We've spent many years on The BradCast and at The BRAD BLOG explaining why touchscreen Ballot Marking Device (BMD) voting systems, like those used across the entire state of Georgia and in Los Angeles County, can never be known to accurately reflect the intent of any voter. We've also spent some time discussing why Voting Centers --- where voters in a county may vote at any center, rather than at their precinct --- may be convenient for voters, but are otherwise a terrible idea. As today's guest illustrates, those two terrible ideas came crashing down together at the expensive of election integrity and citizen oversight in a ballot measure election in Long Beach, California last November. And he's got the lawsuit and incredibly close election results to prove it. [Audio link to full show is posted below this summary.]

But, first up, the tragic stories from the COVID vaccine denier set, who are realizing --- only once it was too late --- that their denialism was, to say the least, ill-considered, continue to roll in. A state lawmaker in Missouri. A Trump-supporting couple in Sacramento. A rightwing radio host from Tennessee. A 34-year old anti-vaxxer in Los Angeles. Those who survived have come to regret their denialism. The families of those who didn't survive are now wishing their loved ones had taken their shots, and hope that you will do so now, if you haven't already.

The stories are tragic. But if continuing to tell them may help save a life, I'm happy to keep doing so on the air, as COVID spikes across the nation, almost entirely among the unvaccinated. That is thanks to the delta variant of the coronavirus and the 97% of the hospitalized who dreamt up all sorts of reasons to not take readily accessible and highly safe and effective vaccines. Many of their reasons for having failed to do so are based on misinformation spread by power hungry and/or ignorant politicians and personalities. The results are deadly and affect all of us, even the vaccinated.

In the meantime, thanks to the vaccine refuseniks, the vaccine mandates are now coming. Not a moment too soon. In New York City. In California. At the federal Dept. of Veterans Affairs.

Then, we've spent years reporting on California's election recount laws. In one sense, they are very good in that they allow any voter in the state to request a hand-count of any race, in any precinct or precincts they like, as long as they pay for it. (They are refunded if the count reverses the certified results.) But the law also allows each county Registrar of Voters to determine the price for those counts. As we've reported over and again for the past 15 years or more, the state law results in County Clerks arbitrarily and capriciously setting prices to pretty much anything they like, with a huge disparity among counties. It may cost a few cents per ballot to hand-count in Orange County, while Los Angeles is now charging well over two dollars per ballot.

The price in L.A. County, set by Registrar-Recorder/County Clerk Dean Logan, has just sky-rocketed, thanks to Logan's new touchscreen voting systems and the ill-considered use of Vote Centers that allow voters to vote at any Center they like, rather than the old precinct model of voting. One of the many problems with Voting Centers is that they make it almost impossible for Election Integrity advocates and the public in general to oversee tallies to ensure they are accurate and ballots are not stuffed into the boxes.

Another problem became crystal clear when the City of Long Beach held a ballot referendum last November to extend a city sales tax. The initiative, Measure A, passed by just 16 votes out of some 100,000 cast. When a group of citizens who opposed the measure sought a recount (California has no automatic recount law, no matter how small the margin, and though Logan could have chosen to recount it himself, he did not), they were in for a shock.

The County Clerk's handbook published before the election suggested that the count would cost them around $50,000, which they raised to pay for the count. That was before Logan informed them, just before the hand recount was to begin, that the cost would actually be closer to the $200,000 range, putting any kind of oversight out of reach to the local activists.

Why the change in pricing? Thanks to Vote Centers, ballots cast across L.A.'s county of some 4 million voters, are not sorted by precinct, even though state law requires that recounts be done by precinct. That means the County must spend HOURS sorting through millions of ballots to find the ones that included Long Beach's Measure A. Logan, who developed both the new touchscreen systems and the Vote Center model here, is charging the recount requesters for those hours, due to his failure to create an overseeable, sorted system of ballot tracking.

We're joined today by IAN PATTON, co-founder and executive director of the Long Beach Reform Coalition, to explain what happened, why the group was forced to call off their request for a recount, and why they are now suing the County instead, to charge them the original price they had expected to pay.

"This has been really eye-opening to me. Like waking up out of a slumber to a nightmare," Patton, who used to work as a staffer in Congress tells me today. "A paper trail is useless if you can't actually count it."

As the Long Beach Press-Telegram suggests in its reporting on this, the "Future of LA County election recounts could hinge" on this suit. It will be heard next month. But the future of Vote Centers, not just in Los Angeles, but across the country, where a number of jurisdictions are moving to them or considering the model, could also be affected by what goes on in L.A., the nation's most populous county...

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Article Categories: California, Election Reform, BRAD BLOG Media Appearance, Health Care, Los Angeles, KPFK, BradCast, Election 2018, Dean Logan, Post-Election Audits, VSAP, Coronavirus/COVID-19, Recount 2020

It's NICOLE SANDLER , back once again to guest host the BradCast.

Today, I'm thrilled to share an interview with author, journalist and activist CORY DOCTOROW.

Cory is a fascinating man. He's written a slew of books that defy categories. He writes science fiction, young adult novels and non-fiction works on today's topic and more. You can find his bio and info on his books at Craphound.com. And get his daily blog at Pluralistic.net.

The subject he writes a lot about and the one that we discussed today is the issue of monopolies and anti-trust.

We actually began this conversation in June, the first time he appeared on my show. As I usually do, I booked him for a half hour. Well, that wasn't nearly enough. So as the interview wound down, I invited him back, and we set a date for the next month. Our timing was fortuitous.

During that first interview, Cory broke what was news to me, saying that a package of antitrust legislation was working its way through Congress, and we'd soon be hearing about it. Sure enough, the following week, we heard about the House Judiciary Committee marking up that package of bills!

Then, on the Friday before we were scheduled for our second interview, President Biden announced a massive Executive Order containing 72 provisions encouraging competition, and taking aim at the monopolies that are strangling the nation.

It was a fascinating hour that I'm thrilled to share with you here on The BradCast!...

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Brad and Desi are out today dealing with technical gremlins, so it's NICOLE SANDLER, back in to guest host the BradCast today. [Audio link to today's show is posted below.]

As you may be aware, I live in South Florida. For the past week or so, the people of Cuba have taken to the streets in protest for the first time since 1994. They're out in the streets of Miami too.

Down here, we deal with the realities of Cuba regularly, but the rest of the country not so much. So I thought today would be a good time to just get a primer on where things stand on the island that sits 90 miles from the southernmost tip of Florida.

ANTHONY DEPALMA was a reporter and foreign correspondent for the NY Times for 22 years. He continues to write for the Times and other publications while writing books, a number of which have been about Cuba. His latest is The Cubans: Ordinary Lives in Extraordinary Times.

Last week, he penned an op-ed for the Washington Post, "As in 1994, Cubans Protest Against a Regime's Mortal Threat". He gave us a brief background of the island's history, and told us a bit about the new ruler --- the first non-Castro to rule the nation since the Castros took power some 60 years ago.

DePalma stressed the fact that the US embargoes and the policy against allowing Cubans to send money to family members still on the island has added to the misery of the people there.

Now, with news of horrific crackdowns by the government on the protesters, the Biden administration today announced a new round of sanctions against those Biden says are "responsible for the oppression of the Cuban people."

As usual, we began with the latest news-- COVID is surging, the Olympics are officially starting tomorrow, and Joe Biden held a CNN Town Hall last night, where his answers about the future of the filibuster were less than satisfying.

And Desi Doyen left us with a particularly dark Green News Report. Enjoy!...

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Article Categories: Joe Biden, Cuba, BradCast, Coronavirus/COVID-19

We've been reporting for months on the voter suppression laws being adopted by Republican-controlled states around the nation. But, in addition to disproportionately blocking minority groups from access to the ballot, we've also warned that many of these GOP state laws allow for the removal of qualified election officials, for virtually any reason, and replacement with partisans who may now undermine election laws and overturn election results. One of those longtime election officials who has just been removed in Georgia following the passage of the state's SB202 suppression law --- a woman who also happens to be a fierce, longtime voting and civil rights champ --- joins us on today's BradCast. [Audio link to full show is posted at end of this summary.]

First up, however, it's like the early days of the pandemic all over again in a number of very sad ways. Today, we have more sad news of misinformed, Trump-loving Republican COVID deniers and vaccine refusers who believed the pandemic was a hoax, and who are now tragically --- an unnecessarily --- being felled by the virus, despite the widespread availability of life-saving vaccines in the U.S. One doctor in Alabama wrote this week about sick patients begging for the vaccine, just before being intubated and told "it's too late."

Next, we add one important point to our detailed fact-check on yesterday's program in response to Cyber Ninjas CEO Doug Logan's ridiculous (and uninformed) suggestions that tens, if not hundreds of thousands of fraudulent votes may have been cast last year in Maricopa County (Phoenix), Arizona. His remarks were offered to a state GOP Senate panel last week, after the three month-long (and counting) "audit" theater his company was contracted to carry out of last year's election results, despite their lack of experience in elections or knowledge of voting systems. Those comments were then misinterpreted and amplified by the former President of the United States to falsely suggest the election in Arizona was stolen from him last November.

But there was one point from last week's forum that we didn't have time for yesterday. It included testimony claiming that Maricopa's computer voting and tabulation systems were wildly unsecure because their operating systems and anti-virus software hadn't been updated since the day Dominion Voting System's software was installed on the machines. It's true that those computers had not had security updates and patches applied since their first use in 2019. It's true that that is a "tremendous vulnerability" for those systems, as claimed at the forum. And it's also true that there is a very good reason why the software has not been updated since then --- which, had the AZ GOP Senate hired people who actually knew anything about voting systems, they would already have understood. We explain.

The story underscores the value of election officials --- and election auditors --- who are actually experienced and qualified for the job. Unfortunately, since Donald Trump launched his evidence-free Big Lie that the election was stolen from him, Republicans have been adopting laws in several states making it easier to remove experienced election officials and replace them with partisan patsies.

Nowhere is that more clear than in the great state of Georgia, where the GOP-controlled state legislature recently adopted SB202 in order to prevent certain voters from easy access to the ballot. That law, and others being adopted locally around the state, have resulted, according to the New York Times last month, in "members of at least 10 county election boards [who] have been removed, had their position eliminated or are likely to be kicked off...they will most likely all be replaced by Republicans."

HELEN BUTLER was one of them. She is one of the state's most prominent advocates for voting rights and the award-winning Executive Director of The Georgia Coalition for the People's Agenda, founded by the late civil rights icon Rev. Dr. Joseph Lowery (who founded the Southern Christian Leadership Conference with Martin Luther King, Jr.) She is also a ten-year veteran of the bipartisan Morgan County, Georgia Board of Elections in the Republican-leaning rural enclave east of Atlanta. Or, at least, she used to be. After approval by the state's Republican Governor Brian Kemp, Butler and the rest of the Board Members were replaced at the end of last month. The Board Members will all now be selected by the partisan County Commission, instead of built from members selected by local political parties.

On today's show, Butler, who testified on voting rights at a U.S. Senate Rules Committee field hearing this week in the state, explains the reason the Commission voted to remove the Board, claiming that it was "dysfunctional", but never explaining what that meant. "We were never brought up for any Secretary of State's violations as long as I was a member of the Board," she explains. In short, Butler suggests, she was removed because the Board hired a diverse group of pollworkers and worked hard to make sure everyone, of all parties in the County, could vote and that their votes were counted as cast.

SB202, among other things, now makes it harder to vote by mail, bans absentee drop boxes, and blocks the distribution of food or water on long voting lines. Eight different lawsuits, including those filed by The People's Agenda and the U.S. Dept. of Justice (as well as the Coalition for Good Governance, for which, FULL DISCLOSURE, I am serving as a named plaintiff representing media) have now been filed in hopes of blocking the law for a host of reasons, including the disproportionate difficulties that will now be faced by minority voters. Butler describes SB202 as a "voter suppression takeover".

But the ability to remove and replace long-serving, qualified election officials with partisan appointees who can refuse to certify elections is certainly among the most chilling aspects of the law, Butler warns. She argues that, had these new laws been in place last year, Trump's attempt to "find" enough votes to overturn his loss to Biden in the Peach State --- as we all heard in his recorded (possibly illegal) telephone call with Republican Sec. of State Brad Raffensperger --- would have been easy.

Our broad conversation, on a lot of these issues, also includes her thoughts on the ongoing investigation by the Fulton County (Atlanta) District Attorney into Trump's attempt to overturn the election. Butler also offers her plea for federal legislation, such as the For the People Act and the John Lewis Voting Rights Advancement Act, to help overcome the state-based attacks on voting.

The delightfully optimistic Butler then ends our discussion with an ominous warning: "This is our darkest hour," she tells me. "This is our Selma moment, and we must act.  This is not just for black people or people of color. It's for all of us, for all Americans to have equal access to the ballot. Democracy is at stake here.  So people have to understand it's not about black people voting, this is about democracy. This is the moment. We really need to be paying attention and act to get the right people elected that will preserve democracy for America."

Please tune in for today's important show...

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Article Categories: Election Reform, Arizona, Georgia, BRAD BLOG Media Appearance, Alabama, Rights And Freedoms, Photo ID Laws, Vote Caging/Intimidation/Suppression, Health Care, Democrats, Republicans, Vote-by-Mail, Dominion Voting, KPFK, Donald Trump, BradCast, Race, Maricopa County, Election 2020, Brian Kemp, Brad Raffensperger, Post-Election Audits, Coronavirus/COVID-19

Among the many sad legacies of the awful Donald Trump years, is how angry everyone has become in its wake. For always-angry Trumpers, ticking off "the libs" is a feature, not a bug. For progressives, however, while there is much to be justifiably angry about, we are wise to hold our outrage for points that actually matter...and happen to be true. We've got plenty of both on today's BradCast. [Audio link to full show is posted at end of this summary.]

First up, shortly before airtime today, the Dept. of Justice arrested and charged Trump's longtime friend, advisor and top fund-riser, Tom Barrack, who chaired the disgraced former President's corrupt Inaugural Committee in 2017. Barrack was charged on seven federal counts, including using his access to Trump to lobby for the United Arab Emirates and lying about it to federal agents. As an unregistered agent for the UAE, Barack allegedly lobbied both the Trump Campaign and Administration on their behalf, joining a growing list of Trump friends, officials and associates found to have unlawfully lobbied the so-called "America First" Administration on behalf of foreign nations like Turkey, Ukraine and the UAE, before lying about it to the FBI.

In other news out of Joe Biden's Dept. of Justice, Attorney General Merrick Garland, on Monday, issued a new policy prohibiting federal prosecutors from seizing phone, text and email records from journalists, with a few reasonable exceptions. While the Obama Administration did some of that, the Trump Administration took it to new heights, secretly spying on reporters at Washington Post, New York Times and CNN --- as well as Democratic members of Congress, their aides and even their family members --- all considered (by Trump) to be his political enemies. Freedom of Press advocates applauded Garland's "historic" Monday memo [PDF], as the A.G. also called for federal legislation to buttress the new DoJ policy.

That rather important story was somewhat overshadowed on Monday, however, by outrage from the progressive Left over a misreported story about the DoJ's failure to file charges against Trump's Commerce Secretary Wilbur Ross who, the agency's Inspector General found, lied twice to Congress about his roll in unsuccessfully attempting to add a question on immigration status to the 2020 U.S. Census. After the IG's investigation, which began in 2019, the office referred the matter to the DoJ for criminal prosecution.

Progressives were up in arms yesterday after it was inaccurately reported by several legit outlets, including Government Executive and AP, that Biden's DoJ, under the direction of A.G. Garland, had declined to prosecute Ross. However, as both outlets later acknowledged with corrections to their stories, it was actually the Trump DoJ which refused to prosecute Ross. He was at least the fifth Trump Cabinet member to have been referred for criminal prosecution to Trump's corrupt DoJ. (The others include his Interior Dept. chief Ryan Zinke, his HHS Secretary Alex Azar, Trump's second Secretary of Veteran's Affairs Robert Wilkie and his Transportation Secretary Elaine Chao, who happens to be Mitch McConnell's wife. They all skated.) Whether Biden's A.G. can or will revive those recommendations to bring charges is a separate matter --- and there is plenty of other stuff to be disappointed and/or outraged about regarding some of Garland's seemingly inscrutable decisions since taking the helm at the Department --- but the outrage on Monday from progressives over the declination to charge Ross appears to have been both premature and misdirected.

Next, speaking of fact-checking and going off half-cocked (or, in Trump's case, fully-cocked), late last week, Doug Logan, CEO of Cyber Ninjas, the rightwing, conspiracy-promoting company contracted by the Arizona state Republican Senate to carry out a post-election "forensic audit" of Maricopa County (Phoenix)'s 2.1 million ballots cast last year, offered public testimony on the progress of his three-month (and continuing) efforts to date.

Logan's remarks vividly demonstrated the dangers of hiring someone who knows absolutely nothing about elections or voting systems (or audits, for that matter) to carry out, in secret, what should have been a fully public exercise. It has been referred to as a "fraudit" and clown show by critics, including both Republican and Democratic state and county officials.

The former President offered three statements on Logan's remarks over the ensuing two days, the most detailed of which charged, falsely, that Logan's testimony "showed 168,000 fraudulent ballots printed on illegal paper (unofficial ballots), 74,000 mail in ballots received that were never mailed (magically appearing ballots), 11,000 voters were added to the voter rolls AFTER the election and still voted, all the access logs to the machines were wiped, and the election server was hacked during the election."

You'll be shocked to learn that absolutely NONE of Trump's claims are actually true.

Over the weekend, AP, CNN and others published lengthy fact-checks responding to the false claims by Logan and the wildly inaccurate nonsense from Trump. Today, we walk through some of false claims, detailing how both Trump and Logan got pretty much everything completely wrong, in the state where Joe Biden was certified by the Republican Governor to have defeated Trump by more than 10,400 votes last November. To date, there has been zero legitimate evidence to suggest otherwise in AZ or any of the other several states that flipped in 2020 from Republican to Democratic after four hellish years of the failed Trump Presidency.

Finally, Desi Doyen joins us for our latest Green News Report, with news on last week's catastrophic flooding in Germany and Central Europe, wildfires continuing to explode in the parched U.S. West, and disturbing news regarding both the Amazon rainforest and the near future of high-tide flooding...

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Article Categories: Arizona, BRAD BLOG Media Appearance, Journalist Intimidation, Mainstream Media Failure, Accountability, Dept. of Justice, Voter Registration, Republicans, Vote-by-Mail, KPFK, Donald Trump, BradCast, Merrick Garland, Maricopa County, Ryan Zinke, Wilbur Ross, Alex Acosta, Election 2020, Census Bureau, Post-Election Audits, Tom Barrack, Elaine Chao

On today's BradCast: It's not only Trumpers who are wildly misinformed when it comes to the COVID vaccines. Callers ring in today (many who claim they are not Trumpers) to explain their reasons...as deadly and misinformed as they may be. [Audio link to full show is posted below summary.]

First up, however, as the clown show "audit" theater by the Cyber Ninjas continues into its third month in Maricopa County (Phoenix), Arizona, Associated Press has published their own analysis of voter fraud in the state last November, as based on actual evidence. Through public records requests filed in each of AZ's 15 counties, the news organization has found there is evidence for fewer than 200 potential cases of voter fraud last year out of more than 3 million votes cast. That's a very far cry from the "massive voter fraud" our disgraced former President has claimed was carried out to give Joe Biden his 10,400 vote victory in the state. The evidence comes via both Democratic and Republican County and State officials, including investigations currently under way by Arizona's Republican state Attorney General. To date, indictments have been filed in just four (4) cases. Two of those cases involve Democrats, two involve Republican voters. Most of the known cases are unlikely to result in charges, as many of them could be book-keeping errors or innocent mistakes by voters who attempted to vote twice (once by mail and once in person, or even in two different states) for perfectly understandable reasons we discuss on today's show.

Then, as the Delta variant of the coronavirus tears through largely unvaccinated pockets of the country, COVID infection, hospitalization and death rates are on the rise again in the U.S. While the vast majority of those who become severely ill and/or die are unvaccinated (more than 95%), the threat of new variants which may not respond as well to existing vaccines looms --- as mask mandates are being restored in some places and as the nation's economy is once again under threat.

We recently covered heart-breaking stories of deadly --- because they were completely unnecessary and avoidable --- spikes in Trump-supporting states like Missouri, Mississippi and Tennessee. Today, Arkansas is taking the lead in new cases for no good reason other than usually misinformed, unvaccinated residents in the rural areas of the state. The New York Times, over the weekend, ran a devastating report out of the state, detailing the surge in severely ill patients and hospitalizations --- almost all of them unvaccinated and many of them now MUCH younger than during previous COVID surges.

But, it's not only in Trump Country. Even here in Los Angeles County, there are many among the vaccine hesitant. Over the weekend, L.A. chose to reinstate its indoor mask mandate as rates, even here, are beginning to increase again.

We wondered why this is, and what sort of information people are receiving that would lead them to avoid the live-saving vaccines, so we opened up the phones to exactly that today. The reasons, apparently, are many and varied. Some are certain that Big Pharma is pulling a hoax on all of us. (Though one caller cited information from "the inventor of the mRNA vaccines," Robert Malone, who, as it turns out, isn't the inventor at all, despite his claim. One wonders why anybody would therefore take his advice --- that the mRNA vaccines are dangerous --- seriously.) Others cite racial elements, buttressed by the tragic Tuskegee Experiment. But, as one caller notes, the tragedy of that study occurred because black men were not given life saving medicine as part of the study.

At least one caller believes evolution should be allowed to run its course, no matter how many tens or hundreds of millions are likely to die on the long and deadly road to "herd immunity".

In any event, it was an interesting hour (we hope) that may shed some light on the mess we are now in, as the nation --- with plenty of life-saving vaccine for all --- could, nonetheless, soon find itself locked down all over again due to massive misinformation that continues to pollute the body politic...

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Article Categories: Arkansas, Arizona, BRAD BLOG Media Appearance, Election Fraud, Mainstream Media Failure, Vote Caging/Intimidation/Suppression, Health Care, Democrats, Republicans, KPFK, Donald Trump, BradCast, Race, Election 2020, Infrastructure, Coronavirus/COVID-19

If you are faint of heart or a Fox "News" viewer, please proceed with caution before listening to today's BradCast, as we mention the very very scary issue of "Critical Race Theory" on today's program. Please call 911 immediately if, at any time while listening, you find yourself hating white people or turning into a gay communist. [Audio link to full show is posted below summary.]

With that warning out of the way (you're welcome!), we start today with a few less amusing matters. First, Los Angeles County is restoring its indoors mask mandate as of this weekend, due to a surge in COVID infections thanks to the Delta variant, largely affecting the unvaccinated.

Then, horrific flooding in Germany and elsewhere in Europe has resulted in a death toll topping 125 as we went to air, with hundreds still missing. Desi Doyen walks us through what happened and why and how, yes, this deadly deluge is related to climate change. In somewhat related news, she also explains some of the science behind the recent headlines you may have seen of late regarding a "moon wobble" that could result in serious flooding problems in coastal areas across the world in the years ahead, as sea level rise due to our climate crisis intensifies along with it.

Next up today, we're happy to lighten the mood. After outrage over Mr. Potato Head and Dr. Seuss failed to have the legs that Fox "News" and the Republican Party had hoped for, they've moved on to CRITICAL RACE THEORY(!!!) as the latest and greatest threat to our children, and life on Planet Earth itself. Since Joe Biden's inauguration, a recent study found, mentions of the obscure issue on Fox have at least doubled each month since. But, like most Americans --- and pretty much every Fox "News" viewer today --- you probably had no idea what Critical Race Theory actually was (and maybe still don't) until Fox started screaming about it and Republicans pretended to be outraged enough about it to actually pass First Amendment-defying laws to cancel its teaching in our schools.

(Fox would also appreciate, very much, if you'd run for your local school boards and demand they stop teaching it as well, before every good white person is "replaced" by a gay black Jewish communist...or something.)

Don't tell Fox or its easily duped viewers, but Critical Race Theory --- a decades old, largely obscure (until now), academic theory that (correctly) argues our nation's long history of systemic racism is now baked into our legal system, economy and society itself --- isn't actually taught in K-12 schools. It's barely taught in colleges and universities for that matter. But, if you turn on Fox "News" these days, you'll learn that it's actually a clear and present threat to our nation and that Joe Biden is now demanding every Kindergartner be indoctrinated to believe that white people are evil and America is bad. Or something.

Of course, all of this is as ridiculous as it sounds and something we have spent many weeks working hard not to waste your time on by covering it, because it's all so stupid. But, as longtime media critic and analyst ERIC BOEHLERT points out again this week in his PRESS RUN newsletter, when the Right gets angry, no matter the cause, non-wingnut media like the New York Times and Washington Post feel obligated to cover the faux fury. But on that, he argues on today's show, they are failing miserably in their coverage.

"The entire Republican Party is in on this," Boehlert explains. "This is how these phony outrages are created, and why the press pretends there's nothing they can do, they have to cover it. If you have the entire weight of the Republican Party, and the weight of a billion-dollar rightwing propaganda media empire and infrastructure all talking about the same thing, the press is defenseless."

"Yes, it is news that the Governor of Florida wants to ban the teaching of a topic in public schools," he rails. "What is also news, and what is also getting ignored, is that this topic is not taught in Florida schools! That should be the second paragraph of every one of these stories! "

"There have been hundreds of these stories. Most of the coverage doesn't even mention that Critical Race Theory is not taught in public schools!" Citing a recent 1,500 word story in the Times headlined "Why is the Country Panicking About Critical Race Theory?", Boehlert notes: "The country is not panicked. Trump voters and QAnon nut-jobs are. Most people don't know what Critical Race Theory is, they can't describe it, and people --- outside of that 30% [Fox] bubble --- are not panicked about it!"

"The real story --- if the press was being transparent and honest --- the real story is that this entire machinery has created this issue around a topic that must be banned, this kind of sorcery that they're depicting Critical Race Theory as, and it's not taught in a single school in this country. If I'm a reporter, and I look at that, I'd say, oh, I see the real story here!"

This sort of rightwing hoax, grievance culture, ginned-up outrage is meant, in this case, to somehow help Republicans in the 2022 mid-terms. It's nothing new. It's now the stock in trade for the post-governance Republican Party. So, how is it that the (theoretically) legitimate media can't seem to figure that out when they cover it? As you might guess, we've got plenty to talk to political media maven Boehlert about on today's program.

Just proceed with caution. We'd hate for anybody to be harmed during the listening of today's BradCast...

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Article Categories: Fox 'News', Florida, California, BRAD BLOG Media Appearance, New York Times, Mainstream Media Failure, Environment, Education, Republicans, Los Angeles, KPFK, Climate change, Extreme weather, BradCast, Germany, Oceans/Sea Level Rise, Race, European Union, Coronavirus/COVID-19

Democracy, politics and death. Ya know, just another day on The BradCast. [Audio link to full show is posted below summary.]

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

• Maricopa County, Arizona will now be forced to spend millions on new voting systems after state and County officials determined that their previous machines, which they only began using in 2019 and still haven't paid off, cannot be used again, and will be destroyed. That, after potential corruption of the systems during the Arizona GOP Senate's secret "audit" process, carried out by a private, conspiracy theory contractor named Cyber Ninjas. So much for those "fiscally conservative" Republicans (just in case you're wondering why we almost never refer to Republicans as "conservative" in almost any context. It's because they ain't. And folks in the media and in Congress and everywhere else should stop doing them the favor of playing along with their friendly, if utterly false and misleading, branding.)

  As we also discuss today, Maricopa doesn't actually have to spend millions of dollars on new computers to scan their hand-marked paper ballots. They could simply count them publicly by hand in the first place!

  The real cost of the phony, completely non-transparent and still-ongoing "audit" clown show in Phoenix, however, is that it is likely to make Democrats even more reluctant to seek recounts and post-election audits in the many cases where they absolutely should. (Here's just one such example.)

• The wingnuts at CPAC over the weekend were laughing at Democratic Senators Joe Manchin (WV) and Kyrsten Sinema (AZ) for their gullible willingness to do their obstruction bidding for them. A group of Republican officials were caught on video tape, laughing, applauding and urging others to call and thank the two Democrats for blocking reform of the Senate filibuster. "We don't want the people's will to be done," says former U.S. Senator Rick Santorum in the clip. "Call Joe Manchin an say thank you, seriously. Call Kyrsten Sinema and say thank you," the failed Presidential candidate and fired CNN pundit says. That, as Senate filibuster reform (or elimination entirely!) is desperately needed right now in order to adopt federal protections for voting rights in hopes of countering GOP voter suppression measures now being adopted in Republican-controlled state after Republican-controlled state.

• But, in somewhat brighter Manchin-related news, he does seem at least mostly willing to go along with the Democrats' landmark, "transformative", $3.5 trillion infrastructure reconciliation package, which --- unlike a voting rights bill --- can be adopted by the U.S. Senate with a simple majority vote...so long as Manchin and Sinema, and all of the other Democrats, play along.

• In the meantime, back in the states, the COVID infection rates are on the rise again nationally, along with surging hospitalization and death rates in areas of the country with the lowest vaccination rates. That, as the Delta variant is quickly gaining a foothold across the nation. Last week, we discussed Missouri's horrific situation in the rural, Southwestern part of the state, where hospitals are already overwhelmed. Today, we discuss the similarly horrific numbers out of Mississippi, where state officials issued new recommendations for masking indoors once again, and warned the unvaccinated last week that "people are going to die needlessly."

  But the Trump Death Cult appears to be in full flower now in Tennessee, where the State Health Department's new directive bars state health officials from vaccination outreach to teens, incredibly enough. But that's not only for the COVID vaccines, but any and all vaccines --- from Measles to HPV to flu shots! They are no longer allowed to even remind teens when it is time to get their second COVID shot, despite the lack of protection against the Delta variant after only one dose of the Pfizer and Moderna vaccines. That, just one day after the same brainwashed wingnut ghouls of Trump's Death Cultists at CPAC last weekend actually broke into cheers when a panelist discussed the unwillingness of millions of Americans to save their own lives by getting vaccinated.

  There is, however, a bit of apparent good news regarding some of these Trump Death Cult states. Vaccination rates have suddenly been increasing by double digits in some of them over the past week. So, maybe they're finally getting the fear of God in them. Not everywhere, unfortunately. In Tennessee, the number of doses administered over the past week, versus the prior one has fallen by 70 percent as of today. In Mississippi, it's fallen by 80 percent! It's only worse in Joe Manchin's home state of West Virginia, where the rate of vaccination has fallen 94 percent since the previous week, according to Washington Post's vaccine tracker.

• Finally, I'm happy to say that Desi Doyen's latest Green News Report has much more encouraging news packed into it than usual, including a breakdown of the many long-overdue climate and clean energy provisions currently set for inclusion in the Dems' new infrastructure package (if Manchin doesn't kill them), and in a similar new "Green Deal" initiative being launched this week in the European Union...

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Article Categories: Mississippi, Election Reform, Arizona, Tennessee, BRAD BLOG Media Appearance, Missouri, Environment, U.S. Senate, Health Care, Democrats, Republicans, Dominion Voting, KPFK, Donald Trump, Rick Santorum, Climate change, BradCast, European Union, Joe Manchin, Election 2020, Infrastructure, CPAC, Kyrsten Sinema, Post-Election Audits, Coronavirus/COVID-19, Anthony Fauci

On today's BradCast: Senate Dems strike a very big deal and the U.S. Election Assistance Commission gets sued again, this time for rolling back voting system standards after secret, unlawful meetings with the manufacturers they are supposed to be regulating. [Audio link to show is posted below.]

First up, in what is being reported as potentially "transformative" legislation for the country, Senate Democrats on Tuesday night announced they had come to an agreement on a deal that would invest $3.5 trillion into the expansion of Medicare, the Affordable Care Act, child care and a host of other "human infrastructure" priorities, while also addressing climate change with a broad array of clean energy incentives. The blueprint for the agreement still lacks specific legislative language, but was struck after weeks of work in the Senate Budget Committee chaired by Bernie Sanders (I-VT). Democratic Committee members, such as centrist Mark Warner of Virginia, are also said to be on board with the package, which would be paid for by increased taxes on those making more than $400,000 a year and on large corporations. If all Senate Dems agree to the final bill and no more than 4 Democrats defect in the House, the measure could be adopted under Senate Reconciliation rules with a simple majority vote without the need for any Republicans.

Passage of that package, along with adoption of the smaller bipartisan nearly $600 billion proposal recently hashed out among moderate Senators on more traditional infrastructure spending, such as for roads and bridges, would amount to a massive victory for Democrats (presuming Republicans do not renege on their part of the agreement) and, more importantly, for jobs, families the climate and the American people as a whole. It would be the largest such spending package since the New Deal. We walk through some of the reported details of the new reconciliation package and what it may mean for Americans before the 2022 mid-term elections.

And, speaking of elections, earlier this year we reported on the U.S. Election Assistance Commission (EAC)'s secret and unlawful meetings last year with voting system vendors, as discovered by SUSAN GREENHALGH, longtime election integrity advocate and Senior Advisor on Election Security at the non-partisan government watchdog group, Free Speech for People (FSFP). As she revealed at the time, the EAC's meetings, even with vendors, are all supposed to be public, according to the federal Help American Vote Act (HAVA). Her group was forced to sue to make the EAC cough up emails and other records detailing the secret vendor meetings. Most disturbingly, the EAC's Commissioners made alarming changes to newly drafted voting system certification guidelines just after those meetings.

The EAC is the federal agency responsible for creating certification guidelines for the nation's voting and tabulation systems. After a painstaking 5-year process in public consultation with technical advisors and other experts, the final draft of the much-needed and long-awaited Voluntary Voting System Guidelines (VVSG) 2.0 was released last year. It included, among other important elements, a ban on wireless modems in voting and tabulation systems. Cybersecurity experts applauded the provision, after long warning of the dangers of such devices in systems that register, record and tabulate the nation's votes.

After the EAC's secret meetings with voting system vendors last year, however, the agency weakened the new guidelines --- removing, for instance, the ban against wireless modems --- and revealed an amended, watered-down version just days before Commissioners voted for final approval of the new standards. Experts were stunned. Now Greenhalgh's FSFP is suing the EAC again, along with co-plaintiff Philip Stark, an elections expert from UC-Berkeley and a member of the EAC's own Board of Advisors (as well as a recent guest on this program). The complaint [PDF] calls for the EAC to roll back the last minute changes made to the guidelines after they secretly met with the voting system manufacturers.

Greenhalgh joins us to explain all of this latest madness, what it could mean for election security, why the EAC made these changes and continue to roll over for the vendors they are supposed to be regulating, and to discuss the perils of the woeful EAC's under-handed changes at a time when cyberattacks are on the rise and confidence in election results (justifiably or not) is plummeting.

"Rather than being an independent source of information regarding voting systems, the EAC is going to the vendors to ask them the questions and understand how the systems work. And, of course, the vendors aren't going to say, 'Yeah, this is highly insecure, we shouldn't be doing this,'" Greenhalgh explains.

"It's mind blowing to me," Greenhalgh tells me, when I ask if the EAC Commissioners fully understand the security risks involved in allowing the modems that vendors want in their systems (for reasons she also explains.) "You would think they'd want to err on the side of caution, they would want to err on the side of security. And if there was a good reason to allow this, then why not have this process out in the open where they can make the case to the public as to why 'we think this is a secure way to go.'? Instead they did the whole thing behind closed doors, in a super shady manner. Doesn't engender a lot of confidence." 

Finally today, in addition to the Dems' massive new infrastructure proposal announced on Tuesday night, Senate Democrats also unveiled a long-overdue, landmark proposal to finally legalize cannabis at the federal level. That bill, however, will require some Republicans to come aboard for passage, so we'll see how it goes...

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Article Categories: ES&S, Hart InterCivic, Voting System Certification, BRAD BLOG Media Appearance, HAVA, National Security, EAC, Accountability, Health Care, Democrats, Chuck Schumer, Voting System Standards, Dominion Voting, KPFK, Bernie Sanders, Climate change, IRS/Taxes, BradCast, Marijuana, Mark Warner, Infrastructure, Cybercrime

As noted during today's BradCast, we've been fighting to protect, expand and shore up democracy for nearly 20 years on this program and at The BRAD BLOG. For the first time in all of those years, however, it now really feels as if we are in a battle to save democracy itself in America. So it was very good to hear the President of the United States today stand up and clearly spell out what is now at stake in that fight. [Audio link to full show is posted below summary.]

First up today, Washington Post published a BradCast">fascinating excerpt on Tuesday from a new book by the Post's D.C. correspondents Carol Leonnig and Philip Rucker, named I Alone Can Fix It: Donald J. Trump's Catastrophic Final Year. The lengthy excerpt details the tumultuous, chaotic and dysfunctional 2020 Election Day and Night inside the White House, as Trump discovered he was likely to lose his reelection race. We focus specifically on Leonnig and Rucker's reporting on what seems to have been the genesis of Trump's Big Lie, as it developed that night, reportedly as the brain child of his tipsy personal lawyer Rudy Giuliani. His idea, rejected at first by Trump's advisors, was to simply say "we won" in every battleground state, despite mounting --- and, eventually, solid --- evidence to the contrary.

The Big Lie, adopted by Trump that night during his false "victory" speech in the wee hours, claiming the election was stolen and that "frankly, we did win this election," has poisoned the nation's soul ever since. At least the Republican part of the nation --- if they have a soul --- as GOP state lawmakers have opportunistically exploited that Big Lie in recent months to adopt severe new restrictions on voting and to institute provisions that allow partisan officials to overturn election results for virtually any reason.

Just before airtime on Monday's show, Democratic state lawmakers from the Texas House of Representatives left the state on two chartered planes to break the House quorum during a special session in the state legislature. The session was called by Republican Gov. Greg Abbott to force through a voter suppression bill that failed to pass when Democrats walked out on the last day of the regular session last May, also denying the GOP of a quorum to conduct business at the time. Now, the state Democrats have gone to D.C. for what they describe as "the fight of our lives." They hope to stop all business in the Republican-dominated state House during the 30-day emergency session and to press Senate Democrats to adopt the For the People Act at the federal level to help counter at least some of the restrictions Republicans are attempting to impose on Lone Star State voters, as well as those elsewhere in the country.

The heroic Dem state lawmakers, who face likely arrest upon returning home, deserve our support for their extraordinary attempted effort to save democracy in Texas. They say they plan to stay in D.C. throughout the 30-day session and lobby Senate Democrats like WV's Joe Manchin and AZ's Kyrsten Sinema to reform the filibuster to allow passage of For the People with a simple majority, as their only hope. Abbott, however, is able to call as many special sessions as he likes upon their eventual return. So, time is now very much of the essence.

At the same time today, President Biden was also using his bully pulpit to press for the protection of voting rights and American democracy itself. In a stirring speech at Philadelphia's National Constitution Center, he outlined what is now at stake, declaring that "we are facing the most significant test of democracy since the Civil War." In remarks that would have sounded right at home during one of my rants on this he program, he noted bluntly, "the Big Lie is just that: a big lie." Biden described passage of federal voting rights legislation as "a national imperative," warning of the measures that are being enacted to not only suppress the vote at the state level, but overturn results.

"If you vote, they want to be able to tell you your vote doesn't count for any reason they make up," Biden charged, adding ominously (if correctly), "They want the ability to reject the final count and ignore the will of the people if their preferred candidate loses."

We share the President's speech in full today (transcript here, video here), as his important remarks are worth paying close attention to.

Finally, Desi Doyen joins us for our latest Green News Report, with a dozen states in the West are now facing unprecedented heat, fire, drought and a serious stress test of the electrical grid, as our climate emergency becomes ever more apparent in very real, and very stark terms...

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Article Categories: Election Reform, Texas, BRAD BLOG Media Appearance, Rights And Freedoms, Photo ID Laws, Voter Registration, Vote Caging/Intimidation/Suppression, Rudy Giuliani, Democrats, Republicans, Vote-by-Mail, KPFK, Donald Trump, Voting Rights Act, Greg Abbott, BradCast, Election 2020, Philadelphia, Insurrection

Well, today's BradCast, turned out to be a bit more exciting than planned. [Audio link to full show is posted below summary.]

Just an hour or so before air time, Democratic Texas state lawmakers fled the state en masse to deprive state Republican lawmakers of a quorum during a special legislative session called to adopt a massive voter suppression bill. That, after last year's election was found to have been "smooth and secure", according to state officials. GOP-controlled committees in both the state House and Senate jammed through versions of the bill over the weekend, following overnight sessions in which hundreds of members of the public spoke against the measures.

Nonetheless, outnumbered in both chambers, more than 50 Democratic state Representatives left on chartered flights out of Austin on Monday to deprive Republicans of a legislative quorum. They reportedly headed for D.C. where they hope to press Senate Democrats to pass federal legislation to protect voting rights to help counter the Texas effort and other bills like it being adopted by Republican-controlled states across the country.

The rare move to leave the state --- where they can't be rounded up by Texas law enforcement and forced back to the Capitol --- comes after a Democratic walkout from the state Senate on the final day of the regular legislative session back in May. That walkout ran out the clock on the GOP voter-suppression bill at the time. Now, Dems would have to stay away for almost 30 days --- the length of the special session called by Republican Gov. Greg Abbott --- in order to block the legislative quorum needed to pass the measure in the Lone Star State's House of Representatives. The version of the bill Republicans now hope to pass would, among other things, ban the drive-thru and 24-hour voting sites that helped enfranchise tens of thousands of Houston voters last November, criminalize election officials mailing absentee ballot applications to voters and add new ID restrictions for mail-in voting, which is already incredibly difficult in Texas. All of the measures, according to voting rights experts, are both unnecessary would serve to disenfranchise marginalized voters, from minority groups to students to the elderly. We will, of course, be following this story closely in the days ahead.

Meanwhile, out West, blazing hot temperatures and extremely dry conditions amidst a years-long mega-draught have help sparked enormous fires in Washington, Oregon, Nevada, Arizona, Idaho, Colorado and California. The record fires, heat and drought are part of the cumulative effect of man-made climate change now devastating the nation and the planet. A massive fire in Oregon over the weekend disrupted service on three power transmission lines providing up to 5,500 megawatts of electricity to neighboring California. The power cuts, amid record heat, threaten a state already facing dire water shortages. Last week, Governor Gavin Newsom called for voluntary cutbacks in water usage of 15% by residents, agricultural operations and other businesses. Over the weekend, state power officials asked customers to cut back power usage.

With those multiple, very real emergencies now under way (including the rising threat of the Delta variant of the coronavirus in a state that has otherwise managed the pandemic very well under Newsom's leadership), the popular Democratic Governor now faces a GOP-funded recall election in just over two months time.

If Newsom were to be removed from office on September 14th, it would be only the second time in the state's 110-year history of the Gubernatorial Recall process. The last time was in 2003, when Republicans similarly ran a well-funded, professional misinformation and outrage campaign in order to oust a Governor. Newsom, elected to his first term in 2018, would otherwise face reelection next year anyway.

Late last week at The BRAD BLOG, our longtime legal analyst ERNEST A. CANNING highlighted the long, fascinating, ">progressive history of the state's Recall process, before arguing that it has gone awry in recent decades due to state Republicans' abuse of the process. He has outlined three suggested reforms that make a lot of sense, to help prevent much of the abuse of the process by Republicans in recent years. He argues that GOP policies in the state --- what's left of them --- have become so unpopular that the party is no longer seemingly able to win any state wide elections...unless they can engineer a low-turnout one, as they hope to see against Newsom in September.

"It's critical that everyone who is disgusted by this recall show up and vote," Canning argues. "The fact is, if Californians show up and vote, this recall will go down. But if you don't show up --- that's what the Republicans are banking on."

Among the reforms Canning is calling for after the upcoming Recall effort (which could cost state tax-payers as much as $400 million): Replacing a recalled Governor with the Lt. Governor (usually of the same party as the Governor), instead of holding a separate election for his or her replacement; Eliminating paid signature gathering by professional companies; and limiting the allowable reasons for Recalls of state officials. Canning joins us on today's program to explain and defend all of those suggestions, which he'd like to see put to voters on a statewide ballot referendum as part of the 2022 General Elections.

Finally, we take a few calls at the end of today's surprisingly busy show...

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Article Categories: California, Election Reform, Texas, BRAD BLOG Media Appearance, Rights And Freedoms, Environment, Vote Caging/Intimidation/Suppression, Democrats, Republicans, Vote-by-Mail, KPFK, Voting Rights Act, Extreme weather, BradCast, Water, Gavin Newsom, Election 2020, Election 2021, Gray Davis, Recall Elections

On today's BradCast: A very lively conversation with one of our favorite guests...about a very dark moment in our nation's history. [Audio link to full show is posted at bottom of this summary.]

Last week, on the final day of its term this year, the 6 Republican Justices on the GOP's stolen and packed U.S. Supreme Court majority, "turned back the clock on voting rights," according to UC Irvine election law professor Rick Hasen. A week after Justice Samuel Alito opinion for the majority in Brnovich v. DNC was published, Hasen is "angry" that "so much of the public does not realize what a hit American democracy has taken," as the ruling "reopens the door to a United States in which states can put up roadblocks to minority voting and engage in voter suppression with few legal consequences once a state has raised tenuous and unsupported concerns about the risk of voter fraud. It's exactly the opposite of what Congress intended."

We share Hasen's fury today. Not only about the activist Rightwing SCOTUS jurists legislating from the bench to wholly rewrite the intent of Congress, but also about them ignoring the couldn't-be-clearer, simple meaning of the plain text of the 15th Amendment. The entire thing is only two sentences long. The first declares "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." The second states that "The CONGRESS shall have the power to enforce this article by appropriate legislation." [Emphasis added for our six deceitful, dishonest SCOTUS Justices.]

Once again, the Supreme Court has chosen to simply ignore that second sentence in --- yet again --- gutting the Voting Rights Act, the appropriate legislation Congress wrote, and has amended to strengthen several times, in order to enforce the 15th Amendment, as literally directed by the Constitution. And, once again, the Roberts Court has put the lie to the bogus claim by the Right that the Republican appointees are "originalists" or "Constitutional textualists" who believe only in the literal, plain text meaning of Constitution as it was written. That is clearly, and always has been, a bald-faced lie.

We're joined today by the great MARK JOSEPH STERN, legal reporter at Slate, to discuss, at term's end, the outrage of the "mangled" Brnovich opinion, which now allows Arizona and other Republican controlled states to simply ignore the expressed intent of Congress' specific legislation barring voting laws that result in disproportionate disenfranchisement of minority voters and pretends that the Judiciary, not Congress, has the "power to enforce" the Constitution's 15th Amendment.

"You're dead right about the Fifteenth Amendment," Stern tells me. "And I do think it's worth noting that all of the Reconstruction amendments expressly empower Congress to enforce them. Because the framers of these amendments after the Civil War recognized that it was crucial not to just rely on the federal courts to protect rights, that Congress itself needed to play a leading role in the protection of Constitutional rights. And, particularly, the protection of political equality for people of all races."

"The conservative Justices [they're not "conservative", which we discuss as well!] have adopted this position not just of judicial supremacy but judicial arrogance, that the framers of the Reconstruction amendments couldn't possibly have intended to give Congress power to go beyond the Supreme Court's own interpretation of the Constitution.," Stern fumes. "This is a theme that we see from conservative justices over and over again --- where they say 'We're the ones who decide what counts as a right. We're the ones who decide what counts as legal and illegal, and Congress has nothing to say. Congress can only enforce our own rulings. What five of us say on this Supreme Court overrules what everyone says in Congress and the elected democratic branches. That has led to this twisted position where we don't see a lot of litigators actually speaking about the text of the 15th Amendment because the court has said, 'We sit at the top of the hierarchy, we get to decide, and all Congress can do is enforce our positions.'"

Stern also joins Hasen's (and my) anger in seeing SCOTUS blatantly ignore Congress's express intent for Section 2 of the VRA to prevent voting laws that result in the disenfranchisement of minorities. "What Justice Alito has done," Stern tells us, amounts to simply "making up" a new rule that is "totally fabricated" and "nowhere in the text" of either the law or the Constitution, in setting new "guideposts" for the use of the VRA's Section 2. "The law says very explicitly that any voting restrictions that results in disproportionate impact on racial minorities is illegal."

At the same time that the Court allowed Arizona's new voter suppression laws, Stern notes the irony of Chief Justice John Roberts, on the very same day in another "bitterly divided" 6 to 3 opinion (Americans for Prosperity Foundation v. Bonta), blocking the state of California's law that allowed its Attorney General to learn the name of "dark money" donors to non-profit groups in order to enforce state laws and limits. All of which, Stern observes, bodes very darkly for both what is to come in the next term of SCOTUS (major cases on guns, abortion and affirmative action are on the docket) and beyond --- not to mention any laws Democrats in Congress may pass (if they can ever reform the filibuster) to protect voting rights.

"In fact, I have been saying for a long time, unfortunately, that this Supreme Court will strike down large portions, if not all, of the For the People Act and the John Lewis Voting Rights Act," Stern warns. "Next term is winding up to be one of the most catastrophic terms for progressives, for the left, in history --- in the entire history of the country."

With that bright news, we also discuss the disappointment of 82-year old, Democratic-appointed Justice Stephen Breyer failing to announce his retirement last week as many hoped, so he could be replaced by a Democratic White House and Senate, while both still exist. And, yes, there is much more in our conversation today regarding SCOTUS at the end of its first term with three far-right activist jurists packed onto it by Senate Republicans who happily blocked a Democratic appointee to the Court for year, before unilaterally killing the Senate filibuster to seat all three of Trump's appointees.

Also today, remember all of those major corporations who pretended to express outrage after the January 6th insurrection and the passage of voter suppression laws around the country, vowing to halt corporate donations to members of Congress who voted against the certification of Joe Biden's decisive victory over Trump? Yeah, as we warned you months ago, most of them didn't actually mean it. Now we have much more proof...

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Article Categories: California, Election Reform, Arizona, BRAD BLOG Media Appearance, Rights And Freedoms, U.S. Constitution, U.S. House, U.S. Senate, Republicans, U.S. Supreme Court, Clarence Thomas, KPFK, Mitch McConnell, Voting Rights Act, Samuel Alito, BradCast, John Roberts, Neil Gorsuch, Brett Kavanaugh, Amy Coney Barrett, Insurrection, Stephen Breyer

On today's BradCast, we're still trying to clean up the deadly mess from the past four years of Donald Trump and the nearly 20 since 9/11. [Audio link to today's full show is posted below summary.]

Among our stories today...

• More bad news for Rudy Giuliani, after he was foolish enough to throw away whatever shreds were left of his reputation in order to serve as the attorney for a well known con-man. Oh, well. In addition to facing a federal probe for his foreign work on behalf of Donald Trump, facing two different billion dollar defamation suits by voting machine companies he lied about, facing lawsuits from members of Congress for having helped to incite the deadly January 6 insurrection at the U.S. Capitol, and seeing his law license suspended in New York for having lied on Trump's behalf that the 2020 election was stolen, Rudy has just had his law license suspended in Washington D.C. for the same reasons. Womp womp.

• In significantly sadder news, even as COVID infections and deaths continue to plummet in much of the country, both are now spiking in pockets of Trump Country where his duped followers are refusing to get vaccinated. Missouri has now become the nation's hotspot, with infections rates up nearly 50 percent across the state, but much higher in the farthest rightwing pockets of the state, where there is a shortage of ventilators and respiratory specialists to handle the surge. Infection rates have spiked more than 70 percent in some areas of the Show-Me State, and include hospitalizations for a number of patients in their 20s and 30s as the Delta variant grows in dominance. Hospital officials fear the numbers may get far worse over the next week or so, in the wake of the 4th of July holiday weekend. What are state officials doing about it? Republican Governor Mike Parson just signed a law passed by the GOP-dominated state legislature to shield businesses and churches from COVID-related lawsuits.

• Correctly describing it as an "unwinnable war", President Biden announced that all U.S. combat troops would be out of Afghanistan no later than the end of August, somewhat earlier than his announced plans of leaving the war-torn nation by this year's 20th Anniversary of the 9/11 attacks. He spoke to criticism from those who believe he's pulling out from America's longest war too soon, with the Taliban already taking back control of the country as the U.S. leaves. "How many more thousands of American daughters and sons are you willing to risk?,” Biden asked, adding: "I will not send another generation of Americans to war in Afghanistan, with no reasonable expectation of achieving a different outcome." He also vowed to help safely evacuate thousands of Afghani translators, drivers and others who assisted the U.S. mission, as they now face certain danger from the Taliban. And he took questions from the press about whether 2,300 Americans deaths, more than 20,000 U.S. casualties and more than a trillion tax-payer dollars spent on the conflict over the past 20 years was all worth it. We share some of his remarks today.

• After breaking the nation, the world and arguably the planet itself (with years of climate change denialism), Rupert Murdoch's Fox "News" will soon be expanding to break the weather as well. "People are hungry for more information about what the hell is going on with the weather because of climate change," Desi Doyen notes today. "So now you can get not only rightwing media news, you can get your rightwing weather, that will tell you only things about the weather that you want to hear!"

• But now, at least one very long time former Fox executive close to Murdoch is speaking out against his old boss for "the real damage that Fox News is doing to America." That includes "the unnecessary deaths of many Americans" fueled by sowing doubt about COVID-19 and spreading lies about the 2020 Presidential election. "Fox News has caused many millions of Americans --- most of them Republicans (as my wife and I were for 50 years) --- to believe things that simply are not true," writes Preston Padden at the Daily Beast this week, after decades at Murdoch's network, where worked closely with its now 90-year old CEO since the company's inception in the 1980s.

• Finally, its our first Green News Report since returning from our July 4th break, after a week of record smashing temps in the Pacifica Northwest and Canada which killed hundreds, to the record breaking Elsa which stormed ashore in Florida on Wednesday and is wreaking havoc up the Eastern Seaboard today. Plus, a whole lot of both disturbing and encouraging climate news items for us to get caught up with after taking last week off...

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Article Categories: Fox 'News', 9/11, BRAD BLOG Media Appearance, New York, Missouri, Afghanistan, Accountability, Environment, Rudy Giuliani, Republicans, Joe Biden, Washington D.C., KPFK, Donald Trump, Canada, Climate change, Extreme weather, BradCast, Exxon Mobil, Election 2020, Coronavirus/COVID-19

Last week, New York prosecutors filed multiple criminal indictments against the Trump Organization and its CFO Allen Weisselberg in response to an alleged "sweeping and audacious" 15-year tax fraud scheme. Today, Donald Trump himself filed a lawsuit against social media companies for banning him after he used his accounts to incite an attack on the U.S. Capitol on January 6th. Today on The BradCast, we discuss both issues and more, including our conversation with a former Asst. U.S. Attorney who is dubious about the legal expert consensus that NY prosecutors plan to file additional charges against other "senior executives" at the Trump Organization. [Audio link to full show is posted below summary.]

First up, Trump's new lawsuits against Facebook, Twitter and YouTube were announced on Wednesday, with the disgraced former President claiming that his First Amendment rights are being violated by the private companies who no longer allow him to use their platforms to lie about last year's election and to incite violence. The First Amendment, however, does not apply to private companies. It applies to the Government. In fact, as one legal expert notes today, "Trump has the First Amendment argument exactly wrong. In fact, Facebook and Twitter themselves have a First Amendment free speech right to determine what speech their platforms project and amplify --- and that right includes excluding speakers who incite violence."

It was next to impossible to find coverage of the lawsuit today which quoted any legal expert unrelated to the suit or the disgraced former President, who supported Trump's legal theory. Even Fox "News" quoted a libertarian lawyer describing the complaint as "asinine".

While it's unclear who is footing the legal bill for Trump's latest legal folly, seemingly meant to further hoax his gullible "conservative" supporters into believing they are all "victims" of political censorship by "radical left" giant social media companies, we're almost certain that Rudy Giuliani will no longer be lending his efforts. A new book by Michael Wolff documents Trump's rage over losing to Joe Biden last year, and claims that he is now unwilling to pay Giuliani for his legal work in criss-crossing the country to claim, without evidence, that the 2020 election was stolen from Trump. That, as Rudy has now had his law license suspended in New York for his false legal claims about the election; is facing a federal investigation for his foreign lobbying work on behalf of Trump; and is named in billion dollar lawsuits by the Dominion Voting System [PDF] company for myriad lies about their products.

But Trump, of course, is facing his own legal problems as well, including the 10 criminal indictments filed against his company last week, along with 15 counts against his longtime Chief Financial Officer, Allen Weisselberg. The indictments, which include charges such as Scheme to Defraud; Conspiracy; Grand Larceny; Criminal Tax Fraud; and Falsifying of Business Records, stem from what prosecutors describe as a tax fraud scheme that includes more than a million dollars in off-the-books compensation for apartments, cars, and school tuition for Weisselberg and others, "orchestrated by the most senior executives” at the Trump Organization from 2005 until this year.

In the wake of last week's charges, many legal experts have argued the indictments suggest more charges will be coming, as part of the ongoing two year investigation by Manhattan District Attorney Cyrus Vance and NY Attorney General Letitia James --- perhaps even for "senior executives" named Trump. Our guest today, however, former Asst. U.S. Attorney RANDALL D. ELIASON of George Washington University Law School, disagrees. At least, he is dubious.

In the days both before and after last week's indictments, Eliason suggested on Twitter that if NY ended up charging Trump's company along with Weisselberg, that would be a signal that there is not, in fact, more charges to come, as many have speculated.

Eliason, an expert in White Collar Criminal Law and a frequent contributor to Washington Post and his own Sidebars Blog, describes the charges against Weisselberg --- who allegedly received more than $1.7 million in untaxed, off-the-books compensation and stiffed city, state and federal governments for at least $900,000 --- as a very "serious case" indeed. He explains why nobody should be fooled by "Attorneys for Weisselberg and the Trump Organization [who] have tried to downplay these as just a 'fringe benefits' case, to make it sound as though it's about the company maybe just failing to report something."

He notes, in particular, prosecutors claims that the company was "keeping two sets of books" to hide their "tax fraud scheme". Eliason says this suggests a "very deliberate" effort to defraud that "makes it pretty hard to claim that it was just a mistake or a misunderstanding about the complicated tax code," as Trump implied during a rally in Sarasota, Florida over the weekend. (That, by way of stark contrast with his boast at a 2016 rally when he declared: "I know more about taxes than human being that God ever created!")

Eliason offers a great deal of insight into what these charges mean and how serious they are. Still, he goes on to argue that, in his opinion, unless prosecutors manage to flip Weisselberg --- which he believes would have already happened if Weisselberg was flippable --- that it is unlikely there will be further charges against others in the case.

"Failing cooperation by Weisselberg," he tells me, "the fact that they included the company [in the indictments] makes me think, if he doesn't flip, that's all we're going to have. Because otherwise you hold off on the company, you isolate Weisselberg, and if you bring cases against other individuals, with or without Weisselberg, that just makes the case against the company stronger. Because the company is only liable vicariously through the actions of its agents. So you don't charge the company now if you think there's more to come."

I challenge Eliason on a number of these points today, in which each of us concede we are reading tea leaves. Of course, he's the expert attorney and I am anything but. Please tune in for this interesting discussion!

Finally, we close with what is best described as some "good-ish news" regarding Elsa, the first Atlantic storm to come ashore this year, in what is already a record setting storm season...

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Article Categories: Florida, BRAD BLOG Media Appearance, New York, Rights And Freedoms, U.S. Constitution, Accountability, Rudy Giuliani, KPFK, Donald Trump, Extreme weather, IRS/Taxes, BradCast, Social Media, Trump Organization, Letitia James, Cyrus Vance, Jr., Insurrection, Allen Weisselberg

We're back on today's BradCast after a much-needed week off, which turned out to be a really big news week. But don't worry. We get all caught up somehow (mostly) on everything you need to know in just one segment today! Plus, an excellent guest to explain how the Republicans' packed U.S. Supreme Court has undermined both democracy and the Constitution yet again at the end of this year's term. [Audio link to full show is posted at end of this summary.]

Among the stories from last week (and this week) that we catch up on before moving to our guest...

• The thought-to-be-extinguished Lava Fire in Northern California erupts with two others;
• Last week's deadly, climate-change fueled heat wave in the Pacifica Northwest and British Columbia resulted in hundreds of deaths in the U.S. and Canada;
• The confirmed death toll at the condo collapse in Surfside, Florida ticks up over 30 with more than 100 still unaccounted for, as recovery is hampered by the incoming, already record-breaking Hurricane Elsa;
• An ExxonMobil lobbyist was caught on video admitting to the company's years of subterfuge about our climate emergency caused by the unmitigated burning of their products;
• Attorney General Merrick Garland declared a moratorium on federal executions;
• George W. Bush's "war criminal" Secretary of Defense, Donald Rumsfeld, died;
• The U.S. finally, permanently evacuated Bagram Air Base in Afghanistan as President Biden tries to finally end America's longest war before the 20th Anniversary of 9/11;
• COVID infections spiked 10% over the previous week as the Delta Variant continues to pose a quickly growing danger, effecting mostly unvaccinated people (so far);
• Despite its low infection rate, Los Angeles County urged residents to wear masks indoors again, thanks to the increasing spread of the much more infectious coronavirus variant;
• More than 180 people were shot and killed over the July 4th holiday weekend in more than 540 shootings in the U.S. over a 72-hour period;
• House Speaker Nancy Pelosi named her selections, including one Republican, to a House Select Committee to investigate the Trump-incited January 6th attack on the U.S. Capitol after Republicans in the House and Senate recently reneged on a deal with Democrats for a bipartisan independent commission;
• Sexual predator Bill Cosby was freed from jail thanks to a ridiculous deal made years ago by one of the lead defense attorneys in Donald Trump's second impeachment trial;
• The Boy Scouts of America agreed to an $850 million settlement with victims over thousands of sexual abuse allegations;
• The Trump Organization and its longtime Chief Financial Officer Allen Weisselberg were indicted on multiple state criminal charges including Scheme to Defraud, Conspiracy, Grand Larceny, Criminal Tax Fraud and Falsifying of Business Records;
• The NYC Mayor's election, already made ridiculously complicated by Ranked Choice Voting, went sideways last week after it was discovered that 135,000 sample ballots were accidentally included by NYC election officials in the weeks-long, impossible-to-oversee RCV tabulation procedure;
• Arizona's months-long "audit" theater was extended yet again, as the rightwing, QAnon conspiracy company called Cyber Ninjas continued its secret examination of 2.1 million ballots cast during last year's Presidential election in Maricopa County (Phoenix). That's the partially taxpayer-funded clown show that, as I reported weeks ago now, according to the Ninjas' own documents [PDF], allows them to miscount a MINIMUM of 42,000 votes without setting off any internal alarm bells, in a race that was decided by a statewide margin of just 10,000 votes;
• And, the Dept. of Justice called on Congress to adopt new laws to protect voters after the GOP's stolen and packed U.S. Supreme Court ended their term last week by undermining democracy and the U.S. Constitution yet again.

In Brnovich vs. DNC [PDF], the Court's 6 to 3 Republican majority overturned a lower appeals court decision that had blocked two new restrictions on voting in Arizona. One barred the counting of ballots cast by voters in the wrong precinct and the other banned the collection of ballots by third-parties (derisively known as "ballot harvesting" by Rightwingers implying it's used by minorities to defraud elections...despite the lack of any evidence in support of that assertion). Both laws were shown to have disproportionately impacted minority voters in the state. That is supposed to be barred by Section 2 of the Voting Rights Act. But, writing for the Court's majority, activist Justice Samuel Alito made up new "guidelines" that ignore both Congress' intent in its passage of the VRA and the Constitution's own plain language that "Congress shall have the power to enforce" the 15th Amendment decree that "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude."

So, how will the Court's ruling in Brnovich, allowing for discrimination in voting laws, effect the spate of pending challenges to new voter suppression laws now being enacted by GOP-controlled states around the country? What, if anything, can Congress do about it? And, if they do, will this hard-right anti-democracy Court allow any such new laws to stand?

We're joined today to discuss all of that and more by longtime public interest attorney ROBERT BRANDON, President, CEO and co-founder of the Fair Elections Center. He describes the Republican Justices' opinion as "a real departure" from the claims of so-called originalism and Constitutional textualism --- a literal reading of the plain words of the Constitution --- which the rightwing Justices have long pretended to believe in. This decision, he explains, is "clearly is going to make it harder to challenge and defeat, in court, the laws that disenfranchise the most Americans, particularly black and brown voters, and other marginalized voters. In the case of Arizona, including disabled voters, who often need help delivering their ballots."

Alito's ruling, according to Brandon, essentially says "discrimination is okay as long as it's not a whole lot." But Brandon also explains why the Court's decision, as terrible as it is, doesn't necessarily mean that the multiple legal challenges to dozens of new GOP suppression laws adopted since last year, in the wake of Trump's evidence-free Big Lie that the election was stolen, will fail.

"It's a great irony, of course, that we just had the highest turnout election in history," he says, "yet now we're talking about adding all of these new barriers to voting around the country."

Finally, on this four-day work week following the Monday Independence Day holiday, a new analysis of a years-long study in Iceland finds that productivity either remained the same or improved in the majority of workplaces when the work week was cut to just four days. How can we get this progressive idea --- now also being studied in Spain and New Zealand, and found to benefit workers' health and lives without harming corporate bottom lines --- adopted here in the U.S.? Working on it...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

MONTHLY BRAD BLOG SUBSCRIPTION	ONE-TIME DONATION
Choose monthly amount... $10 : $10.00 USD - monthly$20 : $20.00 USD - monthly$50 : $50.00 USD - monthly$100 : $100.00 USD - monthly	(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

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Article Categories: Florida, California, Election Reform, Arizona, BRAD BLOG Media Appearance, New York, Rights And Freedoms, U.S. Constitution, Afghanistan, Accountability, Death Penalty, U.S. House, Dept. of Justice, Dept. of Defense, U.S. Supreme Court, Los Angeles, Ranked Choice Voting, Bush Legacy, KPFK, Donald Trump, Canada, Voting Rights Act, Climate change, Extreme weather, Samuel Alito, BradCast, Exxon Mobil, Election 2020, Bill Cosby, Trump Organization, Post-Election Audits, Coronavirus/COVID-19, Election 2021, Labor Unions, Allen Weisselberg