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Latest Featured Reports | Sunday, September 22, 2019
GM Workers Strike and Whistleblower Can't Whistle: 'BradCast' 9/19/19
Guest Host Nicole Sandler with PaydayReport's Mike Elk and WaPo's Greg Sargent...
Corey Lewandowski, Liar And Proud Of It: 'BradCast' 9/18/19
Guest host Angie Coiro with all the news and a long chat with Shannon Watts...
Since the Dems Stink at Oversight, Let's Focus on Climate: 'BradCast' 9/17/19
Guest Host Nicole Sandler with 350.org's Tamara Toles O'Laughlin and Bill McKibben...
Bigger Priorities than the Integrity of the Vote? 'BradCast' 9/16/19
Guest hosted by Angie Coiro with Patrick Poblete and Richard Clarke on UAW Strike, Wisconsin Voting Machines, Cybersecurity...
Sunday 'What's Your Flavor?' Toons
If only we moved as fast to ban deadly AR-15s as we are now moving to ban life-saving nicotine devices. Just one of many ironies in PDiddie's latest weekly toon collection...
Progressive OG Bloggers Recap the Third 2020 Debate: 'BradCast' 9/13/19
Guest Host Nicole Sandler with Heather 'Digby' Parton and 'Driftglass'...
Taking to the Streets and Taking on the Media: 'BradCast' 9/12/19
Guest Hosted by Nicole Sandler with activist Joshua Potash and broadcaster Krystal Ball...
'Green News Report' 9/12/19
  w/ Brad & Desi
Global trade unions commit to Global Climate Strike on Sept. 20th; Parts of planet already warmed 2 degrees; PLUS: Prominent climate science denier departs the Trump WH...
Previous GNRs: 9/10/19 - 9/5/19 - Archives...
Dem Appears to LOSE Votes During Tally of NC09 Special Election 'Do-Over' Race? [VIDEO]
As more precincts come in, candidate totals appear to go down on MSNBC...
TX Gun Safety Advocates 'Startled' by Guv's Openness to Reform After Shootings: 'BradCast' 9/10/19
Guest: Ed Scruggs of TX Gun Sense; Also: Bolton out; Trump rallies for NC09 GOPer...
'Green News Report' 9/10/19
Trump's weather lies become NOAA crisis; Dorian death toll could be thousands in Bahamas; PLUS: Trump DoJ opens dubious anti-trust probe into automakers' CA deal...
A Month's Worth of News from the Last Three Days: 'BradCast' 9/9/19
(And we didn't even get to half of it!); Plus: Callers ring in on Dem Primary, L.A. County's new unverifiable touchscreen system, more!...
Sunday 'Category 5' Toons
Our prediction is that hot air on Hurricane Dorian won't stop after PDiddie's latest toon collection, which definitely hits Trump (and Alabama!) harder than anticipated...
'Cheeto Christ Stupid Czar' and Other Relevant Facts: 'BradCast' 9/6/19
Trump steals from hurricane-ravaged bases; Creepy Fox zombie; GOP scraps primaries; More House Rs quit; Musical happy ending...
'Green News Report' 9/5/19
Humanitarian crisis unfolding in Bahamas in Dorian's wake; PLUS: 2020 Dems dive deep in CNN's marathon 'Climate Crisis Town Hall'...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Brutal ICE raids in MS; WH denial over domestic terror; MT assaulter acted on Trump 'rhetoric'; 'The OC' turns 'blue'; TX may soon do same...
By Brad Friedman on 8/8/2019 6:35pm PT  

Well, today's BradCast features an epic righteous rant or two for your listening pleasure, as we begin with some grim news of the day but finish with a much brighter outlook for the near future. [Audio link to show is posted below.]

  • First up today, the dark news out of Mississippi where Trump's federal deportation forces waited for the first day of the school year --- and the day after Tuesday's state and legislative primary elections --- to violently round up nearly 700 longtime immigrant workers at various food processing plants around the state. The record ICE arrests came just days after 22 were gunned down in the heavily Hispanic town of El Paso, Texas by a white supremacist who echoed Trump's words about an "immigrant invasion". Children in the MS towns reportedly came home from school to find parents gone, toddlers and infants were not picked up at day care, and local news highlighted a number of children roaming the street in tears, terrified about was happening to them and their families. It seems the federal government made no plans for what would happen when the U.S. citizen children of immigrants were violently hauled away. Even one U.S. citizen worker was tazed and knocked to the ground by the out-of-state invading ICE thugs;
  • At the same time, in an exclusive from CNN, details of the White House's purposeful failure to take action on the quickly growing threat of domestic terrorism by white supremacists like the shooter in El Paso, and so many other similar cases in recent years. According to the report, based on sources said to include current and former senior Administration officials, many in the Department of Homeland Security had been trying for some time to force the White House to take the rising menace more seriously, but those closest to Trump were reluctant to do so for fear it would "trigger the boss".

    Trump, like many Republicans and Fox "News" zombies have spent years in denial (or supportive) of the threat of domestic terror by rightwing extremists such as white supremacists. In 2009, after an outcry by Republicans, the Obama Administration shamefully withdrew a DHS draft report [PDF] on the growing threat of rightwing extremism that had been largely prepared during the George W. Bush Administration. There was no such outcry over a similar report, released without incident, on leftwing extremism. Nonetheless, Obama's DHS chief buckled, apologized(!), withdrew the draft report, and the DHS group which created it was largely dismantled. With increasing evidence of the white supremacist threat --- even cited by Trump's own FBI Director --- the Trump Administration has continued to insist on focusing on jihadist terror and illicit drug importation instead. That, as they exercise their own white supremacist terror on immigrant communities such as those across the state of Mississippi on Wednesday, a state with one of the lowest populations of undocumented immigrants in the nation;

  • All of this, of course, sends a very clear message. It was one that appears to have been heard loud and clear by a 39-year old man in Montana who placed a 13-year old in choke-hold and fractured his skull when body-slamming him to the ground after the boy refused to remove his baseball cap during the national anthem at a rodeo. The man's lawyer contends the U.S. Army veteran who had suffered his own brain injury in 2000, was acting on the President's "rhetoric". He told the local paper in Montana that the man's "Commander-in-Chief is telling people that if they kneel, they should be fired, or if they burn a flag, they should be punished." While he says the man takes "a big portion of accountability for what took place...there was other things at work here that definitely contributed". The attorney argues that “Trump never necessarily says go hurt somebody, but the message is absolutely clear....[his client] was doing what he believed he was told to do, essentially, by the President."

    The argument might sound absurd, until you connect a few dots to include, among many, Montana's Republican Congressman Greg Gianforte who, on the eve of his special election to the U.S. House in 2017, actually grabbed a reporter by the throat and slammed him to the ground. In 2018, during a campaign rally for Gianforte --- who won in deep red Montana in 2017, despite the incident --- Trump made light of the Congressman's violent 2017 assault of a journalist, noting to the delight of the assembled MAGA crowd that "any guy who can do a body slam is my kind of guy." Message delivered and, apparently, received;

  • But we've got some brighter news as well today, as formerly GOP strongholds appear to be turning "blue" in advance of the crucial 2020 elections. The Orange County Register reports something this week that would have been unthinkable just a few short years ago. California's former GOP stronghold of Orange County --- the birthplace of Richard Nixon --- now, officially, has more registered Democrats than Republicans. The CA state GOP Chairman's explanation for the news is --- as we discuss --- hilarious and completely counter to demonstrable facts and reality. (Which makes him perfect for the job!) That follows the 2018 midterm wave election when all four U.S. House seats in the OC, incredibly, flipped from "red" to "blue";
  • Evidence for a similar sea changes in the Trump Era is beginning to appear elsewhere as well, as this week saw the fourth Republican U.S. House member in a week from once-ruby-red Texas to announce that he would not be running again in 2020. He was the 9th GOPer to declare the same over the past three weeks, with 11 incumbent Republicans in total now planning to step down next year, as opposed to just 3 Democrats. The pace of announced House Republican retirements is now actually ahead of the number that called it quits at this time before the 2018 mid-term elections when Democrats ended up retaking the House majority by flipping some 40 seats in a Blue Tsunami route. Is Texas set to become the new Orange County next year?;
  • Finally, Desi Doyen joins us for the latest Green News Report with an important new U.N. report on farming and climate change, a growing worldwide water crisis, four U.S. fossil fuel explosions in 48 hours, and some miners in Kentucky finally waking up to how the dying coal industry is working to take advantage of them...

Download MP3 or listen to complete show online below...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 8/6/2019 11:29am PT  

IN TODAY'S RADIO REPORT: Historic ice melt in Greenland raises worldwide sea levels; We've all just lived through the hottest month ever recorded on Planet Earth; PLUS: CNN's 2020 Democratic Presidential debate, for the first time, covered climate change and climate action in-depth... All that and more in today's Green News Report!

Listen online here, or Download MP3 (6 mins)...

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

IN 'GREEN NEWS EXTRA' (see links below): We must change food production to save the world, says leaked report; Top climate scientist quits USDA, alleging political suppression; Who will pay for the huge costs of holding back rising seas?; Climate liability lawsuits are on the rise; N.J. lakes closed due to toxic algae blooms; El Paso suspect’s alleged manifesto highlights eco-fascism’s revival; U.S. has lost 24 million acres of natural land in 16 years; As Gulf Stream cools and weakens, what’s in store for Florida?; Heat headache for 2020 planners as Tokyo swelters a year before Olympic Games... PLUS: The new ruins of the melting Alps... and much, MUCH more! ...

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




On the weekend massacres in El Paso and Dayton; And Georgia Tech cybersecurity expert Rich DeMillo on the recent Senate Intelligence Comm. report on Russia interference in 2016 and the fight to secure 2020...
By Brad Friedman on 8/5/2019 7:04pm PT  

On today's BradCast, we open with the grim weekend news of the two gun massacres in El Paso, Texas and in Dayton, Ohio, which collectively resulted in at least 30 killed and some four dozen others wounded, before moving to yet another issue of national security being avoided by most Republicans and the White House. [Audio link to show is posted at bottom of article.]

The two domestic terror events in TX and OH, each carried out in minutes by white American men with semi-automatic military-style assault rifles and high-capacity magazines, has once again spurred calls for legislative action by Democrats in Congress and the avoidance of same by the terrorist-enabling, NRA-captured Republican officials.

In addition, Donald Trump spent about 48 hours following the El Paso shooting hoping to avoid the fact that the 21-year old man who carried it out had reportedly driven from his home in Dallas to target immigrants in the border town. An online manifesto attributed to the white nationalist shooter, echoing language and racism frequently used by Trump, describes an "invasion" of Hispanic immigrants. "El Paso and Dayton make 251 mass shootings in the US in 216 days, more shootings than days in the year," notes USA Today.

The incidents also serve as the latest to highlight shameful GOP hypocrisy on matters of national security. Over the past two decades, the U.S. has spent hundreds of millions of dollars under the guise of "national security", even as the focus on international terrorism has resulted in several acute issues of national security such as climate change, gun violence by domestic terrorists, and election security being all but ignored by Republicans. That, even as the public has been asked to sacrifice one freedom after another under disingenuous claims of "national security" while the country has been bankrupted both financially and morally in the bargain.

The latest massacres and lack of willingness by Republicans to take action and confront a real and growing national security threat, is also echoed in their lack of action regarding security in our elections, the only means by which the public may actually hold their failed, hypocritical, and corrupt elected officials accountable. But a week or so ago there was a glimmer of hope, sort of, when the U.S. Senate Intelligence Committee released a bipartisan --- if absurdly redacted --- report on election security [PDF], concluding that election systems in all 50 states were targeted by Russia in 2016. At the same time, the report states that "the Committee has seen no indications that votes were changed" or that "vote-tallying systems were manipulated".

Then again, as we've take great pains to report in detail since 2016, nobody, to our knowledge --- including the FBI, DHS, Robert Mueller's Special Counsel Office or even local and state officials --- has actually bothered to look! Calls for hand-counts of hand-marked paper ballots and forensic analyses of electronic voting systems were blocked after the 2016 election in many states, including Wisconsin, Michigan and Pennsylvania which each are said to have flipped to the Republican Presidential candidate that year by incredibly narrow, unverified margins, for the first time in decades. The Senate Intelligence Committee report suggests that while foreign actors were able to gain access to the nation's voting systems and voter registration databases, they took no action to modify them in any way. Really?

We're joined today by cybersecurity and voting system expert RICH DEMILLO, formerly the Chief Technology Officer for Hewlett-Packard, now Professor of Computing at Georgia Tech, where he served as Dean and director of their Information Security Center. DeMillo shares his takeaways from what he describes as a "frustrating" Senate report, which appears to both pull punches and hide much of both its findings and recommendations behind redactions. "There is just a massive amount of evidence that not only were the systems targeted, and in some cases penetrated, but it would take an extraordinarily altruistic spy to resist the opportunity of doing something nasty once they got into these systems," he tells me. "Not going that final step, which is relatively risk-free, of carrying out the mission that you were there to accomplish, just seems to me to strain credibility."

DeMillo, who has co-authored a number of landmark studies on the many dangers posed by the 100% unverifiable touchscreen computer Ballot Marking Devices (BMDs) now being deployed before the 2020 election to places like Georgia, Philadelphia, Los Angeles County as well as counties in other key battle-ground states like Ohio, North Carolina and Texas, warns that our vulnerable voting systems are, indeed, an issue of "national security".

"We're in an era where the tools can be turned against the citizens," he cautions. "Where the results of an election in an entire jurisdiction can be changed with literally the flip of a switch." DeMillo, who now serves on the board of the Verified Voting Foundation, is a supporter of hand-marked paper ballots as the only known type of verifiable voting and (like me) is dubious about the push to allocate hundreds of millions of dollars for new "upgraded" computer voting systems. "It's like buying better filters for cigarettes," he says.

And while there are still no federal mandatory standards for voting systems (only voluntary guidelines last updated by the U.S. Elections Assistance Commission in 2005!), the "real obvious vulnerability" to the systems comes from election insiders, local and state officials and contractors hired to program and maintain the systems. "Even in the face of arguments from election officials that 'we vet our people, we do background checks,' every time we look under those covers, what we find is that there's almost no due diligence that's taking place. That the people that we entrust with these systems, in the first place, don't understand the systems, have never been briefed on the threats, and we have no idea what their background and motivations are."

He cites the story we broke on the program last week based on testimony from an official in the Georgia Secretary of State's office who conceded on the witness stand the week before in a federal court hearing that all voting machines in the state are programmed by three outside contractors "in their garage." That new revelation of outsourcing from the ongoing federal lawsuit challenging the security and Constitutionality of the state's unverifiable touchscreen systems underscores that "everything they tell you about the security of their infrastructure, and how well they vet against the insider threat, turns out not to be the case. And that story is repeated over and over again around the country."

DeMillo also relates the story of the "ruckus" he recently caused on social media when relaying a conversation with election officials in a largely rural state "who just happened to mention in an open meeting that the computers that they use to program their ballots were housed on laptop computers that were in the houses of people, without any security clearances, no special security infrastructure. In fact, they were in places where the Internet connections were so bad that some of those people had to go to the local Starbucks in order to connect to the internet." He says his "jaw dropped to the floor" when he learned that many of those officials were programming their voting machines and tabulators on wide open, completely unsecured public networks.

Finally, DeMillo goes on to offer some advice on how to "move the needle" in the continuing fight by election integrity advocates to secure our elections by using systems that can actually be overseen by the public, slamming those --- from Congress to state and local officials to academics to private voting system vendors --- who believe that secrecy and "security by obscurity" can actually work to protect the heartbeat of our nation's fragile and more-threatened-than-ever system of representative democracy...

Download MP3 or listen to complete show online below...

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Guest: Marilyn Marks of Coalition for Good Governance; Also: Gilroy, CA festival shooting tied to white supremacy, Trump's stochastic terrorism...
By Brad Friedman on 7/29/2019 6:07pm PT  

We've got several pieces of important news, on today's BradCast, regarding the long federal court challenge against Georgia's 100% unverifiable touchscreen voting systems, the new, similarly unverifiable touchscreen systems they plan to move to before the 2020 elections, and a hope from one of the plaintiffs that the case could result in all such systems --- now being adopted by states and counties across the nation before 2020 --- being declared unconstitutional for use in American elections. [Audio link to show follows below.]

But first up today, a few words about stochastic terrorism from the President of the United States (also see this chilling editorial cartoon from our collection this week), as his appalling attacks on minority Democratic members of Congress continued with a new target over the weekend, and as another mass shooting --- this time at a food festival in Gilroy, CA on Sunday night --- is once again tied to white supremacy.

Then, we're joined by MARILYN MARKS of the Coalition for Good Governance for some of the at-times jaw-dropping news from a marathon hearing in federal court last Thursday and Friday in Atlanta. Marks' Coalition is a plaintiff in the case hoping to sideline Georgia's nearly 20-year old Diebold touchscreen voting systems in favor of hand-marked paper ballots before this fall's municipal elections and beyond, including the 2020 Presidential primary and general elections.

Marks shares a number of remarkable updates in the case we've been following since she filed it back in 2017. The updates include new details on the state actually destroying evidence --- including computer servers, databases and voting system memory cards --- needed in the case, and lies told to the court by the defendants about security issues related to the voting system. The misleading statements came from the office of Georgia's Republican Sec. of State Brad Raffensberger and the state's former GOP Sec. of State Brian Kemp. Kemp is now Governor of the state, after he is said to have narrowly defeated popular Democrat Stacey Abrams last November on the very same unverifiable computer voting systems overseen at the time by then SoS Kemp.

Marks details the extraordinary security measures plaintiffs were forced to undergo in order to have their experts even partially examine the ballot database used by Georgia which, the state had claimed, included customized, "super-secret" security measures built in to the system that made it completely different from identical --- and completely hackable --- Diebold touchscreen systems used elsewhere in the country. As it turns out, after spending thousands of dollars to create secure "clean rooms" at Georgia's insistence to allow plaintiffs' experts to examine the databases in two different locations (Michigan and Washington, D.C.) those experts found there was, in fact, no special customized "super-secret" security measures. The database structures are identical to those found available for download on the Internet --- from many different states --- going back as early as 2002, when Georgia first adopted their current, easily-manipulated voting systems.

"Let's be clear that we've still not had a chance to look at the system or the programming in the voting machines or the servers," she told me. "We were allowed to look at a database that is used to program the memory cards, just one tiny piece. There was a huge fight because the state lied to the judge, and lied to us, and said that this database was its 'crown jewel' of security, [that] nobody else using Diebold had this super-secret database."

"We found out that, just as we had told the court, their database is just like every other state's database, many of them published on the Internet as public records. They just found it so convenient to lie to the court in order to keep anyone from having easy access to see what a mess they're making," she says.

On the destruction of evidence, she tells me: "The Secretary of State destroyed their two primary servers --- the first one four days after we sued them, the next one a few hours after the case was assigned to Judge Totenberg. From there, we asked to start preserving memory cards, internal memories of the voting machines themselves, and they just completely defied every request. Even the judge told them to go to the FBI, where there was a partial copy of one of the servers, and be sure that thing did not disappear, be sure it was retained, and they even refused to do that."

She also details a revelation from one of the witnesses on the stand last week which elicited gasps in the courtroom after he admited that "100%" of Georgia's ballots are programmed by three independent contractors who do not work for the state and who prepare the ballots at home --- on potentially unprotected WiFi setups. That, despite the extraordinary --- and expensive --- measures plaintiffs were forced to enact in order just to have their experts view the state's "super-secret" election system database.

"It was shocking. We had just taken the deposition of the [state official] on the witness stand. He had told us it was his employees who do the programming of the machines. We subsequently got a written contract that told us the opposite. So we asked him on the witness stand, 'Who is it that is programming ballots?' He told us about these three people who are out of their homes or garages with no real security. They are ones that have these databases, who are programming every single machine in the state, with no oversight, no public ability to check what's going on, and with such an insecure home system, that of course it's open to the bad guys."

"These are exactly the same databases that they were making us sign these enormous confidentiality agreements, set up safe rooms, have couriers fly and hand these CDs off in person because they were so super-secret, and it turns out they were three people working in their garages...The 2018 elections were 100% outsourced to three people operating in a garage."

Marks also explains that she is hopeful this suit may result in unverifiable computer Ballot Marking Devices --- like the systems Georgia hopes to move to next year, and the ones currently being installed in states and counties around the country in advance of 2020 --- being found unconstitutional at the federal level.

"We're going to do more than just 'raise awareness' on Ballot Marking Devices. This lawsuit will be the first lawsuit to challenge Ballot Marking Devices and to put them out of their misery. We are definitely going to work to see that Ballot-Marking Devices are declared unconstitutional."

Finally, Marks offers her reaction to news of Georgia's announcement today (filled with misleading nonsense [PDF]) that they plan to award a $90 million contract to the Canadian firm Dominion Voting to replace all of the state's 100% unverifiable Diebold touchscreen systems with new, 100% unverifiable Ballot Marking Devices (BMDs) made by Dominion in time for next year's Presidential primaries in a battle-ground which could swing the 2020 election...

Download MP3 or listen to complete show online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Constitutional law expert Ian Millhiser on the GOP's ACA challenge and the passing of SCOTUS' 'last great conservative Justice'...
By Brad Friedman on 7/17/2019 6:46pm PT  

The United States, according to our guest today on The BradCast, lost "the last great conservative Justice" on the U.S. Supreme Court on Tuesday. Justice John Paul Stevens, who lead the liberal wing of SCOTUS before retiring in 2010, passed away on Tuesday at the age of 99 after serving some 35 years on the High Court. IAN MILLHISER, Constitutional law expert, longtime Editor of ThinkProgress Justice and author of the book Injustices: The Supreme Court's History of Comforting the Comfortable and Afflicting the Afflicted joins us today to discuss that loss as well as the rightwing legal challenge seeking to strike down the entirety of the Affordable Care Act. [Audio link to full show is posted below.]

We begin today with a conversation about Stevens' remarkable legacy, and how his tenure was so starkly different from the so-called "conservatives" now seated on the GOP's stolen Supreme Court. Nominated to SCOTUS by Republican President Gerald Ford (after being appointed to the federal bench by Richard Nixon), Stevens, as AP eulogizes, "stood for the freedom and dignity of individuals, be they students or immigrants or prisoners. He acted to limit the death penalty, squelch official prayer in schools, establish gay rights, promote racial equality and preserve legal abortion. He protected the rights of crime suspects and illegal immigrants facing deportation. He influenced fellow justices to give foreign terrorism suspects held for years at the Guantanamo Bay, Cuba, naval base the right to plead for their release in U.S. courts." All positions now seen as "liberal".

And yet, Stevens said during a 2007 interview that he did not think of himself as liberal, but rather as "pretty darn conservative". Millhiser explains how Stevens was able to separate the law from politics, including his own personal preferences, while remaining true to the Constitution and both the rule of law and Court precedent --- all issues which those who call themselves "conservative" today seem to have a difficult time understanding or respecting.

"When he got on the Court, he was widely viewed as a center-right judge. He personally held very, very conservative views. But what made Justice Stevens a great judge was that he knew his political views didn't matter when he was a judge. He knew that regardless of what he thought about minimum wage, or Obamacare, or whatever else, his job was to be faithful to the law and the Constitution," Millhiser tells me. "He was able to set his political views aside and let the law work. And that is all you can ask for in a judge. If we had conservatives like John Paul Stevens right now, who understand that law and politics are separate, we would be in a much better place as a country."

Moreover, as I note at the top of the show, based on my own reporting from 2013, Stevens was willing to admit when he got cases wrong. That year he conceded that his 2008's controlling opinion in Crawford v. Marion County Board of Elections --- the case which approved Indiana's Republican law requiring voters to present Photo ID at the polling place before being allowed to vote --- was ultimately the wrong decision. That SCOTUS opinion has been falsely cited by GOPers across the country as confirmation that Photo ID restriction laws do not suppress legal votes, but help prevent illegal ones. That is both inaccurate and decidedly not what the Court found that case. In 2013, Stevens conceded, "as a matter of actual history," dissenting Justice David Souter was "dead right" in his opposition and warnings about how the precedent would be abused to suppress the vote.

As to the Affordable Care Act (Obamacare) challenge we had originally booked Millhiser to discuss before news of Stevens' passing, oral arguments in Texas v. United States were heard in New Orleans last week before a three-judge panel of the 5th Circuit Court of Appeals. In his coverage for ThinkProgress, Millhiser, who was in the courtroom, describes the hearing before two Republican-appointed judges (one by George W. Bush, the other by Donald Trump) and one Democratic-appointee as a "disaster for Obamacare".

On today's show, he explains the "dumb" and "ridiculous" basis for the case brought by some 20 Republican state Attorneys General --- and now joined by Trump's Dept. of Justice --- and how the challengers specifically filed it in a Texas jurisdiction, a "a kangaroo court", where they knew they could get a favorable ruling from the lower court judge and were likely to get a similar ruling from the rightwing 5th Circuit Court of Appeals. He describes the suit as "the stupidest case I have ever seen", but notes that the appellate court's three-judge panel --- "the two Republicans on this panel were really wacky and behaved in a really partisan way in the oral arguments" --- may ultimately uphold the lower court ruling, at least in part.

Nonetheless he believes the case cannot possibly pass muster at the U.S. Supreme Court given previous rulings on ObamaCare by Chief Justice John Roberts. However, he has a caveat: that prediction only holds if the makeup of the High Court when the case ultimately reaches SCOTUS remains the same as it is today. That, as Millhiser cautions, is not a guarantee. "If Trump gets another vote, all bets are off." And there are ways that both the 5th Circuit and the Republicans challenging the landmark healthcare law could hedge that timing, depending on how quickly they act and how long they delay both the court's decision and any subsequent appeal.

While the basis for this case, he details, is so absurdly thin, that may not mean it will fail, even if, as Millhiser observes, an estimated 24,000 Americans will die each year if the ACA is entirely struck down as plaintiffs seek --- and as the lower court judge already ruled should happen.

Finally, there was a flurry of breaking news coming over the wires as we spoke with Millhiser today, including Democrats in the House scuttling a vote on Articles of Impeachment against Trump; the House voting to hold AG William Barr and Commerce Sec. Wilbur Ross in criminal contempt and MA prosecutors dismissing sex assault charges against actor Kevin Spacey. And then we close today with a few thoughts on the House Dems successful vote on Tuesday for a resolution finding Donald Trump's (legally) racist tweets attacking four freshmen Congresswomen of color were, in fact, racist, and on the 4 Republicans in the 197-seat GOP House caucus willing to vote in favor of that resolution...

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Guest: Politico's Alice Ollstein; Also: House votes to condemn Trump 'racism'; Dem Rep. to introduce Articles of Impeachment...
By Brad Friedman on 7/16/2019 6:32pm PT  

As a chaotic vote to condemn Donald Trump's racist comments against four Democratic freshmen Congresswomen of color moved successfully through the House during today's BradCast, we tried --- even if we didn't always succeed --- to focus as much or more on the effects of his Administration's dangerous policies, more than his obnoxious, hateful words as our eternally embarrassing President of the United States. [Audio link to full show is posted below article.]

On Monday morning, as we discussed on yesterday's program, Trump's Attorney General Bill Barr, with a stroke of his pen, took Administrative action to effectively rewrite decades of immigration law and case precedent to bar virtually all asylum claims made on the U.S. southern border. The radical action is now being challenged by the ACLU and, according to many immigration experts, is likely to be found unlawful by the federal courts.

Then, on Monday night, after we got off air yesterday, the Administration enacted another radical measure without notice. Trump's Department of Health and Human Services declared a new regulation would immediately take effect to ban medical services providers who receive Title X funding from referring patients to other doctors for abortions. Federal funds are already banned for use in most actual abortions themselves, but now what critics describe as a "gag rule" will be in place to keep medical professionals from even referring their patients.

Title X, signed in 1970 by President Richard Nixon after bipartisan support in Congress, allocates some $260 million each year to family planning services for four million low income women. The funds are granted to states across the country and to organizations such as Planned Parenthood.

Under the new regulations, as our guest today, Politico healthcare reporter ALICE OLLSTEIN detailed after the rule was first proposed earlier this year, "clinics offering abortions would need to construct physically separate entrances, hire separate staff and maintain separate medical records for its abortion and non-abortion providers --- a requirement reproductive care groups argue is so costly that some, or even perhaps many, sites would be forced to close."

At the top of today's show, news broke that, in the wake of the Administration's new regulations and other rightwing assaults on the Constitutionally-protect right to abortion, Planned Parenthood's recently appointed new President, Leana Wen, has been forced out of her post. The group had previously suggested they would need to forgo federal Title X funding if the rule was formally enacted, as have several states across the country who, like Planned Parenthood are suing to block the regulation.

Nonetheless, even before any of those lawsuits have been tried, the new rule has been placed into immediate effect by HHS, resulting in "mass confusion and chaos" for states and medical care providers alike today, according to Ollstein. "Now, any clinic that makes abortion referrals for patients who request one will have their funding cut," she tells me. "Lots of clinics across the country, including all Planned Parenthood clinics, which serve a large portion of the Title X population, said that they can't comply with that. It's against their ethics as doctors to not be able to make a referral that a patient requests. So they said 'We're going to exit this program. We're going to try to rely on our own funding as long as we can. We're going to hope the courts stop this rule, and we're going to try to keep our doors open and serve this low-income population.'" But, as Ollstein notes, "that could be a struggle."

She also explains how the Right is able to justify this blatant intrusion of the federal government between a patient and her doctor, given their years of decrying the Affordable Care Act (Obamacare) under the premise that the landmark healthcare law would do just that. Ollstein also goes on to warn that the federal case currently moving through the U.S. 5th Circuit Court of Appeals that could strike down Obamacare entirely as unconstitutional, is now a very real threat to the law's future --- which even Republicans in Congress are now beginning to panic about.

Also on today's program, we follow the House Democrats move today to pass a non-binding resolution condemning Trump for his racist "go back" to your countries tweets over the weekend, directed towards Reps. Alexandria Ocasio-Cortez, Rashida Tlaib, Ayanna Pressley and Ilhan Omar, all of whom are American citizens. Three were born in the U.S. and one, Omar, came here as a child refugee to escape civil war in Somalia. Also today, Texas Democratic Rep. Al Green announced his intention to introduce Articles of Impeachment against Trump once again tonight after the vote on resolution to condemn Trump. He vows to force a floor vote on the Articles within two legislative days.

By show's end, the racism resolution had been passed by Congress with the votes of all Democrats, four Republicans and newly independent former Republican Justin Amash, after what is being reported as a "bitterly partisan brawl" and "one of the most polarizing exchanges" ever on the House floor. The measure comes after both Trump's racist tweets telling the women to "go back and help fix the totally broken and crime infested places from which they came" on Sunday, and his doubled-down assertion on Monday that their criticism of his Presidency and policies demonstrates they "hate America".

In fact, as Philip Bump cleverly highlights in a "Who said it?" test at Washington Post, Trump's own comments about the U.S. during the Obama Administration are far more demonstrative of hating America than anything ever known to have been publicly uttered by the four women he continued to attack on Twitter today. We're happy to associate ourselves with Stephen Colbert's response to all of this from Monday night.

Finally, as if all of that isn't chaotic and ugly enough, Desi Doyen joins us for our latest Green News Report, after New Orleans dodged catastrophe (for now) from Hurricane Barry over the weekend; the U.S. sees its wettest 12-month period on record (again); and the weekend blackout in NYC reveals (also, again) the fragility of this nation's vulnerable infrastructure...

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Guest: KPFK News Dir. Ernesto Arce; Barry misses NOLA; L.A. immigrant community comes together to face down Trump raids; Plus callers!...
By Brad Friedman on 7/15/2019 6:45pm PT  

The catastrophic hurricane that didn't flood New Orleans (yet) and Trump's promised immigration round-ups that haven't happened either (yet) are both the focus of today's BradCast. That, along with callers and some appropriate upbraiding of our disgustingly xenophobic President for his obnoxious racist tweets over the weekend. [Audio link to show is posted below.]

First up today, New Orleans may have dodged a bullet, at least for now, says our own Desi Doyen. Hurricane Barry, veered to the west as it made landfall over the weekend, helping to spare the flood-prone city from both another torrential downpour and an ocean storm surge at the mouth of the Mississippi River that might have overwhelmed the city's new pump system and over-topped levees that are already dangerously close to being over-topped after months of climate change-fueled flooding in the Central U.S. Water from those months of record flooding has made its way down the Mississippi, which was already at record levels.

The remnants of Barry is now working its way up the river, leading to flash-flood warnings in about half a dozen states over the next several days. That water will eventually make its way back down to NOLA. For now, however, the Big Easy appears to have avoided the worst. For now.

Then, following nationwide #Lights4Liberty protests across the nation on Friday, following continuing revelations of horrific and inhumane conditions at many of Donald Trump's migrant detention centers --- or concentrations camps, as they may more appropriate be known --- major cities from Los Angeles to New York buckled up for Trump's promised round-ups of "millions" of immigrants, including thousands of families across the country. Though the President threatened the door-to-door arrests would begin on Sunday, the mass round-ups by ICE have, so far, failed to materialize.

We're joined in studio today for the latest, by ERNESTO ARCE, News Director of our Pacifica Radio Network flagship affiliate, KPFK 90.7FM here in Los Angeles. Arce details how both local officials and the immigrant community in Southern California have been girding for Trump's promised ICE raids, and how the (so-far, empty) threat has served to rally the community and bring them together to resist Trump's immigration deportation forces. Having covered immigration issues for KPFK for over a decade in L.A., Arce explains how the Southern California community learned long ago how to resist thuggishness and unlawful behavior from both federal and local law enforcement officials alike and how Trump's open racism has served to embolden many of the officials in several of those agencies.

"Since 9/11, since [1994's] Prop 187, since the million-plus people came out to downtown LA to protest the [2006] Sensenbrenner Bill, there has been a powerful immigrants rights community and immigrant rights advocacy movement here in the United States," he tells me, adding "nowhere has it been as strong as here in Southern California and Los Angeles."

Arce also observes how Friday's protests against the Administration's practices, during these dark hours of the Trump Presidency, demonstrate the resilience of the Southern California immigrant community and those who support them. "The biggest phrase we can come out with in this movement is 'resistance.' You've got all these groups that are organizing, not just organizing Lights4LIberty, but groups organizing all these kinds of actions saying 'We're going to defend our community against any type of raid, against any type of what we believe is an unlawful action by federal ICE agents.' ... We've had very moving ceremonies, many events and efforts over the last few weeks, where the community comes together and says --- 'Undocumented and Unafraid" is one of the main phrases, 'Abolish ICE' is another --- [where] people are unwilling to put up with fear mongering and terrorizing of a community."

Then, we cover Trump's reprehensible, xenophobic, racist Twitter attacks over the weekend against four Democratic freshman Congresswomen of color, and how the appalling attacks have served to unite House Speaker Nancy Pelosi and Trump's targets-of-the-moment --- Reps. Ayanna Pressley (MA), Rashida Tlaib (MI), Alexandria Ocasio-Cortez (NY) and Ilhan Omar (MN) --- along with the rest of the Democratic caucus, to push back on the President with a planned resolution condemning his statements. Shamefully, very few Republicans in either chamber of Congress have condemned Trump's racist attacks on members of Congress.

Finally, we open the phones lines for a bit on all of the above today! Enjoy!...

Download MP3 or listen to complete show online below...

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Guests: Heather Digby Parton and Richard 'RJ' Eskow on Harris' 'breakout', Biden's 'stumble', Bernie's plan for private insurers, Yang's Universal Basic Income, and Marianne Williamson's '4th dimension'!...
By Brad Friedman on 6/28/2019 4:51pm PT  

Our Special Coverage of this week's first 2020 Democratic Presidential Debate in Miami continues on today's BradCast, with post-debate analysis, insight and occasional snarky comment regarding Night Two of the festivities! [Audio link to show follows below.]

The second night featured ten more Presidential hopefuls, including: VT Sen. Bernie Sanders; former Vice President Joe Biden; CA Sen. Kamala Harris; South Bend, IN Mayor Pete Buttigieg; NY Sen. Kirsten Gillibrand; CO Sen. Michael Bennett; CA Rep. Eric Swalwell; former CO Gov. John Hickenlooper; former tech executive Andrew Yang; and author and spiritual advisor Marianne Williamson. It was a very lively affair, to say the least, and our coverage today, I'm fairlly certain, rises to a similar level.

Joining us once again today for the hour is Salon's and Hulaballo's award-winning HEATHER DIGBY PARTON as our through-line from yesterday's coverage. She's paired today with our old friend RICHARD "RJ" ESKOW, longtime political columnist, host of the weekly The Zero Hour radio and TV program and, most helpfully today, a former insurance industry executive!

Among the many issues discussed after Thursday's debate:

  • What the media are describing as a breakout performance from Harris, including her face-off with Biden over his history of working with segregationists in the U.S. Senate (and what it may tell us about her ability to take on Trump);
  • whether Biden can sustain his polling lead after a shaky performance, raising questions about his age (along with similar concerns about Sanders and MA Sen. Elizabeth Warren, to be fair);
  • how the matter of whether the candidates' various proposals for universal healthcare coverage deal with private insurers will be used against them by both the Right and the corporate media (as well as whether or not those proposals will apply to undocumented immigrants);
  • how well the cases made by younger candidates such as Buttigieg or Swalwell seems to be going over after the first debate; whether Silicon Valley tech exec Andrew Yang's proposal for Universal Basic Income makes any sense;
  • at least one topic that the moderators, shamefully, did not raise yesterday;
  • and even a few "insider" thoughts on the seemingly "4th dimensional" Marianne Williamson.

All of that and much more on today's very lively and hopefully both entertaining and informative BradCast Special Coverage!...

Download MP3 or listen to complete show online below...

[And if you missed our Night ONE coverage, it's right here!]

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Guest: Slate's Mark Joseph Stern; Also: Dems pass $4.5B emergency funding for border - with strings; Mueller to testify in open hearings; Kellyanne Conway subpoenaed by House; NRATV finally shuts down...
By Brad Friedman on 6/26/2019 5:11pm PT  

Before our guest joins us on today's BradCast --- and in advance of the Democrats' first two-night 2020 Presidential Candidate Debate in Miami (which we'll be covering over the next two BradCasts), some very quick news headlines today. [Audio link to complete show is posted below]

  • House Democrats have called Donald Trump's and Republicans' bluff by passing a $4.5 billion supplemental spending bill to cover border-related costs for children and other migrants being held in squalid, overcrowded conditions, with children not even being given soap or toothbrushes and forced to sleep on cold cement floors. The House bill also places some restrictions on how that funding can be spent, unlike the Senate version of a similar emergency supplemental spending measure for $4.6 billion. Some on Team Trump have called for vetoing the House version. The conflicting bills will somehow need to be reconciled before final passage, though it's unclear how that can happen before lawmakers leave town for their week-long July 4th recess;
  • On Tuesday night, the Chairs of the House Judiciary and Oversight Committees announced that former Special Counsel Robert Mueller has agreed to appear --- after being subpoenaed --- for testimony in open sessions to both House panels, one after the other, on July 17th. He is expected to give answers to lawmakers about his two-year probe of alleged Russian interference in the 2016 Presidential election, the Trump Campaign's cooperation with that effort, and Donald Trump's repeated, unlawful (and impeachable) attempts to obstruct the Special Counsel's federal investigation;
  • Speaking of House testimony, the Oversight Committee voted on Wednesday to subpoena Trump's senior adviser Kellyanne Conway for testimony following a recent finding from the Trump-appointed head of an independent federal watchdog agency recommending Conway be fired for multiple violations of the federal Hatch Act. That Federal law bars public officials from using their office for partisan campaign purposes. Conway failed to show up voluntarily on Wednesday, so will now face a subpoena forcing her to do so --- at least in theory. Trump has refused to fire Conway, despite her repeated violations of the law, and his White House has, so far, taken extraordinary (and likely unlawful) measures to block Congressional testimony by White House officials;
  • Oh, and it was announced today that NRATV is finally shutting down amid internecine fighting, scandal and criminal probes of the terrorist-supporting NRA, which appears to have really shot itself in the foot. We send them our thoughts and prayers at this difficult time;

Then, we're joined once again today by the great MARK JOSEPH STERN, Slate's ace legal reporter and, as the end of SCOTUS' term wraps up before summer, our ever-insightful Supreme Court correspondent! There were a bevy of opinions issued by the Court over the past week, even as most received little fanfare or attention by the media. Trump's war-mongering with Iran and worsening child detention problems on the border are just some of the reasons for that. But also, the biggest expected rulings --- on whether a citizenship question may be added to the 2020 Census, despite Trump Administrations lies about it, and on whether states may employ partisan gerrymandering for electoral advantage --- are still to come at any moment now. In the meantime, while the many opinions issued over the past week, in and of themselves, may not have been marquee rulings, many, as Stern explains, have serious consequences.

More importantly, however, as we discuss today, the new rulings offer some pretty HUGE SCREAMING RED SIRENS about the direction that the Republicans' stolen U.S. Supreme Court now intends to go, with their far-right majority now firmly ensconced. A number of opinions in several of the cases offered some pretty clear projections that this Court intends to overturn decades, if not centuries, of legal court precedent, case law, and even thousands of federal laws in the bargain.

Among the many decisions we discuss in some detail today:

  • A contorted ruling that allows a 94-year old religious monument to fallen WWI soldiers to remain on government property despite being a clear violation of the Constitution's Establishment Clause separating Church and State;
  • The case of an African American man whose death sentence was, thankfully, overturned after a state prosecutor in Mississippi repeatedly excluded African American jurors from sitting on the six different trials the man has, so far, faced for a case of multiple murders that it seems quite likely he had nothing at all to do with;
  • An opinion that overturns decades and perhaps centuries of property rights case law;
  • Another that comes within a hair's breadth of striking down hundreds, if not thousands of federal laws passed by Congress over our nation's history;
  • And a decision that overturns decades of trademark law which the court found to be FUCT. (We explain on the show, while avoiding any potential FCC language violations in the bargain! You're welcome!)

In all, we cover quite a bit of ground today, with some important details --- far more than I can cover here --- that you should definitely tune in for, if only so that you can't later say nobody warned you!

"This is the term when the Justices pretty much rip up stare decisis," explains Stern, citing the legal term for the custom of respecting court precedent, "or at least get out their lighters and lay the kindling. In a number of cases the conservative Justices have just decided that they've had enough with precedent, they're ready to make the Constitution say what they want it to say. Doesn't matter what previous courts have ruled."

Stern warns: "For the most part, the Justices have been swinging for the rafters. They do not feel hemmed in by many limitations. You're seeing unbridled exercise of judicial power --- the kind of thing that [Chief Justice] Roberts said during his confirmation hearings he would never resort to."

Download MP3 or listen to complete show online below...

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Also: OR GOPers still on run; 'COVFEFE - Grounds for Impeachment'...
By Brad Friedman on 6/21/2019 6:26pm PT  

On today's BradCast: Iran and the world can breathe a bit easier for the moment, though children held in deplorable, overcrowded unsanitary conditions in U.S. detention centers near the border still may not. [Audio link to full show is posted below.]

At the last minute, reportedly, Donald Trump pulled his punch, thankfully, and called off an attack on Iran in retaliation for the U.S. drone shot down by the Islamic Republic on Thursday. That drone, Iran says, was a surveillance plane flying above its territorial waters. The U.S. contends the $100 million remote-controlled plane with a wingspan the size of a 737, was flying in international air space. But, no matter who has it right, none of this would have happened at all, had Trump not recklessly and stupidly pulled the U.S. out of the landmark anti-nuclear pact with Iran, struck during the Obama Administration along with France, Germany, the UK, Russia and China.

Trump, despite his wildly inaccurate claims about the Iran deal posted to Twitter this morning, was not the only one to show restraint in the matter. Reuters reports that Iran declined to similarly target a 35-man U.S. military aircraft said to have been accompanying the unmanned Global Hawk spy drone near the Strait of Hormuz in the Persian Gulf. Iran also says they sent "repeated warnings" to the drone operator before shooting it down.

Meanwhile, Democrats in Congress are calling for a "step back from the brink of war" by calling for Congressional debate over the issue, even as they've allowed Trump (and other Presidents) to wage war without Constitutionally-required Congressional approval previously. Over at Fox "News", of course, talking heads such as Brian Kilmeade were calling on Trump to bomb the hell out of Iran, as if the host of Trump's favorite morning show wouldn't be affected in the least from his couch in his NY studio by the potential of WWIII breaking out in the Middle East;

While we can breathe a bit easier on that score --- at least for the moment --- migrant children at detention camps being run by the U.S. Government, suffering under deplorable conditions, are not nearly as lucky. While a silly "debate" was waged this past week by Rightwingers pretending to be outraged by Rep. Alexandria Ocasio-Cortez' accurate reference to U.S. holding facilities for migrants as "concentration camps", the Trump Administration's Dept. of Justice was in court stunning judges by arguing that a long-standing legal settlement requiring migrant children be held in "safe and sanitary" conditions, doesn't mean they have to have either soap or toothbrushes, and that sleeping on concrete floors in freezing, overcrowded cells with only a piece of aluminum foil to keep them warm, is just fine.

The Texas Tribune takes advantage of the moment surrounding the disingenuous "concentration camp" debate to round up just a few of the horrific stories reported over the past month that would seem to prove that, yes, these are, in fact, concentration camps. And, if there was any remaining question, the Associated Press filed an horrific account Thursday night of what attorneys found at one such facility near El Paso, where frightened children are being forced to look after terrified toddlers, while going for "weeks without bathing or a clean change clothes." One attorney who represents detained children said: "In my 22 years of doing visits with children in detention, I have never heard of this level of inhumanity".

In Oregon, as we noted yesterday, Republican state Senate lawmakers have left the state to avoid the quorum needed to vote on an important climate change bill supported by Democrats that, if adopted, would help both Oregonians and the planet. Those lawmakers are now being fined $500/day for missing work, as state police have been ordered to try and round them up. It's the second time in weeks that the GOPers have fled the state. Last time it was in hopes of preventing a vote on a $2 billion funding package for schools. The state's Democratic Governor, Kate Brown, foolishly negotiated with the Republicans the first time to bring them back for that vote after four days, by promising to table planned votes on gun safety and vaccines. But, negotiating with terrorists only results in more terror. So, the Republicans have now pulled the same stunt all over again.

Finally, we can't help but notice throughout today's program how much of the chaos and suffering the nation (and world) is undergoing right now might be eased if Donald Trump was simply removed from office for some of his many high crimes. On that note --- and to lighten things up a bit at the end of another grim week --- we close out with COVFEFE - Grounds for Impeachment, a catchy new tune courtesy of Roy Zimmerman and Melanie Harby, as shared with us by Victoria Parks from our Columbus, OH affiliate WGRN! Enjoy!...

Download MP3 or listen to complete show online below...

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Guest: Slate legal reporter Mark Joseph Stern; Also: Trump lauds socialism at 'campaign kickoff'; WH, DoJ nix Hicks testimony in House; Trump EPA to help kill thousands with new roll back of Obama coal regs...
By Brad Friedman on 6/19/2019 6:34pm PT  

On today's BradCast, after what seems like a too-long absence, we're joined again today by Slate legal reporter MARK JOSEPH STERN for insight on the first batch of U.S. Supreme Court opinions issued at term's end this week. [Audio link to show follows below.]

But first today, mercifully brief coverage of Donald Trump's re-election campaign launch in Orlando, Florida on Tuesday night. While the rally followed the same tired pattern of pretty much all of the campaign rallies he's held non-stop since becoming President --- (Remember when the GOP and Fox 'News' used to complain that Obama was holding campaign rallies as President, rather than governing? That was darling.) --- the usual recitation of Trump lies and nonsense also included a fascinating reference to Republican opposition to "socialism" just one mere breath before Trump (falsely) touted GOP support for protecting much-beloved socialist programs such as Social Security and Medicare. The irony, no doubt, was lost on most of his brain-poisoned followers on hand or watching via the Fox "News" disinformation channel.

On Capitol Hill today, Democrats in the House Judiciary Committee finally heard testimony from a former Trump official in the aftermath of the damning Robert Mueller Special Counsel report. Longtime Trump aid Hope Hicks --- who worked with him before his campaign, during it, during the transition and in the White House --- cooperated with the Mueller probe and is cited within it as a witness about 180 times. She agreed to testify today, though only behind closed doors, with a transcript to be released later. However, White House and DoJ Attorneys were also on hand to continue what Committee member Rep. Ted Lieu (D-CA) described as "obstruction of justice in action". The lawyers issued objections to any and all questions related to Hicks' service with Trump as President, asserting "absolute immunity" from such questions. That is a newly invented "privilege" from the White House and DoJ which Lieu described as "not a thing. It doesn't exist." Lawmakers suggest the result will be court action to force Hicks' testimony on her time at the White House, now that she is a private citizen (who works for Fox "News"). Even House Speaker Nancy Pelosi, who is still opposed to opening an official impeachment inquiry, reportedly described the new White House offensive as "obstruction of justice", which --- in case she needs a reminder --- is one of the offenses included in the Articles of Impeachment for both Richard Nixon and Bill Clinton.

Also in D.C. today, the Trump Environmental Protection Agency, now headed by "former" coal industry lobbyist Andrew Wheeler, officially replaced President Obama's Clean Power Plan, meant to curb global warming greenhouse gas emissions from coal-fired power plants, with a new rule that makes the reduction of emissions optional for states. Even while coal plants have been shutting down across the country over the past two years in favor of cheaper, cleaner natural gas and renewable energy production, the Administration is implementing the new rule which, according to the EPA's own analysis, will result in thousands of unnecessary deaths per year. The new rule parallels a similar effort by the Trump Administration to roll back new mileage standards implemented by Obama with the cooperation of the auto industry, which the National Highway Traffic Safety Administration (NHTSA) says will save thousands of lives as well. So, yes, Trump is now purposely killing Americans and lying about it by claiming U.S. air and water has never been cleaner. That, according to actual findings from the Government, is also untrue, as pollution has increased over the past two years since Trump became President.

We're then joined by Slate's Stern for a review of this week's SCOTUS rulings and an explanation for some of the "strange bedfellow" partnerships found in several of them. Among the opinions discussed today...

  • A Supreme Court "punt if I've ever seen one," according to Stern, on a case involving yet another bigoted baker, this time in Portland, who refused to sell a wedding cake to a same-sex couple. The Justices sent that case back down to the lower court for review, though Stern suggests they are largely buying time before being forced to determine, once and for all, whether discrimination against LGBTQ people is Constitutional. "The Court can't duck this forever," says Stern;
  • The largely good news ruling of the week is for voters in Virginia, where a 5 to 4 majority opinion results in new, fairer, more competitive legislative districts in advance of the Commonwealth's statewide elections this November. The Justices held that the GOP-gerrymandered House of Delegates did not have standing to appeal new legislative maps implemented by lower courts to correct 11 districts found to have been unlawfully and unconstitutionally racially gerrymandered following the 2010 Census. Only the state's Attorney General, a Democrat, who initially challenged the ruling on behalf of the state but later declined to appeal the lower court's ultimate ruling, has such standing, the majority determined.

    But the majority opinion, written by Justice Ruth Bader Ginsburg was joined, unsurprisingly, by Justices Elana Kagan and Sonia Sotomayor, and much more surprisingly by Justices Clarence Thomas and Neil Gorsuch! Moreover, the minority dissent, penned by rightwing Justice Samuel Alito was also joined by the normally progressive Stephen Breyer. Stern offers an explanation for what appears to be very strange bedfellows on this opinion, and whether the ultimate outcome --- while very good news for Democrats who hope to take control of one or both chambers in the VA legislature this November --- will be good news or bad news for Democrats and Republicans in the future;

  • We then move to what Stern describes as "a tough but interesting case", for his explanation of the Court's affirmation of what has long been considered a loophole in the U.S. Constitution allowing an exception to its restriction on double-jeopardy cases. In fact, as the Court held in a 7-2 decision, virtually identical indictments may be brought against the same person, for the same crime, so long as they are brought in separate State and Federal jurisdictions, which are considered to be "separate sovereigns". On the minority in this case was another odd couple, Ginsberg and Gorsuch, while Thomas --- who previously decried the Double-Jeopardy Loophole by calling for a "fresh examination" of it --- chose not to vote for ending it when he had the opportunity. He did, however, take the opportunity to write a concurrence in the case, calling for reversing other long-held SCOTUS precedents, such as those which allow women the right to choose to have an abortion. "He used his opinion to launch into this crazy attack on precedent, that was clearly laying the groundwork for an attack on cases like Roe. vs. Wade" and marriage equality;
  • Finally, Stern offers some thoughts on the Court's expected opinion, due any day now, regarding the Administration's attempt to add a question on citizenship to the 2020 U.S. Census. That determination is still expected, despite evidence unearthed after oral argument that proves the Administration lied about their reasons for adding the question, which, according to the Census Bureau itself, will reduce participation. That, in turn, is expected to radically shift government funding and citizen voting power from Democrats and minorities toward white Republican jurisdictions. We discuss that bizarre matter --- and how SCOTUS can possibly rule on the case now, given the new evidence revealed from the hard drive of a now-deceased GOP gerrymandering expert following the Court's hearing months ago --- and a few of the other expected important decisions to come in the next two weeks before the Justices leave town for Summer vacation...

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Court punts on discrimination case, allows VA racial gerrymander fix, leaves Constitution's double-jeopardy loophole in place; Also: Iran pushes back; More bad 2020 news for Trump; Confused anti-choicer rings in...
By Brad Friedman on 6/17/2019 6:57pm PT  

Catching up with a weekend's worth of news in the Trump era plus the new Supreme Court decisions dropped on Monday is no easy feat. But we do our best, on today's BradCast, to get you up to speed after all of that and the madness yet to come (no doubt) this week. [Audio link to show is posted below.]

Among the stories covered today...

  • A quick update on the case of anti-authoritarian author and journalist David Neiwert who we interviewed on Friday. Incredibly, his Twitter account is still suspended almost a full week since Twitter first took him down due to his use of a graphic on his profile from the cover of his most recent book, Alt-America: The Rise of the Radical Right in the Age of Trump. The image is a Ku Klux Klan mask over each of the white starts on the U.S. flag, which the anti-KKK author is being told he must remove because it's considered a hate symbol. He still refuses to do so, and Twitter has yet to reassess it's ill-considered policy;
  • Next, Iran has announced that, in the next 10 days, it is speeding up nuclear enrichment and will exceed the levels of uranium allowed under the landmark seven-nation anti-nuclear agreement brokered during the Obama Administration, following the Trump Administration's unilateral withdrawal from the treaty last year and his subsequent violations in restoring crippling sanctions against the Islamic Republic. With what had been a very good deal now broken by Trump, the Administration continues to saber rattle against Iran, with AP reporting late today that the U.S. plans to send an additional 1,000 troops to the Gulf;
  • Back home, the U.S. Supreme Court has begun releasing its end of term opinions. Among those released today, the Court ducked a ruling concerning yet another baker --- this time in Portland, Oregon --- who refused to bake a cake for a same-sex wedding. Sending the case back down to the lower court also likely means they will avoid having to make a decision on it during their next term, which ends smack dab in the middle of the 2020 Presidential election season;
  • More substantively, for the moment, good news for Democrats as the Court allowed a lower court ruling to stand in Virginia, where Republicans were found to have used unlawful racial gerrymanders in drawing state legislative seats after the 2010 census. The lower court has imposed fairer maps that will now be used, for the first time, in the Commonwealth's statewide elections this November. (VA holds "off-year" elections, so the entire House of Delegates will be on the ballot when one or both of the General Assembly's chambers could finally be taken over by Democrats with new, fairer maps in place.) The Supremes let the lower court ruling stand after determining that the gerrymandered GOP House of Delegates did not have standing to intercede after the state's Democratic Attorney General chose not to appeal the new maps mandated by the lower court. The 5 to 4 decision, however, was a mix of very strange bedfellows, with liberal Justice Ruth Bader Ginsburg writing for the majority and supported by Justices Sotomayor and Kagan (not a surprise) along with Thomas and Gorsuch (very much of a surprise!). That also left the usually progressive Stephen Breyer siding with the rest of the Court's right-wingers. Though we speculate on that strange mix of votes, we hope to have more insight later this week;
  • And in the last of the SCOTUS matters for today, the Court also ruled on a case of double-jeopardy regarding a man facing prison time from both the state of Alabama and the federal government for the same crime. What has become a loophole in the U.S. Constitution's restriction against being tried twice for the same crime will remain in place, despite the dissent from --- another odd couple --- Ginsburg and Gorsuch who both dissented. But that bad news for civil libertarians who had hoped to close that Constitutional loophole once and for all with this case, is good news for those who fear Donald Trump may pardon members of his crime syndicate, like his former campaign chair Paul Manafort. He is currently facing years in federal prison, unless pardoned by Trump. But, due to the Constitutional exception that allows similar crimes to be tried against the same person at both the state and federal level, even if pardoned, Manafort would be forced to face the fraud charges currently filed against him by the state of New York;
  • And, speaking of politics and Trump-related criminality, a new survey by the President's favorite fake news outlet, Fox "News", finds at least five of the top 2020 Democratic Presidential candidates are defeating him in NATIONAL polling, with former Vice President Joe Biden and Sen. Bernie Sanders currently dusting Trump by about ten points each. Also besting Trump in the new national poll currently --- well over a year out from the actual election --- are Senators Elizabeth Warren and Kamala Harris, as well as South Bend, Indiana Mayor Pete Buttigieg, though their leads are within the poll's margin of error. The new Fox poll echoes similar findings from Quinnipiac last week. So we offer similar warnings about the misleading nature of national polls (we don't have a national election! Just ask Hillary Clinton!), especially those taken 17 months before Election Day and before Democrats have even held their first debate (scheduled for next week);
  • In perhaps more noteworthy polling news, there has been a steep and quick rise in support for official impeachment hearings --- at least among Democrats --- as revealed by a new NBC News/Wall Street Journal poll. And, with that, pressure for impeachment continues to rise in Congress as well, according to comments from Democratic New York Rep. Alexandria Ocasio-Cortez who discussed the matter over the weekend on ABC's This Week. We share part of her remarks from Sunday in which she (correctly) argues that "impeachment is incredibly serious and this is about the evidence the President may have committed a crime, in this case, more than one." Rebutting the political considerations that have, so far, prevented U.S. House Speaker Nancy Pelosi from allowing the Democratic caucus to begin an official impeachment inquiry in the House, AOC adds: "Our decision on impeachment should be based in our Constitutional responsibilities and duties and not in elections or polling";
  • Finally, with the little time we have left today, we open up the phones to some calls, which is mostly eaten up by a woman who appears to be very confused in her "pro-life" anti-abortion argument about how conception actually occurs, as she cites her Christian religion for why women should not be able to decide for themselves regarding personal health care decisions.

Good luck with that! And enjoy today's program...

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Guest: NBC 7 San Diego's Ramon Galindo; Also: Callers ring in...
By Brad Friedman on 4/29/2019 5:50pm PT  

Saturday's Passover shooting at a synagogue in Poway, California, just north of San Diego, was only the latest in a rising spate of Rightwing extremist hate crimes --- rising even over the past week alone! --- as discussed on today's BradCast. [Audio link to show follows below.]

We're joined today by NBC 7 San Diego reporter RAMON GALINDO, who spent the weekend covering the shooting at Chabad of Poway, which took the life of 60-year old Lori Gilbert-Kay and injured three others, including the congregation's Rabbi, after a 19-year old armed with a military-style assault rifle opened fire during Shabbat services. The alleged shooter, who was arrested while fleeing, is said to have been inspired by both the recent attack on two Muslim mosques in New Zealand, where 50 were killed, and the Tree of Life synagogue shooting in Pittsburgh which killed 11 worshipers exactly 6 months ago.

The shooter at Chabad, who posted a "manifesto" just prior to the attempted massacre, is also said to have been responsible for an incident of arson at a nearby Muslim mosque in late March, according to Galindo who broke the story of that fire for NBC San Diego last month. In addition to bringing us up to the latest, including charges that have now been filed, Galindo offers insight on a number of the heroes in the story who he spoke with over the weekend, including both Gilbert-Kay and Oscar Stewart, an Iraq vet and congregant who reportedly ran toward the shooter to stop him as others were fleeing. It was, in fact, a good guy WITHOUT a gun who appears to have prevented far more carnage, though an armed Border Patrol officer at the service reportedly fired shots at the shooter's car as he was speeding away.

We've got a lot to unpack on all of this today, with both Galindo and listeners who call in with their own thoughts and reactions to the shooting (including one woman who lives in the neighborhood), the White House response (denying Donald Trump's obvious responsibility in helping to hasten the rise of white supremacists and other rightwing extremists) and even some thoughts on the Obama Administration's willingness to fold to reactionaries on Fox 'News' and in the Republican Party by withdrawing his own Dept. of Homeland Security's dire draft report [PDF] on the dangerous rise of lone wolf rightwing domestic terrorism in April of 2009.

That (shamefully) withdrawn report stated: "DHS has concluded that white supremacist lone wolves pose the most significant domestic terrorist threat because of their low profile and autonomy --- separate from any formalized group.” (No such fury was issued by the right after a similar report on the dangers of leftwing extremism was issued before it. Both reports were begun during the George W. Bush Administration. Moreover, as Daily Beast reported earlier this month, the Trump Administration has been disbanding DHS efforts to work with state and local officials on issues of white supremacy and domestic terrorism.)

We also talk with Galindo about the editorial decision by some in the media to not share --- or, at least, over use --- the suspects name and why neither of us did so today. As noted, there is much to discuss on today's program...

Download MP3 or listen to complete show online below...

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Guest: Author, election law professor Joshua A. Douglas; Also: Notre Dame Cathedral burns; Trump flouts the law, endangers Congresswoman; Buttigieg makes it official; GOPers in AR and TN move to game elections...
By Brad Friedman on 4/15/2019 6:22pm PT  

Among the many stories we cover, before getting to our guest on today's BradCast --- as one institution after another feels as if they are burning to the ground, either literally or metaphorically [Audio link to full show is posted below]...

  • The historic, 850-year old Notre Dame Cathedral in Paris was engulfed in flames today during renovations, with its famous spire and two-thirds of its roof collapsed, but its famous bell towers and Rose Windows hopefully spared;
  • The Dept. of Justice confirmed that, almost a month after Special Counsel Robert Mueller turned over his report on alleged Russian interference in the 2016 election, the Trump Campaign's coordination with the effort, and obstruction of justice by Donald Trump himself, a redacted version of the 400-page report would be given to both Congress and the public this Thursday;
  • Congressional Democrats on the House Ways and Means Committee have agreed, for some reason, to extend their deadline for the IRS to turn over six years of Trump's tax returns until April 23, as the Administration continues to blatantly flaunt the decades-old federal law requiring the requested materials be given to Congress;
  • Death threats continued against Rep. Ilhan Omar (D-MN) after the President of the United States posted a video on his Twitter feed which repeatedly used an out-of-context remark from the Somali-American Muslim Congresswoman to tie her, incredibly enough, to the 9/11 attacks, even after a Trump supporter last month was charged for calling her office to describe her as an "fucking terrorist" and vowing to "put a bullet in her fucking skull";
  • The 21-year old son of a white sheriff's deputy in Louisiana was officially charged with hate crimes after an arson spree which recently burned down three African-American churches in the state over 10 days;
  • And, on a far more more hopeful note, the 37-year old, openly gay, Afghanistan war vet and South Bend, Indiana Mayor Pete Buttigieg officially announced his run for the Democratic nomination for President over the weekend.

Next, speaking of elections, and before we are joined by our guest today, University of Kentucky College of Law election Professor JOSHUA A. DOUGLAS, a story of GOPers making it more difficult to register voters in Tennessee, and another on Republican state lawmakers working to make it next to impossible for progressives in Arkansas to place citizen initiatives on the ballot, after the state voted to increase the minimum wage via a ballot measure in 2018.

Douglas, author of the brand new book Vote for US: How to Take Back Our Elections and Change the Future of Voting, details a few of the stories from his book revealing how regular citizens in recent years have succeeded in pushing for local and state measures that have resulted in the expansion of the franchise, even in the face of the dark forces hoping to restrict access to the voting booth.

He shares, for example, the story of the Kentucky man who lost his right to vote for life in the state for stealing a car as a teenager decades ago, who was able to encourage his state's legislature to change the law to re-enfranchise those who have completed their sentences. And the story of the woman in Michigan whose anti-gerrymandering ballot initiative was adopted by voters last November. Both stories are told in more detail in his book. With so many stories in the news (and our program!) of voting rights being taken away or otherwise restricted, its important for folks to understand they can actually change that equation without relying on Congress or even major civil rights groups, often by taking action themselves.

"What I like to focus on, in addition to the doom and gloom that seems to invade our psyche with respect to the right to vote, are the positive stories of progress and success," Douglas tells me. "There's power in these inspiring stories that I tell in the book about ways to make our voting process more convenient and inclusive. We can quibble about some of the details, but hopefully the overarching message that we need to take back our elections through local grassroots work can really take hold."

With those hopeful notes, Douglas offers a list of groups and initiatives in his book who readers can contact and be inspired by to take action in their own home towns and states. We also discuss several emerging initiatives to expand access to voting, such as restoring voting rights to the incarcerated and even lowering the voting age to 16 (which is already being done for local elections in several jurisdictions!), as well as a number of initiatives on which we do not agree. That, of course, underscores the beauty of democracy...when we can actually find it. (Oh, and here's the link to where you can buy the book and a ticket to Josh's June 20 appearance at The Last Bookstore appearance here in L.A., as mentioned on the show!)

All of that, and even a quick --- rhyming --- listener call on today's program!...

Download MP3 or listen to complete show online below...

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Guest: ACLU's Phil Aroneanu; Also: Nielsen out at DHS, as Trump's far-right agency purge rolls out amid immigration crisis; Callers ring in...
By Brad Friedman on 4/8/2019 6:19pm PT  

On today's BradCast: Two tracks, plus callers, as the Right ascends at the White House and the ACLU's fight to restore civil and Constitutional rights finds its way into the 2020 President campaign. [Audio link to show is posted below.]

The hardliners are rising at the White House today, as Trump continues to purge top officials from several different key agencies, including the sprawling Dept. of Homeland Security (Sec. Kirstjen Nielsen was forced to resign on Sunday); Immigration and Customs Enforcement (Ron Vitiello, Trump's nominee to head the agency was suddenly withdrawn last week after already clearing a key Senate hurdle); U.S. Citizenship and Immigration Services (both its Director and General Counsel were purged today); the Secret Service (its Director Randolph "Tex" Alles is now said to be leaving); and the bloodbath is continuing at other agencies as well. All of that as the number of families seeking asylum at the southern border continues to increase despite --- or, perhaps, because of --- a number of failed Trump Administration policies.

Moreover, on Monday, the foreign policy hardliners at the White House are ascendant at well, as the Administration is announcing its designation of Iran's Islamic Revolutionary Guard Corps as a foreign terrorist organization. It's the first time the U.S. has designated a foreign government entity in such a way, and the move is reportedly opposed by top Pentagon and CIA officials who fear blow-back to American troops and intelligence operatives abroad. Indeed, Iran has already responded by calling for U.S. Central Command, which oversees operations in the Middle East, to be designated as a terrorist organization in response.

Amidst this latest disturbing lurch to the hard-right by the Trump Administration, some of us continue to look forward to 2020 when voters can, hopefully, do something about it. To that end, for the first time in its storied history, the American Civil Liberties Union (ACLU) is jumping into electoral politics in a major way this year, recently announcing they are spending $30 million to help get 2020 candidates on the record when it comes to a number of important issues for civil libertarians, including some that are quite thorny politically.

For example, the group's new national RightsForAll.us campaign seeks to force candidate to answer as to whether or not they support decreasing the bloated U.S. prison population by 50 percent (and, if so, how); allowing the incarcerated to vote (currently, only Maine and Vermont do so); and whether they would supporting overturning the Hyde Amendment (which bars the use of federal funds for abortion, other than in cases of rape, incest or protection of the life of the mother).

We're joined today by the ACLU's Digital Organizing Strategy Director PHIL ARONEANU to discuss the initiative, including whether some of the "thorniest" questions for candidates (as available at the campaign's website) on Voting Rights, Criminal Justice Reform, Immigrants' Rights and Reproductive Freedom might, in fact, become a liability for those candidates if they answer them one way or another. That, in an age when one of the greatest threats to civil liberties and Constitutional rights clearly continues to be the man in the White House, who Democratic candidates will have to defeat to see any possibility of the restoration of such rights.

So, how does the ACLU, a non-partisan organization, respond to some of those questions and concerns? Tune in for my conversation with Aroneanu today to find out.

Then, we open up the phone lines today for listener thoughts on all of the above. You'll not be shocked to learn, they have many...

Download MP3 or listen to complete show online below...

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