives for a 5 to 4 ruling that bars the Administration, at least for now, from adding the question to next year's Census. In this case, the Chief Justice notes that the Administration's pretextual reasoning for doing so "appears to have been contrived". Indeed, despite warnings by experts at the Census Bureau itself that the question would decrease the response rate by millions, officials at Trump's Dept. of Commerce (which runs the Census Bureau) and the Dept. of Justice lied to both Congress and the Courts about their reason for adding the question.

Evidence has revealed that, in fact, the Administration hoped to include the question specifically in order to under-count immigrant communities in hopes of shifting billions of dollars in federal funding --- and still more voting power --- to "Republicans and non-Hispanic whites" over the next decade. That fact was made clear by, among other things, evidence revealed from the hard drive of the GOP's recently deceased gerrymandering expert. The good news in the Census ruling today is somewhat tempered by the fact that the case has now been sent back to the lower court for further consideration, allowing the Trump Administration another bite at the apple to come up with a more plausible justification --- or at least one that the stolen SCOTUS can more easily accept --- for why they insist on adding the new question before the deadline for printing the 2020 Census. The Administration had previously said that deadline was at the end of this month, though Trump has now asked his attorneys to see if the Census may be postponed.

Then it's on to our Special Coverage of Night One of the first Democratic Debate of the 2020 Presidential cycle, which featured ten candidates in all, including MA Sen. Elizabeth Warren; former TX Rep. Beto O'Rourke; MN Sen. Amy Klobuchar; NJ Sen. Cory Booker; former HUD Secretary and San Antonio, TX mayor Julian Castro; NYC Mayor Bill De Blasio; WA Gov. Jay Inslee; OH Rep. Tim Ryan; former MD Rep. John Delaney; and HI Rep. Tulsi Gabbard.

We're joined for today's special coverage by Salon's and Hulaballo's award-winning columnist HEATHER DIGBY PARTON and Seeing the Forest's DAVE JOHNSON, formerly a Senior Fellow at the progressive Campaign for America's Future.

Parton and Johnson offer post-debate analysis and smart insight on as many of those candidates as we can possibly fit in to the hour, along with thoughts on which of them exceeded, met or under-performed expectations; why it is that Democrats appear (foolishly) to be shying away from taking on Donald Trump directly, despite the extraordinary threat he and his Presidency pose to the nation and the world; how Democrats, as a party, now appear to be approaching issues such as taking on corporate monopolies, the need for universal access to healthcare as a human right (and the strange question about abolishing private health care insurance), foreign wars and more. We also discuss, as raised --- but largely unanswered --- during Wednesday's debate, how a Democratic President might counter obstructionist Republican Majority Leader Mitch McConnell should the GOP maintain control of the U.S. Senate after 2020.

All of that, of course, is just a sampling of the sweeping ground we cover on today's very busy and very lively BradCast, as we await Night Two, with another ten candidates, to be covered on our next program!...

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Also: Sestak jumps in; SCOTUS says trademark law is 'FUCT'; Pence defends squalid conditions for detained children; Even NC knows hand-marked paper ballots are needed, so why doesn't L.A. County?; Callers ring in on the Dem 'horse race' before this week's two-night Dem debate...
By Brad Friedman on 6/24/2019 6:29pm PT  

We've largely stayed away from the "horse race" on the Democratic side of the 2020 Presidential race to date, preferring, as we're wont, to focus on more immediate issues, as well as the "track conditions" on which the horses are set to run next year. But on today's BradCast, we finally open the phones to turn to the horse race a bit, in advance of this week's first 2020 Presidential debates.

But first, a few news items of note. Among the stories covered today before we turn to the phones....

  • Were you thinking that 23 or 24 candidates for the Democratic Presidential nomination just wasn't enough? Were you hoping one more white male from a swing-state might enter the race? Well, retired three-star Navy Vice Admiral, former Pennsylvania Congressman and failed U.S. Senate candidate Joe Sestak may be the man for you!;
  • In U.S. Supreme Court news, the Justices released an opinion today finding that the decades-old federal statute preventing the issue of trademarks to brands determined to have "scandalous" or "immoral" names is, in fact, an unconstitutional violation of the Free Speech clause. That will be good news to lifestyle brand FUCT which had been denied a trademark registration for years. In her opinion for the majority, Justice Elana Kagan also may have offered a preview, according to Mark Joseph Stern, of, at least, her opinion on the Court's upcoming crucial ruling on partisan gerrymandering, as she noted that free speech cannot be denied on the basis of viewpoints or ideas conveyed. The challengers in the two partisan gerrymandering cases pending before the Court --- with a decision due any day now --- are arguing that state political opponents are seeing their voting power diluted by the party in power on the basis of their political viewpoints when it comes to the partisan gerrymandering of maps for the U.S. House and state legislatures;
  • In a follow-up to our Friday program's segment focused on horrific conditions for migrant children detainees on the border, Vice President Mike Pence was on CNN Sunday, working very hard to filibuster and otherwise avoid Jake Tapper's direct questions about the Administration's argument --- offered last week in federal appeals court --- that denying soap and toothbrushes to children forced to sleep on freezing concrete under a single foil blanket in overcrowded facilities somehow qualifies as "safe and sanitary" conditions for those children, as required by federal courts. Late today, some good news on that front, as nearly 300 children at a "squalid" Texas facility --- featuring lice, the flu, kids who hadn't showered in weeks, and detained children asked to take care of infants and toddlers --- have now been transferred out of at least that horrific facility...at least for now;
  • Then, with one failure after another after another in North Carolina's elections in recent months and years, even the former counsel for the North Carolina state Board of Elections is now calling for HAND-MARKED paper ballots for every voter. So why isn't the state of Georgia? Why isn't the city of Philadelphia in the key swing-state of PA? Why is the nation's largest voting jurisdiction, Los Angeles County, now moving from hand-marked paper ballots to 100% unverifiable touchscreen Ballot Marking Devices (BMDs) in advance of the 2020 Primaries? And why is Mitch McConnell in the U.S. Senate blocking any and all legislation that would increase election security by, among other things, mandating a hand-marked paper ballot for all voters? We discuss. Again;
  • Then, we open up the phone lines to callers, with the broad questions in advance of the first 2020 Democratic Presidential debate this week: What will our listeners be looking for in this Wednesday and Thursday's two-night face-off among 20 candidates? What is the most important factor they hope to find in a Democratic nominee? Who do they like so far and who do they not like? We offer the chance to advocate --- or bash --- any of the candidates callers may wish, along with the question: Would they vote for a nominee they may not like in the general election, rather than hand Donald Trump a nation- and planet-devastating second term? We got a lot of good callers and interesting thoughts from them along the way...

Please enjoy today's very lively show!...

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