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Latest Featured Reports | Thursday, October 6, 2022
Will FL Voters Finally Hold Its GOP Leaders Accountable for Misleading on Climate?: 'BradCast' 10/6/22
(If they can vote at all this year?) Also: Women voter reg spikes in IDAHO; Biden goes to pot...
'Green News Report' 10/6/22
  w/ Brad & Desi
OPEC and Russia raising oil prices again; Planet holds breath over Brazil's presidential runoff election; PLUS: Biden pledges America will help rebuild Florida after Hurricane Ian...
Recent GNRs: 10/4/22 - 9/29/22 - Archives...
KBJ Defends VRA on 'Originalist' Terms at SCOTUS: 'BradCast' 10/5/22
Guest: Dan Vicuña of Common Cause; Also: Walker revelations prove GOP doesn't care about abortion or think it's 'murder'...
'Green News Report' 10/4/22
  w/ Brad & Desi
Ian's catastrophic damage, death toll; FL climate resilience community passes Ian's test; Biden vows timely, full aid to P.R. after Fiona; PLUS: SCOTUS threatens clean water...
Recent GNRs: 9/29/22 - 9/27/22 - Archives...
New Bill Would Bar Congressmembers, Family from Trading Stocks: 'BradCast' 10/3/22
Guest: Craig Holman; Also: Ian's death toll; Biden in P.R.; Putin's failures; Brazil's lessons...
Sunday 'Think About It' Toons
There's plenty to ponder in PDiddie's latest collection of the week's best political toons...
High Cost of Climate Denial and Collapse of FL's Insurance Industry: 'BradCast' 9/30/22
Guest: Thomas Frank of E&E News; Also: DeSantis suddenly supports federal aid; Big Oil exposed (again) lying about climate change...
Keeping Up With Ian and Trump's GOP Fraudsters: 'BradCast' 9/29/22
Guest: Nicole Sandler from FL; Also: Election tampering charges in MI; Bad days in court for Powell, Dobbs, Fox 'News'; Trump's corrupt MAL judge strikes again...
'Green News Report' 9/29/22
  w/ Brad & Desi
Ian smashes records, pummels FL; Manchin's permitting bill collapses; New probe for PG&E; PLUS: Mysteriioius breaches on Russian pipelines to Europe...
Recent GNRs: 9/27/22 - 9/22/22 - Archives...
KS Abortion Referendum Data Suggest Women Being Under-Counted in Midterm Polling: 'BradCast' 9/28/22
Guest: Tom Bonier of TargetSmart; Also: Hurricane Ian storms ashore in FL...
Critical Elections, Catastrophic Storm Bear Down: 'BradCast' 9/27/22
Poll workers needed!; Ian closing in on FL; Scofflaw TX A.G. flees process server; Congress nears Electoral Count Act update; Listener mail...
'Green News Report' 9/27/22
Ian takes aim at FL; Fiona broke records in Canada; Noru pummels Philippines; Winter fuel prices soar; PLUS: Island nations call for fossil fuel non-proliferation treaty at U.N.
'Gold Standard' SCOTUS Poll Finds Majority of Americans Support Expansion of High Court: 'BradCast' 9/26/22
Also: Disinformationists; Fascism rising; Hurricane Ian threatens FL; Callers ring in...
Sunday 'Heavy Traffic' Toons
Be sure to check PDiddie's latest collection of the week's best toons before crossing state borders. You're welcome!...
Trump, Lindell, Ginni Thomas --- Geniuses All!: 'BradCast' 9/22/22
GOP election conspiracists have bad lawyers; Also: Garland's moving (and telling) remarks at swearing-in of new American citizens...
'Green News Report' 9/22/22
U.N. Sec-Gen wants fossil fuel industry to pay up; New plastics initiative; P.R. still lacking power and clean water; PLUS: Senate approves first climate treaty in decades...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Guest: Data analyst Tom Bonier of TargetSmart; Also: House Special election in NY a political 'earthquake' and other results from NY, FL, OK...
By Brad Friedman on 8/24/2022 6:01pm PT  

For some, it was a political "earthquake" on Tuesday. For us here at BradCast, it largely served to confirm what we've been arguing for many months now: Reports about a Democratic shellacking this fall are greatly exaggerated. And, the swing-district Democratic win in a New York U.S. House special election on Tuesday isn't the only new evidence today helping to support that case. [Audio link to full show follows this summary.]

First up, we run through some of the noteworthy reported election results from yesterday's primaries and runoffs in Oklahoma, Florida and New York. Tune in for specific details and specific races. But while there was good news and bad for both Democrats and progressives on Tuesday, the biggest story of the night was clearly Democratic candidate Pat Ryan's defeat of Republican Marc Molinaro in what both parties have been regarding as a bellwether for this November, a special U.S. House election in NY's 19th Congressional District. The Hudson Valley district is a classic "swing-district" that tends to follow the mood of the nation. It barely went for Biden in 2020 and for Trump and Obama in the years prior. In a "red wave" year for Republicans --- as both the GOP and media have long been instructing us that this year's midterms would be --- Molinaro should have easily won on Tuesday. Instead, he lost by 2 points.

In another special election for the U.S. House yesterday, in the state 23rd District, the Republican candidate won in the very Trumpy district, but by just over 6 points. That, after the Republican who previously held the seat had won it by 17 points back in 2020. It was yet another contest in which Democrats gained over their 2020 numbers, rather than lost, as would be expected in a "red wave" year.

In fact, where Republicans earlier this year had been winning special elections for the House by anywhere from 10 to 20 points more than Trump had won the same districts just two years ago, everything changed on June 24, when the GOP's stolen and packed U.S. Supreme Court, in their Dobbs decision, overturned Roe v. Wade and its 50 years of Constitutionally-protected privacy rights and reproductive freedoms. Since that ruling, every single special House election --- four of them, from Nebraska to Minnesota to New York --- has seen results swing toward Democrats from their 2020 numbers in the same district.

Ryan's victory on Tuesday in NY-19 is being chalked up to his campaign focused on abortion rights, fueled by campaign signs reading "Choice is on the Ballot." Indeed, Ryan also tied choice to freedom and democracy, as noted in his victory tweet last night. "Choice was on the ballot. Freedom was on the ballot, and tonight choice and freedom won," said Ryan, adding: "We voted like our democracy was on the line because it is." In the bargain, he concluded, "We upended everything we thought we knew about politics and did it together."

The GOP candidate, meanwhile --- a fairly strong candidate, not one of the Trump-backed insane ones --- attempted to make the contest a referendum on President Biden, inflation, crime and against one-party rule in D.C., as Republicans have hoped to do elsewhere for this November's midterms. It didn't work.

We've been arguing for many months now on this show that voters should simply ignore "Conventional Wisdom" based on historical data for this year's elections, as these are decidedly UNconventional times. There are many things that make it so, but the overturning of Roe v. Wade is certainly a great big one.

Evidence of that is also showing up elsewhere, as our guest today, TOM BONIER, CEO of TargetSmart, a Democratic data firm, has been noticing and tweeting excitedly about over the past few weeks since Kansas voters decisively rejected a state Constitutional ballot initiative that would have allowed Republicans in the traditionally conservative state to ban abortion rights.

Since then, Bonier explains, in state after state that he has examined --- so-called "red" and "blue" ones and even critical battlegrounds like Pennsylvania, Ohio, and North Carolina, among others --- the data for new voter registrations after the Dobbs ruling show numbers are spiking for women, particularly Democratic women and, specifically, those under 25.

"I'm not one that's prone to hyperbole," Bonier tells me, responding to a question about one of the stats he posted to Twitter, which he described as "jaw-dropping." He says that "when analyzing election data, you generally don't see variations from the norm, from past historical precedent, that are really that substantial." But, after being stunned by what happened in Kansas, he noticed there had been a huge spike in voter registrations in the state in its run-up.

"Of the voters who registered to vote in Kansas after the June 24th Dobbs decision, 70% were women," he found. "I've never seen anything approaching that degree of gender gap. It just doesn't happen."

"The reason you look at new registrants is because it's a great indicator of intensity. It's not that new registrants by themselves will swing the election, but it is a reliable indicator of which groups are really fired up about voting, and that's what's going to decide this election."

He discovered similarly "jaw-dropping" numbers for Pennsylvania after the Dobbs ruling. "It's not just that women are registering to vote. When you look at who those women are, they're overwhelmingly women and Democrats." New Dem registrations, he says, are outpacing Republicans 4 to 1. "Over half of them --- 54% of them --- are under the age of 25. So again, they're younger, they're more likely to be Democrats, overwhelmingly, young Democratic women being engaged."

In North Carolina, like Pennsylvania, where Democrats are eyeing another potential U.S. Senate pick-up that seemed impossible just several weeks ago, Bonier says he is seeing a similar trend. Before Dobbs, "Republicans had a one point advantage among new registrants. Since Dobbs that's shifted to a 5-point Democratic advantage...again, driven by younger women primarily, though not exclusively."

In Ohio, a similar story. In fact, Bonier says women are out-registering men in Idaho, Wisconsin, Louisiana, Arkansas and elsewhere.

Has he drilled down on these statewide numbers to see if they will have an affect on the heavily gerrymandered new maps that will favor Republicans in the U.S. House this year? So far, Bonier argues, they are "seeing the same pattern in these more potentially competitive Congressional districts."

Are the numbers large enough that, even with that gerrymandering, Democrats might actually be able to hold their majority in the House this November? "If you'd asked me this a few months ago, I never would have said this, but yes, Democrats have a chance. It's still an uphill battle --- especially because of the structural disadvantages --- but there's clearly a chance. We're not talking about the slimmest of margins, we're talking about a real opportunity. But for that to bear fruit for Democrats, it's going to take this trend continuing. It's going to take Dobbs being an inflection point, where we look back and we say, 'This election cycle, there was pre-Dobbs and there was post-Dobbs, and Dobbs is really what changed everything.'"

Bonier cautions that it "will still be difficult" and nothing is certain, especially since betwen this and so much else this year, there are simply no modern historical equivalents to compare it to. "So the best thing we can do is go out, work as hard as we can, and fight for every vote."

Have we been right to argue for so many months that voters should simply ignore the "conventional wisdom" --- from political professionals, including guys like Bonier --- in these UNconventional times? Tune in for his answer...

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Guest: ACLU's Ben Wizner; Also: Results from KS abortion amendment recount; Dems quietly outsmart GOP/SCOTUS on climate; More...
By Brad Friedman on 8/23/2022 6:23pm PT  

On today's BradCast: Based on the FBI's unsealed warrant for their recent court-approved search at Mar-a-Lago, we now know that our disgraced former President is being criminally investigated by the Dept. of Justice for violation of at least three federal statutes. One of them --- the one which has arguably received the most headlines --- is the Espionage Act. But that very broad federal statute has been wildly misused by the government over the years to target free political speech and, in modern days, both whistleblowers and journalists. Today, we speak with national security whistleblower Edward Snowden's lead ACLU attorney in hopes of better understanding the controversial law, what's wrong with it, how it needs to be amended, and if it is now properly being applied against Donald Trump. [Audio link to full show follows this summary.]

First up, however, as primary elections are underway in New York, Florida and Oklahoma today (noteworthy results and problem reports for voters on our next 'BradCast'), we wanted to close a loop on a story we reported last week. Anti-abortion activists in Kansas had hoped for a statewide hand recount of the ballot measure for a state constitutional amendment that failed so thoroughly during their primary elections earlier this month. The measure, trounced by about 18 points, would have allowed state Republicans to ban abortion rights in Kansas. Activists vaguely claimed there was evidence of fraud and asked for a hand-count of 9 of the state's largest counties after failing to raise enough money to count the whole state. That hand-count was completed over the weekend and very few votes changed at all. The "Yes" campaign netted an additional 63 votes out of more than 556,000 tallied by hand in those counties.

We've got some thoughts on that hand count to share today, including a response to the Kansas Sec. of State who claims the hand-count "proves once and for all that there is no systemic election fraud in our state's election process" (it doesn't) and for Democrats who decry lawful, public hand-counts --- paid for by challengers, even if they are loony ones --- as undermining our election system. They don't. In fact, they add confidence to it. Tune in for more.

Next, on Monday night, the New York Times reported that Donald Trump stole at least 300 documents marked as classified, many of them said to be incredibly sensitive national security documents. (Contrast that with the total of 3 documents found to have been sent to Hillary Clinton via her private email address marked as classified, for which Trump and his supporters railed to "LOCK HER UP!" for so many years.) All told, it took a year and a half to get those stolen documents back, after a year of negotiation and pleading by the National Archives, a grand jury subpoena from the DoJ, a personal visit to Mar-a-Lago by its top counter-espionage official, and, ultimately, the FBI search earlier this month.

Throughout that time, the paper reports, "Trump went through the boxes himself in late 2021," before failing to turn them all in and, even now, it is unknown if all of the stolen documents have yet been returned. Whether marked as classified or not --- and whether Trump declassified them or not (he didn't) --- it was still illegal for Trump to have any of them in his possession.

The federal search warrant revealed that he is being investigated for, among other things, violation of the Espionage Act. Writing last week at Politico, the Knight First Amendment Institute's Jameel Jaffer, formerly of the ACLU, argued that the Act has been abused over the years in its application against whistleblowers and journalists, such as Chelsea Manning (who released classified documents revealing war crimes by the U.S. Military), Reality Winner (who released a classified document revealing Russia's 2016 breach of U.S. voter registration systems) and, more recently, WikiLeak's Julian Assange.

But, Jaffer writes, while the overly-broad law desperately needs to be amended or even scrapped entirely, its use against Trump appears to be perfectly appropriate.

We're joined today by BEN WIZNER of the ACLU's Speech, Privacy, and Technology Project. Wizner serves as the principal legal advisor for Edward Snowden, the national security whistleblower who, charged with Espionage Act crimes, is currently living in Russia to avoid prosecution.

Wizner explains the many problems with the more than 100-year old law as it was originally used --- before being somewhat amended decades later --- to prosecute thousands of Americans for legitimate political speech. "In fact, the abuses of the Espionage Act at the outset really had something to do with the formation of the American Civil Liberties Union in 1920," he tells me. "It was used by Woodrow Wilson's administration to go after pacifists and anti-war activists, labor activists. Eugene Debs was prosecuted and imprisoned under the Espionage Act. So in its early years, it really is associated with all of the excesses of the first Red Scare and the crackdown on dissent, and immigrants and other radicals." (Debs ultimately ran for President from his prison cell, as Trump may now wish to take note.)

"In it's modern history, the core critique of the Espionage Act has been that it doesn't distinguish between selling the country's secrets to a foreign adversary for personal gain and sharing those same secrets with respected journalists in the public interest," Wizner explains. "In the Snowden case, you have somebody who shared information with news organizations. Those news organizations won the highest awards in journalism, a public interest Pulitzer Prize [based on documents from Snowden.]

But the most egregious part of the Espionage Act, as Wizner notes regarding Snowden's case and his exile abroad: "He's not able to argue, if he's brought to court under this law, that he was acting in the public interest, [and] that in fact the law [was] changed as a result of his actions. All of that would be irrelevant and inadmissible under an Espionage Act prosecution."

In other words, Snowden would be disallowed from even offering a defense for what he did. "The first person ever prosecuted under the Espionage Act for leaks to the press in the public interest, rather than trying to provide secrets to a foreign entity was, of course, the Pentagon Papers whistleblower, Daniel Ellsberg, in 1971," Wizner reminds us. (We discussed Snowden's case with Ellsberg on the show back in 2013. Audio and transcript here.)

There is much more to discuss about this bad law and the need to amend it, as several lawmakers from both major parties have long been trying to do. Tune in for that.

As to whether Wizner agrees with his former ACLU colleague, Jaffer, regarding the Espionage Act's correct application against Trump? While he argues "there's no good justification for what Trump did here," Wizner says he is keeping powder dry" regarding Trump's alleged Espionage Act violations. "I am very open to the possibility that when we find out why they cited that statute, I will be a full-throated advocate of what they did in this case. I'm just saying I don't have the information yet to be that full-throated advocate...It matters what those documents were. The fact that they were marked classified is a key fact. I still want to know what was in them."

"I believe Jameel Jaffer is correct that the concerns that the ACLU and other have raised about the Espionage Act are not implicated here," Wizner tells me. "We've been saying you shouldn't equate two different categories --- spies and whistleblowers. What we have here is a third category."

Finally, after some breaking news on President Biden reportedly deciding to forgive up to $10,000 in student loans for some federal borrowers, and Desi Doyen's explanation of how Democrats may have quietly and ingeniously outsmarted both Republicans and their stolen U.S. Supreme Court majority by declaring carbon dioxide and other greenhouse gasses to be "pollutants" in their recently passed Inflation Reduction Act, she joins us for our latest Green News Report, as the summer of extreme extreme weather continues...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Anti-choicers embracing 21st century 'Fugitive Slave Act' mentality
UPDATE 7/26/22: Oklahoma threatens librarians with job loss/fines/jail if they say 'abortion'...
By Ernest A. Canning on 7/25/2022 10:05am PT  

"Abortion is an essential component of women's health care" -- American College of Obstetrics and Gynecology

"When women are compelled to carry and bear children, they are subjected to 'involuntary servitude' in violation of the [13th] amendment" -- Andrew Koppelman, Northwestern Univ. Law Review (2010)

The moment the U.S. Supreme Court handed down its opinion in Dobbs --- the case in which five of the Court's six right-wing Radicals in Robes voted to completely overturn Roe v. Wade (1973) --- it resurrected a cruel and grotesque division between States that had not existed since the end of the American Civil War.

In 1860, prior to passage of the 13th, 14th and 15th Amendments, the very existence of a "United States" was under a grave threat due to an unsustainable, race-based divide between Slave States and Free States.

Today, courtesy of Dobbs, our nation finds itself mired in an unsustainable, gender-based divide between Free States, where a woman's reproductive liberties are preserved, and Slave States, where reproductive liberties no longer exist. (Andrew Koppelman's 2010 paper argued that "forced pregnancy" doesn't just deprive women of their "individual liberty". It also denies Equal Protection under law guaranteed by the 14th Amendment because that "deprivation is selectively imposed on women.")

The immediate impact of Dobbs was felt in Ohio, where the only option available to the parents of a 10-year old rape victim was to flee to neighboring Indiana so that their child would not be forced to carry the rapist's baby to term. But even the liberty that 10-year old's parents took advantage of is now threatened by a gender-based, Fugitive Slave Act mentality...

--- Click here for REST OF STORY!... ---




One more reason why voters MUST expand progressive majorities this November; Also: Callers ring in on all of the above and more...
By Brad Friedman on 7/18/2022 6:03pm PT  

It was a very hot BradCast today --- in most every way you might imagine. [Audio link to full show follows this summary.]

This week, a billion or so in China are suffering under record extreme heat and humidity. The death toll from relentless record heat, drought and wildfires in Portugal and Spain has now topped 1,000, as the heat spreads to France and the rest of Europe where Ireland and the U.K. are likely to see triple digit temperatures and a red flag extreme heat advisory for the first time.

Here in the states, as AccuWeather reports, sweltering highs approaching 110 degrees Fahrenheit will continue as temperatures "reach their highest levels of the year so far from Rapid City, South Dakota, to Wichita, Kansas, as well as Oklahoma City and Dallas" and everywhere in between. Electric grids, particular in Texas, are under extraordinary stress (the power went out during a Houston TV station's live weather forecast, as they warned of possible power outages) with little immediate relief in sight.

Apocalyptic conditions are now being experienced across the globe thanks to a climate crisis caused by the burning of fossil fuels. That, even as the corrupt, U.S. Supreme Court at the end of last month made up a pretend "doctrine" (the "major questions doctrine", found nowhere in the Constitution or American case law) to bar the EPA from regulating carbon emissions, as mandated by federal statute in the Clean Air Act.

At the same time, corrupt, fossil fuel industry-funded "Democratic" Senator Joe Manchin continues to undermine any and all environmental initiatives agreed to by every Democrat in the U.S. House and all but him (and, to a slightly lesser extent, corrupt AZ Democratic Sen. Kirsten Sinema) in the Senate, designed to curb deadly greenhouse gas emissions.

In short, as Sen. Bernie Sanders made clear over the weekend, Manchin --- whose family literally makes millions from the coal industry, and whose campaign takes in millions from the fossil fuel industry --- "has sabotaged the President's agenda" as our existential climate crisis quickly worsens.

Manchin and all 50 Republican Senators in the upper chamber and every single Republican in the U.S. House continue to prevent Democrats from all efforts designed to save humanity. But, somehow, to some on the Left, it is the fault of Democrats?! And it is Democrats who may be voted out of their majorities in both chambers this November? Really?! What gives?

We open the phones today to some of those very questions, as there are a whole bunch of folks calling themselves progressives out there who are, somehow, blaming Democrats for this mess and many others. We try to have a conversation with a few listeners about that. Tune in to today's lively BradCast to see how it goes!...

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What can be gleaned from the first midterm primary and special election results after the fall of 'Roe v. Wade'...
By Brad Friedman on 6/29/2022 6:14pm PT  

Please pardon the whiplash on today's BradCast, from our special coverage of the blockbuster J6 hearing in the U.S. House yesterday to coverage of election results in eight states today, and what they both may mean for November. But that's our world right now. [Audio link to full show is posted after this summary below.]

Critical midterm primary elections (and runoffs), and one Special Election for the U.S. House were held on Tuesday in Illinois, Colorado, Oklahoma, Utah, New York, Mississippi, South Carolina and Nebraska.

We've learned of a few reported problems for voters at the poll yesterday in several of those states (IL, MS, UT, NY) which we cover first today. Thankfully, they were fairly limited --- at least so far --- and not terribly egregious.

Then it's on to our curated and wholly incomplete coverage of noteworthy races in a number of those states, some of which may be quite telling regarding November and the so-called "Conventional Wisdom" that Democrats are due for a drubbing. That's what history tells us, of course, about the party in power for midterm elections during the first term of an unpopular President. But, given these exceedingly unconventional times, it'd be a sucker's bet and political malpractice --- for Democrats and democracy itself --- to simply presume history will repeat itself this fall.

Among the many results of note covered today: losses for 2020 election deniers and alleged criminals (like Tina Peters, the indicted County Clerk in Mesa County who lost her GOP primary for Sec. of State bigly, even in her own home county) in CO; losses for corrupt climate change deniers and disgraced former Trump officials (like his scandal-plagued EPA Administrator, Scott Pruitt who came in fifth in a GOP primary for the U.S. Senate) in OK; both wins and losses for loyalist Trumpers and anti-choice zealots in IL and CO (with Dems hoping they'd win their GOP nominations, because they'd be easier to defeat in November); a crushing, if satisfying loss for Rudy Giuliani's son in NY; victories and losses for progressive candidates in several states; And, perhaps most notably today, some telling results from the one D vs. R race on Tuesday, a U.S. House Special Election in NE.

As expected, the Democrat lost that special U.S. House race in NE in an exceedingly Republican district in which the GOP candidate won by 22 points in 2020. But on Tuesday, the Republican won by just over 5 points. More interestingly, in the one Democratic-leaning County in the District held by Republicans since 1964, support for the Democrat spiked from +1 in 2020 to +13 on Tuesday, in the first head-to-head election between the two parties since 'Roe v. Wade' was struck down by the radical rightwing U.S. Supreme Court on Friday. Hopefully, Democrats have taken notice.

There are many mitigating factors that could result in this year's midterms defying history and expert predictions. That doesn't mean they will, but they certainly could, particularly if Democrats figure out how to appropriately activate both their base and those who are furious about SCOTUS stripping away a Constitutionally-protected individual right for the first time in our nation's history.

Initial polling in the wake of Roe's demise find the SCOTUS opinion to be exceedingly unpopular with Democrats, of course, but also with independent voters and even a fairly large chunk of Republicans. We take a look at some of those very interesting tea leaves on today's program and what they could mean for November.

Finally, we close with Desi Doyen and our latest Green News Report, in advance of what is probably very bad news indeed for both the climate and the EPA coming from our corrupt Supreme Court tomorrow! But, for today, we've got news about what sparked New Mexico's largest-ever wildfire; Japan's electric grid facing stress under historic record heat; a new leftist climate hawk President for Colombia; and much more....

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Also: Cruz TX disbarment sought for 2020 steal efforts; GOP Sen. booed in WY; Young voters eager for 2022; Record majority for abortion rights...
By Brad Friedman on 5/19/2022 7:19pm PT  

What's the difference between a white supremacist mass murderer in Buffalo, NY and a GOP candidate for the U.S. Senate? Well, in terms of their racist rhetoric not a heck of a lot, it seems. That and many more reasons to both pay close attention and be skeptical of "conventional wisdom" regarding this November's critical midterm elections on today's BradCast, as American Democracy v. Violent Strongman Authoritarianism is most definitely on the ballot in every state this year. [Audio link to full show follows this summary.]

Among the stories underscoring all of that on today's program...

  • A number of the attorneys who helped Donald Trump try to steal the 2020 election have had their law licenses suspended or are facing permanent disbarment. One attorney who has yet to be held accountable in any way, however, is Sen. Ted Cruz, who volunteered to represent Trump in two different bogus election challenges before the U.S. Supreme Court; knowingly spread false claims of fraud; and then voted against certification of Joe Biden's Electoral College victory even after Trump's deadly insurrection at the U.S. Capitol. A bipartisan group is now hoping to change that. This week, they filed a complaint with the State Bar of Texas, seeking an investigation into possible disbarment for the sleazy Texas Senator/still-licensed attorney.
  • Speaking of sleazy still-licensed Texas attorneys, the state's chief law enforcement officer, Attorney General Ken Paxton now says he has been sued by the Texas State Bar for misconduct. Paxton has already been charged with several securities fraud felonies; is being investigated by the FBI for abuse of power and bribery after a federal criminal complaint by eight of his top former deputies; and brought a laughable case to the U.S. Supreme Court seeking to toss the 2020 election results in four states that were not Texas. It is for his help in trying to steal the election for Trump at SCOTUS that has resulted in the state Bar's lawsuit against him. Paxton is running for re-election anyway. On Tuesday he's in a runoff election with the state's Land Commissioner George P. Bush (the very Trumpy son of Jeb and nephew of the guy who made "one of the biggest Freudian slips of all time" at Southern Methodist University yesterday.) No sooner did Paxton get sued by the state bar then he turned around and opened an investigation into the Texas Bar Foundation for "facilitating mass influx of illegal aliens" --- ya know, the stuff that racist "great replacement" conspiracy theories are made of.
  • And speaking of the racist "great replacement" conspiracy theory, as repeatedly cited by the white supremacist domestic terrorist who murdered 10 and wounded 3 others in a Buffalo supermarket in a predominantly black neighborhood last weekend, a whole bunch of Republicans running for the U.S. Senate this year have been using nearly identical rhetoric to that racist murderer for a very long time. The once-fringe, now mainstream rightwing theory claims that Democrats are hoping to replace white American voters with immigrants, Jews and people of color to control the electorate with one-party rule. Or something. And, in the wake of Trump's embrace of white nationalism as President, AP highlighted a bevvy of mainstream GOP Senate candidates this year --- either running for reelection or for the party's nomination --- whose rhetoric on immigration directly echoes the same baseless, racist fear-mongering. Their list includes Blake Masters in Arizona; A.G. Eric Schmitt and disgraced former Gov. Eric Greitens in Missouri; GOP Senate nominee J.D. Vance in Ohio; and two-term U.S. Senator Ron Johnson of Wisconsin. The full list of elected and hopeful GOP officials who also espouse rhetoric shared by rightwing domestic terrorists is obviously much, much longer.
  • And speaking of domestic terrorists, the U.S. House passed the Domestic Terrorism Prevention Act (again) on Wednesday. All Democrats voted for it. Every Republican, except for retiring Illinois Rep. Adam Kinzinger, voted against it. Democrats vow to bring it up in the Senate next week. It may be a heavy lift over the undemocratic 60-vote filibuster threshold in the upper chamber. Too bad it wasn't called the Domestic Terrorism by Non-White People Prevention Act. It might have easily passed in both chambers, as most legislation related to terrorism that doesn't target white supremacists tends to.
  • And, speaking of extremism, on Thursday, the Oklahoma legislature passed a new law that, if signed by the Governor, would ban nearly all abortions starting at fertilization, which would make it the nation's strictest abortion law. It would also, in turn, make certain forms of birth control --- like IUDs, The Bill, Plan B, which don't necessarily prevent fertilization, but prevent implantation of a fertilized egg --- a form of "abortion" or, in Oklahoma, a homicide. More Republican-controlled states are likely to follow suit, despite the vast majority of Americans who support abortion rights. Please keep all of this in mind in November.
  • And, speaking of this November, polling last month from the Harvard Youth Poll suggests --- contrary to "conventional wisdom" --- that young voters are very eager to vote this year. The number who say they are "definitely" voting in the 2022 election is almost identical to the number who said same before the 2018 "blue wave" election. That could be good news for Democrats. Again, please ignore "conventional wisdom" in these decidedly unconventional times.
  • And, speaking of young people, even in deep "red" Wyoming, they don't dig attacks on LGBTQ+ people --- yes, even trans people --- as the state's U.S. Senator Cynthia Lummis found out the embarrassing way during a commencement address she gave over the weekend at the University of Wyoming. It took a while, but now she "apologizes" if she offended anyone with her remarks that were broadly booed during the speech at the school once attended by Matthew Shepard, the young gay man who was brutally beaten and left to die on a fence nearly 25 years ago. He became one of the namesakes of the landmark Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act.
  • And, speaking of civil rights for all --- and of keeping Big Government and the GOP's stolen and packed Supreme Court out of our bedrooms and doctor's offices --- support for abortion rights has reached a record high in a new NBC News poll following the leak of SCOTUS' draft opinion overturning Roe v. Wade and its 50 years of protection for reproductive rights. The poll also finds support for same-sex marriage (perhaps next on the chopping block after Roe's Constitutionally established right to privacy is killed) at an all time high, while approval for the High Court is at an all time, 30-year low in this particular poll.

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Guest host Nicole Sandler w/ Tulane Law's Amy Gajda and Tanya in Kyiv...
By Nicole Sandler on 4/15/2022 2:23pm PT  

It's your friendly, reliable guest host NICOLE SANDLER in for Brad and Desi today on The BradCast, as they begin a much-needed Spring Break. We've got some news of the day as usual, along with two timely guests for your listening pleasure. [Audio link to full show follows this summary.]

First, however, a few quick news items of the day. Among them: Ukraine's sinking of the Moskva, Russia's flagship in its Black Sea war fleet; and new anti-abortion laws being quickly enacted by GOP states in anticipation of this summer's U.S. Supreme Court ruling that may well end or, at least, severely restrict 1973's landmark Roe v. Wade precedent and its right to privacy for women seeking reproductive care.

Next, my conversation this week with my friend TANYA in Ukraine. I met her six weeks ago as Putin's war began, when I cold called the Friends Forever Hostel in Kyiv. We've been communicating ever since via text message. And, this week, we connected for the first time via video with Zoom. I'll share some of that conversation on today's program.

Finally, my discussion with AMY GAJDA, former journalist turned Tulane University Professor of Law and an expert on privacy and the media. We discuss her new book Seek and Hide: The Tangled History of the Right to Privacy on what is clearly an important topic these days.

Enjoy!...

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Also: COVID rising again before holidays; OK clemency for Julius Jones...
By Brad Friedman on 11/18/2021 6:34pm PT  

Justice isn't gonna demand itself, apparently. So we're happy (if that's the right word here) to continue doing it ourselves on today's BradCast, along with a bit of help from an actual, longtime homicide prosecutor. [Audio link to today's full show is posted below this summary.]

But, first up, the mess the perps have left us with. New COVID cases are on the rise again across much of the country in recent weeks, even as the death rate is falling. But deaths tend to lag infections, which has officials concerned as we head into the holiday season once again. We take the opportunity to catch up on where the nation is in that regard, with recommendations for all to get booster shots as soon as feasible, and fresh, empirical, conclusive evidence that masking up is still the best non-pharmaceutical defense against the disease for both the vaccinated and unvaccinated alike.

In slightly brighter news, of a sort, Oklahoma's Republican Governor actually did the right thing on Thursday, if only at the last minute, by granting clemency to 41-year old Julius Jones who had been scheduled to be killed by state the today for a crime that occurred more than 20 years ago. Just hours before he was to be put to death, Gov. Kevin Stitt converted his sentence to life in prison for a murder that Jones has insisted he had nothing to do with. His case gained notoriety following a three-part documentary produced by Oscar-winning actress Viola Davis that aired on ABC in 2018. The clemency was also appropriate after the state had paused its capitol punishments following horrifically flawed executions by lethal injection in 2014 and 2015. After restarting them last month, a 60-year old prisoner convulsed and vomited as he was killed.

But speaking of murder by the government, a week or two ago on The BradCast we were joined by our friend, author and progressive talk show host Thom Hartmann, to discuss his case for mass second degree murder against Donald Trump for what he described as the disgraced former President's purposeful mishandling of the COVID pandemic in 2020. Thom's case is largely predicated on evidence revealing that, after initially taking the coronavirus seriously, the Administration changed course once they came to believe the disease was far more fatal against minorities who lived in blue states --- in other words, those who were unlikely to vote for him last year anyway.

Since we spoke with Hartmann, there has been additional damning evidence unearthed against the Trump Administration's COVID response, released by the U.S. House Select Subcommittee on the Coronavirus Crisis, based on testimony from a number of both current and former Administration public health officials. The new information from those officials includes testimony, for example, from then White House COVID Task Force coordinator Dr. Deborah Birx, who reportedly believes that at least 130,000 lives could have been saved, had the the Administration taken appropriate action. Other officials have reportedly detailed how the White House blocked the CDC from sharing health guidance with the public while officials were even instructed to delete emails regarding directives on the pandemic response.

One of the maddening questions that arose during our discussion with Hartmann was why it seemed to be falling to a couple of radio hosts to even be building this public, legal case of accountability for mass murder by Trump in the first place. Where were the state prosecutors? Where was the Dept. of Justice and Attorney General Merrick Garland? Were we completely off-base in even suggesting criminal liability for mass homicide by a former President? That, as Hartmann conceded that he was, by and large, taking his best guess, as a layman, at whether charges for homicide by Trump should consist of first or second degree murder or something else entirely.

I heard from a number of folks after that program with thoughts on our conversation, including from several attorneys, two of whom had somewhat differing views on Trump's criminal liability. One suggested that, indeed, second degree murder charges seemed to fit the crime, while another felt that Trump had no direct culpability in the deaths of hundreds of thousands of Americans. Or, at least, that it would likely be very difficult to prove any such culpability. We share the thoughts from both today.

We also heard from others who noted there was, in fact, someone else making a public case to bring homicide charges against Trump for some time. Specifically, we were pointed to longtime Washington D.C. homicide prosecutor, Glenn Kirschner, who now has his own podcast called Justice Matters. Kirschner spent some thirty years prosecuting murder cases, eventually becoming D.C.'s chief homicide prosecutor. On today's program, we share a clip from a podcast he released last December, shortly after revelations that the Administration had largely given up on trying to stop the spread of COVID and were, in fact, hoping that it would spread widely in order to eventually achieve herd immunity. That, even as infectious disease experts believed at the time that reaching herd immunity would take years and, literally, millions of American deaths before enough of the population would have enough immunity to halt the spread.

At the time, Kirschner used his podcast to explain what he saw as a clear cut case of what he described as "criminally negligent" or "criminally reckless homicide" (noting that the crime has different names in various jurisdictions). He explained how both Trump and Vice-President Mike Pence, who headed up the White House Coronavirus Task Force at the time, were "criminally responsible for needless coronavirus deaths" by the end of last year and the deaths of some 350,000 Americans at that point.

In his December 2020 podcast, Kirschner shared his belief, as a former prosecutor, that both Trump and Pence met the tests for such charges. Today, we continue to ask if any current prosecutors --- whether at the state or federal level --- are actually working to build such a case. And if not, why not?

Finally, we're joined by Desi Doyen for our last Green News Report before next week's Thanksgiving holiday. (We'll be taking the week off in desperate need of recharging our batteries and making up for family time lost during the worst of the pandemic last year.) Among the stories covered on today's GNR: disastrous extreme flooding in the Pacific Northwest on the heels of disastrous and deadly extreme heat in the same region just months ago; the Administration's controversial court-ordered oil and gas lease sale in the Gulf of Mexico; and President Biden's trip to Detroit to this week to promote both his new infrastructure plan and new, American-made electric vehicles...

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Vote system failure in NJ; Another GOP gerrymander in OK; Too many Atlantic storms; Major climate deals in Glasgow; Breakthrough deal on drug pricing in Senate; NYC's vax mandate working well so far at NYPD...
By Brad Friedman on 11/2/2021 5:49pm PT  

Millions are voting around the country on Tuesday. Governors, Mayors, school boards and various initiatives are on the ballot (along with a couple of Special U.S. House elections) in a whole bunch of states in this year's off-year elections. Full results, such as we might have them, on tomorrow's BradCast. But for today, as voters vote (or try to), elected officials were making some pretty big and important and long-overdue deals today, from D.C. to Glasgow. [Audio link to full show is posted below this summary.]

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

  • The extreme partisan gerrymandering in states controlled by Republicans continues apace, with Oklahoma the latest to propose cracking a major Dem stronghold into three pieces in order to squeeze out another GOP House member for the next decade in the already very "red" state. All of that made much easier in states that, prior to the 2020 Census, had to win approval for new maps from the federal Government under the Voting Rights Act. The GOP's stolen and packed U.S. Supreme Court majority has helpfully done away with that little annoyance in advance of 2022 and 2024.
  • Thanks to lighter off-year election turnout and measures enacted before and during the pandemic to make early and remote access to the ballot box easier, we're not hearing about too many voting problems today so far...except for in New Jersey, where electronic pollbooks reportedly failed across the state for several hours when polls opened. Unclear if there were backup paper pollbooks available, but as one outlet reported: "When the Internet would go down, the machines would crash."
  • For the second year in a row --- and the third time in history (the first time was in 2005) --- the National Weather Service has once again run through all of the names in the alphabet for named Atlantic storms. With the naming of Subtropical Storm Wanda over the weekend, we are turning to the supplemental name set, which is starting over from "A" this year. Unlike last year, they won't be using letters from the Greek alphabet which seems to have confused a whole bunch of us. But the increasing number of storms is the real worry, despite absurd, years-ago-debunked climate change denialist talking points still coming out from the fossil fuel-sponsored Republicans in Congress.
  • With the critical U.N. Climate Summit (COP26) in Glasgow, Scotland now officially underway, President Biden officially apologized to the world for Donald Trump pulling the U.S. out of the Paris Climate agreement, during his four disastrous years as President. (The U.S. was the only country, out of about 200 across the world, to withdraw from the pact.) Now that we're back in, two fairly big agreements were struck in the conference's opening days. One to stop and reverse deforestation and another to cut climate warming methane emissions by 30% by 2030. The first was signed on to by more than 100 countries, including the U.S., UK, China, Russia and Brazil. The second did not yet win the support of China or Russia, but the others, including Brazil, seem to be in. The agreements are pretty big deals, as Desi Doyen explains today --- even if there is much more work that must be done at this two week summit.
  • Speaking of big deals, apparently another big one was struck in the U.S. Senate between Kyrsten Sinema (AZ) and all of the other Democrats to lower prescription drug prices in Biden's Build Back Better bill. The details are still not fully known, but the agreement will allow "lower prescription drug prices for seniors and families," according to Senate Majority Leader Chuck Schumer. The seemingly interminable negotiations continue on the BBB, but that news from Sinema and some encouraging remarks today from the other Democratic obstructionist, Joe Manchin (WV) are hopeful signs today, as Mitch McConnell makes clear that he is rooting for Sinema and Manchin to gut the (currently) $1.75 trillion social safety net and climate change legislation.
  • After anti-vax alarmists had warned for weeks that as many as 10,000 cops would be lost from the NYPD once Mayor Bill deBlasio's vaccine mandate kicked in on November 1, it turns out the number of uniformed police placed on unpaid leave was much smaller. As of Monday, the number was 34, or 0.15 percent of NYPD employees. Over the past week, NYPD's vaccination rate jump 15 points to 85 percent. As evidence from other states and industries reveals, mandates work.
  • Finally, we're joined by Desi Doyen for our latest Green News Report as host UK's Prime Minister Boris Johnson opens COP26 with a dramatic flair; as the U.S. House calls Big Oil on the carpet for decades of climate lies; and as the corrupted U.S. Supreme Court agrees to review a case that could dismantle the EPA's authority to regulate dangerous greenhouse gas emissions...

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SCOTUS may soon overturn Roe v. Wade, but, until then, an injunction would restore long-established legal precedent in the Lone Star State...
[UPDATED 10/6/21: Judge grants preliminary injunction; temporarily enjoins state ban] [UPDATED 10/8/21: 5th Circuit grants temporary administrative stay][UPDATED 10/15/21: DOJ will ask Supreme Court to lift 5th Circuit stay]
By Ernest A. Canning on 9/29/2021 10:05am PT  

On Friday, U.S. District Court Judge Robert L. Pitman is scheduled to hear oral arguments on Texas' new anti-abortion law, S.B. 8 in the federal government's Emergency Motion for a Temporary Restraining Order or Preliminary Injunction [PDF]. He is likely to rule in favor of the federal government.

If granted, the ruling by Judge Pitman, an Obama appointee, would temporarily prevent enforcement of the new Texas statute banning pre-viability abortions performed on or after 6 weeks of pregnancy, before many women even know they are pregnant. That preliminary injunction would, for now, restore the status quo ante --- the state of the law in Texas prior to Sept. 1, 2021, when S.B. 8 first went into effect.

Unless overturned on appeal, the preliminary injunction would then remain in effect pending a final decision on the legal issues raised by the U.S. Department of Justice (DOJ) in the federal Complaint it filed in United States v. Texas.

The issuance of a temporary injunction by Judge Pitman would not be inconsistent with the U.S. Supreme Court's recent 5-4 rejection of a private medical provider's similar request for an injunction in Whole Woman's Health v. Jackson, the initial federal challenge to the Lone Star State's new law.

As the DOJ argues in its filing, no one, not even Texas, contends that S.B. 8's pre-viability abortion ban --- one that also contains no exception for unwanted pregnancies due to rape or incest --- is Constitutional under existing federal law. To the contrary, even in the first case, Whole Women's Health, the right-wing Supreme Court majority conceded the medical provider plaintiff "raised serious questions regarding the constitutionality of the Texas law at issue".

The core problem which prevented the issuance of an injunction in the initial case arose from "uncertainties" both as to federal court jurisdiction and whether any of the named defendants in that case could lawfully be the subject of a federal court injunction.

Those "uncertainties" arose because S.B. 8 was specifically designed to prevent challenges to its constitutionality in federal courts. The statute was crafted to prevent the Executive Branch of state government from enforcing the 6-week abortion ban. Instead, according to the DOJ's Complaint, S.B. 8 "deputized ordinary citizens to serve as bounty hunters who are statutorily authorized to recover $10,000 per claim from individuals who facilitate a woman's exercise of her constitutional rights."

In Whole Woman's Health, a legal concept known as State sovereign immunity prevented the plaintiff from naming Texas as a defendant. Because the statute prevents enforcement of the Act by members of the state's Executive Branch, the private medical provider was unable to seek an injunction against anyone working for that branch of the Lone Star State. There's legal uncertainty as to whether the State court judge, who was a named defendant in the case, could be enjoined by a federal court. The only potential private "bounty hunter" named in the medical provider's complaint filed an affidavit with the U.S. Supreme Court, asserting he had no present intent to file an S.B. 8 enforcement lawsuit.

The Supreme Court's "shadow docket" majority decision held that those "uncertainties" warranted a denial of the private medical provider's request for injunctive relief in Whole Women's Health. However, that same majority expressly noted their decision "in no way limits other procedurally proper challenges to the Texas law."

Texas cannot assert sovereign immunity when it is directly sued by the federal government in a case that alleges a State enactment violates the sovereignty of the United States. Thus, the DOJ's case, United States v. Texas, is a "procedurally proper" challenge...

--- Click here for REST OF STORY!... ---




Guest: Slate's Mark Joseph Stern explains today's rulings; Also: Two conditions on Biden's debates with Trump?; Continuing COVID-19 havoc...
By Brad Friedman on 7/9/2020 6:02pm PT  

On today's BradCast: They were the last major decisions of the term for the Republicans' stolen U.S. Supreme Court. And at least all of the Justices seemed to mostly agree that Presidents are not above the law, even if this one was allowed to buy some time before facing accountability. [Audio link to show is posted below.]

Lucky for Donald J. Trump, that extra time granted by two remands to lower courts by SCOTUS today will almost certainly prevent the public from seeing his tax returns and other likely fraudulent financial documents from the years before his Presidency, before he must stand for re-election on November 3rd. Despite those considerable gifts from SCOTUS today, Donald Trump went off on an incomprehensible Twitter tantrum in response. For some, I guess, too much is never enough.

"Not even the President, is categorically above the common duty to produce evidence when called upon in a criminal proceeding," Chief Justice John Roberts wrote for the majority in one of Thursday's long-awaited 7 to 2 opinions [PDF]. Citing 200-year old remarks by Chief Justice John Marshall, Roberts observed: "We reaffirm that principle and hold that the President is neither absolutely immune from state criminal subpoenas seeking his private papers nor entitled to a heightened standard of need." Even accused sexual assaulter Justice Brett Kavanaugh agreed in a concurring opinion that "no one is above the law."

While no one may be above the law, Trump received two extraordinary gifts from the court today. One opinion, Trump v. Vance [PDF] effectively postpones the disclosure of his dubious financial documents to the Manhattan District Attorney for a criminal grand jury investigation until, mostly likely, after the November election. The other, Trump v. Mazars [PDF] prevents several Congressional Committees from seeing similar documents that they subpoenaed from Trump's accounting firm, also until after the election --- and maybe never if the clock runs out on the end of the Congressional session in December. It will likely take at least that long to work through the courts with SCOTUS' newly-raised bar for such subpoenas of the Executive Branch by Congress.

We're joined once again today, at the last minute, by Slate's great court reporter MARK JOSEPH STERN to offer his ever-helpful clarity and context to today's complicated opinions, which one attorney today described thusly: "The ruling is 'No president is above the law', but they post-dated it to the Biden administration".

"I think he just doesn't really understand how the Court gave him a gift," Stern explains, in response to my questions about Trump's whining, incoherent Twitter response to today's ruling. "These decisions are wrapped up in a lot of language that pointedly reduces the President's immunity and executive privilege from oversight and investigations. And announces or reaffirms some crucial principles, like, of course a state can subpoena a President's records for a grand jury proceeding and, yes, Congress can also subpoena the President and his confederates and businesses if it seeks to get that information to pass legislation."

"But the Court said 'We are going to draw a line because we're not so sure that here, either the New York grand jury or the House of Representatives checked all the boxes that we think they needed to in order to get this information.' So, there's going to be a run-down-the-clock thing now, where Trump tries to keep fighting this in the lower courts --- at least through the November election --- and that means we may never actually get to see these records that the Supreme Court said, theoretically, we could have a right to see."

Stern observes: "It was almost like it was a carefully brokered compromise to reach this exact result and then work backwards for the reasoning." Nonetheless, Stern notes, even if his financial firms are allowed to escape subpoenas by Congress, "the writing is on the wall" for the subpoenas filed by Manhattan District Attorney Cyrus Vance. "I think the lower court is going to very quickly say, 'Yep, these records can go to the grand jury.' And that's going to be that. It could happen in a matter of weeks."

We will see. Or not.

Next, a few more accountability odds and ends today. Trump received another gift this week in the form of a second --- and still-unexplained --- extension of the deadline for the release of his annual financial disclosure statement. Speaking of, the New York Times' Thomas Friedman thinks that Joe Biden should refuse to debate Trump (who now needs the debates more than Biden does) unless Trump releases his tax returns from his years as President, since he promised to do so in 2016, and Biden has already done so. Friedman has one other condition as well that he suggest Biden place on the debates before agreeing to participate this year.

On the COVID-19 front today, the CDC is now claiming they are not planning to rewrite guidance for the reopening of schools after Vice President Mike Pence indicated yesterday they would be doing so following Trump's complaint that their original recommendation for opening schools safely was "very tough and expensive". And, whaddaya know? There's a surge of COVID cases in Tulsa following Trump's unmasked super-spreader campaign rally there in late June, according to the city's top health official.

Finally, we're joined by Desi Doyen for our latest Green News Report with record-breaking Siberian wildfires; a record-breaking Atlantic hurricane season (which only just kicked off!); the new natural gas bomb trains the Trump Administration has just approved to move through your hometown; and some good truckin' news for breathers in California!...

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Guest: Slate's SCOTUS reporter Mark Joseph Stern on the 'canny legal' maneuverings of the Chief Justice; Also: MS votes to dump Confederate flag; Trump Campaign removed social distancing stickers before Tulsa Death Rally; COVID-19 now ravaging all but two states...
By Brad Friedman on 6/29/2020 7:04pm PT  

As life in the U.S. continues to get grimmer, we find a few much-needed points of light during today's BradCast! [Audio link to full show is posted below.]

First up, the GOP-controlled Mississippi state legislature finally voted overwhelmingly on Sunday to remove the offensive Confederate flag symbol from their own state flag. Both the Governor and Lt. Governor support the move and the bill will be signed. Yes, the ongoing uprising against systemic racism in the U.S. continues to bring about long-overdue positive change! Also, there was (mostly) good news in a long-awaited abortion case at the U.S. Supreme Court today, but we'll get there in a second.

Before that, we've been arguing in recent days that Donald Trump should eventually be brought up on charges for what amounts to mass murder in his purposefully and criminally delinquent and negligent handling of the COVID crisis. More evidence of that affirmative endangerment of the public was reported over the weekend by the Washington Post, which obtained video evidence that the Trump Campaign, just hours before his June 20 campaign rally in Oklahoma, removed thousands of social distancing stickers placed on seats at Tulsa's BOK Center venue by its management. As the city's health director pleaded with the campaign to postpone the rally amid spiking infections rates, and local residents and business owners went all the way to the state's Supreme Court to try and block it, the Trump Campaign was purposely making it less safe for rally attendees. The infection rate in Tulsa has continued to spike since Trump's under-attended Death Rally (where he had falsely bragged in advance that there wouldn't be "an empty seat"), as infection rates now continue to rise in at least 36 states after the largest single day increase across the nation on Friday.

Florida, Texas and Arizona, with Republican Governors who were among the first to reopen, are now seeing among the largest growth in infections and hospitalizations in the country. That, despite Republican Gov. Ron DeSantis' hubris-filled attacks on the media just weeks ago following an initial lack of new confirmed cases after reopening for Memorial Day and a now-embarrassing rant from Sean Hannity on Fox 'News' claiming that FL and NY "got it right", states like NY got it wrong (NY's infection rate was just 6% of Florida's on Friday) and that "the mob and the media....owe Gov. DeSantis a huge apology." Well, that didn't age well.

Then back to a bit more good(ish) news as the U.S. Supreme Court's Chief Justice John Roberts, for the third time in as many weeks, joined the Court's liberal wing on yet another major case --- well, mostly. It was enough, at least, to strike down an extremist anti-abortion measure in Louisiana, in any case. Had the attempt by state Republicans to insert Big Government in-between a woman and her doctor been upheld by the Court, it would have left the entire state of 4.6 million with just one single doctor legally allowed to perform the still-Constitutionally protected medical procedure.

We're joined today by one of our favorite SCOTUS corespondents, MARK JOSEPH STERN of Slate, to explain today's 4 to 1 to 4 opinion which resulted in the end of the state law requiring abortion doctors to unnecessarily obtain difficult-to-receive hospital admitting privileges. While abortion rights activists are breathing a sign of relief today, Stern explains, they likely won't have long to enjoy it. The Court with a stolen Republican Majority still appears hell bent on rolling back Roe v. Wade, he says.

While Roberts, in his own concurring opinion [PDF], effectively joined the liberals again today in striking down the Louisiana law --- again, maddening the right-wingers in the bargain --- he "is a very canny legal strategist, who still quite obviously opposes the Constitutional right to an abortion," Stern warns. In fact, what Roberts opinion today did was "leave us with a state of abortion jurisprudence that sort of rewinds the clock back to maybe 1992. Whereas, for the past four years, at least in theory, we have had a more robust protection of Constitutional rights."

With Roberts' new opinion, Stern reports, abortion rights proponents have actually lost some ground, even while the second "admitting privileges" law to find its way to the Court in four years was again struck down --- just like the previous virtually identical one out of Texas in 2016 (which Roberts then voted to uphold.)

The Chief Justice also voted recently with the Court's Democratic appointees to ban LGBTQ employment discrimination and in striking down Trump's rollback of DACA protections for hundreds of thousands of immigrant children who were brought here by their parents. So, why has Roberts seemingly become a "liberal squish" on three important landmark cases this session? Stern argues that he hasn't at all. Another ruling today regarding the Consumer Financial Protection Bureau (CFPB) in which the Court's rightwing 5 to 4 majority dreamed up new (non-existent) Constitutional powers for the Presidency, and a SCOTUS decision over the weekend to block absentee voting for all voters --- not just those 65 and older --- in Texas, in the middle of a pandemic, and in clear violation of the 26th Amendment, is just more evidence that the Republicans' stolen SCOTUS majority is still anything but "liberal", even after these three recent surprise opinions on LGBTQ rights, DACA and abortion.

Stern also offers his thoughts on whether Roberts would be voting as he has been of late if Justice Anthony Kennedy was still on the Court as its swing vote, and whether all of this suggests that the Court should now be expanded in response to theft of what should have been an actual liberal majority by now...

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Guest: Attorney Ron Fein of Free Speech for People; Also: Court nixes Trump 'national emergency' wall funding; TX, FL forced to re-close businesses as COVID spikes, Trump, Pence continuing lying about it...
By Brad Friedman on 6/26/2020 7:10pm PT  

On today's BradCast: Why does Indiana's Secretary of State Connie Lawson believe her emails with other Secretaries of State, and potentially voting system vendors, should be exempt from disclosure via public records requests? She is claiming her discussions about those systems with members of the private National Association of Secretaries of State (and any private vendors they may discuss or hear from) should somehow be protected due to exemptions for trade secrets and national security that cannot be exposed to the public. A judge in Indiana, however, seems to believes she is wrong. [Audio link to full show is posted below summary.]

But, first up today, a few items of breaking news amid our ongoing dystopian American nightmare...

  • A federal appeals court panel agreed today with a lower court judge that Donald Trump violated the law when he commandeered $2.5 billion in tax-payer dollars appropriated by Congress for the military in order to build his wall under the phony guise of a "national emergency". That, after Congress had specifically refused to allocate such funds. Bill Barr's corrupt Dept. of Justice will likely be appealing that one all the way up to the GOP's stolen U.S. Supreme Court if necessary;
  • As we have been warning for weeks (months?), the coronavirus pandemic is getting worse, not better, in the U.S. In particular, as we've demonstrated, many of the hardest hit regions where infection rates, ICU usage and deaths are skyrocketing are places where Republican politicians have been successful in joining our maniacal conman President in pretending the virus would simply go away if we just reopened our doors for business. That strategy has failed miserably and tragically. So much so, that the very Trumpy Republican Governors in two of the hardest hit states, Florida and Texas --- which were among the first to prematurely reopen --- were forced to re-close bars, restaurants and other businesses today as infections rates surge to record numbers in their states, and as ICU beds in some locations are quickly filling to capacity;
  • That, at the same time Vice President Mike Pence, who heads up the White House Coronavirus Task Force (remember them?), held their first press briefing in weeks to continue the Administration's attempted gaslighting of America to declare "very encouraging news" in the case numbers which are going straight up now in a majority of U.S. states;
  • Today's grim record COVID-19 numbers come just days after our failed President lied to his supporters at his latest maskless Death Rally inside a Phoenix church on Tuesday that "it's going away". It's not. It's getting worse. That was the same day in which internal White House task force documents, according to an NBC News exclusive, told both Trump and Pence that new case numbers in Phoenix --- which "had the highest number of new cases among the 10 metropolitan regions where the week-over-week change in infection rates spiked the most" --- was up some 150 percent over the past week. And, yes, infection rates, hospitalizations and deaths rates are rising as well, according to the White House's own numbers. That is not, despite the lies from both Trump and Pence, caused simply by "more testing".

With unabashed criminals like this now running our country --- and hopefully facing charges of criminal negligence if not mass murder someday soon --- we turn back to our "last firewall": our electoral system. There, we've got a bit of good news today, as Indiana Judge Heather Welch has rejected most of the claims made by the state's Sec. of State Connie Lawson (formerly a member of Trump's failed and phony "voter fraud" commission) to try and obscure her emails with members of the National Association of Secretaries of State (NASS).

The judge's ruling stems from a lawful request filed under Indiana's public records act. The suit, filed on behalf of the National Election Defense Council (NEDC) by Free Speech for People (FSFP), seeks those records in which Lawson was discussing voting systems with fellow Secretaries around the nation, NASS staffers, and, very likely, according to our guest today, private voting system vendors who wine, dine and lobby our nation's elections officials. In turn, those officials buy the unsecure, overly-expensive, error-prone computer voting and tabulation systems from the companies, and then parrot their talking points when the systems fail or when the public seeks to learn how they actually work (or don't.)

We're joined today by FSFP Legal Director RON FEIN to explain the court's recent ruling [PDF] in which the Judge rejected most of Lawson's claims to things like copyright and trade secret exemptions for her official Sec. of State emails. The judge is also demanding to privately review in her chambers those emails about which Lawson is claiming statutory exemption on the basis that disclosing those emails to the public would pose "a reasonable likelihood of threatening public safety by exposing a vulnerability to terrorist attack."

Lawson [pictured above with her newly purchased unverifiable computer voting systems] served as President of NASS from 2017 to 2018. She falsely testified [PDF] in 2017 before the U.S. Senate Intelligence Committee, during its probe of Russian interference in the 2016 election, that America's "voting machines are not connected to the Internet or networked in any way." That claim has been proven to be an out and out lie, over and over and again.

Nonetheless, if true, what possible "vulnerability to terrorist attack" could Lawson be referring to? Fein offers his thoughts, and explains why the judge's ruling that "access to public records is an important statutory right," is already a victory in this little known, but potentially very important case.

"The fact that the Indiana Secretary of State has fought so hard to keep these materials private suggests that at least some of them have something that's embarrassing that they don't want the public to see," Fein tells me, suggesting that, "In some cases, the [voting system] companies are either outright bribing or engaging in extremely unethical practices with election officials."

"One of the most essential elements of democracy is a free and fair election. And the free and fair election requires that it be secure and trustworthy...And we have misinformation out there about the security of these systems. When that misinformation is being spread by election officials whose job is supposed to be to spread accurate information and, if anything, tamp down misinformation, then it means that we have a crisis of legitimacy in the election," Fein explains. "What we're hoping through this public records access lawsuit is that, if we can shine a light on the processes by which election officials end up as vehicles for misinformation about the security and reliability of our election systems, then that will provide an opening for reform."

Please tune in for the full conversation, as we cover quite a bit of ground. And, just for the record, Lawson also misled the Senate Intelligence Committee when she insisted under oath that "no votes were changed in 2016." In fact, nobody actually knows one way or another, because nobody ever bothered to check.

Finally today, after yet another hellish week in Trump's America, we close with a smile and a song "celebrating" his under-attended Death Rally last weekend in Tulsa...

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Guest: Former Deputy Asst. Attorney General Lisa Graves; Also: COVID-19 still spreading at record rates and much MUCH more...
By Brad Friedman on 6/22/2020 6:33pm PT  

On today's BradCast: We're gonna need a bigger front page in this country, given all the huge news that only served to cancel out all of the other huge news this weekend. All of which, we suspect, is just the way Donald Trump likes it. But don't worry. The most important news of the weekend --- the first failed attempt and second successful attempt by corrupt U.S. Attorney General Bill Barr to fire the U.S. Attorney for the Southern District of New York (likely unlawfully) is the eventual focus of today's show, with our guest, a former Deputy Asst. Attorney General herself. [Audio link to show is posted at end of summary.]

But first, some of that other news that only served to crowd out all that other other news over the weekend. After a few quick words and warnings about tomorrow's primary elections in New York and Kentucky (expect very long lines) and some new news on Los Angeles County's new and already failed touchscreen voting and electronic pollbook system (which we'll have to offer in detail on another day), we take a look at the still burgeoning COVID-19 crisis. Despite Trump's attempts to pretend it away, infection rates are still increasing in at least 23 states, holding steady in 10, and only decreasing in 17 --- if, in fact, it's actually even decreasing in those states. All of this after many states reopened for business far earlier than health experts advised would be safe.

Then its on to Donald Trump's embarrassingly fizzled return to the campaign trail on Saturday, when his campaign's promise of more than 1,000,000 tickets registered for his "Great American Comeback Celebration" rally in Tulsa, Oklahoma, turned into just over 6,000 supporters at the indoor venue/coronavirus super-spreader event. The arena was barely half full, if that. Trump was reportedly furious, according to much of the brutal news coverage of his rambling, nearly two-hour remarks on Saturday, during which he admitted that he told his "people, 'Slow the testing down, please!'" Yes, the President of the United States, during a global pandemic, actually ordered his staff to try and test fewer people for the deadly disease in hopes that it might make him look like less of a failure. It has done just the opposite.

It also did not help the 6 members of his own campaign advance team in Tulsa who tested positive for COVID just before the event, or the two that have tested positive since. We should have expected as much from the guy who told reporters last week that "over one million people" were planning to attend and that "we expect to have like a record setting crowd. We've never had an empty seat and we certainly won't in Oklahoma." Even as he boarded the helicopter on the way to the Tulsa event Saturday, he lied to reporters that the "crowds are unbelievable" in Oklahoma. "They haven't seen anything like it." The operative word there is "unbelievable."

All of that, however, helped to obscure the remarkably corrupt and seemingly unprecedented events that took place very late Friday night when AG Barr falsely announced that Geoffrey Berman, the U.S. Attorney for the Southern District of New York, had resigned. Turned out he hadn't, and he said as much in a stunning statement minutes later, declaring that he'd only learned of his own "resignation" via Barr's press release.

Berman, a 2016 Trump Campaign donor and member of his Transition team, said he refused to step down until he was replaced by a Senate-confirmed nominee. Since he was not appointed by the President, but by the U.S. District Court for the Southern District of New York (the Senate would have had trouble approving him), he cannot be removed by firing without cause. According to law, a USA appointed by the courts can only be replaced by a Senate-confirmed nominee. Berman's U.S. Attorney's office at SDNY is known for its independence from Main Justice. It has prosecuted allies of Trump and was believed to be investigating more of them, including Trump's personal lawyer Rudy Giuliani and the Trump Organization itself. After Berman's brief overnight stand against Barr, he agreed to stand down on Saturday morning, after he said Barr agreed to allow Berman's Deputy to replace him as Acting USA (as is the normal practice), rather than install the U.S. Attorney from New Jersey (as Barr had announced in his false statement on Friday), which is decidedly not normal practice.

Yes, the Barr/Trump authoritarian strongman move is all at least as corrupt and unprecedented as it sounds. Thus, we are joined today by a guest with no small amount of insight into just how wildly corrupt and unprecedented all of this is. LISA GRAVES is a former Deputy Asst. AG at the U.S. Justice Dept., a former Chief Counsel for nominations in the U.S. Senate. She is also a former Deputy Chief for the US Court system. She is now Founder of True North Research, a good government watchdog group "researching the forces distorting our democracy."

Graves describes the Barr/Trump/Berman mess as "a debacle in terms of rule law." Ironic, she notes, coming from a man claming to be running for re-election as the "Law and Order President".

"This all smells. It reeks," she tells me. "It's really a terrible crisis for the Department of Justice, for the US Attorney's office in New York, and for the very rule of law. You cannot have a President who fires people who are investigating him or who are investigating his associates. You have to have a President who is as far away as possible from even appearing to interfere in that sort of investigation or any investigation that might touch on him."

As to what can be done about it and whether or not Barr actually broke the law himself with his initial attempt to remove Berman --- and whether Trump actually fired him on Saturday morning, as Barr contends (only to be contradicted by Trump himself) --- and who would prosecute Barr if, in fact, he did violate the law...well, you'll have to tune in to find out what Graves says about all of that and whether we will ever be able to restore justice to the Department of Justice after Donald Trump is eventually gone...

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Guest: Univ. of Arizona infectious disease epidemiologist Dr. Purnima Madhivanan on AZ's 'crisis mode' surge in COVID cases, state officials' deadly denial since prematurely reopening, and 'believing in science'...
By Brad Friedman on 6/16/2020 7:33pm PT  

On today's BradCast: President Donald Trump and Vice President Mike Pence are ramping up efforts to pretend, lie and try to distract their way out of the coronavirus crisis in advance of their re-election rally in Tulsa, Oklahoma on Saturday. The virus doesn't care. As our guest today notes, "the virus is non-partisan." [Audio link to full, must-listen show is posted below.]

Even as COVID-19 cases are spiking around the country --- including in OK, where new cases surged 68% in the second week of June and where Tulsa's top health official and major newspaper are both begging Trump to call off this Saturday's planned campaign rally --- both men are now lying about both the growth in infections and in hospitalizations since states have begun reopening for business over the past several weeks.

They are both falsely explaining away the rise in confirmed infections in more than a dozen states as due to increased testing. It isn't. What epidemiologists are worried about is the rise in the percentage rate of positives tests, no matter the increase or decrease in the number of tests performed and about rising hospitalization rates, which are the best indicator of the increasing virulence of the pandemic in various parts of the country.

Pence reportedly instructed Governors, during a phone call on Monday, to lie about both matters, stating "the magnitude of increase in testing" explains the rise in positive cases and that increased hospitalizations are only because "people are going back to hospitals and elective surgery." But hospitalizations for elective procedures are decidedly not what infectious disease specialists are worried about, nor are they included in the spiking and often record rates of hospitalizations being seen right now for COVID-19 infections.

As we have been explaining on the show in recent days, as rates rise in Texas and Florida and Arizona (all three hit records for single day increases today) and elsewhere since Governors in those states prematurely reopened and are now seeing skyrocketing rates of illness since doing so, there is still no treatment, no cure, and no vaccine for the coronavirus. Lifting lock-down orders, failing to wear masks, and ignoring social distancing as many have now done, is little different than had we all done so in March and April as the virus first emerged.

In fact, as one of the very conservative COVID models --- one cited by the White House --- was adjusted today to predict more than 200,000 deaths in the U.S. by the first of October, our guest today explains why she believes "we are in a worse situation now" than we were back in March and April.

"We have a lot of infectious people in the community that we didn't have earlier on," notes DR. PURNIMA MADHIVANAN, infectious disease epidemiologist and Associate Professor at the University of Arizona's Zuckerman College of Public Health. "I would say it's Phase 2 in that regard. We have a lot more people who are infectious, who are shedding the virus, than when we had started earlier on."

Describing ICU beds, particularly in Phoenix, at near-capacity rates just one month after reopening, Madhivanan, Director of her school's Global Health Training Program, says the state of Arizona is in "crisis mode. We need to be doing something, like, yesterday." That, as Republican Governor Doug Ducey --- who abruptly announced reopening plans early last month on the same day as a visit to the state by Donald Trump --- continues to downplay the state's worsening predicament, despite a 76% increase in cases since the end of May and records of new cases and hospitalizations being consistently topped in recent days.

Madhivanan tells me she sees the state running out of ICU space within a week. "We have a crisis situation right here in Phoenix. And if [Ducey] were smart, he would close off the borders to Phoenix yesterday." This is not a so-called "second wave," she cautions. "We haven't even peaked with the first wave yet. We are number 42 among all states in terms of testing rates. So we haven't even gotten to the level where we can say our testing rates are good. And we've not even mentioned contact tracing yet. That's practically non-existent, and a huge concern."

It didn't have to be this way, Madhivanan explains, but for Ducey's abrupt reversal in early May. "What we had actually projected and predicted was we would get to the peak around the end of June, if everything had gone the way we had predicted with all the physical distancing in place, stay-at-home orders. But when the stay-at-home orders were not followed through, that peak came much, much earlier, and we are still continuing up on that wave. We have not come down yet."

This is an important, must-listen, detailed conversation which extends well beyond Arizona. I couldn't even begin to adequately summarize it here. We discuss the denialists and claims from mostly non-epidemiologists and ideologists who charge that lock-downs have made the situation worse, asserting that allowing for "herd immunity" to develop would have been a smarter strategy. She details why she strongly disagrees, explaining that it would have taken years and resulted in exponentially more deaths, in the millions, here in the U.S. Madhivanan further says containment, unlike during the SARS crisis of 2003-2004, became impossible "because we have an uncoordinated and poorly managed COVID response" at the federal level.

That means the only option left is shutdowns, mask wearing (which, she argues, makes a huge difference in mitigating spread of the virus), hand-washing and physical distancing. But, she laments, there is now very little, if any, of that being done in her state. Ducey has never mandated masking, for example, even as "masks are our lowest-hanging fruit and one of the most economical interventions. If all of us did it, we can dramatically bring down the number of infections."

She warns things are going to get much worse before they get better anytime soon. "If we had used the period of the shutdown to put comprehensive testing and tracing protocols in place, this investment would have paid off in the long run. But we failed to do that. So we only delayed the day of reckoning for us."

"At some point people need to start believing in science, is all I can say. We have the data, we have the evidence, and the science is pretty clear about this. We were not ready and we should not have opened," Madhivanan insists.

Finally, after a bit more news on the 28 states in the U.S. where infection rates are decidedly NOT falling, no matter how hard the Administration and his supporters are still trying to pretend it all away, we've got a bit of breaking news that came just before air time on Donald Trump hoping to sue John Bolton's upcoming new book away.

Then, Desi Doyen joins us for the latest Green News Report. That, of course, as usual, includes nothing but lots of much-needed sunshine and flowers! (Hey, if Trump and Pence can lie about absolutely everything, we can too, right?)

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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