Biden EPA grants CA waiver to phase out all-gasoline cars; Microplastics linked to cancer; PLUS: GOP plan to expand natural gas exports would drive up prices for Americans...
Guest: Joshua A. Douglas on voting laws and a President's power to change them; Also: House panel to release Gaetz report; Trump's plan for reversing Biden climate, energy initiatives...
'Apocalyptic' cyclone slams Indian Ocean island; Malaria on the rise; Swiss ski resort gives in to climate change; PLUS: Biden EPA finally bans cancer-causing chemicals...
THIS WEEK: Kashing In ... Billionaire Broligarchy ... Slow Learners ... Exiting Autocrats ... and more! In our latest collection of the week's best toons...
Firefighters struggle to contain ferocious Malibu wildfire; The planet is getting drier, new study finds; PLUS: Arctic has shifted to a source of climate pollution, NOAA reports...
Syria falls, S. Korea on the brink, Romania to rerun Prez election after Russian interference; Callers ring on whether Biden should issue preemptive pardons...
THIS WEEK: What Mandate? ... Cabinet Medicine ... Concept Plans ... Pardon-pocrisy ... and more! In our latest collection of the week's itty bittiest toons...
U.N. court to rule on landmark climate case; NC town sues Duke Energy for deception; S. Africa blocks new coal plants; PLUS: Global warming driving drought in U.S...
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...
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...
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...
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...
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...
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...
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...
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...
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...
Notwithstanding Donald Trump's 4-Pinocchio claim that low-end wages are on the rise, there is an ample body of evidence that wealth inequality has reached levels not seen since the onset of the Great Depression. Those who study the issue often compare the financial holdings of the privileged few to those of the many.
A 2017 study, for example, revealed that just three individuals – Bill Gates, Warren Buffet and Jeff Bezos – had, at that point, held as much wealth as the bottom 50% of the American population --- some 160 million people. It's a wealth gap that continues to grow exponentially.
Amazon founder and Washington Post owner Jeff Bezos is the Ebenezer Scrooge-like poster child for obscene wealth disparity. Last year, Bezos agreed to pay Amazon employees $15 per hour wages, but only after sustained pressure from Senator Bernie Sanders (I-VT) and Rep. Ro Khanna (D-CA), who introduced the StopBezosAct.
At $15 per hour, a full time, 40 hour per week Amazon employee would earn $31,200 per year, before taxes. How generous! According to Business Insider, every 60 seconds, Bezos earns $149,353. That's more than four (4) full-time Amazon employees collectively earn in a year. Bezos' per minute earnings are $56,000 higher than the $93,170 in annual earnings an individual would have to make in order to be placed within the top 10%.
In the minds of most people, $215 million looks like an enormous sum of money, and it is. Business Insider reports that Bezos rakes in $215 million per day, every day, and more than $6.5 billion per year. Amazon, which reported $11.2 billion in earnings last year, did not pay one dime in federal taxes.
While these numbers are essential to understanding our gaping inequality problem, they really don't do much by way of exposing what life is like for those at the bottom end of the scale, to wit: the homeless, who, to many, are simply "invisible" .
In a recently released report (see below) titled, "Paradise Lost", Eric Johnson of Seattle ABC News affiliate, KOMO, takes an in depth look at what wealth disparity has wrought for those at the very bottom --- the 59,000 homeless people in Los Angeles County. Not mentioned by Johnson is that 11% of those struggling to survive without a roof over their heads are U.S. military veterans. The numbers of individuals in L.A. who are slipping into the homeless abyss, according to Johnson, are increasing --- by 16% over the previous year.
Johnson focused on what he described as "the worst man-made disaster in the United States" --- "53 square blocks of suffering and mental illness and drugs on a level that is hard to fathom." For the homeless of L.A., conditions may be even worse than those experienced during the Great Depression. They face what Johnson described as "the long-ignored cousin of addiction and homelessness: disease."
"We have not seen conditions for humans like this since medieval times. Period. And that's a fact," Dr. Drew Pinsky told Johnson. He is, literally, correct...
Guests: Heather Digby Parton and Richard 'RJ' Eskow on Harris' 'breakout', Biden's 'stumble', Bernie's plan for private insurers, Yang's Universal Basic Income, and Marianne Williamson's '4th dimension'!...
Our Special Coverage of this week's first 2020 Democratic Presidential Debate in Miami continues on today's BradCast, with post-debate analysis, insight and occasional snarky comment regarding Night Two of the festivities! [Audio link to show follows below.]
The second night featured ten more Presidential hopefuls, including: VT Sen. Bernie Sanders; former Vice President Joe Biden; CA Sen. Kamala Harris; South Bend, IN Mayor Pete Buttigieg; NY Sen. Kirsten Gillibrand; CO Sen. Michael Bennett; CA Rep. Eric Swalwell; former CO Gov. John Hickenlooper; former tech executive Andrew Yang; and author and spiritual advisor Marianne Williamson. It was a very lively affair, to say the least, and our coverage today, I'm fairlly certain, rises to a similar level.
Joining us once again today for the hour is Salon's and Hulaballo's award-winning HEATHER DIGBY PARTON as our through-line from yesterday's coverage. She's paired today with our old friend RICHARD "RJ" ESKOW, longtime political columnist, host of the weekly The Zero Hour radio and TV program and, most helpfully today, a former insurance industry executive!
Among the many issues discussed after Thursday's debate:
What the media are describing as a breakout performance from Harris, including her face-off with Biden over his history of working with segregationists in the U.S. Senate (and what it may tell us about her ability to take on Trump);
whether Biden can sustain his polling lead after a shaky performance, raising questions about his age (along with similar concerns about Sanders and MA Sen. Elizabeth Warren, to be fair);
how the matter of whether the candidates' various proposals for universal healthcare coverage deal with private insurers will be used against them by both the Right and the corporate media (as well as whether or not those proposals will apply to undocumented immigrants);
how well the cases made by younger candidates such as Buttigieg or Swalwell seems to be going over after the first debate; whether Silicon Valley tech exec Andrew Yang's proposal for Universal Basic Income makes any sense;
at least one topic that the moderators, shamefully, did not raise yesterday;
and even a few "insider" thoughts on the seemingly "4th dimensional" Marianne Williamson.
All of that and much more on today's very lively and hopefully both entertaining and informative BradCast Special Coverage!...
[And if you missed our Night ONE coverage, it's right here!]
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Also: Sestak jumps in; SCOTUS says trademark law is 'FUCT'; Pence defends squalid conditions for detained children; Even NC knows hand-marked paper ballots are needed, so why doesn't L.A. County?; Callers ring in on the Dem 'horse race' before this week's two-night Dem debate...
We've largely stayed away from the "horse race" on the Democratic side of the 2020 Presidential race to date, preferring, as we're wont, to focus on more immediate issues, as well as the "track conditions" on which the horses are set to run next year. But on today's BradCast, we finally open the phones to turn to the horse race a bit, in advance of this week's first 2020 Presidential debates.
But first, a few news items of note. Among the stories covered today before we turn to the phones....
Were you thinking that 23 or 24 candidates for the Democratic Presidential nomination just wasn't enough? Were you hoping one more white male from a swing-state might enter the race? Well, retired three-star Navy Vice Admiral, former Pennsylvania Congressman and failed U.S. Senate candidate Joe Sestak may be the man for you!;
In U.S. Supreme Court news, the Justices released an opinion today finding that the decades-old federal statute preventing the issue of trademarks to brands determined to have "scandalous" or "immoral" names is, in fact, an unconstitutional violation of the Free Speech clause. That will be good news to lifestyle brand FUCT which had been denied a trademark registration for years. In her opinion for the majority, Justice Elana Kagan also may have offered a preview, according to Mark Joseph Stern, of, at least, her opinion on the Court's upcoming crucial ruling on partisan gerrymandering, as she noted that free speech cannot be denied on the basis of viewpoints or ideas conveyed. The challengers in the two partisan gerrymandering cases pending before the Court --- with a decision due any day now --- are arguing that state political opponents are seeing their voting power diluted by the party in power on the basis of their political viewpoints when it comes to the partisan gerrymandering of maps for the U.S. House and state legislatures;
In a follow-up to our Friday program's segment focused on horrific conditions for migrant children detainees on the border, Vice President Mike Pence was on CNN Sunday, working very hard to filibuster and otherwise avoid Jake Tapper's direct questions about the Administration's argument --- offered last week in federal appeals court --- that denying soap and toothbrushes to children forced to sleep on freezing concrete under a single foil blanket in overcrowded facilities somehow qualifies as "safe and sanitary" conditions for those children, as required by federal courts. Late today, some good news on that front, as nearly 300 children at a "squalid" Texas facility --- featuring lice, the flu, kids who hadn't showered in weeks, and detained children asked to take care of infants and toddlers --- have now been transferred out of at least that horrific facility...at least for now;
Then, with one failure after another after another in North Carolina's elections in recent months and years, even the former counsel for the North Carolina state Board of Elections is now calling for HAND-MARKED paper ballots for every voter. So why isn't the state of Georgia? Why isn't the city of Philadelphia in the key swing-state of PA? Why is the nation's largest voting jurisdiction, Los Angeles County, now moving from hand-marked paper ballots to 100% unverifiable touchscreen Ballot Marking Devices (BMDs) in advance of the 2020 Primaries? And why is Mitch McConnell in the U.S. Senate blocking any and all legislation that would increase election security by, among other things, mandating a hand-marked paper ballot for all voters? We discuss. Again;
Then, we open up the phone lines to callers, with the broad questions in advance of the first 2020 Democratic Presidential debate this week: What will our listeners be looking for in this Wednesday and Thursday's two-night face-off among 20 candidates? What is the most important factor they hope to find in a Democratic nominee? Who do they like so far and who do they not like? We offer the chance to advocate --- or bash --- any of the candidates callers may wish, along with the question: Would they vote for a nominee they may not like in the general election, rather than hand Donald Trump a nation- and planet-devastating second term? We got a lot of good callers and interesting thoughts from them along the way...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Court punts on discrimination case, allows VA racial gerrymander fix, leaves Constitution's double-jeopardy loophole in place; Also: Iran pushes back; More bad 2020 news for Trump; Confused anti-choicer rings in...
Catching up with a weekend's worth of news in the Trump era plus the new Supreme Court decisions dropped on Monday is no easy feat. But we do our best, on today's BradCast, to get you up to speed after all of that and the madness yet to come (no doubt) this week. [Audio link to show is posted below.]
Among the stories covered today...
A quick update on the case of anti-authoritarian author and journalist David Neiwert who we interviewed on Friday. Incredibly, his Twitter account is still suspended almost a full week since Twitter first took him down due to his use of a graphic on his profile from the cover of his most recent book, Alt-America: The Rise of the Radical Right in the Age of Trump. The image is a Ku Klux Klan mask over each of the white starts on the U.S. flag, which the anti-KKK author is being told he must remove because it's considered a hate symbol. He still refuses to do so, and Twitter has yet to reassess it's ill-considered policy;
Next, Iran has announced that, in the next 10 days, it is speeding up nuclear enrichment and will exceed the levels of uranium allowed under the landmark seven-nation anti-nuclear agreement brokered during the Obama Administration, following the Trump Administration's unilateral withdrawal from the treaty last year and his subsequent violations in restoring crippling sanctions against the Islamic Republic. With what had been a very good deal now broken by Trump, the Administration continues to saber rattle against Iran, with AP reporting late today that the U.S. plans to send an additional 1,000 troops to the Gulf;
Back home, the U.S. Supreme Court has begun releasing its end of term opinions. Among those released today, the Court ducked a ruling concerning yet another baker --- this time in Portland, Oregon --- who refused to bake a cake for a same-sex wedding. Sending the case back down to the lower court also likely means they will avoid having to make a decision on it during their next term, which ends smack dab in the middle of the 2020 Presidential election season;
More substantively, for the moment, good news for Democrats as the Court allowed a lower court ruling to stand in Virginia, where Republicans were found to have used unlawful racial gerrymanders in drawing state legislative seats after the 2010 census. The lower court has imposed fairer maps that will now be used, for the first time, in the Commonwealth's statewide elections this November. (VA holds "off-year" elections, so the entire House of Delegates will be on the ballot when one or both of the General Assembly's chambers could finally be taken over by Democrats with new, fairer maps in place.) The Supremes let the lower court ruling stand after determining that the gerrymandered GOP House of Delegates did not have standing to intercede after the state's Democratic Attorney General chose not to appeal the new maps mandated by the lower court. The 5 to 4 decision, however, was a mix of very strange bedfellows, with liberal Justice Ruth Bader Ginsburg writing for the majority and supported by Justices Sotomayor and Kagan (not a surprise) along with Thomas and Gorsuch (very much of a surprise!). That also left the usually progressive Stephen Breyer siding with the rest of the Court's right-wingers. Though we speculate on that strange mix of votes, we hope to have more insight later this week;
And in the last of the SCOTUS matters for today, the Court also ruled on a case of double-jeopardy regarding a man facing prison time from both the state of Alabama and the federal government for the same crime. What has become a loophole in the U.S. Constitution's restriction against being tried twice for the same crime will remain in place, despite the dissent from --- another odd couple --- Ginsburg and Gorsuch who both dissented. But that bad news for civil libertarians who had hoped to close that Constitutional loophole once and for all with this case, is good news for those who fear Donald Trump may pardon members of his crime syndicate, like his former campaign chair Paul Manafort. He is currently facing years in federal prison, unless pardoned by Trump. But, due to the Constitutional exception that allows similar crimes to be tried against the same person at both the state and federal level, even if pardoned, Manafort would be forced to face the fraud charges currently filed against him by the state of New York;
And, speaking of politics and Trump-related criminality, a new survey by the President's favorite fake news outlet, Fox "News", finds at least five of the top 2020 Democratic Presidential candidates are defeating him in NATIONAL polling, with former Vice President Joe Biden and Sen. Bernie Sanders currently dusting Trump by about ten points each. Also besting Trump in the new national poll currently --- well over a year out from the actual election --- are Senators Elizabeth Warren and Kamala Harris, as well as South Bend, Indiana Mayor Pete Buttigieg, though their leads are within the poll's margin of error. The new Fox poll echoes similar findings from Quinnipiac last week. So we offer similar warnings about the misleading nature of national polls (we don't have a national election! Just ask Hillary Clinton!), especially those taken 17 months before Election Day and before Democrats have even held their first debate (scheduled for next week);
In perhaps more noteworthy polling news, there has been a steep and quick rise in support for official impeachment hearings --- at least among Democrats --- as revealed by a new NBC News/Wall Street Journal poll. And, with that, pressure for impeachment continues to rise in Congress as well, according to comments from Democratic New York Rep. Alexandria Ocasio-Cortez who discussed the matter over the weekend on ABC's This Week. We share part of her remarks from Sunday in which she (correctly) argues that "impeachment is incredibly serious and this is about the evidence the President may have committed a crime, in this case, more than one." Rebutting the political considerations that have, so far, prevented U.S. House Speaker Nancy Pelosi from allowing the Democratic caucus to begin an official impeachment inquiry in the House, AOC adds: "Our decision on impeachment should be based in our Constitutional responsibilities and duties and not in elections or polling";
Finally, with the little time we have left today, we open up the phones to some calls, which is mostly eaten up by a woman who appears to be very confused in her "pro-life" anti-abortion argument about how conception actually occurs, as she cites her Christian religion for why women should not be able to decide for themselves regarding personal health care decisions.
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Guest: Author, investigative journalist David Neiwert; Also: Don't fall for Admin's Iran scam; DNC sets spots for first 2020 debate; Sanders defends democratic socialism, calls for FDR's Economic Bill of Rights...
On today's BradCast: A longtime investigative journalist who has documented the rise of the radical right has been suspended from Twitter for a ridiculous reason. Should that be cause for alarm for some of those on the left who applauded the recent removals of right-wingers from that and other social media platforms? [Audio link to show follows below]
But, first up today: Don't fall for it. The Trump Administration is making all sorts of evidence free allegations that Iran is attacking shipping tankers in the Persian Gulf. The Japanese owner of one of those tankers offers evidence that directly contradicts the U.S. claims and, so far, no other country is backing up Sec. of State Mike Pompeo's litany of evidence-free charges that Iran is behind a number of recent attacks. Of course, that didn't keep Donald Trump from telling Fox "News" on Friday: "Iran did do it and you know they did it, because you saw the boat." He was referring to a grainy, black and white video released Thursday night by U.S. Central Command purporting to show an Iranian vessel removing an unexploded mine from one of the tankers. Funny how easily Trump is convinced by remarkably thin evidence about something he wants to believe, versus mountains of evidence, gathered over years by independent sources, on things like climate change and his own obstruction of justice. Don't fall for it. Not again.
Then, we're joined by award-winning investigative journalistDAVID NEIWERT who, since Tuesday, has been "temporarily suspended" from Twitter due to a profile graphic he's used for two years on his account there, without incident, as taken from the cover of his 2017 book Alt-America: The Rise of the Radical Right in the Age of Trump. Neiwert, who has been a contributing writer for the non-profit Southern Poverty Law Center's "HateWatch" blog, as well as for MSNBC where his 2000 reporting on domestic terrorism earned him the National Press Club Award for Distinguished Online Journalism, was informed by the popular social media platform that the profile graphic from his book --- a cleverly designed image of KKK hoods atop each of the white stars on the American flag --- violates Twitter's "sensitive media policy" rules barring "symbols historically associated with hate groups" in profile or header images.
Obviously, his use of the graphic is meant as commentary on those symbols, rather than in support of them. Still, his "temporary suspension" has resulted in all of his tweets being unavailable and a restriction on posting any new ones until he removes the graphic in question. He is refusing to do so, though he is still in contact with Twitter and hopes to negotiate a solution to what he describes at Daily Kos today as an ill-conceived policy that fails "to distinguish hate speech from the efforts to oppose it".
"Literally, they can set any standards that they want, because they are private platforms," he tells me, correctly noting that the U.S. Constitution's First Amendment free speech clause applies only to the Government, not private businesses. "Twitter has announced that it wants as its standard to remove hate speech. But it isn't distinguishing between hate speech and actual efforts to fight hate speech. It's not making that distinction. And it's supposed to be doing this on behalf of the effort to fight hate speech, because this is its standard."
"The problem is they're basically trying to replace human judgment with an algorithm. And algorithms are stupid. They can't figure this stuff out. They lack the human judgment." Nonetheless, as we discuss, even after his graphic may have been pinged by an algorithm --- likely set off by folks on the alt-right who dislike him --- human intervention has yet to result in his account being unlocked again.
With some 500 million tweets a day, he recognizes, the platform must "use algorithms to flag these things, that's just the nature of the beast. But how many suspensions for hate speech do they make? Probably not very many. Probably in the hundreds. That's something that's manageable on a human level, and it's something that requires human judgment to make those calls. And they just need to bite the bullet and recognize that they need to employ smart, well-trained humans to do that job. That they can't rely on an algorithm to do it."
Neiwert has supported the recent deplatforming across a number of the most popular social media outlets such as Twitter, Facebook and YouTube of conspiracy theorists like Alex Jones of InfoWars, right-wingers like Milo Yiannopoulos and White Nationalists like Richard Spencer, though he notes that others, such as former KKK Grand Wizard David Duke have not been removed. Nonetheless, while the removal of far right figures has been met with cheers from many on the Left, should Neiwert's case give pause to some of those cheering progressives? Isn't fascist speech still free speech after all? And what happens if a right-winger were to take over ownership of outlets like Twitter? We discuss that and much more, including Neiwert's very early and astonishingly prescient warning about Donald Trump way back in late 2015.
Also today, the DNC announces the results of its random drawing to determine which ten 2020 Democratic Presidential candidates will appear together on each of the two nights of the first Presidential debates set for June 26 and 27 in Miami. And then we close with an excerpt from candidate Bernie Sanders' recent policy address at George Washington University in which he calls for a 21st Century Economic Bill of Rights modeled on one sought by FDR to guarantee a living wage, affordable housing, health care and a complete education for all, as he makes the case that democratic socialism is the only way to offer "true freedom" from corporate oligarchy and rising authoritarianism...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Guest: NC elections expert Dr. William Busa ('DocDawg' of Daily Kos!); Also: Barr, Ross found in contempt by House Oversight; Big progressive wins in VA; New NATIONAL polls show Trump in trouble, Warren surging...
We've got some interesting follow-up on today's BradCast, following the disturbing story we broke on air earlier this week regarding the "master passwords" for North Carolina electronic voting systems --- and more --- found online, unprotected, and downloadable by anybody since at least early 2016, at the NC Board of Elections website. [Audio link to show is posted below.]
But first up, some quick news updates: A second U.S. House committee has now voted to hold Donald Trump's new Attorney General and fixer William Barr in contempt. The House Oversight Committee on Tuesday voted to recommend holding both Barr and Commerce Secretary Wilbur Ross in contempt for refusing to turn over subpoenaed documents regarding the lies told by both Commerce and DoJ about adding a question on citizenship to the 2020 U.S. Census. Ross previously claimed he was asked by DoJ to add the question to help better enforce the Voting Rights Act, but new documents from the hard drive of a recently deceased GOP gerrymandering operative reveal the real intent was to shift resources and Congressional districts to white Republican jurisdictions.
In other Constitutional Crisis news, Hope Hicks, Trump's former Communications Director and longtime aide --- before his run for office, during the campaign and transition, and while in the White House --- has reportedly agreed to testify before the House Judiciary Committee next week about her cooperation with Special Counsel Robert Mueller's two-year probe. Hicks was a key witness on a number of the criminal obstruction charges detailed in Mueller's report. She has agreed, however, to testify to Judiciary only behind closed doors next week, presuming the White House doesn't move to block her in some way.
In elections news, new Quinnipiac polling shows six of the current top contenders for the 2020 Democratic Presidential nomination --- Biden, Sanders, Harris, Warren, Buttigieg and Booker --- all handily defeating Donald Trump in a head-to-head match-up in NATIONAL polling, if the election were held today. That new poll and others out today still show Biden atop the pack in the primary contest, though slipping since he entered the race last month. Two new polls show Warren leaping into second place above Sanders since last week. We offer some thoughts and WARNINGS about all such polls today.
And then, some surprisingly good news for progressives in Virginia, where two criminal justice reformers ousted long time state prosecutors in elections on Tuesday.
Next, we're joined by Dr. WILLIAM BUSA of EQV Analytics, a Democratic campaign consulting and technology firm in North Carolina, though Busa is likely better known to many on the Internets as "DocDawg" from Daily Kos. Busa has been doing some excellent follow-up work on the startling recent disclosures by cyber risk researcher Chris Vickery, who explained on Monday's BradCast how he discovered "master passwords" for some of NC's electronic voting systems, and much more, on the state Board of Elections website last year. Hundreds of files and screenshots, he said, were all left vulnerable on the Internet, in a directory set as public, to anyone who felt like downloading them, at least since early 2016 in advance of that year's Presidential election and its stunning, razor-thin conclusion.
Busa, as a well known elections maven in NC, tells me he was contacted following Vickery's revelations this week by the SBOE's spokesperson with a vague explanation for the exposed files --- which were subsequently set to private after Vickery notified the Board about the vulnerability last year in advance of the 2018 mid-terms. But, as he documented at Daily Kos on Tuesday, the explanation by the Board's Public Information officer Pat Gannon only made the case "murkier". Gannon, according to an email he sent to Busa, claimed the files were old passwords that were no longer in use and that, in any event, they were encrypted when posted online. Busa studied the claims regarding encryption and finds them to be untrue based on evidence revealed by the unencrypted screenshot of the passwords posted by Vickery.
For his part, Vickery --- who previously told me he found evidence the passwords had been in other jurisdictions as well as the one county the state claims --- politely suggested that Gannon appears to be uninformed about the details of what was left online. "Both of these issues," Busa observes, "being told that they were encrypted when clearly they're not encrypted, being told they were posted in 2012 when pretty clearly they were posted in 2016 --- goes to the question of 'Are we being told what's going on?'"
Moreover, Busa hits on what he describes as "the most troubling part of this.". The larger question --- one that we've been trying to make clear since the night that Trump was supposedly elected: Nobody --- not the states, not Mueller, not the FBI, not the DHS --- nobody has done a forensic analysis of the computer voting and registration systems and tabulators used in 2016 to assure they were not manipulated in some way, despite the many claims made by the U.S. Intelligence Community and the Special Counsel's office that Russia attempted to interference with elections systems in as many as 21 states before the 2016 Presidential contest.
If "white-hat good guys like Vickery" were able to find these vulnerable files, surely black-hate bad guys could easily have done so as well. "If DHS didn't find those things, then DHS is not as good as Chris Vickery. And if it's not as good as Chris Vickery at finding the chinks in our armor, then it's certainly not as good as Russia's GRU is," notes Busa. So, why didn't the DHS --- which, the U.S. Government has claimed has taken unprecedented steps to work with states to help them protect our elections from vulnerabilities --- already find these files and notify the state about the serious breech long before Vickery did? Both Busa and I are still asking.
"With McConnell blocking any meaningful election cybersecurity legislation in the Senate, DHS's 'band-aid' approach to 'Well, we're going to consult with the boards of elections in the fifty states and give them some assistance, it really is just that --- a band-aid. It doesn't give me any confidence whatsoever, especially now with what we've seen from the Vickery information."
Also today, since we've been covering so much GOP corruption in NC of late, (Busa quips: "North Carolina has become such an embarrassment that South Carolina is considering changing its name to 'North Georgia'), the NC elections expert and campaign consult rings in with helpful insight on the crucial, upcoming, SCOTUS opinion expected anytime now regarding unlawful GOP partisan gerrymandering of the state's U.S. House districts ("we have very little voice in North Carolina today because of those gerrymanders"); two upcoming U.S. House Special Elections in the state (one in NC-03 to replace the late GOP Rep. Walter Jones and the other to fill the NC-09 seat, which is still vacant following last year's GOP Absentee Ballot Fraud scandal that left the state BOE unwilling to certify results last November); and an important project Busa developed last year at NCGoVote.org called "Reg Watch", to automatically notify voters if their registrations have been changed or deleted for some reason. It would be very nice to see that project scaled up to all 50 states if possible! We discuss...
While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Bad news CO2 landmark; Biden booed on climate, pushes back; MT's Bullock jumps into race as Dem Gov from 'red state'; Warren says no to 'hate-for-profit racket' Fox 'News'...
A 22nd entrant into the 2020 Democratic Presidential nomination contest today offers an excuse to survey the landscape a bit, for a change, on today's BradCast as both the race and the planet continue to heat up. [Audio link to full show is posted below.]
Among the related stories we cover today regarding Dems fighting to shape their party's identity in hopes of both saving the climate and winning enough votes --- in the right places --- to prevail in next year's Presidential election against race-baiting criminal and presumptive Republican nominee Donald Trump...
Temperatures soared into the mid to upper 80's over the weekend at the edge of the Arctic Circle --- 20 to 30 degrees higher than normal --- while the Mauna Loa Observatory in Hawaii measured 415 parts per million of carbon dioxide in the atmosphere for the first time in human history. The two data points are related, as CO2 is the main man-made greenhouse gas driver of global warming, and as 19 of the hottest 20 years on record have all occurred since 2000. With CO2 levels having risen 50 percent since the Industrial Revolution and scientists concluding that unmitigated climate disaster is imminent unless immediate and drastic cuts to greenhouse emissions are made, what are the Democratic Presidential candidates prepared to do about it?;
At an event at Howard University sponsored by the Sunrise Movement to rally for the Green New Deal on Monday, Presidential candidate Joe Biden --- who was not at the event --- was booed by progressive attendees on several occasions following a recent Reuters report in which a campaign advisor suggested the former Veep is seeking a "middle ground" on climate change. Activist attendees at the rally, including Rep. Alexandria Ocasio-Cortez (D-NY) and Sen. Ed Markey (D-MA), who introduced the Green New Deal earlier this year, and Vermont Senator and Presidential candidate Bernie Sanders, all suggested there is no "middle ground" when it comes to the climate crisis humanity faces. They, and others, such as Washington state Governor and Presidential hopeful Jay Inslee --- who has made climate change the centerpiece of his campaign --- call for a large-scale national mobilization to defeat climate change and grow millions of well-paying jobs in the bargain. We share some clips from both AOC and Sanders at the event;
For his part, hours earlier at a campaign event in New Hampshire, Biden declared the Reuters report "dead wrong", citing his record, going back to 1986, as a champion for climate legislation. The current front-runner (according to recent polls) also promised a major speech later this month to outline his environmental priorities, which, thanks to efforts by progressives and their support for the popular goals of the Green New Deal, are likely to be more aggressive than they might have been before the pushback to his campaign's positioning as a "moderate" who is best suited to win over Trump voters among a very crowded Democratic field;
And, speaking of "centrist" candidates hoping to win over GOP voters, Montana's Governor Steve Bullock officially entered the Presidential race today, touting his record as a Democrat who has won three statewide elections in a so-called "red state" where Trump is said to have defeated Hillary Clinton by 20 points in 2016 --- the same day, and on the same ballot, when Bullock won his second term as Governor. Bullock has, in fact, championed a number of progressive policies in the state --- including the expansion of Medicaid under the ACA, support for marriage equality, protection of LGBTQ rights and has vetoed NRA-support gun bills. He has also been a champion for keeping corporate money out of politics in the wake of the U.S. Supreme Court's horrific 2009 Citizens United ruling. His climate policies, however, have been less than stellar, to say the least, as the chief executive of one of the nation's top fossil-fuel producing states. He is just one of at least four Presidential candidates, or would-be candidates, who many Democrats would prefer to see running for the Senate to help flip it "blue" in 2020;
But can any Democrat --- even those running as so-called "centrists" --- actually change the minds of previous Trump voters? Daily Kos' Markos Moulitsas argues it can't be done and is a waste of time and resources for Democrats who, he writes, must focus instead on winning "young voters, voters of color, and women," given that "No one will be changing their mind in the next year and a half." He offers some statistics to support his point, though I am not (yet) entirely persuaded by them;
Progressive Presidential candidate Elizabeth Warren, meanwhile, explained her reasons today for declining an invitation from Fox 'News' to appear on one of their town halls. Though Sanders and Minnesota's Amy Klobuchar have already done one --- and South Bend, Indiana Mayor Pete Buttigieg and New York Sen. Kirsten Gillibrand are scheduled to do one soon --- the Massachusetts Senator makes the case today that Fox is a "hate-for-profit racket" and she's unwilling to add to those profits with an appearance there. She does, however, welcome them to ask her questions at many of the other town halls she has participated in all over the country during her Presidential campaign since January, including many of them in GOP-dominated states "including WV, OH, GA, UT, TN, TX, CO, MS & AL". But, while Warren's stand on principle deserves much respect, is it a strategic mistake to miss the opportunity to reach out to many voters who might otherwise hear little more than Fox' fake news and GOP propaganda? We discuss and welcome your thoughts as well. (Email me or leave them in comments below. Keep 'em short and sweet and I may share them on air later this week);
Finally, Desi Doyen joins us for our latest Green News Report, as Trump's trade war with China hits the U.S. natural gas industry, as the Administration frosts the Arctic Council, as Houston floods again following the nation's wettest year on record, and as the UK, Ireland and Scotland stand up to declare a "climate emergency" and present their own versions of AOC and Markey's Green New Deal revolution...
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The right of inmates to vote is not a radical idea. In addition to Maine and Vermont, 21 other democracies, including Canada, Sweden and Israel, allow all prisoners to vote.
Seventy (70) civil rights and advocacy groups have now joined Sen. Bernie Sanders (I-VT) in calling for restoring the right of all inmates to vote. Although Senators Elizabeth Warren (D-MA) and Kamala Harris (D-CA) have stopped short of agreeing with Sanders' proposal, both appear to be considering it. Warren stated simply that she was "not there yet." Harris, a former prosecutor, who is focused on restoring post-release felon voting rights, acknowledged that "we should have that conversation."
Inmate voting rights advocates argue that, while the rule of law requires appropriate punishments for crimes, this can be done without sacrificing the right of every citizen to vote --- a right that provides the cornerstone for a free and democratic society. Moreover, there's a rehabilitative purpose. Inmate voting encourages prisoners, who retain their First Amendment rights while incarcerated, to responsibly stay connected or reconnect with society. Indeed, some inmates have gone on to become "eloquent advocates" for social justice.
Ironically, while incarcerated, Dr. Martin Luther King, Jr. penned his famous Letter from a Birmingham Jail. Nelson Mandela, who spent 27 years in prison, would go on to become the formerly apartheid South Africa's first black President and a recipient of a Nobel Peace Prize.
Opponents of inmate voting appeal to the natural repugnance the electorate holds towards some of our nation's most heinous crimes and those who carried them out: individuals, like Dzhokhar Tsarnaev, who was convicted as the Boston Marathon Bomber and Dylann Roof, who was convicted for the Charleston Church Massacre.
While gut level repugnance towards these especially heinous crimes is understandable, from the perspective of societal needs, there are multiple reasons to question the validity of adding, as a form of punishment, inmate disenfranchisement to imprisonment, fines, restitution, and, in the cases of Tsarnaev and Roof, to their death sentences...
Accountability and respect for the rule of law and Constitution are at the center of just about every story we cover on today's BradCast --- (and on most days...but especially today) --- particularly with an absolutely lawless Administration and criminal President becoming seemingly more lawless and criminal by the day. [Audio link to show is posted below summary.]
Among the related stories on today's program....
The House Oversight Committee moved on Tuesday to vote on contempt charges against Carl Kline, former White House Personnel Security Director, who refused to show up to testify at the Committee on Tuesday despite being issued a lawful subpoena by Congress ordering him to do so. His attorney said he didn't show on the advice of the White House who directed him not to. Kline, on apparent orders from the President, had approved "top secret" security clearances for dozens of White House officials, including Trump's son-in-law Jared Kushner, after career security officials rejected those applications for numerous reasons, according to 18-year White House personnel office veteran Tricia Newbold, who revealed the cases during whistleblower testimony to the House panel last month;
Maryland's two-term Republican Governor Larry Hogan said in New Hampshire this morning that he is considering a primary run against Trump, after describing the revelations of the redacted Mueller Report as "very disturbing" and criticizing his own party for being "afraid" of challenging the President. If he jumps in, Hogan would be the second GOP Governor to try and win the nomination over Trump in 2020, along with Massachusetts' William Weld who has already declared;
In news of still other Republicans willing to courageously stand up to a scofflaw President from their own party, J.W. Verret, a former Trump transition team official and professor of law at George Mason University, unleashed an op-ed today making the case for impeachment in the wake of Trump's "criminal conduct," citing "roughly a dozen separate instance of obstruction of justice" revealed by the Mueller Report as his "tipping point";
But while a handful of Republicans may be willing to take on the President, Democrats in Congress, for their part, are still timidly moving ahead with extraordinary caution. On a conference call with and a letter to the Democratic House caucus on Monday, Speaker Nancy Pelosi reportedly vowed that the House would continue Congressional investigations to "uncover the truth" about Trump's "highly unethical and unscrupulous behavior in his alleged attempts to obstruct justice," while attempting to keep a lid on the growing calls for impeachment from her caucus. She did not rule out impeachment, but said "we aren't going to go faster, we are going to go as fast as the facts take us";
On Monday night, however, in what many have somewhat mischaracterized as Presidential hopeful Sen. Kamala Harris "calling for impeachment," the California Democrat, during a CNN town hall, did call for Congress to "take steps toward impeachment." We contrast Harris' exceedingly cautious approach to the clarion calls for equal justice under the law and impeachment proceedings as a Constitutional duty issued by Massachusetts Sen. Elizabeth Warren in recent days. She has been calling for same, in no uncertain terms, on the Presidential campaign trail since the release of Mueller's redacted report late last week, and said on Monday night on CNN, in response to charges that impeachment would distract from the 2020 campaign: "There is no political inconvenience exception to the United States Constitution."
A number of other Democratic hopefuls have been far more cautious and/or circumspect than either of those two, including Vermont Sen. Bernie Sanders who says he worries a focus on impeachment could backfire on Dems and South Bend, Indiana Mayor Pete Buttigieg who concedes Trump "deserves impeachment", but that it's up to Congress, not him, to take action in that regard;
With the noteworthy exception of Warren, many Dems (and media geniuses) have cited the fact that Republicans in the Senate are unlikely to vote to convict the President, as a reason to shy away from impeachment proceedings entirely. (A simple majority is needed to approve articles of impeachment in the Democratic-controlled House, but a two-thirds vote is needed for conviction and removal of the President in the GOP-majority Senate). Playing slave to that conventional wisdom, however, largely allows Republicans a veto on which Presidents may or may not be impeached.
Moreover, the convention wisdom should be challenged here, particularly given the statements that many of the currently seated Republican Senators have offered, on the record, in support of impeachment and removal from office for a President who has attempted to obstruct justice by witness tampering and lying to the American public. Trump was documented as having done so as many as ten different times, as per Mueller's Report.
Of course, the Senators who we quote directly today on the need to remove a President for those very same crimes were speaking against President Bill Clinton during his impeachment proceedings back in 1998. But their arguments against Clinton apply directly to Trump. So, will those very same Senators --- there are 11 who voted in '98 and would be required to vote here --- hypocritically vote against conviction this time around, under arguably far more criminal circumstances, when confronted with their own words on the topic? Maybe, maybe not. We won't know, of course, unless Dems do the right and Constitutional thing by voting in favor of the rule of law and moving to impeach this lawless President. Even the clear demonstration of blatant GOP hypocrisy would be helpful to expose to the American people before the 2020 election, and perhaps serve to make specious impeachments against Democrats in the future more unlikely;
Finally, Rep. Elijah Cummings, Chair of the House Oversight Committee, said after the release of the redacted Mueller Report that he is "begging the American People to pay attention" and contact their members of Congress about this in order to save democracy for future generations. "At the rate we're going," he warns, "it won't be there." We are urging the same. You can reach your member of Congress at 202-224-3121...
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On today's BradCast: It looks like Trump Attorney General William Barr's willingness to beclown himself to the level of Donald Trump didn't help much in protecting the President against his own clearly criminal and impeachable behavior as detailed by even the redacted version of Special Counsel Robert Mueller's long-awaited report. And Democrats in both the House and even the Senate are finally beginning to use the "i"-word they should have invoked long ago. [Audio link to show follows below.]
Barr's willingness to offer Trumpian lies to the American people about what the report actually says and doesn't was swell until the American people were actually allowed to read it. Trump's repeated and now well-documented attempts at criminal obstruction of justice by trying to shutdown or otherwise derail the Special Counsel's probe is now detailed for all to see, as of Thursday public release of the redacted 448-page report [PDF].
They are also now able to read Mueller's clarion call, also detailed in the report, for Congress to take up the matter as per their Constitutional duty to serve as the only real check on a lawless President. House Judiciary Chair Jerry Nadler (D-NY) has now subpoenaed the Dept. of Justice for the full, unredacted version of the report and its underlying evidence, and has called for both Barr and Mueller himself to testify to Congress in the coming weeks. At the same time, more House members are now calling for impeachment to get under way after, as Rep. Alexandria Ocasio-Cortez (D-NY) notes: "Mueller’s report is clear in pointing to Congress’ responsibility in investigating obstruction of justice by the President" and "squarely puts this on our doorstep."
"While I understand the political reality of the Senate + election considerations," she Tweeted, "upon reading this DoJ report, which explicitly names Congress in determining obstruction, I cannot see a reason for us to abdicate from our constitutionally mandated responsibility to investigate."
For his part, after falsely hailing the report as a "total and complete exoneration" before it was publicly released, Donald Trump (who probably, ya know, should have bothered to read it first) returned to angry form as of Friday morning, railing profanely and incoherently against the report, the respected federal prosecutors and Republican former FBI Director who wrote it after a meticulous two-year process, and against his own top level staffers who are revealed in the report as the best witnesses to Trump's various impeachable high crimes and misdemeanors.
We're joined today by award-winning opinion and analysis journalist HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo for her insight into the report itself --- which she describes as a "roadmap for impeachment" --- and its fallout today as even several Presidential candidates are now joining the growing calls for impeachment proceedings to begin in the U.S. House.
Among the many topics of our lively discussion: Bill Barr's BS; Mueller's reasoning for choosing to not prosecute while passing the ball firmly to Congress to pick up instead; Why Don Jr. wasn't charged (but should have been); Whether the long-standing DoJ guidance prohibiting sitting Presidents from being indicted makes any sense, either legally, Constitutionally or politically; and whether Democrats in the House and Senate (not to mention Republicans there) will find the backbone to do the right thing and hold Trump accountable as per their Constitutional responsibilities, or whether they'll continue to pull punches as they have for so many years. That, as we also discuss, is precisely what has allowed dangerously criminal and unfit clowns like Donald Trump to ascend to the Presidency in the first place.
"If we care about the Constitution, and we care about the democracy, you can't just let this kind of stuff go." Parton argues. "Even if they can't get the Republicans [in the Senate] to convict, I think that they have to do it anyway. It's the right thing to do. They have to lay out the case."
"Most Americans are not going to read that report like I just did. They're just going to hear snippets of it. But if they do impeachment hearings, in which they establish this narrative out there for all Americans to see, and to hear it in their own words --- from Robert Mueller to Don McGahn, to Hope Hicks, to everyone of them --- and hear what they have to say, to describe what happened, I think that's important for the record. It's important for the voters to have that as they go to the voting booth, whether Trump is convicted or not."
In case you're wondering, the phone number to reach your member of Congress is 202-224-3121. I bet they'd like to hear from you...
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Also: WA adopts 'public option' health insurance; Fox 'News' town hall goes wild for Bernie's plan; Warren vows to end drilling; The unspeakable cruelty of Trump immigration policies and one hero standing up to them...
On today's BradCast you'll be outraged, saddened, amused, inspired and may even learn a thing or two --- or your money back! [Audio link for show is posted below.]
First up today: I'm thankful the French didn't listen to Donald Trump's terrible firefighting advice as the iconic, 850-year old Notre Dame was engulfed in flames in the heart of Paris on Monday, and very happy to see that firefighters were able to save most of the cathedral's historic stone structure and many of its artifacts, and gratified to hear that French President Emmanuel Macron has vowed to rebuild it (somehow) in five years, and delighted to hear that, as of this afternoon, some $700 million had been raised for the project. But there's something about that last part that really sticks in my craw.
Specifically, the fact that, as CNN reported early on Tuesday: "France's three wealthiest families are coming to the rescue of a national icon, spearheading a fundraising drive to rebuild Notre Dame that has topped $700 million." The families and a number of huge corporations that joined them to top that number, are each multi-billionaires. For example, the Pinault family, which "generously" donated $113 million to the effort, is said to be worth some $37.3 billion. To put that it terms easier to understand, it's the equivalent of someone who is worth just $37,000 giving $113 to the charitable effort. While it's appreciated --- and $113 is a fair amount of money for someone with just $37,000 in savings, it's not really much money at all for someone with the type of obscene net worth enjoyed by the Pinaults. Still, we're happy to see it, even if the glowing public relations they are enjoying is far more than appropriate here.
But, making matters a bit more maddening? The world's fourth-largest oil and gas giant, TOTAL SA, which is based in Paris, has also pledged $113 million to the rebuilding effort. Last year, the company raked in a profit of $13.6 billion. That was up 28% from the previous year. At the same time, when Macron attempted, to institute a new tax on diesel gasoline last year, citizen protesters took to the streets in the so-called Yellow Vest movement protests to successfully force Macron, among other things, to reverse a .26 cents per gallon tax hike which might have otherwise raised nearly $4.2 billion. (The revenue from the ill-considered gas tax, while clumsily advertised as a carbon tax, of sorts, to help curb climate change, was not earmarked for clean energy projects, but to help pay off French debt instead.) But where were the billionaires then? Why wasn't TOTAL asked to cover the $4.2 billion instead of rank and file citizenry, when the company could have paid the entire $4.2 billion itself and still walked away with a cool $10 billion or so in profit to spare last year? Particularly since it is the reckless use of their products which are endangering not just a cathedral in Paris, but the entirety of human civilization?
The rich folks who are contributing to rebuild Notre Dame are getting a lot of good press today for their quick "charitable" efforts. That good press is greatly overstated as compared to what they actually deserve, as I discuss (or, perhaps, rant) in detail on today's program.
In other related and under-reported news of note, former Republican Governor William Weld announces he is taking on Trump in the 2020 GOP Presidential primary, Democratic Presidential hopefully Sen. Elizabeth Warren has announced she will stop all new leases for oil and gas drilling on public lands on her first day in office if elected, Sen. Bernie Sanders announced similar, and the Washington State legislature, under the leadership of Democratic Presidential candidate Gov. Jay Inslee, has not only passed a measure to move the state to 100% carbon-free electricity by 2045, they've also adopted a "public option" healthcare insurance plan that will be made available to all residents.
And, speaking of healthcare and Sanders, a clip from the Vermont Senator's town hall on Fox "News" Monday night has gone viral, in which the Fox crowd is seen and heard going wild in support of his proposed single-payer, Medicare-for-All universal coverage proposal. Trump has a sad.
Next up, several maddening stories of the real world effects of Trump's unspeakably cruel immigration policies, including ICE's deportation last week of a man whose U.S. Military wife was killed in Afghanistan in 2010 and whose 12-year old, U.S. citizen daughter was left parentless in Phoenix (that story, at least, has a happy ending for now), and the 11-year old El Salvadoran girl in Houston who has been denied asylum and ordered deported without her family, despite gangs that have, reportedly, been systematically killing her family members after a relative witnessed a murder and testified in court.
Of particular note here is Houston's heroic Police Chief Art Acevedo who has loudly stood up for the child and taken on those elected officials and random Twitter wingnuts alike who support the Administration's monstrous policies that separate children from their parents. "Yep. The Nazi’s enforced their laws as well," Chief Acevedo observed. "You don’t separate children from their families! Ever! ... I am glad to be on the right side of history," he said after several impassioned pleas against the cruelty. "Not this chief, not this Nation, not this time!," he declared last year as the Trump Administration was caging children by the thousands.
Finally today, Desi Doyen joins us for the latest Green News Report, with details on the swarm of tornadoes (41 of them!) which devastated areas from Texas to Delaware and killed nine over the weekend; more on a number of the 2020 candidates stepping up their climate change proposals; and on Trump's new Interior Secretary, "formerly" an oil and gas lobbyist, already facing probes by the Interior Department's Inspector General...
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We're happy to have the long-overdue return of great legal journalist MARK JOSEPH STERNof Slate on today's BradCast! As usual, we cover a whole bunch of important topics at lightning speed [Audio link to today's show is posted at end of article.]
But first, some quick news headlines on the record flooding of the Missouri River now wreaking havoc, evacuations and several deaths in parts of Nebraska, Iowa and Missouri. Damage has also affected a number of military bases, despite Donald Trump's recent plans to form a "Blue Ribbon Commission" of climate science deniers to rebut military assessments about the serious dangers of climate change posed to national security and military facilities.
Also, some interesting background info today on 2020 Democratic Presidential primary candidate Pete Buttigieg, Mayor of South Bend, Indiana as well as his position on climate change and the Green New Deal. And, some news today that recently-declared 2020 Presidential hopeful Beto O'Rourke raised a jaw-dropping $6.1 million in the first 24 hours after entering the race last week, exceeding Bernie Sanders' previous record haul of $5.9 million a few weeks earlier. Both candidates blew away all other current Democratic contenders so far with those numbers --- for what it's worth.
Then, we're joined by Stern to catch up on a boatload noteworthy legal issues moving through the federal and state court systems. Among them...
The 5th U.S. Circuit Court of Appeals, late last week, upheld lower court rulings ordering a State Senate district in Mississippi found to have been a racial gerrymander to be redrawn before the state's off-year 2019 elections. That, as the U.S. Supreme Court today heard a confusing oral argument regarding 11 racially gerrymandering districts in Virginia, where lower courts have already ordered new maps to be drawn in advance of 2019 state legislative elections likely to determine whether Democrats regain majorities in either or both chambers of the state legislature.
And all of that comes in advance of a SCOTUS hearing next week regarding partisan gerrymanders in several others states before the 2020 elections, when control of both Congress and many state legislatures will be up for grabs before the redistricting that will follow the 2020 Census to help determine balances of power in all 50 states and Congress for the next decade.
Stern describes all of this as the nation finding itself in the middle of an all-out "gerrymandering brawl...a kind of legal convulsion over how much our lawmakers can draw partisan district lines to swing elections in their favor." He cautions that racial gerrymanders --- long ago found to be unconstitutional --- may not be found as such anymore in the GOP's new, stolen Court. And that the question of partisan gerrymandering, which Justice Anthony Kennedy could have ended before retiring, is now a complete unknown. "The whole thing is upside-down, inside-out," he tells me, warning to "be afraid. Be very afraid" of Justice Clarence Thomas' varying and bizarre "back and forth" positions on these matters.
Stern offers slightly better news for us regarding the last-ditch appeal of a previously blocked law created by disgraced GOP "voter fraud" fraudster Kris Kobach, the former Sec. of State of Kansas and failed 2018 Republican Gubernatorial candidate. That law, repeatedly found by lower courts to be unconstitutional, had blocked tens of thousands of legal Kansas voters from being able to register to vote without presenting proof of citizenship first. All, as the trial court judge found in 2016, to prevent what amounted to 11 votes by non-citizens cast between 1999 and 2013 out of tens of millions of votes cast by the state's 1.76 million registered voters.
Meanwhile, in Connecticut late last week, the state's Supreme Court made what Stern describes as a "stunning" ruling in a suit brought by parents of children killed in the 2012 gun massacre at Sandy Hook Elementary School. The case is filed against gun manufacturer Remington, makers of the Bushmaster AR-15 style weapon used to gun down 20 school kids and 6 adults. The court held, as Stern explains, that plaintiffs may move forward with their suit against the company, despite a unique federal law that otherwise grants completely immunity to gun manufacturers for the use of their deadly products. The suit is being brought under a state statute which, plaintiffs argue, allows them to sue Remington for irresponsibly dangerous advertising of the Bushmaster rifle. The state high court's ruling will now allow the case to continue and for plaintiffs' important discovery access to internal communications by the manufacturer, the gun industry and its advertising firms.
We also discuss a recent disturbing ruling from the 6th U.S. Circuit Court of Appeals on an Ohio state GOP law that blocks all funding to Planned Parenthood. Stern describes the ruling as a foreboding omen for what he sees as the likely full dismantling of Roe v. Wade at SCOTUS, already under way, he charges, by "a thousand cuts" at the lower court level in several states where Trump appointees are quickly filling vacancies on federal benches.
And, finally, the most important issue of all today (obviously): "The evils of Standard Time", the awesomeness of Daylight Saving Time, and those who are completely wrong in hating it, as well as the many, as Stern recently reported, who do not seem to even have an understanding of what it is! (Versus Standard Time that actually ruins everybody's lives for months on end by keeping us all in dangerous and debilitating darkness all winter long!)...
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On today's BradCast: Democrats propose a new tax on Wall Street traders that could both put the brakes on market volatility that threatens the investments of average Americans, while raising billions of much needed dollars for the federal government. [Audio link to show follows below.]
But first, some good news for the nation out of California. Newly elected Democratic Governor Gavin Newsom has now signed an executive order placing a moratorium on the state-sanctioned killing of some 737 individuals on the state's death row. Describing the death penalty as "discriminatory" and a "failure" that has resulted in the deaths of "wrongly convicted" people proven innocent, while costing the state billions of dollars, the Governor has now blocked the barbaric planned executions of about one quarter of those slated to be killed by governments across the nation.
"It’s a very emotional place that I stand," Newsom said at a presser today, "This is about who I am as a human being, this is about what I can or cannot do. To me this is the right thing to do." As we discuss, it's not the first time that Newsom, as a public official, has placed doing the right moral thing over what may or may not be politically popular, at the moment, among the electorate.
Back in Washington D.C., Donald Trump's former campaign chairman Paul Manafort was sentenced to an additional 73 months for criminal conspiracy fraud and witness tampering on Wednesday. Some of those months will be served concurrently with the 47 months he was sentenced to last week in a Virginia federal court related to undisclosed lobbying for a pro-Russia political party in Ukraine. With the partially concurrent sentencing, the 69-year old Manafort now faces nearly seven years in prison.
While none of the 20 or so federal counts in two different courts that Manafort was found guilty of had charged "collusion" with Russia for interference in the 2016 election, his attorney and Donald Trump used the occasion once again to lie about that fact to the American public today. But just minutes after today's new sentencing, Manhattan's District Attorney announced 16 new indictments against Manafort in state court related to mortgage fraud and more than a dozen other crimes for which, if found guilty, the President would be unable to pardon him. Trump's pardon power extends only to federal, not state crimes.
As the madness surrounding our criminal Presidency continues, Democrats in Congress are pushing ahead with a number of progressive policy proposals in advance of 2020 to hopefully help pull the nation out of its current self-imposed morass and rebalance some of the worsening inequities between the wealthy, the poor and the middle class. Senator Brian Schatz (D-HI) and Congressman Pete DeFazio (D-OR) have now introduced new legislation that would create a very small, 0.1%, Financial Transaction Tax (FTT) on every stock market transaction. The bill [PDF] --- which already has a number of Democratic cosponsors in the House and Senate, including among Presidential hopefuls --- is estimated to raise as much as $800 billion in much-needed revenue for federal coffers over ten years. As importantly, the measure is designed to ease market volatility by curbing the legalized skimming that takes place by high volume computer traders who purchase trades from normal investors and sell them back to the investors at a higher rate, all within a fraction of a second.
The legislation is supported by some 60 non-partisan good government organizations, including Public Citizen. Attorney SUSAN HARLEY, Deputy Director of the group's Congress Watch division, joins us today to explain this new move toward an FTT that would cost traders one-tenth of a cent per dollar traded. That's $1 for every thousand invested or, as Harley explains, "Ten cents out of every 100 dollars traded. That's why we like to talk about it as rebuilding Main Street on Wall Street's dime."
"We do pay taxes on all of our purchases," she tells me. "so Wall Street should be doing the same as far as these stocks trades, bond trades, and derivative trades. It absolutely is about fairness, about making sure Wall Street is paying back the US because we did bail them out for the financial crash."
She details how the proposal is ultimately a very progressive tax, even as it's very small, because it would largely fall on the wealthy. "We've really got to re-balance our tax code, and unrigging our economy starts with making Wall Street pay its fair share. The top 1% of society owns two thirds of all financial securities."
"We did research on existing fees --- things like commission, overhead costs, broker fees. The Financial Transactions Tax would be only about $80 for the average 401k or retirement saver, versus more than $1000 in existing fees. That's just the average. Some funds have existing fees of more than $2500 dollars. So, it really is a drop in the bucket as compared to the existing commissions and other types of ways that Wall Street is taking it out of the pocket of average investors."
Harley discusses both the legislation's challenges and growing political support on Capitol Hill, where the Trump/GOP 2017 $1.5 trillion tax cut, largely for corporations and the wealthy, has resulted in record trillion dollar annual deficits and a recent budget proposal by Trump to cut more than a trillion dollars from social programs like Medicare, Medicaid and Social Security. (He had vowed to not cut those programs during his 2016 campaign, while suggesting that Democrats would do so.)
Finally, speaking of progressive policy proposals, the recently introduced Green New Deal is already paying off. Rightwingers have been freaking out about it, and lying about it, but they are also scrambling to respond after realizing its huge popularity among the electorate and how silly they look. Several longtime climate science deniers, including Trump acolyte and accomplice Rep. Matt Gaetz (R-FL), are now taking baby steps by conceding that "climate change is real" and "humans contribute". Soon they may even notice that, according to climate scientists, human activity is actually responsible for 100% of the warming we've seen to date. But, hey, it's a start...
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On today's BradCast: Some good reporting, some bad politics, and some accountability on the horizon. [Audio link to today's show follows below.]
Among the many stories worth your while covered on today's program...
Democratic House Speaker Nancy Pelosi seems to take impeachment "off the table", just as she did back in 2006 during the George W. Bush regime, asserting this time that, "Impeachment is so divisive to the country that unless there's something so compelling and overwhelming and bipartisan, I don't think we should go down that path, because it divides the country. And he's just not worth it." It was a mistake during the Bush era, and its a mistake now. Perhaps not a political one --- at least as she and many Democrats may see it --- but a mistake for the nation and its long term well-being. We discuss and explain why;
While he may (or may not) be safe from impeachment, Donald Trump's legal troubles are getting no better. New York state's recently elected Attorney General has now reportedly subpoenaed Duetsche Bank and other financial institutions related to a number of Trump projects where, according to recent testimony by his former personal lawyer Michael Cohen, Trump exaggerated his wealth on financial statements in order to fraudulently borrow money for real estate and other projects;
Speaking of subpoenas, federal investigators are now said to finally be investigating Republican election fraud in North Carolina, where a GOP absentee ballot fraud scheme resulted in the nullification of last November's U.S. House election --- and a new one now scheduled --- in the state's 9th Congressional District. The State Board of Elections had requested a federal probe following apparent GOP absentee fraud in the 2016 election, but Trump's U.S. Attorney in NC appears to have ignored the request, paving the way for the same fraud scheme to be repeated during 2018 cycle. McCrae Dowless, the contractor who carried out the fraud, as hired by GOP candidate Mark Harris, has already been indicted on state charges. But Harris, so far, has escaped accountability at both the state and federal levels. His campaign has now been subpoenaed by the feds. Stay tuned;
The Trump Administration evacuated the last of the remaining U.S. diplomats in Venezuela on Monday night, saying their presence in the country has become a "constraint" on U.S. policy there, whatever that may ominously mean. Top Trump officials have been threatening the administration of President Nicolas Maduro for several months since opposition leader Juan Guaido declared himself to be President of the nation in turmoil. Since late last week, power outages have crippled the country, with each side blaming the other and Maduro charging the U.S. has sabotaged the power grid with cyberattacks.
But some excellent reporting by the New York Times over the weekend reveals, yet again, that many of the claims against Maduro being made by Trump Administration and supportive Republicans in Congress like Sen. Marco Rubio, are based on completely false information. On Sunday, the Times published a video report revealing that claims by Trump officials from National Security Advisor John Bolton to Sec. of State Mike Pompeo to Vice President Mike Pence and, yes, Rubio, charging that Maduro's forces set fire to aid trucks coming from Colombia are inaccurate. In fact, as the Times' unearthed video reveals, it was protesters in support of Guaido on the Colombian side of the border who caused the fires. This is just one more reason to be skeptical about Trump's intentions in the troubled South American nation (and media reports of same) as his own political fortunes worsen at home.
And, in case you don't find Rubio wrong enough in his false claims about the aid trucks, just wait until you hear what the dumb cluck charged over the weekend regarding an explosion at the 'German Dam' in Bolivar State!;
Finally, Desi Doyen joins us for the latest Green News Report, with news on the oil, gas and mining lobbyist Trump has now officially nominated to head the U.S. Interior Dept; news on Wyoming Republicans bailing out their coal industry; how Bernie Sanders was right about climate change and the media as long ago as 1989; and this Friday's plans for school children in more than 90 countries to strike in demand of action on climate change, thanks to the inspiration of Swedish teen climate activist Greta Thunberg...
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On today's BradCast, we're experiencing a sense of deja vu from this very same fight the last time Congress allocated hundreds of millions for new electronic voting systems in the U.S. [Audio link to show is posted below.]
A serious "design flaw" in a previously certified computer voting system is finally acknowledged on Friday by New York State's top election official, after several different warnings on the matter were issued in recent months by computer security and voting systems experts at Princeton and Georgia Tech.
The vulnerability has resulted in Douglas Kellner, the co-chair of the NYS Board of Elections, calling for a reexamination of the ImageCast Evolution (ICE) computer Ballot Marking Device (BMD), which both prints ballot selection on a paper and then scans that ballot to record results after it, theoretically, has already been verified by the voter. "After you mark your ballot, after you review your ballot, the voting machine can print more votes on it!," [emphasis in original], Princeton's computer science professor Andrew Appel warned about the Dominion ImageCast Evolution system in October of last year.
Kellner cites that "ballot stuffing attack" vector first identified by Appel and then confirmed by Georgia Tech's former Dean of computing at Georgia Tech and director of its Information Security Center, professor RICHARD DEMILLO who joins us on today's show to explain the vulnerabilities. The very same design flaw appears to be present in systems currently in use or set for use before 2020 in parts of Kansas, Texas, Pennsylvania, Delaware and elsewhere, as jurisdictions scramble to spend federal dollars to "upgrade" their voting systems to new equipment in advance of the next, crucial Presidential election.
A similar system made by ES&S, currently being pushed for use across the entire state of Georgia by Republicans, vendors and elections officials, also appears to have the same flaw and even one that Appel describes as a disturbing "Permission to Cheat" feature (first observed by Election Integrity advocate Jenny Cohn in Kansas last September) that allows the machine to submit a ballot to the scanner without the voter ever verifying what the computer has printed on it. That, DeMillo explains today, allows ballots to be marked and printed by the computer and then scanned without any examination by the voter at all. Both "design flaws" make any post-election hand audit of those ballots "meaningless" [PDF] .
As Kellner explains in his letter to fellow Elections Board members in NY --- effectively decertifying the systems, for now, thanks to Dominion's failure to document these vulnerabilities before certification --- "If it was possible for the machine to add a voting mark to the ballot without verification by the voter, the audit is not meaningful because it cannot confirm that the ballot was counted in the manner intended by the voter."
"What they have is a single device that marks the ballot and scans the ballot. Just because of the way that they've designed this thing, there's a single path that the paper ballot travels --- under the print heads, and over scanning heads," DeMillo tells me. "What I think is a real issue is the design flaw that makes it possible to have the paper ballot printed out, verified by the reader, and then scanned, but in that scanning process, travel a second time undetected through the print heads. The voter could have chosen to vote for no one. But the machine could decide well, we really like the Democratic candidate for Public Service Commissioner, so we're just going to add that to every ten blank Public Service Commissioner choices that we see."
DeMillo breaks down what all of this means for New York and other states now using or set to use these systems, and how the vendor in question, Dominion, has responded [PDF] by attempting to marginalize the concerns and dismiss critics like DeMillo and Appel as "security maximalists."
DeMillo has been joining other cybersecurity experts in issuing similar warnings [PDF] to officials in his home-state of Georgia, where lawmakers are in the midst of rushing to approve at least $150 million for the purchase of similar devices from ES&S for use across the entire state before 2020 --- and not just for disabled voters who may require such a system to vote independently, but for all voters in the precincts. That, despite the systems appearing to have similar "design flaws" to those which have now served to effectively decertify the Dominion systems in NY.
All of this, of course, is of a piece with the warnings we've been loudly issuing for years at The BRAD BLOG and on The BradCast about the use of this type of unverifiable computer-marked "paper ballot" voting systems, rather than verifiable HAND-MARKED paper ballots.
Also on today's program: Donald Trump publishes his Fiscal Year 2020 budget proposal, including hundreds of billion in cuts to domestic programs such as Medicaid and Medicare (which he vowed, while a candidate in 2016, to protect), as well as to the Environmental Protection Agency and other federal agencies. At the same time, the proposal includes record increases in defense spending and $8.6 billion more for his southern border wall (which Mexico is still not paying for). The result, if the aspirational proposal were to be adopted by Congress, would ensure annual budget deficits of at least $1 trillion over the next four years. That, on the heels of the Trump/GOP's $1.5 trillion tax cut for the wealthy and corporations which has ballooned the deficit and national debt to go with it.
And, finally today, after WA Governor Jay Inslee entered the Democratic President Primary last week race based largely on his decades of raising the alarm about climate change, we share a few recently unearthed clips from Inslee's fellow Presidential hopeful Sen. Bernie Sanders warning about "the greenhouse effect" and the dangers of a warming climate as long ago as 1989 on C-SPAN and in 1987 with a class of middle-school children while then still serving as Mayor of Burlington, Vermont.
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About Brad Friedman...
Brad is an independent investigative
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and a Commonweal Institute Fellow.