From legal and election wonkery to supply chain wonkery, there is no wonkery that is too wonky for today's BradCast! But I suspect (or, at least, hope) you'll find it a pretty good show nonetheless. And you'll even find out why I actually agree (mostly, sort of) with not one, but two of Donald Trump's dumb, manipulative, self-serving statements he released yesterday! [Audio link to full show is posted below at end of this summary.]

• First up, Steve Bannon is in trouble. He has no legitimate legal claim to not answer the subpoena of the U.S. House Select Committee on the January 6th attack for both testimony and documents. Yet he's taking his (bad) legal advice from the disgraced former President and may wind up in jail because of it. If --- and it's still a big if --- Attorney General Merrick Garland is up to the job he was appointed to. We bring you up to date on all of the Committee's subpoenas to date, and who, other than Bannon, may also soon be facing criminal contempt charges.

• Then, on Wednesday, Trump issued two dumb statements that we, shockingly. can (mostly, sort of) get behind. The first one was simply this: "If we don’t solve the Presidential Election Fraud of 2020 (which we have thoroughly and conclusively documented), Republicans will not be voting in ‘22 or ‘24. It is the single most important thing for Republicans to do." --- Of course, there has been zero evidence of election fraud of any note from 2020 documented thoroughly or otherwise. But we definitely agree his Republican supporters should absolutely stay home during next year's mid-terms and 2024's Presidential election. It's just the right thing for Republicans to do. That said, I also explain why this statement may suggest that Trump, contrary to conventional wisdom of late, may not be planning to run for President again.

• Next, on Wednesday, a state Superior Court judge in Georgia (I misspoke on the show, describing this as a federal case) dismissed [PDF] the last major legal challenge still pending to the 2020 Presidential election in the state. It's a civil complaint filed by lead petitioner Garland Favorito of VoterGA. He has been on this show several times over the years, and who I've known him as an election integrity advocate long before Trump decided to pretend to be one. As explained, while I've got some problems with Favorito's lawsuit and, in fact, a number of claims he's made regarding the 2020 election since being discovered by the MAGA Mob (who, like Trump, also had zero interest in actual election integrity until now --- and still don't, to be frank), his lawsuit should not have been dismissed. At least not on the grounds that the Judge Brian J. Amero did so.

  The petition, seeking a physical inspection of absentee ballots in Fulton County (Atlanta), charges, among other things, that "pristine" counterfeit ballots --- never folded and bubbled in perfectly, as if by a computer --- were discovered during one of three statewide post-election "audits" last year. The evidence for the claim is largely based on allegations made by a woman who participated in the state-run hand-count "audit", though the affiant reportedly never brought the matter to the attention of officials during the audit and her story has changed somewhat over time, as she received attention from the MAGA media.

  Nonetheless, investigators from Republican Sec. of State Brad Raffensperger's office told the court this week that they examined the ballots in question, and reported to the judge that they could find no such "pristine" counterfeit ballots in the batches specified by the complaint. While the judge says he reviewed that report by the state investigators, he says his dismissal is for a different reason. He held that the petitioners had no legal standing to sue, since they could show no "particularized injury," affecting them "in a personal and individual way". In other words, while their complaint could be true, it affected all Fulton voters, not just Favorito and friends.

  It's not Judge Amero's fault. The judicial theory is absurd, but it is based on a ruling by the state's 11th Circuit Court earlier this year. It was used as the basis to dismiss a separate attempt to overturn Georgia's 2020 elections results filed by L. Lin Wood, one of several Trumpy attorneys who, like Rudy Giuliani and Sidney Powell, have had laughable, evidence-free 2020 "fraud" cases tossed out of courts and have been sanctioned for filing them. But the notion that a petitioner can't sue in Georgia, essentially because everyone has been affected by a certain alleged wrong, is a very bad precedent. And it's likely to harm other important and actually legtiimate lawsuits in the Peach State.

  More to the direct point here for now, as Favorito correctly noted in response to the ruling, according to the Atlanta Journal Constitution: "All citizens of Georgia have a right to know whether or not counterfeit ballots were injected into the Fulton County election results. It is not adequate for any organization [in this case, the inspectors at the Sec. of State's office] to secretly tell us there are no counterfeit ballots and refuse to let the public inspect them."

  He is right. And so was Trump --- accidentally and disingenuously, of course --- in his own dumb, self-serving response to the court's ruling on Wednesday when he correctly asked "Why can't the public see the ballots?" (Most of the rest of his statement was either wrong or ridiculous.) Favorito says he will appeal.

  As explained on the show in more detail, public elections belong to the public. And only public oversight of public elections offer any chance of avoiding the situation we are now in where dishonest cretins, like Trump and his supporters, can falsely claim fraud. Secret vote counting by computers and ballots kept beyond the (controlled) reach of the public will guarantee that such claims --- legitimate or otherwise --- will continue to be made in future elections. That is a grave threat to democracy itself --- just in case you haven't noticed. It is the one we are now facing. And it can only have a chance of being cured by public oversight. Favorito and the public should be allowed to visually inspect the actual physical ballots --- so long as he pays for the effort and the ballots stay in the custody of public officials (unlike what happened in the Cyber Ninjas' clown show "audit" in Maricopa County, AZ). If it reveals counterfeit ballots, good. We should know that. If it doesn't, even better. The claim can be, hopefully, put to bed.

  Anyway, more detail and explanation on all of this on today's program.

• Finally, Desi Doyen joins us for our latest Green News Report, on the disrupted global supply chain amid the pandemic resulting in a huge spike in energy prices and some very good climate news for both California under Gov. Gavin Newsom and the United States under President Joe Biden...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

The news, as you may have noticed, continued to be somewhat grim. But we do manage to find a bit of encouraging news here and there on today's BradCast. [Audio link to full show follows this summary below.]

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

• Good news in the long (very long!) battle to protect Alaska's nearly-pristine Bristol Bay and its native run, $2 billion a year salmon fishery industry from the ecological devastation of a huge, open pit gold and copper extraction operation known as Pebble Mine. Biden's EPA is invoking a section of the Clean Water Act to block the project. Hopefully it will stay blocked for good this time, but we'll see.

• New jobs numbers from the Department of Labor are encouraging today, with unemployment rates now at a pandemic low and reaching pre-pandemic levels. That's cautiously good news, given the effect that the Delta variant is now beginning to have on the economy. But, because it's largely encouraging news which works against Republican hopes for a disastrous economy, you probably didn't hear too much about today's numbers. We also explain why this largely good, if under-reported, news also undercuts Sen. Joe Manchin (D-WV)'s argument for undercutting Joe Biden's proposed, landmark $3.5 trillion budget reconciliation bill.

• More encouraging news (before we get to the less encouraging news today): It turns out we do have an Attorney General and he is capable of acting quickly and decisively...at least when he's pushed to do so. The Dept. of Justice today announced a federal lawsuit to enjoin the state of Texas' new law undercutting the Constitutional right for women to have an abortion, as per the previously-settled, nearly 50-year old precedent established by Roe v. Wade. Whether the DOJ's "relatively novel theories developed in reaction to a novel law" will be successful, given the GOP's stolen and packed U.S. Supreme Court, remains to be seen.

• Remember back during the summer of 2009, when rightwingers were instructed by Fox "News" and the Republican Party to be outraged about "death panels" in President Obama's then-proposed Affordable Care Act that would lead to the rationing of health care and decisions by government bureaucrats about who should live or die? The argument was all nonsense at the time, as there were no such "death panels" in ObamaCare that would kill granny. But, guess what? States around the country are now beginning to ration healthcare and are deciding who gets to live or die. That is thanks to the very same Republicans who were told to be outraged about phony "death panels" in 2009, now being told to be outraged about life-saving vaccines and mask mandates. Thanks to those idiots, COVID infections, hospitalizations and death rates are skyrocketing, particularly in GOP-run states with low vaccination rates. And, because of it, and the lack of ability to handle the surge, the state of Idaho has announced new "crisis standards of care." That means they are now literally forced to ration health care, as they try to save those with the highest chances of survival, while wishing the best of luck and "comfort care" to everyone else. Kentucky and other states are now on the brink of doing the same, as hospitals continue to be overwhelmed in states with low vaccination rates.

• COVID infection, hospitalization and death rates were, incredibly --- and completely unnecessarily --- 2 to 3.5 times higher this Labor Day, then they were over Labor Day last year, in 2020.  Moreover, infection, hospitalization and death rates are also skyrocketing among children right now, with kids now comprising more than a quarter of all new cases.

• Despite the alarming rates of sickness among children, twisted GOP Governors in states like Texas and Florida are still fighting tooth and nail to block local school districts from determining what is best for their students and staff alike. Florida's largest school district, Miami-Dade, announced this week that 13 staffers have died since mid-August. All of them were unvaccinated. But, in brighter news, a state judge has --- for now --- blocked Gov. Ron DeSantis' appalling authoritarian attempt to ban mask mandates and punish school districts who defy him.

• Amid all of this today, President Biden announced new federal directives to try and curb the deadly pandemic by mandating vaccination or regular testing for as many as 100 million workers nationally. In remarks sharply critical of those who have chosen to remain unvaccinated, Biden also announced that Executive Branch employees and contractors who do business with the federal government will now have to be vaccinated, with no option to test out of it.

• Late today, Los Angeles School District, the second largest in the country, voted to implement a mandatory vaccination regime for those older than 12.

• And here's just one more (heartbreaking) reminder of how idiotic it is to remain unvaccinated at this late date.

• Finally, Desi Doyen joins us for our latest Green News Report, as Biden pushes for infrastructure resiliency and "building back better" after the deadly devastation of Hurricane Ida, and much more...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

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

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

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

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

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

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

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

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

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

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

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

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

As usual in this country, we're dealing with the crisis all wrong. Violent domestic extremism --- domestic terrorism --- has become a public-health issue in this country, according to our guest today on The BradCast. If we treat it as such, it may not become the security problem that we're currently treating it as. We're good at law enforcement and security issues in this country. Public-health issues? Not so much. [Audio link to full show is posted below this summary.]

But, first up today, a few breaking news stories of note...

• Several news outlets this afternoon are confirming that Donald Trump's family business could face criminal charges as soon as next week. Not Trump himself --- yet --- or his family members or other employees, but the Trump Organization itself. New York Times was first to report that Manhattan District Attorney Cyrus Vance could file criminal indictments next week against the Trump Organization, based on fringe benefits given to employees, such as expensive apartments, cars and school tuition for employee family members on which taxes were not properly paid. The Trump Org's CFO Allen Weisselberg and possibly his son, who also work for the company, seem to be targeted here. Both Vance and New York Attorney General Letitia James have been investigating whether the disgraced former President committed bank and tax fraud and whether he committed campaign finance felonies with hush-money payments to two different women before the 2016 election. It's believed that prosecutors are hoping that the company's longtime financial chief, Weisselberg, will flip against his boss. These charges are likely part of that effort.

• Also today, U.S. Attorney General Merrick Garland announced the filing of a federal lawsuit against the state of Georgia over it's expansive new voter-suppression law, SB202. Seven non-profit voting and civil rights organizations have filed separate complaints (including one, filed by the Coalition for Good Governance, in which I am a named plaintiff). But the big guns of a federal lawsuit by the DOJ suggest that the Biden Administration is taking seriously the spate of new laws being adopted by GOP-controlled legislatures around the country aimed at making it harder for Americans --- specifically, minorities --- to vote. Comments from Garland and his deputies in the Voting Rights Division today, when announcing the legal action, suggest there may be more such suits against other states coming soon as well.

• Finally, before we get to our guest today, some additional information on a question we posed yesterday, as to whether rising seas due to human-caused climate change may have played a part in the tragic, deadly collapse of a 12-story high-rise condominium in Surfside, Florida near Miami Beach on Thursday. A number of experts have hinted at the possibility over the past 24 hours since our last show. One is a professor at the Florida International University’s Institute of Environment, speaking to CNN, citing the building's subsidence rate (how much it is sinking into the ground) during a study in the 1990s. And NBC News spoke to a number of experts who cited the towns along the sandy, reclaimed wetlands barrier island on which Miami Beach and Surfside stand --- an island which, we now understand, actually migrates and moves along with rising sea levels. One geologist quoted suggests that the necessity of a coastal retreat from barrier islands --- where currently $3 trillion worth of property is now located in the U.S. --- may soon be upon us. "It’s a tough conversation to have, but the building shouldn’t have been there --- along with a lot of other buildings," he says. "We’re due for a real awakening."

Next, it's on to the rise in violent domestic extremism, particularly fostered by White Supremacy in the wake of Donald Trump's presidency and the deadly, Trump-incited attack on the U.S. Capitol on January 6th. After Republicans reneged on a deal with House Democrats to form an independent, bipartisan commission to investigate the 1/6 attack, House Speaker Nancy Pelosi this week announced plans to create a House Select Committee to get to the root cause of what happened and why. During a House hearing this week, the nation's highest ranking military leader, Gen. Mark Milley, Chair of the Joint Chiefs of Staff, offered an impassioned response to criticism of interest in Critical Race Theory among military leadership, and the causes of "white rage", in which he spoke to the importance of learning "what is it that caused thousands of people to assault this building and try to overturn the Constitution of the United States of America."

Our guest today, DR. BRIAN HUGHES of American University's Polarization and Extremism Research and Innovation Lab (PERIL), suggests Pelosi and Milley and "the Biden Administration's proposal for how to tackle domestic terrorism and extremism points in the right direction." Hughes' colleague, Cynthia Miller-Idriss, also of PERIL, recently penned an op-ed at The Atlantic arguing that far-right domestic extremism has now spread into the mainstream, and must be dealt with as more than simply a security and law-enforcement issue. It is no longer a matter of tracking specific organizations, but now a matter of radicalization by individuals "who are influenced by ideas online rather than by plots hatched by group leaders in secret gatherings," Miller-Idriss posits. It is now a public-health issue, she argues, and must be dealt with by a whole-of-society approach.

"We, as a society, are incredibly militarized, we're incredibly securitized, and so the solutions that we reach to, when we have a problem, are almost inevitably securitized or militarized and  contain some element of that securitization," Hughes explains today. "Our approach to extremism and terrorism is no different.  Certainly law enforcement and intelligence have a very important role to play here.  But it can never be more than a band-aid solution. As we see now, there aren't enough band-aids in the world to deal with the violence that this country is facing.  We really have to go deeper to the root causes of these issues."

Hughes cites the Biden Administration's proposal to incorporate the Dept. of Health and Human Services and the Dept. of Education into their initiative to take on violent extremism as "really, really critical. But even more critical is allocating resources to local communities.  The more locally we can distribute the necessary training, the necessary education, and the necessary funding to address radicalization before it even starts, the fewer of those security, and law enforcement, and militarized solutions that we're going to have to come up with in the future."

As we delve into details, we discuss ways that state and local communities must take on the issue as well. (The "seven minutes of reading to improve understanding of how radical ideas spread online," which we discuss as having helped some 750 parents and caregivers in a recent study by PERIL and the Southern Poverty Law Center is posted here.) We also discuss the paradox of how coming to a collective understanding of the effects of systemic racism in the U.S., as well as actions taken by social media companies to help curb the effectiveness of propaganda and far-right radicalism, can also serve to increase the "white rage" that new policies and new ways of facing this as a public-health issue are meant to counteract.

Hughes also shares his experience in working with former extremists and the "deep, deep sense of shame" and "horror" they ultimately experience after they come to terms with having been radicalized. "It just tears families apart. It absolutely ruins relationships as surely as drugs and alcohol do. This isn't just a matter of a person becoming a jerk. This is a question of a person blowing up their own life and the lives of the people around them." All of which is just part of the reason why we must rethink our approach to the problem as one of public-health.

As Hughes concedes, none of this is "going to change overnight," but there are ways that we can start taking action right now, particularly at the local level, where he urges people to get involved with their local school systems on this matter in order to prevent the radicalization long before it begins. "Request this kind of education, request these kinds of materials. Education happens at the local level in the United States, so it's really on all of us to improve things in our local communities."

I hope you'll tune in for this fascinating and insightful conversation...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

Our plans for covering the Biden/Putin summit in Geneva today were happily tossed aside late today, with the big news that West Virginia Democrat Joe Manchin is apparently willing to compromise on a voting rights bill in the U.S. Senate! Frankly, it's more important right now than Biden/Putin, so they got bumped from today's BradCast. We didn't, however, bump our guest today, who offers some critical insight on the disturbing news that Donald Trump's Justice Department "spied" on House Democrats Adam Schiff and Eric Swalwell. [Audio link to full show follows this summary.]

First up, Sen. Manchin has been the only Democrat in the upper chamber unwilling to come on board as co-sponsor of the For the People Act (H.R.1 in the House, where it's already passed and S.1 in the Senate, where Manchin is holding it up.) In fact, he recently declared in a hometown paper op-ed that he opposes the measure (even though he co-sponsored it back in 2019), while also restating his opposition to reform of the filibuster. Such reform would be required to adopt the For the People Act with a simple majority of Democrats in the Senate.

Today, however, Manchin released a memo [PDF] detailing his "Compromise" points for support of the For the People Act! We discuss those points at the top of today's show. They include a whole bunch of stuff that's in the current measure already adopted by the House, along with a few "New" items that he is seeking. Most of them are acceptable (such as "Make election day a public holiday"), where some others (such as a measure for seemingly modest "voter ID" requirements) may be a bit more controversial among some Democrats and voting rights advocates.

All told, however, while the devil remains in the details --- and his simple bullet points offer few --- we see nothing particularly objectionable about Manchin's "Compromise" list. At least nothing that should prevent passage of such a measure ASAP to help counter some of the extreme voter suppression measures currently being adopted by Republicans at the state level around the country in advance of the 2022 mid-terms.

There is still the problem that, as Manchin's memo notes, "federal voting rights legislation must be the result of both Democrats and Republicans coming together to find a pathway forward." He's right, of course, in general. But the fact is that Republicans have zero interest in finding any such path. There is also the problem that, even if Dems can settle on a bill they (and Manchin) all like, there is little chance in hell that even one Republican will come on board to support it, much less the 10 that would be needed to overcome a GOP filibuster. If Manchin won't agree to compromise on the filibuster --- at least to pass democracy related legislation --- the measure would go nowhere.

Still, one step at a time. Today's news, that Manchin is finally willing, at least, to compromise on the For the People Act, is tremendously encouraging for those of us who care about the survival of democracy in the U.S.

Next, we're joined by long-time, independent national security journalist MARCY WHEELER of Emptywheel, with some critical insight on the news that broke late last week revealing the Trump Dept. of Justice secretly subpoenaed phone, email and text message records of House Democrats Adam Schiff and Eric Swalwell in 2018. Both were, and are, members of the U.S. House Permanent Selection Committee on Intelligence (HPSCI) and both were regarded by our disgraced former President as his political enemies.

In addition to Schiff and Swalwell, the Trump DoJ's shocking secret surveillance also included scores of Congressional aides and even their children, purportedly as part of a probe into leaks regarding a Foreign Intelligence Surveillance Act (FISA) warrant taken out during the Obama Administration on 2016 Trump Campaign advisor, Carter Page.

Following the news this week, the House Judiciary Committee announced a formal investigation into what they describe as "a pretext to spy on President Trump’s perceived political enemies". Also, Attorney General Merrick Garland has asked the DoJ Inspector General for a probe into the matter as well.

Wheeler, however, offered some very helpful "perspective on the politicized leak investigation" by Trump's DoJ at her website, which we discuss today. Among the points she notes: This isn't actually "spying"; It isn't actually unprecedented --- well, mostly; and the fact that the secret subpoenas reportedly only sought metadata (records of who and when someone was called, emailed or texted, rather than the actual content of those communications), shouldn't really bother Democratic lawmakers at all, given that they have long defended the collection of "just" metadata in probes by law enforcement officials.

Wheeler notes Schiff has been "championing" the "it's 'just' metadata" claims for years "when he talks about surveilling Americans." But, she explains, "when you get metadata [going back] ten years, that is enormously powerful." Putting limits "on the span on metadata that you can pull without a judicial order" might be "something, maybe that Adam Schiff will have learned his lesson" from here, she quips.

Moreover, the breadth of the secret subpoenas --- for example, obtaining Schiff's records from Apple going all the way back to 2009 for an investigation into a leak that occurred in 2017 --- was wildly broad. And, though the records apparently didn't reveal any of the Congressmembers or their staff (or their children) were guilty of leaking, the FBI and DoJ were legally allowed to hold onto to those records for years, potentially using them for other reasons as well, as it appears Trump's AG Bill Barr may have. As Marcy snarked in her piece on this at Emptywheel: "It’s a pity for Adam Schiff that no one in charge of surveillance in Congress imposed better trackability requirements on FBI’s access of its investigative collections."

Schiff is currently the Chair of HPSCI. At the time of the secret subpoenas, he was the Committee's ranking Democrat and has long been supportive of these types of virtually limitless subpoenas, according to Wheeler.

There are other outrages here, for example, the length of allowable gag orders, preventing companies like Apple from notifying customers, for years, that they are being surveilled, as in this case; the fact that there are no real requirements for narrowly tailoring such broad searches. Wheeler is hopeful that lawmakers may learn from this, now that they have become the targets. Naturally, they are bothered when it happens to them and to journalists, whereas the same invasive practices targeting ordinary Americans receives little attention or concern from lawmakers.

"The standard is there is no probable cause required," for these kinds of searches, she explains. "The FBI could have just said, 'We need all of the phone records for everybody on HPSCI because they are the people who got the document that was leaked,'  and that meets the relevant standard. And that is the standard that Adam Schiff has been telling us for years isn't all that intrusive"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

Writing at Washington Monthly today, asking "Why Is Merrick Garland Defending Bill Barr's Policies?," law professor and Free Speech for People (FSFP) Board Member Jennifer Taub quips: "This is Merrick Garland's Tylenol moment, and by which I mean he has more than a headache but a poisoning on his hands." Yup. Today's BradCast won't cure his headache, but it may offer an antidote for the poisoning...if he pays attention. [Audio link to full show follows below.]

The new Attorney General spoke at the Dept. of Justice on Tuesday about his national strategy to focus on the rise of domestic terrorism, particularly carried out by white supremacists in the wake of the Trump-incited January 6th attack on the U.S. Capitol. Garland described such incidents as "attacks on all of us collectively, aimed at rending the fabric of our democratic society and driving us apart," adding: "We have an enormous task ahead, to move forward as a country, to punish the perpetrators, to do everything possible to prevent similar attacks and to do so in a manner that affirms the values on which our justice system is founded and upon which democracy depends."

Garland's remarks follow on his announcement Friday that he is doubling the number of DoJ attorneys focused on enforcing voting rights at the federal level in light of new vote suppression laws being adopted by Republicans in states around the country.

So, he seems to understand at least two major threats to the values "on which our justice system is founded and upon which democracy depends." But is he really prepared to punish all of the perpetrators?

Every day now it seems that stunning new information is revealed as to just how poisoned our Dept. of Justice had become under the Trump Administration, as the former President used the nation's once widely respected law enforcement agency for his own personal purposes, to protect himself from legal accountability (as in former AG Bill Barr's use of the department to block Trump from criminal accountability for obstruction following Special Counsel Robert Mueller's findings and from civil accountability in the defamation case filed by Trump's alleged rape victim, E. Jean Carroll, both of which Taub writes about today); to wield power against his perceived political enemies (as we learned last week, when it was revealed that the DoJ secretly obtained phone, email and text message records from Democratic lawmakers and several media outlets in 2018); and, in futile efforts to keep himself in power (as we learned today, based on emails obtained by the House Oversight Committee revealing Trump tried to order the DoJ to file briefs in the U.S. Supreme Court in support of his evidence-free big lie that the 2020 election was stolen from him).

As more and more emerges, it's difficult to keep up with it all. But, sadly, what we know so far is likely only the tip of the iceberg. That's why, back in February, a group of non-partisan government watchdog groups penned a letter [PDF] to then Judge Merrick Garland, prior to his confirmation as AG, calling on him to form a task force at the DoJ immediately after being confirmed, "to investigate any potential federal criminal or civil violations that may have been committed by former President Trump, members of his administration, or his campaign, business, or other associates."

The letter, which has now been signed onto by more than 200,000 Americans, according to FSFP, asks Garland to convene the task force to probe Trump's "flurry of unethical, unconstitutional, and often criminal activity, culminating on January 6, 2021, with the seditious insurrection on the United States Capitol incited and encouraged by former President Trump and his allies."

"If we are to begin the process of restoring the integrity of the Department of Justice and the rule of law to our nation," the groups write --- before detailing at least five different categories of "potential offenses" by the previous administration --- "it is essential that the Department thoroughly investigate these actions and, where warranted and appropriate, hold accountable those who have violated the nation's laws."

That DoJ task force, however, has yet to be formed. And Garland, according to our guest today, Constitutional attorney and longtime voting rights champion JOHN BONIFAZ, co-founder and President of FSFP, has yet to reply to the February letter.

On today's show, Bonifaz explains why "it's critical" that this task force be stood up, and why such a group of prosecutors need to be convened in this matter, rather than an independent commission formed by Congress, a blue ribbon panel formed by the White House or even another Special Counsel investigation launched by DoJ.

While he supports Congressional oversight in general, he explains: "The reason why we believe a task force is the best way to go over a Special Counsel is we do think this should not be assigned outside of the Department to someone who then is seen, as Robert Mueller was, as the sole arbiter of this." While disagreeing, as many scholars do, with the notion that a sitting President cannot be criminally indicted, Bonifaz explains that Mueller's report "was very clear that once the President was out of office, he would be free to be prosecuted for those crimes."

"That's just one example of many as to why this task force needs to be created," he tells me. "There are multiple investigations that need to proceed, and potentially multiple prosecutions. It would be an outrage for this Administration to claim that it's going to turn the page, it's not going to conduct that kind of accountability for those that have engaged in such lawless behavior in the last Administration. That's what happens on the road to tyranny. If we're to protect our democracy and our Constitution, it's critical that we hold Donald Trump and his associates accountable for the violations of federal criminal law they may have committed."

We discuss a number of the already known issues currently crying out for real probes by federal prosecutors if the DoJ is ever to be restored; concerns about Trump associates still burrowed in at Justice; the many investigations known to have been shut down by Barr which should quickly be re-opened; and the question of "why is the Biden Justice Department continuing the work of the Barr Justice Department" when it comes to attacks on press freedoms via only-recently lifted gag orders on secret subpoenas of reporters' private records and "the intervention that the Barr Justice Department started in the E. Jean Carroll case --- both of these decisions were clearly made with Garland's knowledge."

I also ask Bonifaz for his opinion on whether he believes Garland is actually up to the gargantuan task of dealing with the ongoing and increasing problems that DoJ must now handle regarding all sorts of criminal and civil matters, even while bringing both accountability for the unprecedented corruption of the previous Administration and the necessary reforms at DoJ to avoid the same or worse abuse of the nation's top law enforcement agency in the future.

"I think this is a moment for the Department of Justice, but also for democracy and our Constitution. And they need to get it right," he explains.

In a separate matter, FSFP --- which was founded in the wake of the Supreme Court's 2010 'Citizens United' ruling that opened the floodgates to corporate money in American elections --- is now working at the state level to enact model legislation that would bar corporations with foreign investors (which is a whole lot of them!) from being allowed to spend money in state and municipal elections.

Finally, we're joined by Desi Doyen, as new temperature records are being smashed during the year's first major (and very early) heat wave, for our latest Green News Report. Beyond the bad news about climate change, we've got some very good news to close with today, particularly for folks up in Alaska...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

We try to hit a lot of news on today's BradCast after yet another very busy news weekend both at home and abroad. We don't get through our entire stack, but that's only thanks to some good calls from listeners along the way. [Audio link to full show is posted below summary.]

Among the stories we cover on today's program...

• 600,000 are now dead from COVID-19 in the U.S. as states --- including California on Tuesday --- begin opening up again for business at full capacity (and as infection rates start to tick up again nationally...we're hoping it's just some noise in the data for now...)

• Israel's longtime, hard-right leader Benjamin Netanyu, recently indicted on corruption charges, is finally out as Prime Minister of Israel. On Sunday, the Israeli Knesset officially approved a new governing coalition with a former top Netanyahu aide, Naftali Bennett, as the Jewish state's new Prime Minister. He will lead a broad coalition of some eight left, right and center parties, including the first Arab party to sit in a governing coalition. The fragile new partnership aims to move beyond the exceedingly polarizing years of the former PM, even as Netanyahu --- in one of his Trumpiest tantrums to date --- demonized many of his former rightwing colleagues in the new coalition as an "evil and dangerous leftist government" and decried his personal legal troubles as the result of a witch hunt. (Sound familiar?)

• A disturbing story broke over night by CNN, suggesting there may be an ongoing or "imminent radiological threat" at a new nuclear power plant in China. Details come largely via a French company that has partnered with the Chinese on the Taishan Nuclear Power Plant in Guangdong province. Independent experts are watching the situation closely to determine how dangerous --- or, not-that-unusual --- the situation now is, as cracks seem to have formed in the main encasement of fuel rods at the plant. We'll continue to watch this one as well.

• U.S. allies appeared just shy of giddy over the weekend and into today, as Joe Biden made his first appearance as President at the G7 summit in Cornwall, England and the NATO meetings that followed it. Biden and longtime allies in Europe hope the new President will restore a sense of normalcy to the proceedings and the post-WWII order, even as old disputes continue and many in Europe remain concerned (for good reason!) about the continuing fragile and divisive political situation in the U.S. that allowed the rise of Donald Trump's autocratic regimes in the first place.

• Former National Security Agency whistleblower Reality Winner was released early from prison on Monday for good behavior. Winner had sent documents to media revealing Russia's attempted hacks of a voter registration software company in the U.S. during the 2016 election. The extent of those hacks is still publicly unknown but, arguably, wouldn't be known at all had it not been for Winner revealing the information to the media and public. As thanks, she was slapped with one of the longest prison sentences ever for such a leak to the media.

• Then, callers ring in on a number of the various stories covered above, as well as some additional ones, including the news that Trump's DoJ secretly subpoenaed phone, email and text message records from Democratic lawmakers; Republicans continue to undermine American democracy in states across the nation; Democratic Sen. Joe Manchin continues to obstruct democratic reforms; and concerns persist about whether Biden's Attorney General Merrick Garland is up to the task of bringing accountability for so much of the unprecedented damage wrought by the Department during the Trump years...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

The volume of incoming huge news stories these days is getting to be as overwhelming as it was during the Trump years. But it's also a reminder to anyone who has deluded themselves into thinking that the Trump Era is over, it is anything but. We were planning on covering ProPublica's blockbuster bombshell exclusive this week on today's BradCast --- and we still do --- though it has been somewhat eclipsed by last night's New York Times blockbuster bombshell exclusive. We do our best to cover both today. [Audio link to full show follows below this summary.]

First, the remarkable news broken by the Times late on Thursday is that Donald Trump's wildly corrupt Dept. of Justice was a whole lot more corrupt than we have all yet fully appreciated. As it turns out, in an unprecedented move, his DoJ secretly subpoenaed phone, email and text message data of Democratic members of Congress on the House Judiciary Committee. But it wasn't just members that Trump saw as political enemies, including top Judiciary Dem Adam Schiff and Rep. Eric Swalwell. It was also their staff and even their children, one of whom was a minor, according to the Times' blockbuster.

All of that, even as the Trump Administration spent years blocking Congress from lawful subpoenas for testimony and documents from the White House itself and virtually every Executive branch agency, under the false premise that it would violate the Constitution's Separation of Powers, granting co-equal powers to both the Legislative and Executive branches. All the while, the Trump Administration was actually --- literally --- spying on members of the Legislative branch, while claiming (disingenuously) that Congress was overstepping its bounds by issuing lawful, public subpoenas for testimony to members of the Executive branch.

The stunning news comes after a week in which we previously learned that the Trump DoJ also secretly obtained phone, email and text records of journalists at the Washington Post, New York Times and CNN. Democrats claim to be outraged by it all, and vow to investigate. But without real legal consequences, accompanied by sweeping reforms by both Congress and, most immediately, Merrick Garland's Dept. of Justice, the appalling and outrageous and unlawful acts carried out during four years of the Trump Administration will absolutely be carried out again --- and even worse next time --- in the very near future.

Speaking of much-needed, long-overdue action from Congress, the ProPublica bombshell this week revealed that --- based on a "vast cache of IRS information" somehow obtained by the non-profit media outlet on the nation's wealthiest men --- American billionaires have been allowed to avoid almost all federal income taxes for years on their accumulated and still-surging wealth. As the media outlet reports in their jaw-dropping, nearly 6,000 word exclusive this week, "billionaires like Jeff Bezos, Elon Musk and Warren Buffett pay little in income tax compared to their massive wealth — sometimes, even nothing."

Their months-long analysis of the data "demolishes the cornerstone myth of the American tax system: that everyone pays their fair share and the richest Americans pay the most. The IRS records show that the wealthiest can --- perfectly legally --- pay income taxes that are only a tiny fraction of the hundreds of millions, if not billions, their fortunes grow each year."

The raw IRS data show that billionaires like Bezos (the world's wealthiest man), Musk, Buffett and the others often pay zero in federal income taxes. Overall, the nation's top 25 wealthiest --- whose fortunes increased collectively by $401 billion between 2014 and 2018 --- paid a tax rate on that accumulated wealth of just 3.4% on average. That, compared to a median tax rate of 14% paid by regular, middle-class Americans, as the U.S. tax code rewards wealth over labor.

The New York Times explains in its own coverage of ProPublica's scoop, that even as Congress and President Biden bicker over tweaks to marginal tax rates, the ultra-wealthy avoid such trivialities all together. "The ProPublica revelations got to a widely understood issue: that the superrich earn virtually all their wealth from the constantly rising value of their assets, particularly in the stock market, and that the sales of those assets are taxed at a lower rate than ordinary income from a paycheck...But the analysis also revealed a less recognized strategy employed by the superrich: taking huge loans, using their assets as collateral. It allows them to avoid selling their assets and facing taxation, and even to write off some lending costs. In that way, Mr. Bezos and Mr. Buffett were able to show yearly income losses even as their wealth grew by billions of dollars."

Mother Jones' Senior Editor MICHAEL MECHANIC joins us today with a great deal of context and perspective on this long running, if legal, scam, after spending a couple of years hanging out with the ultra rich while researching his newly published book, Jackpot: How the Super-Rich Really Live --- and How Their Wealth Harms Us All.

Mechanic underscores the scam revealed by ProPublica: "As we've seen from the way the tax code works, wealth begets wealth, and we reward capital over wages. If you make a fortune on a stock, you pay a maximum of 20% when you sell that stock. In the meantime, when you hold it, you don't pay any taxes at all --- it's called 'unrealized gains.' What these billionaires have done is they just borrow against that. They never have to sell, so they never even pay the capital gains tax.  Meanwhile, you and I are getting a paycheck. If we made as much as they did, we'd be charged 37%.  So it's 37% versus 20% for assets, but they're not even paying the 20% because they're not selling the assets. They're taking out low-interest loans, paying a few percent, living on that money." And, yes, even as the cost of the interest would be less than they'd have to pay in taxes if they sold assets to live on their own money instead, they actually get to deduct the cost of those loans from their income taxes!

We discuss, among other things, how all of this actually hurts average Americans; how, because of it, trillions of dollars are not available to the government to spend on healthcare, schools, climate change, infrastructure and other public services; what, if anything, can or will be done about it by Congress --- where Republicans (and too many Democrats) seems to be just fine with a system that rewards wealth over work; whether proposals like Elizabeth Warren's wealth tax of .02 cents on every dollar of wealth by those worth more than $50 million could ever be adopted in Congress or is even Constitutional; and how all of this wealth doesn't even get taxed upon death when it's passed from generation to generation, as Mechanic reports at MoJo today.

"There's always been this argument, from the very beginning, that if you tax investors and business people, those people then won't invest, won't create jobs," Mechanic observes. "It's a spurious argument. If you have $100 million and somebody raises the capital gains rate, does that mean you're not going to start a company? You're not going to put it into the stock market? No, of course not. What else are you going to do with your money, put it under your mattress?!"

And, yes, we also discuss his new book (highly lauded by the legendary Bill Moyers!), which Mechanic describes as "not a polemical book. It's a funny, entertaining, and enraging character-driven narrative, in which I basically hang out with super-wealthy people and their minions. I interview researchers, I talk to a woman who trains billionaires' nannies in physical combat, [and] a guy who builds luxury safe rooms. It's a journey of the American wealth fantasy and how it's gone off the rails."

So, hey, if you're not already enraged enough by today's program, please buy Mike's book! It's out just in time to enrage Dad for Father's Day!

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

It's turning out to be Policing Week on The BradCast for some odd reason...even as a police helicopter circled above our studio here in L.A. for most of today's show. We don't think they were there for us, but apologies for any unexpected noise throughout. [Audio link to full show follows below summary.]

Speaking of policing, Attorney General Merrick Garland on Wednesday announced a Dept. of Justice "pattern or practice" probe of the Minneapolis Police Department, the day after a jury found former MPD officer Derek Chauvin guilty on all counts of murder and manslaughter for his killing of George Floyd last year. Garland explained that "yesterday’s verdict in the state criminal trial does not address potentially systemic policing issues in Minneapolis," but that the DoJ investigation could result in mandated changes if the federal agency finds systemic abuses in the MPD's use of force policies, including that deployed against protesters.

Garland may need to expand that probe to neighboring Brooklyn Center, MN and to the Minnesota State Patrol after their outrageous behavior during the past week of protests in response to the police killing of 20-year old black motorist Duane Wright. In addition to the use of pepper spray, tear gas and paintballs against protesters, similar tactics were used on media attempting to cover the demonstrations and what our guest today describes as "police riots". In addition to being directly sprayed and gassed and beaten up, members of the media on Friday were forced to lie face down on the ground so that cops could photograph their media credentials, drivers licenses and faces. The violence deployed against the press exercising their First Amendment rights in Brooklyn Center was particularly egregious coming just hours after a court order --- in a case filed by the ACLU after press mistreatment during the George Floyd protests last year --- specifically barred police from "arresting, threatening to arrest, or threatening/using physical force" against members of the media.

But, as our guest today, longtime Philadelphia Inquirer and Daily News national columnist WILL BUNCH noted in a recent column referencing the violence against press and protesters in Brooklyn Center that is making us all "less safe," none of this should be a surprise. "Officers in the Minneapolis suburb --- just 10 miles or so from the corner where Officer Derek Chauvin kneeled on the neck of a dying George Floyd...-- raised a version of the 'thin blue line' flag over their embattled station house, which was their bold and outrageously arrogant signal that Brooklyn Center was about to become some kind of Alamo for racist, oppressive policing in America."

We discuss all of the above and much more with Bunch today, who explains that he has been "very focused on the institution of policing in this country" of late, "because there's a school of thought in this country that if we just weed out the bad apple cops --- and Derek Chauvin being Exhibit A --- if we just weed out the handfuls of Derek Chauvins, that policing will be great in America, and that's just not the case."

Given the seemingly endless stream of appalling videos, revealing more killings by police each day, and broad calls for nationwide policing reform, we've got much to talk about on today's program. After "some accountability" in Minneapolis on Tuesday, the long "arc of the moral universe" continues to "bend toward justice," even if, as Bunch notes, it continues to take an intolerably long time for too many Americans.

"One reason why I focus on these police abuses of the media," Bunch tells me, is "if this is how they treat people who have cameras, who have the megaphone of working for a large news organization and can tell the world about what happened to them, if this is how they treat people who are clearly marked as journalists, and if they have half a brain and know that they will write or publish pictures of what happened to them, how do you think they're treating citizens when there are no cameras? Or citizens who don't have the power of the New York Times or the AP or other news organizations to tell their story? If they're doing this to reporters, what they're doing to regular citizens is almost certainly going to be worse."

Finally, we close with some slightly brighter news today from the White House. First, Joe Biden appears to have met his doubled-down goal of 200 million COVID vaccine shots during his first 100 days in office. That landmark was reached today, he said, on his 92nd day.

But, as that promise was met, Biden is preparing to unleash an even more ambitious goal on Earth Day tomorrow, according to AP. During a two-day virtual climate summit hosted by the White House, the President will pledge to cut U.S. greenhouse gas emissions by at least 50 %below 2005 levels by 2030, with the ultimate goal of net-zero carbon emissions by 2050. The news was met with huge plaudits from many (if not all) climate scientists and environmental groups, as appropriate to mitigate the growing dangers our climate emergency and for meeting the Paris Climate Agreement goal of limiting warming to what would be a catastrophic 1.5 degrees Celsius global rise. Of course, that also means that fossil fueled wingnut heads are already exploding in the Republican Party and at Fox "News". So, let the explosions begin! We could use a good laugh these days...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

We try like crazy to avoid sleazy, tabloid sensationalism on The BradCast. But, at this point at least, the Republican Party has made that pretty much all but impossible. Just covering any of the latest actual, legitimate news from the party which seems to be in free fall right now, necessarily requires a whole bunch of sleazy, cheap, tawdry stories that sound sensationalistic and tabloidy...but that's only because they are...whether we like it or not. [Audio link to today's full show is posted below this summary.]

On the way to the central story in our A Block today, regarding the stunning crash and burn of Alabama's Sec. of State who, until late yesterday was likely to have been a front-runner for the U.S. Senate seat being vacated next year by Republican Senator Richard Shelby, we are forced to reference a number of the sleazy cheap stories that have now become central to the GOP itself...above and beyond their nationwide attempt to suppress Democratic-leaning voters in a democracy...

• Over the weekend, the New York Times exposed how the Trump Campaign ripped of its own donors before and after last year's election, to the tune of hundreds of millions of dollars by pre-checking checkboxes that were difficult to notice. That would turn one-time donations into recurring monthly or even weekly donations, when many if not most donors did not even notice. Donor credit cards were unwittingly maxed out and bank accounts were drained by the Trump scheme. But, even after the Times' exposé, it appears that the Republican Party itself, via its U.S. House fundraising arm, the National Republican Congressional Committee (NRCC), is now using that same sleazy trick to rip off its donors as well! They're arguably making it even worse by telling donors (all-caps in the original): "If you UNCHECK this box, we will have to tell Trump you’re a DEFECTOR."

• Then of course, there's the ongoing sleazy story about Florida Congressman Matt Gaetz, one of Trump's top supporters in the U.S. House, who is reportedly being investigated for alleged sex trafficking of a minor. Today, several outlets are reporting that Gaetz' pal, Joel Greenberg, the former Tax Collector in FL's Seminole County, is now cooperating with prosecutors. Greenberg has already been charged with sex trafficking of a minor and more than 30 other federal charges, including stalking, identity theft, wire fraud, bribery, theft of government property, conspiracy to bribe a public official and creating fake IDs. Suffice to say, if it's true that he's cooperating, that is likely very bad news for Gaetz.

• But today's sleaziest story concerns Alabama's Republican Sec. of State John Merrill. Long time readers and listeners may recall my bizarre run-in with Merrill back in 2017, when, after politely pointing out on Twitter that Merrill was wrong about the way Alabama's voting systems actually worked, the Secretary blocked him on the social media platform and left bizarre messages on Brad's cell phone. Later, when a federal court ruled in a lawsuit against Trump that public officials were violating First Amendment rights by blocking people on Twitter, I sought comment from Merrill's office to see if, like Trump had been ordered, Merrill planned to unblock the many constituents and election experts he had blocked on Twitter over the years. Not only did Merrill himself make it very clear to me that he had no intention of doing so, the entire matter devolved into a wildly bizarre email attack by Merrill. That all played out in 2017 and 2018.

  Move the clock forward to 2020, and Merrill, using his powers as Alabama's top election official, prevented Counties in his state from offering safe, curbside voting for those who feared exposure to the coronavirus inside polling places. Despite a state court order to allow it, Merrill refused and took the matter all the way to the U.S. Supreme Court. He was ultimately victorious in his efforts to suppress Alabama voters who feared for their lives and were forced to choose between staying safe and casting a vote inside the polls during last year's Presidential election.

  And now, the clock turns forward to yesterday when, on Wednesday morning, Merrill --- who is married with two children and who had already begun his campaign for the GOP nomination to fill the U.S. Senate seat being vacated next year by Sen. Shelby --- denied an extra-marital affair with a 44-year old women that he described as a "stalker" who had been "harassing" him. Just hours later, however, by Wednesday afternoon, Merrill admitted to his years long involvement with the woman after AL.com played him a portion of a salacious phone call between him and her that she had provided to the media outlet. Yes, we share part of that call on today's show. Yes, we told you this was all sleazy. Yes, the story is actually much sleazier than we are sharing with you on air today. And, yes, there is something very wrong with Merrill, as we had repeatedly tried to explain over the years ever since my first bizarre encounter with him.

  Merrill, who is already well known for his anti-LGBTQ statements, has denied describing African-American judges and voters --- whose rights he's supposed to be protecting --- as "the coloreds," as the woman also alleges. We'll let you decide if you'd like to believe him or not. He says he is seeking help from "the Lord". He has yet to resign from his role as the state's chief election official or from his position as Chair of the Republican Secretaries of State Executive Committee.

• In much less sleazy --- if still somewhat depressing news --- President Biden announced a number of new Executive Orders related to gun safety during a ceremony in the White House Rose Garden on Thursday. The President, accurately characterizing America's gun epidemic as an "international embarrassment" and "public health crisis", noted that between the mass killings at Atlanta massage parlors and the Boulder, Colorado grocery store shooting last month, there were more than 850 additional shootings that killed 250 and injured 500 in the U.S. In his own remarks at the ceremony, U.S. Attorney General Merrick Garland noted that "so far this year, guns have taken the lives of 11,000" in this country. While Biden's Executive Actions (which we detail during the show) are likely to have a marginal effect in curbing our nation's gun violence epidemic, they are no replacement for real legislation that might actually have a measurable effect on decreasing gun violence.

• Of course, given that Republicans refuse to support any measures proposed by Democrats in the U.S. Senate --- much less regarding gun safety, God forbid, no matter how popular such measures are, even with Republican voters --- it will be impossible to pass any such legislation unless the filibuster in the Senate is either ended or reformed. Key to that, however, is the Democratic Senate's most conservative member, West Virginia's Joe Manchin. On Wednesday, pathetically enough, Manchin penned an op-ed at Washington Post declaring: "There is no circumstance in which I will vote to eliminate or weaken the filibuster." He went on to offer a few twisted, counterfactual reasons as to why, and even suggested he may block further legislation from passing via the Senate's Budget Reconciliation rules which allow for passage of certain budget related matters with a simple majority vote. Yes, today is that kind of a day. For what it's worth, the White House seems less bothered about Manchin's statements than we are.

• Finally, with marginally brighter news scattered throughout, Desi Doyen's got our latest Green News Report, with details of the Biden Administration's pushback against silly GOP critiques of his $2.25 trillion infrastructure, jobs and climate proposal; a new warning about a wave of abandoned oil and gas mines; and General Motors' plans to go all in on electric vehicles, including with their first all-electric pickup truck!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

We've got quite a bit of 'Clean up on Aisle 45' news on today's BradCast, particularly at the U.S. southern border. [Audio link to today's full show is posted below this summary.]

But first, a few noteworthy 'Clean up" news items. Rhode Island's Democratic Sen. Sheldon has written a letter to Joe Biden's newly confirmed Attorney General Merrick Garland, requesting an investigation into what he describes as the "fake" investigation the FBI apparently made into sexual assault allegations against Brett Kavanaugh before his confirmation to a lifetime appointment as a U.S. Supreme Court Justice. That confirmation, by the way, happened only thanks to Senate Republicans willingness to do away with the filibuster on Supreme Court Justices. Of course, it wasn't only sexual assault allegations against Kavanaugh that deserved a real probe by the FBI. There is still the matter of what happened to the $60,000 to $200,000 worth of credit card debt that Kavanaugh carried the year before his nomination, which magically disappeared by the time he was tapped by Trump to help pack the stolen Republican majority on the U.S. Supreme Court.

Also today, Army Lt. Col Yevgeny Vindman --- twin brother of Lt. Col. Alexander Vindman, who testified against Donald Trump during his first impeachment --- will now be promoted to Colonel under the Biden Administration. That, despite a revenge campaign leveled against the Vindman family by the former disgraced President, which resulted in some negative job reviews for Yevgeny during his time as deputy legal advisor on Trump's National Security Council. Shortly after the impeachment, Trump fired both men from their NSC posts and Yevgeny filed a whistleblower complaint over the retaliation with the Pentagon's Inspector General. The IG's report has not yet been released.

Then, for the biggest 'Clean up on Aisle 45 ' news of the day, we move down to the U.S. Southern Border, where Republicans have been taking a cue from the former disgraced President to claim a massive "Biden border crisis!" is current under way, not two months into the new President's tenure. Sadly, corporate media have taken that cue as well. As they do.

House minority leader Kevin McCarthy (R-CA) traveled to the border this week and, among other apparent lies, claimed that terrorists from Yemen, Iran and Turkey were "rushing" the border "all at once." While that is almost certainly untrue, there has been an increase over the past two months in unaccompanied children, seeking asylum at the border, after making the arduous journey from beleaguered Central American "Northern Triangle" countries of El Salvador, Guatemala and Honduras. Thanks to the influx of unaccompanied kids, a hollowed out asylum system left behind by the previous administration, along with pandemic social distancing requirements, Custom and Border Patrol (CBP) facilities meant to house children before they are handed over to the Dept. of Health and Human Services to find sponsored shelters are running out of space. The influx is also leading to many being held in the CBP facilities beyond the 72-hour legal limit, even as the Biden Administration has, for the time being, left many of Trump's policies in place, expelling families and single adults fleeing from gang violence, climate change and poverty in their troubled nations.

So, what is actually going on at the border right now? Is it really a crisis? And how much is the Biden Administration, not even two full months on the job, to blame? We're joined today by SARAH PIERCE, immigration attorney and Policy Analyst for the U.S. Immigration Policy Program at the Migration Policy Institute to help us separate fact from breathless, GOP/media-inflated fiction.

"I think there is a significant challenge at the southern border," she explains. "I don't think we can call it a crisis yet. But we could certainly be moving in the direction of a crisis.  We had a really fast acceleration in the number of unaccompanied child migrants arriving at the southern border between January and February. But we still haven't reached record numbers of children arriving at the southern border. We saw records during 2019 and 2014 that we haven't yet broken."

"But our facilities are limited because of the pandemic," she continues, "and so that is making what would already be a challenge even more difficult as the administration scrambles to bring beds back online, and move children out of Border Patrol custody as quickly as they possibly can."

Pierce explains how bad the situation currently is; whether she believes the Biden Administration is taking the appropriate measures to handle it; whether GOP claims about terrorists rushing the border or becoming "super-spreader caravans" are in any way true; and whether the situation can be handled at all without Congressional action (which seems a long shot while the filibuster remains in place, with Republicans seeking distraction from their failure to vote for the COVID relief bill and relying on alarmist rhetoric about the border to try and hold on to their base).

The Biden Administration "inherited a really, really big challenge and a system that was just gutted by the prior administration. So, whether or not they'll be able to do this all, while also dealing with what could very well be a crisis in the near future at the southern border, is a really big question."

She also offers, among other direct answers, a response to my question about the oft-repeated spurious claim that Trump's infamous family separation policy that resulted in those horrific "kids in cages" photographs was was actually begun by the Obama Administration. The answer will probably not shock you.

Next, it's our latest Green News Report with Desi Doyen (and, yes, more 'Clean up on Aisle 45' news there as well). And, finally, I close with a plea for Congress to do the right thing, once and for all, when it comes to...daylight saving time...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

On today's BradCast: Joe Biden has been winning quite a bit lately. Today was no exception. So, can he turn that winning streak into a win for labor unions and keep his campaign promise to be "the most pro-union President you've ever seen"?  As of now, he's on track for that as well, according to historians and labor leaders --- even if that's admittedly not a very high bar. [Audio link to show is posted below summary.]

On Wednesday, Biden saw three more of his cabinet picks nominated on a bipartisan basis in the U.S. Senate.  Rep. Marcia Fudge of Ohio will become the first African American woman to lead the Dept. of Housing and Urban Development in 40 years, after vowing to address systemic racial inequities at the federal agency. Michael Regan was confirmed as the first black man to head up the Environmental Protection Agency. And Merrick Garland received his long awaited confirmation as our new Attorney General, as the widely-respected, veteran federal judge takes on the tall task of fulfilling Biden's promise to restore independence to the Dept. of Justice.

None of those, however, were Biden's biggest wins of the day, as the U.S. House gave final approval for his $1.9 trillion American Rescue Plan. The massive COVID relief and stimulus package now heads to the White House for his signature on what some describe as one of the most progressive bills to ever come out of Congress. $1,400 checks to individuals and a $300/week extension of unemployment benefits is just a small part of the bill, which also includes annual payments of up to $3,600 per child, in a provision which policy experts say will cut child poverty in half and adult poverty by a quarter. It will reduce the overall poverty rate in 2021 by more than a third, lower the rate for Black people by as much as 42%, 39% for Hispanics and 34% for white people. In addition, the measure will send $130 billion to reopen schools safely, $34 billion will expand Obamacare subsidies to many more people, $25 billion for emergency rental assistance, and $14 billion will help to speed vaccine distribution, among many other such initiatives. That, on a day that Biden also announced he was securing another 100 million vaccine doses from Johnson & Johnson.

No wonder Republicans have no clue how to oppose the plan (other than with obviously ridiculous and silly lies), after the package received zero votes from GOPers in either the House or Senate. Democrats own this one, and they should do so loudly and proudly. The additional good news here for now is that even Chuck Schumer finally seems to "get it". There is no upside to negotiating with Republicans if they are going to be doing so in bad faith, as they did on the stimulus bill under Obama in response to the Great Recession.

But the central focus of our show today is on a couple of moves by the President that labor leaders, experts, and academics are citing to describe Biden as, so far, the most pro-worker, pro-labor, pro-union President in decades, and maybe ever.

Last week, he surprised a lot of folks on the left by tweeting a direct, unambiguous video message of support for workers who are now voting on whether to unionize at an Amazon warehouse outside of Birmingham, Alabama. It would be the first such facility to do so in the nation. Biden's two and a half message lauded unions for creating the middle class and spoke to American workers' rights under the law to organize for collective bargaining without corporate interference.

And this week, he issued a direct, unambiguous statement of support for the Protecting the Right to Organize (PRO) Act before its passage in the House on Tuesday. Labor leaders describe the initiative as the most progressive, pro-union bill in 80 years. Of course, now all it has to do is overcome a filibuster in the Senate.

We're joined today by longtime labor historian and author NELSON LICHTENSTEIN, Distinguished Professor at UC-Santa Barbara, where he directs the Center for the Study of Work, Labor, and Democracy. Lichtenstein explains both the importance of the PRO Act and the ongoing vote to unionize Amazon down in Alabama. He also addresses the question as to whether Biden could become the most pro-union President in modern times, or even in history.

"The bar is very low," Lichtenstein concedes, in comparing Biden to recent Presidents who may have supported unions with words --- though none as directly as we've seen from Biden to date --- but not necessarily with their actions. "Biden is saying all the right things, but this will all fade unless there actually is legislation that is passed in some form" that turns "the reality on the ground" into a "revival of trade unionism."

"It's one thing to say terrific things --- and I'm not being cynical, all power to him  --  but history will judge him by whether or not there is in fact an increase in real wages, an increase in union membership, an increase in the power of organized labor."

The colorful professor has much more to say that I can possibly do justice to here, so please tune in. But, after we discuss how it just so happens that the most prosperous period in history for the American middle class also coincides with the era when trade unionism and collective bargaining were at their zenith, I ask if there is any actual historical economic data in support of the notion that unions are somehow either bad for business or workers, as folks on the right would have you believe, and as all too many in this country have fallen for after decades of corporate, anti-union propaganda.

"No," Lichtenstein answers emphatically. "There is no support for that. It is good both economically, in an immediate sense, and even more important, politically, because it helps sustain a social democratic ethos and policy block in the country." He goes on to add: "One of the reasons for the deterioration in America of everything --- from race relations to stagnating living standards --- is because of the weakness of unions in the last forty, fifty years."

As noted, do yourself a favor and tune in for our conversation. I learned a lot and suspect you may as well. And, as a gift, we close today with arguably the ONLY good thing to come out of the Trump years: national treasure Randy Rainbow returns with another new tune that may keep you humming all night...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

By a number of happily surprising measures, the confirmation of Joe Biden's Attorney General nominee is going very well. Perhaps even better than expected, according to our guest on today's BradCast.  And, best yet, it may even result in some serious consequences for our former President. [Audio link to full show is posted below.]

But, first up today...The U.S. Supreme Court on Monday finally dismissed a bunch of silly and/or meritless MAGA challenges to the 2020 Presidential elections results in Pennsylvania, Wisconsin, Michigan, Georgia and Arizona. But the case out of Pennsylvania, in which dissents [PDF] to its dismissal were offered by Justices Clarence Thomas, Sam Alito and Neil Gorsuch, warrants notice. The case argued that the Pennsylvania Supreme Court, in ordering [PDF] a three-day extension for the arrival of mail-in ballots, prior to the November 2020 election, violated the U.S. Constitution. The PA Supremes found that, given the pandemic and slow-downs in mail delivery by the U.S. Postal Service, the state's deadline for ballots to arrive by the close of polls at 8pm on Election Night violated their own state constitution's mandate for fair elections. The Republican challenge to their ruling charged that the state high court was in violation of a radical interpretation of the U.S. Constitution's Elections Clause allowing "The Times, Places and Manner of holding Elections" for federal office "shall be prescribed in each State by the Legislature thereof".

That, their argument goes, means that only state legislatures may set any provision whatsoever pertaining to elections. Any such procedure set by a Secretary of State or Governor or even a state Supreme Court is therefore unconstitutional on the federal level. Or so the GOP is now claiming. It is, for several reasons, a ridiculous argument. But it is one that has been given new life in the Trump Era as desperate Republicans took their cue from the former President to come up with any reason whatsoever to nullify election results they didn't like.  There are now at least three, arguably four, Justices on our stolen and packed U.S. Supreme Court who appear to buy into the radical argument. Nonetheless, the case was dismissed on Monday on the grounds that the matter was moot. (There were about 10,000 late arriving ballots in PA last November, and Biden won the state by about 80,000 votes.) But, without an election hanging in the balance, the dissenters noted that this case would have been an ideal moment to settle this matter. Oddly enough, I actually agree on that last point with Thomas, Alito and Gorsuch, and we discuss why on today's show.

That, as GOP-controlled legislatures around the country continue to move forward with new voter suppression schemes following their loss on the Presidential level in 2020. Today for example, Georgia's Republican-majority Senate approved a measure that would require a copy of a Photo ID to even request a mail-in ballot. And that's just the start of what the state's wingnut legislature is now up to, after having recently lost the Presidential race and two U.S. Senate seats in the Peach State.

All of which underscores again the critical need for Congress to pass HR-1, the "For the People Act," which would go a long way toward blocking the new GOP attacks on the right to vote. To do that, of course, Democrats in the Senate will need to end the filibuster. And to do that, Democratic Senators Joe Manchin and Kyrsten Sinema will have to come to understand how they are allowing these overt attacks on democracy itself to worsen at the state level, as they protect the undemocratic Jim Crow-era filibuster.

Then, we're joined by longtime national security and accountability blogger MARCY WHEELER of Emptywheel, who has now moved to Ireland for reasons that she explains on today's program. The real reason we wanted to catch up with her, however, is to discuss the ongoing confirmation process for Biden's AG-designate Merrick Garland --- who completed his GOP-stalled second day of testimony in the U.S. Senate on Tuesday and to discuss Monday's unanimous ruling by SCOTUS that Trump's financial documents must now be handed over to the Manhattan District Attorney, Cyrus Vance, Jr., for his criminal probe into alleged tax, bank and insurance fraud by Trump and his organization, as well as the unlawful conspiracy he directed involving hush money payments to porn star Stormy Daniels before the 2016 election.

Is Trump soon to face very real accountability that could actually include jail time? Whether it's in the New York state case, another criminal investigation into his election interference in Georgia, or even under AG Garland's promised federal response to the conspiracy to take over the U.S. Capitol on January 6th?

Wheeler has lots of thoughts on all of the above on today's BradCast --- and you probably won't be angry about (most of) them. I'll share just one of them for now here, regarding those charged for conspiracy for the January 6th attack on the U.S. Capitol: "All of these defendants, one after another, saying 'I was just swept up by the inflammatory language of the then-President. That may be true, but it doesn't get them off for the crime. But if one after another are saying 'Trump made me do it,' then at some point you've got to respond to that."

Now may be a good time to brush up on the legal meaning of the phrase "seditious conspiracy."

Finally, we close with Desi Doyen and our latest Green News Report, on the continuing fall out from the Texas power and water failure over the past week, the fossil fuel-funded GOPers who lied about it, and the not-a-moment-too-soon official U.S. return to the Paris Climate Agreement...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

There was so much news over the weekend and into Monday that it began to feel a bit like the Trump Era again. Don't worry! It ain't. But it sure felt like it trying to get caught up on today's BradCast. (Or maybe it was barely making it on air in time after we learned the catalytic converter had been stolen from our Prius. Apparently, that's now a thing!) [Audio link to full show is posted below summary.]

Among the stories covered at the top of today's show:

• The U.S. reached the grim milestone of 500,000 confirmed deaths due to COVID-19, the disease which our failed former President had told us would simply "disappear like magic" when the weather warmed last year in Spring. Turns out he was genocidally wrong.

• Speaking of Donald Trump the failure, it looks like he's finally run out of options to prevent his accounting firm, Mazars USA, from turning over subpoenaed tax and other financial documents to Manhattan District Attorney Cyrus Vance, Jr.'s criminal investigation into Trump's hush money payments to Stormy Daniels and into other allegedly fraudulent tax and loan schemes. The U.S. Supreme Court --- yes, even those in the stolen and packed seats filled with Trump appointees --- denied the disgraced former President's final appeal on Monday.

• And, speaking of Trump-related frauds, his buddy Mike Lindell, the CEO of MyPillow, was sued today by Dominion Voting Systems for more than $1.7 billion dollars, in just the latest example of attempted accountability for the suckers who played along with Trump's Big Lie that the 2020 Presidential election was stolen by computerized voting and tabulation systems. Lindell, the wingnut Trump suckup who produced a silly documentary called Absolute Proof (which, as I explain, appears to contain everything but that), has ignored the private voting vendor's prior legal warnings to cease and desist his false claims alleging that Dominion's systems were used to steal the election for Joe Biden. Monday's Dominion suit against Lindell [PDF] is just the latest. The company previously sued Trump attorneys Rudy Giuliani [PDF] and Sidney Powell [PDF] for the same amount in each suit. Another company, Smartmatic --- which has only one contract in the U.S. (here in Los Angeles County, not in any of the battleground states) --- was similarly targeted by Team Trump's Big Lie, as they re-imagined a BRAD BLOG exclusive from 2010 to support their evidence-free claims. They have recently sued Fox "News" [PDF], several of their hosts, as well as Giuliani and Powell for $3.7 billion. We suspect there are still more such suits to come.

Then, as Texas finally begins to thaw out from a massive winter storm that knocked out power and water to millions in the state last week (thanks to the Lone Star State's deregulated system that left it up to private power utilities to decide if they wished to winterize their systems --- they held onto their profits instead, go figure!), it is, once again, the most poor and disenfranchised minority communities who are likely to have the most difficult time recovering. As is too often the case after such disasters, communities of color are likely to pay the biggest price for it.

We're joined today by DR. ROBERT BULLARD, Distinguished Professor at Texas Southern University, author of some 18 books, co-chair of the National Black Environmental Justice Network, and known as the "Father of Environmental Justice". Bullard himself was a victim of last week's power failures in Houston for several days.

"Texas prides itself on being the Lone Star State," he tells me. "But this severe weather event and the power outages and loss of water, has shown us that we are the ALONE Star State. Our energy policy of go it alone, keep the federal government out, doesn't make any sense. And it's never made any sense. We need to re-join the United States [and] rejoin the grid."

"They planned it on the cheap. These [Texas] officials had the nerve, they had the gall to say 'Oh, it's the windmills causing the problem.' In Texas, we have privatized the energy system to the point where people gambled --- they gambled and lost," he says.

Bullard explains the concept of "Environmental Justice" in layman's terms for us, as the need to overcome decades of redlining and poverty that has resulted in a disproportionate impact on minority communities when it comes to pollution, natural disasters and climate change itself. We discuss the "cascading threats that are pushed into certain communities. That's the double whammy, the triple whammy --- what the medical folks call 'co-morbidity', but we call it 'You get hit with everything damn thing!'" He adds: "How these things intersect, it means that these communities are limited when the lights go out, limited in terms of their ability to bounce back. This, for communities that are struggling with a challenge, with a disaster, and the disaster that will unfold when they get these big bills, when the shutoffs come."

On the positive side, however, on the same day that Joe Biden's Attorney General-designate Merrick Garland cited "communities of color and other minorities [who do not have equal justice and] bear the brunt caused by pandemic, pollution and climate change," during his Senate confirmation hearing, Bullard is optimistic. He says he is encouraged by the new Biden Administration's promises to tackle systemic racism and the need for environmental justice.  "These issues were on the ballot in November and we won," Bullard asserts. "We won on policies and platforms that brings justice at the center. Not a footnote, but a headline.  Environmental justice, climate justice, economic justice, racial justice, energy justice, health justice. JUSTICE is the headline"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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

On today's BradCast: Impeachment may be broken, but accountability is still coming. [Audio link to full show is posted at end of summary.]

But, first up: Record low temperatures continued to batter dozens of states and knock out power to millions of customers in several of them. But it is residents of the great state of Texas who are paying the highest price for their government's utter failure to keep the lights...and the heat...and the water on...throughout this foreseeable and deadly cold snap. No, it's not the renewable energy sources like wind power that has failed --- as Fox "News" is frantically misinforming their viewers today --- it's the fossil fuel industry and the state's disastrously unregulated and privatized power infrastructure that has helped create the mess in Texas. Our own Desi Doyen explains.

Then, in a refreshing bit of encouraging news today, Congressman Bennie Thompson (D-MS) has filed a civil federal lawsuit against Donald Trump in response to the deadly attempted insurrection at the U.S. Capitol on January 6th, incited by the disgraced former President. The suit, filed on Thompson's behalf by the NAACP on Tuesday, also names Rudy Giuliani and the rightwing extremist groups Proud Boys and Oath Keepers as defendants. It seeks both punitive and compensatory damages for the assault on Thompson's place of work that left the 72-year old Chair of the House Homeland Security Committee hiding on the floor of the U.S. House for hours and in dangerously close contact with colleagues, two of whom tested positive for COVID in the days that followed. The complaint is believed likely just the first of a potential wave of similar litigation in response to the unprecedented attack on the Capitol which killed at least five people, and which a bipartisan 57-43 majority of U.S. Senators over the weekend at his Impeachment Trial found Trump guilty of having incited.

But guilty or not, the Impeachment process, for a second time in the Trump Presidency, ultimately fell short of the high Constitutional bar of a two-thirds vote needed for conviction, begging the question as to whether the founders misjudged what might be needed by Congress to hold a scofflaw President to account.

We're joined today once again by Constitutional legal scholar JOHN BONIFAZ, Co-Founder and President of the non-partisan governmental accountability group Free Speech for People, and co-author of the 2018 book The Constitution Demands It: The Case for the Impeachment of Donald Trump.

Our wide-ranging conversation on various paths towards accountability for the 45th President includes discussion of Rep. Thompson's lawsuit; Section 3 of the 14th Amendment and how it might be invoked to prevent Trump from running for future office; and as well as criminal statutes which could be invoked against Trump under the leadership of Joe Biden's Attorney General-designate Merrick Garland. On the day after the January 6 insurrection, FSFP joined a coalition of groups calling for Garland to stand up a task force upon his confirmation to pull together all of the disparate investigations into the matter.

Central to any such accountability, however, Bonifaz argues today, is the need for an important reform in the U.S. Senate and accountability for members who serve both there and in the U.S. House. He argues that the failure to convict Trump at his second Impeachment Trial "demonstrates that those who are sworn to take the oath to preserve, protect and defend the Constitution in the U.S. Senate are not up to the task --- at least for the 43 members of the Sedition Caucus, who are every bit as guilty as Donald Trump for voting to acquit him despite the overwhelming evidence that Donald Trump incited this insurrection and was guilty as charged."

He faults "those in power who are not abiding by their oaths" who have allowed Presidents to "assume the powers of a king". To begin reform of Congress, Bonifaz explains, we must start with reform of our electoral system as Democrats have proposed in their critical H.R.1. and S1 bills called the "For the People Act". But to see that through Congress --- and so many other necessary reforms --- we will have to do away with the legislative filibuster, he says.

"The filibuster, as we know, requires a 60 percent majority in the U.S. Senate for anything to pass, and that's contrary to any basic principle of small-d democracy," Bonifaz tells me. "That's a first order of business for those in the U.S. Senate and, frankly, those in the White House who are pledging to protect and defend our democracy. We need to eliminate the filibuster, and we need get on to the business of responding to these voter suppression efforts throughout the country that we now see in state legislatures to try to roll us back and disenfranchise millions of voters."

Of course, Democrats could do that without Republicans at all, with their newly-won Senate majority, but for Democratic Senators Joe Manchin of West Virginia and Kyrsten Sinema of Arizona who have each pledged to protect the filibuster. Even those obstacles however, as Bonifaz explains, are not insurmountable if pressure is applied by Democratic leadership in the Senate and the White House...and if pressure is applied by we, the people on them to do so.

With the "Jim Crow relic" filibuster out of the way, says Bonifaz, the Senate would also be able to invoke Section 3 of the 14th Amendment to prevent Trump from being allowed to hold federal office in the future. The post-Civil War Amendment blocks those who have engaged in rebellion or insurrection against the U.S. Government from becoming candidates for public office. "This is a critical next step needed to ensure that this lawless ex-President is disqualified from running for office again," Bonifaz asserts, detailing how the provision would work with a simple resolution adopted by both the Senate and House.

I hope you tune in for this important conversation today as the quest for accountability continues to continue on The BradCast!

Finally, we close somewhere near where we began, with Desi Doyen and our latest Green News Report focused on the winter storm now battering dozens of U.S. states and the utter failure of Texas lawmakers (and those in other states) to properly harden our critical infrastructure for a 21st century climate changed world...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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