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Latest Featured Reports | Saturday, April 18, 2026
U.S. Middle Eastern 'War Crimes' Then and Now: 'BradCast' 4/16/26
Guest: Attorney, former U.S. Army Captain Keith Barber; Also: Eastman disbarred; ICE official charged in MN...
'Green News Report' 4/16/26
  w/ Brad & Desi
Big Oil reaping $30m/hr thanks to Iran War; More flooding for Hawaii; Super Typhoon slams U.S. Pacific islands; PLUS: AZ voters oust pro-fossil fuel candidates...with help from Turning Point!...
Previous GNRs: 4/14/26 - 4/9/26 - Archives...
Trump's USDA Takes Chainsaw to U.S. Forest Service: 'BradCast' 4/15/26
Guest: Conservationist Jim Pattiz; Also: Judge blocks Indiana law barring Student IDs for voting; More U.S. ground troops headed to Iran...
Midterm Elections Reality Check: 'BradCast' 4/14/26
House, Senate and Gerrymandering War updates; Also: Super typhoon slams U.S. territories; China calls Trump's blockade bluff in the Strait...
'Green News Report' 4/14/26
  w/ Brad & Desi
Iran War deepening global poverty while Big Oil rakes in big profits; New France, Britain policies to reduce fossil fuel dependence; PLUS: Turns out birds are smart enough to avoid wind turbines...
Previous GNRs: 4/9/26 - 4/7/26 - Archives...
Another Mad, Mad, Mad, Mad Weekend: 'BradCast' 4/13/26
Vance fails in Iran; Hungary defeats its autocratic leader; Trump attacks the Pope, depicts himself as Jesus; Swalwell crashes and burns...
Sunday 'Mission Accomp...' Toons
THIS WEEK: So Much Winning! ... Melania's Helpful Reminder ... J.D. on the Job! ... It's our latest collection of the week's best toons!...
MAGA Buckles:
'BradCast' 4/9/26
Iran War, broken promises, growing failures turning MAGA media elite, social network supporters, red state Republicans against Trump; Also: Majority now support impeachment; More insider Polymarket paydays...
'Green News Report' 4/9/26
  w/ Brad & Desi
Global oil and gas still locked up in Strait amid 'ceasefire'; Damage to the ag sectoralready done; PLUS: 'Super' El Nino is brewing in the Pacific Ocean that will boost extreme weather...
Previous GNRs: 4/7/26 - 3/26/26 - Archives...
'Victory'?: Chaos, 'Ceasefire' Politics and Iran With the Upper Hand: 'BradCast' 4/8/26
Guest: Univ. of IL's Nicholas Grossman; Also: Another huge night for Dems in WI, GA...
Bye Bye Bondi (and It's TACO Tuesday Again!): 'BradCast' 4/7/26
Guest: Randall Eliason, formerly of DOJ; Also: Trump pulls Iran 'civilization will die' threat as MAGA Bigs call for his removal...
'Green News Report' 4/7/26
Trump threatens war crimes against Iran's civilian power infrastructure; War boosting global demand for renewables; PLUS: U.S. West snowpack's early melt raises fire season fears...
Trump Unhinging: 'BradCast' 4/6/26
Dangerously unbalanced 'Escalator-in-Chief' unleashes new war crime threats in profane Easter rant; seeks $1.5T for DoD; has already lost to Iran; Also: Callers ring in!...
Easter Sunday 'Very Bad Bunny' Toons
THIS WEEK: He is Rizz ... Golden vs. Stone ... Bondi Redacted ... Known Your Noems ... and more in our latest festive holiday Sunday toons!...
Potential Disaster for Democracy in Deep 'Blue' CA
Less than 1/3 of primary voters could eliminate the right to cast a vote for a Democratic Governor in the Golden State this November...
Sunday 'Fog of Limited Military Operation' Toons
THIS WEEK: So Much Winning ... ICEy Reception ... And Still No Kings ... and more! In this week's toon collection!...
'Green News Report' 3/26/26
Iran War fallout expands; Admin relaxes smog rules to moderate gas prices; PLUS Three US offshore wind farms survived Trump, now delivering clean electricity....
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
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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...


Critical lessons (and warnings) from primary results in AZ, KS, MI, MO, WA, OH; Also: IN Rep. Walorski killed in crash; A farewell to Vin Scully...
By Brad Friedman on 8/3/2022 6:07pm PT  

Look at the faces in that photo. Those are the faces of people grappling to understand a profound truth that they simply had no idea about prior to Tuesday night. Those faces should serve as inspiration for every Democrat and/or progressive on the ballot in every race in all 50 states between today and November 8. And as a warning for every Republican.

On today's BradCast, selective, noteworthy, curated results --- or what is known about them, unofficial, incomplete or otherwise --- from Tuesday's primary elections in six states, Arizona, Kansas, Michigan, Missouri, Washington and Ohio. (And several problems for voters in Pinal County, AZ.) [Audio link to full show is posted below this summary.]

Of course, the biggest news from Tuesday, hands down, was the stunning landslide rejection of a state constitutional amendment in Kansas that would have allowed the state's Republicans to restrict and/or ban abortion rights. (That's what the folks in that photo were just learning about.) It was the first statewide vote on the matter anywhere in the nation since the newly extremist, far-right, radical, activist, corrupt, Republican U.S. Supreme Court majority overturned 50-years of Constitutionally protected rights and freedoms by striking down 1973's Roe v. Wade decision.

Even in the theoretically "conservative" state of KS, voters soundly rejected that proposed Amendment with their "NO" votes by a stunning 18 points over "YES" as of airtime. The "NO" vote did well in large and small, rural and urban, Democratic and Republican counties alike. Turnout, thanks to this measure --- in a midterm primary where Republicans assumed few would notice --- was enormous and at levels normally seen in Presidential primaries or even mid-term general elections in the recent past.

The question now is whether Democrats will finally have the confidence and courage to run on this issue, following the overturning of Roe in June, in every state in the country and for virtually every office on the ballot from Governor to Attorney General to District Attorney to County Sheriff to state Judge to state Supreme Court Justice. And, whether Democrats will be able to capitalize on Josh Marshall's "Roe and Reform" campaign that he's been pushing hard at Talking Points Memo, calling for a very specific promise to voters from Democrats on the federal level: Let us hold our House majority and give us two more seats in the Senate and we vow, come January 2023, to reform the Senate filibuster to codify the protections of Roe into federal law, guaranteeing privacy rights and reproductive freedom in all 50 states.

Nothing short of that very specific "You give us that, we'll give you this" promise will do, as Josh has smartly been explaining for weeks now. We have long argued ourselves that candidates must give voters something very clear and specific to vote for. When they do, as proven on Tuesday in Kansas --- where the stakes were crystal clear, and voters knew exactly what they would get from their one single vote --- they will respond in large numbers.

Of course, all of this also further underscores the argument I've been making for months that Democrats and progressives must ignore the "conventional wisdom" from so-called political professionals about the historical odds of impending doom this November. These are decidedly UNconventional times, proven once again in KS yesterday.

Beyond that very encouraging news on Tuesday, there was still more good news in both the Secretary of State and Attorney General races in KS; Somewhat disappointing news in the MO race to fill the U.S. Senate seat being vacated by retiring Republican Sen. Roy Blunt; Potentially concerning news out of MI's Republican gubernatorial contest, where a well funded, Trump-backed loon will run against the state's popular Democratic Governor; And wildly troubling news out of AZ on the Republican side in the contests for the Gubernatorial and Sec. of State nominations, in what could turn out to be two of the most critical races in the nation this November.

All of that and many other races covered and explained, with context, on today's busy show.

Finally, we close with some tragic news on the death this afternoon of Indiana's 58-year old Republican Congresswoman Jackie Walorski and two of her young staffers in an automobile accident. And, some pleasant thoughts following the passing on Tuesday night of Hall of Fame broadcasting legend Vin Scully at age 94. He served as the inimitable and nationally recognized voice of Dodger baseball --- in both Brooklyn and Los Angeles --- for 67 incomparable years...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Can Dems finally pass the critical Schumer/Manchin compromise bill to save the climate (and maybe themselves)?; Also: Biden's 'rebound'; KY's death toll; Tuesday's primaries; And callers ring in...
By Brad Friedman on 8/1/2022 6:16pm PT  

In our opinion, on today's BradCast, the scaled back, surprise "Build Back Better" spending bill compromise (now renamed the "Inflation Reduction Act" to help win over West Virginia's rightwing Democratic Senator) comes not a moment too soon. And, even "scaled back", it's still chocked full of so much stuff that if each of its provisions were passed in separate bills over the past 18 months, we'd likely be discussing Joe Biden as having one of the most successful first two years of any President in history. That said, the bill has not yet been passed, and it could still be a very bumpy ride in the coming days to see it through to the President's signature. [Audio link to full show is posted below this summary.]

Before we get to that today --- and some callers on same --- a few other headlines covered on today's show...

  • Minutes before airtime, news broke that the U.S. killed Al-Qaeda leader Ayman Al-Zawahiri in Afghanistan over the weekend in a successful drone strike, in which no civilians are said to have been killed. President Biden was to give remarks about what happened on Monday evening.
  • Speaking of Biden, he tested positive for COVID again over the weekend, in what White House officials are describing as a "rare rebound" case after finishing his 5-day course of the anti-viral drug called Paxlovid. Well, it can't be ALL that rare, because last week, when the White House announced Biden had tested negative and was cleared to leave isolation, we warned about the possibility of such a rebound, as many Paxlovid users have experienced same. The Pfizer drug has very good results at preventing serious cases and hospitalization, but many patients have experienced a second --- non-fatal --- COVID infection shortly after using it. That is, apparently, the case with Biden. His White House doctor says he has few if any symptoms and will likely be fine, despite needing to isolate again.
  • Deadly flash flooding continues in parts of Kentucky today, and warnings for more of the same have been issued for the next several days from Tennessee to Kentucky to West Virginia to Virginia and North Carolina. 37 have so far been confirmed to have died from the horrific flooding in Eastern Kentucky. Governor Andy Beshear believes that toll will continue to rise, as hundreds are still unaccounted for in a number of Appalachian mountain towns after recent, and ongoing, deluges. That, as our climate emergency continues with record heat predicted again this week from the Dakotas to the East Coast.
  • On Tuesday, voters will head to the polls in six states: Ohio, Arizona, Kansas, Michigan, Missouri and Washington state for primary elections. And there are a lot of 2020 election deniers (and worse) on the GOP ballots. We quickly preview just a few of those insane races today and will have noteworthy reported results, of course, on Wednesday's program.

Then, it's on to the so-called Inflation Reduction Act --- a scaled down version of the Build Back Better Act that Democratic Senators Joe Manchin and Kyrsten Sinema killed last year. If successfully adopted this time, it would increase federal revenue by some $750 billion over the next ten years, allowing for some $450 billion in spending on a bunch of several long-overdue programs. Most of them have been progressive priorities for years.

Only Democrats in the U.S. Senate will be needed to pass it under Senate reconciliation rules, but all 50 will have to be there (not out with COVID) and vote yes. Sinema has yet to comment on the measure, even as Manchin has been taking to media over the weekend to try and sell her on it.

If passed, the 725-page measure [PDF] will: Allow Medicare to negotiate with pharmaceutical companies for lower drug prices; Cap out-of-pocket spending on prescription drugs for seniors at $2,000 per year; Expand federal subsidies for premiums for individuals who purchase health insurance on the federal Affordable Care Act (Obamacare) exchanges; Set a minimum 15% tax for corporations who make more than $1 billion in profits per year; Increase policing of tax cheats; and, perhaps most critically, invest some $369 billion in climate and energy projects to cut deadly greenhouse gas emissions by 40% by 2030 through investments that hasten the nation's move from dirty fossil fuels to clean, renewable energy.

What the bill won't do is raise taxes on anyone making less than $400,000 a year, as Biden has long promised. That, despite blatant lies from Republicans such as Senate Majority Whip John Cornyn (R-TX) who, when announcing he tested positive for COVID today, lied about the bill, declaring on Twitter that he will "continue to fight Chuck Schumer and Joe Manchin's massive tax increase on working families." That is a lie. There is no "massive tax increase on working families" in the bill. Republicans hope you are dumb enough to be duped to the contrary.

In order to win over Manchin, whose family and campaign have long been propped up by fossil fuel interests, the bill does mandate oil and gas lease sales on federal lands be auctioned off in exchange for the approval of on- and off-shore wind and solar projects. Even there, however, oil and gas companies will be required to pay higher royalties on whatever they extract, and will be fined for failing to prevent methane leaks that exacerbate global warming. So, yeah. Art of the compromise. But, according to most climate experts we've read, heard from or spoken with, it's a compromise well worth taking..and comes not a moment too soon, as our climate emergency worsens by the day.

We've got much more on all of the above on today's show, and we open up the phone lines to callers to get some of their thoughts on the "Inflation Reduction Act" as the world melts down, and the 2022 primary general election is now less than 100 days away...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Alissa Jean Schafer of Energy and Policy Inst.; Also: OAN deathwatch; Trump's CNN 'Big Lie' threat; Stewart slams GOP Senators...
By Brad Friedman on 7/29/2022 6:41pm PT  

On today's BradCast: When you're a monopoly power company --- especially in Florida --- they let you do it, I guess. [Audio link to full show follows below this summary.]

Before we get to the massive scandal(s) unspooling this week in Florida, a few other notes about corrupt media and corrupt power brokers. Donald Trump's favorite "Big Lie" fake news network, One American News (OAN), looks to be on the brink of going out of business, after Verizon joined AT&T to stop carrying their programming this weekend. Sad! At the same time, Trump is threatening to sue actual news network, CNN, because they repeatedly reported on his "Big Lie" attempts to steal the 2020 election. Good luck with that.

Then, it's on to the mind-blowing story out of the Sunshine State this week, where a leak of thousands of documents from a consulting firm in Alabama, has revealed all sorts of corruption by Florida Power & Light (FPL), the state's monopoly public utility company. The Florida papers are having a field day as they comb through the documents, publishing damning exposé after damning exposé on the dirt they are finding, which goes all the way up to FLP President and CEO, Eric Silagy, who, according to our guest today, incredibly enough, still has his job!

The documents were released amid a power battle over Montgomery, AL-based Matrix, LLC, a "powerful but little-known political consulting firm that has operated behind the scenes in at least eight states," according to the Guardian. They reveal a boatload of corruption by FPL, its CEO and many of its executive, including running "ghost candidates" in elections, mounting disinformation campaigns to maintain their monopoly (for example, to oppose residential solar power in the Sunshine State!) and secretly taking over pretty much full control of an "independent", right-leaning "news" site in Tallahassee called The Capitolist.

The website (which is still online, also incredibly enough) has been influential for years among Florida lawmakers. Its editor and founder is a guy by the name of Brian Burgess, the former Communications Director for FL's former Governor, now U.S. Senator Rick Scott. According to a deep dive from the Miami Herald, Burgess was being paid some $12,000 a month by FPL --- via a web of third parties cut-outs, including the consulting firm Matrix --- to publish its propaganda, push its preferred (sometimes fake) candidates, and ruthlessly attack its opponents, including both elected officials and reporters who dared publish stories the power company didn't like.

For insight into this (these) still unfolding scandal (scandals), we're joined today by ALISSA JEAN SCHAFER, the FL-based Research and Communications Manager for the Energy and Policy Institute, a non-profit "watchdog organization working to expose attacks on renewable energy and counter misinformation by fossil fuel and utility interests". Her organization certainly has its work cut out for it with this gobsmacking "web of scandal," as Schafer describes it.

"If you are a Floridian," she notes, "you have no choice who your power company is. We are in a monopoly market. So if you have Florida Power & Light, you're stuck with them. You're paying that bill every month. If you're seeing these headlines, I don't know understand how you can NOT be furious."

"It's kind of a crazy state. People like to make fun of us," concedes Schafer. "But at the end of the day, there are a lot of folks that are being impacted by this nonsense. We have elections coming up, and how are people supposed to know that their votes aren't being manipulated by these fake candidates that are being propped up by dark money. It's a very real concern."

Among those fake candidates, as the Herald reports, was one who was "running" against state Senator José Javier Rodrà­guez, who proposed legislation to allow landlords to sell cheap rooftop solar power directly to tenants. "I want you to make his life a living hell "¦ seriously," wrote FPL's CEO Silagy in a 2019 email to two of his vice-presidents. They then ran a third-party candidate with the same last name as Rodriguez, who split the vote. The state Senator was pushed out of his job by just 32 votes. FPL's "ghost candidate" later admitted he had been bribed to put his name on the ballot.

There is a lot to discuss today with Schafer on all of this, including how FPL is claiming they broke no laws; their ridiculous claim that rate-payer money wasn't actually used to hoax rate-payers through these schemes; and how The Capitolist's editor Burgess is able to claim with a straight face that he has "never pitched nor solicited feedback from FPL executives on any story or business venture" and has "never received a story pitch from any FPL executive." (Of course not. That's what Matrix was for! And they were in near daily communications with FPL execs, according to the leaked documents.)

"If we take a step back and look at our investor-owned utilities across the country, whether they are working with Matrix or not, this is a playbook that we do see time and time again," Schafer explains. "You have a consulting firm as the middle-man to do some of the dirty work, because utilities don't want their name on it. They want to be able to say, 'I never spoke to XYZ.' They can say that because they spoke to the consultant who then spoke to XYZ. You have similar trends of setting up shell companies to pass money through, so that it looks like the utility is just being a utility and not actually a political operative."

Finally today, Mitch McConnell is apparently furious at being out-foxed by Democratic Senate Majority Leader Chuck Schumer on this week's surprise agreement with Sen. Joe Manchin for a major tax, healthcare and climate deal called the Inflation Reduction Act. McConnell and his fellow Senate Republicans decided to take it out on sick combat veterans who were exposed to deadly chemicals and toxic burn pits in Iraq and Afghanistan by voting against healthcare protections for them. Former Daily Show host and actual supporter of America's veterans, Jon Stewart, had a word or two for those Republican Senators at the Capitol on Thursday morning, including: "If this is America First, then America is fucked."

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Adrian Martinez of Earthjustice; Also: Biden's back from COVID...
By Brad Friedman on 7/27/2022 6:20pm PT  

We've got some surprisingly good-ish news throughout today's BradCast. Given the grim days of late, we apologize in advance for any confusion. [Audio link to full show is posted below this summary.]

Last night, not long after we got off air, there were two pieces of encouraging news on the possibility of seeing criminal accountability against our disgraced former President and his multiple failed attempts to steal the 2020 election. One of those encouraging items was an interview with Attorney General Merrick Garland on NBC News, in which Garland reiterated, yet again, that the DoJ is working diligently "to bring to justice everybody who's criminally responsible for interfering with the peaceful transfer of power from one administration to another."

The second, was an exclusive report from Washington Post confirming that "The Justice Department is investigating President Donald Trump's actions as part of its criminal probe of efforts to overturn the 2020 election results." Many have been questioning for months whether that has been the case, even as a number of guests on this program have repeatedly made the case that Garland and the DoJ are, in fact, proceeding exactly as they would expect if such an investigation was under way. The Post story now seems to confirm that.

Moreover, their reporting also includes several enticing new details, such as the fact that DoJ has, as early as April, retrieved phone records from senior officials in Trump World, including his former Chief of Staff Mark Meadows; that the probe is broad and is specifically asking federal grand jury witnesses about Trump's orders to attorneys and staffers and about his White House meetings in December of 2020 and January of 2021; and includes a number of subpoenas that appear to suggest a whole bunch of top Team Trumpers are actively being targeted by the probe in addition to Trump himself.

And today, CNN is reporting that Meadows' deputy, Cassidy Hutchinson --- who offered bombshell testimony recently to the bipartisan U.S. House Select Committee investigating the Jan. 6 insurrection and Trump's attempts to steal the 2020 election --- is now cooperating with federal prosecutors. Additionally, Trump's former Communications Director, Alyssa Farah Griffin, told the news outlet today that she was "aware of other White House officials who have been reached out to by DOJ and are planning to cooperate."

So, yeah, there's some good news for today. But that's not all we have for you.

Earlier this year, we reported in detail on the U.S. Postal Service's outrageous plan to purchase 165,000 much-needed new delivery trucks. But, under the direction of their corrupt Postmaster General Louis DeJoy, appointed during the Trump Administration, a phony economic and environmental study resulted in a deal with a defense contractor that would result in 90% of those vehicles being gas-guzzlers that got just over 8 miles per gallon, while only 10% of the purchase would be for clean, electric vehicles. That, despite our ever-worsening climate emergency and the USPS Inspector General determining that 95% of current routes could, in fact, be handled by EVs.

President Biden has vowed to shift the entire federal fleet to all-electric vehicles by 2035, when he has targeted cutting deadly greenhouse gas emissions by half (on the way to net-zero carbon emissions by 2050). When this corrupt deal came to light, it was opposed by the White House, 16 states and the District of Columbia, as well as a number of environmental groups who filed lawsuits against the quasi-independent government agency.

Well, good(ish) news! Last week, the Postal Service announced they would purchase four times as many EVs as originally planned, increasing the percentage in the new fleet from 10% to 40%.

"The good news is that public pressure is starting to work," our guest today, ADRIAN MARTINEZ, Senior Attorney at Earthjustice, a non-profit environmental law group, tells us. His organization is one of several who filed suit against the Postal Service's original plan to purchase 150,000 gas-powered trucks that would produce roughly the same amount of global warming carbon dioxide as 4.3 million internal combustion passenger vehicles.

Martinez joined us back in February, when he explained the trucks would end up comprising about 30% of the federal government's huge automotive fleet and would burn through "a jaw-dropping 2 to 4 billion gallons of fuel" over their expected 20-year lifetime.

"We still have a lot more work to be done," he says today, responding to the positive news and citing "more than 100,000 emails to the Postal Service" his group helped facilitate. "It's litigation, it's the public correspondence with the Postal Service, and the public pressure working. We've still got a long way to go with them, but it shows you that the more you weigh in, the more you can make progress."

We discuss the scam that has resulted in contractor Oshkosh Defense procuring this contract despite never having manufactured any EVs, and the company's plan to build the USPS trucks at a new non-union facility in South Carolina, instead of their union shop in Wisconsin. We also discuss how it is even possible that DeJoy is still in his post and how new nominees to the USPS Board of Governors may be able to eventually remove him and change the equation on all of this.

"This is a fleet that should be 100% electric," Martinez argues. "We're now seeing shifts in this agency, and what I take is that we need to put even more pressure on the agency to get them where they need to be. This is so many vehicles, and so much oil that we can prevent from being burned, that the stakes are really high."

"Getting everyone to put pressure on this is important," he explains. "This is one of the largest, if not the largest vehicle procurement in history, so we can't get this wrong."

Finally today, in just a bit more good news, President Biden is no longer in isolation from his bout with COVID. After two negative tests, last night and this morning, he looked and sounded much better as he offered his first in-person public remarks in the Rose Garden before heading into the Oval Office for the first time in almost a week. In his remarks, some of which we share today, the 79-year old President credited vaccinations, boosters and anti-viral treatments --- which are now free for all Americans --- for his largely minor symptoms and quick recovery...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

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

Among today's many stories of note...

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

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Special Coverage with Heather Digby Parton of Salon, Richard 'RJ' Eskow of 'The Zero Hour'; ALSO: BANNON FOUND GUILTY OF CONTEMPT...
By Brad Friedman on 7/22/2022 5:59pm PT  

On January 6, 2021, then President Donald Trump wound up his supporters, who he knew to be armed, with lies about a stolen election, which he knew to be false, at a rally near the White House. He then pointed them toward the U.S. Capitol with the instruction to "fight like hell". They did. People died. And during the more than three hours of violent attack, as five people would lay dead, hundreds of law enforcement officials injured, and Trump's MAGA mob coming within feet of fleeing lawmakers --- including the Vice President --- the Commander-in-Chief holed up in the dining room near the Oval Office in White House, ordered that no photographs be taken, watched the carnage on TV, and did nothing to stop any of it.

In fact, as the bipartisan U.S. House Select Committee investigating the insurrection and Trump's many other failed attempts to steal the 2020 Presidential election made clear on Thursday night's Day 8 --- and as we discuss on today's BradCast Special Coverage --- he wasn't bothered in the least by the carnage. It was all part of the plan. [Audio link to full show is posted below this summary.]

The then-President was informed that the riot was under way at the Capitol just minutes after returning to the White House after his speech to rile up the insurrectionists. He spent the next several hours ignoring his sworn duty and oath of office to defend the nation and Constitution, while rejecting scores of entreaties from advisers, friends, top staffers and legal aides, refusing to take any action to quell his angry, dangerous, armed and disinformed mob. But he did, as the Committee laid out in minute-by-minute detail, call friendly U.S. Senators (some of them, such as MO's Josh Hawley, who were fleeing for their lives after firing up the mob themselves) in hopes of encouraging them to further his plan to steal the election from its rightful victor, Joe Biden, during the joint session of Congress to confirm the Electoral College vote.

"Trump didn't fail to act," Republican Committee member and Iraq and Afghanistan combat vet Rep. Adam Kinzinger (R-IL) charged, "he chose not to act." That, after turning his supporters "love of country into a weapon," as Committee Vice Chair Liz Cheney (R-WY) asserted, adding: "Donald Trump made a purposeful choice to violate his oath of office."

It was, according to the evidence presented, the greatest "dereliction of duty" ever committed by a sitting U.S. President. By far.

The hearing was incredibly information-dense. With compelling evidence and testimony --- both live and on video tape --- from dozens of former aides, military and national security officials, White House attorneys, staffers and family members, all detailing Trump's hours-long lack of action. No calls to the military or national security or law enforcement agencies. The violence was the plan all along. He did not want to stop it.

Even the next day, as seen in raw footage from the White House, the loser Trump could not declare that the election was over during a brief, scripted, video-taped address to the nation, in which his emotional instability and seething anger was, at times, laid bare for all to see. (Everyone but Fox "News" viewers anyway. Fox didn't show it to them, choosing to run Sean Hannity's show instead, making fun of Joe Biden for having COVID, even as the Committee was revealing Hannity's own texts to Trump's Chief of Staff, Mark Meadows, begging him to get the President to take action to stop the attack on the Capitol.)

Perhaps the most chilling moment of the night was the video-taped testimony from an unidentified national security official, his or her voice disguised, detailing how members of VP Mike Pence's Secret Service detail were calling family members, as the mob attacked, to say goodbye, as the officials believed they may not live through the day.

We're joined today by two excellent guest panelists, both old friends and old school bloggers. One, HEATHER DIGBY PARTON of Salon and Hullabaloo, has been with us for every one of the Committee's summer series of hearings. (They now promise more in September.) And the other is RICHARD "RJ" ESKOW, longtime columnist and host of The Zero Hour on radio and TV.

The conversation, as always with these two, was spirited and insightful. Eskow has some complaints about the Committee, Parton thinks they are doing a superb job. Both have smart thoughts about what we've learned from the hearings so far, including last night, what we still need to learn much more about in the weeks ahead, and what it all may mean going forward.

And, oh yeah, on Friday, just before airtime, a federal jury found Trump's former aide and campaign chair, Steve Bannon, guilty on both criminal counts of Contempt of Congress, for having ignored lawful subpoenas from the J6 Committee for testimony and documents regarding what he knew about Trump's insurrection. He now faces anywhere from 60 days to 2 years in prison, presuming he isn't able to squirm out on appeal between now and his sentencing in October. Parton explains why she thinks today's verdict may actually become a win for Bannon, who she describes as "MAGA Mandela." We'll see if she's right about that.

Lots to cover on today's lively Special Coverage. Please tune in!...

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Guest: Sarah Lipton-Lubet of Take Back the Court; Also: Biden positive for COVID; Report finds Newsmax lying even more than Fox 'News' about J6...
By Brad Friedman on 7/21/2022 4:08pm PT  

When you thought things couldn't get any more insane (nobody actually thought that, did they?), 79-year old President Biden tests positive for COVID. The White House says he is suffering only "very mild symptoms". We'll hope it stays that way and he gets well soon. Meanwhile, we're still busy trying to save the world on today's BradCast. [Audio link to full show is posted below this summary.]

Tonight, the bipartisan House Select Committee investigating Donald Trump's Jan. 6, 2021 insurrection at the U.S. Capitol and his many other attempts to steal the 2020 Presidential election, holds the last of their summer series of blockbuster public hearings, for now. We'll see if Fox "News" bothers to carry this one, since they didn't last time, choosing to run an ad-free episode of Tucker Carlson's show instead. God forbid their groomed viewers turn away during commercials for even a second and learn any actual news.

But, of course, Fox isn't the only rightwing TV channel lying to their viewers day in and out about these remarkable, historic hearings, the deadly events of January 6, and all of the other ways Trump tried undermine American democracy. A new report finds that Newsmax is duping their viewers even worse than Fox, if that's possible, broadcasting at least 40 false claims about the J6 attack since the Committee's hearings began last month. Among the station's lies peddled repeatedly to their easily-played viewers: There were only a few hundred rioters in the Capitol that day (DoJ pegs the number at around 2,000); They were "unarmed" (except for all of the guns, knives, pepper spray, spears, brass knuckles, baseball bats, etc.); and that Trump ordered the National Guard to the Capitol, but was blocked by Nancy Pelosi (the President, not the Speaker of the House, commands the National Guard.)

In any event, whether Fox or Newsmax carry tonight's hearings and/or lies about them, we'll tell you the truth about them on our own Special Coverage on tomorrow's BradCast.

Today, we discuss the need for the long-overdue expansion of the Supreme Court. New polling finds approval of the Court has plummeted over the past two years. According to Marquette University Law School's poll today, 66% of Americans approved of SCOTUS in September of 2020. That number is now at stunning 38%. Their survey follows Gallup's recent finding (before the overturning of Roe v. Wade) that confidence in the Court is at an all-time historic low since they began asking the question in the 1970s.

Of course, this comes on the heels of Mitch McConnell nuking the Senate filibuster in order to pack the High Court with Donald Trump's three corrupt, extremist Republican nominees, including one of them (Amy Coney Barrett) just eight days before the 2020 election. That, after McConnell had changed the size of the Court for over a year while refusing to seat Barack Obama's nominee to the seat vacated by Justice Antonin Scalia in February of 2016, because, according to Mitch, the vacancy came just too close to a Presidential election, when the voice of the American people deserved to be heard first.

But now, with SCOTUS closing out its term with an unprecedented spate of radical rulings --- rolling back long-held Miranda rights; throwing out states Second Amendment rights to well-regulate the concealed carry of firearms; further eroding the long-standing Constitutional separation of church and state; blocking the Environmental Protection Agency from protecting the environment through the regulation of carbon pollution; and, of course, overturning the privacy rights and reproductive freedoms established 50 years ago by Roe v. Wade --- it sure seems like a re-balancing (and de-corrupting) is in order!

Given the striking down of privacy rights in Roe, Democrats in the House have been scrambling to codify reproductive freedom into federal law, along with bills that guarantee the right to both interracial and same-sex marriage, and even the right to use contraception. That, after the Court struck down the same privacy rights in 'Roe' that are the basis of those other Constitutional rights that Justice Clarence Thomas called for revisiting in his concurrence to the majority opinion overturning Roe.

But while codifying those rights into federal statute is critical (most House Republicans voted against all of them this week!), expanding the Court, to UNpack and UNsteal it, so that it represents the American people once again is even more critical.

On Monday, a group of Democratic lawmakers called for exactly that, touting their Judiciary Act of 2021 [PDF] which would expand the number of seats on the Court from 9 to 13. But that measure, so far, has not yet even received a Committee hearing, much less a vote on the Democratic-controlled House floor. What gives?

We're joined today by SARAH LIPTON-LUBET, Executive Director of the non-profit Take Back the Court organization, to discuss exactly that. Her group was formed in 2018 to warn of the danger then posed to democracy itself by the GOP's stolen Supreme Court, and to call for its expansion as the only strategy to re-balance SCOTUS after its 2016 theft. [We spoke with Aaron Belkin, the group's founder, back in 2020.)

"Republicans already changed the size of the Court for a year while they blockaded Merrick Garland's nomination. So a Republican power grab, that's just a part of reality. Given that, isn't a world where we fight for what's right better than a world where we surrender unilaterally?," Lipton-Lubet posits today, when I ask her about the fear expressed by some Democrats that Republicans will just take similar action the next time they are in control of both chambers of Congress and the White House. "To folks who are worried about what Republicans might do in the future, I have to say I'm really worried about what they've done already, and about what we need to do to fix the harm that they've caused in the here and now. They've stolen the Court. They've overturned Roe. They've undermined our democracy. And expanding the Court is our only shot at rebalancing the system and regaining those rights."

"This is only headed in one direction," she warns. "The ideologues on the Court are only going to get more radical. They're only going to get more unhinged. I think leaders can lead, or they try to play catch-up later after countless people have been irreparably harmed. And that's really the situation we're in."

"Living under the control of this Court --- it's not tenable. It's not sustainable. It's not going to stand," she argues. "Eventually we are going to get there." So, why are the bulk of elected Democrats, including the President, still pulling their punches and dragging their feet on this? We discuss that and much more with Lipton-Lubet today.

Finally, Desi Doyen has our latest Green News Report on a week that has been so grim for the climate that we're considering a new name for our GNR. Tune in to find out what it might be!...

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GOP election denier wins MD Guv primary; Bipartisan Senators unveil electoral reform bills; Bolsonaro plays Trump card; GA D.A. cracks down on Giuliani, Graham, fake electors; House Dems play hardball; Biden unveils actions for climate crisis...
By Brad Friedman on 7/20/2022 6:57pm PT  

There were almost too many clear and present dangers to fit into today's BradCast. But we did our best. Buckle up. [Audio link to full show follows below this summary.]

Among them...

  • Trump-endorsed 2020 election denier, Dan Cox, named as winner of Maryland's GOP gubernatorial primary. Democrats rejoice...but should they?
  • A bipartisan team of U.S. Senators, lead by Maine Republican Susan Collins and West Virginia Democrat Joe Manchin, strike a deal to reform the Electoral Count Act of 1887 to clarify, in theory, that Vice Presidents may not steal elections during joint sessions of Congress to confirm Electoral College votes. We are, let's say, skeptically optimistic.
  • Brazil's far-right autocratic President Jair Bolsonaro --- loved by Trump and Tucker Carlson of Fox 'News' alike --- goes full Trump in declaring that his re-election contest in about 75 days, in which he is predicted to lose by a landslide, will be marred by massive fraud requiring military intervention to sort out.
  • It's not looking good for Steve Bannon in his Contempt of Congress trial. It is looking much better, however, for those who believe in accountability and the rule of law.
  • It's also not looking good for a whole passel of conspirators who attempted to help Trump steal the 2020 Presidential election in Georgia, including Rudy Giuliani, Sen. Lindsey Graham, whose attempts to quash their subpoenas have failed so far, and 16 GOP fake electors now designated by Fulton County District Attorney Fani Willis as "targets" in the special grand jury probe.
  • GOPers in the House and Senate are squirming today, as House Democrats play some excellent hard ball (for a change) by calling votes on the Respect for Marriage Act, to give federal statutory protection to both same-sex and interracial marriage, and the Right to Contraception Act. Republicans are outraged --- OUTRAGED! --- that they're being forced to take a public stance on these issues during an election year, after SCOTUS recently made clear those previously Constitutionally-established rights may now be on their chopping block as well, following their corrupt overturning of Roe v. Wade.
  • Following the corrupt SCOTUS majority gutting the ability of the EPA to regulate carbon, and the corrupt Joe Manchin gutting Joe Biden and the Democrats' critical climate change agenda, the President announced plans for Executive Actions to take on the crisis which he describes (correctly) as a "clear and present danger"...

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Corrupt WV Dem still undermining Dems, nation, planet; Secret Service deleted Jan. 6 texts; Arrest warrant issued for indicted CO GOP election official; NY's GOP Guv nom submitted 13,000 fraudulent signatures...
By Brad Friedman on 7/15/2022 6:29pm PT  

I don't relish saying "I told ya so" on The BradCast. But, in today's lead story, unfortunately, I have to yet again. [Audio link to full show follows this summary.]

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

  • We've been telling you for months that West Virginia's corrupt Democratic U.S. Senator Joe Manchin --- whose family makes millions from the coal industry and campaign rakes in millions from the fossil fuel industry --- never had any intention of allowing any environmental measures to pass that might actually help reduce the deadly emissions that are causing our climate crisis. Nonetheless, his fellow Democrats and corporate media, like Charlie Brown, seem to keep buying his BS claims that he really really wants to adopt environmental provisions and raise taxes on the wealthy to help pay for them. After months of more pretend negotiations, Lucy pulled the football away from Charlie Brown yet again on Thursday night.
  • Gas prices are finally falling. Will Joe Biden get credit for that, since he was inappropriately blamed for Big Oil's record profits from war profiteering and price gouging? (Which all Republicans in Congress refused to outlaw recently?)
  • Texas' privatized, unregulated electric grid is on the brink of collapse yet again, thanks to record heat (which is thanks to a fossil fuel industry-sponsored climate crisis that all Republicans and Democrat Joe Manchin refuse to do anything about.) Will Lone Star State voters this November finally figure out who is to blame for the outages --- and hundreds of deaths that continue to come with them --- during both extreme heat and cold in the state?
  • Oh, look! The Secret Service seem to have accidentally erased all of their text messages from January 5 and 6, 2021, even after the Dept. of Homeland Security's Office of Inspector General asked to see them. Luckily, not much happened over those days that the American people would very much like to know about.
  • Oh, look! A D.C. Metropolitan Police Officer has reportedly testified to the bipartisan U.S. House Select Committee investigating the January 6, 2021 insurrection and Donald Trump's other attempts to steal the election that there was a physical altercation with Secret Service officials inside Trump's limo when he wanted to go to the Capitol instead of back to the White House that day. The alleged under-oath corroboration has so far received much less corporate media notice than the anonymous, still-unnamed person at the Service who claimed that Cassidy Hutchinson was lying during her explosive public testimony late last month about what she'd been told about the incident just after it happened. And the Secret Service officials who were supposed to come forward to dispute her story to the Committee have still failed to do so. (Sure would have been helpful if the Service hadn't erased their text messages from that day.)
  • Mesa County, Colorado's disgraced County Clerk (and recently failed GOP candidate for Secretary of State), Tina Peters, is in yet more legal trouble. The easily-duped MAGA election fraud conspiracy theorist --- now charged with 7 felonies and 3 misdemeanors related to her orchestrating an illicit scheme to unlawfully copy and publicly distribute very sensitive voting system software last year --- had a warrant issued for her arrest by a Judge on Thursday after she left the state without court permission to speak at another evidence-free MAGA election fraud conspiracy conference in Vegas.
  • But the actual election fraud perpetrated by GOP officials running for office continues. Just a few short weeks after 5 of the 10 Republicans running for the Gubernatorial nomination in Michigan were struck from the ballot for turning in tens of thousands of fraudulent petition signatures, it's happened again. This time in New York. The GOP nominee for Governor, U.S. Rep. Lee Zeldin --- who voted against confirming Joe Biden's 2020 Electoral College victory and whose website features a "Team Zeldin Election Integrity Task Force" page, vowing to work "around the clock now and into November to ensure we have fair elections" --- apparently turned in nearly 13,000 fraudulent petition signatures, including 900 pages of photocopies of signatures, in hopes of appearing on the Independent Party ballot line this fall. The Libertarian Party challenged the fraudulent signatures and the state Board of Elections confirmed the fraud, denying Zeldin a third line on the November ballot.
  • Finally, Desi Doyen has our latest Green News Report, with a passel of climate related stories that are so grim, we can't even bring ourselves to tease them here. On the other hand, she does have one pretty good piece of news out of California...so there's that!

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Guest: National security journalist Marcy Wheeler of Emptywheel.net...
[UPDATED with link to full transcript of interview with Wheeler.]
By Brad Friedman on 7/14/2022 6:34pm PT  

The big time former federal prosecutors are only just now beginning to catch up to what our guest on today's BradCast has been saying all along: Merrick Garland's Department of Justice is, in fact, on the job and Donald Trump is, in fact, in their sights. [Audio link to full show is posted below.]

At The Atlantic today, Ronald Reagan's former Deputy Solicitor General and George H.W. Bush's Deputy Attorney General, Donald Ayer, along with former Asst. Attorney General for the Civil Division at DoJ, Stuart M. Gerson, and former federal prosecutor and Chief Asst. City Attorney in San Francisco, Dennis Aftergut, declared that, after seven public hearings by the U.S. House Select Committee investigating the January 6, 2021 insurrection and Trump's multiple attempts to steal the election, "The evidence is now overwhelming that Donald Trump was the driving force behind a massive criminal conspiracy to interfere with the official January 6 congressional proceeding and to defraud the United States of a fair election outcome."

The three prosecutors, two of whom served in Republican Administrations, observe that "This was Trump's project all along" and there is now more than enough evidence to prosecute the disgraced former President. "The damage to America's future that would be inflicted by giving him a pass far outweighs the risks of prosecuting him," they write, "And the tradition of not prosecuting a former president must yield to the manifest need to protect our constitutional form of government and to assure that the violent effort to overthrow it is never repeated."

At New York Times earlier this week, Andrew Weissman, a long time federal prosecutor of high profile criminal conspiracies and a senior prosecutor on the Special Counsel team that investigated Russian interference in the 2016 election, argues that Garland's "bottom up" investigation --- working the way up the food chain from the hundreds of dupes on the ground on January 6, through the rightwing extremist militia group participants like the Proud Boys and Oath Keepers, now facing seditious conspiracy charges, to those in Trump's inner-circle --- is too slow, difficult and ultimately too narrow. He calls instead for a "hub and spoke conspiracy" probe, now that it's clear Trump was at the "hub" of multiple criminal "spokes" in his attempts to steal the 2020 election. January 6 was just one such "spoke".

Our guest today, however, who has perhaps been following every single indictment, federal court filing, and shred of available evidence as close or closer than anyone on the planet, has long been arguing that Garland's DoJ has been doing all of the above, and for some time --- whether the big time former federal prosecutors have finally gotten around to noticing or not.

MARCY WHEELER, the prolific independent national security journalist from Emptywheel.net, is a long time friend who has been joining us on the show for many months now, often to counter the many critics of Garland. She has long argued the DoJ is, in fact, on the case, and has a number of criticisms of Weissman's much-cited critique of the Department's probe.

She argues DoJ has long been carrying out a very broad investigation of the sort that Weissman is now calling for. In addition to the hundreds of grunts on the ground and dozens of seditious conspirators from the militia groups already charged, the Department has also been deliberately collecting a wide swath of critical evidence from members of Trump's inner-circle --- from Rudy Giuliani to Roger Stone to Michael Flynn to Sidney Powell to John Eastman to Mark Meadows and beyond.

Today's conversation, as usual with Wheeler, is complex and far-reaching. We discuss where folks like Weissman have been missing the big picture, and we discuss what she has learned from the Select Committee's hearings and where they still have information to learn themselves.

But the bottom line is this: Wheeler believes "there is plenty of evidence to prove that Donald J. Trump conspired and, himself, did obstruct the vote certification on January 6th," but that the DoJ "will not charge it...until they get a couple of more things in place." Those things, namely, are "four people," one of whom, she notes, the Trump camp itself believes "is about to go to prison."

Tune in to find out who those people are, and when Wheeler believes charges for Trump are likely to come down --- from someone who has been far ahead of the curve on all of this for the past year and a half or so. (Oh, and yes, she tells us that Steve Bannon, whose trial on criminal Contempt of Congress charges begins next week, is indeed in trouble too. "Probably more trouble than he knows.")

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Update 7/21/2022: Our friend "Spocko" was so impressed by Marcy's commentary in this episode that he created a full text transcript of my interview with her. He says he used AI to do it, so I can't vouch for the accuracy of it, but thought it might be helpful to some if I posted that link to it here for archival and posterity purposes.

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GOP TX Reps threaten law firm for out-of-state abortions; Facing contempt trial, leaked Bannon audio reveals Trump scheme to steal 2020; DoJ sues AZ for vote suppression; WI's GOP Supremes ban drop-box voting; GA GOP Senate nom's sad climate change remarks...
By Brad Friedman on 7/13/2022 6:24pm PT  

We've got a grab bag of news items on today's BradCast, though almost all of it ends up making the same case: 'Both sides' are decidedly not the same. [Audio link to full show follows this summary.]

We kick off with some listener mail, critical of our recent show discussing why it's so deadly important to elect Democrats in 2022 in order to have any chance of saving American democracy itself --- and much more along with it --- before 2024. The listener argues that, in fact, democracy no longer exists in the U.S. following 2010's Citizens United ruling by the Supreme Court. He argues that "both of the two major parties" are now so corrupted that "the chances of non-corporate funded candidates" being elected to national office are now "equivalent to nil". While that may come as a surprise to folks like Rep. Alexandria Ocasio-Cortez and Sen. Bernie Sanders, just to name a couple, there are many other reasons our correspondent couldn't be more wrong. We explain why.

The bulk of the news items in the rest of today's program underscore why that lazy "both sides are the same" notion (while founded in fragments of cynically misreported truths) is dangerously wrong. They also underscore how those on the Left who buy into that self-defeating nonsense are being played as assuredly as Donald Trump and his MAGA buddies have played their own gullible supporters.

Among those news stories covered today...

  • Elected Republicans members of the Texas state House, ironically calling themselves the "Texas Freedom Caucus," have sent a letter to a Dallas law firm threatening them with legal "consequences" including "felony criminal prosecution and disbarment" for reimbursing their own employees for out-of-state travel as needed to obtain an abortion, now that Texas Republicans have ended such rights and personal freedoms for residents of the Lone Star State.
  • A Donald Trump-appointed federal judge has laughed Steve Bannon's attempt to delay his pending federal trial out of the courtroom. The trial, on two counts of Contempt of Congress in response to the former Trump aide's unlawful refusal to respond to subpoenas from the bipartisan U.S. House Select Committee investigating the January 6 insurrection and Trump's many failed attempts to steal the 2020 election, is scheduled to begin next week and could result in up to two years in prison for Bannon.
  • At the same time, Mother Jones has obtained leaked audio of Bannon speaking to supporters of his Chinese billionaire pal/funder three days before the 2020 election, explaining that Trump planned to declare victory, whether he won the election or not, and pretend to be the victim of fraud. "He's gonna say they stole it...he's not going out easy...Trump is gonna do some crazy shit," Bannon promised (sound familiar?), as they all laughed about what would become the most dangerous assault on American democracy in our history.
  • DoJ has sued Arizona for violations of the National Voter Registration Act and Civil Rights Act, following the signing of a new voter suppression law earlier this year. Adopted by the state's GOP-dominated state legislature and signed by its Republican Governor, the new measure would block voters from voting in the 2024 election without first presenting documents proving their citizenship.
  • Wisconsin's GOP-dominated state Supreme Court finds absentee ballot drop-boxes are now illegal in the Badger State. Donald Trump declares the ruling to be proof that he actually won Wisconsin in 2020! (He didn't.) And a Republican state lawmaker running for Governor vows to reverse the state's election results in response.
  • In Georgia, a pathetic audio clip from the Republican Party's U.S. Senate nominee, Hershel Walker, discussing climate change --- ("Since we don't control the air, our good air decided to float over to China's bad air. So when China gets our good air, their bad air got to move. So it moves over to our good air space. Then...now we got we to clean that back up.") --- underscores, once again, the sad, cynical (and ill-considered) scheme by GOPers to push this seemingly mentally ill former football star as their candidate to run against Democratic Sen. Raphael Warnock this fall.
  • And finally, Desi Doyen has our latest Green News Report, as wildfires once again threaten California's iconic Giant Sequoias; Utah's Great Salt Lake is drying up; and offshore wind power is booming...in China...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Special Coverage with Heather Digby Parton of Salon, David Faris of Roosevelt University...
By Brad Friedman on 7/12/2022 6:43pm PT  

It was Day 7 of public hearings for the bipartisan U.S. House Select Committee probe of Donald Trump's January 6th insurrection at the U.S. Capitol and his multiple failed attempts to steal the 2020 Presidential Election. We've got full Special Coverage once again on today's BradCast. [Audio link to full show follows this summary.]

If you've been turning away over the past week or so, we've got a quick recap of "our story so far" at the top of today's show, summing up the key elements of the six previous public hearings by the Committee. In short, to sum up that summary, Donald Trump knew everything and was personally involved in everything. He knew there was no fraud of note in the 2020 election, as all of his top advisers and legal experts told him as much, but he continued to lie about it anyway. He knew that his efforts to reverse election results to steal the election from Joe Biden in various swing-states and at the joint session of Congress on January 6, 2021 were unlawful and/or Constitutional. Again, we've been shown that all his top advisers told him as much. He relentlessly pushed for it anyway. And he knew that calling his supporters to D.C. on January 6 and directing them to march on the Capitol would result in violence led by armed extremist groups. He was advised against it, but he did it anyway.

Today's hearing picked up on Trump's "call to arms" to his supporters. It came in the middle of the night in his now-infamous "Big protest in D.C. on January 6th. Be there, will be wild!" tweet, issued just hours after an insane, "unhinged", hours-long December 18, 2020 White House meeting with his personal crackpot attorneys Sidney Powell and Rudy Giuliani, his felonious former National Security Adviser Michael Flynn, former Overstock.com CEO Patrick Byrne (for some reason) and a bunch of White House attorneys. The latter angrily tried to derail the MAGA coup plotters plans to have the President issue an Executive Order to seize the nation's voting machines and install Powell as a Special Counsel to investigate fraud and issue arrests. Even Trump loyalist and White House Counsel Pat Cipollone --- who finally testified to the Committee last Friday --- said he "vehemently opposed" the "terrible idea." That, after repeatedly asking for any evidence of fraud and being shown none at all.

That bonkers meeting, and its fallout --- resulting in the tweet that "electrified and galvanized" his supporters immediately thereafter --- was detailed in the first part of today's hearing, with mountains of evidence and video-taped testimony. The second part covered what happened next, as the extremist groups which supported Trump, including the Proud Boys and Oath Keepers (the leaders of which have already been indicted for seditious conspiracy), descended on D.C., planning for the violence --- and much worse --- that eventually occurred.

The Committee shared video of Trump's media supporters, immediately after his "will be wild!" tweet, calling on their own followers to join them in D.C., including rightwing conspiracy radio host Alex Jones and others. One called for "storming right into the Capitol," noting "the rules of engagement: If you have enough people, you can push down any fence or wall." Another vowed "There are gonna be a million, geeked-up armed Americans" coming to occupy D.C. in response to Trump's call.

All of that, weeks before Trump eventually directed them to march to the Capitol on Jan. 6 in what, the Committee showed through several draft tweets and speeches, was absolutely not a spontaneous ad-lib made by Trump during his remarks on the Ellipse. The armed march on the Capitol was the plan all along.

On the night before the attack, according to White House call logs obtained and revealed by the Committee today, Trump's disgraced former aide Steve Bannon took to his "War Room" podcast just after a conversation with the then President to declare: "All hell is going to break lose tomorrow. It's all converging and now we're on the point of attack. It's not gonna happen how you think it's going to happen. It's gonna be quite extraordinarily different and all I can say is strap in."

One witness at the end of today's hearing were Jason Van Tatenhove, an independent journalist turned self-described Oath Keepers propagandist, who says he left the group 5 years ago after seeing them become more and more racist and violent. The other was Stephen Ayers, a January 6 rioter and Trump believer. He was not tied to any of the extremist groups. He was just a guy, "a family man" who answered Trump's call to come to D.C. and "fight like hell" to "save the country" as he believed Trump needed him to do. He was arrested and pleaded guilty to disorderly conduct at the Capitol and now regrets every part of it, believes it was all a con, but has since lost his job and much more after having fallen for Trump's Big --- violent, deadly --- Lie.

Today's hearing came to a close with another Liz Cheney cliff-hanger. This time she revealed that Trump had attempted to contact one of the Committee's witnesses following their last hearing. "We will take any effort to influence witness testimony very seriously," vowed the Committee's Republican Vice Chair, adding that the Justice Department had been notified about the apparent witness tampering by the disgraced former President.

Joining us to make sense of all of this today are, once again, HEATHER DIGBY PARTON of Salon and Hullaballoo, joined this time by DAVID FARIS, Associate Professor of Political Science at Roosevelt University and a contributor to both Newsweek and The Week.

"They've been setting up the various strands," Parton explains, describing today's hearing focused on Trump's directives to his violent supporters, as she cited Andrew Weissman's recent "'hub and spoke' conspiracy" op-ed at NYTimes. "There were a number of different spokes going out from the Oval Office, which included the 'voter fraud,' the fake electors, the DOJ, Mike Pence. This was one of the spokes, and it's a huge one, because it is the spoke that leads from the White House and the Oval Office to the insurrection on January 6th. That part of the whole coup plot, the conspiracy to keep Trump in office come what may, that was a huge one."

"Big picture, I think these hearings have a number of different purposes. One is to provide concrete evidence of a systematic and sustained effort to extra-constitutionally overturn the results of the 2020 election," Faris observes. "Stealing the election. That's a coup. We've learned a lot more during these hearings about the mechanics of the coup. The bottom line is that the people who were putting these plans into motion knew perfectly well that they were illegal."

He also notes that he believes these hearings are likely to spur the DoJ into action. "There are a lot of little Trump lieutenants running for office who are planning to do things like manipulate the vote in 2024, or use extra-constitutional procedures to install a Republican candidate for President into office," Faris tells us. "There are a lot of people who are contemplating committing crimes in another conspiracy against the United States, and if you do not show them there are consequences to the people who did it the first time, I don't see how those people can draw any other conclusion then that they'll get away with it. I wish that we were not in this position where we have to talk about indicting a former President. It's not great. But I don't think he can be allowed to skate without really jeopardizing our democracy."

Lots more on today's show, of course, from the hearing itself and via smart analysis from Parton and Faris as, yes, the walls continue to close in on Donald J. Trump...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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And why SCOTUS has given us no choice but to elect Democrats in 2022 to save democracy itself in 2024...
By Brad Friedman on 7/11/2022 5:55pm PT  

We had a bunch of excellent callers on today's BradCast. It sounds like many of them heard my warning today. Hopefully you will too. [Audio link to full show is posted below this summary.]

But, first up, on our first show after taking several much-need days off last week, we catch up with just a few of the most noteworthy items from what turned out to be another very busy news week. Among those items...

  • the Independence Day mass shooting in IL;
  • the popular and political uprisings resulting in agreements by both British Prime Minister Boris Johnson as well as Sri Lanka's Prime Minister and President to resign;
  • the horrific assassination of Japan's longest-serving Prime Minister Shinzo Abe (in a nation where just one person, out of population of 125 million, was killed by a gun in 2021);
  • the excellent jobs and unemployment numbers released by the Labor Department last Friday (and, as usual, ignored by the bulk of the corporate media due to everything else);
  • the good news that Rudy Giuliani, Sen. Lindsey Graham and 5 others who served as attorneys for Donald Trump in 2020 have now been subpoenaed to testify by the Special Grand Jury in Atlanta, convened by Fulton County District Attorney Fani Willis, in her criminal investigation of the disgraced former President's attempt to steal Georgia's election in 2020.
  • All of that in advance of another public hearing to be held on Tuesday by the bipartisan U.S. House Select Committee probing the Jan. 6 insurrection and Trump's multiple failed attempts to steal the election from Joe Biden and the American voters.

Then, its back to the issue that I haven't been able to get out of my head since we previously WARNED about it on our last show before taking a break. Specifically, the corrupt, extremist, illegitimate U.S. Supreme Court's announcement that they intend to hear Moore v. Harper next term, in a case that will give the stolen and packed far-right Court majority the opportunity to undermine American electoral democracy as we know it. That is not an overstatement.

If you thought what the Supremes did at the end of this past term --- ignoring the text of the Second Amendment in order to block states' rights to well-regulate firearms; stripping away previously protected Constitutional privacy rights and reproductive freedoms to overturn Roe v. Wade; all but ending Constitutionally-required Miranda Rights for those detained by law enforcement; further eroding what's left of our Constitutional separation between Church and State; and gutting the ability of the EPA to regulate carbon emissions driving our deadly climate crisis, as mandated by Congress --- well, you ain't seen nothin' yet.

As explained, SCOTUS is now set to undermine any and all elections laws for federal elections enacted by state Boards of Elections, Secretaries of States, Governors, state constitutions, state Supreme Courts or even ballot initiatives adopted by voters themselves. The corrupt Republican Court is likely to do this by declaring that Article II, Section 1 of the Constitution mandates that state legislatures --- and only state legislatures --- may determine laws regarding the "manner" of federal elections. Specifically of note in 2024, the way each state appoints Electoral College votes, as the Constitution says, "in such Manner as the Legislature therefore may direct".

In other words, in 2020, while most swing-states had rules, laws and state Constitutional mandates in place declaring that voters shall determine who will win the state's Electoral votes, an opinion by the Court, likely to come as early as 2023 in Moore v. Harper, will free up the gerrymandered GOP-controlled state legislatures in our nation's half a dozen or so swing-states to name anybody they like as the winner of their Electoral College votes, no matter what the Governor, state Courts or, crucially, the voters of those states have to say about it.

It's called the "Independent State Legislature" theory (or doctrine, as the GOP autocrats supporting it describe it.) As we noted in our last show on this, this is not a drill. This is very real, and now even very likely to happen.

While we were away, our friend and colleague Thom Hartmann posted a chilling Twitter thread on the ISL theory/doctrine, detailing just one potential scenario --- which includes thousands of dead bodies in the streets --- which he describes as not "just plausible" but now "probable".

We agree. Thus, we explain the importance of electing Democratic majorities in 2022 in both the U.S. House and Senate as our only hope of defeating this "probable" scenario. If 52 Democrats can be elected in the Senate and the Party is able to hold the House (both tall lifts), then the possibility of filibuster reform in the upper chamber and the expansion of the Supreme Court in order to unpack and uncorrupt it becomes a reality.

As discussed on today's show, the luxury of pretending that "both parties are equally bad" is over, as I see it. And not because I give a damn about protecting Democrats, but because I believe we must protect --- indeed, SAVE --- democracy itself at this point.

Anyway, please tune in for a very lively, if occasionally chilling hour, along with some really great calls from listeners on all of this in the second half...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

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

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

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

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

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

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

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

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

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

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

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

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

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Slate's Mark Joseph Stern on that and much more on the final day of the corrupt rightwing Supreme Court's unprecedented term...
By Brad Friedman on 6/30/2022 6:23pm PT  

On today's BradCast: It was the grand finale at the end of a U.S. Supreme Court term like no other. Now that its packed with rightwing extremists, the unleashed activists on the GOP's illegitimate 6 to 3 U.S. Supreme Court pretended on Thursday that the text of the written law doesn't say what it actually says, in order to offer a parting gift for the year to the fossil fuel industry --- as the nation and globe burn.

The Clean Air Act, as Justice Elena Kagan wrote [PDF] on behalf of the three dissenters, "directs the EPA to regulate stationary sources of any substance that 'causes, or contributes significantly to, air pollution' and that 'may reasonably be anticipated to endanger public health or welfare.'" She made clear that, as the Court has determined on multiple occasions, the Environmental Protection Agency "serves as the Nation's 'primary regulator of greenhouse gas emissions.'"

But, never mind all of that. On Thursday, writing for the Court's far-right majority in West Virginia v. EPA --- and ignoring its own precedents --- Chief Justice John Roberts pretended none of those mandates existed in the law adopted by Congress in 1963 and amended a number of times over the years. Despite any actual existing Administrative rule to regulate carbon emissions by coal and gas-fired power plants --- Barack Obama's Clean Power Plan was put on hold by the Court years ago, and Donald Trump's scheme to restrict the EPA's power to do so was rejected by lower courts --- SCOTUS took up this coal-industry sponsored law suit and gave them pretty much everything they sought, text of the written law be damned.

As they did when striking down the Administration's vaccine-or-test mandate, the Court once again invoked their newly invented "Major Questions" doctrine in order to declare that any issue that may be controversial in any way may not be decided by the scientists and experts at the federal agencies created to handle such things. Instead, they must be specifically directed, by Congress, to do so. Because the Clean Air Act, which tasks the EPA with regulating dangerous pollutants --- such as carbon released by coal-fired power plants, currently exacerbating our deadly climate crisis --- doesn't actually cite "carbon" specifically, the Trump/McConnell/Roberts Court has now declared the federal agency may take no action to help reduce it. Never mind their own previous findings and, of course, the number of Americans who will die because of this ruling.

The opinion was as predictable as it is corrupt. We're joined today by the great MARK JOSEPH STERN, legal journalist and Constitutional law expert at Slate, to discuss the opinion that will not only limit the EPA from doing the job it has already been tasked with by Congress, but prevent many other federal agencies from carrying out their mandates as well. It's all part of the corporate rightwing's long "war on the Administrative State". And it's a war they are now winning --- and we are all losing.

"Massachusetts v. EPA held that the federal government must --- not can, but must --- regulate and limit carbon emissions in the United States because carbon is a pollutant under the Clean Air Act, and thus the EPA has a legal obligation to institute guidelines that reduce the level of greenhouse gases the US is emitting," Stern emphasizes, noting that today's opinion in West Virginia v. EPA "involves a regulation that does not exist."

Nonetheless, "the Supreme Court decided to take it up just to stop Joe Biden from trying" to regulate the greenhouse emissions now warming our planet at an alarming rate. "The Supreme Court," Stern adds, "decided to simply slap limitations on [the Clean Air Act] that do not exist in the text because they do not like it as a matter of policy."

As to the so-called "Major Questions" doctrine, argues Stern, "It's hard to define, because it is made up." It's not in the Constitution and, as far as he can tell, "it comes from Brett Kavanaugh's brain. This was his idea when he was on the lower court, to try to smuggle in a kind of anti-regulatory agenda into what looks like statutory interpretation."

"The basic idea is that if an agency tries to take some kind of very consequential action, that has a serious and vast impact on the people, or the economy, or private industry, then that is a 'major question', and the Congress has to give the Agency an extremely granular and explicit permission slip to do what it wants to do, otherwise the courts will block it. The problem with this test that should be clear, is that it is totally subjective. What looks like a major question to you may look like a frivolous question to me, and it really shifts policy-making over to unelected judges from experts in federal agencies."

Of course, this is just one of the many reasons I don't refer to these people as "conservatives". They don't merely interpret the law and the Constitution, as they claim. They make shit up to justify their politics. They are the "activists legislating from the bench" that Republicans pretend to oppose --- when they are trying to block Democratic appointees from positions on the bench.

There is much more today from the wise and colorful Mr. Stern, on this matter; on a separate (largely good news) ruling from the Court today on immigration policy; on the Court's opinion last week that begins to gut the famous Miranda Rights (the right to remain silent, to an attorney, etc.) for people who are detained by law enforcement (a "sleeper case" overlooked because it came on the same day that the Court overturned Roe v. Wade); on what will or can happen once the illegitimacy of this Court becomes clear to all; and on Justice Stephen Breyer's last day on the Court today before Justice Ketanji Brown Jackson was sworn in as its first-ever black female jurist.

As if that's not enough, a ruling this week by SCOTUS overturned a lower federal court that found Louisiana's newly gerrymandered Congressional District map to be an unconstitutional violation of the Voting Rights Act. The lower court ordered another black majority District to be created, as state Republicans had only one among six, in a state where one-third of population is black. The ruling was similar to another in Alabama, which SCOTUS also struck down recently, ordering both states to use the gerrymandered and unconstitutional House maps drawn by Republicans for this year's critical 2022 midterm elections.

Does this signal the Court intends to overturn the entirety of the landmark Voting Rights Act, as they did with Roe? "Yes," Stern answers, before explaining how "really, they've already done it."

And then there's the new case that SCOTUS announced today they will take up in their next term, as their destruction continues. It's an election case out of North Carolina to allow the Court to create another pretend legal notion that the Right calls the "Independent State Legislature" Doctrine.

"I am terrified about this case," Stern says, as it will almost certainly be decided to allow "state legislatures to appoint electors in the Electoral College to the losing candidate in a Presidential race. Which is exactly what Donald Trump wanted them to do in 2020, and what Ginni Thomas was urging legislators to do while her husband was trying to institute this theory."

"The American people are in deep, deep, DEEP trouble," he warns.

Please "enjoy" today's program!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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