The new Twin Peaks (which is excellent, by the way!) may be less surreal than the latest goings on inside our current White House. On today's BradCast, the latest news on the ever unfolding investigations into Team Trump and on his overseas trip (stories Trump already managed to conflate today), along with big election-related news from the U.S. Supreme Court and a quick preview of this week's upcoming U.S. House special election in the state of Montana. [Audio link to show is posted below.]

Today, before we get to the latest in the David Lynchian tales of President Trump, two new and important election-related rulings by the U.S. Supreme Court. One, being described by UC Irvine Election professor Rick Hasen as a very "big deal" and "a major victory for voting rights plaintiffs" deals with racial and partisan gerrymandering in North Carolina, with ramifications for a number of other similar Republican gerrymanders in several states. The other is a victory for campaign finance restrictions. Both cases feature surprising alliances between Republican and Democratic-appointed Justices following last month's confirmation of Neal Gorsich to fill the vacant seat stolen by Republicans after the death of Justice Anton Scalia.

And, speaking of elections, we also preview the U.S. House Special Election set to take place in Montana this Thursday, as populist first-time candidate and popular folk singer Rob Quist barnstormed the state over the weekend with Bernie Sanders. Republican establishment candidate Greg Gianforte is said to have a small lead in pre-election polls, despite being recently caught on tape supporting the GOP health care bill while seeking money from wealthy lobbyists, even while telling voters on the stump he hadn't made up his mind about it yet. In addition to providing a bellwether for the 2018 elections, it may also serve to shake up the current, very serious divide within the Democratic Party itself, depending on how the results shake out this week. That divide has been somewhat obscured by the madness of the Trump White House, but the bitter split between Bernie and Hillary partisans is still very much creating a rift among progressives and Democrats.

Then, we're joined by the great Heather Digby Parton of Salon.com and the Hullabaloo blog to try and make sense of ALL of the latest in the increasingly surreal Trump Administration investigations, and the ongoing troubles Trump ("the clear and present danger"), his former National Security Adviser Michael Flynn ("something wrong with him"), his Vice President Mike Pence ("Involved up to his eyeballs"), and many others. In addition to all of that and whether or not it may be heading towards impeachment, Parton also shares thoughts on Trump's overlooked recently reported threat to lock up journalists (reminding us that AG Jeff Sessions is "by far the most dangerous, malevolent person in the Administration") and offers insight on a number of late-breaking stories related to all of the above, including: Flynn, reportedly, now taking the 5th to avoid self-incrimination in response to Senate Intelligence Committee subpoenas; Trump digging himself deeper in Tel Aviv during his 9-day jaunt overseas; and now he may have even have lost a few of his own supporters following his speech on Islam in Riyadh, Saudi Arabia.

If you watched the new Twin Peaks over the weekend, as I did (the first two hours all year that I haven't thought about Trump, frankly!), what's going on in this Administration is even more difficult to make sense of right now, believe it or not. So, enjoy!...

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Article Categories: Election Reform, North Carolina, BRAD BLOG Media Appearance, Journalist Intimidation, Impeachment, Montana, Accountability, U.S. House, FBI, U.S. Senate, Democrats, Republicans, U.S. Supreme Court, Jeff Sessions, Israel, Turkey, Clarence Thomas, KPFK, Donald Trump, Voting Rights Act, Russia, BradCast, Saudi Arabia, Mike Pence, Michael Flynn, Neil Gorsuch, Rob Quist, Donald McGahn, Elena Kagan, Gerrymandering/Redistricting

So who is the "nut job" here? On today's BradCast, Trump appears to have dug himself even deeper into the Obstruction of Justice mire and, speaking of "justice", Attorney General Jeff Sessions rolls back bi-partisan gains on criminal justice reform made during the Obama Era. [Audio link for show follows below.]

A new report today from the New York Times alleges that, during his Oval Office meeting with the Russian Foreign Minister and Ambassador last week, the day after he'd fired James Comey, President Trump described the former FBI Director as "crazy" and a "real nut job". He reportedly explained that he'd been under "great pressure because of Russia," but that pressure had been lifted due to his firing. If accurate, the new report, said to have been based on documentation of the meeting from the White House itself, could serve as more evidence of Obstruction of Justice by the President, who has now departed for a nine day overseas trip.

Foreign diplomats are reportedly making special preparations to deal with Trump in the Middle East and Europe, including plans to compliment him on his Electoral College win, and by keeping presentations short enough for his, um, limited attention span.

But lost among the sturm und drang over the Comey firing and related dramas over the past week or more is the fact that Trump's executive agencies, such as the EPA, the Department of Interior and Department of Justice, are all moving ahead with some pretty troubling policies. Among them, Attorney General Jeff Sessions' harsh new guidelines requiring federal prosecutors to charge defendants with the "most serious" crimes possible in order to, among other things, force judges to impose mandatory minimum sentencing. This comes even while the U.S. has less than 5% of the world's population, but nearly one quarter of its prisoners.

The new Trump Administration policies, rolling back progressive Obama Era reforms, are being enacted despite decades of plummeting crime rates and broad bi-partisan efforts for criminal justice reform, both at the state and federal levels, according to my guest today, former New York Asst. District Attorney Ames Grawert, now counsel at the Justice Program for NYU's Brennan Center.

Grawert, co-author of the new report, A Federal Agenda to Reduce Mass Incarceration, speaks to the Trump/Sessions claims that crime is rampant and ravaging the nation, despite all evidence to the contrary. "Fear sells," he tells me. "He [Trump] and Sessions need something to convince people that there's a need to embrace these draconian blast-from-the-past policies on mandatory minimums."

About those policies, Grawert laments, "Whether you come to it as a conservative from a moral angle, a religious angle, or simply a budgetary common sense angle, there's a lot of Republicans who are willing to say that criminal justice reform is an imperative for the country. It's shocking that Sessions [when he served as U.S. Senator, blocking a bi-partisan reform bill] was not one of them."

Obama's Deputy Attorney General Sally Yates (yes, that Sally Yates), had issued a memorandum last year instructing federal prisons to end contracts with private prison corporations for a number of reasons supported by both Republicans and Democrats. "Sessions rescinded that very early in his tenure," Grawert notes, "with an ominous declaration that it was needed to meet the quote 'future needs of the federal correctional system.'"

"The problem is that when you have mandatory minimums like these, and when you have an order like the one Sessions just put out last week preventing prosecutors from deciding how they are going to charge a case, it takes a lot of the discretion out of the hands of prosecutors. So, rather than making sure that they, who know the case best of all, are able to help the judge fit the punishment to the crime, you have prosecutors with their hands tied, required to seek a draconian sentence that they, themselves, and that judges also may not feel is actually called for."

"The one thing we learned from the last thirty years or so, is that the federal government's power of the purse, and the tone set in Washington, they carry a lot of weight at the state level," he tells me. "So if you have an attorney general saying, look, we need to send more people to jail for longer, you shouldn't think for a minute that people in states, people running for D.A., people running for governor's house, won't listen to that and take their cues from that."

Please listen to the full show with much more on all of the above right here...

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Article Categories: BRAD BLOG Media Appearance, North Korea, Accountability, Louisiana, Dept. of Justice, FBI, Barack Obama, Jeff Sessions, EPA, KPFK, Donald Trump, Rand Paul, Russia, Prison Industrial Complex, China, James Comey, BradCast, Saudi Arabia, Marijuana, Dept. of Interior, Sally Yates

On today's BradCast, we do our best to surf today's news tsunami, with a focus on a few troubling and under-appreciated stories amid the political flood pouring out of Washington and around the world in the wake of the DoJ's appointment of Special Counsel Robert Mueller.

Among the huge number of quickly moving and/or under-covered stories pieced together on today's show...

• CA Assembly bill calls for Donald Trump's impeachment;
• U.S. launches new airstrike on Syrian forces (despite Congressional failure to authorize attacks on a sovereign nation, which could result in war with Russia);
• Michael Flynn blocked President Obama's planned offensive against ISIS, which was opposed by Flynn's secret client Turkey;
• Trump Team was told of FBI investigation of Flynn long before inauguration;
• VP Mike Pence, head of Trump Transition, still claims he knew nothing about Flynn's ties to foreign nations;
• Suspicion grows over Team Trump attorney, White House counsel Don McGahn;
• Senate Intel Chair offers two different stories on Flynn subpoenas;
• House Oversight Chair announces he's quitting Congress next month;
• Mueller's appointment receives mostly bipartisan support, as....;
• ...White House turns 'chaotically dark', cancels Kellyanne Conway appearance on Fox 'News', before...
• Trump turns against appointment of Mueller to describe it as 'unprecedented witch hunt', which 'divides the country', even as he begins to separate himself from 'Russia collusion' and prepares to throw campaign team under the bus;
• Finally, Desi Doyen joins us for the latest Green News Report with, among other things, a citizen call to action to save National Monuments set for possible repeal by the Trump Administration...

I wish our countries had "scandals" like this one instead...

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Article Categories: California, BRAD BLOG Media Appearance, Virginia, Impeachment, Accountability, U.S. House, Dept. of Justice, FBI, U.S. Senate, Turkey, EPA, KPFK, Donald Trump, Russia, China, James Comey, BradCast, India, Jason Chaffetz, Paris Agreement, Mike Pence, Dept. of Interior, Richard Burr, Michael Flynn, Scott Pruitt, Public lands, Sally Yates, Rod Rosenstein, Donald McGahn, Robert Mueller, Trey Gowdy

On today's BradCast, yes, like yesterday, more huge breaking news mid-show. [Audio link follows below.]

But before we get to that, today, controversial, extremist and, perhaps, insane Milwaukee Sheriff David C. Clarke claimed today that he has been appointed to a position in Donald Trump's Dept. of Homeland Security. If true, his appointment would be disturbing. Not only given the number of people who have died in his jail cells, but also because he has, literally, called for about a million people in the U.S. to be rounded up and shipped off to Gitmo, indefinitely, without attorney or trial. Really.

Then, the fallout from yesterday's huge mid-show breaking news concerning the report that, in February, Donald Trump asked then FBI Director James Comey to end the Bureau's investigation of Trump's former National Security Adviser Michael Flynn. Republicans, both last night and today on Capitol Hill, are having trouble grappling with and/or responding to the news, though at least one GOP Senator, John McCain, compared what's now going on to Watergate. And committees in both the House and Senate have now asked to see the Comey memos said to document his private meetings with Trump.

And, along with all of that, the phrase "Obstruction of Justice" is being heard more and more regarding Trump's apparent efforts to shut down the FBI's probe into his campaign associates alleged coordination with Russia during the 2016 Presidential election. So, we are joined today by former Asst. U.S. Attorney, now Professor Randall D. Eliason of George Washington University Law School to discuss what "Obstruction of Justice" actually means, in both the criminal sense (as it might apply in an indictment) and in the political sense (as it might apply in Articles of Impeachment) Eliason recently discussed both applications in a lengthy article at his Sidebars Blog.

"The important thing," he tells me today, "is to distinguish between Obstruction of Justice in the broader sense --- the way the term gets thrown around a lot --- and the more narrow criminal sense of an actual criminal violation that fits the Obstruction of Justice statutes. That's a much higher standard to prove beyond a reasonable doubt, all of the elements of an actual crime, as opposed to a more general claim that the President is kind of violating all these norms and rules and traditions that we have about not interfering with ongoing investigation, appearing to pressure the FBI Director, things like that."

The key issue, Eliason explains, is whether there was "corrupt intent" in the many different incidents that now appear as Trump's obstruction. "It's not enough if the President does something that just has the effect of hurting the investigation, as a kind of side effect. The prosecutor would have to show that was what he set out to do --- he had the wrongful and deliberate intent to try to thwart, in [the Flynn] case, the ongoing grand jury investigation."

As to the use of Obstruction of Justice as used in Articles of Impeachment against a President, there is a different standard, which Eliason also explains. We discuss the cases (and defenses) being built for both types of obstruction, whether a sitting President can actually be indicted on criminal charges, and also the meaning of another phrase being bandied about of late: "abuse of power".

In the course of the conversation we also discuss the likelihood of impeachment and the potential application of the 25th Amendment remedy as a way to remove Trump from power and the need for a Special Counsel to be named by the Dept. of Justice.

No sooner do we complete that conversation, than the huge news breaks late today that, indeed, former FBI Director Robert Mueller has been named by Deputy AG Rod Rosenstein as Special Counsel to take over the the FBI's probe into "any links and/or coordination between the Russian government and individuals associated with the campaign of President Donald Trump"...

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Article Categories: Fox 'News', BRAD BLOG Media Appearance, Rights And Freedoms, U.S. Constitution, Accountability, U.S. House, Dept. of Justice, FBI, U.S. Senate, John McCain, Guantanamo Bay, Democrats, Republicans, Richard Nixon, Jeff Sessions, KPFK, Donald Trump, Russia, Election 2016, James Comey, BradCast, Jason Chaffetz, Richard Burr, Michael Flynn, Rod Rosenstein, David A. Clarke, Robert Mueller

On today's BradCast: Coverage of the two (yes, two) most recent (yes, most recent) blockbuster reports regarding the President, as leaked out of the Oval Office. [Audio link to show follows below.]

First up today: Washington Post's explosive report from late yesterday detailing Donald Trump's alleged (and all but confirmed by Trump himself) sharing of highly classified information (reportedly now from Israel) during his recent meeting in the Oval Office with Russian Foreign Minister Lavrov and Ambassador Kislyiak. The White House, largely via National Security Adviser H.R. McMaster, strongly denies any wrong doing.

We're joined to discuss that and what we know and don't about it all, by Elizabeth Goitein, co-director of the Liberty and National Security Program at NYU's Brennan Center for Justice. And, unlike those who are reporting that Trump broke no laws in his alleged disclosure of sensitive information regarding ISIS, Goitein argues the case is not so clear cut.

Classification and declassification of sensitive information is spelled out by Executive Order of the President. "The existing Executive Order was written by President Obama. It is still in force unless or until Trump revokes it or replaces it," Goitein explains. "But President Obama himself would not have been bound by his own Executive Order. President Trump is not bound by that Executive Order. I think it's problematic that Presidents are not bound by their own Executive Orders. Or, I should say, it's problematic they can secretly depart from those orders. Ideally we would have a classification Executive Order that says what the President can do, even if it's just 'The President is exempt from all of these rules.'"

However, Goitein suggests that even a President could face legal exposure via the Espionage Act of 1917.

"The Executive Order is not the only law that is at play here," she tells me. "Congress has also stepped in on various occasions, to regulate the disclosure of national security information. And there are several statutes in which Congress has done that. The statute that seems most relevant here is the Espionage Act. And this is the law that President Obama infamously used to prosecute national security whistle-blowers and others who leaked information to the media, rather than actual spies and traitors, which is whom the law was designed to address. But this law, on its face, prohibits the communication of information related to the national defense --- whether that information is classified or not --- to anyone not entitled to receive it, if there's reason to believe it could be used either to harm the United States or to aid a foreign nation. So on it's face, that statute would certainly seem to apply."

I discuss that and much more with Goitein about this entire fine mess today. It's worth tuning in for that alone. But then...

Breaking hard mid-show today: The New York Times' perhaps even more explosive report detailing a memo written by then FBI Director James Comey describing his February one-on-one meeting with the President in the Oval Office, in which Comey reportedly charges that Trump requested he drop the Bureau's ongoing investigation into former National Security Adviser Michael Flynn. "I hope you can let this go," Trump said to Comey, according to the Times, in an account also vigorously denied by the White House, but which, if true, would amount to a very serious case of Obstruction of Justice by the President of the United States.

If only there was a taping system of some kind in the Oval Office so we could figure out who's telling the truth.

Finally today, after disembarking from that insane news roller coaster, if only for the moment, we finish up today with Desi Doyen and our latest Green News Report, because the planet doesn't really give a damn about either national security or politics...

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Article Categories: North Carolina, Washington Post, BRAD BLOG Media Appearance, War On Terror, National Security, Whistleblowers, New York, New York Times, Impeachment, Accountability, Environment, FBI, Israel, KPFK, Donald Trump, Russia, Wind energy, Climate change, James Comey, BradCast, Norway, Mike Pence, Hurricane Matthew, Michael Flynn, H.R. McMaster

On today's BradCast: Our friend David Roberts of Vox.com on making sense of Donald Trump's seemingly senseless decision making process --- and, somehow, learning to live with it and/or contain the damage. [Audio link to show follows below.]

But, first up today, some good news! The U.S. Supreme Court has declined to hear North Carolina Republicans' appeal of the U.S. 4th Circuit Appeals Court ruling last year striking down what many have describes as the "Mother of All Voter Suppression" laws. The appellate court had found that state Republicans included provisions in the law that were intentionally discriminatory in that they were drafted in order to "target African-Americans with almost surgical precision".

But while that law was blocked last year in NC and will now remain blocked for the foreseeable future there, a similarly discriminatory Photo ID voting restriction was allowed to be used in Wisconsin last year, where Trump is said to have won by just 22,000 votes despite some 300,000 voters in the Badger State --- disproportionately African-American, poor, elderly and students --- who do not have the type of ID now required to vote under the GOP's restriction.

Last week, we detailed a new analysis of the affect of that law on the Presidential election results in WI last year, finding that some 200,000 otherwise legal voters may have been prevented from casting their vote. Today, we detail some of the specific voters who were prevented from voting last November, because of the discriminatory law, including, as AP reports: "The Navy veteran whose out-of-state driver’s license did not suffice, or the dying woman whose license had expired, or the recent graduate whose student ID was deficient", among others.

Then, we're joined by Vox' Roberts who, late last week, published a Tweetstorm in response to Donald Trump's firing of FBI Director James Comey, in which he attempted to explain why it's so difficult, if not impossible, for journalists, politicians and the public to make sense of the President's decision making process. That is largely, Roberts detailed in his Tweetstorm and in a follow-up article at Vox and to me today, because Trump doesn't have any such process --- at least beyond what feels good at the moment he makes the decision based largely on whatever the last person he talked to told him about the issue.

Roberts' assessment, which cites psychological conditions such as Narcissistic Personality Disorder and something called "Theory of Mind", actually helps to illuminate the reasons for Trump's otherwise, seemingly, reason-free process.

"There's clearly something wrong with the dude," says Roberts. "From all indications he just doesn't have those beliefs and commitments that carry over from situation to situation. By all indications on the surface, what he's doing is: every situation is new. He gropes around for what makes him feel powerful or in charge, and then sort of lunges at that, with no thought of commitments that came before, or consequences that might come after, or how it relates to other things he's said, or other people he's committed to, or anything really!"

"I compare it to a goldfish. Every situation is new. Every day is new. And he's just this sort of bundle of impulses." But while that, Roberts explains, makes Trump so difficult to cover from a journalistic standpoint, or to understand from a political or voter's perspective, it's also what makes him exceedingly dangerous. "Imagine if there's a viral outbreak, or imagine if North Korea really tries to provoke him. Even his allies --- even the people in his administration --- have to be thinking 'Do I know what he's going to do in that situation?'"

While many try to explain Trump's decisions as some grand design, or even as an attempt to distract from one issue or another, Roberts argues it's usually far simpler (and more troubling) than that. He also speaks to what we --- journalists, politicians and citizens --- can all do now in hopes of minimizing the damage that he will be able to cause until he finally leaves office one way or another...

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Article Categories: North Carolina, Indiana, BRAD BLOG Media Appearance, National Security, Wisconsin, North Korea, Photo ID Laws, Mainstream Media Failure, Accountability, Voter Registration, Vote Caging/Intimidation/Suppression, U.S. Supreme Court, KPFK, Donald Trump, Voting Rights Act, Climate change, BradCast, Paris Agreement, Mike Pence, Ivanka Trump

On today's BradCast: The story of Donald Trump's firing of FBI Director James Comey turns even more bizarre and takes a decidedly thuggish turn (don't worry, your President is 'not a crook') and Vice President Mike Pence gets tapped to head Trump's new "voter fraud" commission, despite his own (much overlooked) record of stoking false GOP allegations of "voter fraud" and helping to shut down a major registration drive in his home state, just before last year's Presidential election, while campaigning for Veep and serving as Governor of Indiana.

First, the Trump/Comey affair turns more insane and Godfather-like by the hour...or Nixon-like, if you prefer, now that Trump has hinted there may be audio recordings of his private conversation with the now-former FBI Director. We bring you up to date on the latest madness and lies on that quickly moving soap opera, which continues to tie the White House into knots.

We then turn to the Executive Order signed this week by the President amidst all the Comey fallout, which creates a new sham commission, by fiat, to examine Trump's false claims that as many as five million votes were illegally cast in the 2016 election. The so-called "Election Integrity Commission" --- which, according to the Order, is to look at only voter and voter registration fraud, rather than voter suppression, which is a far more extensive problem or concerns about the vulnerability of vote casting and counting systems --- is to be headed up by Vice President Mike Pence and Kansas' notorious vote-suppressing Secretary of State Kris Kobach.

While many may be familiar, by now, with Kobach's years-long storied history of fraudulent 'voter fraud' claims, many are likely unaware of Pence's efforts last year during the campaign, while serving as Indiana's Governor, to suppress a major voter registration drive targeting African-Americans in Indiana, with false claims of "voter fraud" and the outrageously heavy-handed use of his State Police force.

On today's show, we detail how the offices of the Indiana Voter Registration Project were raided and shut down, with computers, cell phones and paperwork confiscated by Pence's cops, just days before the state's October 11, 2016 voter registration deadline. The effort (also aided and abetted by the state's Republican Sec. of State Connie Lawson, who is also set to serve on Trump's phony commission), served to shut down the major registration drive by a Democratic-leaning organization and resulted in the Marion County Prosecutor demanding an end to misleading and suppressing public statements from Superintendent of the State Police. It did not, however, despite claims of "thousands" of fraudulent forms, result in any arrests, and it was all quickly forgotten, as usual, after Election Day. In all, some 50,000 valid registrations may have been scuttled in the Hoosier State, thanks to the false claims of forged and fraudulent registration forms across dozens of counties in what Pence described to brain-addled supporters on the campaign trail as a "vigorous investigation into voter fraud".

Finally today: The White House lies about the number of new manufacturing and coal jobs created last month and North Carolina receives just 1% of their requested funding for Hurricane Matthew relief from Congress and the President...

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Article Categories: Election Irregularities, Election Reform, North Carolina, Indiana, BRAD BLOG Media Appearance, Election Fraud, Rights And Freedoms, Photo ID Laws, Accountability, Voter Registration, Vote Caging/Intimidation/Suppression, Republicans, ACORN, Richard Nixon, KPFK, Donald Trump, Coal, Election 2016, NVRA, Kris Kobach, BradCast, India, Mike Pence, Roy Cooper, Hurricane Matthew

On today's BradCast, the fallout from the James Comey firing swirl further out of control, as I suspect it will for quite some time, while other disturbing Administration policies move forward with much less focus from either media or Congress. One such policy is Trump's recent Executive Order calling for the dismantling of National Monuments --- "public land grabs" and "outrageous abuses of power", as he has taken to incorrectly describing them --- on behalf of corporate drilling and mining interests. [Audio link to show follows below.]

The madness of King Donald continues to devolve at now breakneck speeds, as the White House and an increasingly enraged Trump continue their unsustainable spinning, flip-flopping and nonsensical rants concerning the President's sudden firing of the FBI Director earlier this week under an obviously phony pretext. The need to create fresh lies to cover up older ones is also creating fresh perils for those foolish enough to enter Trump's orbit, like Deputy Attorney General Rod Rosenstein. So, we've got the latest on all of that, including an interesting suggestion for Comey's permanent replacement, a bit of pushback from his Acting replacement, and some ill-considered admissions about the entire affair by Trump himself.

Meanwhile, as Trump keeps digging, and the media and Congress continue (justifiably) to obsess about and investigate it all, the Administration's other corrupt policy measures move forward with measurably less attention. Among those efforts is the unprecedented attempt to roll back National Monument designations by the three previous Presidents, including the Obama-designated Bears Ears National Monument in southern Utah.

In response to an Executive Order signed in April, U.S. Interior Secretary Ryan Zinke is touring the area this week, where more than 1 million acres of land that is sacred to Native Americans and home to tens of thousands of archaeological sites, including ancient cliff dwellings, are now being reviewed on behalf of Trump, Congressional Republicans and corporate fossil fuel interests.

Joining us today to describe the local, tribal efforts to protect these native public lands --- and the Utah Congressional delegation's efforts to undermine them (literally) --- are Carleton Bowekaty, a Zuni Tribal councilman and co-chair of the Bears Ears Inter-Tribal Coalition, and Matthew Campbell, attorney with the Native American Rights Fund.

They both explain the reasons why the Antiquities Act of 1906 was invoked by President Obama to protect the lands; speak to some recent "extremely offensive" comments by Sen. Orrin Hatch (R-UT); and the absurdity of Trump describing these designation of federal lands as national monuments as "federal land grabs".

Finally today, Desi Doyen joins us for the Green News Report, with news on the Administration's deliberations regarding the landmark UN Paris Climate Agreement, the latest on the nuclear emergency in Washington state, and much more...

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Article Categories: Utah, BRAD BLOG Media Appearance, Rights And Freedoms, Accountability, Dept. of Justice, FBI, Barack Obama, Washington State, KPFK, Donald Trump, Natural gas, Coal, Nuclear power/weapons, Oil, James Comey, BradCast, Oceans/Sea Level Rise, Mining, Merrick Garland, Native Americans, Orrin Hatch, Dept. of Interior, Lester Holt, Public lands, Amy Klobuchar, Ryan Zinke, Rod Rosenstein, Mike Lee

On today's BradCast, as you might have guessed, we pick up on the news that broke mid-show yesterday of Donald Trump's stunning and sudden firing of FBI Director James Comey, while the fallout and reeling continues in D.C. and across the nation today. [Audio link to show follows below.]

The pretext for that firing, which even some on Fox "News" describe as "almost inexplicable", was Comey's alleged mishandling last year of the Bureau's investigation into Hillary Clinton's use of a private email server while Sec. of State, according to a letter [PDF] written by new Deputy Attorney General Rod Rosenstein.

A handful of Republican Senators (though some key ones) have expressed concern or "disappointment" over "the timing" of Trump's unprecedented firing of the FBI chief, which appears to have caught just about everybody by surprise, even as investigations continue at both the FBI and Congress into Trump and members of his campaign regarding allegations of undeclared ties to Russia and/or other foreign nations both during the campaign and after the election.

Democrats, meanwhile, are outraged by Comey's firing, despite their furor about the way he oversaw the Clinton probe last year during the run-up to the Presidential election. They are calling for a special prosecutor to be named by Rosenstein at the DoJ and an independent bi-partisan special committee to be named by Congress to investigate all of this. Many are comparing Trump's dismissal of Comey to Nixon's "Saturday Night Massacre" at the height of the Watergate investigation, others describing it as "a grotesque abuse of power by the President", while some Congressional Democrats are citing this moment as "a full-blown Constitutional crisis."

Joining us today to try and explain what is or isn't going on here, and whether it amounts to such a Constitutional crisis, full-blown or otherwise, is author and Constitutional law expert Ian Millhiser of ThinkProgress Justice. He explains the legitimate complaints against Comey, while making the case that his firing was little more than an effort by Trump to disrupt the FBI's ongoing Russia probe.

"What is the emotion you're supposed to feel when the biggest villain in the United States fires the second biggest villain in the United States?," Millhiser wryly asks, before detailing the legal underpinnings for Trump's move, whether any of it is in violation of the law or the U.S. Constitution, and whether Rosenstein or his new boss, Attorney General Jeff Sessions, acted inappropriately in collusion with Trump and the White House.

"The story of the last nine years of American politics," he goes on to explain, "has been that people like Trump, and Jeff Sessions, and James Comey, and Mitch McConnell --- maybe I shouldn't lump Comey in with them because I don't know that he was necessarily acting in bad faith in the way that some of the other ones are --- but people have figured out that we don't have a system of rules that prevents you from doing a lot to blow stuff up, and that prevents you from engaging in a lot of sabotage. What we have are norms that people just didn't violate because they cared enough about the United States of America not to do so."

Those days, Millhiser argues today, appear to be over --- at least as of right now --- in these United States.

Finally, we close with a tiny bit of good news today --- thanks, in part, to the surprising vote of at least one Republican Senator --- regarding the GOP's continuing attempt to roll back Obama Administration fossil fuel-related regulations on public lands...

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Article Categories: Fox 'News', CNN, BRAD BLOG Media Appearance, Rights And Freedoms, U.S. Constitution, Impeachment, Accountability, U.S. House, Dept. of Justice, Hillary Clinton, FBI, U.S. Senate, Barack Obama, John McCain, Democrats, Republicans, Richard Nixon, Jeff Sessions, KPFK, Donald Trump, Russia, Climate change, Election 2016, Marco Rubio, James Comey, BradCast, Barbara Lee, Richard Burr, Public lands, Richard Blumenthal, Rod Rosenstein

On today's BradCast: The stunning breaking news that FBI Director James Comey has been fired by Donald Trump hits smack dab in the middle of today's show.

Other than that, we also cover a whole bunch of other noteworthy stuff today, including...

• South Korea elects liberal candidate who wants to open relations with North Korea as new President, Donald Trump about to get very confused;
• Trump Campaign scrubs own website amid federal court hearing on 'unconstitutional' Muslim travel ban;
• Sally Yates makes mincemeat of both hypocritical U.S. Senators from Texas during her Monday Senate testimony;
• Vulnerable Rep. Rod Blum (R-IA) walks out of interview in a huff after being asked perfectly reasonable question;
• New study finds GOP Photo ID voting restriction laws suppressed huge number of voters in 2016, including some 200,000 in Wisconsin (which Trump reportedly won by 22,700 votes);
• Illinois Senate calls Republican Governor's bluff, advances bi-partisan bill for automatic voter registration;
• Desi Doyen joins us for the latest Green News Report as France votes for climate action and climate change-fueled extreme weather turns deadly in Midwest and South East.

Oh, and did I mention Donald Trump suddenly fired FBI Director James Comey today?!!...

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Article Categories: Florida, Election Reform, Illinois, Georgia, Iowa, BRAD BLOG Media Appearance, Wisconsin, North Korea, Photo ID Laws, Accountability, Dept. of Justice, Hillary Clinton, FBI, France, Voter Registration, South Carolina, Immigration, Health Care, Democrats, Republicans, John Cornyn, KPFK, Donald Trump, Scott Walker, Climate change, Extreme weather, Election 2016, James Comey, Ted Cruz, BradCast, Religion, Race, Sally Yates, Rod Blum

On today's BradCast: A new technical analysis of the root causes of the Election Night tabulation disaster that halted counting during the U.S. House primary special election in Georgia's 6th Congressional District last month finds several "critical security flaws" in the computerized tabulation system that, the reports authors find, could affect both the highly contested upcoming June run-off, as well as other elections across Georgia and the rest of the nation. [Audio link to complete show posted at bottom of article.]

But, first today: Former Acting Attorney General Sally Yates finally testified in the U.S. Senate on Monday about the concerns she relayed to White House legal counsel shortly after the January inauguration, that then National Security Advisor Michael Flynn had lied about his conversations with a Russian diplomat and had, therefore, opened himself up to compromise and blackmail. We cover some of her Congressional testimony today, which was still ongoing at airtime.

In the meantime, voters who might wish to respond at the voting booth to the many concerns about the Trump Administration continue to face new obstacles placed in their way by new Republican enacted restrictions on voting. Another example comes out of Iowa, where, on Friday, the Governor signed a bill to require one of a small number of government-issued Photo IDs at the polling place, despite any evidence that such a restriction would have prevented any voter fraud in the Hawkeye State.

But even voters who are able to cast a vote continue to have legitimate concerns as to whether their votes are counted as cast. That's certainly the case in states like Georgia, which still forces voters to vote on 100% unverifiable touch-screen systems. On today's BradCast, Garland Favorito, co-founder of the non-partisan election integrity organization VoterGA, joins us to discuss his group's disturbing new preliminary Root Cause Analysis [PDF], published late last week, finding "critical security flaws" at the heart of the computer tabulation disaster that occurred on Election Night in Fulton County during last month's U.S. House Special Election primary in Georgia's 6th Congressional District.

Favorito, a long time career IT professional, explains the group's finding of a number of serious flaws, and his response to the state's Republican Sec. of State Brian Kemp who dismissed the problem, which halted vote counting for several hours on April 18th, as little more than "human error". Favorito also notes that, despite Kemp's promise of an investigation into the matter, public records requests have revealed that nobody has been assigned to carry out the probe as of last week when VoterGA issued their report.

Favorito explains that a memory card --- with results from a completely different election --- were allowed to be uploaded to the GA-06 contest on Election Night, and that the GEMS computer tabulation system (used across the state, but also used in hundreds of counties in other states as well, even on paper ballot optical-scan systems) failed to prevent the invalid data from being sent to the central tabulator.

"The system should have caught that," he tells me. "We found that to be almost amazing and we would consider those to be absolutely critical software flaws, that there was no validation" either at the remote location where results were uploaded, or at the main database server when they were received at county headquarters. "So, basically, that scenario could play itself out again almost any time." The real concern, he adds: "a bad guy could in fact legitimately change the results of an election through fraud" via these newly discovered security flaws.

When I asked Favorito whether I am right to characterize the state's Diebold touch-screen systems as "100% unverifiable," Favorito says: "You're 100% plus accurate. They are unverifiable. There is no way to detect whether or not fraud really occurred. We do not have verifiable elections in Georgia."

In hopes of avoiding another disaster, VoterGA is calling on voters to request absentee paper ballots for the much anticipated and hotly contested June 20th runoff election between Democratic candidate Jon Ossoff and his Republican opponent Karen Handel, the state's former Sec. of State, in what has already "smashed" the all-time record for the most money ever spent to win a single U.S. House election.

"You could actually conduct this race on Election Night and report the results, by paper, by hand [counting], faster than you could lugging all those expensive unverifiable machines to all the different precincts, and then going through the same upload process again just for this one race. It would be faster and cheaper. That's the irony of the whole situation," he says.

Favorito also explains what, if any, evidence of fraud was uncovered by the VoterGA analysis; SoS Kemp's failure to even respond to computer scientists and e-voting experts at Verified Voting who called for paper ballots in GA following a "massive data breach" in March at Kennesaw State University's Center for Elections, which is contracted to program all of the state's voting systems and electronic poll books; and some of the past election disasters in Georgia, such as a 2005 local tax referendum, with billions of dollars of taxes at stake in Cobb County, when hundreds of "blank" touch-screen ballots were reported in the results, despite the measure being the only item on the ballot during that special election. ("Why would voters take the time to drive to the polls, stand in line --- because it was a pretty hot issue --- sign in, go up into the voting booth, put their card in, and then decide not to cast their ballot after they got in there? That's just hard to believe. In fact, It's just unbelievable," Favorito insists.)

There's much more in today's, frankly, alarming conversation which should be of concern not just to voters of all political stripes in GA, but all across the country, given these latest findings revealing, yet again, that electronically tabulated results can be corrupted or manipulated in a way that would be virtually impossible for election officials, much less the public, to ever detect. Little wonder the latest Electoral Integrity Project report out today from Harvard and the University of Sydney, rate U.S. elections, once again, as the "worst among western democracies"...

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Article Categories: Diebold/Premier, Election Irregularities, Election Reform, Georgia, Iowa, BRAD BLOG Media Appearance, Election Fraud, National Security, Paper Ballots Legislation, Touch-Screen DREs/BMDs, Photo ID Laws, Voter Registration, Democrats, Republicans, Election 2005, Vote-by-Mail, KPFK, Donald Trump, Russia, BradCast, Michael Flynn, Election 2018, Sally Yates, Election 2017, Jon Ossoff, Karen Handel

On today's BradCast, the new election chief in Maricopa County (Phoenix), AZ has discovered tens of thousands of voter registration forms from citizens who, he says, are otherwise eligible to vote, but were never added to the voting rolls by his predecessor, due to what he describes as an unconstitutional or, at least, immoral state statute. [Audio link to show follows below.]

Democrats seem quite giddy (with good reason) about their chances of re-taking the U.S. House next year following Thursday's passage of the wildly unpopular Republican bill to replace ObamaCare. But their voters will have to be able to actually cast a vote next year --- and have their votes counted as cast --- in order for Democrats to have any chance of regaining a majority in Congress.

On that note, we are joined on today's show by Maricopa's brand new County Recorder Adrian Fontes. Last November, the Democratic former prosecutor unseated Pheonix' previous election chief, Republican Helen Purcell, who had served in the post unopposed for 30 years. He was inspired to run following the disastrous Presidential Primary in Maricopa last year, when hundreds of precincts were shut down and many voters were forced to wait for hours to cast a vote in the Sanders/Clinton primary.

Since taking office, Fontes has discovered tens of thousands of voter registration forms, going as far back as a decade, stored in dusty boxes in a county warehouse. The forms, he explains, were never entered in to the voter database, since the applicants failed to include proof of citizenship, as required by Prop 200, a 2004 ballot initiative that is now Arizona law.

Fontes explains that he is now attempting to confirm the citizenship of the would-be voters himself, by checking their status as already tracked by the state's Motor Vehicle Division (MVD) database. "We had a policy in this office that uses what I consider to be a mis-read of state law," he tells me. "The read that was happening says that the County Recorder is to reject the form. My read is, if you've already proven to the State of Arizona that you're a citizen, then you should be allowed to vote."

Critics, specifically Republican critics, charge that Fontes, a U.S. Marine who formerly worked as a prosecutor in both the County Attorney's office as well as for the Arizona Attorney General, is not shy in countering those critics. "Why in the world would anyone not want me to go check with the MVD and say 'lo and behold, the Motor Vehicle Division of the State of Arizona has on file a document proving that this person is a citizen. I will therefore register you to vote!' Why would anybody oppose that?"

Making matters worse or more "ironic" or "laughable", as Fontes describes it, because the federal voter registration form has no instructions for attesting to citizenship status, state guidance requires him to check with the MVD himself to confirm citizenship status for those voters. But if the very same person were to have used a state voter registration form and forgot to fill in their drivers license number or provide other proof of citizenship, he is not supposed to register that person, according to the state rulebook. Moreover, he tells me, an online state registration system automatically checks that very same MVD database for applicants. "So, something that the state does, automatically, on its own website, you've got people telling me that I'm barred from doing. If that's not the epitome of craziness, I don't know what is!"

In all, Fontes tells me, he now believes "nearly 91,000" otherwise eligible voters may be found in those dusty boxes and he plans to register them all if he is able to confirm their status.

In addition to all of that, I ask Fontes about claims by Bernie Sanders supporters (he is one himself) that the DNC and/or Hillary Clinton Campaign were somehow behind the Primary election disaster in Phoenix last year, in order to rig the contest against the progressive Vermont U.S. Senator. That disaster, he explains, is what inspired him to run against Purcell. We also discuss allegations of Arizona's voter database being hacked last year, concerns about the county's electronic ballot tabulation system and whether there is actually any evidence to support claims by Republicans like Donald Trump and his adviser, Kansas Sec. of State Kris Kobach (who also instituted a "proof of citizenship" requirement in that state), that millions of illegal votes, including by non-citizens, were cast in last year's election.

Finally today, Desi Doyen joins us for the Green News Report with her usual disturbing news, but also with a number of happily encouraging reports on the amazing growth of clean, renewable energy both in the U.S. and around the world!...

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Article Categories: Election Irregularities, Election Reform, Arizona, Georgia, BRAD BLOG Media Appearance, Election Fraud, DNC, Rights And Freedoms, U.S. Constitution, Kansas, Accountability, U.S. House, Hillary Clinton, Voter Registration, Immigration, Vote Caging/Intimidation/Suppression, Health Care, Democrats, Republicans, KPFK, Donald Trump, Bernie Sanders, Election 2016, Australia, NVRA, Kris Kobach, BradCast, Maricopa County, Election 2018

On today's BradCast, House Republicans finally pass the American Health Care Act (AHCA) --- a bill to repeal and replace the Affordable Care Act ('ObamaCare') --- but at what cost? Also: Donald Trump signs a bill that pretends to protect religious liberties. But what does it really do? [Audio link to show follows below.]

It's difficult, if not impossible, to know the real cost of the Republicans' ACHA, since House Speaker Paul Ryan refused to allow the bill to be analyzed first by the non-partisan Congressional Budget Office before forcing a vote in the House today. Instead, it was rammed through with a very narrow margin of all-Republican votes just hours after the final text was made available to members. That, as you'll recall, is exactly what Republicans used to pretend Democrats did during the 13-month process to pass ObamaCare in 2009 and 2010.

The costs, however, are likely to be enormous to the American public, if the bill gets through the Senate and is signed by the President, particularly to the poor, the elderly, the more than 25% of Americans with pre-existing conditions, and to those who found themselves filing bankruptcy due to medical expenses prior to the passage of ACA. The political cost to House Republicans, however, who left today for yet another 11-day recess, may be a whole different matter. The CBO predicted 24 million Americans would lose their health care coverage in the next decade under the GOP's failed plan six weeks ago. This version is likely to be much worse.

Also today, Donald Trump signed another one of his Executive Orders. This one pretends to counter the "religious discrimination" of the Johnson Amendment, a piece of otherwise almost 70 year old, non-controversial, bipartisan legislation originally signed by President Eisenhower, barring tax-exempt non-profit groups, like churches, from explicitly endorsing or opposing candidates for office. But what's the real point behind Trump's otherwise empty action today? And why is the religious Right so eager to see Trump "get rid of and totally destroy the Johnson Amendment," as he promised at the National Prayer Breakfast in February, just weeks after taking office?

Brendan Fischer, associate counsel at the Campaign Legal Center, joins us to explain this move that could ultimately result in allowing even more "dark money" to make its way into politics and elections. And, this time, while giving secret political funders a tax deduction for it in the bargain!

"We, as taxpayers, are subsidizing these groups, and we are not subsidizing these groups to offer wealthy donors a tax deduction for their secret political spending," Fischer explains. The Johnson Amendment, so-named for its original sponsor, then Sen. Lyndon Johnson, was enacted in response to a "dark money" attack against him during his 1954 reelection campaign by a non-profit, tax-exempt group.

While Presidential Executive Orders don't actually have the power to reverse legislation (whether this President understands that or not), Trump is pretending that his order will prevent the IRS from "targeting" religious institutions, as he and his evangelical allies claim to be the case, despite all evidence to the contrary.

"The Johnson Amendment is not targeting churches at all," says Fischer. "Because donors to these churches and charities get a tax deduction for their donations, 501(c)3's are prohibited from engaging in political activity. The reason that taxpayers are effectively subsidizing these groups is for their charitable, or religious or social welfare oriented activities, not for their political activities and partisan political engagement." But, of course, the religious Right would like to change that, and Trump appears more than willing to try and help.

The greater danger is that a provision to reverse the rarely-enforced Johnson Amendment could be slipped into upcoming legislation. Then, warns Fischer, churches and charities could potentially become what he describes as "super dark money groups" --- as if we don't already have enough problem with dark money in politics!

Finally: Fox "News" offers one more example today of the Right finding all new ways to pretend that they are victims. This time, if you believe Fox's fake news about a recent shooting, climate "skeptics" are becoming victims of those 'violent and dangerous' environmentalists...

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[Cross-posted from The BRAD BLOG...]

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Article Categories: Fox 'News', Election Reform, BRAD BLOG Media Appearance, Accountability, U.S. House, Barack Obama, Health Care, Democrats, Republicans, Nancy Pelosi, Economy, Lindsey Graham, KPFK, Donald Trump, Climate change, Paul Ryan, BradCast, Religion, Lyndon Johnson

On today's BradCast, Hillary Clinton and FBI Director James Comey are both still explaining what exactly happened last year, and callers ring in with lots of thoughts on both of them. [Audio link to show follows below.]

Comey returned to Congress on Wednesday to testify before the U.S. Senate Intelligence Committee on his decision to announce the re-opening of the investigation into Clinton's private email server just over a week before last year's November 8th election. The testimony, in which Comey describes his two choices as being either "really bad or catastrophic", comes one day after Clinton cited that decision as one of several causes for her loss in the Presidential Election last year.

Today, we offer some extended clips from Comey's testimony and Clinton's commentary, before taking listener calls in response to both, as well as on the New York Times controversial decision (as discussed in more detail on yesterday's show) to hire climate science denier Bret Stephens for its op-ed page.

Also, Desi Doyen explains the Trump Administration pending decision on whether to pull out of the landmark U.N. Paris Agreement to curb greenhouse gas emissions, and possibly the entire U.N. Framework Convention on Climate Change. Also, she joins us for latest Green News Report', as Donald Trump rolls back safety regulations for off-shore drilling, implemented by the Obama Administration following the 2010 BP Gulf Oil Disaster...

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Article Categories: BRAD BLOG Media Appearance, New York Times, Diane Feinstein, Montana, United Nations, Mainstream Media Failure, Accountability, U.S. House, Hillary Clinton, FBI, U.S. Senate, Barack Obama, Democrats, BP Oil Disaster, KPFK, Donald Trump, Russia, Climate change, Election 2016, James Comey, BradCast, Paris Agreement, Rob Quist

Over the weekend, at least two noteworthy media-related things happened, neither of them related (at least directly) to the White House Correspondents' Dinner. We discuss both matters on today's BradCast. [Audio link to show is posted at bottom of article.]

The President of the United States and the White House Chief of Staff discussed the possibility of doing away with the U.S. Constitution's First Amendment freedom of the press. As my guest today, Will Bunch of the Philadelphia Daily News wrote last night, that "probably should have led every paper and TV newscast in America, but for many everyday news consumers this wasn't even the biggest media-related outrage of the weekend."

The larger outrage, at least for many, seems to have come from liberal and progressive New York Times readers who called in to the paper, in reportedly huge numbers, to cancel their subscriptions following the first op-ed filed by the paper's new hire, Bret Stephens, a rightwing, former Wall Street Journal columnist and climate science denier.

I chat with Bunch --- author, journalist and longtime writer of the Philly.com's Attytood blog, which he describes as an "uber-opinionated, fair-but-dangerously unbalanced opinion blog" --- about both concerns today, and what they may mean for the future of U.S. news gathering, reporting and publishing.

On Trump's First Amendment threat, he notes how difficult it actually is to amend the Constitution and that the Trump Administration, after all, appears to be "the gang that couldn't shoot straight." On the other hand, Bunch cautions, "the fact that they would make these threats absolutely is newsworthy."

"The reason I wrote a piece that was largely about the Bret Stephens controversy, but also wrapped in this whole First Amendment thing, is I feel there's a relationship between the two," he tells me. "The press in this country is under assault in ways it hasn't been before. The media, to fight back, needs to be on its 'A' game. It can't make unforced errors, which the Bret Stephens thing arguably is." Bunch also goes on to explain how papers like the Times came to offer the fake balance that they have, for years, published on their op-ed pages, and suggests that perhaps it's time to do away with that all together. He explains why.

We also discuss another column of his from over the weekend, arguing that it will take years to undo the long-lasting damage that Trump has already brought to both the nation and the Presidency in just his first 100 days.

Also on today's program: Trump already appears to have violated federal election laws for his 2020(!) campaign; his Commerce Secretary Wilbur Ross huddles with other millionaires and billionaires to make light of the recent unauthorized, illegal, deadly and expensive U.S. cruise missile attack on Syria as little more than 'after-dinner entertainment'; and a new study by the American Press Institute and the Associated Press finds that, yes, Americans (even younger ones) are willing to actually pay for their news...at least under certain conditions...

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Article Categories: Mainstream Corporate Media, BRAD BLOG Media Appearance, Rights And Freedoms, U.S. Constitution, New York Times, Journalist Intimidation, Mainstream Media Failure, Accountability, KPFK, Donald Trump, Climate change, Reince Priebus, Syria, BradCast, Wilbur Ross, Election 2020