On today's BradCast, we're honored to be joined by one of the Constitutional law experts who first brought the issue of the Constitution's "Insurrection Disqualification Clause" to the attention of the nation...before our corrupted, activist U.S. Supreme Court, he explains, "invented" a way to nullify it to help protect our disgraced former President on Monday. [Audio link to full show follows this summary.]

Free Speech for People (FSFP) is the non-partisan government accountability group which first raised the issue of Donald Trump's clear violation of Section 3 of the 14th Amendment way back during the summer of 2021. At the time, they sent letters to chief election officials in all 50 states warning them not to place Trump on the ballot should the disgraced former President chose to run again in 2024, as he was in violation of the Constitutional clause barring oath-breakers from public office after having "engaged in insurrection or rebellion" against the nation. After having incited the January 6, 2021 attack on the U.S. Capitol, they explained to state officials, he was no longer eligible for office under the post-Civil War Amendment.

They were, of course, correct. Both chambers of Congress, in bipartisan votes, found that Trump had, in fact, incited the insurrection while attempting to prevent Joe Biden, the winner of the 2020 election from being certified by Congress. Late last year the Colorado Supreme Court agreed [PDF], and barred Trump from the state's ballot. He appealed the ruling to SCOTUS, which quickly heard the matter and issued its 13-page ruling [PDF] on Monday, pulling reasons out of thin air for why Colorado could not bar Trump from running in the state.

The Republican Supremes went even further by inventing a new mandate that will prevent insurrectionists from being barred from federal office under 14.3 unless Congress adopts a new law to execute the 150 year old Amendment. (Or, at least, to execute it's two-sentence Section 3. All of the other mandates of the 14th --- such as citizenship for those born or naturalized in the U.S., due process for all and equal protection under the law --- are all self-executing. A special law by Congress is, apparently, only necessary for Section 3, for some reason, according to the Supreme Court as of this week.)

We're joined today by FSFP's Legal Director, RON FEIN, who, with fellow FSFP Constitutional law experts John Bonifaz and Ben Clement, penned an op-ed on Wednesday, describing the Court's ruling as "an error of historic proportions and a sham."

The Court's ruling, he argues today, "had nothing to do with the text of Section 3 of the 14th Amendment, nor of the history, or the original public understanding of Section 3. Instead, the Justices --- and it's not just the six conservative Justices but also the three so-called liberals --- started from the endpoint of the result that they wanted to reach and then worked backwards to find a rationale."

"If they had wanted to say that Trump didn't engage in insurrection," he tells me, "I would have had a little bit more respect. It would have been very brazen and obviously ridiculous. But at least they would have been straightforwardly saying something that would have meant that he wasn't disqualified --- if they wanted to defy all evidence and say that he didn't engage in insurrection. But instead, they fabricated an exception that can be found nowhere in the Constitution, that basically lets Trump and others off without ever confronting the merits of what he did."

As anyone who has read Monday's ruling may have noticed, the Justices never dispute the Colorado Supreme Court's finding --- following a five-day trial --- that, yes, Trump is, in fact, an insurrectionist. In fact, the Court's three liberals, in response to the part of the majority's Opinion from which they dissent, refer to Trump as an "oathbreaking insurrectionist" on numerous occasions.

Fein describes how the SCOTUS ruling makes a mockery of their claim to require "uniformity" in elections. "This is something that they pull when they want to, but it has no real basis in reality," he notes, describing how our Presidential election system is actually set up to allow each state to determine their own way of running elections.

"We have state by state elections," he asserts, "both at the primary stage and in the general election. We have, for better or worse, an Electoral College system. That's the system under which Donald Trump became President under in 2016. It is not at all uncommon, both in the primaries and in the general election, for some candidates to be on some states' ballots and not others. In fact, we're going to see that in this election. We're going to see RFK Jr. will be on some states' ballots, but not all of them. Cornel West will probably be in the same situation. The Constitution says that states have the power to determine how they appoint electors."

Those facts make the Court's argument that removing Trump from the ballot would allow a single state to determine the result of the election a joke. Then again, the entire ruling is exactly that, if not a particularly amusing one.

Fein eviscerates the rest of their opinion as well today, while warning that there may now be further Constitutional bastardizations regarding Trump in the days and years ahead. As he, Bonifaz and Clement explain in the chilling conclusion of their op-ed: "If Trump wins, prepare for a third term. Sure, the Twenty-Second Amendment says that '[n]o person shall be elected to the office of the President more than twice.' But Trump has already claimed that he is entitled to a third term because 'they spied on my campaign.' When Trump’s lawyers make this argument, what credibility will the Supreme Court have as he runs roughshod over our constitutional democracy?"

ALSO TODAY...

• Sweden formally joins NATO. (I guess Russia will have "no choice" but to attack them now too, amirite Putin fans?)
• Joe Biden will announce plans to use the U.S. military to deploy food and humanitarian aid to Gaza by sea via a temporary port.
• The group calling itself No Labels is reportedly planning to select a "Unity Ticket" for this year's Presidential election that nobody, other than No Labels and their secret funders, actually seem to want.
• Texas utility company Xcel Energy admits their equipment sparked the largest wildfire in state history.
• And Desi Doyen joins us for our latest Green News Report on the enormous climate stakes of this year's Presidential election and more...

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We repeatedly advised, back in 2016, that voters should ignore the so-called Conventional Wisdom heard from so-called "experts" and TV pundits at the time who insisted, over and again, there was no way Donald Trump could ever become President. Today on The BradCast we've got many more such reasons why Americans should similarly ignore Conventional Wisdom in these times which have proven to be anything but conventional. [Audio link to full story is posted below this summary..]

First, a little over a month ago, the Conventional Wisdom was that Russia's powerful military would quickly take over Ukraine within days, that NATO would likely have trouble uniting in their response, and that the entire organization itself could be on precarious grounds. Not only did all of that Conventional Wisdom prove to be wrong, but on Wednesday, Finland and Sweden, which have remained neutral for decades (if not centuries, in Sweden's case) announced they are very seriously considering joining the Western military alliance, perhaps as soon as in the coming weeks, after witnessing what happened to Ukraine. Yes, contrary to Conventional Wisdom, NATO may end up stronger and even larger than it has been in years.

In other Conventional Wisdom worth ignoring today, we are being told that Democrats are going to take a shellacking in this November's elections and are likely to lose their majorities in both the U.S. House and Senate in the bargain. Conventional Wisdom has it that the party in power before the midterms, especially with an unpopular President in the White House, pays a big price in those election years. Of course, that may well prove to be the case. But, as noted, these are not conventional times. Moreover, this year's elections are far more than a contest between Democrats and Republicans. They are no less than a contest between Democracy and Authoritarianism.

We're joined today by Roosevelt University political scientist DAVID FARIS, author of It's Time to Fight Dirty: How Democrats Can Build a Lasting Majority in American Politics and The Kids Are All Left: How Young Voters Will Unite America.

He recently penned a column at The Week, where he is a regular contributor, headlined "Democrats could still win in November. No, really." Really? Yes, really. Faris joins us to discuss how he believes it's still possible that Democratic candidates and President Biden can still take action to, at the very least, hold on to the U.S. Senate this fall and why, as he notes in the conclusion of his article, "it is still possible to squint and see a winning environment for Democrats this November."

His recommendations include, among other things we discuss today, Biden's use of his executive power to exercise the Defense Production Act; to take on corporate price-gouging and monopolies; and to combat Big Oil profiteering. Next, he explains how Democrats must turn the Right's idiotic (if effective) culture war --- banning books, threatening teachers who discuss race and gender, making abortion illegal --- against them, by boldly and aggressively taking on "radical Republican authoritarianism". And, yes, Dems need to loudly describe it as such.

"The stakes of these midterm elections are extraordinarily high," Faris explains, "because the Republican Party is like a proto-authoritarian cult. And every time that they are up for power, it could be the last free election that we have, as we currently understand them. And as long as that iteration of the Republican Party is what it is, every single national election that we hold here in the United States will have extraordinarily high stakes, because the Republicans are telling us exactly what they plan to do with their power."

"What we have to do is go on the offensive on some of these things. We have to identify the pieces of these culture war items, the panic of the day, most of which is not popular at all. The public does not support silencing public school teachers. People like teachers. The public does not support NOT teaching about slavery. The public does not support book banning."

"What's happening in Republican states is a comprehensive assault on human liberty," he argues. "These laws where you have people informing on one another --- cut an ad with what they did in East Germany. They had the Stasi, had people turn on each other and turn each other in. That's what this stuff is. It's authoritarian attempts to insinuate the Republican Party's priorities into our private lives and into our relationships with our fellow citizens, all in the service of creating this authoritarian dystopia where women are deprived of their rights and LGBTQ people are put back into their place."

He goes on to note that Dems may get some help from the Supreme Court between now and November, as the GOP's stolen and packed SCOTUS majority appears ready to turn back the clock on reproductive rights. "It will be a dark day in the United States when I think the Supreme Court overturns 'Roe v. Wade' sometime this summer. And this is a terrible tragedy that will impact the lives of many millions of women. It's just the first step in a path to gender tyranny, gender apartheid. It's a dark vision that they have for this country. But it could scramble the whole political landscape in this country in ways that we simply cannot anticipate right now."

The alternative to Dems shaking of their malaise and going on the bold offensive is detailed in Faris' more recent piece at The Week, headlined "Countdown to the Democrats' doomsday." That one persuasively explains how, by 2024, Republicans could end up winning a majority trifecta in D.C., with control of the White House, House of Representatives and, yes, even a filibuster-proof majority in the U.S. Senate.

So, yeah. It's time to ignore the Conventional Wisdom and get busy to help save this country and democracy itself. The alternative should be too grim by now to even contemplate. (Or, it would be, if the progressive side of the aisle had a media machine even close to what now exists on the Right.)

Finally, some listener mail (we got a lot of it!) in response to Monday's show with The Nation's John Nichols, in which we discussed accountability for the Trump Crime Family and the need to impeach the corrupt far-right active Supreme Court Justice Clarence Thomas...

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IN TODAY'S RADIO REPORT: Major agreements on methane, deforestation, climate finance and more at U.N. COP26 climate summit; Critical world conference now moves into difficult negotiating phase; PLUS: 2021 off-year elections in U.S. deliver a mixed bag for the environment... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Half world's fossil fuel assets could become worthless by 2036 in net zero transition; The EPA allows polluters to turn neighborhoods into "sacrifice zones"; Countries have failed to adapt for unavoidable climate damage; 10 Facebook publishers responsible for nearly 70 percent of climate change denial content; Banks 'being let off hook by weak climate regulation'; The Dalles sues to keep Google’s water use a secret... PLUS: This US city just voted to decarbonize every building... and much, MUCH more! ...

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...

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IN TODAY'S RADIO REPORT: DOJ investigating Interior Secretary Ryan Zinke; New study finds even more buildup of heat in the oceans, thanks to global warming; G.M. calls for a national electric vehicle sales mandate; PLUS: Teen climate activist in Sweden launches a kids' strike to combat climate change... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Freak summer weather and wild jet-stream patterns are on the rise because of global warming; Colorado ballot: Why Big Oil chose the nuclear option; Trump administration’s clean-cars rollback is riddled with errors; Venice just flooded while its costly flood gate sits unfinished; The extinction of wilderness; Solar geoengineering may not halt ocean warming; The ocean seafloor is dissolving because of climate change; EPA quietly telling states they can pollute more; Driven by warming waters, marine life is on the move... PLUS: Weather 2050: America is warming fast. See how your city’s weather will change... and much, MUCH more! ...

On today's BradCast, guest hosted by my own self, Angie Coiro, we have a whole passel of topics to cover.

First up, we deal as quickly as possible with the latest eye-rolling idiocy from Trump. Then - what a contrast! - the amazing, multi-faceted GEORGE LAKEY – long-time activist and educator who’s been arrested for righteous causes more times than he can remember. His latest book Viking Economics explores four Scandinavian countries, and how their democratic socialist economic models can transfer to the US. Maybe we should at least look at countries that have eliminated poverty – yes, he says: eliminated poverty.

There’s a lot that’s heartbreaking about Erica Garner suffering a heart attack reportedly brought on by asthma. Turns out there’s a racial component to that, with African American children twice as likely to suffer from asthma. Following that – a conversation with JAMES FORMAN, JR. He puts the ongoing battle for equal rights and respect in the context of drug laws passed and enforced by well-meaning minorities. Those very groups have suffered the most from those laws.

Finally – who got those holiday gifts out of those big-box warehouses so they could sparkle under your tree? With Amazon and other retailers reporting record sales, JESSICA BRUDER introduces a hidden subculture: white, formerly middle class Americans living on the roads, moving from job to job with the seasons. It’s a strange, symbiotic relationship between these mobile citizens and the companies that hire them: Amazon, Walmart, state and federal park concessionaires, food giants. The companies provide living accommodations but barely-living wages; some nomads work 24 hours a day while getting paid for eight. Jessica’s book Nomadland was selected by the New York Times as one of the 100 notable books of 2017.

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IN TODAY'S RADIO REPORT: Eruption of Bali's volcano could temporarily lower global temperatures; New study finds drilling wakes up sleeping earthquake faults in Texas; U.N. global treaty to curb HFCs comes into force; Tech company files patent on battery-charging breakthrough; PLUS: Elon Musk makes good on his battery bet for South Australia... All that and more in today's Green News Report!

Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Delhi smog crisis worsens; Mexico creates massive ocean reserve; Environmental groups sue to stop AZ Rosemont Mine; Wind energy surpasses coal in Texas; Everglades oil well application rejected; Solar stakes are high as Puerto Rico rebuilds; New Interior plan maximizes fossil fuel extraction on public lands; NC's Outer Banks battles rising seas; Coral reef transplant experiment gives scientists hope for Great Barrier Reef... PLUS: In order to save glyphosate, the Monsanto corporation has undertaken an effort to destroy the United Nations' cancer agency by any means possible... and much, MUCH more! ...

On today's BradCast: 75 years ago this past weekend, FDR issued Executive Order 9066, sending 120,000 Japanese-Americans to concentration camps in one of the most shameful moments in American history. Today, we fight to keep history from repeating itself as Trump offers big lies about terrorism, voter fraud and the media, among other things --- for a reason. [Audio link to full show posted below.]

While Trump's Executive Order attempting to ban Muslims and refugees from seven different countries has been blocked by the federal courts, another one is promised to take its place soon. And in order to do so, the Administration continues to offer lies about terror attacks to justify its actions, this time with the President citing a non-existent terror incident in Sweden --- fake news that he heard about (and misreported) from Fox "News" the night before his campaign rally in Florida on Saturday.

That dangerous lie comes on the heels of a week of another big lie from Trump and his top advisers concerning false claims of "thousands" of cases of "voter fraud" in New Hampshire and elsewhere --- and as Trump declares the media to be "the enemy of the American People."

While the lies are now non-stop, ridiculous and, at times, hilarious, the insidious reason behind them is chilling, dangerous, shameful and about as un-American as possible. Why all of it matters, and more, on today's BradCast...

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Today on The BradCast, a story out of France today, discussed at top of show, proves that things could be much, much worse. That said, with things as bad as they are, we discuss what needs to be done to restore sanity to Congress and how to save the Supreme Court, the right to vote, the truth, and everything else that is supposed to come with "democracy". [Audio link to show is posted below.]

Among the stories covered on today's show...

• Civil rights opponent Jeff Sessions of Alabama was confirmed last night as the U.S. Attorney General largely on party lines, save for West Virginia's Democratic Senator Joe Manchin who voted for him. Should Manchin be primaried? Or is the fight for a Democratic majority as a check against Trump and the GOP more important? (I welcome your short and sweet comments on that for possible use on air! Email me, if you like: BradCast - at - BradBlog.com)

• Then, are Democrats taking the bait by taking the side of Trump's stolen Supreme Court nominee Neal Gorsuch, who claims to be "disheartened" by Trump's recent attacks against a federal judge? Answer: Yes, they are. But you can help stop that.

• Next, after new Attorney General Sessions takes office and immediately lies about violent crime statistics, what would he be willing to lie about next in order to make it harder for Democratic-leaning Americans to vote? Michael Slater, President and Executive Director of Project Vote joins us to discuss not only the "voter fraud" myths being perpetuated by Trump, but how American voters need to start working NOW on how to prevent (more) voter suppression and assure the right to vote.

While Slater tells me he believes the media are getting much better in their response to GOP "voter fraud" lies, he warns that Democrats still need a lot of help and organizations when it comes to keeping their eye on the ball. "The Democrats have never been as supportive of voting rights, and put as much energy into expanding voting rights, as we have seen the Republicans in their efforts to restrict voting rights," he notes, during our, at times, chilling, but hopefully enlightening conversation.

• Finally, Desi Doyen joins us for the latest Green News Report, as news breaks that the 3-judge panel on the 9th Circuit Court of Appeals has unanimously rejected Trump's bid to restore his stayed Executive Order banning immigrants, travelers and refugees from seven majority-Muslim countries...

All of that and much more on today's BradCast!...

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Guest blogged by Ernest A. Canning

Undaunted by a U.K. threat to "storm" Ecuador's London embassy if the Latin American nation refused to hand over WikiLeaks founder Julian Assange to British authorities, this morning, Ecuador granted Assange's request for political asylum.

At a press conference in Quito, Ecuador's foreign minister Ricardo Patino strongly denounced the threat received from the U.K.: "Today we've received a threat by the United Kingdom, a clear and written threat that they could storm our embassy in London if Ecuador refuses to hand in Julian Assange."

Ecuador's decision to grant asylum in the face of the U.K.'s threat have not only triggered a diplomatic row but have threatened to tear apart the very fabric of international rule of law, according to experts. Where one could anticipate Sweden's denouncement of Ecuador's asylum decision as "unacceptable", as it summoned Ecuador's ambassador to Stockholm, the British threat to storm Ecuador's embassy was described by University of Australia Professor of International Law Don Rothwell as "extraordinary" and a "significant violation" of Article 22 of the 1961 Vienna Convention on Diplomatic Rights that could "find its way before an international court."

As Ecuador's foreign minister issued an angry denouncement of the U.K. threat, noting that his nation was "not a British colony", American filmmaker Michael Moore called on his friends in the U.K. to mount a protest of the U.K. threat outside Ecuador's London embassy. Occupy Wall Street protesters called for "people to take part in a 24/7 occupation of the British consulate in New York." Reuters reported a "clash between protesters and British police outside of Ecuador's embassy."

But, as discussed in a must-read opinion piece by Mark Weisbrot of the UK Guardian, the very concept of an international rule of law is open to question given the impunity by which the United States and its allies have operated both at home and abroad...

Guest blogged by Ernest A. Canning

WikiLeaks founder, Julian Assange, has taken refuge in Ecuador's Embassy in London, where he has applied for political asylum, stating:

Ecuador, which, two years ago, offered Assange asylum and which also has an extradition treaty with the U.S., confirmed that it is considering Assange's asylum application, but stated that its decision to do so, "should in no way be interpreted as the government of Ecuador interfering in the judicial processes of either the United Kingdom or Sweden," according to CNN.

Assange, an Australian, as we previously reported, has maintained that the sex charges against him, and Sweden's request for extradition from England where Assange has been staying since the charges were initially filed against him, are being utilized as an excuse to ultimately transport him to the U.S. for political persecution.

Assange suffered a significant legal setback last week when the UK's Supreme Court dismissed his application to reopen his appeal against extradition. He was scheduled to be extradited to Sweden in nine days.

UPDATE 6/20/12: In a public email, the advocacy group, RootsAction alleges:

The group has an on-line petition requesting that Ecuador grant asylum, which can be signed here.

Meanwhile, the UK's Guardian reports that Assange's asylum request could prove an empty gesture. Absent "giving Assange Ecuadorian diplomatic status...there seems no way in which he can get to Healthrow, let alone Ecuador, without being arrested for breach of his bail conditions," the Guardian reported.

A video containing Democracy Now's more extended coverage of the event, including London's announcement that Assange is now subject to arrest and Assange's prior interview of Ecuadorian President Rafael Correa on RT, is posted below...