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Latest Featured Reports | Sunday, January 29, 2023
NJ 2022 Computer Mistally Means Loser Actually Won: 'BradCast' 1/26/2023
Also: 'Doomsday Clock' ticked forward; Opposing war and supporting Ukraine; And, 'Russia, please!'...
'Green News Report' 1/26/23
  w/ Brad & Desi
Spate of new studies find climate impacts escalating; Logging banned (again) in Alaskan rainforest; PLUS: 'Doomsday Clock' moved closer than ever to 'midnight'...
Recent GNRs: 1/24/23 - 1/19/23 - Archives...
Republican Dark Money Group's Multi-Million Dollar 'Grassroots' Vote Suppression Scheme: 'BradCast' 1/25/23
Guest: Brendan Fischer of Documented; Also: My ridiculous, couldn't-be-true Santos theory...
'Decisions are Imminent' in Trump Probe, Says Willis in GA: 'BradCast' 1/24/23
Also: Mass shooting spate; Pence found classified docs at home, returned them; Media still failing on Trump document theft story...
'Green News Report' 1/24/23
  w/ Brad & Desi
CA storm damage tops $1B; Offshore wind doesn't kill whales; Disasters displaced 3.3M in U.S. last year; PLUS: Hand-feeding manatees in FL appears to be saving them...
Recent GNRs: 1/19/23 - 1/17/23 - Archives...
Listeners Ring in on Just About Everything. (Everywhere. All at Once.): 'BradCast' 1/23/23
From the debit limit to Biden/Trump docs to mass shootings to Ukraine and much more...
Million Dollar Sanctions Ruling Underscores Trump's Seemingly Never-Ending Litigation Grift
Ernest A. Canning on why nothing less than a criminal prosecution will end it. (Maybe.)
Sunday 'Selective Focus' Toons
Keeping priorities straight in PDiddie's latest collection of the week's best toons...
GOP Targets Ballot Initiatives After 2022 Progressive Wins: 'BradCast' 1/20/23
Guest: Chris Melody Fields Figueredo of Ballot Initiative Strategy Center; Also: Judge orders Trump to pay Hillary, others nearly $1M...
OH's Completely Moderate, Not-Corrupt-At-All Republican Governor: 'BradCast' 1/19/23
Dark money fossil fuel bribery and disen-franchising military voters in the Buckeye State; Also: GOP's dangerous limit debt game...
'Green News Report' 1/19/23
  w/ Brad & Desi
EU's plan to compete with U.S. on renewables; Banks spend billions on fossil fuel despite net zero pledges; PLUS: Dark money led Ohio Repubs to redefine NatGas as 'green energy'...
Recent GNRs: 1/17/23 - 1/12/23 - Archives...
GOP's 'One-Two Punch to Shut Down' House Ethics Watchdog: 'BradCast' 1/18/23
Guest: Public Citizen's Craig Holman; Also: VA Guv kills new EV battery plant, 2,500 new jobs; Kobach fined by FEC as he becomes KS A.G...
GOP Election Denialist Candidate Arrested in NM Shooting Spree: 'BradCast' 1/17/23
What did you THINK would happen?; Also: House GOP to crash economy over debt limit...
'Green News Report' 1/17/23
As CA recovers from epic storms, water wars in U.S. West just beginning; Massive boost to U.S. solar thanks to new Biden/Dem law; PLUS: 1970s Exxon scientists nailed it...
Sunday 'Documenting the Atrocities' Toons
PDiddie curates another first draft of history in his latest weekly toon collection...
Republican Federal Courts Take Aim at VRA Section 2: 'BradCast' 1/14/23
Guest: ACLU attorney Jonathan Topaz; Also: IA, NY GOPers charged with mass vote fraud; OH Guv signs bill restricting voting rights...
Transparency and Public Oversight to the Rescue: 'BradCast' 1/12/23
Hand-count of 2020 Prez race in PA county confirms tally; Also: Garland taps Special Counsel in Biden docs case; Trump still obstructing justice in stolen docs case...
'Green News Report' 1/12/23
Extreme weather damage cost $1T in U.S. over past 7 years; Last 8 years hottest ever recorded; PLUS: Kitchen stove warning results in latest dumb Fox 'News' freak out...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Guest: Down With Tyranny's Howie Klein on progressives wins and losses on Tuesday and those still to come...
By Brad Friedman on 6/3/2020 7:12pm PT  

Sure, I admit today's BradCast is a bit breathless, but you try and keep up with all of this madness happening, breaking, changing and then changing again all at once while trying to make calm, cool, collected sense of it all for listeners in just under an hour! As usual, we do our best. Wish us luck. [Audio link to full breathless show is posted below the summary.]

Somewhere amid the mayhem of our latest program you will find coverage of...

  • New charges brought today against the four Minneapolis police officers responsible for killing George Floyd last week. (BRAD BLOG's Ernie Canning foreshadowed as much in his report on the results of a new independent autopsy of Floyd earlier today.);
  • Protests against Floyd's ghastly murder-by-cop continue around the country for a tenth day;
  • Trump (as we predicted yesterday) begins to back away from his tough guy threats to send U.S. military troops to cities across the country to "dominate" peaceful American protesters;
  • Trump's Secretary of Defense Mark Esper claims he didn't know where he was going when he joined Trump's pathetic photo-op with a bible iin his hands in front of St. John's Episcopal Church on Monday, after federal storm-troopers were ordered to clear out peaceful protesters and church staff with tear gas, rubber bullets and other violence to take the shot. Esper now says that he opposes using federal troops against Americans, even though he described American cities as "battle spaces" during a phone call with Governor's on Monday;
  • A senior Pentagon adviser resigns, charging that Esper "violated" his oath to protect and defend the Constitution;
  • Even Pat Robertson tosses Trump under the bus after all of this;
  • U.S. troops deployed to D.C. from Fort Bragg in NC on Tuesday to quell protests are reportedly sent back to their bases...and then reported NOT being sent back to their bases just a few hours later, right before air time today';
  • Some protesters managed to breach a temporary fence near the White House and cowardly Trump is reportedly scuttled back into his underground White House bunker by Secret Service;
  • Also, Trump claims to now be pulling the August Republican National Convention out of Charlotte, North Carolina because the state's Governor won't let him create a shoulder-to-shoulder viral super-spreader event out of it. We'll see if President Bluffer keeps that threat (he usually backs away from most), and we'll see how it may harm his odds of winning the very closely divided Tar Heel State this November. He really needs it to go "red" again if he wants a chance at re-election;
  • And, oh yeah, all of this as primary elections were held in about a dozen states and D.C. amid protests, curfews and a pandemic that continues and has, so far, killed more than 105,000 Americans in just the past 90 days.

    Unofficial results from Tuesday are slower than usual in coming in, due to the expansion of absentee voting in most states to help keep Americans safe during the pandemic. Lines to vote in-person were also much longer than usual in many places, due to the consolidation of polling places, also thanks to the coronavirus. That resulted in many forced to wait in very long lines, sometimes for hours after curfews around the country. But there was some noteworthy news in the few results we do have.

    Of course Joe Biden continues his march toward the required number of delegates to formally win the Democratic Presidential nomination. But, of more note on Tuesday...

    • Ferguson, Missouri --- where the killing of a young African-American man by a white cop sparked national protests six year ago --- elected Ella Jones as the city's first woman and first African-American Mayor!
    • Nine-term white supremacist Republican Congressman Steve King was defeated in the GOP primary in Iowa's 4th Congressional District by another rightwinger who will go on to face progressive Democrat J.D. Scholten (a guest on this show just a few weeks ago) in November.
    • Republican Congressman Greg Gianforte, who beat up a journalist (and tried to lie about it) the night before winning his first term in Congress three years ago, won the GOP nomination for Governor in Montana. He will now run against the state's Democratic Lt. Governor Mike Cooney to fill the seat being vacated by the popular term-limited Democratic Governor Steve Bullock in a state which Trump won by 20 points in 2016. That year, however, Bullock won his second term as Governor on the same ballot, and on Tuesday he secured the Democratic nomination to take on incumbent Republican Sen. Steve Daines, who could very well be in trouble this year.

    We're joined today by progressive Congressional campaign expert and advocate HOWIE KLEIN of the "Down With Tyranny" blog and the BlueAmericaPAC to discuss all of the above and much more, including a number of other progressive wins (some a surprise) and losses (not as surprising) on Tuesday.

    Klein also handicaps a few upcoming races and offers what he regards as some "exciting" contests next week in Georgia which, with West Virginia, will be holding their own primary elections on June 9th. If you can keep up with everything that happened on today's show, much less today overall, you win a prize. Other than that, color me breathless...again...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Police-instigated violence sweeps nation amid mostly peaceful demonstrations after police killing of George Floyd in Minneapolis...
By Brad Friedman on 6/1/2020 6:23pm PT  

On today's BradCast, we start with comments from the Administration's Defense Secretary on Friday: "While no one condones looting, on the other hand, one can understand the pent-up feelings that may result from decades of repression." Well, that was compassionate. Unfortunately, the Friday in question was on April 11, 2003 and the DefSec at the time was Donald Rumsfeld. He was speaking about the looting that took place in Baghdad after the U.S. invaded Iraq. [Audio link to full show is posted below.]

Back then, apparently, Republicans were able to find common ground with "looters" who, as Rummy lectured the media at the time, were in a transitional phase on their way to freedom. "Stuff happens," in such situations, he said, dismissing the "looting" of priceless artifacts as anything worth being concerned about. Today, the Trump Administration was discussing "dominating" American cities with overwhelming military force to quash largely peaceful demonstrations in support of George Floyd, the 46-year old African-American who was killed by Minneapolis police officers last week after having his neck crushed by an officer for almost nine minutes after allegedly passing a counterfeit $20 bill.

Since last week's horrific video-taped killing of Floyd, police have been attempting to "dominate" demonstrators with tear gas, rubber bullets, arrests and other forms of violence, including against more than 100 journalists attempting to do their First Amendment-protected jobs of reporting to the American people about what is going on. (Are they "enemies of the people" or something?)

Had America not been America, the dystopian police state of armed warriors "dominating" citizens amid ethnic unrest would have been reported very differently by the Western Media outlets, as Karen Attaiah, Global Opinions editor for the Washington Post, brilliantly illustrated in her must-read column on Friday. We cover all of that and just some of the police-instigated violence and death across the country --- in state after state --- as well as the damage instigated by provocateurs (white ones, who were anything but civil rights activists), as looting and some fires were played in endless loops during the cable and local TV news "Protest Porn" all weekend long.

After a fairly righteous rant on all of the above --- and some late-breaking news on new curfews tonight here in Los Angeles, national guard troops in its streets, and citizens being targeted by cops on their own front porches --- we open up the phone lines to hear from listeners about what they saw and how they see it.

As Rumsfeld proved in 2003, people see the same things very differently from each other, depending on how they are invested and how the information is presented to them by media. In other words, tune in. Today's show is not an easy one to summarize as the American Carnage amid the Trump Era continues to worsen, with no end in sight...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Farmer, teacher, Marine Lt. Col. turned candidate Mike Broihier; Also: Latest in Minneapolis protests over police killing of George Floyd...
By Brad Friedman on 5/29/2020 6:32pm PT  

It has been a harrowing 24 hours since getting off air on Thursday night, with protests exploding in major cities across the country overnight in response to the police killing of George Floyd in Minneapolis. On today's BradCast, we cover the latest developments including the arrest, just before airtime, of Minneapolis Police Officer Derek Chauvin, seen in videos taking a knee on Floyd's neck as the 46-year old African-American security guard pleaded for his life. We are also joined by a progressive Democratic U.S. Senate candidate from Kentucky hoping to unseat Mitch McConnell this year, and to discuss the mysterious shooting of protesters in Louisville last night. [Audio link to full show is posted at end of summary below.]

First, we cover several aspects of the Minneapolis protest, including the appalling tweet by the President of the United States which earned him yet another warning lable from Twitter as he actually seemed to call for shooting of protesters Thursday night, using a phrase first uttered by a racist Florida sheriff at the height of the 1960s civil right movement; the on-air arrest of a black Latino CNN reporter as he was covering the protests in Minnesota, while his white colleague, one block away, was politely allowed by police to continue reporting; and some of the other protests around the country in response to the latest appalling police killing in the Twin Cities.

One of those protests was in Louisville, Kentucky, where 26-year old African-American emergency medical technician Breonna Taylor was killed by police inside her own home after cops broke down the door in the middle of the night in mid-March. That protest, like many of the others across the country overnight Thursday and Friday morning, turned violent and 7 protesters in the crowd were suddenly shot, leaving at least one of them in critical condition today. The Louisville Mayor says no officers discharged a weapon last night and that no police were shot. So who shot the protesters and why?

We're joined today by MIKE BROIHIER, a Kentucky farmer, teacher and retired U.S. Marine Lt. Colonel who is vying for the Democratic U.S. Senate nomination in hopes of ousting Republican Senator and Majority Leader Mitch McConnell in November. The Senate primary election, with about 10 Democrats running for the nod, will be held on June 23rd.

The progressive Broihier offers his thoughts on this week's protests around the country and in Louisville on Thursday night where the still-mysterious shootings took place just days after rightwing anti-lockdown and gun rights protesters hung an effigy of the state's Democratic Governor Andy Beshear outside the State Capitol on Sunday. Broihier, who calls the threat to Beshear an act of "terrorism", ties that incident to the Bluegrass State's long history of institutionalized racism and lynchings. "You can't deny the image," he says. "n the face of it, it's a white man with a rope and a gun. As a white male, the significance is not lost on me. We have 168 documented lynchings in the history of Kentucky. 168. That is still an open wound with African-Americans here in Kentucky."

"The message was very, very clear that they were trying to send. This is terrorism. It's intimidation. The thing is, this starts at the top --- when the President of the United States says things like, 'When the looting starts, the shooting starts' --- that is the message that these ... self-styled patriots tromp around the woods in mismatched camouflage, this is what they're waiting for. This is the kind of chaos they're waiting for. We don't know where those shots came from last night. I am having a hard time separating them in my head."

On the Taylor killing, where none of the cops involved have yet to be arrested, Broihier tells me: "There's an old saying: 'In his own home, no Kentuckian need ever run.' But that apparently doesn't apply when you're an African-American man in Louisville."

We also discuss Kentucky's plans for reopening the state amid the ongoing coronavirus crisis; his Democratic (and establishment-supported) opponent for the U.S. Senate nomination, Amy McGrath, who is also a Marine Lt. Colonel, and her flip-flop-flip support for Trump's U.S. Supreme Court nominee Brett Kavanaugh; Broihier's endorsements from Indivisible Kentucky and from Andrew Yang (the first endorsement by the former Democratic Presidential candidate), among others; his support for progressive policies such as Universal Basic Income (UBI), much of the Green New Deal, the need to shut down deadly and dying coal mines in his own state and to help the industry's workers move to better, safer jobs; and whether the unpopular McConnell can finally be defeated in Kentucky this year.

"Mitch doesn't show up back here in Kentucky too much. He was here back at the beginning of the pandemic with Brett Kavanaugh, of all people, to celebrate the elevation of a judge rated 'unqualified' by the ABA to the 2nd Circuit Court, the second highest court in the land," Broihier notes. "He's the one who said let the states go bankrupt, and he was talking specifically about Kentucky." He also tells me: "I see McConnell as an existential threat to our republic. While I disagree heartily with Lt. Col. McGrath on many things, she would still be better than Mitch McConnell."

As to whether he'd be a better choice to defeat McConnell than McGrath, he says: "If it's just electability, I'm the candidate. I am a retired lieutenant colonel as well. Being a veteran is very important here in Kentucky. But I'm also a public school teacher. I was a rural journalist. I learned how to communicate progressive ideas to religious, conservative people. The most important thing, probably, for the heart of Kentucky is I am a farmer. We know what it is like to struggle on a farm and try to support your family."

"You have to win in all of Kentucky. As a veteran, a teacher and a farmer, that cuts a pretty wide swath across almost all of Kentucky. I've got some pretty visionary plans of what America should look like when we're done with this pandemic, but you've got to be able to back it up with plans. And I've got plans! Plans that people will get tired of reading because I've been able to engage some really talented experts to help craft them. I'm for UBI but I've got a plan. There's meat on the bones."

There is much more, including his position on the Green New Deal in a coal state and more. Please tune in.

Finally, because we really needed a bit of a laugh at the end of yet another harrowing week, Desi Doyen joins us to close today's show with a pretty hilarious, unaired "outtake" from our most recent Green News Report...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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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: Slate's legal and justice reporter Dahlia Lithwick; Also: Pence Press Sec., Stephen Miller's wife, tests positive for coronavirus...
By Brad Friedman on 5/8/2020 6:54pm PT  

Today on The BradCast: This week the Republican's stolen U.S Supreme Court took a huge step forward toward public transparency by live-streaming their oral arguments for the first time in history. No, it wasn't on video. It was via telephonic conference call. But one step at a time, I guess. There's something, anyway, to thank the coronavirus for. [Audio link to full show is posted below.]

We're joined today by Slate's Supreme Court legal expert and justice reporter DAHLIA LITHWICK to discuss the first-ever oral arguments by phone for the Court and the first to be broadcast live to the nation. It was also the week when the nation's heart skipped a beat or two for a short time upon learning that Justice Ruth Bader Ginsburg had been "hospitalized with an infection". Turns out the infection was thankfully not COVID-19, but a gallbladder matter which left the 87-year old Justice able to participate in the week's historic telephonic arguments from her hospital bed in Maryland.

"It reminds us," Lithwick says, "pinning all of our hopes on an octogenarian...is a pretty scary way to be doing justice. But in a really profound way, it kind of reminds us that the people who are getting shredded by this virus are that generation" and "It does make you realize how unbelievably susceptible the bulk of the Supreme Court is right now."

Beyond that, Lithwick, who hosts her own Slate podcast, AMICUS, sees this week's live broadcasted SCOTUS hearings as an encouraging step toward transparency for a Court that has been frustratingly camera shy. She also cautions, however, that the live broadcasts allowing Americans to hear how our laws are adjudicated at the nation's highest court in real time may not last after the pandemic subsides.

However, the week's historic hearings went well enough, she reports, even if the structure required to carry out oral argument by conference call necessarily changed the way in which cases have traditionally been argued in person, as Justices were not able to interrupt each other to press various arguments as they have always done --- and even as someone on the call forgot to mute their phone during a toilet flush heard during one of the first day's hearings.

Yes, we get to the straight poop on who may have been behind "the flush heard round the world" today, before turning to the substance of the actual cases heard before the Court. One was a fairly straightforward case on trademarks. Another was a much less simple one on whether religious groups and even private businesses have their religious rights infringed by being allowed to opt out of the contraception mandate of the Affordable Care Act (ObamaCare). Yes, plaintiffs in this case --- including the Little Sisters of the Poor, a small group of nuns in Pennsylvania --- argue that being allowed to opt out of having their insurance provider offer contraceptive care to their employees somehow violates their religious and "moral" freedoms (whatever "moral" freedoms may be.)

We also discuss how the Court has selectively decided which of the many previously postponed cases from March and April (cancelled until the Justices figured out how to dial a telephone) would be rescheduled for this session versus the next one, where opinions will not come out until well after the critical 2020 Presidential election.

We then move on to an important (if too brief) conversation about how rightwingers seem to misunderstand the actual meaning of their favorite words "freedom" and "liberty", as invoked by the slave-holding founders of our Constitution. That, as anti-lockdown protesters haul semi-automatic rifles into state legislatures to demand the lifting of stay-at-home restrictions, shoot people who ask them to follow the law by wearing face masks inside stores, cite "tyranny" and invoke Japanese internment camps (as a Wisconsin Supreme Court Justice recently did) and call for the "LIBERATION" of states with Democratic Governors (as the President of the United States recently did.)

In her most recent column on this point, Lithwick flagged an essay by Ibram X. Kendi at the Atlantic which speaks to the "long-standing difference between core notions of what he calls freedom to and freedom from". The latter is seemingly being pushed out of the public square in favor of the former.

We discuss what Lithwick describes as "the movement out there that says, 'I don't have to wear a mask,' 'I have a Constitutional right to carry a gun into the capitol,' those are 'freedom to' values, but they subordinate huge masses of people who actually want to be free from those very things. These are a lot of the same arguments that people make about the Second Amendment. That they want to be free to parade around a restaurant, open carrying, and they don't realize that freedom for a lot of Americans is freedom from the terror of that act."

"I think that is a really emblematic new trend, where we're seeing these religious claims that say my freedom to X somehow subordinates and dominates your freedom to, in the Little Sisters context, have access to a statutory entitlement to contraception. My freedom to X, discriminate against people that I don't want to bake a wedding cake for, somehow is more important than your freedom from discrimination based on any identifiable class," Lithwick tells me. "I think this is a tension that is permeating how the courts are looking at a lot of values."

"It probably goes without saying, but let's go ahead and say it --- that it does seem as though if you are a straight, white Christian male, you have a lot of 'freedom to'. Even now, if you are protesting in the capitol in Michigan, if you're a white guy with a gun, your freedom to XYZ is predominant. And if you are an African-American out for a jog, your freedom from being executed summarily doesn't seem to matter. So I think part of the problem with this thumb on the scale for "freedom to" claimants is that it's not distributed equally across race, class, gender, or economic well-being."

Please tune in for that conversation --- and/or read Lithwick and Xendi at the links above --- for more than I have space or time to break down here for the moment on that important discussion.

Finally today, some quick news, an update, and some listener mail. The news is about the coronavirus working its way into the White House via Donald Trump's personal valet who tested positive this week and via Mike Pence's press secretary, Katie Miller, who tested positive today. After being in close contact with Pence and members of the press, it should also be noticed that Miller is married to Trump's Senior Advisor Stephen Miller, who is in close regular contact with the President of the United States. Will we see a change in the Administration's rush to reopen the country long before health experts say it is safe to do so if COVID begins to find its way into the White House --- and, perhaps, even the Oval Office?

The update is on the decision by Arizona's Health Department to reverse its cancellation earlier this week of the work by state university scientists on COVID-19 modelling.

And the listener mail regards a local postmaster who says he's decided to retire earlier than planned after "hatred" directed at his staff "by the segment of our town who watch Fox News" who are now "yelling" at Postal Workers for wearing masks on the job. Yes, it's an insane way to end another insane week in these "United" States of America...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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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: Slate's Mark Joseph Stern; Also: Coronavirus tanking markets, wingnuts lie about it; Buttigieg 'wins' Iowa!...
By Brad Friedman on 2/28/2020 6:34pm PT  

On today's BradCast, the coronavirus continues to wreak havoc on world markets, we finally have a definitive "winner" of the Iowa Caucuses, and a raft of good news voting rights court rulings in several key battleground states! [Audio link to show follows below.]

We start with some "breaking news" today: Pete Buttigieg has won the Iowa Caucuses! Barely. And only as long as you consider the winner of the most delegates to be the "winner". Following both partial recanvassing and recounts requested by both the Bernie Sanders and Pete Buttigieg campaigns in a number of precincts on the heels of the flawed reporting of Iowa Caucus results three weeks ago, the Iowa Democratic Party has finally concluded that Buttigieg won a literal fraction more of the State Delegate Equivalents (SDEs). Buttigieg took 562.954 to Sanders' 562.021.

While both candidates actually lost a small number of SDEs during the partial recounts, Buttigieg's margin of victory (0.003%) was increased to "a commanding 0.04% win" after the recounts. That translates into 14 national delegates for the former South Bend, Indiana Mayor to Sanders' 12 out of the Hawkeye State, where the Vermont Senator nonetheless won the never-really-in-question overall popular vote by several thousand more votes in both the initial and realignment rounds of voting at the state's February 3rd caucuses.

With that finally out of the way, we offer a quick update on the havoc the coronavirus --- and the Trump Administration's bungled response to it --- is causing for world markets, with the Dow plummeting for a 7th straight day on Friday, resulting in a 3,500 point drop over the past week. It was the worst week for Wall Street since the 2008 global financial crisis and the fastest loss of four months of gains for the S&P 500 since 1928. That, as the deadly virus continues to spread and fears mount that it will result in a global recession and full blown pandemic.

In the U.S. however, rightwingers like Rush Limbaugh are using our public airwaves to "inform" Americans that the virus "is the common cold" in one breath, and seemingly contradicting that by falsely describing it as "a ChiCom laboratory experiment...being weaponized" in the next. But, despite the fact that it could result in hundreds of thousands of deaths in the U.S. (the virus is currently 20 times more fatal than the flu, which killed approximately 34,000 Americans last season), Limbaugh is using our public airwaves to propagandize listeners that Bernie Sanders and the "Democrat Party...pose a much greater threat to this country than the coronavirus does."

So, yes, we continue to keep our eyes on the most important election in the nation's history in hopes of curbing at least some of this madness. To that end, as South Carolina prepares to vote on new, !00% unverifiable, germy touchscreen voting systems across the state in their Democratic primary on Saturday, and voters in many of the 14 state primaries ending on Super Tuesday three days later do the same, we focus on a number of recent encouraging court rulings that will help protect their right to cast a vote at all.

For that, we are blessed on today's BradCast with the long-overdue return of the great Slate legal reporter MARK JOSEPH STERN! And we've got a lot to catch up with him on, from just over the past few weeks, when it comes to both state and federal courts stepping in to do the right thing in protecting voter's rights --- at least for now.

  • Recently, both a federal district court and a state Court of Appeals in North Carolina blocked the Tar Heel State GOP's new Photo ID voting restriction, finding it (once again) was designed to disproportionately target minorities for suppression.
  • In Florida, a federal Court of Appeals has blocked the Republican state legislature and Governor's attempt to gut 2018's landmark state constitutional Amendment 4, granting the right to vote to former felons who have completed their sentences.
  • In Missouri, the state's Supreme Court not only blocked a "Catch-22" Photo ID voting restriction that required those without very specific types of Photo IDs to actually commit a felony by lying on an affidavit form in order to legally cast a vote, the Court also carved out a right to vote for many trans and non-binary voters who, in MO, thanks to more bad laws, are literally barred from obtaining the requisite ID that would be needed for them to vote legally under the statute that the court has now struck down. (That, after more than a decade of GOP attempts in the Show-Me State to try and institute Photo ID voting restrictions, no matter who it would prevent from casting a legal vote.)
  • In Arizona, with its own long history of racial discrimination, a federal Court of Appeals struck down two measures adopted by state Republicans, finding both of them to have been racially motivated attempts to suppress nonwhite voters. One had mandated that provisional ballots be discarded if they were cast in a different precinct from where the voters was supposed to be voting, the other outlawed the third-party collection of absentee ballots (which Fox "News" and, therefore, all Republicans falsely denigrated as "ballot harvesting" by "illegal immigrants".)

Many of these very good news court rulings, however, could still be reversed during additional appeals, thanks to the Republican court-packing in recent years, particularly if the stolen Republican majority on the U.S. Supreme Court decides to pick and choose which decisions they will and won't apply their so-called "Purcell Principle" to, with elections imminent in all of those states.

And, we also discuss a Trump judge's recent move to prevent voters from being able to sue for their rights at all under the Voting Rights Act. So, yes, MUCH to catch up on today with Stern, who explains all of these cases and where they go from here, in his usual, clear, informative and even amusing way!

Finally, a quick program announcement after a listener comment on voter registration concerns: We will be LIVE and taking your calls both Monday and Tuesday next week, opening up the phone lines to hear from voters and early voters about any problems they may have encountered, and to answer any questions listeners may have about voting and voting systems before the Super Tuesday election polls close next week! If you don't get The BradCast LIVE where you are, please remember to tune in to the live stream at KPFK.org on Monday and Tuesday next week at 3pm PT/6p ET and give us a shout!...

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Guest: Election and criminal justice expert Daniel Nichanian; Also: House schedules new impeachment hearing as Trump appeals federal ruling finding 'Presidents are not kings'...
By Brad Friedman on 11/26/2019 6:44pm PT  

At the BRAD BLOG and on today's BradCast, we'll even fight for Donald Trump's right to vote --- even from prison, should he find himself there at any time in the near-ish future. [Audio link to show follows below.]

But, first up today, a bit of impeachment-related news, even as Congress is on recess for the Thanksgiving holiday. The House Judiciary Committee (as opposed to the House Intelligence Committee) has announced a new impeachment hearing for next Wednesday. Judiciary Chair Jerrold Nadler sent a letter to the President on Tuesday, inviting him and his counsel to attend and potentially question witnesses in the hearing titled Titled "The Impeachment Inquiry into President Donald J. Trump: Constitutional Grounds for Presidential Impeachment." Along with his invitation, Nadler also offered a warning about the White House's continued refusal to make witnesses and documents available to the Constitutional proceedings in the U.S. House.

In related news, Trump's Dept. of Justice on Tuesday filed for a stay to a blistering federal court ruling ordering that former White House Counsel Don McGahn appear for scheduled testimony in response to a lawful Congressional subpoena regarding the House's examination of the Robert Mueller investigation. McGahn played a key role in the probe, helping to detail Trump's multiple attempts to obstruct the Special Counsel's investigation of Russian interference in the 2016 election and Team Trump's cooperation with the effort.

The DoJ is now seeking a pause pending an appeal to U.S. District Judge Ketanji Jackson Brown's scathing 121-page ruling [PDF] issued on Monday, in which she eviscerated the DoJ argument that Presidents and their current and former White House officials enjoy "absolute immunity" from Constitutionally-mandated Congressional oversight. "Stated simply," the Judge wrote, "the primary takeaway from the past 250 years of recorded American history is that Presidents are not kings."

Trump, however, appears to feel otherwise. In addition to appealing the order, Trump tweeted today that "The D.C. Wolves and Fake News Media are reading far too much into people being forced by Courts to testify before Congress," adding that while he "would love" to have top Executive Branch officials like Sec. of State Mike Pompeo, acting Chief of Staff Mick Mulvaney and former National Security Advisor John Bolton testify in impeachment hearings in the Ukraine bribery affair, he is only "fighting for future Presidents and the Office of the President. Other than that, I would actually like people to testify."

But whether Trump wins his "absolute immunity" defense while President, it is unlikely to help him once he is out of office. To that end, yes, we'd hate to see him lose his right to vote if he ever should find himself imprisoned for any of his countless crimes. In the meantime, however, there are millions in prison who have already lost that right --- a right, not a privilege, even if many treat it that way --- while behind bars. There has been some noteworthy successful (and even bi-partisan in some cases) efforts of late in a number of states to help enfranchise former felons or those out of jail on probation or parole though state constitutional amendments, legislation or executive actions. But when it comes to the right to vote for those still in prison, the debate has been slower and more contentious. Currently, only Maine and Vermont allow prisoners to vote, a policy which Vermont's U.S. Senator Bernie Sanders strongly defended during a CNN Presidential Candidate Town Hall earlier this year.

At the same time, as our guest today, DANIEL NICHANIAN, Editor of The Appeal Political Report (better known as @Taniel on Twitter) points out, lawmakers in eight states and D.C. have filed legislation this year to allow people behind bars to exercise the right to vote. Rep. Ayanna Pressley (D-MA) has done the same at the federal level.

After a Republican New York state Assemblyman recently described a state Senate bill there that would enfranchise convicts as "insulting [to] members of law enforcement and the criminal justice system who worked diligently to get these dangerous predators off the street," Nichanian reached out to prosecutors, correctional facility officers and elected officials in Maine and Vermont to see if they agreed. You'll be surprised to learn that not one of them did, with almost all either finding it to be no problem or, more frequently, lauding the connection to "the real world" that voting allows imprisoned citizens as they pay their debt to society.

Nichanian, a Senior Fellow at the Justice Collaborative and expert on criminal justice reform and mass incarceration, shares insight from the officials he spoke with, and explains why reform on this issue (which disproportionately affects minorities) --- and a number of related topics --- is long overdue.

"We are not treating the right to vote as an inalienable, fundamental right of U.S. democracy, as a right that every citizen should have, and have protected," he tells me, explaining why "ending felony disenfranchisement would also mean that law enforcement professionals are no longer the arbiters of who gets to exercise democratic rights."

Nichanian notes that "the way in which we talk about people who are incarcerated, it would seem like we forget that these people have families, they have kids who go to school, and the school board elections matter to them. They have families who also need to care about their elected officials."

"There's all sorts of arguments of whether people are worthy of voting or not, whether people have shown enough civic capacity to vote or not," he argues. "And I find all of that universe of questions to be questionable, because we are claiming for ourselves the power and authority to decide whether our fellow citizens should have the same rights as us. I find that to be a problematic question. And I think that's just the bottom line: whether we want the right to vote to be a protected right for all U.S. citizens."

He says that "we are definitely seeing the criminal justice reform conversation encompass these issues of rights restoration, as a tool of re-entry, as a tool of thinking about how people remain human, as a way of thinking about economic justice and racial justice throughout the process." But whether that, theoretically bipartisan effort will ultimately become a fight for re-enfranchising felons remains to be seen.

We also discuss how the imprisoned population is used in the fight over apportionment, with the incarcerated counted in the census and for redistricting purposes, even while that huge chunk of the population is disallowed from exercising any real political power through the vote. "The time to address it is literally now, because the next round of redistricting and map-drawing is coming up. If this is going to be reformed, it has to be in the next couple of years, or else we'll have ten more years of problems on this."

Finally, Desi Doyen joins us today for our latest Green News Report as "climate emergency" is named "Word of the Year" by the Oxford Dictionary and, unfortunately, for very good reason...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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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...

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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...

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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...

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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!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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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!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

[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."

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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