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Latest Featured Reports | Tuesday, July 23, 2019
What to Expect When Expecting Robert Mueller: 'BradCast' 7/22/19
Callers ring in on upcoming testimony of the Special Counsel; Also: Are they nuts? More on the insane move to 100% unverifiable touchscreen voting in Philly and L.A. for 2020...
Sunday 'Racist Bone' Toons
Of course, we "feel a little bit badly", to be honest with you, about the toons in PDiddie's latest weekly collection...
Philly Election Advocates Win Review of Wildly Vulnerable New E-Vote Systems: 'BradCast' 7/19/19
Guest: Election, cybersecurity expert Kevin Skoglund on jaw-dropping Philly failure; More...
Gutting the Government: 'BradCast' 7/18/19
Admin cutting nuclear safety checks, killing scientific analyses, hollowing agencies from Int. to USDA; Also: Feds end Trump hush-money conspiracy probe, release damning docs...
'Green News Report' 7/18/19
  w/ Brad & Desi
Heat wave broils most of U.S.; 'Off-the-charts' heat still to come; U.S. land burned by wildfires doubled in past 30 years; PLUS: Trump Admin moves to end local input on pollution limits...
Previous GNRs: 7/16/19 - 7/11/19 - Archives...
Justice Stevens RIP & Could That 'Ridic-ulous' Case Kill the ACA?: 'BradCast' 7/17/19
Guest: Constitutional law expert Ian Millhiser on the GOP's Obamacare legal challenge and the passing of the 'last great conservative Justice'...
'Mass Confusion and Chaos': New Trump Rule Undermines Healthcare for Millions: 'BradCast 7/16/19
Guest: Politico's Alice Ollstein: Also: House votes to condemn Trump 'racism'; MORE...
'Green News Report' 7/16/19
NOLA dodges bullet, but Barry's impacts are not over; US sees wettest 12-month period on record -- again; PLUS: NYC blackout exposes infrastructure vulnerabilities...
The Weekend Disasters That DIDN'T Happen (and Some That Did): 'BradCast' 7/15/19
Guest: KPFK News Dir. Ernesto Arce; Barry misses NOLA; L.A. immigrants take on Trump raids together; Callers!...
Sunday Underage Toons
PDiddie's weekly toons never get old...though they do tend to get just about as dark as our nation these days...
'When Harry Met Barry':
'BradCast' 7/12/19
Guest-host Nicole Sandler with actor/filmmaker Harry Shearer on NOLA disasters past (Katrina), present (Barry), future; WH journo Brian Karem on Rose Garden scuffle...
'Green News Report' 7/11/19
Barry may test NOLA levees; FEMA understaffed as storm season begins; Climate activist Steyer running for Prez; PLUS: World's most powerful oil cartel afraid of little girl...
BARCODED BALLOTS AND BALLOT MARKING DEVICES
BMDs pose a new threat to democracy in all 50 states...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
VA GOP VOTER REG FRAUDSTER OFF HOOK
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


Guest: Constitutional law expert Ian Millhiser on the GOP's ACA challenge and the passing of SCOTUS' 'last great conservative Justice'...
By Brad Friedman on 7/17/2019 6:46pm PT  

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

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

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

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

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

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

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

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

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

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

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

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Legal scholars find DoJ opinion fails to consider Constitutional measure for Executive Branch continuity during a President's criminal trial...
By Ernest A. Canning on 12/17/2018 9:35am PT  

So long as there is a prospect for the issuance of a pardon by a Vice President once he/she becomes President, or the expiration of the statute of limitations while a President remains in office, the indictment of a sitting President may be the "only" constitutional means for ensuring "Equal Justice Under Law".

That conclusion, of course, is at odds with the official U.S. Department of Justice (DoJ) position that a sitting President cannot be indicted until after he/she leaves office. The DoJ's position is based upon the December 10, 2000 Opinion issued by the DoJ's Office of Legal Counsel (OLC), citing an earlier OLC opinion that "the institution of criminal proceedings 'would interfere with the President's unique official duties, most of which cannot be performed by anyone else.'"

But that position is flawed and is being challenged by a number of legal scholars, including Harvard Law Professor Laurence Tribe, a preeminent constitutional expert, whose famous former students include Supreme Court Chief Justice John Roberts and President Barack Obama.

In a December 10 Boston Globe op-ed and during a subsequent appearance on MSNBC's Last Word with Lawrence O'Donnell (see video below), Tribe noted that the long-controversial OLC opinion lacks the force of a judicial precedent and is at odds with the legal accountability required of all federal officers, including the President...

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




TPM's John Judis on recent history of convention floor fights; Los Angeles Registrar Dean Logan on 240k provisional ballots cast Tuesday...
By Brad Friedman on 6/9/2016 6:25pm PT  

On today's BradCast, Bernie Sanders meets with President Obama, who endorses Hillary Clinton; A look at recent convention battles and whether they suggest Sanders should drop out before the DNC's July convention; And we receive comment from Los Angeles County's chief election official on the seemingly alarming number of Provisional Ballots handed out to voters on Tuesday in the nation's largest voting jurisdiction.

First up, some breaking news from the U.S. 9th Circuit Court of Appeals which has now upheld the Constitutionality of restrictions on concealed carry weapons. Then, Bernie Sanders meets with President Obama at the White House, vows to work with Hillary Clinton to defeat Trump, but promises once again to continue his fight through next week's primary in D.C. and all the way through the Democratic National Convention in July. And President Obama finally endorses Hillary Clinton.

Next, we're joined by John Judis, formerly of The New Republic, now a Visiting Scholar at the Carnegie Endowment for International Peace and author of seven books, included his latest, The Populist Explosion: How the Great Recession Transformed American and European Politics. Judis, who voted for Sanders, nonetheless argues that it's now time for Sanders to bow out and endorse Clinton. He cites two recent historic examples of convention floor fights (Ford/Reagan in 1976 and Carter/Kennedy in 1980, not to mention the mess in 1968) to buttress his case.

Earlier this week at Talking Points Memo, Judis, who acknowledges "Clinton has a lot of weaknesses", nonetheless argued that Sanders should get out after California and endorse Clinton no matter who ended up winning the primary here. "What concerned me was that the Sanders people would take a win in California as a reason to really go fight it out at the convention, and I thought that that would be a terrible mistake for the party and for the country, because of what I've seen happen at those kind of conventions," he tells me today. "It's in the interest of people who are Democrats, liberals who are queasy about Donald Trump becoming our next President, to do what they can to help her. And having a big convention battle will not help her." He offers much more on today's show.

Finally today, the L.A. County Registrar-Recorder/County Clerk Dean Logan offers us response to concerns about the seemingly huge number of Provisional Ballots cast during Tuesday's primary. As we reported in detail on yesterday's BradCast (which included a bonus second hour of callers from across Southern California, both voters and poll workers alike, describing problems at the polling place on Tuesday), voters cast some 240,000 provisionals in L.A. County alone. Between those and the still-untallied Vote-by-Mail ballots, there still more than half a million untallied ballots in the County.

But, following yesterday's program and my query to Logan about the large number of provisionals, he conceded the number does appear "high, but not disproportionately so, compared to other major elections and given the Primary-specific elements everyone was dealing with." Today, as he had promised, he sent more details with provisional ballot numbers from recent comparable elections in 2008 and 2012, which he believes supports the case that the numbers from Tuesday aren't as disturbing as they may seem at first glance.

Logan also responds to concerns about the many reports we've been receiving and reporting on since Tuesday regarding voters being told they had requested a Vote-by-Mail ballot when they attempted to vote at the polling place, even though the voters say they had made no such request. He explains that he's found a number of such voters had registered online and --- either accidentally or due to poor "design of the original online registration application" --- had selected the box that would have made them a Permanent Vote-by-Mail "without intention or understanding". He adds, however, "that is speculative" at the moment, as more investigation and counting of those ballots moves forward. He has told me that L.A. County generally is able to verify and include about 85 to 90 percent of provisional ballots in their final certified results.

His complete response, and a few thoughts of my own in regard to this latest mess --- and so many before it --- now serving to mar confidence in the results of another important election, on today's BradCast...

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

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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