We wrap up our last BradCast before standing down next week with a bunch of disparate stuff, both good and bad, and even a song to help you whistle as you leave the theater before next week's holiday. [Audio link to full show follows below this summary.]

WE DID START THE FIRE: And we're also responsible for the smoke from hundreds of them in Canada, now threatening the health of more than 100 million Americans. We're also responsible for the record, weeks-long deadly, triple-digit heat wave in Texas now spreading north and east and touching off deadly severe storms along with it. Of course, those who watch Fox "News" and the read their deceptive Fox Weather website will never know who's to blame for it all and who is endangering their lives and those of their great grand-kids. But keeping their viewers and readers dumb and disinformed is the whole purpose of the Fox fake news project. Sadly, we all pay the price.

'CEASEFIRE AND NEGOTIATE!': Happily, it seems the 24-hour mutiny in Russia last weekend --- wherein longtime Vladimir Putin-ally, Yevgeny Prigozhin, gave the game away by declaring that their imperialist invasion of Ukraine was built on lies and was never about either "demilitarizing" or "de-Nazifying" Ukraine --- has helped the scales fall from a bunch of Americans' eyes. New polling from Reuters/Ipsos since the Prigozhin's short-lived insurrection finds a nearly 20-point bump since last month in American support for Joe Biden's policy of helping Ukraine defend themselves. That includes majorities in both major parties as well as independents. That's very good news. And, while I'm unlikely to reach many of the duped rightwingers who have fallen hook, line and sinker for Putin (and Trump) propaganda about the conflict, I am hoping that I might still be able to help some of those on the supposed anti-war Left who have fallen for the same propaganda. I'm talking largely about the "ceasefire and negotiate!" crowd. A few words for them today in hopes of helping a least a few of them understand how they have also been played by the same, authoritarian sources as the rightwingers.

'THIS IS NOT A NORMAL COURT': President Biden was right about that today, at least. We knew after all of the surprisingly good rulings of late from our otherwise corrupted, stolen and packed U.S. Supreme Court majority --- on issues of democracy and voting, in particular --- that it was almost certainly too good to last. As the high court's 2022 term comes to a close, they returned to their corrupted form on Thursday by overturning more than 40 years of precedent to bar Affirmative Action policies in college admissions for all private and public colleges and universities (while exempting military academies for some odd reason). Though it's not easy, we try to make sense of the Court's dizzying 237-page ruling [PDF], including multiple concurrences and dissents, as the far-right activists on the bench --- and those that put them there --- get to cross another long-term project off their list today.

SMOKE GETS IN YOUR EYES: And lungs, from the record shattering Canadian wildfires. At least if you live in any of a whole bunch of states in the mid-west or east this week. That, and more climate news, both good and bad, as Desi Doyen joins us for our latest Green News Report.

THEY DEFINITELY DIDN'T START THE FIRE: But they did, after 34 years, put all news words to it! And not a moment too soon, in my opinion! Yours may vary. Either way, we're happy to close out today's final show before taking off next week over the Independence Day holiday, with Fall Out Boy's brand-new version of a 1989 Billy Joel classic...

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!)

Welp, it was another slow news weekend [insert eyes-rolling emoji here]. But we try to come up with something to cover on today's BradCast nonetheless. [Audio link to full show is posted below this summary.]

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

• Extreme weather and warnings of same walloping much of the nation today, as two weeks of historic triple digit temperatures in Texas spread to other states, resulting in major storms, deadly tornadoes, widespread power outages and cancelled flights from Arizona through the mid-west up into New England and down to the Carolinas and Florida. But if you hear about these seemingly ever-worsening nightmares from some major U.S. outlets --- like Fox "News" (and even ABC, etc.) --- you may hear absolutely nothing about the man-made climate change that is fueling our intensifying global crisis.

• On Friday, Politico finally covered the story that we broke on this show six weeks ago about how Georgia Sec. of State Brad Raffensperger says he will not be installing urgently recommended security upgrades to its horribly vulnerable Dominion voting systems until after the 2024 Presidential election in the critical battleground state. We covered that news exclusively here in mid-May. Politico covered it here on Friday. And my tweet pointing both out was throttled by Twitter over the weekend so that it's nearly impossible to find without a direct link. That is here. (More, hopefully, on this issue tomorrow!)

• Speaking of Georgia, a federal judge has ordered Rudy Giuliani to pay the legal fees for the two Atlanta election workers --- Shaye Moss and her elderly mother Ruby Freeman --- who are suing him for defamation after he (and Trump, and the rest of the MAGA crew) falsely accused them of committing fraud in the ballot tabulation room during the 2020 Presidential election.

• Curiously enough, the far-right, wildly corrupted U.S. Supreme Court keeps making not terrible rulings at the end of this year's term. Today, a challenge to a ruling on a case out of Louisiana, where a federal court mandated an additional black majority U.S. House district, was rejected. The case will be sent back to a lower court. If the lower court rules as SCOTUS did a few weeks ago --- when they stunned the world by upholding the Voting Rights Act and requiring another black majority House district in Alabama --- today's decision could be very good news for those that care about voting rights, the Constitution, and equal representation for all.

• Also today, SCOTUS allowed several lawsuits against Ohio State University to proceed, after it was discovered the school had, for years, protected a serial sexual abuser who served as a team doctor for years. This is probably not good news for OSU's former wrestling coach and serial denier Rep. Jim Jordan (R-OH).

• The lower courts are holding as well, for now. Last week, a federal judge permanently overturned Arkansas' unspeakably cruel ban on gender-affirming medical care for transgender kids, and a federal judge in Florida temporarily blocked Gov. Ron DeSantis' anti-freedom crusade to ban minors from attending drag shows. Amusingly, one of the reasons the judge blocked the new law was because it was in conflict with DeSantis' so-called "Parents Bill of Rights" legislation adopted in 2021.

• Finally today, before opening the phones to listeners, we discuss the bizarre story of whatever the hell happened over the weekend in Russia where, for about 24 hours or so, civil war nearly broke out. That, as Yevgeny Prigozhin, formerly a close ally of Vladimir Putin and commander of the mercenary Wagner Group (arguably Russia's best fighting force in Ukraine), declared Russia's justification for attacking Ukraine --- to demilitarize and de-Nazify the sovereign nation --- to be a lie. Wagner's march toward Moscow, however, ended as quickly as it began, with Putin theoretically granting Prigozhin safe harbor in Belarus, even if both his future and those of the troops in the Wagner brigade remain uncertain at this hour. We open the phones with what is left of today's show to discuss what the hell is going on and where both Russia and Putin's fortunes may be heading from here...

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!)

On today's BradCast: Yes, some actual, unqualified good and, frankly, surprisingly good news from our otherwise wildly corrupted U.S. Supreme Court on voting rights and racial gerrymandering! [Audio link to full show is posted below this summary.]

Last year, following oral argument at the High Court in Allen v. Milligan, a Voting Rights Act challenge in Alabama, pretty much all Court watchers and voting rights advocates thought that Section 2 of the VRA was in big, big trouble. That, after the Supremes had already gutted Section 5 of the Act in the Shelby County case back in 2013 and have been nibbling away at the rest of the landmark 1965 law ever since.

But on Thursday, Chief Justice John Roberts and Justice Brett Kavanaugh actually joined with the Court's three liberals in a 5 to 4 majority opinion [PDF], upholding a lower court ruling by a three-judge panel --- including two Trump appointees --- which had determined that Alabama must rewrite its redistricted Congressional maps after the 2020 Census to include a second majority Black U.S. House District.

Early last year SCOTUS had used the "shadow docket" to temporarily put the lower court's ruling on hold without a hearing, allowing the 2022 elections to move forward with just one out of AL's seven U.S. House Districts having a Black majority, despite African-Americans comprising some 27% of the state's population. That ruling --- along with tea leaves read from oral argument last year and Roberts' history of working to dismantle the VRA --- led many to believe the Court would permanently allow the state's racial gerrymander to remain in place, effectively overturning the ban on election laws and House maps created with a racially discriminatory intent.

Alabama's GOP gerrymander had been challenged as a violation of both the Constitution and Section 2 of the VRA, after the Supremes' previous gutting of Section 5 of the Act removed the mandate for jurisdictions to demonstrate in advance that new election laws did not discriminate on the basis of race. Challenges under the Act may still be filed under Section 2, but only after the discriminatory voting measure has been enacted.

The Court's actions last year also allowed similar racial gerrymanders in several other states, including Louisiana, Georgia, Texas and elsewhere, resulting in the GOP winning a razor-thin 5-seat majority in the U.S. House in November.

Thursday's stunning decision, according to experts, could net Democrats as many as four or more seats in the House in the 2024 elections, and is likely to affect ongoing legal challenges in as many as 10 states.

Our guest on today's program believes that, "Gerrymandering and redistricting was one of the big reasons why Republicans probably had about a net gain of between 12 and 15 seats [last year] when you look at the various partisan gerrymanders and the various racial gerrymanders that the Court allowed."

We're joined today to discuss all of this, the details of how it happened, and what it appears to mean going by forward by a stunned DAVID DALEY of FairVote, where he is an expert on gerrymandering and author of two different books on the topic.

"I don't even know what to say," Daley explains at the top of our conversation. "I'm so used to delivering the bad news, and all of a sudden I'm a doctor telling you you're going to live forever. This is an unusual role for me."

But, don't worry. Daley is still able to share a number of concerns about several other cases with opinions coming soon from SCOTUS, despite today's unreservedly good news for voters, voting rights, and the future of the not-dead-yet Voting Rights Act!

THEN, with today's excellent news that may well result in Democrats regaining the majority arguably stolen from them by unlawful GOP gerrymanders last November, the current GOP majority in the House is busy eating itself alive. The party's far-right flank has mounted a mutiny on the House floor this week, in rebellion against Republican House Speaker Kevin McCarthy's debt ceiling deal last week with President Biden to avoid the first-ever default of the U.S. Government. And it's all quite hilarious.

FINALLY, Desi Doyen joins us for our latest Green News Report, as the worsening affects of our climate crisis are now choking Americans across much of the east coast and midwest with toxic smoke from hundreds of record, out-of-control, Canadian wildfires blanketing much of the nation. We also cover the Biden EPA's long-overdue upgrades of Jackson, Mississippi's water system and the ecological disaster in the wake of the destruction of a critical dam in Russian-occupied Ukraine.

[NOTE: Today's program was completed just prior to the breaking news late today of Donald Trump's reportedly 7-count federal criminal indictment in Special Counsel Jack Smith's probe in the disgraced former President's stolen documents case. We'll pick up on that historically good news, no doubt, next week!]

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!)

On today's BradCast: Amidst all the madness, we take a moment to revisit a continuing stain on the nation and what can be done about it, with a longtime friend of this program. [Audio link to full show is posted below this summary.]

FIRST UP, however, a few news headlines...

• The cost of our climate crisis strikes home for a huge swath of the nation, as smoke from hundreds of Canadian wildfires chokes American states from Minnesota to New York to the Ohio Valley to the Carolinas.
• Joe Biden's EPA announces it is sending $115 million to Jackson, Mississippi to begin repairing the city's long deteriorating water system. It's the first of some $600 million Congress has allocated to support long-overdue water infrastructure upgrades in the state's capital city, where more than 80% of the population is Black and drinking water supplies have repeatedly failed in recent years.
• The corrupt U.S. Supreme Court Justice Clarence Thomas has asked for another 90 days before filing his annual financial disclosures, following months of brutal investigative reporting revealing hundreds of thousands of dollars worth of his undisclosed luxury vacations, real estate deals and more with billionaire GOP megadonor Harlan Crow.

THEN, we're joined by Alabama's former Democratic Governor DON SIEGELMAN, who recently penned an op-ed at Washington Post with the state's former Republican Governor Robert Bentley. As explained in their piece, both men have come to "regret" overseeing executions during their time as the state's chief executive after witnessing, first hand, "the flaws in our nation's justice system" during their own prosecutions.

Siegelman discusses one death penalty case in particular, the 2000 execution of Freddie Lee Wright, which he says he is now "personally haunted by", telling me today that Wright "should never have been charged with capital murder in the first place. He was exonerated by a jury, 11-1 voted to acquit him of this crime. Then the D.A. came back and struck Blacks from the jury and got a conviction."

There are many other such cases, and he details a few of them. In fact, while AL currently has 167 people on death row, both Bentley and Siegelman write that "at least" 146 of them should have their death sentences commuted. Siegelman tells me he believes all of them should be spared from the barbaric practice of state execution.

He and Bentley are calling for several reforms of the criminal justice system, particularly as it applies to the death penalty. Siegelman details reforms he seeks for the secret Grand Jury system and the outrage of "judicial overrides" that allowed judges to overrule juries to issue death sentences and the lack of unanimous verdicts required for sentencing a convicted criminal to death.

Siegelman also discusses the politics of the death penalty, including during the time that he held the power to block executions as Governor. We discuss that awesome and horrible power as it is wielded by government officials today, even after all that we now know about the racial injustices of a Jim Crow era system that disproportionately targets people of color and has been found to have been exercised against innocent people in the cases of at least 12% of those who have been put to death.

"Here we are in 2023, still using a method that was devised after the Civil War as a way of thwarting a Black juror. The white power structure at the time had a unanimous verdict. But they said, 'No, you know, with Blacks being able to be on a jury, we can't risk not being able to put somebody to death when we want to, so let's go with a non-unanimous jury.' So that's where this relic of the Jim Crow era came from. It was purely a racist process."

"It is just wrong, certainly morally wrong, for Alabama or for any other state. Now Florida has even lowered the bar," notes Siegelman, citing a bill recently signed by Gov. Ron DeSantis. "Alabama has a 10-2 verdict. Florida has an 8-4 verdict, to make it even easier to put people to death by this relic of the 1870s."

"Until I was actually convicted of something that didn't exist except in the minds of the prosecutors, I thought that our system would somehow or another work itself out and be fair," he tells me. "But at the moment that I heard the word 'guilty' from the foreman of my jury, I said a prayer. It was instantaneous, more like a flash, asking God to forgive me because I remembered setting execution dates as Attorney General. And I remembered those that came before me while I was Governor asking that their sentences be commuted."

"But it wasn't even then that I realized how perverted our system of justice is. If in everything there is a purpose, or in every situation one should find a purpose, it was as if God was telling me, 'Okay, Governor, you see what's wrong. Now go fix it.'"

NOTE: We have covered Gov. Siegelman's personal story many times over the past two decades, before, during and after his time as a political prisoner as he was targeted for prosecution by a corrupt Republican cabal, including Karl Rove, state officials, and a federal judge who was eventually forced to resign after being arrested for beating his wife. Alabama's Governor from 1999 to 2003 and the only Democrat to serve in every statewide office, Siegelman tells his story in full in his 2020 book, STEALING OUR DEMOCRACY: How the Political Assassination of a Governor Threatens Our Nation.

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!)

After more than twenty years of rolling back corruption and bribery statutes, is it any wonder, as our guest on today's BradCast observed in his latest op-ed, that the U.S. Supreme Court is now "blind to its own corruption"?

BUT FIRST, Florida Governor Ron DeSantis is announcing his 2024 Presidential run today, and corporate media outlets are focusing on his horse race with the disgraced former President. We mark the day, however, by focusing on several of the latest victims of DeSantis' Big Government weaponization against people of color and the LGBTQ+ community. That, by a guy whose 2022 re-election slogan in Florida was, laughably, "Freedom Lives Here".

DeSantis deserves credit for leading the way for other, similarly gerrymandered and GOP-controlled states which have begun to adopt many of the same, hateful, Big Government "cancel culture" statutes that, in Florida, have resulted in banned books, muzzled teachers, lost rights, vile threats against those who support freedom and travel warnings issued for those visiting the Sunshine State.

Today, the effort is playing out in terroristic threats against Target employees; an investigation of a Florida grade school teacher for showing an animated Disney film to her class; and the removal of The Hill We Climb --- a poem by Amanda Gorman which she read at Joe Biden's 2021 inauguration --- from a grade school library. That's just a sampling of some of the latest victims of DeSantis' cruel agenda during his tenure as Governor.

As California's Democratic Gov. Gavin Newsom tweeted in response to Target's removal of items from its Pride Month collection under threats from the MAGA right, "Wake up America. This doesn’t stop here. You’re black? You’re Asian? You’re Jewish? You’re a woman? You’re next."

THEN, it's back to the seemingly never-ending, decades-long corruption of U.S. Supreme Court Justice Clarence Thomas and some similar, recently revealed corruption by Justice Neil Gorsuch and even Chief Justice John Roberts who, by and large, refuses to do anything about any of it.

There's an explanation for that, argues RANDALL D. ELIASON, George Washington University Law School professor and former chief of the fraud and public corruption section at the U.S. Attorney’s Office in D.C.

"Over more than two decades, the Supreme Court has gutted laws aimed at fighting corruption and at limiting the ability of the powerful to enrich public officials in a position to advance their interests. As a result, today wealthy individuals and corporations may buy political access and influence with little fear of legal consequences, either for them or for the beneficiaries of their largess," Eliason argued in a New York Times op-ed over the weekend, adding: "No wonder Justice Thomas apparently thought his behavior was no big deal."

Today, Eliason tells me, "the Court itself has contributed to a legal environment over the last twenty years, where, at least as far as the Court is concerned, many of the things that are going on are not, in fact, corrupt, because they've taken this extremely narrow view of what corruption is." Essentially, he explains, cases such as Citizens United v. FEC; United States v. Sun-Diamond Growers; Skilling v. U.S.; and McDonnell v. U.S. have all greatly narrowed the definition of corruption to largely nothing less than a very specific quid pro quo bribe where a politician promises a very specific official act in exchange for payment.

That means, as some on the Court may now see it, long-term relationships where a GOP megadonor like Harlan Crow has sponsored hundreds of thousands of dollars in undisclosed luxury travel for Thomas, or purchased his mother's house, improved it, and allowed her to live there rent-free to this day, or even paying private school tuition for Thomas' grand-nephew, is not seen as "corruption" if it wasn't in return for a specific thing. Even Thomas' wife Ginni can receive tens of thousands of dollars in payoffs by far-right activists, and it's not considered corruption.

"These long term relationships, where wealthy donors can shower a politician or a Supreme Court justice with huge gifts over years --- that's okay. At least it's not criminal, unless prosecutors can prove beyond a reasonable doubt that one particular gift was because of one particular thing they did," Eliason explains, detailing how the Court has cloistered itself into a world where all of this is somehow okay.

"The reality of corruption is usually much more subtle that that, and pervasive than that. It's a long-term 'You scratch my back and I'll scratch yours' kind of arrangement. 'I'll give you these fancy trips and gifts and things over time, and then when things happen to come up that I'm interested in, you'll do the right thing for me, and we don't even have to talk about it. We don't have to have an explicit deal, it's just an understanding between us.' That's what real-world corruption is like. But for more than twenty years, the Court has issued a series of opinions that have largely put arrangements like that --- like the arrangement between Harlan Crow and Clarence Thomas --- out of the reach of the law."

We've got a lot to discuss on these matters with Eliason today, including his suggestions for how Congress could fix this clearly broken and corrupt system, even as the Chief Justice suggests (inaccurately) that doing so would somehow be a violation of the Constitution's Separation of Powers doctrine. Ironically enough, if Congress finally does manage to legislate ethics reform for the Court and someone did challenge it as unconstitutional, guess who would get to be the final arbiter? "I wonder how they are going to rule?," quips Eliason...

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!)

On today's BradCast: Our former President is slimier and even more racist than you knew. And Fox "News" is at least as slimy and racist as you thought. [Audio link to full show follows this summary.]

FIRST UP, just before airtime, and just as attorneys in Dominion Voting Systems' $1.6 billion defamation suit were literally moments away from beginning opening arguments in a Delaware courtroom, the judge announced the case was over. Fox had agreed to settle with the private voting system vendor, essentially conceding that every claim made on their Republican propaganda outlet, claiming the 2020 Presidential election was stolen from Trump, was actually a lie.

We wade through today's news, even as it breaks this afternoon, in which Fox has apparently agreed to pay $787.5 million to make their problems --- at least in this case --- go away. Star witnesses previously expected to take the stand in the case starting this week had included Fox CEO Rupert Murdoch, and hosts Tucker Carlson, Sean Hannity and Maria Bartiromo. For now anyway, they're off the hook and won't have to testify about the lies they repeatedly told their listeners.

It was unclear as of airtime whether there was more to the settlement agreement. In other words, whether Fox would be forced to inform their brain-poisoned listeners about the lies they were told. But, Fox issued a statement conceding, "We acknowledge the court's rulings finding certain claims about Dominion to be false," and adding: "We are hopeful that our decision to resolve this dispute with Dominion amicably, instead of the acrimony of a divisive trial, allows the country to move forward from these issues."

Dominion's separate defamation suits against Trump's lawyers and liars Rudy Giuliani, Sidney Powell, Mike Lindell and others continue, as does the $2.7 billion defamation suit against Fox, as filed by Smartmatic, another voting system company about which Fox "News" repeatedly and knowingly lied.

Additional problems are expected for Fox in the days ahead, including a bevy of shareholder lawsuits and a campaign by the nation's largest progressive veterans group, Vote Vets, to demand U.S. military installations stop airing the Republican fake news network in common areas. "Nearly one-in-seven of those arrested in relation to the January 6, 2021 insurrection at the Capitol had military backgrounds," the group notes in their ad campaign, "showing the ill-effect of disinformation among military and veteran communities."

NEXT UP (after a quick note on the scheduled start next week of columnist E. Jean Carroll's rape and defamation suit against Trump in New York), have you noticed those weird comments that Donald Trump keeps making in regard to Special Counsel Jack Smith's name? He's been doing it since just after the prosecutor was tapped to oversee the criminal probes of Trump's January 6 insurrection and the documents he stole upon leaving the White House.

"Jack Smith (nice, soft name, isn’t it?)," Trump wrote on his social media site last November. "Speaking of LEAKS, Special 'Prosecutor' Jack Smith (What did his name used to be?) leaked massive amounts of information to The Washington ComPost," the disgraced former President lied at the same outlet the day before he was indicted on 34 criminal felony charges in New York earlier this month. That night, as he spoke to his supporters back at Mar-a-Lago, he did it again, referencing "this lunatic special prosecutor named Jack Smith," before adding: "I wonder what it was prior to a change?" He then paused for effect, as some of those present shared a knowing, sinister chuckle.

I read and saw all of that as it happened, but had no idea what the hell Trump was insinuating. Neither, apparently, did many in the mainstream media, according to our guest today, author DAVID MARGOLICK, who wrote about it last week at The Nation. He explains that it was part of a long-faded anti-Semitic trope. Notorious racist and Jew-hater Henry Ford deployed it about 100 years ago in his newspapers, and members of Sen. Joe McCarthy's infamous UnAmerican Activities Committee used it as well to tar Jewish entertainers as Communists.

"I thought that it needed to be explained," Margolick tells me today, as he explains it, "because if even someone like you didn't pick up on it, it just shows how ancient this trope is, how largely forgotten it is, and how deeply embedded it is in the psyche of Donald Trump. I think that subsequent generations need to know what was going on with him, and how hard-wired this is with him, that he can't help doing it, even if no one is going to pick up on it."

We discuss the long, grotesque history of the slur in the U.S., and how dangerous it remains, even as many Americans have no clue what it's all about. Some of his supporters certainly do. "The history of this thing should be called out. People should really know what's really going on with him," says Margolick, noting a line from his piece at The Nation, in which describes Trump as "a perfect time capsule of prejudice."

"It's really odious," argues Margolick, discussing what moved him to take a break from working on books about Sid Caesar and Jonas Salk. "It's disturbing that it's going on uncontradicted, and nobody is objecting to it."

FINALLY, Desi Doyen joins us today for our latest Green News Report, with news on the Administration's newly released list of Electric Vehicles that are now eligible for $7,500 rebates, thanks to Joe Biden and the Democrats' landmark Inflation Reduction Act. Also of note in today's report, Germany has finally shut down the last of its nuclear power plants. So, that's a good thing...right?

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!)

If you thought you might have heard the end of Clarence Thomas' year's long crime spree as a lifelong Justice on the highest court in the land, think again. More stunning breaking news of his endless corruption on today's BradCast, along with a whole bunch of other newsworthy stuff.

Among that stuff...

• An incredible 25 inches of rain --- most of it within a period of 6 hours --- fell in Fort Lauderdale, Florida and surrounding areas over the past 24 hours. Desi Doyen joins us to explain WTF is going on. (Got any guesses?)

• Democratic state Rep. Justin Pearson was reseated at the Tennessee State House on Thursday, after the Shelby County Commission in Memphis unanimously elected him to be a temporary replacement for himself after he was expelled last week by the out-of-control, racist, gerrymandered GOP majority. Both he and Rep. Justin Jones (who was reseated on Monday after also being elected unanimously to do so by Nashville's Metropolitan Council) were expelled last week after joining a protest at the state Capitol demanding gun safety measures after 3 children and 3 adults were murdered in a mass shooting at a Christian elementary school in Nashville. The white female Democratic legislator who joined the two Justins in the protest was allowed to remain in her seat. We share some of Pearson's remarks after being selected in Memphis to fill his own seat, and after his return to the House today, where Republicans were debating a bill to censor free speech for college students in the state before they tossed out the rules to end all debate and voted for passage of the pro-Big Government, anti-free speech, racist measure.

• Hey! Texas U.S. Sen. Ted Cruz has a great idea about how to prevent school shootings! Just arm them up with militarized security personnel! "You know, when you go to the bank, and you deposit money in the bank, there are armed police officers at the bank," he declared late last month when announcing his new federal bills to fund armed security guards at the nation's public and private schools. "Why on earth do we protect a stupid deposit more than our children?," he asked on Twitter. And, just days later, you'll never guess what happened at the Old National Bank in Louisville, Kentucky.

• On the upside, all of this pro-murder, pro-Big Government, anti-free speech, anti-democracy GOP idiocy is being noticed by Americans, it seems. Our guest on yesterday's BradCast, Simon Rosenberg, one of the few who turned out to be right that last year's midterms would not result in a "red wave," draws our attention today to some noteworthy new polling. After their first 100 days, the new U.S. House GOP majority has an abysmal approval rating of negative 24 points overall, and are a jaw-dropping 48 points underwater among independent voters. Rosenberg observed that while he "could write a much longer analysis" of the new survey, "it isn't necessary. These numbers are truly terrible [for Republicans], and they are in serious trouble." We'll see if he turns out to be as right about 2024 as he was about 2022.

• Speaking of jaw-dropping. Today's exclusive from ProPublica about even more previously unknown corruption of Clarence Thomas may be even more mind-blowing than their exclusive last week revealing that the corrupt U.S. Supreme Court Justice, "accepted luxury travel from [GOP megadonor Harlan] Crow virtually every year for decades, including private jet flights, international cruises on the businessman’s superyacht and regular stays at his private resort in the Adirondacks" while failing to report any of the hundreds of thousands of dollars in gift travel on his financial disclosure forms, as required by law, for all of those years.

  And now today, we learn that Crow directly paid Thomas actual cash money to purchase the Justice's mother's home and several other lots on the same street that were owned by Clarence. His 94-year old mother is still alive, and still appears to live in the house (rent-free?)that Crow purchased before investing some $36,000 in renovations! Because that's just what billionaire real estate tycoons and GOP megadonors do for their closest personal friends who happen to sit on the U.S. Supreme Court.

  All of that, of course, meshes precisely with Clarence's corruption that we reported on way back in 2011, detailing his unlawful failure to list his wife's $120,000 annual salary from the rightwing Heritage Foundation on his annual financial disclosure forms for some 20 years, and the sweet $500,000 in dark money that his wife Ginni's then-new, non-profit political advocacy group received from Crow back in 2009, just after the infamous Citizens United case was heard by her husband at SCOTUS, and just before Clarence and the other Republican Justices released their opinion in 2010, allowing unlimited dark money to political advocacy groups, like Ginni's, to remain undisclosed.

• Finally, Desi Doyen joins us for our latest Green News Report with news on a massive toxic plastics fire still burning out of control in Indiana; Western water war crunch time on the Colorado River; and the Biden EPA's new plans for turbocharging the EV revolution...

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!)

Ya know, if their ideas were popular, Republicans wouldn't have to work so hard to undermine democracy, would they? An example or three of that on today's BradCast.

Among today's many stories...

• Cowardly Mike Pence's attempt to avoid testifying about Donald Trump's January 6th insurrection to Special Counsel Jack Smith's grand jury is denied by a federal judge.

• Yet another white Republican in Florida is charged with election fraud. Yet again, he was not arrested at gunpoint on camera and hauled to jail like the people of color who Gov. Ron DeSantis ordered rounded up before last year's election, even though they had no idea they had voted unlawfully. The white Republican voter turned himself in to authorities at his own convenience.

• Our corrupt, stolen and packed rightwing U.S. Supreme Court majority has declined to review a ruling by the state Supreme Court in Kansas which found that intentionally discriminating against minority voters was just fine, after state Republicans gerrymandered Kansas City by cutting it into two different Congressional districts in order to dilute the power of black voters.

• In Arkansas, voters have repeatedly made clear through recent rejections of GOP ballot initiatives, that they really really oppose making it more difficult for citizens to put stuff on statewide ballot initiatives and see it adopted by voters. So now, Republicans in the state legislature, giving the finger to voters, have simply passed a new law to make it virtually impossible for Democrats to place measures on the statewide ballot. AR's new democracy-hating Republican Governor, Sarah Huckabee Sanders, happily signed the measure which, on its face, seems to blatantly violate the state's own Constitution. The League of Women Voters of Arkansas and other fans of democracy are now suing to block what the League's President accurately describes as "an attack on direct democracy."

• The 28-year old shooter in Monday's mass shooting --- the 130th of the year so far --- reportedly purchased SEVEN weapons from five local guns shops in Nashville, Tennessee before using at least two of them to kill three 9-year olds and three adults at a private Christian elementary school. All of that while the assailant was said to have been under a doctor's care for an emotional disorder, according to the Nashville police chief. Seven guns, at least two of them semi-automatic assault weapons, and none of it triggered any red flags to authorities. Nonetheless, Republicans in Congress today, according to media reports, still lack the courage to support any new gun safety laws that might make such massacres less likely or more difficult. They are, as Rep. Ted Lieu (D-CA) correctly noted today, "cowards". AND PLEASE NOTE: This is not a problem with "Congress" or "lawmakers in D.C." The problem is Republicans. Period. They do not want to make it more difficult to murder people, while Democrats do. It's as simple as that. If media outlets are unable to call out Republicans, specifically, for fear of sounding "partisan", they are doing a grave disservice to their readers, viewers, listeners and country.

• Finally, Desi Doyen joins us for our latest Green News Report, with news on the weekend's massive tornado(s) in Mississippi; more flooding in California's unending storms; ongoing deadly drought in Somalia; U.N. warning of water wars; and a new global record for clean, renewable energy production...

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!)

Weird. It's almost as if Republicans say one thing but do the exact opposite or something. Especially when it comes to freedom, the First Amendment, personal responsibility, parental rights, Big Government regulations, activist judges legislating from the bench, and...well, tune in to today's BradCast for much more. [Audio link to full show follows below.]

Among the stories helping to highlight all of that today...

• Wingnut children's book author Bethany Mandel made herself famous this week. Not in a good way...but in an hilarious way, as the GOP's silly and desperate Anti-"Woke" Chronicles continue.

• In their ongoing Anti-Freedom Crusade, Republicans have now figured out how to gerrymander the federal judiciary. Following a four-hour hearing this week in a federal courtroom in Texas, Trump-appointed, far-right, anti-abortion activist U.S. District Judge Matthew Kacsmaryk appears on the precipice of legislating from the bench to nullify the FDA by banning the abortion drug mifepristone. The medication was approved by the FDA for use more than 20 years ago and has proven to be incredibly safe and effective ever since. It is used in more than half of the abortions in the U.S. But, as Ernie Canning detailed last month, Kacsmaryk shouldn't even be hearing this unprecedented challenge. It should be tossed out entirely for numerous legal reasons that he helps explain, including lack of legal standing and statute of limitations. Nonetheless, the lawsuit filed by foes of reproductive rights comes after Sam Alito, Brett Kavanaugh and the rest of the corrupted rightwing SCOTUS majority told us just last year, when overturning Roe v. Wade, that they were doing so in order to "return the issue of abortion to the people’s elected representatives." Kacsmaryk may be many things, including "arguably the worst judge in the United States." But he is definitely not an elected representative of the people.

• In news of still more rightwing hypocrisy and lies this week, it turns out that Florida is not "where woke goes to die," as Gov. Ron DeSantis likes to sputter. Actually, it's where freedom, the First Amendment and parental rights, among other things, go to die. This week, the state's Dept. of Business and Professional Regulation filed to revoke the Hyatt Regency Miami's liquor license. Their crime? The venue featured the popular Drag Queen Christmas show last year, allowing entrance by those under 18 if they were accompanied by an adult to see the show featuring stars from RuPaul's Drag Race program on VH-1 and MTV. Parents in Florida now have Big Government to co-parent with them, apparently, thanks to the Presidential ambitions of their hypocritical book banning, First Amendment hating Governor.

• CNN reports exclusively today that "At least two dozen people --- from Mar-a-Lago resort staff to members of Donald Trump’s inner circle at the Florida estate --- have been subpoenaed to testify to a federal grand jury that’s investigating the former president’s handling of classified documents." That, as part of Special Counsel's Jack Smith's federal probe.

• The Atlanta Journal Constitution has a much more explosive exclusive today, however, as based on their interview of five members of the Special Grand Jury in Fulton County, Georgia who, after eight months investigating Trump's conspiracy to steal the 2020 election in the state, unanimously recommended criminal charges for more than a dozen people to Fulton County District Attorney Fani Willis. There's a whole bunch of fascinating details in AJC's detailed report. But the biggest bombshell likely comes at the very end, when one of the jurors tells the paper: "A lot’s gonna come out sooner or later...And it’s gonna be massive. It's gonna be massive." 👀

• Finally, Desi Doyen has our latest Green News Report, with some good news on "forever chemicals", some accountability for the Norfolk Southern rail company and, believe it or not, some very good news regarding renewable energy in Texas. What?! Yes, Texas!...

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!)

We're old enough at The BradCast to remember when Republicans used to at least pretend to believe in things like "personal freedoms." But, now that Florida's Gov. Ron DeSantis is preparing a run for President in 2024, things are getting mighty early 20th-century German-y these days down in the Sunshine State. [Audio link to full show follows below this summary.]

The recently re-elected Governor is on a roll. Most notably, over the past year or so, he has adopted a "Don't Say Gay" law, threatening school teachers with dismissal for referencing LGBTQ issues in public schools, and, more recently, his "Stop W.O.K.E. Act" to prevent discussion of race issues and other things that the all-mighty State decides may make the parents of a white, straight child uncomfortable. Also known (ironically enough) as the "Individual Freedom Act," a federal judge recently cited George Orwell's 1984 in describing the law as "positively dystopian" as it has resulted in the state-ordered banning of library books.

But DeSantis isn't cowed by courts of law or even public opprobrium. Last Friday, his State Department of Business and Professional Regulation (apparently, Republicans now love state regulations too?) filed a 27-page complaint against The Orlando Philharmonic Plaza Foundation, seeking to revoke their liquor license. Why? Well, last December, for the eighth year in a row, they featured a performance of the popular Drag Queen Christmas national tour and "violated Florida statutes" by allowing parents to bring their children, according to the state's complaint. (So much for "parental choice," which GOPers also used to pretend to believe in.)

Perhaps all of that wouldn't be so bad, if Floridians knew they could hold elected officials accountable at the ballot box. Sadly --- and predictably --- the Governor and his henchmen in the state legislator in Tallahassee are working to make that more difficult as well. Last year, DeSantis signed Senate Bill 524. In addition to giving him a personal special "elections crimes" police force (which he immediately abused by ordering the round-up of former felons at gunpoint and on camera for "voter fraud" even though most had been told by the state they were allowed to vote in 2020), the measure also mimics a law recently adopted by Texas that resulted in a huge percentage of vote-by-mail ballots being rejected in 2022.

The new provision mandates that vote-by-mail voters include a drivers license or social security number on their absentee envelope when casting their vote. However, there's no easy way for voters to know which one of those two numbers will match the number on their registration record and ballots will be rejected without a perfect match. The Texas version of the same law --- being pushed as "model legislation" by the far-right Heritage Foundation in several GOP-controlled states --- resulted in preliminary ballot rejection rates as high as 38% in several counties during last year's primaries.

Now, the bipartisan Florida Supervisors of Elections Association, comprised of elected county elections chiefs, are pushing back against the new law. They argue unanimously in a new report [PDF] that it will result in disenfranchised voters, as well as increased costs to counties and security issues for elections.

We're joined today by ION SANCHO, Florida's legendary, former Leon County Supervisor of Elections who served in the elected position for nearly 30 years before resigning in 2016. He explains the many concerns about the new measure and why it is that election officials around the state are so unanimously troubled by it.

"Even though a majority of the Supervisors of Elections are Republicans, they cannot stomach what they see the Florida legislature doing, because it's real simple --- it's not fair," Sancho tells me. "Every Supervisor of Elections in the state can see that this is simply a partisan attack on voters that the Governor is trying to suppress. That offends them."

The new law, he fears, will be "a logistical nightmare" for election officials. "This whole process --- that we carefully spent a decade building to ensure that legal voters could cast and have that ballot counted --- is under direct threat, and by individuals who haven't a clue about how Florida elections work. Because these recommendations came from Heritage Action, the political arm for the Heritage Foundation."

Sancho is hopeful that some of the Republicans in Tallahassee will listen to the elections officials. "Because where this will blow up, the first election under these new rules," will be the state's March 2024 Presidential Preference Primary, "where you've got to two apex Republicans, possibly, on the ballot. And you don't want that election to melt down. These rules could destroy the Presidential primary in Florida. And wouldn't that put some egg on DeSantis' face."

So well respected by his peers that he was selected by them to oversee the ultimately-aborted 2000 Presidential recount in the state, Sancho charges that "Governor DeSantis has really declared war on any human being that has a different political ideology than himself. It's shocking."

Nonetheless, DeSantis, after winning in 2018 by less than half a percentage point, was re-elected to a second term by a landslide last November, even as Republicans elsewhere in the nation had a very difficult election. Why did he do so well last year? Sancho offers his thoughts on that as well today. And, yes, it has to do with the "tremendous impact" of the Governor's new special election crimes police force and a resulting "complete collapse of African-American voting" last year in the state. But that, Sancho seems confident, is likely to turn around in 2024...at least if their votes are allowed to be tallied.

Please tune in for another very clarifying and compelling conversation/warning with the great Ion Sancho today!

Finally today, Desi Doyen joins us for our latest Green News Report, with news on a disturbing chemical train derailment in Ohio; catastrophic heat and wildfires in Chile; EU's successful move away from Russian fossil fuels; and some good news about this year's global investments in clean energy sources versus those in dirty, deadly fossil fuels...

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!)

Late last year, by of way a blistering 139-page order [PDF], Chief U.S. District Court Judge Mark E. Walker agreed that a provision of Florida's totalitarian "Stop W.O.K.E. Act" pertaining to university professors and students should be blocked.

The acronym in the title of the bill --- also referred to, without apparent irony, as the Individual Freedom Act (IFA) --- stands for "Wrong to our Kids and Employees". But, turning to Judge Walker's decision in Pernell v. Fl. Bd. of Governors, it may be useful to understand the intended usage of the word "woke" in Act's title. As defined by Merriam-Webster, it means to be "aware of and actively attentive to important societal facts and issues (especially issues of racial and social justice)."

In pressing for passage and in signing this Act, Florida Governor Ron DeSantis, a current front-runner for the 2024 GOP Presidential nomination, vowed "to fight the woke" in our schools, businesses and government agencies. He and other Republican thought police have perniciously conflated the mere mention of historical truths about societal facts and issues relating to race or social justice with "indoctrination".

Last year, Judge Walker's order in response to the Stop W.O.K.E., aka Individual Freedom Act (IFA), hauntingly cited George Orwell's 1984...

We've got another grab-bag for you on today's BradCast, from the new challenges faced by corporate media during a U.S. House controlled by GOP liars, to more evidence of the former guy's weaponization of the federal government, to still more voter fraud by wealthy white people in Florida.

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

• NBC's Chuck Todd, the usually milquetoast host of Meet the Press, actually stood up to a few lies by accomplished GOP liar Rep. Jim Jordan on Sunday. That is never easy, given the flurry of lies the Ohio Congressman is capable of spewing at light speed. But Todd, who traditionally allows rightwingers to get away with all manner of BS with little if any response at all, did an impressive job this week --- at least for a few minutes --- in calling out several of Jordan's patently false assertions attempting to equate Donald Trump's theft of hundreds of classified documents and refusal, for more than a year, to return them to the federal government, with the discovery by Joe Biden's attorneys of a few dozen such documents from during his Vice Presidency found stored by aides at his former office at the Penn Center and his home in Wilmington, Delaware. We share the tale of the tape.

• Jordan now serves as Chair of the House Judiciary Committee and its silly, newly formed select Subcommittee on "the Weaponization of the Federal Government". The new panel is meant to promote all sorts of QAnon and Fox "News" fantasies and victimization porn about the FBI and DoJ somehow having it out for Republicans. Or something. They will pretend to expose false claims such as the FBI paying millions of dollars to Twitter to censor and ban rightwingers during the Trump years. Or something. Will Democrats and our corporate media be up to the task of countering their nonsense over the next two years?

• If you're looking for actual "weaponization of the federal government", however, look no further than what the disgraced former President did with his appointment of DoJ weaponizer-in-chief Bill Barr as Attorney General. Late last week, the New York Times published a jaw-dropping exclusive on Barr's failed attempt at revealing "deep state liberals" at the FBI and DoJ with the appointment of John Durham as Special Counsel to "investigate the investigators" of Russia's well-documented plot to interfere in the 2016 election. After four years, Barr and Durham have found none of the corruption that Trump and Barr pretended was there. But they did, apparently, find evidence of financial crimes by Donald Trump that, until the Times report just last week, remained their own little secret. Paging Jack Smith.

• Speaking of lies propagated by rightwingers and the corporate media, you may recall that, during the runup to the 2022 midterms, allegations of rampant, out-of-control crime in big "blue" state cities was all the rage. Trouble is, that was mostly lies as well. Now, a new analysis puts some meat on those bones and dispels another longtime rightwing myth. As it turns out, murder rates in "red" states not only far exceed "blue" states, but that has been the case since at least 2000, according to evidence documented by the new report.

• Speaking of elections, yet another wealthy white vote fraudster has been arrested for double-voting during the 2020 election in Ron DeSantis' GOP enclave known as The Villages in Florida. He is the fourth, to date. And you won't believe how easy the penalty was for this guy who, like the others, purposely voted twice. Especially as compared to the people of color who were rounded up at gun point by DeSantis' new "Election Crimes and Security" police force just before last year's elections. Those rounded up and tossed in jail by the GOP Governor and Presidential hopeful's personal police squad were former felons who had apparently been allowed by the state to vote two years earlier, despite a loophole in a new law that bars some former felons from being allowed to vote. They had no idea they were voting unlawfully, unlike the white criminals in The Villages who got off with (less than) a slap on the wrist.

• And speaking of GOP election liars, Kari Lake, 2022's failed, Trump-endorsed gubernatorial candidate in Arizona who lost by 17,000 votes but is still pretending she won, may now be facing legal issues of her own. According to a complaint filed by the state's newly elected Sec. of State Adrian Fontes (D), in a letter sent to the state's newly elected Attorney General Kris Mayes (D), Lake violated state law by publishing the signatures of several voters on Twitter last week. Fontes is seeking a criminal investigation.

• Finally, Desi Doyen joins us for our latest Green News Report, as New Zealand is swamped by stunning, record rainfall; a new study finds building solar and wind projects is now cheaper than using existing coal-fired power plants; Tax payers in Pennsylvania are now on the hook for the clean up of thousands of recently discovered abandoned oil and gas wells; and the Biden Administration reverses a Trump scheme in Minnesota in order to protect a vast wilderness from toxic mining for the next 20 years...

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!)

What a way to "celebrate" Martin Luther King Day this year on The BradCast. Fifty-eight years since the passage of the Voting Rights Act and 10 years since the rightwingers on the U.S. Supreme Court gutted one of its central provisions, our even farther rightwing courts now appear to be gunning for much of the rest of the landmark civil rights voting law. [Audio link to full show is posted below this summary.]

First up today, while GOP-appointed federal judges are finding new ways to allow racial discrimination at the voting booth, Republicans --- including a top election official in upstate New York, and the wife of a U.S. House candidate in Iowa --- are nabbed by the Justice Department for committing mass vote fraud with absentee ballots.

The DoJ announcements in those cases come after a year in which Republicans filed a record number of anti-voting lawsuits --- in hopes of preventing (certain) voters from voting and/or having their votes counted as cast --- under the pretend guise of fighting fraud. They also come just days after Ohio's supposedly "moderate" GOP Governor signed new legislation to make it more difficult for (certain) voters to vote at all in upcoming elections.

Voting rights advocates in the Buckeye State charge the new measure will create barriers to the ballot for the elderly, rural voters and members of the military. But if it makes it more difficult for minority voters to vote, it may soon be impossible for groups like the League of Women Voters or the NAACP or the ACLU to file lawsuits charging violations of anti-discrimination laws under the Voting Rights Act.

When SCOTUS gutted Section 5 of the VRA in 2013 --- the part that required new election laws in jurisdictions with a history of racial discrimination at the polling place to be precleared by federal authorities before they could go into effect --- the rightwing majority on the High Court claimed the provision was antiquated and no longer necessary. Besides, even though thousands of discriminatory laws had been blocked by Section 5 since 1965, there was always Section 2, which blocks racially discriminatory voting laws in all 50 states.

After all, as an ACLU attorney was forced to point out during a federal appeals court hearing this week: “For over 40 years, dozens of federal courts have heard hundreds of Section 2 claims brought by federal plaintiffs.”

Unfortunately, that lawyer was defending the use of Section 2 before a three-judge panel, where she had to add that, “In that time, not one court denied the plaintiffs their day in court because of a lack of private action.”

The hearing in question came this week after a lower, federal district Court judge in Arkansas tossed out a challenge to a new state House district map implemented by state Republicans. The map includes 11 black majority districts, when the population of the state suggests there should be 16 such districts.

But Judge Lee Rudofsky, a Donald Trump appointee, dismissed the challenge to the new map, declaring that Section 2 of the VRA does not allow private individuals and groups, like the ACLU or NAACP, to file suit against such laws. Only the U.S. Attorney General may do so, he held.

As our guest explains today, Rudofsky's court "the first court in the history of the country to find that there is no private right of action" in Section 2. For a host of reasons, it's an absurd argument. And yet, this week at the U.S. 8th Circuit Court of Appeals, according to CNN, two of the three judges on the appeals panel (all of them are Republican appointees) appeared open to the idea that there is no right to private action under Section 2, because the federal statute doesn't specifically say as much. Never mind that private parties have been suing for decades under Section 2, including at the U.S. Supreme Court, where the Justices never said a word against it.

We're joined to explain this newly-attempted GOP voter suppression nightmare by JONATHAN TOPAZ, the ACLU Voting Rights Project staff attorney who served as the trial attorney on the initial case that was tossed by Judge Rudofsky last year.

"I think it's hard for most people to fathom that this is a question that needs to be litigated in 2023," Topaz tells me. "There have been hundreds of cases over the course of Section 2's history litigated by private plaintiffs, and many of those cases --- at least 10 at the Supreme Court, and at least 18 in the 8th Circuit where we were arguing earlier this week --- were brought by private plaintiffs."

"Congress had opportunities --- in 1982 when they amended the Voting Rights Act, as recently as 2006 when they reauthorized the Voting Rights Act --- to correct any mistakes it saw out there as private plaintiffs brought cases across the country, which would have been purportedly in open defiance of what Congress had intended, and Congress never saw fit to correct anyone," he explains.

Topaz goes on to cite a case as recently as 1996 when "five justices of the Supreme Court --- so, a majority --- held that there was a private right of action under Section 2 of the Voting Rights Act." Of course, our newly corrupted, stolen, and extremist rightwing majority on the High Court has had no trouble of late reversing its own precedents whenever they feel like it. So this case, which will almost certainly end up at SCOTUS no matter what happens at the 8th Circuit, could tee up a potentially near-fatal blow to the already teetering VRA.

"Section 2 is one of the crown jewels of American legislative history," Topaz argues today. "It's one of the finest statutes ever passed. Section 2 is absolutely essential in terms of ensuring equal voting access around the country. And we will do everything we can do defend it."

In the meantime, as he observes, this particular fight has prevented the courts from deciding on the merits of the original case, which means that --- even if it's ultimately settled at SCOTUS in favor of the ACLU --- "there will have been several elections taking place with discriminatory maps in Arkansas."

In 1957, in his "Give us the Ballot" speech eight years before passage of the VRA, MLK reportedly said: "So long as I do not firmly and irrevocably possess the right to vote I do not possess myself. I cannot make up my mind --- it is made up for me. I cannot live as a democratic citizen, observing the laws I have helped to enact --- I can only submit to the edict of others."

Happy Martin Luther King Day. It's on Monday.

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!)

On today's BradCast: If the Republican Party wins a narrow majority in the U.S. House following this week's nowhere-near-a-red-wave midterm elections, will it have been because of gerrymandering? Our guest today explains why the answer to that question is unequivocal. [Audio link to full show is posted below.]

First up, however, a few observations on how Fox "News" uses its smartphone app to insidiously further brain-poison followers with rightwing propaganda and disinformation. Today's example: How very encouraging news from the federal government on the economy, with signs that inflation may be easing, sent the stock market soaring. But for duped users of the Fox "News" app, it became just more terrible news about the economy injected straight into their brains.

Next, we get caught up on the latest reported results from the ongoing tabulation of very tight Senate (and Gubernatorial) races in Arizona and Nevada, which, along with the critical December 6th U.S. Senate runoff election in Georgia will determine control of the upper chamber of Congress for the next two years.

Also, an update on the vote counting in Colorado's 3rd Congressional District where far-right Rep. Lauren Boebert --- listed in the New York Times' "Republicans expected to win easily" column this year --- has regained a razor-thin 0.38% lead over Democratic challenger Adam Frisch. That, after she was losing by just 64 votes overnight out of more than 300,000 counted.

In all of those states --- Arizona, Nevada and Colorado --- Democratic advocates are suggesting confidence that remaining untallied votes will secure victories for their candidates in most of those races, including those in which tallies show them trailing at the moment or just barely ahead. I'm dubious about some of those claims, but we'll see if they're right and which of the races end up in recounts as the grueling battles for narrow control of both chambers of Congress continues.

When it comes to the House, however, given the limp performance by Republicans on Tuesday, it's become clear that if they regain a majority there, it will only be due to gaming the electorate through both extreme partisan and racial gerrymandering...with the help of corrupt courts at both the state and federal level.

We're joined once again today by redistricting expert and author DAVID DALEY, a Senior Fellow at FairVote. In an article on this today at The Nation he describes how aggressive --- and frequently unlawful and unconstitutional --- gerrymandering by GOP legislatures in several "red" states following the 2020 Census, in concert with corrupt rulings from the U.S. Supreme Court and several state high courts, is to be credited for what most currently see as a likely, if very narrow, GOP takeover of the U.S. House. He calls it a "rigged House majority.'

"Republicans really won the redistricting wars," Daley tells me today. "Their partisan and racial gerrymanders won them more than enough seats to make up the difference between the two parties in what was essentially a jump ball election. By having gerrymandered maps in Florida, Ohio, Texas, Georgia; by having courts put a thumb on the scales for them in Alabama, Wisconsin, Louisiana and elsewhere; and by having blue state courts not allow Democrats to engage in the same kind of anti-democratic behavior, Republicans were able to take enough seats to take the House."

He explains: "Once you start adding up all of the states that Republicans claimed either through extreme partisan gerrymandering, and what the federal courts and the state courts gifted them; when you take the four seats in Florida, a couple seats in Ohio, a couple in Texas, in Tennessee, and Wisconsin; when you take the seats that Republicans bulldozed or hijacked from independent commissions in Arizona and Iowa, you're looking at somewhere between 12 and 14 seats --- which, I think, will probably end up being something close to twice what the ultimate majority in the House ends up being."

Finally today, Desi Doyen joins us for our latest Green News Report, with news on the rare, late-season Hurricane Nicole, which slammed into Florida's eastern seaboard overnight and a round-up of climate related victories and losses in Tuesday's midterm elections...

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!)

What's left of the Voting Rights Act is in danger yet again, thanks to the Republicans' stolen and packed U.S. Supreme Court majority. But this time, as we report on today's BradCast, the VRA has a new champion on the Court who seems to know how to speak in terms that even corrupt GOP Justices may have a difficult time ignoring. [Audio link to full show is posted below this summary.]

First up today, however, the continuing fallout from Monday's Daily Beast exclusive revealing that Georgia's Republican U.S. Senate nominee and accomplished liar, Hershel Walker, urged a girlfriend to have an abortion in 2009 and paid for the procedure himself. That, despite Walker's staunchly "pro-life" claims and campaign opposition to any and all abortions without exception, even in cases of rape, incest and the life of the mother.

The blockbuster story has rocked GOP hopes of flipping the Peach State Senate seat currently occupied by Democratic Sen. Rev. Raphael Warnock from "blue" to "red" in November and, if true (Walker "flat out" denies the allegations) reveals the former football pro to be an extraordinary hypocrite. More staggering than that, however, is the hypocrisy currently on display by Republican leaders who are standing behind Walker despite the well-documented reporting, revealing that they never actually gave a damn about abortion in the first place. As MSNBC's Chris Hayes correctly observed on Twitter: "I just want to be clear that in the moral cosmology of Herschel Walker and Republicans the accusation is that he paid to have his child murdered."

No worries! According to new reporting, Republicans knew about the allegations long ago and just hoped they wouldn't come to light before November. But now that it has, as we detail today, longtime GOP leaders, pundits and media influencers --- who have long claimed to be "family values" "conservatives" who believe abortion is "murder" --- have come up with all sorts of ways to justify their continued support of Walker because they believe they need him to win back a Senate majority next month.

Next: As detailed on yesterday's program, Ketanji Brown Jackson, the U.S. Supreme Court's newest Justice, made a splash during the Court's first day of oral argument in the new term on Monday, in her response to a rightwing challenge to the EPA's authority to regulate water under the Clean Water Act. On Tuesday, KBJ was spectacular once again during a rightwing challenge to provisions barring racial discrimination in voting under the landmark Voting Rights Act of 1965.

KBJ may have out-foxed fellow SCOTUS colleagues in her defense of the VRA, using an "originalist" defense for consideration of race in voting laws. We share the heart of her brilliant argument today, in detailing the Alabama case before the Court. Merrill v. Milligan challenges a unanimous appeals court ruling that the state's Republican legislature violated the Constitution and Section 2 of the VRA by creating just one Congressional District out of seven in the state, in which black voters would be able to select a candidate of their choosing following 2020 Census redistricting. That, despite the fact that more than a quarter of the state's population is black.

The Court of Appeals ordered AL to create a second majority-minority Congressional District in time for the 2022 elections. Instead, state Republicans challenged the ruling at SCOTUS, which, in February, put the lower court's ruling on hold until they could hear the case. (They also blocked a similar ruling in Louisiana, where state lawmakers were also ordered to create a second majority black Congressional District.)

In February, after the dubious SCOTUS ruling that would essentially steal a Congressional seat in AL (and in LA) for Republicans in the 2022 elections, we were joined to discuss it by DAN VICUÑA, longtime National Redistricting Manager at Common Cause. He joins us again today to discuss Tuesday's hearing at SCOTUS; KBJ's ingenious defense of "race conscious" Congressional map-making in response to AL's claim that redistricting should be "race neutral" despite mandates of the VRA and the Civil War's reconstructionist Constitutional Amendments that it is meant to enforce; and what the various potential rulings by the Court's corrupt, far-right super-majority may mean for the future of what is left of the VRA.

"What Alabama is seeking is a fairly radical change to the law and current Supreme Court jurisprudence," Vicuña explains. "It's essentially asking the court to allow a 'race-neutral' drawing of districts. And, as long as you are 'race neutral', it doesn't really matter if a community of color [is] allowed to elect their candidate of choice. They're basically saying the black community in Alabama could have no districts in which they elect their candidate of choice unless it was drawn in a so-called 'race neutral' way. It's a huge change, and I think Justice Jackson was rightfully pushing back in a forceful manner on what would be a significant change and blow to voting rights."

In her argument during Tuesday's hearing, Jackson went back to what the original framers of the Reconstruction-era 14th and 15th Amendments argued at the time of their adoption. And it appears to be the opposite of what AL is now arguing in court. In recent years, Republicans have claimed to support a so-called "originalist" legal theory when determining the Constitutionality of various laws. But now that KBJ has handed them such a theory for defending the VRA, it will be interesting to see if she helps to peel off enough rightwing Justices to stave off this latest attack on the nation's critical voter protection law.

Finally today, there was another procedural win handed down to the Dept. of Justice from the 11th Circuit Court of Appeals in the criminal investigation of Donald Trump's theft of thousands of documents retrieved by the FBI from Mar-a-Lago in August...

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!)