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Latest Featured Reports | Friday, November 8, 2024
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Guest: Wisconsin author, journalist John Nichols of 'The Nation'; Also: Stunning overnight legal developments in Trump stolen documents case...
By Brad Friedman on 3/22/2023 5:41pm PT  

In what appears to be a momentary pause (of sorts) in the Indictment Watch this week for our disgraced former President, we take the opportunity on today's BradCast to make sure you're up to date with what our guest today describes as "the most important election of the year." [Audio link to full show follows below this summary.]

Before we get to that guest today, even with the momentary break from the likely criminal indictment for Donald Trump in New York, there was quite the extraordinary flurry of activity overnight (literally) in Special Counsel Jack Smith's federal grand jury investigation of the thousands of documents --- many highly classified --- that Trump stole from the White House upon leaving office.

Last week, D.C.'s Chief District Court judge Beryl Howell, in a sealed ruling, ordered Evan Corcoran, one of Trump's attorneys in the Mar-a-Lago stolen documents case, to give both documents (reportedly including transcripts of audio tapes!) and testimony to the grand jury. Corcoran had previously invoked attorney-client privilege to avoid testifying about his conversations with Trump. But Howell reportedly viewed evidence leading her to determine there was a prima facie case that Trump used Corcoran in the furtherance of yet another crime, thus piercing the attorney-client privilege with the fraud-crime exception to it.

Trump appealed Howell's Friday order to the D.C. Circuit Court of Appeal which, last night, issued an administrative stay while ordering Team Trump to submit their brief in the appeal by midnight last night! They further ordered the DoJ's response to it by 6 a.m. this morning! Longtime attorneys and prosecutors were stunned by the unheard of speed in the court's scheduling. Some suggested that may be a sign that federal judges are fed up with Trump's stalling tactics. Others suggest the emergency order signaled "an urgent issue of National Security" was at stake or even "potential espionage." Yikes! We discuss.

In any event, late this afternoon, the three-judge Appeals Court panel lifted the stay on Howell's ruling and ordered Corcoran to both turn over the documents in question and testify to the grand jury. Trump could still appeal to the U.S. Supreme Court, but it's believed he'll be no more successful there on this motion. Much more to come in this case.

Next, we're joined by longtime progressive journalist, author and Wisconsin native JOHN NICHOLS, National Affairs Correspondent at The Nation and Associate Editor at Madison WI's Capitol Times, to discuss this bizarre moment in Presidential accountability history and the extraordinarily heated, expensive and important WI state Supreme Court election now underway. Early voting began this week for the April 4 contest that may finally flip control of the state's high court to liberal jurists for the first time in 15 years.

Nichols explains why the supposedly non-partisan race --- between liberal Milwaukee County Circuit judge Janet Protasiewicz and far-right former state Supreme Court Justice Daniel Kelly --- is so critical to both Wisconsin and to the rest of the nation in advance of the 2024 Presidential election in the battleground state.

The Protasiewicz camp has accused Kelly, who was unseated from the high court in 2020 after being soundly defeated, of receiving $120,000 from the Republican Party to advise them on overturning that year's Presidential election results in the Badger State, via the failed "fake electors" scheme. Protasiewicz also describes Kelly, who is endorsed by several anti-abortion rights groups as a "radical" "extremist".

For his part, Kelly's campaign characterizes Protasiewicz as "soft on crime", "woke", and several other standard GOP smears that may not be quite as effective as Republicans think, according to Nichols.

That said, there are ton of issues likely to come before WI's high court in the coming months and years that will have a huge impact on both Badger State residents and the rest of the nation, including the validity of the state's 1849 abortion ban "that Republicans want to reanimate," as Nichols explains; the state's recent "anti-labor laws that [former Gov. Scott] Walker" enacted; "a chance to undo gerrymandering to make sure that voting rights are protected and elections are fair," not to mention rulings that could determine who ends up winning the 2024 Presidential election in the state, where, Nichols notes, "four of our last six Presidential elections in Wisconsin were decided by under 25,000 votes" out of more than 3 million votes cast.

"Bottom line is," Nichols tells me, "if you end up with a 4-3 liberal majority on this court that actually looks at cases in a fair and reasonable way," there are myriad rulings from the last 15 years of far-right state Supreme Court control that could finally be reversed.

Among other topics discussed with Nichols today: Whether, after well over a decade of covering WI Supreme Court elections, we will finally see it flip on April 4; a point of disagreement regarding whether judges should be forced to compete in elections at all, much less in so-called "non-partisan" ones like those in WI; and his new best seller, just published with co-author Bernie Sanders, titled It's Okay to be Angry About Capitalism.

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Guest: Nuclear weapons policy analyst Stephen Schwartz; Also: Dems outperform in NH, VA, KY special elections, set table to retake Supreme Court majority in WI...
By Brad Friedman on 2/22/2023 6:54pm PT  

Today on The BradCast: It was a good day for democracy in the U.S. yesterday, in our continuing battle against the rise of autocracy here at home. The news overseas on that same score, however, thanks to Russia's criminal, autocratic leader, remains significantly dicier. [Audio link to full show is posted below this summary.]

FIRST UP TODAY: It was the first big Special Election night of 2023 in the U.S. on Tuesday. As we saw in advance of last year's 2022 midterms --- when Republicans ignored the evidence before their eyes to hoax themselves into believing a "red wave" was coming (which never did) --- Democrats are once again outperforming expectations in Special Elections around the nation.

We've got results, some of them quite stunning, out of marquee races yesterday in New Hampshire for state House, Virginia for the U.S. House, and in Kentucky for State Senate. In each, Democrats radically outperformed both expectations and history, often by 10 or more points.

But, the most critical race of the night may have been the primary election in Wisconsin, where a vacant swing-seat on the state Supreme Court may finally flip the majority to progressives in the upcoming April 4 general election after years of control by rightwingers. Tuesday's open primary featured two progressives and two so-called conservatives, with the top two vote-getters advancing to the general. Progressive Milwaukee County Judge Janet Protasiewicz easily bested the competition with some 46% of the vote. The two rightwingers, former Supreme Court Justice Dan Kelly and Waukesha County Judge Jennifer Dorow, came in a tight second and third place, with 24% and 22% each, respectively, followed by progressive Dane County Judge Everett Mitchell with 7%.

That means Protasiewicz and Kelly, state Democrats' preferred competition, will square off on April 4. Kelly is a radical, rightwing extremist, election denier, marriage equality opponent, and paid RNC consultant who helped organize Donald Trump's fake 2020 electors scheme in the state. He also lost a previous Supreme Court race in the closely divided swing-state by a whopping 10 points in 2020. In a state where Dems now hold almost every statewide executive position, Republicans are forced to cling to majorities in the state legislature thanks to wildly gerrymandered districts. A progressive majority on the bench, therefore, is expected to be critical over the next few years regarding abortion rights, gun safety, gerrymandering and much more, including voting rights in advance of the 2024 Presidential election.

If voters turnout and vote in April as they did last night, Protasiewicz would defeat Kelly by about 7 points. Of course, its Wisconsin, so I'd be careful about counting chickens before counting ballots just over one month from now.

NEXT UP: Russian President Vladimir Putin's nuclear saber rattling continued on Tuesday during his state of the nation speech. The autocrat announced a unilateral suspension of participation in New START, the last remaining arms control treaty between the U.S. and Russia.

There is a great deal to unpack in all of this, including what Obama-era New START was supposed to do; how the U.S., under Donald Trump, also pulled out unilaterally from a different pact (the Reagan/Gorbachev-era Intermediate-Range Nuclear Forces or INF Treaty); what "suspension" of New START actually means; and how the announcement appears to be yet another desperate attempt by Putin to coerce his way into somehow winning a war of aggression that he appears to be losing in Ukraine, as Russia's unlawful invasion sees its one-year anniversary this week.

To help with all of that today, we're joined by longtime nuclear weapons policy analyst STEPHEN SCHWARTZ who formerly served as Executive Director and Publisher of the Bulletin of the Atomic Scientists. They are the groups who control the notorious "Doomsday Clock". Schwartz, who tweets as @AtomicAnalyst, is also the author of Atomic Audit: The Costs and Consequences of U.S. Nuclear Weapons Since 1940.

"There is no provision in the [New START] treaty for 'suspending' the treaty. You're either in it or not," explains Schwartz. "The suspension is, I guess, a wily way for Putin to get what he wants. Which is, I think, frankly, just an extension of what he's been doing over the last year. This is a nuclear threat by another name."

"It's an effort to frighten the public in the United States, NATO, and Ukraine, into letting let him basically blackmail those countries into letting him do whatever he wants with Ukraine. So he's got this bludgeon --- and it's really the only tool that he has right now --- and he's waving it around until his demands are satisfied."

It doesn't appear to be working. President Joe Biden spoke in Poland yesterday, following a surprise appearance with Ukrainian President Volodymyr Zelenskyy in Kyiv on Monday. "We’re seeing again today what the people of Poland and the people all across Europe saw for decades: Appetites of the autocrat cannot be appeased," declared Biden to cheers in Warsaw. "They must be opposed."

While taking Putin seriously, Schwartz also sees a larger principle at stake. "The way I see it, and I'm no big fan of war at all, is if we just listen to Putin and say 'You're right, we can't risk nuclear war so we're going to stand back and let you carve up Ukraine however you want. And, hey, if you want to take Belarus and Moldova, who are we to stop you?,' I think that would be a terrible precedent for the rest of the world. Not only with regard to what Russia might do in the future, but other countries that have nuclear weapons or might want them."

"The Biden Administration and NATO have been very careful. If you look at every time Putin has done one of these things, the United States doesn't dismiss it and doesn't panic. They walk down the middle and I think that is the right approach here. We need to show that nuclear weapons are fundamentally useless, not just for prosecuting a war, but also for blackmail."

"We need to isolate Putin in this regard," argues Schwartz. "Otherwise, the future world that we're going to live in, brought to you by nuclear coercion, is going to be far worse than anything we dealt with during the Cold War."

Among the many related matters Schwartz speaks to today: Russia's violation of the 1994 Budapest Memorandum, in which Ukraine was guaranteed security and sovereignty after the fall of the Soviet Union in exchange for turning over all nuclear weapons to Russia; The Bulletin of the Atomic Scientists' recent move of the Doomsday Clock to "90 Seconds to Midnight," the closest it has ever been to proverbial "Midnight". Is the world really closer to "Doomsday" now than it was at the height of the Cold War? We discuss all of that and much more on today's very informative program...

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Government whistleblower slams Trump's disastrous response; Dems ditch proposed give-away to 'dark money' groups; WI Supremes endanger state again; Trump voters now more at risk of virus...
By Brad Friedman on 5/15/2020 6:22pm PT  

As ever (but especially on Fridays!), we try to find some good news where we can on The BradCast. It's been slim pickings of late, but we work with what we've got. We don't create the news. We just report it. [Audio link to full show is posted below.]

We start off with what progressive journalist and former Bernie Sanders staffer David Sirota describes as "Some actual good news". It picks up on an issue we discussed with The American Prospect's David Dayen, who has also been reporting on the same issue, on yesterday's show. House Democrats have been putting together their proposal for the next round of coronavirus emergency funding. Their so-called Heroes Act bill amounts to about $3 trillion of spending in response to the crisis, including a curious expansion of the Paycheck Protection Act for small businesses. The expansion would allow for certain non-profit organizations who were not previously eligible to take advantage of the program.

Among the expanded groups are industry trade groups (lobbyists!) and dark money campaign organizations, which both Davids --- Dayen and Sirota --- strongly objected to. (As noted with Dayen yesterday, and again today, I'm not quite as vehemently against it, for reasons which I explain in a bit more detail on today's program.) In any event, as Sirota reported late on Thursday, it appears that House Democrats heard the complaints, thanks to the handful of independent progressive media outlets reporting on it, and quietly amended the measure to ensure that PPP recipients do "not make a contribution, expenditure, independent expenditure, or electioneering communication."

After that "good news" section of the program, we move on to the lesser good news. Though anytime whistleblowers are able to shine sunlight on corruption and failure that's actually pretty good news as well. On Thursday, longtime federal government career official Dr. Rick Bright --- formerly Deputy Asst. Secretary of Health and Human Services for Preparedness and Response, and Director of the Biomedical Advanced Research and Development Authority (BARDA) --- testified to a U.S. House Committee on the unspeakable failures of the Trump Administration in their early response to the virus, when it could have saved tens of thousands of lives, and even now, after more than 86,000 Americans have been killed.

Bright, who, until last month, had been leading the Government's effort to produce a coronavirus vaccine, was demoted after the Trump Administration became unhappy about him questioning the use of an unproven anti-viral drug (hydroxychloroquine) that Trump was pushing to treat COVID-19. Bright has now filed a whistleblower complaint to get his old job back, alleging he was moved out of his post for opposing "efforts to fund potentially dangerous drugs promoted by those with political connections."

Today, we share some key parts of his more than three-hour long testimony on Thursday, in which he warned that the U.S. lacks any plan at all to battle the virus or even a strategy to produce or distribute a vaccine once one is eventually developed. He blames the Administration for months of failure to obtain and distributing adequate personal protective equipment for medical workers and testing kits for all. He told lawmakers that a shortage of simple but critical supplies like syringes could become catastrophic and cautions that we could be looking at "the darkest winter in modern history" in 2020 if action is not taken very quickly by a dreadfully inept federal Administration.

Meanwhile, Donald Trump told Fox "News" on Thursday that a vaccine will be available by "the end of the year"! And that "we will give it to a lot of people very, very rapidly." So, who ya gonna believe?

Well, apparently, there are a lot of folks in Wisconsin who believe the President, because they were out in droves at bars this week --- crowded together without masks in tiny spaces --- in some parts of the Badger State within minutes after the state's rightwing Supreme Court struck down Democratic Gov. Tony Evers' "Safer at Home" order.

The timing was perfect, as a new study from a researcher at Brookings Institution this week finds that COVID-19 is now spreading at an alarming rate in less populated rural areas (including across Wisconsin) as the rate of infections is declining in the nation's urban centers which were initially hit hard. The study finds that earlier in the crisis, at the end of March, counties won by Hillary Clinton in 2016 amounted to the majority of "high prevalence" COVID-19 counties. As of mid-May, however, that has flipped. It is now people in suburban and rural counties that supported Trump who are more likely to be become infected at an alarming rate. That said, as of May 10, according to the study, some 72% of the nation's population was living in a "high prevalence" county, though only 23% of them were in urban areas.

So, good luck, Trump voters! Donald Trump has a special song for you today!

Finally today, we close with Desi Doyen and the latest Green News Report which we ran out of time for yesterday, in which we find another "bright" side to the crisis, along with the usual amount of otherwise disastrously troubling environmental news...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: WI's John Nichols on a huge win for progressives in the Badger State amid last week's disastrous and dangerous GOP-forced election...
By Brad Friedman on 4/14/2020 6:58pm PT  

We catch up with a bit of listener mail at the top of today's BradCast before moving on to the huge story out of Wisconsin, where, according to results finally announced Monday night, a progressive-supported state Supreme Court candidate has apparently unseated a rightwing Scott Walker-appointed, Donald Trump-endorsed Justice following last Tuesday's disastrous and dangerous election in the Badger State. [Audio link to full show is posted below.]

Judge Jill Karofsky reportedly trounced incumbent GOP-backed Justice Daniel Kelly by more than 10 points (or more than 163,000 votes of about 1.5 million cast) to win a 10 year term on the state Supreme Court. The stunning upset victory reduces the longtime rightwing partisan bent of the court from 5 to 2, to just 4 to 3, with a real chance to flip the court's balance to progressives in the state when the next seat either opens up for an appointment (with Democratic Governor Tony Evers having ousted the far-right Walker in 2018) or in the next Supreme Court retention election. The next such election is scheduled for 2023.

What makes Karofsky's win all the more remarkable, of course, is the horrific circumstances under which Republicans forced their own Wisconsin voters to the polls last week amid the global coronavirus pandemic. Republicans in the gerrymandered state legislature, along with the Republicans on the state Supreme Court and on the U.S. Supreme Court's stolen Republican majority all conspired to prevent the election from being postponed or changed to an all Vote-by-Mail election, despite Evers several attempts to do so in response to the COVID epidemic.

Hundreds of thousands of voters and poll workers were forced instead to choose between risking their lives to vote or having their votes suppressed, after tens of thousands of absentee ballots did not reach voters in time to be returned by the April 7th Election Day mandated by SCOTUS as the deadline. That, despite lower federal courts previously allowing for a 6-day extension for the return of absentee ballots, given the extraordinary circumstances. With the two Supreme Courts rulings, voters were forced to wait hours in line to cast in-person ballots in the April 7 election, with hundreds of polling sites closed, while enduring rain and hail and possible coronavirus infection to cast their votes, after Republicans decided that mandating an in-person election during a pandemic, while suppressing the votes of tens of thousands of absentee voters, was their only chance to maintain their 5 to 2 advantage on the state Supreme Court.

We're joined to talk about all of this victory amidst outrage today by WI native son and progressive journalist JOHN NICHOLS of The Nation and of Madison's Capital Times. He tells me that Karofsky's election in WI right now "is the biggest deal of anything we have talked about" on the show, adding that "you and I go back a long way."

He charges "the Republicans ginned up their entire voter suppression operation. They put it on 11. They went for everything they could" and then they "weaponized coronavirus", but were still unable to defeat the dedicated Wisconsin voters who delivered "a true rebuke of the people who tried to suppress the vote."

We discuss both the important victory on the state Supreme Court as well as several other contests where the GOP was rebuked, along with the stain of last week's election and what all of this means for Wisconsinites and Americans going forward. There are more than 20 states still to hold primaries in the months ahead. All 50 states must figure out how to hold the most critical Presidential election in our nation's history this November. And the desperate Republican Party is hoping to bring chaos to all of it.

If what happened in Wisconsin is any indication, the GOP may have their work cut out for them, however, this year. But, as we also discuss, they may even be willing to bring down the U.S. Postal Service to do it.

Finally, we're joined by Desi Doyen with the latest Green News Report following deadly tornadoes in the South, wildfires now threatening Chernobyl, and some good news about yet another coal plant closure in Kentucky...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Trump dreaming about 're-opening'; Many waiting for checks that won't come; Some good news about Biden; And a happy ending...
By Brad Friedman on 4/10/2020 6:03pm PT  

What a week. We've got a lot to catch up with on today's BradCast, with much of it not good news at all. But we do try to offer a few bright spots along the way, and finish with a song, to make the stories you need to know about slightly less maddening. [Audio link to show follows below summary.]

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

  • Biden leads Trump by 11 points in a new NATIONAL poll taken before Sanders dropped out;
  • Tuesday's shameful, disastrous and, likely, deadly "shit show" of an election in Wisconsin --- with in-person voting forced in the middle of a global pandemic by Republicans in the state legislature, state Supreme Court and U.S. Supreme Court --- was even worse and more disenfranchising than previously known. Officials are now calling for an investigation from the U.S. Postal Service to explain why thousands of absentee ballots, many sent far in advance of Election Day, never arrived for many voters in Milwaukee, and as Republican state Sen. Dan Feyen now hypocritically wants an extension to vote for some voters in his district after several tubs of absentee ballots were discovered at a postal facility undelivered. (That, after he and his GOP colleagues in the state legislature repeatedly prevented a postponement of the election and applauded the SCOTUS ruling that prevented a 6-day extension for tens of thousands of voters to return their absentee ballots after having not even received them at all before the April 7 Election Day.);
  • And, in very related news, the U.S. Postal Service is now apparently on the brink of complete shutdown, as early as June, thanks to a decrease in mail delivery during the coronavirus pandemic. Democrats on Capitol Hill are begging for a short term bailout [PDF] for the quasi-independent federal agency that otherwise receives no tax-payer dollars. Republicans, however, blocked the effort to include $25 billion to save the USPS in the recent $2.2 Trillion emergency relief/corporate bailout CARES Act (which included $500 billion for private corporations). That, as millions rely on the USPS for prescription drugs and states across the country hope to rely on the Post Office for Vote-by-Mail primary elections in June and perhaps in all 50 states this November. Republicans also refused to include $4 billion needed to help states conduct elections during a pandemic, but they did include $400 million which, since there are few, if any, restrictions on that money, states are already using it for other things instead;
  • Finally, we end with a song and a laugh (cuz we really need both at the end of this week as much as you do), as Randy Rainbow plays us out with a tribute to his new favorite Governor...

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Also: Petulant criminal Trump begins purge of Inspectors General...
By Brad Friedman on 4/7/2020 6:41pm PT  

On today's BradCast: Reprehensible and morally unjustifiable rulings by the Republican majorities on both the Wisconsin and U.S. Supreme Courts over the past 24 hours have resulted in tens of thousands of voters forced to choose between risking their lives to cast their ballots or face voter suppression today in Wisconsin. The GOP Justices on both courts now have blood on their hands. [Audio link to show is posted below.]

WI's Democratic Lt. Governor Mandela Barnes was being overly polite when he tweeted today: "Good morning and welcome to the Shit Show! Today's episode has been produced by the Supreme Court and directed by the incomparable Speaker and Senate Majority leader duo," before adding: "Buckle up, this one's sure to disappoint!" He was being too kind in his reference to the 4 to 2 party-line vote that yesterday evening overturned an Executive Order that would have postponed today's election in the Badger State until June, as issued by Democratic Governor Tony Evers. The case which blocked that order was brought to the state Supreme Court by GOP Assembly Speaker Robin Vos and Senate Leader Scott Fitzgerald, both representing "majorities" in their respective state chambers thanks to Republican gerrymandering that prevented Democrats from controlling the state legislature despite receiving more votes than Republicans.

The state court's decision assured that WI voters faced potential death if they chose to vote in person at polling places (if they could find one open) in the middle of a deadly pandemic on Tuesday. The immoral decision was made even worse by the stolen Republican majority on the U.S. Supreme Court who, even later last night, in an unsigned 5 to 4 opinion [PDF] overturned a lower federal court judge's ruling [PDF] which had allowed 6 extra days for voters to return absentee ballots, given that tens of thousands of state voters have yet to even receive theirs due to the influx of requests amid the pandemic. Somehow, those voters are supposed to postmark or return them by today to be counted, even though many won't even receive the ballots for days after the April 7 election. It was, as Slate's Mark Joseph Stern writes, "one of the most brazen acts of voter suppression in modern history."

Thus, tens of thousands of Wisconsin voters are now certain to be disenfranchised, thanks to the repugnant rulings by every Republican on both Courts. WI voters and those who know them may consider themselves lucky if voter suppression is the ONLY thing that happens to them after being forced to stand in lines that snaked for blocks and blocks (and blocks) before being forced to crowd into consolidated polling places for lack of poll workers willing to risk their own lives. (In Milwaukee, for example, instead of 182 polling places, there were just FIVE today.)

As you might imagine, my head has been repeatedly exploding over the past 24 hours. We describe on today's show what happened on Tuesday, why the state Supreme Court decided as they did (hint: it was to and ensure Republican majority control of the same state Supreme Court which issued this horrific ruling, for as far as the eye can see), why the U.S. Supreme Court decided as they did (hint: they invoked their absurd "Purcell Principle" in order to allow voter suppression to continue across the country this fall and beyond), and what all of this now horrendously portends for upcoming elections in the 20+ states which previously postponed their primaries due to the COVID-19 crisis and for the 50 states that will be running the most critical election in our nation's history --- pandemic or no pandemic --- this November 3rd.

None of this is a good sign for free and fair elections in a supposed representative democracy. All of it brings shame and disgrace to the GOP and their followers...if they are capable of either.

Then, as if everything else wasn't already bad enough, Donald Trump is now on a tear to purge independent Inspectors General from the U.S. Government, including even long time career officials and those he appointed himself, because he's an unstable, insecure, dishonest, criminally unfit, petulant little man-baby President. We tell the stories today of the Intelligence Community IG he fired late last Friday night for having followed the rule of law in reporting the whistleblower complaint to Congress during Trump's attempt to extort Ukraine to help him win this year's election; his new threats to and blatant lies about the Health and Human Services Dept. IG who reported on Monday that the federal government bears some of the responsibility for a lack of personal protective equipment, ventilators and testing kits at hospitals across the country; and his removal on Tuesday of the longtime, well-respected career Pentagon and State Department IG who was recently elected by his peers as chair of the Council of the Inspectors General on Integrity and Efficiency as he was set to oversee the Administration's distribution of $2.2 trillion recently allocated by the emergency coronavirus relief bill enacted just over one week ago.

Finally, Desi Doyen joins us for the latest Green News Report with the brightest and best news of the day. And none of it is good either.

As the WI Lt. Governor said: Welcome to the Shit Show!...

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Guest: David Dayen of The American Prospect; Also: Callers!...
By Brad Friedman on 4/6/2020 6:47pm PT  

It was an action-packed BradCast today, though not in a good way, unfortunately, thanks to Republicans and their state Supreme Court majority in Wisconsin. [Audio link to full show is posted below.]

First up, as we've been telling you for weeks, there is absolutely no plan at the federal level for dealing with the coronavirus pandemic --- on either a medical level or an economic level --- even months after the Trump Administration first learned about it. The $2.2 trillion so-called Coronavirus Aid, Relief and Economic Security (CARES) Act, hastily adopted by Congress and signed by the President just over a week ago is a mess.

Individual checks for $1,200 may take months to get to many Americans (if they get them at all) and the process for doling out $350 billion allocated by the measure towards immediate relief for small businesses via forgivable loans is even more of a disaster out of the gate. Banks, serving as middlemen, are not set up for the onslaught of applications that began on Friday, with many applicants being turned away entirely by the largest banks, and with nowhere near enough money included in the pool to serve the 30 million companies considered eligible small businesses. Our guest today suggests that no more than 5% of businesses who need help under the CARES Act's Paycheck Protection Program (PPP) are likely to receive the immediately needed loans before the funding runs out.

Moreover, there is still no nationalized plan by the Trump Administration to ensure that states have all of the basic equipment they need --- from masks, gloves and gowns to ventilators and test kits --- as supply chains have become an all out "Wild West show, with middlemen and drop points and plane rescues," according to our guest DAVID DAYEN, financial investigative journalist and Executive Editor of The American Prospect. He is now producing his indispensable "Unsanitized: Covid-19 Daily Report" column and newsletter at The Prospect.

He reports that it is not only states competing with other states and the federal government for critical life-saving equipment, but that the federal government (FEMA) is also competing with the federal government (the Strategic National Stockpile or SNS), bidding up the same gear! All of this as U.S. deaths officially attributed to COVID-19 blew past the 10,000 mark on Monday, with a week ahead that could include a "9/11 attack worth of Americans" dying, day after day, for 10 days in a row beginning in the next few days, according to one of the more conservative data projections.

Dayen offers detail on much of the above and the problem that many Americans are also now facing in their attempts to file for bankruptcy protection --- at a time that many desperately need to do so --- with courthouses shutdown around the country, and only those lucky enough to be able to afford an attorney able to file electronically.

As CNN's Jake Tapper made clear on Sunday: there is no plan for any of this. It is a disaster that is likely to continue for months (at least) with no competent officials leading the way at the federal level, and absolutely no ultimate plan to help us get out, eventually, from under what is likely to be as bad or worse than the Great Depression. That, despite the "irrational exuberance" exhibited today by a Wall Street that seems to be in utter denial.

Then, where we had hoped when today's show began to bring you the long overdue good news that Wisconsin's Democratic Governor Tony Evers finally did the right thing on Monday morning by issuing an Executive Order to postpone tomorrow's Presidential Primary, state Supreme Court election and municipal races until June 9, we were forced to change course mid-show after the state's Rightwing Supremes blocked Evers' order along a 4 to 2 party line vote.

Therefore, unless something changes, where Badger State voters can find an open polling place tomorrow (scores of municipalities found zero poll workers willing to face death to man the polls, and Milwaukee's usual 180 polling sites are being reduced to just 5!), voters will have to risk their lives to cast a vote in person on Tuesday. After Republicans had their way with the state Supremes, they have also filed with the U.S. Supreme Court to overturn an order by a federal judge last week that allowed 6 extra days for voters to turn in absentee ballots, many of which have not yet even arrived to voters on the day before the Election (when they would otherwise be due.) After air time, it appears that the stolen Republican Majority on SCOTUS has also decided with their GOP brethren in WI, and voted along party lines to overturn the federal judge's extension of the deadline for absentee ballots. Tens of thousands will be disenfranchised in the bargain.

It is a chaotic mess and electoral disaster. But, more to the point, it is a DEADLY disaster in the making, with Republicans in the state all too happy to condemn voters to potential death because they think more Democrats will be affected and possibly killed, and they hope that their incumbent Republican state Supreme Court Justice, who is on the ballot on Tuesday, will prevail under these conditions. It is appalling and Americans should get ready for much more of this in the months ahead, with more than 20 states still to cast their postponed primary votes, and all 50 states preparing to figure out how to run an election during a deadly pandemic this November. One of the two major parties has made clear that they are more than happy to place their retention of political power over the lives of actual American citizens.

Finally, today, we open up the phones to allow a few callers from the coronaverse to ring in....

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Guest: Media analyst Eric Boehlert; Also: Bad news for WI progressives after last week's Supreme Court election...
By Brad Friedman on 4/10/2019 6:54pm PT  

On today's BradCast, finding light on a very dark news day, and making sense of Devin Nunes' bizarre new legal attack against a well-respected media outlet. [Audio link for today's show is posted below.]

You know the news is dark on a day when the brightest spot seems to be the first-ever photographic evidence of a black hole in a galaxy that is 53 million light-years from Earth, as constructed by an international consortium of scientists from 20 different countries employing an array of observatories around the world to construct a virtual "telescope" the size of the planet itself. The assembled image of the supermassive black hole is the first such glimpse of such an object in space (theorized by Einstein over a century ago, but directly proven today for the first time) containing the same mass as 6.5 billion suns and so dense that nothing, not even light, can escape its gravitational pull.

Sounds a lot like the Trump Administration. But we (mostly) avoid that today, even as we discuss one of its biggest supporters in Congress, California Rep. Devin Nunes, and his increasingly mysterious (and troubling) new legal gambit.

But, before we get there today, an update on last week's razor thin race for a key seat on Wisconsin's Supreme Court. With computer-reported results from last week's election showing progressive-aligned Judge Lisa Neubaeur fell less than half of a percentage point shy of defeating far-right Judge Brian Hagedorn for a seat on the state's high court being vacated by a retiring progressive-leaned Justice, Neubauer decided on Wednesday against seeking a recount which she would have had to pay for under state law. Her concession today --- despite unofficial and unconfirmed computer tallies showing a loss by just about 6,000 votes out of some 1.2 million cast statewide --- means that progressives will be unable to regain a majority on the court until 2023 at the earliest. The new 5 to 2 rightwing majority all but scotches hopes for rolling back former Republican Governor Scott Walker's anti-union measures and GOP voter suppression laws, and could handicap the state's Democrats during the inevitable redistricting fights following the 2020 census. (Have we mentioned lately that elections matter?!)

Also today, more on the incoming and "potentially historic" "bomb cyclone" developing over plains states and the upper Midwest, where blizzard warnings have now been issued in 6 states, snowfall as high as two feet is predicted in some areas, and the threat of more major flooding is plaguing several states still fighting to recover from billions of dollars in damage from the last "bomb cyclone" which erupted just weeks ago. This latest evidence of the increasingly dangerous threat of catastrophic climate change comes on the same day as Donald Trump signed two new Executive Orders intended to make it more difficult for environmental regulations at the state level to prevent the construction of new oil and gas pipelines (which serve to exacerbate man-made global warming.)

Then, we're joined by veteran media analyst and author ERIC BOEHLERT to discuss the latest bizarre lawsuit, which seems to challenge the First Amendment itself, as filed by Nunes this week.

Several weeks ago, the California Congressman and top Trump ally in Congress filed a $250 million lawsuit against Twitter, the owners of two anonymous parody accounts (@DevonCow and @DevonNunesMom), as well as Republican strategist and Nunes/Trump opponent Liz Mair for defamation. This week, the GOP Congressman filed suit against Mair again, along with the 162-year old McClatchy Company, a news consortium which publishes the Fresno Bee, the hometown paper in the Nunes' central California district. His latest complaint seeks $150 million in damages, charging defamation based on an article published by the Bee last year detailing the settlement of a lawsuit after a charity yacht cruise which reportedly included cocaine and underage prostitutes, according to court documents cited by the paper. The cruise was auctioned off by the philanthropic arm of the Alpha Omega Winery, in which Nunes is an investor.

But where his Twitter suit seemed absurd, this new suit --- like the first one, originally reported by Fox "News", of course --- suggests a darker and more nefarious effort to undermine Constitutionally-protected freedom of the press. Who is funding these efforts by Nunes and why? Might it have anything to do with Trump's repeated assertions that libel laws need to change to make it easier for public figures like himself to challenge reporting that celebrities like himself don't care for?

Boehlert offers insight on what may be going on here: "The Republican Party has decided that Google, Twitter and Facebook are the new targets. And they're using the exact same playbook that they used on the traditional media for four decades, which is you work the refs, you scream and yell over these fake phony allegations of 'liberal media bias'. And it works! Facebook has bent over backwards to make sure Republicans are happy. Twitter could have easily banned Donald Trump two years ago and saved this country an enormous amount of pain, because he obviously violates the rules all the time. So it works."

But there may be even more behind all of this, as we discuss, along with his concerns about ongoing corporate media failures in the wake of Trump AG William Barr's handling of the still-secret Mueller Report and other related matters as we head into the 2020 Presidential election cycle.

Finally, we close with some listener mail regarding our ongoing discussions of how Dems should move forward as they attempt to remove both Donald Trump from office next year and the nation itself from the black hole we continue to sink into under his increasingly dark reign...

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Guest: WI's John Nichols; Also: McConnell 'nukes' Senate rules again; House to subpoena 'Mueller Report', request Trump tax returns from IRS...
By Brad Friedman on 4/3/2019 6:52pm PT  

There were a number of important elections held around the country on Tuesday, so on today's BradCast, we've got some of the reported results from the key races, including both good and bad news for Democrats and progressives. Oh, and some stuff happened in D.C. today as well. [Audio link to show is posted below.]

We start with the good news out of Chicago, where former federal prosecutor Lori Lightfoot will become the Windy City's first black female Mayor, as well as the city's first openly gay chief executive. Lightfoot, who has never held elective office, ran as a progressive reformer to clean up Chicago's notorious old-school, insider politics after Democratic Mayor Rahm Emmanuel chose not to seek a third term. She is said to have easily bested Toni Preckwinkle, another African-American woman and a longtime elected official. by a nearly 50-point margin in Tuesday's final runoff contest.

There was still more good news for Democrats in the key swing-state of Pennsylvania on Tuesday, where Democratic Navy vet and former Dept. of Veterans Affairs official Pam Iovino is said to have defeated Republican D. Raja in a special election for a state Senate seat representing a suburban district outside of Pittsburgh. Republicans have held that seat for most of the past half-century, and the district (which uses 100% unverifiable touchscreen voting systems) reportedly went to Donald Trump by 6 points in 2016, when he took the state's 20 electoral votes for the first time since 1988.

Iovino's 4-point victory over Raja is being regarded as a potential bellwether for next year's Presidential contest when Democrats will need to win back Pennsylvania, Michigan and Wisconsin --- all of which went to Trump in 2016 before electing Democratic Governors during statewide elections in 2018 --- if they hope to take back the White House.

While there was good news for Dems in Pennsylvania, the news out of Wisconsin on Tuesday was decidedly less good...at least as of this hour. Progressive-aligned state Supreme Court candidate Judge Lisa Neubauer had been widely expected to win the seat of a retiring progressive-aligned state Justice, but appears to have fallen just short against GOP-aligned Judge Brian Hagedorn, according to unofficial results.

Hagedorn, who has likened homosexuality to bestiality, derided Planned Parenthood as a "wicked organization" and called the NAACP a "disgrace to America", declared victory in the early Wednesday morning hours after computer tallies gave him a lead of just under 6,000 votes out of just over 1.2 million cast across the state. Neubauer's campaign announced the race was "too close to call" and "almost assuredly headed to a recount", stating that "Wisconsinites deserve to know we have had a fair election and that every vote is counted".

With the margin less than 1% (it is currently one-half of 1%), she will be entitled to request --- and pay for --- such a "recount". State law, however, currently leaves it up to local jurisdictions to decide whether they wish to tally the state's mostly hand-marked paper ballots manually or simply run them through the same computer scanners that tallied them (correctly or incorrectly, who knows?) on Election Night.

Tuesday's state Supreme Court contest in the Badger State was particularly important for Democrats who, even if they had won, would have retained a 4 to 3 minority on the state's high court. But, with a conservative-aligned Justice retiring next year and the replacement election to be held on the same day as the state's 2020 Democratic Presidential Primary, they had hoped to finally flip the court to a more Dem-friendly 4 to 3 majority next year for the first time in years. That majority would be particularly important following the 2020 census and the inevitable subsequent court battles over redistricting in one of the most extremely GOP-partisan gerrymandered states in the country, not to mention hopes for rolling back a host of rightwing initiatives enacted under Republican Gov. Scott Walker now that voters sent him packing last November.

We're joined today by Wisconsin's own JOHN NICHOLS, Washington Correspondent for The Nation and associate editor of Madison, Wisconsin's Capital Times, to help us make sense of Tuesday's stunning reported results that appear to have taken both Democrats and Republicans alike off guard.

How and why did it happen, given Neubauer's huge fund-raising advantage over the toxic, Koch-supported former Walker protege who many Republicans chose to stay away from? Did a last minute infusion of out-of-state Republican cash make the difference? While turnout increased for both parties compared to the state's last Supreme Court election in 2018 (when the Dem-aligned candidate won by a full 12 points!), why did turnout appear to increase more for the GOP this year? And what happened that dampened turnout in Milwaukee?

Does a potential "recount" have any chance of reversing the currently reported results? And what should all of this --- an objectionably flawed rightwing candidate seen as having little chance of winning in Wisconsin, before he then goes on to narrowly win the state --- tell Democrats as they head into the crucial 2020 Presidential election looking to flip WI back into the D column? We discuss all of that and much more with the ever-wise Nichols today, who offers this "number one lesson" to progressives: "Do not assume Donald Trump is doomed."

Finally, there was also a lot of stuff that happened in Congress today for a change as well: The House Judiciary Committee voted to approve subpoenas for the Department of Justice to require Trump's Attorney General William Barr to turn over the full, unredacted Mueller Report, including its exhibits and underlying evidence; In the Senate, GOP Majority Leader Mitch McConnell unilaterally invoked the so-called "nuclear option" to change Senate rules, after failing to do so via regular Senate votes, in order to reduce the time needed to install Trump appointees to executive agencies and lifetime positions on the federal bench. The new rule will now require just 2 hours of debate, rather than 30, before holding a vote on such appointees; And, late in the day, the Democratic U.S. House Ways and Means Committee Chairman Richard Neal sent a letter to the IRS formally requesting the past 6 years of Donald Trump's tax returns as well as those for eight of his business entities. The House actions are certain to face challenges from the White House and likely end up being decided in court...

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Bernhardt slithers to the top of Interior; Another deadly chemical fire in Houston; White House security whistleblower steps forward; Chinese national arrested with 'malware' at Mar-a-Lago...
By Brad Friedman on 4/2/2019 6:45pm PT  

On today's BradCast: Donald Trump's D.C. swamp isn't getting any less swampy, but it all does make chants of "Lock her up!" over Hillary Clinton's personal email server appear quite quaint. [Audio link to show follows below.]

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

  • It's Election Day in a number of places today, including for a very important state Supreme Court seat in Wisconsin, where the results will have ramifications (for the state and nation) for the next decade. And voters are also at the polls near Pittsburgh, Pennsylvania today for a special election for that state's Senate in a contest which may serve as a bellwether before the 2020 elections. We'll have reported results and other analysis of that and others contests, no doubt, on tomorrow's program;
  • More disaster today near Houston, Texas where yet another deadly chemical fire broke out, killing one as of airtime, with two others airlifted to hospitals. Emergency officials issued shelter-in-place warnings to schools and residents within a 1-mile radius, advising residents to stay indoors, turn off all ventilation systems and seal all doors and windows. It's the second major toxic chemical plant explosion near Houston within as many weeks. Given the state's shameful history with chemical facilities --- and a dangerous, years-long lack of transparency, even for first responders --- the latest tragic incident is, sadly, not all that surprising;
  • Donald Trump's latest nominee to head the Dept. of Interior is near confirmation in the U.S. Senate after his confirmation hearing last week in the Energy and Natural Resources Committee. But David Bernhardt --- currently Deputy Secretary and Acting chief of the agency following the resignation of Trump's first disgraced and corrupt Secretary Ryan Zinke --- is a longtime, top lobbyist for the oil and gas industry and has been instrumental since arriving at the agency in 2017 in reversing loads of environmental regulations long opposed by the fossil fuel and chemical industry.

    In fact, as a recent investigative report by Reveal illustrated, at an executive meeting of the Independent Petroleum Association of America (IPAA), a top industry group, after Bernhardt was tapped to be the top Deputy at Interior in 2017, the hundred or so oil industry executives at the conference were caught on tape laughing and applauding after the IPAA's CEO bragged about Bernhardt as "the guy that actually headed up" their legal team challenging federal endangered species rules being "now the No. 2 at Interior," adding, "So that's worked out well." Now Bernhardt will be No. 1 at Interior.

    We share some of the audio from last week's Senate Committee hearing in which Bernhardt said he would decline to recuse himself from issues at Interior involving companies for whom he lobbied, because, he said, he'd be "basically handcuffed and not in the game for the American people if I am recusing myself" and prevented from unleashing his awesome "skillset" on behalf of "the American team". Bernhardt, of course, is just one of many deeply-conflicted swamp creatures now inhabiting Trump's "drained" swamp;

  • Speaking of which, a whistleblower with 18 years of experience in the White House Personnel Security Office, where she worked for Democratic and Republican administrations alike, has stepped forward to expose what she describes as at least 25 Trump appointees who failed security clearance checks, but were ultimately granted clearances anyway after intervention by more senior officials. According to Tricia Newbold's recent testimony to the U.S. House Oversight Committee, many Administration security clearances had been rejected for a number of reasons including "foreign influence, conflicts of interest, concerning personal conduct, financial problems, drug use, and criminal conduct."

    She testified that two currently-serving Senior Officials in the White House were granted clearances despite failing their background checks. Though the names of the officials whose security clearances were granted only after intervention were not specified, House Oversight Committee Chair Elijah Cummings has sought "adjudication summaries" from the White House for Trump's son-in-law Jared Kushner, his daughter Ivanka Trump, former National Security Advisor Michael Flynn, currently National Security Advisor John Bolton and a host of other top appointees.

    On Tuesday, the Committee voted to subpoena Carl Kline, Newbold's superior, believed to be behind a number of the questionable approvals. White House Press Secretary Sarah Huckabee-Sanders today described the Congressional oversight of the matter in partisan terms, bizarrely characterizing it on Fox "News" today as "sad and shameful" and, somehow, ironically enough, "dangerous" to national security;

  • That statement came just hours before court documents were released today revealing that the Secret Service arrested a Chinese national at Mar-a-Lago over the weekend, during the President's latest visit to his Palm Beach resort, with four cell phones, two Chinese passports, a hard drive, and a computer thumb-drive said to contain "malicious malware". Court documents describe the woman telling the Secret Service, after she had initially been allowed inside the resort, that she was sent there by a Chinese friend who instructed her to travel from Shanghai to make contact with a member of Trump's family. But, why worry about security checks for those family members, eh?;
  • Finally, Desi Doyen joins us for the latest Green News Report, with more on Bernhardt's enormous conflicts of interest, the White House's latest unprecedented scheme to jump start the stalled Keystone XL pipeline, more bad news for Trump's environmental rollbacks in federal court, and the Green New Deal has its first town hall discussion...

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Guest: Former WI Supreme Court candidate Tim Burns; Also: Courts block Trump 'Obamacare' attacks; WI's Supreme Court election is a big deal...
By Brad Friedman on 3/29/2019 6:36pm PT  

On today's BradCast, some facts --- real ones, not Mitch McConnell's --- about our nation's healthy history of changing the number of seats on the U.S. Supreme Court, which we have done seven different times over the past 238 years since our founding. [Audio link to full show is posted below.]

But, first up quickly today, Donald Trump has taken yet another hit from the courts on his attempt to undermine the Affordable Care Act and the U.S. healthcare system. It's the second such court loss he's faced over the past week, with the first court nixing his attempt to allow work requirements under Medicaid in Kentucky and Arkansas, and the second on Thursday night finding his allowance of cheap health insurance policies that don't meet the standards of the Affordable Care Act ("Obamacare") to be unlawful. That second ruling comes courtesy of a well-respected George W. Bush-appointed federal judge who is rarely reversed by appellate courts.

Next, a preview of a very important election on Tuesday in Wisconsin for its state Supreme Court. Its the first of two elections to the high court in the Badger State (one on Tuesday and the other next year on the same day as the Democratic Presidential primary election in WI) that could result in a progressive-leaning majority, at long last, being restored to WI's high court. Control of that court is wildly important for both the state and the nation on a number of fronts, which we discuss today, including voting rights before the 2020 election, redistricting for the next decade after the 2020 Census, and the rollback of a host of anti-union and other hard-right policies enacted during the gerrymandered Scott Walker years.

Tuesday's match-up is between progressive-backed Judge Lisa Neubauer and Koch Industries/Chamber of Commerce-backed Judge Brian Hagedorn, a protege of former Republican Gov. Scott Walker. Hagedorn has called Planned Parenthood a "wicked organization" devoted to "killing babies", described the NAACP as "a disgrace to America", and argued "The idea that homosexual behavior is different than bestiality as a constitutional matter is unjustifiable."

But while voters in WI directly select their Supreme Court at the ballot box (which I am no fan of), the U.S. Supreme Court is a different matter. After Senate Republicans stole what should have been a Democratic majority on the court in 2016 by refusing to even hold a vote on Judge Merrick Garland, Barack Obama's nominee to replace the late Justice Antonin Scalia, GOP Senate Leader Mitch McConnell held the seat vacant for a year before unilaterally changing Senate rules to do away with the filibuster to allow Neil Gorsuch to be seated on the high court. Later, under those same changed rules, the far-rightwing, accused sexual-predator Brett Kavanaugh was similarly added to the Court, likely cementing a generation of GOP-control.

In response, many progressives --- even Presidential candidates --- are now calling for the expansion of SCOTUS if Democrats can regain control of the U.S. House, Senate and White House next year, in order to restore a liberal-leaning majority that arguably should have been theirs in 2016. Naturally, McConnell is already decrying the idea, describing it on Thursday, ironically enough, as "an unprincipled power grab...that would threaten the rule of law and our American Judicial system." He cites the attempted court packing by Franklin D. Roosevelt in the 1930s to support his notion that changing the size of the Court is "a thoroughly discredited idea".

We're joined today by Wisconsin attorney and former state Supreme Court nominee TIM BURNS for both thoughts on Tuesday's crucial election in the state ("The stakes are huge," he explains) and the little-known history of "court packing" in the U.S. More specifically, Burns, who wrote about the issue recently at The New Republic, discusses the seven different times since the founding of our republic when the number of seats on the U.S. Supreme Court has been changed by Congress, including under one of our founders Thomas Jefferson and even under Republican Party icon Abraham Lincoln.

Burns, who serves on the board of the progressive Wisconsin Justice Initiative and the national board of the American Constitution Society, argues that contrary to misleading claims by McConnell and fellow Republicans, changes made to the size of SCOTUS by the Legislative and Executive Branches, as called for by the U.S. Constitution, have been healthy for the nation, often coming "hand in hand with some of the most vibrant periods of our democracy," and in response to the out-sized growth of corporate power.

"There have always been these predictions of the utter ruin of our democracy if the size of the Court is changed," Burns tells me. "The truth is, the Court's been viewed favorably even after its size has changed." And while he says that it's "entirely possible" that Republicans could then do the same thing once they regain power, "that doesn't spell the doom of our democracy. It says that our democracy is working. The political power rests with the voter instead of nine lawyers, judges on a Supreme Court."

Perhaps that's why Senate GOPers this week have introduced a measure calling for a Constitutional Amendment to keep the number of seats on the Court at nine. Good luck with that, boys.

Most interesting, however, may be Burns' fascinating recounting of what happened when FDR attempted unsuccessfully to expand the Court in what McConnell falsely described as an historic event that resulted in the idea of "Court Packing" becoming "synonymous in American history with the idea of an unprincipled power grab". What actually happened in the 1930s, and why the Court was ultimately not expanded under FDR is a fascinating bit of lost history and quite different from the way it has been described in lore. The truth places new calls to expand the Court today, during this period of unprecedented partisanship and class-divide under a hard-Right SCOTUS, into a very different light and perspective as this debate kicks off both in the nation and among Democrats vying for the 2020 Presidential nomination....

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Guest: WI journalist John Nichols; Also: More good election news in AK; MO Repubs move hand-marked paper ballot bill forward; PA opens door to more unverifiable voting; MLK's assassination, 50 years ago today...
By Brad Friedman on 4/4/2018 6:30pm PT  

On today's BradCast: It was a huge night in Wisconsin on Tuesday, as a progressive candidate for the state Supreme Court trounced a so-called 'conservative' who was backed by another full court press by state and national GOP groups. [Audio link to show follows below.]

It was the first such victory for a progressive vying for an open seat on the state's high court in almost 25 years. Or, as our guest today, author/journalist and Wisconsin's own JOHN NICHOLS describes it: "The first statewide race that really pitted left against right in this kind of way, in the country, in 2018. And the progressives won. And they didn't win by a little."

In fact, the reported results find that progressive Milwaukee County Circuit Court Judge Rebecca Dallet crushed Sauk County Judge and GOP attorney Michael Screnock, "literally a point-man for much of [Gov. Scott] Walker's agenda", says Nichols, by 12 points. Walker also saw his ballot proposition that would have done away with the statewide office of Treasurer --- allowing the executive office more control over billions in public education funds and tens of thousands of square miles of public lands --- defeated by an even larger margin.

For his part, Walker, who faces re-election this November, took to Twitter to warn again of a "#BlueWave" coming this November, a continuation of the "WAKE UP CALL" panic he first unleashed after a long-held Republican seat in the State Senate was lost to a Democrat in a special election in January. Nichols observes: "One of the most disciplined political figures in the United States, a guy who really, by any measure, keeps his calm through some of the toughest political fights you've seen, appears to be losing it. He appears to be freaked out by election results he can't control."

"I must say it's especially nice to be talking about something good happening in Wisconsin, rather than our many complex and sad stories," adds Nichols, describing last night's outcome as "the first genuinely good election night for Wisconsin progressives" in many years.

Nichols and I also discuss --- and, yes, debate --- the danger to democracy posed by partisan judicial elections like those in the Badger State and elsewhere across the country. And The Nation's Washington Correspondent and longtime Associate Editor of Madison, Wisconsin's Capital Times also rings in with his thoughts on whether U.S. House Speaker Paul Ryan (R-WI) could actually be unseated this November and/or whether he might drop out of the race all together.

Also today: Progressives in Alaska appear to have defeated a so-called "bathroom bill" referendum in Anchorage that would have gutted the city's anti-discrimination law for transgender people; GOP-backed legislation to replace 100% unverifiable touch-screen voting systems with HAND-MARKED paper ballots moves forward in Missouri's state legislature, despite shameful resistance from Democrats; And Pennsylvania begins to move away from 100% unverifiable touch-screen voting, but leaves the door wide open for unverifiable computer-marked paper ballots, using weasel words in its announcement for vendor bids, seeking systems that feature a "voter-verifiable paper ballot or voter-verifiable paper record of votes cast by the voter" (as opposed to systems featuring hand-marked voter-verifIED paper ballots.)

Finally, we pause to honor the memory of Dr. Martin Luther King, Jr., who was assassinated 50 years ago today --- while the fight for "what kind of nation we are and what direction we want to move in," as Bobby Kennedy asked on the night of King's death, still continues...

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Guest: VotePA's Marybeth Kuznik on insane 'recount' laws and 100% unverifiable voting systems in Pennsylvania
Also: What good are paper ballots if nobody can afford to actually count them?...
By Brad Friedman on 11/29/2016 5:52pm PT  

On today's BradCast: The newly insane cost for a "recount" in Wisconsin and the even more jaw-droppingly insane voting system and "recount" laws in Pennsylvania. [Audio link to today's show is posted below.]

Barriers against citizen oversight of 2016 Presidential election results continue, even as the campaign of the Green Party's Jill Stein works with tens of thousands of citizens to try and overcome them in three different states where she is seeking "recounts". (For the record, if you're wondering, The BRAD BLOG generally uses quotes around the word "recount" to denote post-election hand-counts of ballots which have never actually been counted by human beings, but rather, only tabulated by computers during the official tally. It's impossible to know whether those computers actually tallied votes accurately unless paper ballots are examined by hand.)

The WI Election Commission informed the Stein campaign (and independent candidate Rocky De La Fuente, who has also filed for a "recount" there) yesterday that she will have to pay $3.5 million to even begin counting paper ballots in the state. I've confirmed with her campaign that she intends to do so, even after state election officials had originally estimated the fees to be $1 million for a statewide recount. That, even as state law has recently changed to allow counties to use computers to "recount" ballots, rather than public hand-counts. As we've long reported, similar barriers are often erected to block citizen oversight of elections, begging the question again: What good are hand-marked paper ballots if nobody is actually allowed to count them?

But the situation is far worse in Pennsylvania, where voters in most of the state are forced to vote on 100% unverifiable touch-screen systems and the state's arcane "recount" statutes require tens of thousands of voters to file affidavits (3 in each precinct) asking for such counts.

Longtime election integrity champion and VotePA.us founder Marybeth Kuznik joins us with details on what is now going on in the Keystone state towards that end, and to help explain the insanity of the state's unverifiable voting systems and the near-incomprehensibility of its "recount" laws.

"Pennsylvania election law is so convoluted," she tells me, while explaining the requirements for three voters in each of the state's 9,163 precincts (that's 27,489 voters!) to file a complaint in order to have a statewide voter-initiated count. She also explains the second route towards such a count, which requires 100 voters to file in the Commonwealth Court.

In either case, since much of the state uses unverifiable touch-screens, there is often nothing at all to count, even if a count is allowed! "They'll print out the Election Night tapes. They'll bring out some sort of a printout from the central tabulator. Usually they just bring out results. They look at the precinct tape, they look at the precinct printout, they go 'Hmm, that looks the same to me!', and everything's good. That's the recount!," Kuznik explains. "The thing is, of course it's going to be 'good'. The same software that counted on Election Night and printed out that tape is what's counting and printing out this result paper that they compare. It's nuts. It's just crazy."

As you'll hear, it's even worse than I've described it here. But, that's how it still works (or doesn't) in PA, after all of these years, and even in light of a forensic analysis by computer scientists of just one PA county voting system in 2011, after vote-flips were reported and candidates received zero votes in several elections in heavily-Republican Venango County. (See our exclusive special report and documents here.) That landmark study found, among other disturbing things, as we reported at the time: "unexplained, out-of-sequence activity log entries in the computer tabulation system, indications that the system was mounted several times with a 'USB flash drive' device, and, perhaps most troubling, evidence that the system was repeatedly accessed by an unidentified remote computer, for lengthy periods of time, on 'multiple occasions.'"

Those same systems --- and even worse ones --- are still used today across the state in 2016, as the fate of the world relies on them. Yes, as we've been warning you for more than a decade: "It's just crazy."

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Guest: Brennan Center's Alicia Bannon | PLUS: More emails, more racism, more lies, more wingnuttery...
By Brad Friedman on 10/28/2016 5:54pm PT  

On today's BradCast: While the national media is obsessed with Trump, a record amount of dark money from undisclosed corporate sources is being spent on judicial elections at state Supreme Courts. Also: A whole lotta other breaking news today, from a new development in the Hillary Clinton email probe, to some white, armed hooligan wingnuts getting off the hook for an armed federal takeover, to one U.S. Senator likely killing his own re-election chances during a debate last night. [Audio link to complete show posted below.]

On today's interview, Alicia Bannon, Senior Counsel at the Brennan Center's Democracy Program, joins us to explain the flood of outside spending from corporate, dark money sources now pouring in to state Supreme Court elections around the country, as detailed in her new analysis published this week. We also discuss the disturbingly increasing politicization of judicial elections and why it is that judges are selected by elections at all in some 38 states.

"Around the country, we've been seeing these elections become higher cost, more politicized, and attracting a lot of special interest attention," she tells me. And that's worrying, because, among other reasons, "a judge needs to be deciding cases based on their understanding of what the law requires and the facts that are in front of them, and not out of fears of what that's going to mean for fundraising in the next election cycle, or what's going to be the subject of their next attack ad."

While judicial elections "were actually a reform measure," when originally introduced in the 19th century because "there was a concern that those judges were too closely aligned with the political branches," Bannon explains, in the wake of Citizens United and other measures that have increased the flow of money into politics, judicial elections, "are putting even more pressure on judges because of the money involved and the conflicts of interest that get created."

We go on to discuss a number of such judicial conflicts of interests, from the remarkable case of the state Supreme Court in Wisconsin to the election that will determine the balance of the Supreme Court in North Carolina next week, to the judicial campaign being funded in no small part by fossil fuel interests in Louisiana, where the same corporate funders are facing legacy environmental cases to be decided by the very same court.

Bannon, who also clerked for Sondra Sotomayor when she was an appellate judge on the U.S. 2nd Circuit Court of Appeals, also shares a bit of personal insight on the U.S. Supreme Court Justice.

Also today: The FBI notifies the U.S. Senate that they have found some additional emails in a separate investigation that may relate to their probe of Hillary Clinton's email server and the cable "news" industry predictably freaks out; The Bundy Brothers are acquitted at trial, for some reason, after their six-week armed takeover of a federal wildlife facility in Oregon earlier this year; Donald Trump fails to put up the $100 million he had promised to his own campaign; and Illinois Sen. Mark Kirk (R) offers an outrageously obnoxious racial slur during a debate with his opponent, double-amputee Iraq War veteran Rep. Tammy Duckworth (D)...

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Guest: Campaign Legal Center's Brendan Fischer on smoking gun emails leaked from quashed state criminal probe of Wisconsin's Governor...
By Brad Friedman on 9/15/2016 6:46pm PT  

Today on The BradCast, startling revelations from the massive document dump of emails and other materials from the currently-quashed state criminal investigation into Wisconsin Gov. Scott Walker's 2012 recall election fundraising. [Audio link to show posted below.]

The Guardian's remarkable 1,300 page leak of documents from the so-called "John Doe investigation" of Walker's illegal collusion with "independent" third-party non-profit groups is, in many ways, jaw-dropping. As we discuss on today's show, in addition to that collusion, the leaked emails also reveal state GOP operatives preparing to declare massive Democratic voter fraud, without a shred of evidence in support, in order to try and win a very close 2011 election for state Supreme Court Justice David Prosser. The rightwing Justice would ultimately ensure a Walker-friendly majority on the court to support the Governor's controversial union-busting law.

"Do we need to start messaging 'widespread reports of election fraud' so we are positively set up for the recount regardless of the final number? I obviously think we should," writes one of the GOP operatives in one of the emails as results from the tight race came in. "Talk radio needs to scream the Dems are trying to steal the race...We need to declare victory first so it appears that the results are being overturned if they go the wrong way." Sound familiar?

[You can see what came of that recount, which we covered extensively back in 2011, including exclusives revealing, among other irregularities, ballot bags ripped and discovered "wide open" with mismatched or missing serial numbers as well as ballots found completely unsecured and other similar messes and mistallies across the state. My 2011 interview with Prosser's challenger, then Asst. Attorney General Joanne Kloppenburg, after she was ultimately forced to concede, thanks in no small part to the dishonest scheming applied by the operatives cited above, is right here.]

Attorney Brendan Fischer, Associate Counsel at the Campaign Legal Center in D.C., joins us to help unpack the breathtaking smoking guns revealed by these newly-disclosed documents, after the state's probe of Walker was shut down by the very same elected Justices on the state Supreme Court whose elections were funded by the exact same corporate millionaire and billionaire donors and illegal mechanisms revealed by the quashed documents. Yes, it makes my head spin too.

"These documents show the breadth of the coordination scheme that Walker was engaged in," Fischer tells me. "It shows that what the Republican and Democratic prosecutors in Wisconsin were looking into with this investigation was really significant. It was a broad scheme to evade the state's corporate contribution limits and disclosure requirements. And that was very explicit. The purpose of Walker coordinating was to evade disclosure laws, to allow corporations and controversial donors to support Walkers' re-election without any sort of public disclosure or public accountability. That was not a bug in this coordination scheme, that was the purpose from the beginning. And the emails show that very clearly."

You really need to listen to today's show to get the full picture of what happened, and how this scheme has served as a template for GOP elections all over the country now (including the very same donors behind Donald Trump's campaign and, indeed, as we learn, including Trump himself who gave money to the "independent" Wisconsin Club for Growth on the very same day he met with Walker in NYC.) Fischer also describes, for example, the lead paint manufacturer who secretly donated $750,000 to the tax-exempt, non-profit "social welfare" group before state Republicans slipped in a provision to a budget bill that granted immunity to his company in the face of lawsuits from hundreds of children poisoned by the paint. "The public was unable to connect the dots between the secret three-quarters of a million dollar contributions to Wisconsin Club for Growth and the later policy decisions that Walker took" on behalf of the donor, explains Fischer.

"Bigger picture, this is one of those rare snapshots into how 'dark money' works," he says. "When you look at these documents, the two [Walker and WCfG] are interchangeable. This was not an instance where Walker's campaign had a few conversations here and there with Wisconsin Club for Growth Officials...Wisconsin Club for Growth was an arm of the Walker campaign."

Fischer also goes on to explain what we might expect as the U.S. Supreme Court considers a motion that could re-open the state's criminal probe later this month. Even if I say so myself, it's a must-listen BradCast today...

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