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Latest Featured Reports | Thursday, December 26, 2024
Silent Nights, Holy Hell
A holiday message from The BRAD BLOG...
Sunday 'Happyish Holidays' Toons
THIS WEEK: Lots of Santa ... Lots of Naughty ... (And a Little of Bit Nice) ... Hark! The tooning angels sing! Glory to this year's collection of the best Hanuchristmaka toons!...
Trump Gets Trumped in Our Musky Year-End Roundtable: 'BradCast' 12/19/24
Guests: Heather Digby Parton of Salon, 'Driftglass' of 'Pro Left Podcast'...
'Green News Report' 12/17/24
  w/ Brad & Desi
Biden EPA grants CA waiver to phase out all-gasoline cars; Microplastics linked to cancer; PLUS: GOP plan to expand natural gas exports would drive up prices for Americans...
Previous GNRs: 12/17/24 - 12/12/24 - Archives...
About Some of Trump's 'Day One' Threats: 'BradCast' 12/18/24
Guest: Joshua A. Douglas on voting laws, Presidential powers; Also: House panel to release Gaetz report; Trump plans for reversing Biden climate, energy initiatives...
Trump Family Corruption Cometh...So Does Our Opposition: 'BradCast' 12/17/24
Immunity denied to felon Trump in NY; The Family's crypto-corruption on display in UAE; On overcoming 'militant pessimism'...
'Green News Report' 12/17/24
'Apocalyptic' cyclone slams Indian Ocean island; Malaria on the rise; Swiss ski resort gives in to climate change; PLUS: Biden EPA finally bans cancer-causing chemicals...
Mistallied Contests Found in OH County, as Oligarchy Rises in D.C.: 'BradCast' 12/16
Also: FBI informant 'guilty' to lies about Ukraine 'bribes' to Bidens; Trump Cabinet donated millions; Tech/media billionaires pay tribute...
Sunday 'Barrel Bottom' Toons
THIS WEEK: Kashing In ... Billionaire Broligarchy ... Slow Learners ... Exiting Autocrats ... and more! In our latest collection of the week's best toons...
Trump Admits He Can't Lower Grocery Prices (Biden Just Did): 'BradCast' 12/12/24
Also: 1,500 commutations; I.G. on FBI & 1/6; NC GOP power grab; Dick Van Dyke sends us home smiling...
'Green News Report' 12/12/24
Firefighters struggle to contain Malibu wildfire; Planet getting drier, new study finds; PLUS: Arctic has shifted to a source of climate pollution, NOAA reports...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Guest: Campaign finance expert Craig Holman of Public Citizen; Also: Two (generally) encouraging SCOTUS rulings on CFPB funding and a second Black-majority U.S. House district in Louisiana...
By Brad Friedman on 5/16/2024 6:55pm PT  

It's received almost zero attention or notice, but the Republican appointees to the Federal Election Commission on Thursday tried to overturn a bedrock principle of American democracy: transparency of contributions and the identities of donors to political campaigns. The move caught us here at The BradCast by surprise, but we feel slightly better after hearing that our guest today, one of the nation's foremost experts on campaign finance, also just learned about this unprecedented effort. [Audio link to full show follows this summary.]

BUT FIRST UP... Two unusual rulings from the packed, stolen and corrupted U.S. Supreme Court. Unusual for several reasons. One, because both oppose rightwing advocacy. Two, because a majority of rightwingers on the Court voted in favor of both of them. And three, because the Court's liberals voted in a bloc against one of them! We try to make sense of all of that for you today in each of the two rulings.

One came late on Wednesday, when the Court invoked the so-called Purcell Principle, which prevents changes to election rules, laws and district maps too close to an election, theoretically in order to avoid confusion by voters or election administrators. But this principle is opportunistically invoked by the rightwing Court when they feel like it --- even it means allowing, for example, the use of a U.S. House District map that has been found unconstitutional by the courts --- and ignored when they don't.

Their unsigned shadow-docket ruling [PDF] on Wednesday, however, invoked Purcell to allow a U.S. House District map that was newly approved by Louisiana's GOP-controlled legislature. It adds a second Black-majority voting district in the state after its previous map was found to be in violation of the Voting Rights Act following a years-long legal fight. But after the new map was approved by the state earlier this year, a group of self-described "non-Black voters" sued, claiming the new map was an unlawful racial gerrymander. A 3-judge panel on the 5th Circuit agreed and ordered a new new map. That is the order that was blocked on Wednesday by SCOTUS, allowing the second Black-majority district to stand as is, at least for 2024, even as the Court's liberal Justices, to the surprise of many, voted in against the rightwing majority. If you're confused as to why, tune in! We explain all!

The other unusual SCOTUS ruling came today, via a 7 to 2 majority opinion [PDF] written by Justice Clarence Thomas(!) and opposed only by fellow rightwing Justices Sam Alito and Neil Gorsuch. The majority opinion rejected an effort by the sleazy payday lending industry to kill the federal Consumer Financial Protection Bureau (CFPB).

The CFPB was the brainchild of Elizabeth Warren during the Obama Administration, before she became a U.S. Senator. It was created on the heels of the subprime mortgage crisis that led to the Great Recession. To avoid industry influence on funding of the federal government's only consumer-oriented agency, it was housed inside of the Federal Reserve and allowed to draw up to $600 million per year for its budget, rather than go through the Congressional appropriations process each year. The payday lender group filed suit to argue the CFPB's funding mechanism ran afoul of the Constitution's Appropriations Clause and, therefore, all of the CFPB's actions since its 2010 founding, including billions of dollars in fines leveed against their industry, must all be rolled back and the agency dissolved.

Thomas, the Court's liberals, and three more of its Republican appointees flatly rejected the lender's case. They held that, though its funding mechanism is somewhat outside the norm, Congress may still change the way it is funded at any time. Also, as the majority opinion notes, there have been other agencies, such as the Customs Service and USPS, which have had similar, non-annual standing appropriations since the founding of the country.

NEXT... On Thursday, the Federal Election Commission (FEC) held an historic vote on a new rule to allow campaign donors to remain anonymous if they claimed that allowing their identities to become public would lead to harassment. The Federal Election Campaign Act (FECA) already allows some very rare exceptions for members of groups who are shown to have been historically harassed by the U.S. Government itself. Beyond that, however, allowing for campaign donors to remain anonymous challenges the very basis of our system of open, transparent, democratic elections.

We're joined today by CRAIG HOLMAN, longtime government affairs and ethics lobbyist at the non-profit watchdog Public Citizen. He is helping to lead the fight against this startling effort headed up by Trump-appointed FEC Commissioner Alan Dickerson.

The new rule "cuts into the very fabric of a functional democratic society," argues Public Citizen in its public comment against the rule. They note it would "vastly expand the donor [disclosure] exemption far beyond its original purpose, would undermine effective disclosure of the sources of political spending, deprive voters of critical election information, swamp the FEC under a wave of new paperwork, and runs contrary to the core mission of the agency." Other than that, it's great!

"What I really find astounding is that people of all partisan persuasions, Democrats and Republicans, have always believed in disclosure," Holman tells me today. "That's the one pillar of campaign finance law that no one has really come out against. The Republicans may come out against contribution limits, regulation of money in politics, but they always say to have transparency so we know where the money is coming from. This is the very first time that the FEC has encroached upon that principle."

The good(ish) news for now, is that he reports the Commission deadlocked, in a three-to-three vote along partisan lines today. That kills it for the moment. Though, in a second vote today, Holman says they agreed to ask the FEC's General Counsel to study the matter and report back in 75 days. That, he says, is likely to result in a second attempt by Dickerson later this year. Holman says he knows Dickerson to be a "hardcore deregulation" supporter. But "this is the first time the FEC has addressed the actual issue: 'Should we just get rid of disclosure altogether?'"

"Fortunately the FEC deadlocked," Holman says. But "that means three Republicans were saying 'Yes, let's get rid of disclosure!' That's frightening. We only defeated this resolution by a deadlock vote."

Holman has much more on "how absurd" Dickerson's proposal is, and the fact that "it caught us all by surprise." He also fills us in on a petition that he has filed for a new FEC rule that will be voted on next month regarding mandatory disclosure by campaigns when they use deepfake audio and video, created by Artificial Intelligence, to mislead voters.

FINALLY... Desi Doyen joins us for our latest Green News Report, as wildfires continue to explode in Canada; Broadcast media continues to ignore Donald Trump's billion-dollar quid pro quo proposal to Big Oil donors; and Joe Biden takes on China regarding the sale of electric vehicles and solar panels in the U.S...

[NOTE: The BradCast will be off at the beginning of next week due to a family funeral. We'll be back soon!]

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 5/16/2024 10:35am PT  


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IN TODAY'S RADIO REPORT: Canada wildfires expand, threaten oil industry town of Fort McMurray, again; Climate change made extreme heat in Asia significantly worse; PLUS: Broadcast media ignored Donald Trump's blatant, billion-dollar quid pro quo offer to Big Oil... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): DeSantis signs law deleting climate change from Florida policy; A Trump win puts $1 Trillion in US energy investments at risk; How Alabama turned to restrictive deed covenants to ward off flooding claims from black residents; Oakland is now first in the US to have a 100% electric school bus fleet - and it's V2G; Impunity and pollution abound in DRC mining of critical minerals; Persistent Brazil floods raise specter of climate migration... PLUS: Don't fall for 'climate-friendly' beef... and much, MUCH more! ...

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Guests: Heather Digby Parton of Salon, attorney Keith Barber of Daily Kos; Also: MD, NE, WV primary results; Biden, Trump agree to early debates...
By Brad Friedman on 5/15/2024 6:38pm PT  

It has been the most important week in the New York criminal trial of Donald J. Trump, as the last witness for the prosecution, Trump's former attorney and fixer Michael Cohen took the stand. The court is off today, so we have time on today's BradCast to catch our breath for yet another Trump Trial "ketchup" show for you. [Audio link to full show follows this summary.]

BUT FIRST, we've got a few noteworthy results from Tuesday's primary elections in Nebraska, Maryland and West Virginia, where, once again --- other than in WV --- Joe Biden outperformed Donald Trump among their respective party voters. Yes, the zombie campaign of Nikki Haley keeps on going. The former South Carolina Governor, who dropped out of the race months ago at this point, won 20% of the GOP vote in MD, while she and one other GOP candidate (that few have heard of) won about the same percentage among Republicans in Nebraska. In both states, Biden outpaced Trump among his own party's primary voters. FWIW.

On Wednesday, Biden threw down the gauntlet to challenge Trump to two early debates hosted by media outlets --- in a studio, without an audience --- rather than by the non-partisan Committee on Presidential Debates. The Biden-Harris Campaign explained their several reasons for pre-empting the CPD in a letter. They are mostly good ones. Among them, the fact that the group has failed to update its schedule for debates to hold them before tens of millions of Americans have already cast their ballots this year via early and absentee voting.

Trump quickly accepted the challenge, and within hours the pair had agreed to allow CNN host the first debate in Atlanta on June 27, and ABC to host the second on September 10.

THEN, it's on to today's coverage of noteworthy news from the 5th week of the first-ever criminal trial of a former American President. We're joined again today for insight and commentary by HEATHER DIGBY PARTON, award-winning Salon columnist and Hullaballoo blogger, and former attorney and former Republican KEITH BARBER, who now blogs on legal matters as "KeithDB" at the progressive Daily Kos.

Among our many topics of discussion today...

  • Parton discusses the embarrassing parade of elected Republican deplorables now showing up at the courthouse in Manhattan --- mostly in red ties and navy suits --- to display their love for the boss, audition to become his Vice Presidential nominee, and/or say the things that the Court has barred Trump from saying via a gag order. Among the "toadies [who] came a-croaking," as Barber quips: Senators JD Vance (OH) and Tommy Tuberville (AL), Rep. Byron Donalds (FL), Gov. Doug Burgham (ND), Vivek Ramaswamy, and, perhaps most shamefully from the former "Rule of Law" party, House Speaker Mike Johnson (LA). "These people are playing to Donald Trump," explains Parton, along with the warning that many of them are "the Michael Cohens the future."
  • This week's critical testimony of Michael Cohen --- who Parton describes as a "diminished, humiliated man sitting on the witness stand having to admit, over and over again, that he was a liar, a fool, a dupe, he got sent to jail, all in service to Donald Trump" --- and the "smoking gun" bank statement featuring proof of Cohen's $130,000 hush-money payment to porn storm Stormy Daniels. That document, we have now learned, also features Cohen's own hand-writing and that of former (now jailed for perjury) Trump Organization CFO Allen Weisselberg. Their marginalia details how the falsified reimbursements to Cohen, fraudulently described in the Trump Org's books as "legal retainer" fees, would be made in $35,000 monthly payments by Trump during his first year in the White House. But, as importantly, Cohen testified that Trump personally approved the fraudulent reimbursement scheme during a meeting at Trump Tower with both Cohen and Weisselberg present after Trump's hush-money scheme helped him to win the 2016 election.
  • Barber describes what he saw as a surprisingly limp start to cross-examination of Cohen by Trump's lead attorney, Todd Blanche, on Tuesday and how, frankly, Team Trump doesn't seem to have much to work with after the Prosecution spent much of their direct examination "inoculating the jury" to Cohen's many years of lying on behalf of Trump before he came clean and pleaded guilty to many of the crimes Trump is now being held to account for. Trump's attorneys have presented no alternative theory in the case, says Barber. Which also means they are unlikely to offer much, if any, defense case at all after the Prosecution rests. On Tuesday, they informed the judge that Cohen will be their final witness. Team Trump, meanwhile, is still pretending that Trump might actually testify. (He won't.)

Cohen's cross-examination of continues and likely completes on Thursday, and then the court will be off on Friday to allow Trump to go to his son Baron's high-school graduation (if the disgraced former President actually bothers to show up for it.) But it's been a fascinating and critical week of testimony so far, including Cohen's explanation of how he spent years "knee-deep in the cult of Donald Trump".

"Cult of Donald Trump"? What "cult of Donald Trump"?...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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U.S. law enforcement has long sided with the right against peaceful anti-war, environmental, racial and economic injustice protesters...
Update, 5/17/24: Paradox of police power covered by newly released Netflix film, 'Power'...
By Ernest A. Canning on 5/15/2024 10:05am PT  

The May 3 article that appeared in UCLA's campus newspaper, the Daily Bruin, was disturbing but not surprising. The LAPD stood idly by as a group of "tear gas" wielding, pro-Israel "counter-protesters" violently attacked a pro-Palestine protest encampment. The attack reportedly went on for nearly four hours before the LAPD moved in, not to stop counter-protester violence, but to breakup the encampment.

In a formal Statement, staff members of the UCLA History Department noted:

LAPD advanced on the student encampment, pushing and herding them, using the tactic of kettling. Forced closely together, the students made easy targets for police who shot them with stun grenades, chemical agents, and rubber bullets. Police beat them with batons and shot them with rubber bullets, striking one student in the face with a rubber bullet. At least twenty-five students had to be hospitalized. They then arrested approximately 200 students, staff, faculty, dragging visibly injured students away.

The history professors chastised both University of California administrators and the LAPD for their "disregard" for "students' safety and their right to express their views."

The professors weren't the only ones to express concern for law enforcement's failure to intercede as pro-Israel "counter protesters" violently attacked the encampment. California's Democratic Gov. Gavin Newsom, according to the Los Angeles Daily News, "called for investigations into [why the] pro-Israeli counter-protesters' attack...was allowed to rage for several hours with little to no police intervention."

Sadly, the story, as recounted by the Daily Bruin and the UCLA history professors, is on the continuum of well over a century of right-wing bias on the part of local, state and federal law enforcement against those who exercise First Amendment rights to engage in non-violent strikes or in peaceful, anti-war, environmental, and civil rights protests....

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 5/14/2024 10:45am PT  


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IN TODAY'S RADIO REPORT: Canada's fire season erupts, forcing evacuations, as wildfire smoke chokes U.S. Upper Midwest; Record-breaking increase in carbon dioxide levels in the world's atmosphere; PLUS: Michigan is newest state to sue Big Oil for mounting climate damages... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Biden's EV tariffs give U.S. automakers a fleeting chance; FERC shakes up power industry with landmark grid rule; El Niño to end by June, La Niña seen in second half of 2024; Cloud brightening study in CA halted by local officials; Greenhouse gas milestone; CO2 levels set record; Alabama uses deed covenants to ward off flooding claims from black residents; Why you CAN recycle pizza boxes, and other recycling myths debunked; World’s top climate scientists expect global heating to blast past 1.5C target... PLUS: Where will you go if your town disappears into the ocean?... and much, MUCH more! ...

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Guest: Dr. John Maa; Also: Bannon appeal denied; Giuliani fired; Trial begins for Menendez; Cohen takes stand in Trump's NY criminal case...
By Brad Friedman on 5/13/2024 6:23pm PT  

We've got a whole lotta Trump accountability news (and some for one high-ranking Democrat as well) since we last spoke to you on The BradCast last week. We'll get you up to speed on all of that today, but not before getting caught up on a crazy recount situation out here in the Golden State which I hope does not serve as a precursor to election challenges this Fall. [Audio link to full show follows this summary.]

The March 5th Super Tuesday primary elections here in California ended in an exact tie in the race to fill the Northern California U.S. House seat being vacated by long-serving, now-retiring Democratic Rep. Anna Eshoo in the state's 16th Congressional District.

The exact tie --- with 30,249 votes for each candidate --- was not for first place, but for second place. Since 2010, California has used a Top-Two primary system where all candidates in a race, from any and all parties, run in the same primary. The top two vote getters --- regardless of party --- then move on to the general election in November.

In the CA-16 race, with 11 candidates running in March, former San Jose Mayor Sam Liccardo won with a fairly comfortable 5 point margin. In second place, however, Santa Clara County Supervisor Joe Simitian and state Assemblymember Evan Low were tied according to the certified results in early April.

Under CA law, that meant all three --- all Democrats in the very left-leaning Bay Area district --- would advance to the general, for the first time in CA's Top-Two primary history. That left all three men seemingly happy enough. Liccardo, in first place, would have his competition split between two competitors and Simitian and Low would each go to the general election. Neither dared asked for a recount, because a single change of even one vote would knock one of the second-place finishers out.

CA law doesn't allow for an automatic, state-funded recount in such closes races (as dozens of other states do). But it does allow any voter to request a recount in any race they like, so long as they are willing to pay for it. If the final recounted results cause a change to the certified results of the election, the requester is supposed to be refunded. At least, in theory.

A guy by the name of Jonathan Padilla sought a recount in the race. He filed on behalf of Low, because you have to file on behalf of one of the candidates, even though Low says he had nothing to do with the request. Padilla, it seems, had worked for first-place finisher Liccardo during his 2014 run for Mayor in San Jose, though not lately. And while Liccardo says he knows nothing about Padilla's effort here, and nobody seems to know who actually funded the recount, it was carried out over several weeks recently in both San Mateo and Santa Clara Counties, which the 16th CD splits across.

Padilla was initially told that the recount would cost about $320,000 in Santa Clara alone. It would cost another $84,000 to recount in San Mateo, astronomically high numbers in a state which still allows County Registrars to charge pretty much anything they like. Those charges vary wildly from county to county (as we have detailed multiple times over the years) and all votes cast in a race must be re-tallied in order for results to be official recertified.

The costs to Padilla were then largely cut in half once he agreed to a recount by the same computer scanners that tallied the ballots in the initial count, rather than by a manual hand-count wherein results can be known to be accurate.

In any event, please tune in to find out who won the recount (by just 5 votes total!) and why it is that the CA Sec. of State now says Padilla is not due a refund after all, even though the results of the recount changed the results of the election to send just two candidates, instead of three, to this year's general.

We're joined today by DR. JOHN MAA, a San Francisco-based surgeon who was the first voter ever in California to seek and fund a statewide recount of a ballot initiative way back in 2010. He has become a bit of an expert in CA recounts since then, and advised both Low and Simitian during the recent 16th District recount.

Maa explains a number of vulnerabilities in CA's antiquated recount laws that were once again exposed by this latest recount, from seemingly arbitrary costs to requesters in each CA county (making recounts unaffordable to all but the weathiest of voters or candidates), to the concerns about retallying votes by the same computer scanners that tallied them in the first place, to the absurd ruling by the SoS that Padilla should not be refunded for the entire thing.

"Ultimately, I believe that the requester is a hero for Election Integrity," Maa tells me about Padilla. "And they bore the cost of what I believe that the Registrar's office should have done, because their certification of a tie was actually in error."

Tune in for much more.

THEN, in the second half of today's program, we get caught up on a whole bunch of legal woes for Donald Trump and several of his top supporters, as well as accountability for New Jersey's sitting Democratic U.S. Senator Bob Menendez, who is accused, along with his wife, of bribery and corruption to the tune of hundreds of thousands of dollars. His criminal trial began jury selection in Manhattan today.

As to the Trumpers, 2016 Campaign Manager and top Trump White House Advisor Steve Bannon's appeal was rejected late last week in the two Contempt of Congress charges he was found guilty of, resulting in a four-month sentence for defying subpoenas from the Congressional Committee investigating the Trump-incited January 6th insurrection. Bannon has a few more appeal options left before he, like White House trade advisor Pete Navarro (already serving four months for the same crime) is sent off to a federal penal facility.

Trump's disgraced 2020 attorney and former NYC Mayor Rudy Giuliani --- who is also facing criminal charges in Arizona and Georgia, a bunch of civil lawsuits and has already been found liable for $148 million for repeatedly defaming two Atlanta poll workers in 2020 --- was fired from his daily radio show gig at WABC in New York. Apparently, the billionaire Republican owner of the station let him go because Rudy refused to stop lying about the results of the 2020 election on air. Sad!

And, also in New York on Monday, Trump's former personal lawyer and "fixer" Michael Cohen finally took the stand to offer pivotal testimony in the disgraced former President's first criminal trial on 34 felony counts related to the falsification of business records meant to hide his White House repayments to Cohen for hush-money given to porn star Stormy Daniels to help him win the 2016 election.

Oh, and a few callers ring in today as well, in another very busy BradCast to kick off the week!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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A veteran reporter speaks out; DHS marshals election defenses; Lara Trump lies about ballots; Johnson lies about 'illegals' voting; Also: MTG's spectacular fail; Stormy wins the day; Biden finally cuts off Israel...
By Brad Friedman on 5/9/2024 6:22pm PT  

On today's BradCast: Why we're taking sides for democracy in this year's election. And why every real journalist should. [Audio link to full show follows this summary.]

Among the many stories covered on today's program (and not necessarily in this order)...

  • Journalist John Harwood: "As a Veteran Reporter, I've Always Valued Neutrality. But Trump's Threat To Democracy Should be the Biggest Political Story of 2024"
  • USA Today: "Exclusive: Homeland Security ramping up 'with intensity' to respond to election threats"
  • The RNC, recently taken over by Donald Trump in full, is now little more than an election denialist/voter suppression operation (and, of course, a personal ATM for Trump). They recently fired their newly hired election law expert for not pretending enough that the 2020 election was stolen; New co-chair Lara Trump is taking to Fox "News" to spread disinformation about absentee ballots and ballot counting; House Speaker Mike Johnson is introducing a bill to make it illegal for non-U.S. citizens to vote in federal elections --- which is already illegal --- and claiming that, while there may be zero evidence, "we all know intuitively that a lot of illegals are voting".

Also, some news since we last spoke...

  • Republican Rep. Marjorie Taylor Greene tried and then failed spectacularly (thanks to help from House Democrats) to remove the Republican House Speaker again.
  • Stormy Daniels completed her testimony in Trump's 2016 election interference case in New York. The cross-examination, according to many reports, did not go well for Team Trump.
  • Joe Biden finally cuts off offensive weapons to Israel for Benjamin Netanyahu's promised threat of a full ground invasion in southern Gaza.

And finally...

  • Desi Doyen joins us for our latest Green News Report, as tornadoes leave trails of destruction in the U.S.; Florida bans "climate change" as hurricane season begins; House Republicans open a new pretend battle in their "War on Woke Appliances"; and U.S. culture finally begins to reflect climate reality...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guests: Heather Digby Parton of Salon, attorney Keith Barber of Daily Kos; Also: 'Warning signs' from IN primary results; Blankenship's run in WV...
By Brad Friedman on 5/8/2024 5:23pm PT  

Once again, on today's BradCast, we've got a mid-week "ketchup" for you, with everything you need to know about the disgraced former President's still-ongoing, first criminal trial. And it's been a very big week in that regard. [Audio link to full show follows this summary.]

But, first up today, interesting results out of Indiana on Tuesday, where the "zombie campaign" of Nikki Haley, who quit the race two months ago, still racked up nearly 22% of the vote in the Republican Presidential Primary against Donald Trump. (Joe Biden ran uncontested on the Democratic side.)

Next week's primaries will be in Nebraska, Maryland and West Virginia, where former coal baron and federally convicted criminal Don Blankenship --- a hard-right loon --- has decided to run in the Democratic primary to fill the U.S. Senate seat being vacated by rightwing Democrat Joe Manchin. Blankenship lost as the Republican nominee against Manchin in 2018. This year, as a "Democrat", he'll be running next week in WV against staunch pro-union candidate Glenn Elliot and Marine Corp vet and grassroots organizer Zach Shrewsbury. The winner will likely be taking on current Governor and coal baron billionaire Jim Justice who ran for Governor as a Democrat in 2016 before flipping to Republican in 2017 just after he was elected.

Then, it's on to today's coverage of the past week's criminal Trump Trial in New York, where the former (and future?) President faces 34 felony charges related to hush-money payments made to porn star Stormy Daniels to help him win the 2016 Presidential election. Daniels was called by the Prosecution for testimony on Tuesday and, as you likely know by now, it was a bit of a blockbuster.

We're joined today by our old friends HEATHER DIGBY PARTON, award-winning columnist at Salon and longtime blogger at Hullaballoo, and former attorney and former Republican KEITH BARBER, who now blogs on legal and Constitutional matters as "KeithDB" at the progressive Daily Kos website.

Among the topics of today's conversation...

  • Daniels' disturbing testimony about her disturbing, apparently "quasi-non-consensual" (as Barber describes it) sexual encounter with Trump during a celebrity golf event in Lake Tahoe and why specific details of that counter either are or are not important to the Prosecution's case. (Barber: "If Trump invites you to a dinner date, don't expect dinner.")
  • Why Trump's attorneys sought a mistrial on Tuesday, but were rejected by the trial judge.
  • How Team Trump's various over-ruled objections are likely working against them.
  • How the Defense is doing in its attempt, so far, to cross-examine Daniels. (Barber: Trump's team was "too ham-fisted" and "outsmarted by the adult industry star.") The cross continues on Thursday.
  • Why last week's testimony by former, longtime Trump aid Hope Hicks was so important to the State's case, and why she broke down in tears as the cross-examination began. (Parton: "A devastating blow to his defense.")
  • Why Monday's testimony from the Trump Organization's former Controller and its current chief of Accounts Payable was so important to the Prosecution's case.
  • How all of this is being reported (or not) by mainstream media and rightwing media (Parton: "Fox is not covering it. Neither is Newsmax or OAN.") and heard by voters in both cases.
  • Whether the lack, so far, of testimony describing Trump himself as ordering the falsification of business records is going to be a problem for the Prosecution, and whether upcoming testimony by Michael Cohen can fix that.
  • Whether Trump will be held in criminal contempt by the judge for the eleventh time and if he'll actually be given jail time for his next violation of the court's gag-order. (Parton: "Trump doesn't want to go to jail. They don't have hair and makeup people in there." Barber: "He doesn't want to go to jail, no matter how much he'll tell his stupid MAGA followers that he does.")

All of that and much more on today's lively Trump Trial Ketchup show!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Election integrity expert Marilyn Marks; Also: Stormy takes the stand in NY; GA's Republican former Lt. Gov. endorses Biden...
By Brad Friedman on 5/7/2024 6:37pm PT  

On today's BradCast: A new cybersecurity incident has emerged in Coffee County, Georgia. That's the now-notorious rural enclave in the southeastern part of the Presidential battleground state where Donald Trump allies and operatives, in January of 2021, unlawfully breached, copied and distributed the state's proprietary touchscreen voting system software after the 2020 Presidential election. Five participants in that breach were charged with felonies as part of the broad racketeering conspiracy case against Trump filed in Fulton County, GA. [Audio link to full show follows this summary.]

Before we get there today, however, some quick news on Trump's New York criminal trial, where he stands accused of 34 felonies related to hush-money payments made just before the 2016 election to porn star Stormy Daniels. She took the stand today. We cover a few quick details, but will cover that and other related news in more depth on tomorrow's mid-week Trump Trial "Ketchup" program.

Also today, we're happy to announce another very rarely-bestowed BRAD BLOG Intellectually Honest Conservative Award. This one for Georgia's Republican former Lt. Governor Geoff Duncan. The prestigious honor comes in response to his courageous op-ed in the Atlanta Journal Constitution this week, in which he endorsed Joe Biden and encouraged fellow Never Trump Republicans to do the same, noting, "Unlike Trump, I’ve belonged to the GOP my entire life. This November, I am voting for a decent person I disagree with on policy over a criminal defendant without a moral compass."

Then, it's back to Georgia, where the Coffee County Board of Commissioners released a notice [PDF] late last month that they'd been notified by the U.S. Dept. of Homeland Security (DHS) and its Cybersecurity and Infrastructure Security Agency (CISA), 11 days earlier, about "unusual cyberactivity" on the County's local IT system. The terse statement from the County confirmed indications of "cyber-activity by an unknown malicious actor(s)". It claimed that "Steps have been taken to further secure the network and protect Coffee County's IT infrastructure", while noting that it had "informed Federal Authorities of the incident". (Yes, that would seemingly be the same incident that the very same press release says Federal Authorities, DHS and CISA, notified THEM about.)

We're joined today by longtime Election Integrity and Transparency champion MARILYN MARKS of the Coalition for Good Governance (CGG). Marks was the one who first learned about Team Trump's unlawful breach of GA's statewide voting system hardware and software in Coffee County that first took place on January 7, 2021 (the day after Trump's insurrection at the U.S. Capitol.) Her revelations resulted in the charges filed by Fulton County District Attorney Fani Willis against Trump attorney Sidney Powell (who pleaded guilty) and others involved in the Coffee County break in.

As Director of CGG, Marks is also the plaintiff in civil lawsuit in federal court, filed in 2017, seeking to ban GA Sec. of State Brad Raffensperger's mandated use of the state's easily-hacked, unverifiable touchscreen voting systems in favor of verifiable hand-marked paper ballots. The trial in that long-running case, known as Curling v. Raffensperger, was finally held in January of this year. As Marks explains today, plaintiffs are still waiting on a verdict from U.S. District Court Judge Amy Totenberg who oversaw the trial, which included demonstrations from plaintiffs' experts revealing that Raffensperger's systems can be hacked by any voter at the polling place with nothing more than a ballpoint pen.

Today, Marks charges that Coffee County appears to have "hid and concealed" information about the new cybersecurity incident from the Sec. of State's office "for some number of days." Though little is still known publicly about the new hack, she is troubled by the news. "This cannot just be coincidence that there have been two such cyberattacks this year on counties, one in Fulton and one in Coffee. That's it. The two counties that have a lot of information challenging Trump and his allies related to [the earlier breach in Coffee] and the theft of the [voting] software to begin with."

We also get an update from Marks on the status of the Curling case, where it is getting very late in the election year for the judge to issue a ruling that would require Georgia to make hand-marked paper ballots available to voters at the polls this November. Marks, however, remains ever hopeful, noting that the move to hand-marked ballots would require no new equipment above and beyond what is already available at each GA precinct.

Marks also discusses a new Georgia law (signed by Gov. Brian Kemp this evening) that will eventually ban the use of tabulation via QRCodes on computer-marked ballots, requiring computer scanners to tabulate from the ballots' human-readable text that is supposedly verified by voters after it is printed and before its cast. Unfortunately, as she explains, that bill, even if implemented in 2026 as mandated by the legislation, will not make the state's touchscreen Ballot Marking Devices any less vulnerable to manipulation or any more verifiable by the public after an election.

Marks, whose organization found no evidence that Biden's 2020 victory in the Peach State was decided incorrectly, is also offering testimony this week to the GA State Board of Elections, advocating that recounts in the state must be carried out by hand, rather than by the same computerized scanners that tallied ballots in the first place.

"The state law is quite clear, a recount is to be done by hand, for obvious reasons such as the machine [used to tally ballots] is coded wrong," she explains. Otherwise, she adds, you're going to get the same incorrect results "if you just run the ballot back through the machine that is miscoded."

The reason that Trump supporters are still arguing over the 2020 tally in the state, she believes, is thanks to the lack of a public hand-count after that very close election. Raffensperger insisted on a machine tally instead. "All of that could have been solved if they had done a manual recount, as the law required. Which would have allowed Trump to appoint a counter at every table, handle every single ballot. And they would have had a hard time arguing then about counterfeit ballots, wrong counts, no transparency," Marks tells me. "A lot of the problems that we've lived with now over three years would have been solved if they had just followed the law and done a manual recount."

Finally today, we close with our latest Green News Report, with Desi Doyen's coverage of relentless rain and deadly flooding in both Brazil and Houston; the hottest April ever recorded on Planet Earth; and President Biden's unveiling of billions of dollars to spur clean energy production in rural areas and the removal and replacement of toxic lead water pipes across the nation...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Latest in Israel's war on Gaza; Latest in Trump's NY criminal trial...
By Brad Friedman on 5/6/2024 6:52pm PT  

We've got a lot of news from around the globe and right here at home on today's BradCast. Some of it is even not terrible! But, yeah, much of it is. [Audio link to full show follows this summary.]

Among our stories today...

  • It will be eight years next month since the 2016 BREXIT referendum in Great Britain offered a foreboding omen in advance of that year's Presidential election here in the U.S. We'll hope this past weekend's election results for mayoral races in London and elsewhere in Britain --- where the Conservative Party suffered crushing defeats against the Labour Party --- offer a much brighter omen for the UK's national elections later this year and the 2024 Presidential election here in the U.S. in November.
  • On the other hand, hopefully it is not Panama's weekend elections offering us an omen instead. A last-minute replacement for the country's former, popular, charismatic but criminal President --- who is barred from the ballot as he seeks sanctuary in the Nicaraguan Embassy after being sentenced to 10 years in prison for money laundering --- defeated three other rivals to win the Presidency on Sunday.
  • In other foreign affairs, we've got a lot of news out of Israel today. Over the weekend, the government of rightwing Prime Minister Benjamin Netanyahu shut down the local operations of Qatar-based news agency Al-Jazeera in a crackdown being decried by world journalism organizations as an attack on press freedoms. Hamas announced on Monday that it had accepted a cease-fire proposal forwarded via the Egyptian-Qatari based negotiations with Israel, but Israel --- which says it is studying the proposal --- appeared to be rejecting it as they began striking targets in the southern Gaza city of Rafah. That, as the Biden Administration has been warning Israel of threatened changes in U.S. support if a ground invasion in southern Gaza does not include measures to insure the safety of hundreds of thousands of civilian refugees. And all of that follows on what Axios reported last week as a hold placed by the Administration on a shipment of U.S.-made ammo earmarked for Israel, which may now be caught up in President Biden's push for more guarantees about its use by Israel.
  • But I thought the disgraced former President told us that the U.S. Justice Department has been weaponized by Democrats to go after Republicans?! If so, they've got a funny way of showing it. Last year, the DoJ indicted New Jersey's sitting Democratic Senator Bob Menendez (and his wife) on bribery and corruption charges. On Friday, the DoJ indicted Texas' Democratic Congressman Henry Cuellar (and his wife) on bribery and corruption charges. Its almost as if Trump was lying about the justice system being "weaponized" by Democrats to go after him and Republicans.
  • Speaking of our corrupt, lying, former President. Donald Trump was slapped with another fine on Monday for violating the court's gag-order against attacking jurors and witnesses. That brings the total number of contempt violations during his 2016 election interference case to 10. New York Superior Court Justice Juan Merchan once again warned that a jail sentence may be imposed after any more violations. As to the actual trial on 34 felony counts of falsifying business records to hide a hush-money payment made to a porn star to help him win in 2016, the Trump Organization's former Controller and its Accounts Payable Supervisor testified for the Prosecution on Monday about how Trump, while serving in the White House, signed checks from his personal account, fraudulently logged as legal expenses, to reimburse his former attorney Michael Cohen for the hush-money payment to Stormy Daniels.
  • Record flooding from climate change-fueled downpours in a wealthy section of Brazil is being described as among the worst disasters in its history, leading to chaos, the shutdown of highways and airports, hospitals without power, widespread looting, helicopter rooftop rescues, 20,000 left homeless and, so far, at least 83 deaths. "This was the third record flood in the same region of the country in less than a year," lamented Brazil's President, decrying his nation's lack of preparedness for the worst effects of climate change and for the "historic debt" that wealthy nations who caused this problem through the unfettered emission of climate warming greenhouse gasses owe to poorer countries who emitted little of it, but are now suffering the worst of the global consequences nonetheless.
  • Brazil's weekend disaster reportedly evoked scenes from post-Katrina New Orleans and post-Harvey Houston here in the U.S. But, over the same weekend, new scenes from Houston itself evoked the same thing, following days of downpours that pummeled the region and left residents stranded on rooftops requiring hundreds of rescues. Again. Some 23 inches of rain fell in Harris County over the past week, as floodwaters are finally beginning to recede in the nation's third-largest county today. Flood insurance has become all but unaffordable for many residents after years of ever-worsening storms as our global climate crisis continues to tighten its deadly grip. A disaster declaration was issued by the state's Governor in 91 counties impacted by the latest round of extreme weather in Texas.
  • Finally, with increased heat and moisture in the air, traditionally mosquito-free Los Angeles County is mosquito-free no more. County officials are now unleashing tens of thousands of irradiated male mosquitos (which don't bite), as part of a pilot program to target the female population (which do) for a particularly aggressive strain of bugs that have grown more aggressive in recent years, and are now said to be a vector for a number of deadly diseases. All thanks to climate change. Happy Spring!

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guests: Dr. Allison Gill of 'Mueller, She Wrote', Keith Barber of Daily Kos; Also: Dems outperform again in NY; 4th Circuit nixes some PA ballots; Federal judges strike down LA's new Black majority House district...
By Brad Friedman on 5/1/2024 6:15pm PT  

The historic trial for Donald Trump's 2016 election interference indictment continues, but was on a break today in New York. That gives us an opportunity to get caught up with all the action since our previous mid-week "ketchup" episode in the first-ever criminal trial of a former U.S. President. We have much to discuss to that end on today's BradCast, but we first kick it off with some election and voting rights news. [Audio link to full show follows this summary.]

  • Democrats "massively outperformed" pre-election polling yet again on Tuesday, in a Special Election for the U.S. House in New York's 26th Congressional District. Timothy Kennedy was predicted to win the seat by 9 points. He won by 36!!!
  • The Trump-appointee heavy 3rd Circuit Court of Appeals voted to uphold a three-judge panel finding that mail-in ballots with missing or incorrect dates on their outer envelope in Pennsylvania must be tossed out, even though, as both sides agree, that date is used for exactly nothing. If a voter, for example, writes 2023 instead of 2024 on the ballot's outer sleeve this November, it cannot be counted, according to the Court. Democrats disproportionately vote by mail, as compared to Republicans, in the Keystone State. Voting Rights advocates are now deciding whether to take the matter to SCOTUS (good luck with that) or rehear the matter on a different basis at the trial court. Both options offer a perilous path before this year's election in the critical battleground state.
  • In an absolutely twisted ruling, a three-judge federal panel ruled on Tuesday struck down Louisiana's newly-drawn second majority-Black U.S. House district, declaring it to be "an impermissible racial gerrymander". The new House map was approved by the state's GOP-controlled legislature earlier this year after they'd lost their long fight in federal court against adding a second Black voting district in a state which has long had just one (out of six), despite Black voters comprising one-third of the state. The new map with the newly redrawn district was already used to select candidates in the state's primaries last month. As explained today, this is likely to become a real test of the corrupted U.S. Supreme Court's often opportunistically used, so-called "Purcell Principle".

NEXT, we're joined by longtime Trump-crime watchers DR. ALLISON GILL of the notorious Mueller, She Wrote and The Daily Beans Podcast, and attorney KEITH BARBER of Daily Kos. Among the topics we finally get caught up on today...

  • Why Trump is reportedly furious at his attorneys.
  • Trump's Tuesday conviction on criminal contempt of court charges for violating his gag order nine times, and what those charges may mean for the bail conditions in his three other criminal indictments.
  • How Trump is benefiting from --- and staying out of jail due to --- an obviously two-tiered justice system.
  • Drowsy Don's reported inability to stay awake during the trial, why it's happening and what jurors are likely to make of it.
  • What we've learned from recent witnesses including CSPAN's archivist; Stormy Daniels' and Karen McDougal's former attorney Keith Davidson (and why they both had the same attorney?!); and Gary Farro, the banker who set up the account that then Trump attorney Michael Cohen used to send $130,000 in hush-money to Daniels just before the 2016 election.
  • Why Trump's family, friends and supporters are largely failing to show up for him in NY at all.
  • And how convicted rapist Harvey Weinstein's recently overturned NY conviction may affect the case against our disgraced former President...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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NY judge finds Trump in criminal contempt; A 'key' prediction for 2024; UAW wins again; Indicted AZ state Senator rewarded by RNC; Good news for trans people in WV, NC; Biden goes to pot...not a moment too soon...
By Brad Friedman on 4/30/2024 6:56pm PT  

We've got quite a few good news items amidst all the madness on today's BradCast. You may enjoy a few hits of dopamine along the way. Your welcome. Please listen responsibly. [Audio link to full show follows this summary.]

Among our stories today...

  • Just to help kick things off...American University distinguished professor Allan Licthman has a "13 keys to the White House" method for predicting who will win any Presidential election. His method has accurately called the winners in 9 of the past 10 elections. (In fact, he was arguably right in 10 out of 10!) We discuss his method and, though he's not yet made his "official" prediction this year, who he believes currently has the upper hand in 2024.
  • Donald Trump was found in criminal contempt of court in his New York trial related to his 2016 election interference via hush-money felony charges. Justice Juan Merchan found [PDF] Trump violated his gag order barring attacks on jurors and witnesses via social media and elsewhere in nine different instances. The judge made clear that incarceration is pretty much the only option left by state law if Trump commits new violations. Veteran federal prosecutor Glenn Kirschner suggests today's ruling may make things "significantly worse" for the disgraced former President, as the bail conditions in all four of his criminal indictments in four different jurisdictions bar him from committing new crimes. We also get you quickly up to speed on some of the Prosecution's new witnesses on the stand in the actual trial on Tuesday.
  • United Auto Workers' chief Shawn Fain is on a roll. Just over a week ago workers at the Volkswagen plant in Chattanooga voted by a 3 to 1 margin to unionize on the heels of the UAW's huge victories last year in their strike against Detroit's Big Three automakers. The victory by workers at the Tennessee plant was the first of its kind in the South. And then, late last week, the union struck a last minute deal for a new contract with Daimler Truck in North Carolina, bringing big pay raises and major benefit increases to workers at four of the company's plants in the state.
  • As we reported previously, 18 Trump allies in Arizona last week were criminally indicted on nine charges each of conspiracy, fraud and forgery related to their failed attempt to steal the 2020 election for Trump in the state via a Fake Electors plot. Over the weekend, state Sen. Jake Hoffman, one of two sitting state Senators indicted as a Fake Elector, was chosen, just days later, by the Republican National Committee to be an official National Committeeman in the 2024 election. Apparently criminal indictments for election fraud are now being rewarded by today's GOP.
  • The full 4th U.S. Court of Appeals on Monday ruled that West Virginia and North Carolina's decision to refuse health care for transgender people under government-sponsored insurance is discriminatory and a violation of federal law. NC blocked gender-affirming care for state employees and WV Medicaid blocked coverage for gender-affirming surgery. The plaintiffs won in an 8 to 6 ruling at the appeals court, though the thoroughly corrupted and illegitimate U.S. Supreme Court Republican majority will almost certainly have the final say in the matter.
  • The U.S. Drug Enforcement Administration will finally remove marijuana as a Schedule III narcotic, according to a report by AP today. It will no longer be treated similar to heroin and cocaine, as the Biden Administration plans to finally reclassify the popular plant as Schedule I after 50 years, now that some 38 states have already legalized cannabis for medicinal and/or recreational use. President Biden previously pardoned thousands of Americans charged with simple possession under federal law and urged states to do the same. Democrats in Congress, in the meantime, are pushing the DEA and Attorney General to drop it from the list of controlled-substances entirely to treat it more like alcohol.
  • The news above is one of a spate of newly or soon-to-be finalized regulations from a bunch of Biden Administration Executive Agencies. You may (or may not) have heard news of late about a cascade of new rules issued by the Administration on everything from Student Loan forgiveness to dozens of new environmental and climate-related regulations. There is a reason they are all happening right about now, and it has to do with the Congressional Review Act, which we explain in detail on today's program.
  • Finally, Desi Doyen joins us for our 1,400th Green News Report! And yes, along with troubling news for Africa and the U.S. Gulf Coast, she's got some historic news of landmark new regulations from the EPA to curb pollution from U.S. power plants. And, yes, that too should be in time to beat GOP abuse of the Congressional Review Act as cited above...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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So what do we do now? Callers ring in...
By Brad Friedman on 4/29/2024 5:47pm PT  

Today we had our first live BradCast out of KPFK's new (if temporary) broadcast facility, where everything is not yet quite in place. Nonetheless, I think we survived it in good order, including some good callers! [Audio link to full show follows this summary.]

On our last show last week, with two top-notch federal law experts, we went to air just after the U.S. Supreme Court completed hearing the absurd Oral Argument on whether Presidents have "absolute immunity" for any and all crimes they commit while in office. They don't. It's nowhere to be found in the Constitution or anywhere else. But Donald Trump has made that argument in order to delay his federal criminal trial on charges related to having attempted to steal the 2020 Presidential election. The lower courts denied his argument, and yet the corrupted SCOTUS decided to hear it anyway and took their sweet time in doing so.

We spent a fair amount of time on that previous show discussing the ridiculous question that the Supremes claim to be examining --- whether a President is immune "from criminal prosecution for conduct alleged to involve official acts during his tenure in office" --- and how the Justices on the Court questioned the counselor representing Special Counsel Jack Smith and the attorney representing Trump in the disgraced former President's delayed 2020 election interference case.

The decision to hear the case, of course, has prevented that federal trial --- originally scheduled for March --- from moving forward at all. The Court took enough time even scheduling Oral Argument to likely prevent the case on four felony charges from going to trial, much less completing, before America is asked to vote on whether to give the President who tried to steal the 2020 election another term of office in the 2024 election.

But we didn't spend as much time in our coverage last week on just how transparently corrupt this entire exercise was and is, with at least five of the rightwing Justices appearing more concerned about the potential rogue prosecution of a President than about the ability for the American people to bring criminal accountability against an actual rogue President.

The upside --- if there can be one --- is that it seems the scales have fallen from the eyes of most serious Court watchers who had long fooled themselves into believe that, when the rubber meets the road, even the rightwing Justices (three of them appointed by Trump himself) would do the right thing for the nation instead of their party. Thursday's absurd hearing seems to have made it clear to just about every serious person that the Roberts court is now doing little more than running interference for Republican policies in general and the former Republican President in particular. In a word: it is corrupt.

Our long-held position that the stolen and packed rightwing supermajority on the U.S. Supreme Court has been completely corrupted is no longer a particularly radical, or even minority view among serious people. Recognizing that is a first step toward figuring out what to do about it and how, if possible, to overcome it.

We were also able to take some calls from listeners today --- (surprisingly, we were able to do so at the new KPFK location, where the phone system is largely only half in place ) --- regarding what, if anything, can or should be done about any of this as the nation stumbles its way toward November, potential autocracy under a rogue, criminal President and his Court, and whatever dystopian American future may accompany it...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guests: Former Dep. Asst. AG Lisa Graves, former Asst. U.S. Attorney Randall D. Eliason; Also: Meadows, Giuliani, 16 others charged in 2020 AZ fake elector plot; CA now running regularly on 100% renewable energy...
By Brad Friedman on 4/25/2024 6:01pm PT  

On today's BradCast: Honestly, I tried. But it was really hard to find any part of the case heard by the corrupted U.S. Supreme Court on Thursday that wasn't just absolutely ridiculous. [Audio link to full show follows this summary.]

For nearly three hours this morning, the nine Justices themselves --- including a number of its rightwingers --- seemed to struggle to pretend that any of this made sense. In Trump v. United States [PDF], the disgraced four-time indictee is arguing that former Presidents of the United States have "absolute immunity" from any and all crimes they may have committed while serving in office, including murdering his political opponents or anything else you can think of.

As absurd as it sounds, Donald Trump has used this novel claim to, so far, successfully delay his federal trial on four criminal counts brought by Special Counsel Jack Smith related to Trump's many failed efforts to steal the 2020 Presidential election. SCOTUS has helped by delaying today's hearing for months and may help further depending on when they decide to release their opinion, and whether or not that opinion will lead to still more delays in the lower courts.

After losing this argument at the trial court last year and then unanimously at the D.C. Court of Appeals, Trump brought the case to SCOTUS, packed with three of his own appointees. They did him the favor of taking up his losing argument and putting off their Oral Argument on it until today, almost certainly delaying his trial for trying to steal the 2020 election until AFTER the 2024 election. [Transcript and audio of today's proceedings here.]

"This Court has never recognized absolute criminal immunity for any public official. Petitioner, however, claims that a former President has permanent criminal immunity for his official acts, unless he was impeached and convicted," argued Michael Dreeban, Counselor to Jack Smith, in his opening statement. "His novel theory would immunize former Presidents for criminal liability for bribery, treason, sedition, murder and, here, conspiring to use fraud to overturn the results of an election and perpetuate himself in power. Such Presidential immunity has no foundation in the Constitution."

In taking the case, the Court decided to hear the following question: "Whether and if so to what extent does a former President enjoy Presidential immunity from criminal prosecution for conduct alleged to involve official acts during his tenure in office."

But what "official acts" are they even talking about? Smith's indictment accuses Trump of things like organizing fake slates of electors; pressuring state officials and the DOJ and his Vice President to fraudulently change certified election results; and directing supporters to the Capitol on Jan. 6, 2021 after telling them to "fight like hell or we won't have a country anymore." The Justices --- as well as our two guests today --- all seemed to have a very difficult time finding any "official acts" for which Trump is being accused.

We're joined today by two excellent guests. Former Chief of the Fraud and Public Corruption unit at the U.S. Attorney's office in D.C., RANDALL D. ELIASON now teaches at George Washington University Law School, publishes the SidebarsBlog newsletter, and contributes to New York Times. Former Deputy Asst. Attorney General at DoJ, LISA GRAVES is now Executive Director of Truth North Research. They each know far more about all of this and the specifics of the Rule of Law than I do. But they too had trouble coming up with much of anything Trump has been charged with that has anything to do with "official acts" as President.

Its an "astonishing argument," says Graves. "What's at issue in this case is a set of conduct by this President to basically subvert our democracy through a variety of means. None of these are official acts. But even if somehow a President were engaged in an 'official act,' like appointing an ambassador, he couldn't take a bribe in the context of doing so. It just seems crazy that here we are with the U.S. Supreme Court basically delaying the prosecution of Donald Trump for a set of acts that are clearly outside the bounds of a Commander-in-Chief, whose job is to take care that the law is faithfully executed."

There was no conflict in the lower courts to resolve, but at least four members of the High Court decided they wanted to hear this silly argument nonetheless in which Trump and his attorney John Sauer have been arguing that, without immunity, Presidents would be unable to take bold, decisive action. It would "chill" their ability to do their job for the American people.

"The easiest response is that for nearly 250 years, that hasn't deterred Presidents from taking bold, decisive action," Eliason responds today. "Because they've also been willing to recognize that they need to act in compliance with federal criminal law, and they might be held accountable if they don't. On the one hand, he's saying there's a chilling effect on all these Presidents, even though it hasn't bothered any President in the past. On the other hand, he's saying 'But of course he could be prosecuted IF he's impeached and removed.' Well there's a chilling effect. So why doesn't that undercut his argument?"

We share audio clips from today's hearing, along with much more insight on all of it from Eliason and Graves, including why this case was accepted in the first place; the "Bizarro Superman world" in which we are having this argument and the "repugnant" idea of Clarence Thomas sitting on this case at all, as Graves observes; the argument by Sauer that unless statutes specifically say they are to apply to the President, like the federal bribery statute, they can't be held against him (Eliason, who headed up the DOJ's bribery prosecutions unit in D.C., notes the bribery statute actually "does not name the President, but nobody thinks that the President is immune for bribery"); and, of course, how and when they believe the Court will ultimately rule.

ALSO TODAY... On Wednesday, a grand jury in Arizona indicted Trump's former Chief of Staff Mark Meadows, his attorney Rudy Giuliani, his other attorney John Eastman and 15 others, including 11 Republican fake electors (including two sitting state Senators and the former head of the state GOP), for their efforts to try and steal the 2020 election for Trump in the state.

AND FINALLY... Desi Doyen joins us for our latest Green News Report, with grim-as-ever news, but also some really cool news from out here in California, where the state has been powered by 100% renewable energy --- largely solar --- for much or all of the day for a whole bunch of days in a row in recent weeks. So, there's that positive note to end today with, in any event!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guests: Heather Digby Parton of Salon, Keith Barber of Daily Kos; Also: PA primary results; Biden signs Ukraine aid bill; SCOTUS revisits abortion rights; AZ House Dems repeal 1864 near-total abortion ban...
By Brad Friedman on 4/24/2024 6:48pm PT  

The court takes Wednesdays off in Donald Trump's New York criminal trial on 34 felony counts related to his use of hush-money paid to a porn star to help him cheat his way to winning the 2016 Presidential election. So, today is a good opportunity for us here on The BradCast to get caught up on our trial story so far with two guests who are following it closely. [Audio link to full show follows this summary.]

But, FIRST UP, it was Primary day in Pennsylvania on Tuesday, and though the nominations for both major party's Presidential candidates are long ago all but official, the turnout and results from the Keystone State's closed primaries on both sides are somewhat revealing. Tune in for details, but suffice to say, Joe Biden appears to have outperformed Trump in the narrowly divided battleground state yesterday, where Dem turnout outpaced Republicans and Nikki Haley, who quit the race weeks ago, racked up nearly 17% of the GOP Presidential vote. There were several U.S. House races of note and uncontested primaries for this year's critical U.S. Senate race in PA, where incumbent Democrat Bob Casey is taking on billionaire hedge-fund manager Dave McCormick (who has been less than forthright about his upbringing.)

President Biden signed a long-overdue $61 billion aid package for our democratic allies in Ukraine after overwhelming Senate passage on Tuesday night. That followed on the heels of Saturday's passage in the House by Democrats following an about-face by GOP House Speaker Mike Johnson. The package adopted by Congress and signed by the President today is for $95 billion in all, including funding to replenish Israel's missile defense systems following Iran's attack last week, billions of dollars in humanitarian aid in Gaza, and military aid to Taiwan. The bill also includes a ridiculous measure that may result in the popular social media app TikTok being banned in the U.S.

In reproductive rights (or lack thereof) news, the corrupted far-right majority on the U.S. Supreme Court appeared skeptical during heated Oral Argument on Wednesday over a Biden Administration mandate under the Emergency Medical Treatment and Labor Act (EMTALA). The 1986 statute requires hospitals that accept federal medicare funding to offer emergency, life-stabilizing care to all patients who arrive in the emergency room. After SCOTUS overturned Roe v. Wade, the Administration reminded facilities that such care includes abortions when a patient is "in serious jeopardy" or any condition that might impair bodily functions or organs, no matter the state's own restrictions on reproductive care. Idaho disagreed and sued. The packed rightwing supermajority on the High Court was working hard today to side with Idaho.

There was somewhat brighter related news in Arizona on Wednesday when, after three weeks of trying, Democrats in the state's House were finally able to vote to repeal the state's 1864 territorial ban on nearly all abortions. Three Republicans joined all 29 Democrats to repeal the law. The measure still needs passage in the GOP-controlled state Senate, after which AZ's 15-week abortion ban would take the place of the 160-year old near-total ban.

And THEN, we're joined again today our friends award-winning columnist and blogger HEATHER DIGBY PARTON of Salon and Hullaballoo and former attorney (and former Republican) KEITH BARBER of Daily Kos to get up to speed on this week's fits and starts in Donald J. Trump's New York criminal trial.

After last week's faster-than-expected jury selection, the trial began with Opening Statements on Monday in which prosecutors described Trump's criminal scheme to hide several sexual affairs just before the 2016 election as "election fraud, pure and simple". On Tuesday morning, during a contempt hearing on at least 10 instances in which Defendant Trump violated the court's gag order against attacking jurors and witness, the judge instructed Trump's attorney Todd Blanche that he was "losing all credibility with the court." Says Barber today: "In a list of phrases that could be the worst to come out of a judge's mouth in the first two days of a trial, that would be right at the top of the list."

On both days, shortened for the Passover holidays, David Pecker, former National Enquirer publisher and longtime friend of Trump, took the stand on behalf of the prosecution to discuss hush-money payoffs he'd arranged as part of an alleged conspiracy with Trump and his attorney Michael Cohen to publish damaging stories about Trump's political opponents and quash stories that might be damaging to him. As Pecker detailed, that included paying off a Trump Tower doorman to shut up about his claim that Trump fathered an out-of-wedlock child with a maid who also worked there, and to "catch and kill" the story of Playboy model Karen McDougal who says she carried on a nearly year-long affair with Trump while his wife Melania was pregnant.

Parton describes the first witness in this case as offering several ironies since Pecker "said that their little scheme back in 2015 and 2016 was all fake news. Literally fake news. They made up stories. They killed negative stories about Trump and pushed negative stories that were literally fake news about his rivals. It's like gaslighting to the thousandth power."

Pecker's is expected to continue his testimony on Thursday regarding the $130,000 hush-money payment made to adult film star Stormy Daniels, which was repaid to Cohen by Trump via monthly installments during his first year in the White House. Those payments became the falsified business records at the center of this trial, as the Trump Organization logged them as legal retainer fees, rather than unreported reimbursements that ran afoul of campaign finance laws, according to prosecutors.

Both Parton and Barber find it curious that, while Trump has been relentless in his attacks on witnesses like his longtime attorney and fixer Cohen, he has not said a negative word about his friend Pecker since the former Enquirer chief signed a cooperation agreement with prosecutors in 2018. She believes there is much more that Pecker knows about Trump above and beyond the scandals he's already detailed in this case. Barber concurs: "There's reason to believe that David Pecker has more of Trump's bodies buried in various places."

Each offer many more thoughts and insights on all of the above, including much more that we've learned over just the first two days of this historic trial, the legal hurdles faced by prosecutors, and what we should expect in the days ahead...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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