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Latest Featured Reports | Friday, September 25, 2020
Yes, We Can...But Will We?: 'BradCast' 9/24/20
Staring down -- and making sense of -- Trump's cowardly threats against a peaceful transition and to democracy itself; Also: Accountability coming soon for Trump Family in NY; And, yes, even TX is now in play...
'Green News Report' 9/24/20
  w/ Brad & Desi
CA to end sales of new gas-powered cars by 2035; 'Alarming increase' in heat and drought in U.S.; PLUS: China announces bold pledge to reach carbon neutrality by 2060...
Previous GNRs: 9/22/20 - 9/17/20 - Archives...
Why is Team Trump Joining PA's Dem SoS to Defend Unverifiable Touchscreen Voting?: 'BradCast' 9/23/20
Guest: Investigative journo Art Levine: Also: FBI's odd 'Announcement' on election fakery...
Why Does the FCC Allow Sinclair to Violate Ownership Rules in Baltimore?
An investigation of FCC, SEC docs in citizen-filed 'Petition to Deny' licensing for three stations controlled by the media giant may help end 'sham' control of our public airwaves...
Law Prof: Dems' One Chance to Fix Our Broken Democracy is to Expand SCOTUS: 'BradCast' 9/22/2020
Guest: Harvard Law's Michael Klarman; Also: 200,000+ dead; GOP's Supreme hypocrisy...
'Green News Report' 9/22/20
  w/ Brad & Desi
Beta breaks new records as it grinds into Gulf Coast; Smoke from record Western fires causes health crisis; More mega-fires coming; PLUS: RBG's environmental legacy...
Previous GNRs: 9/17/20 - 9/15/20 - Archives...
RBG RIP and the Fight Over What Happens Now:
'BradCast' 9/21/20
Her historic legacy and the unspeakable GOP hypocrisy over her replacement; Also: Callers ring in on what Dems must do next and on expanding the stolen SCOTUS...
Sunday 'Rest in Notorious Peace' Toons
So many cries for Justice in PDiddie's latest collection of the week's best political toons...
'RECOUNTED' with Nils Gilman, Mark Joseph Stern: 'BradCast' 9/18/20
On potential disruption, Constitutional crisis after 2020 election; And the long-overdue end of a racist voter suppression law in NC...
Federal Court Blocks 'Politically Motivated' USPS Changes, Orders Sorting Machines Reinstalled
Judge charges Postmaster General mandates undermined integrity of 2020 election...
More Wins in the War Against the War On Voting in PA, OH, SC & USPS: 'BradCast' 9/17/20
Also: Trump FBI Dir. confirms 2020 Russian interference; Former top Pence staffer plans to vote for Biden; Much more you need to hear...
'Green News Report' 9/17/20
  w/ Brad & Desi
Sally slams AL, FL, GA with record rain, floods; Fires in West behind mass bird die-off; Trump names climate denier to NOAA; PLUS: 175-yr old science issues first-ever endorsement...
Previous GNRs: 9/15/20 - 9/10/20 - Archives...
GA's 'Experts' Flounder in Court Defending State's New Unverifiable Touchscreen Vote Systems: 'BradCast' 9/16/20
Guest: Plaintiff Marilyn Marks; Also: Sally soaks AL, FL; Results of 2020's final primary in DE...
Mostly Good News in Battle-ground Ballot Battles in WI, OH, NV: 'BradCast' 9/15/20
Also: 175-yr old science mag's first-ever endorsement; Broadcast news outlets failing to inform electorate about worsening climate crisis...
'Green News Report' 9/15/20
Hurricane Sally approaches, with more storms on the way; Deadly West Coast fires break more records; PLUS: Biden blasts 'climate arsonist' Trump and urges swift action...
Fires and Liars and Modems, Oh My!: 'BradCast' 9/14/20
Guest: Jenny Cohn on 2020 hacking fears; Also: Climate-fueled fires breaking records; More storms on way; Trump says climate change, like COVID, to just go away...
Sunday 'Can't Trust the Media' Toons
But you CAN trust PDiddie to post the best of the past week's political toons in his latest collection...
Woodward Goes Wayward in 'Biggest Scandal in Modern Journalism': 'BradCast' 9/10
Guest: Journalist David Sirota; Also: Whistleblower, new report reveal U.S. Intel fully upside-down under Trump...
'Green News Report' 9/10/20
'Unprecedented' wildfires explode across Western U.S., man-made climate change is to blame; PLUS: Trolling for Florida votes, Trump flip-flops on offshore drilling ban...
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: Harvard Law School legal historian Michael Klarman; Also: 200,000+ Americans killed (so far) by COVID; GOP's Supreme hypocrisy...
By Brad Friedman on 9/22/2020 6:47pm PT  

On today's BradCast: American democracy is far more broken than most of us realize. But we can't begin to repair it until we've corrected the GOP's stolen U.S. Supreme Court by expanding it and, as our guest today notes, "entrenching democracy". [Audio link to show follows below.]

But, before we get to that today, very quickly, we take note of the more than 200,000 Americans who have now been killed by COVID-19. As AP reports, that is the equivalent of a 9/11 disaster every single day for 67 days in a row. Or the entire city of Salt Lake City, UT or Huntsville, AL being wiped off the map. That horrific number likely under-counts the real total by tens of thousands and is expected to more than double to nearly 400,000 or more dead by the end of this year. The tragic landmark also comes the day after the President of the United States told his supporters at another shoulder-to-shoulder, largely-maskless campaign rally in Ohio on Monday night that the coronavirus "affects virtually nobody."

Meanwhile, Republicans in the Senate appear to have completed their hypocritical contortions of reality in order to declare they are now ready to vote to fill the U.S. Supreme Court seat vacated with the death of Justice Ruth Bader Ginsburg just four days ago. See? That was easy! Never mind all of those vows back in 2016 --- and even as recently as July of this year, in the cases of hypocritical Republican Senators Chuck Grassley and Joni Ernst of Iowa --- that they would never, ever support a new Justice being seated on the Supreme Court in the last year of a Presidential term! The "new rule", as Lindsey Graham dishonestly lied about it in 2016 (on video tape, asking for his words to be used against him if he ever acts otherwise), is now apparently the "old rule" and no longer operative. After his flip, Graham announced Monday night that whoever Trump's nominee is (to be revealed Saturday, before RBG is even buried), they "will be supported by every Republican in the Judiciary Committee and we have the votes to confirm the justice on the floor of the Senate before the election. And that's what's coming."

The news from Graham, who now chairs the Senate Judiciary Committee, comes as Colorado's Sen. Cory Gardner agreed to support Trump's nominee, after saying in February of 2016, when Scalia died, that "I think we're too close to the election. The President who is elected in November should be the one who makes this decision.". It also comes as Utah's Mitt Romney, who voted just months ago to remove Trump from office during his impeachment trial, declared that he believes it's in keeping with "historical precedent" and a matter of "immutable fairness" to consider, ASAP, a third lifetime appointment to the highest court in the land by the man who he didn't even think should hold the job of President just seven months ago. Things change quickly around here.

For the record, Ernst, Gardner and Graham are all facing very tough re-election challenges this year from Democratic Senate nominees Theresa Greenfield in Iowa, John Hickenlooper in Colorado, and Jaime Harrison in South Carolina, respectively.

None of these nightmares, however, could even be happening, were it not for our broken system of democracy. One which has allowed not only one stolen Supreme Court seat back in 2016, but which allows a President who lost the popular vote and a Republican caucus in the Senate which received fewer votes than the Democratic Senators (yet still retains its majority) to break their own invented "precedent" in order to steal yet another seat on the nation's highest Court.

As our guest today characterizes the stolen SCOTUS majority after the GOP's FIRST stolen seat in his upcoming Harvard Law Review article on "The Degradation of American Democracy --- and the Court": "McConnell's stratagem was unprecedented: the theft of a Supreme Court seat. Even though Democrats have now won the popular vote in six of the last seven presidential elections, a combination of the vicissitudes of the electoral-college system, the ability of most Justices to time their retirements, and McConnell's Machiavellian maneuver, has produced the most conservative Supreme Court since the 1930s. This is not how democracy is supposed to work."

But it's how it "works" now, apparently, even as that paragraph was penned before McConnell's latest "Machiavellian maneuver" upon the death of RBG. We're joined today by Harvard Law School legal historian, Prof. MICHAEL KLARMAN, to discuss our broken democracy and how to begin repairing it by expanding the size of the current Court to restore the liberal majority stolen from Democrats beginning in 2016. We last spoke with Klarman back in 2018, when he argued that if Democrats failed to do so when they next regained both the White House and the Senate majority, they would be committing "political suicide". Now, he argues, the case is even stronger and more urgent.

Klarman also clerked for the Honorable Ruth Bader Ginsburg when she served as a judge on the U.S. Court of Appeals for the D.C. Circuit in the 1980s and shares some thoughts on both her passing and on his time working for the now-legendary late Justice at the top of our conversation.

"The argument for altering the size of the Court is very straightforward," Klarman goes on to explain. "The only argument against it is if Democrats do it, then Republicans will do it, and we'll be in a retaliatory cycle that will never end. But there are three different responses to that. One is the Republicans have already done it by shrinking the size of the court by one [for a year after Scalia died]. Second, the Republicans will do it, whether Democrats do it or not, the first time it appeals to Mitch McConnell to do it. Mitch McConnell has demonstrated in the last few days that he's just an utter and complete hypocrite. ... So if Republicans are going to pack the court anyhow, that's hardly an argument against Democrats doing it."

"The other argument is we need to break out of the situation we are in right now, which is a Republican Party and a President that are a threat to American democracy," Klarman warns, before going on to list the ways in which the GOP now "suppresses votes in a score of different ways at the local level --- with voter ID laws, with voter purges, shutting down mobile voting sites so college campuses can't encourage students to vote --- I mean, it's really quite extraordinary what the Republican Party is doing in order to steal elections."

Klarman tells me that any Democratic attempt to entrench democracy, should they win the White House and Senate, can be struck down by a Supreme Court that "will come up with some contrived Constitutional argument to strike it down."

"If you actually entrench democracy, and all Americans who wanted to vote could vote without obstacles, the Republicans Party understands they would never win another election until they start changing their policies so that they appeal to more Americans," he says.

Right now, Klarman argues, "The deck is stacked against Democrats. So Democrats get one chance to do this right [if they are able to win back the White House and Senate in November.] And if they don't do it, then you're going to have to give up on American democracy pretty soon, because this Republican Party supports an authoritarian President who doesn't believe in freedom of speech, freedom of the press, independent judges, who encourages violence, who pals around with autocrats around the world. The Republicans are fine with that. People don't seem to appreciate how alarming the situation is. We are on the cusp of losing our democracy. This is the most important election in American history, since the Civil War."

Finally, as if all of that is not disturbing enough, Desi Doyen joins us for our latest Green News Report! Which, as usual, is filled with nothing but great news all around!...

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

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 9/22/2020 10:53am PT  

IN TODAY'S RADIO REPORT: Tropical Storm Beta breaks new records as it grinds into storm-weary Gulf Coast; Smoke from record wildfires in the West is causing another public health crisis; Rising global temperatures are increasing the likelihood of mega-fires; PLUS: The loss of trailblazing US Supreme Court Justice Ruth Bader Ginsburg is a loss for the environment... All that and more in today's Green News Report!

PLEASE CLICK HERE TO HELP US WITH A (MUCH-NEEDED) DONATION to celebrate 1000+ episodes of independent, listener-supported climate, energy and environmental news! Thank you!

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

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

IN 'GREEN NEWS EXTRA' (see links below): As wildfires, flooding, and hurricanes grow more frequent, climate migration begins; NOAA Taps New Chief Scientist Who Downplays Climate Change; Pebble Mine Project Might Be 9 Times Bigger Than Acknowledged; Maine Farmers Struggle with New, Harsher Climate Reality; Arctic Sea Ice Reaches a Low, Just Missing Record; Inspector General Slams FEMA Over Repeatedly Flooded Homes... PLUS: The Undoing of US Climate Policy: The Emissions Impact of Trump-Era Rollbacks... and much, MUCH more! ...

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




On her historic, nation-changing legacy and the unspeakable GOP hypocrisy over her replacement; Also: Callers ring in on what Dems must do next and on expanding the stolen SCOTUS...
By Brad Friedman on 9/21/2020 6:30pm PT  

On today's BradCast: I suspect you know what we'll be covering. [Audio link to show follows below.]

But, briefly today, before we get to the titanic battle over what may happen in the next 43 days before Election Day, we begin with a few words of warning from Desi Doyen on the latest incoming Hurricanes/Tropical Storms. In the most immediate case, Tropical Storm Beta (so named because we've run out of alphabetical names in this record, climate change-fueled storm season), is set to make landfall near flood-prone Houston on Monday night before a very slow and dangerously wet roll up the Gulf Coast toward New Orleans.

But every tragedy and disaster steps on another one these days (even as our COVID-19 disaster has now resulted in at least 200,000 Americans dead, and a Trump Administration that has politicized the CDC so much that once world-respected federal agency removed its warning that the coronavirus is airborne from its website today, with little explanation.) Despite all of that, we are forced to move in short order to the story of the day --- and perhaps of the next 43 days or more --- the death of U.S. Supreme Court Justice Ruth Bader Ginsberg from metastatic pancreatic cancer, as announced on Friday evening.

We discuss her extraordinary historic legacy both on the Court and before she became a federal jurist 40 years ago, all too briefly today, as the fight over filling her vacant seat began within seconds of her death being announced late last week. Nearly as quickly, Republican Senate Majority Leader Mitch McConnell vowed to hold a vote in the Senate on Donald Trump's nominee this year --- either before or after Election Day --- despite spending a full year in 2016 disingenuously claiming that "the American people should have a voice in the selection of their next Supreme Court Justice" after Justice Antonin Scalia's death in February of 2016. Back then, Obama nominated centrist jurist Merrick Garland a full 237 days before the Presidential election, while McConnell --- holding fast to his dishonest line that the "vacancy should not filled until we have a new President" --- refused to even hold a hearing on the nomination, much less an up or down vote on the Senate floor.

But now, in this case, following the death of a Democratic appointee with a Republican now in the White House, just 46 days before the 2020 Presidential election, McConnell and most of his Republican caucus in the Senate appear ready to move ahead with their rank hypocrisy at lightning speed. That includes Sen. Judiciary Chair Lindsey Graham, who repeatedly said over the years since 2016 that he would never support seating a new SCOTUS Justice during a Presidential year --- and that we should remember his comments and hold him to them, if the need ever arises. Nonetheless, with the death of RBG on Friday, the unmatched world-class hypocrite Graham declared the very next day, on Saturday, that he would indeed "support" Donald Trump "in any effort to move forward regarding the recent vacancy created by the passing of Justice Ginsburg."

It appears it will now be up to the voters of South Carolina to hold Graham accountable. According to the latest polling in the state, he is said to be tied in a tough re-election challenge this year against Democratic U.S. Senate nominee Jaime Harrison.

So far, just two Republican Senators have gone on record to say they would not support a vote to replace Ginsburg before this year's election (does that mean they'd support it afterward, even if Biden wins? Unknown at the moment.) Those two are Sen. Lisa Murkowski of Alaska and Sen. Susan Collins of Maine. Collins is also facing a tough reelection battle in her own home state this year against Democrat Sara Gideon. While there are boatloads of Republican Senators who previously vowed they'd not support the seating of a new Justice in 2020, it remains to be seen which, if any, will be able to avoid an appalling, Lindsey Graham-like flip-flop. As of now, just two more Republican Senators would have to dig deep enough to find the courage and intellectual honesty to do the right thing in order to stop any appointment until after the next President is determined by the American people.

There are a number of other possible factors that may come in to play in the days ahead. For example, the potential election of Democratic nominee Mark Kelly over Sen. Martha McSally in Arizona on November 3rd, in what is actually a Special Election in that contest, could result in Kelly's seating in November, instead of January with the new Congress. If that came to pass, it could mean that just one more Republican vote could stop this charade. There is also the possibility that Democrats could file another impeachment (or two) in the U.S. House to force a trial in the Senate to slow down the nomination battle over whoever Trump nominates to fill RBG's seat.

And, of course, no matter what happens, Democrats need to begin making plans to expand the number of seats on the stolen U.S. Supreme Court NO MATTER WHAT happens with the GOP's attempt to ram through another rightwinger to build on their ALREADY STOLEN Court majority.

And with that, we open the phone lines today for thoughts on RBG's legacy and, much more so, what Democrats should and/or must do now...

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

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Guest: Constitutional attorney Ben Clements of Free Speech for People; Also: New COVID records; Woolery deletes his Twitter account; RBG battling cancer again; Bowman declared 'winner' in NY...
By Brad Friedman on 7/17/2020 7:11pm PT  

It ain't over 'til it's over. And several well-respected Constitutional attorneys have just filed a motion arguing the Roger Stone case is not over at all. Not yet anyway. One of those attorneys joins us on today's BradCast to explain. [Audio link to show is posted below.]

But first, some other news of note today. It's becoming a broken record, but the U.S. broke yet another record for new, daily COVID-19 cases on Thursday. It's the 11th such record smashed in the first 16 days of July. With more than 75,600 confirmed new cases reported on Thursday alone, the U.S. is now quickly rushing toward the 100,000 cases per day that Dr. Anthony Fauci shocked the nation a week or so ago by predicting was likely coming soon.

Of course, why should anybody believe the nation's top infectious disease expert Fauci on these things? Former game show host turned rightwing genius Chuck Woolery certainly doesn't! Or didn't. Maybe he does now. Woolery unleashed an unhinged Twitter rant on Sunday calling news about COVID-19 "outrageous lies", and warning us that "The CDC, Media, Democrats, our Doctors" are "lying" about it all. The President of the United State retweet that screed to much notice on the same day. The very next day, however, on Monday, Woolery tweeted again. This time "To further clarify and add perspective." What was his added perspective? His son had been diagnosed with COVID-19. That led the former "Love Connection" host to concede that the virus "is real and it is here." He deleted his entire Twitter account soon thereafter.

Yes. It's real and here, no matter how much Trump and his duped followers hope to pretend it away. And Woolery is just the latest wingnut to be hoisted on his own idiotic social media rantings suggesting the coronavirus is little more than hoax by the media and by Democrats to help them win the upcoming election and/or to allow Fauci and Bill Gates to control the world. Or something. Unlike so many other wingnuts, sadly, who've offered similarly dangerous public rants over the past several months, Woolery wasn't actually killed by the virus before his embarrassing social media spew revealed him to be an idiot. We send our best wishes for a healthy future to both him and his son.

Similarly, we send such wishes to U.S. Supreme Court Justice Ruth Bader Ginsberg who, after apparently overcoming an infection that hospitalized her overnight this week, announced that she, separately, has been undergoing twice-weekly chemotherapy since being diagnosed with a recurrence of cancer on her liver in May. She has, so far over the past decade, survived pancreatic, colon and lung cancer. She says her current cancer is "at bay" and that she is "able to maintain an active daily routine." In her statement today, she vowed to continue her work at the Court until she can no longer "do the job full steam," adding "I remain fully able to do that." In fact, according to NBC News, other than Chief Justice John Roberts and Justice Brett Kavanaugh, Ginsburg authored more opinions over the past term than any of the other Justices, even as she was undergoing treatment for cancer. Meanwhile, the nation will remain on pins and needles until a new President is sworn in.

Ginsburg's still-sharp mind may soon be needed on a number of landmark matters that could come before the Republican's stolen SCOTUS, as the Trump Presidency (hopefully) nears its ugly end over the next several months, even as he becomes more desperate, manic, narcissistic and reckless with each passing day. One such matter that could come before the Court is a ruling on the Constitutionality of Trump's grant of Executive Clemency to his long time pal, former Trump campaign official, and decades-long GOP dirty trickster Roger Stone.

On Wednesday this week, to little public notice, the non-partisan good government group Free Speech for People (FSFP) filed a motion [PDF] with U.S. District Court Judge Amy Berman Jackson, who oversaw the Stone case and his eventual sentencing to 40 months in prison. Stone was found guilty by a jury of 7 counts of lying to Congress and federal investigators in their probe of Russian interference in the 2016 election, and of witness tampering (threatening to kill the witness and his dog) in his case. Jackson, in her closing remarks after sentencing Stone, said he "was prosecuted for covering up for the President."

That same President then granted Clemency to Stone by commuting his 3-year sentence to zero days late last Friday night, before Stone could even reported to prison as scheduled this past Tuesday. But a number of well-respected Constitutional legal scholars are now arguing that Trump's action on Stone's behalf was unconstitutional and should be overturned by Judge Jackson.

"This case isn't over," declared Ron Fein, Legal Director of FSFP in a statement announcing the motion filed with Jackson on Wednesday. "The Supreme Court has acknowledged that the pardon power is not unlimited, and the Constitution requires the President to exercise that power loyally and carefully in the public interest rather than in his own self-interest."

Joining us on the show today is BEN CLEMENTS, a former federal prosecutor, former Chief Counsel to MA Governor Deval Patrick and now Board Chair and Senior Legal Advisor for FSFP. Clements, with more than thirty years of expertise as a constitutional attorney in both the public and private sectors is co-counsel on the motion filed by this week with Judge Jackson.

"In the very clause establishing the Presidency itself, Article II of the Constitution, the framers included language making clear that the presidency is, in effect, a public trust. Its powers must be exercised for the benefit of the public, and not the personal benefit of the President," Clements tells me today. "They specifically provided that the President is required to take care that the laws be faithfully exercised and executed, and they required the President to take an oath to faithfully execute the office of President."

Clements goes on to explain that the Presidential pardon power, while "considerable" is "not absolute," and that the Supreme Court has recognized those powers "are subject to the textual constraints in the Constitution itself." In other words, as he details today, it can't be used in a criminal manner or with a corrupt purpose. He offers the example that it would be unlawful and unconstitutional for a convicted felon to pay bribe money to the President in exchange for a pardon.

"Granting a pardon or a commutation for a completely unlawful and illicit purpose is antithetical to [the President's] obligation to ensure that the laws are faithfully executed," Clements argues, adding, "There's ample public evidence that this was part of an illicit bribe. Stone agreed to protect the President by refusing to tell the truth, even lying to investigators investigating the role of Trump and his campaign in Russia's unlawful interference in the 2016 election. And Trump agreed, in exchange, to protect Stone from the legal consequences of his illegal conduct."

"At a minimum, the public evidence --- including statements from Trump himself throughout these last several years, and from the White House in describing the reasons for this commutation --- that evidence demonstrates that Trump's purpose in commuting [Stone's] sentence is to reward him for covering up for Trump, and to continue to protect Trump," according to Clement. "So, this is not 'faithful execution' of the laws as required by Article II. This is obstruction of the law, it's obstruction of justice, and it's obstruction of lawful investigations all for corrupt and self-interested purposes."

He says it is up to the court --- right now, Judge Jackson --- to consider the arguments presented and "if the judge agrees that the evidence is persuasive, to declare [the Commutation] constitutionally invalid and to order Roger Stone back to prison."

It's a fascinating twist --- or, at least, a potential one --- in the case. Clements goes on to offer his insight on how all of this may play out in the days ahead...including what may happen once, and if, the case reaches the High Court. You'll want to tune in for today's conversation for much more on this important filing, that has otherwise flown largely under the radar this week with everything else that is going on.

Finally, we end with some bonafide good news --- at least for progressives --- as 44-year old progressive African-American and first time political candidate, Jamaal Bowman, is declared the winner by AP over 16-term establishment U.S. Rep. Eliot Engel in New York's June 23rd Democratic primary. Bowman's reported victory in the 16th Congressional District mirrors Alexandria Ocasio-Cortez' win over 10-term Democratic Congressman Joe Crowley in 2018. And, as with AOC's District next door, Bowman's is heavily Democratic as well, meaning the winner of this year's primary is, as AP reports, "virtually assured of victory in the general election in November."

So there's a bit more good news to take home with you this weekend, as we all limp together towards the hoped-for coming end of the Trump nightmare and all that has come with it...

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

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Longtime Koch researcher Lisa Graves; Also: Biden, Obama, Gates Twitter accounts hacked, but Nov. voting should be fine; KS Repub Congressman indicted on four voter fraud counts! Trump should be next...
By Brad Friedman on 7/15/2020 7:27pm PT  

On today's BradCast: New insight on the nearly 50-year long effort to abolish and/or privatize one of the nation's most-beloved, 250-year old institutions. Just another disaster waiting to happen under the Presidency of Donald J. Trump. [Audio link to full show is posted below this summary.]

First, however, today's show is once again shaken up by breaking news. But some of it, at least regarding Justice Ruth Bader Ginsberg --- who has now been released from the hospital and said to be "doing well" --- is good news. The hack of top Twitter accounts today, including Joe Biden's, Barack Obama's, Bill Gates', Elon Musk's and many others, is not such good news. If a multi-billion dollar company like Twitter can't protect its own servers from hackers, how do you suspect local election officials will be doing this November when it comes to protecting complicated computerized voting, tabulation and registration systems?

Speaking of elections, first-term Republican U.S. Congressman Steve Watkins of Kansas was charged on Tuesday night with three felonies charges and a misdemeanor related to voter fraud after he registered to vote (and then did so) using an address at a Topeka UPS store, where he obviously does not actually live.

Donald Trump committed nearly identical voter fraud crimes. Last year, he also specified an address where he does not live --- a commercial business in Florida (Mar-a-Lago) --- as his "legal address" for voting purposes on his voter registration application [PDF] in the Sunshine State, and unlawfully voted via absentee ballot there this year. Rep. Watkins may go to jail for the same crimes that Trump committed. Will Trump be charged with felonies as well?

And, speaking of voting by mail (lawfully or otherwise), that may also be threatened this year, even as states are expanding access to mail-in voting due to the coronavirus pandemic. A new, Trump-appointed (and wholly unqualified) Postmaster General has just been seated and, this week, sent a series of disturbing memos to all Postal Workers directing them, essentially, to slow down mail delivery and stop all overtime work, even with package delivery (often of much-needed medication and other quarantine-necessary supplies) rapidly increasing during the COVID crisis.

Louis DeJoy, a Trump donor and our new Postmaster General, has postal workers, including hundreds of thousands of union workers, up in arms about the new mandated slowdowns that will accomplish little more than giving a competitive boost to FedEx and UPS, two of the USPS' top private competitors. That, as it turns out, is likely the whole point, according to our guest today, LISA GRAVES of True North Research. Last week, Graves published an 18-page brief [PDF] at In The Public Interest on the billionaire who has been behind what is now a nearly 50-year effort to privatize the Postal Service.

That billionaire is none other than Charles Koch who has spent decades recruiting a rogues gallery of hard-right "libertarians" and Republicans, beginning in the 1970s, up through the Reagan and Bush Administrations, and now into the Trump Administration, to undermine the USPS despite its mandates specified by the U.S. Constitution and the fact that it is among the most popular and important institutions in the nation.

"Charles Koch has mapped out a very dystopian view of America, and has tried to push it into reality," Graves says, and he and his cronies have been successful. "They oppose having public transportation. They have oppose Amtrak, and any kind of public train system. They want public airports to be sold to the highest bidder and operated by the private sector. It's just one thing after another, including public parks! National parks, local parks, public parks --- these are all anathema to these very fringey rightwing libertarians who have been fueled and funded and stoked by Charles Koch and his billions from Koch Industries."

Graves, a former Deputy Asst. Attorney General at the U.S. Dept. of Justice, has been researching and documenting the billionaire Koch's rightwing ideological agenda for years, as he and his late brother David, have worked to undermine and/or buy our democracy and most important public institutions. Her new exposé on Koch and cronies' decades-long effort to kill and/or privatize the USPS is another critical chapter of that important work, and one that highlights, as she describes it today, a perfect "marriage between [his] ideological agenda and greed".

With the USPS now on the brink of insolvency, thanks to the COVID crisis --- and, even more, the 2006 Postal Accountability and Enhancement Act (PAEA), championed at the time by Koch-backed Sen. Susan Collins (R-ME), which handcuffed the independent federal agency --- things could get much worse for the Service very quickly.

Describing Louis DeJoy, Graves tells me today, "It's irresponsible and reckless for them to have put this partisan hack, this Republican fundraiser, at the helm of the Postal Service at the time that it's facing such a great need to have a leader who is committed to it as a truly public institution, versus someone who is behaving in this predatory way to try to basically ruin the Postal Service and push it toward the idea that it should be a for-profit company. It's in the worst possible hands at the worst possible time." But, of course, that is largely the point.

"If it's destabilized right before the election, that sort of destabilization could not happen at a worse time. But it would be convenient for a Trump ally to destabilize it, since Trump is trying to attack the very idea of Vote-by-Mail," Graves warns, along with much more in a must-listen conversation today.

Finally, a few quick words on Tuesday's primary election and runoff results in Alabama, Texas and Maine where, by the way, Sen. Susan Collins will be facing her most difficult re-election bid ever this November against Democrat Sara Gideon, who appears to have sealed up the Democratic nomination to run against Collins in Maine on Tuesday...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Also: Petulant criminal Trump begins purge of Inspectors General...
By Brad Friedman on 4/7/2020 6:41pm PT  

On today's BradCast: Reprehensible and morally unjustifiable rulings by the Republican majorities on both the Wisconsin and U.S. Supreme Courts over the past 24 hours have resulted in tens of thousands of voters forced to choose between risking their lives to cast their ballots or face voter suppression today in Wisconsin. The GOP Justices on both courts now have blood on their hands. [Audio link to show is posted below.]

WI's Democratic Lt. Governor Mandela Barnes was being overly polite when he tweeted today: "Good morning and welcome to the Shit Show! Today's episode has been produced by the Supreme Court and directed by the incomparable Speaker and Senate Majority leader duo," before adding: "Buckle up, this one's sure to disappoint!" He was being too kind in his reference to the 4 to 2 party-line vote that yesterday evening overturned an Executive Order that would have postponed today's election in the Badger State until June, as issued by Democratic Governor Tony Evers. The case which blocked that order was brought to the state Supreme Court by GOP Assembly Speaker Robin Vos and Senate Leader Scott Fitzgerald, both representing "majorities" in their respective state chambers thanks to Republican gerrymandering that prevented Democrats from controlling the state legislature despite receiving more votes than Republicans.

The state court's decision assured that WI voters faced potential death if they chose to vote in person at polling places (if they could find one open) in the middle of a deadly pandemic on Tuesday. The immoral decision was made even worse by the stolen Republican majority on the U.S. Supreme Court who, even later last night, in an unsigned 5 to 4 opinion [PDF] overturned a lower federal court judge's ruling [PDF] which had allowed 6 extra days for voters to return absentee ballots, given that tens of thousands of state voters have yet to even receive theirs due to the influx of requests amid the pandemic. Somehow, those voters are supposed to postmark or return them by today to be counted, even though many won't even receive the ballots for days after the April 7 election. It was, as Slate's Mark Joseph Stern writes, "one of the most brazen acts of voter suppression in modern history."

Thus, tens of thousands of Wisconsin voters are now certain to be disenfranchised, thanks to the repugnant rulings by every Republican on both Courts. WI voters and those who know them may consider themselves lucky if voter suppression is the ONLY thing that happens to them after being forced to stand in lines that snaked for blocks and blocks (and blocks) before being forced to crowd into consolidated polling places for lack of poll workers willing to risk their own lives. (In Milwaukee, for example, instead of 182 polling places, there were just FIVE today.)

As you might imagine, my head has been repeatedly exploding over the past 24 hours. We describe on today's show what happened on Tuesday, why the state Supreme Court decided as they did (hint: it was to and ensure Republican majority control of the same state Supreme Court which issued this horrific ruling, for as far as the eye can see), why the U.S. Supreme Court decided as they did (hint: they invoked their absurd "Purcell Principle" in order to allow voter suppression to continue across the country this fall and beyond), and what all of this now horrendously portends for upcoming elections in the 20+ states which previously postponed their primaries due to the COVID-19 crisis and for the 50 states that will be running the most critical election in our nation's history --- pandemic or no pandemic --- this November 3rd.

None of this is a good sign for free and fair elections in a supposed representative democracy. All of it brings shame and disgrace to the GOP and their followers...if they are capable of either.

Then, as if everything else wasn't already bad enough, Donald Trump is now on a tear to purge independent Inspectors General from the U.S. Government, including even long time career officials and those he appointed himself, because he's an unstable, insecure, dishonest, criminally unfit, petulant little man-baby President. We tell the stories today of the Intelligence Community IG he fired late last Friday night for having followed the rule of law in reporting the whistleblower complaint to Congress during Trump's attempt to extort Ukraine to help him win this year's election; his new threats to and blatant lies about the Health and Human Services Dept. IG who reported on Monday that the federal government bears some of the responsibility for a lack of personal protective equipment, ventilators and testing kits at hospitals across the country; and his removal on Tuesday of the longtime, well-respected career Pentagon and State Department IG who was recently elected by his peers as chair of the Council of the Inspectors General on Integrity and Efficiency as he was set to oversee the Administration's distribution of $2.2 trillion recently allocated by the emergency coronavirus relief bill enacted just over one week ago.

Finally, Desi Doyen joins us for the latest Green News Report with the brightest and best news of the day. And none of it is good either.

As the WI Lt. Governor said: Welcome to the Shit Show!...

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Guest: SMART Elections co-founder, documentarian Lulu Friesdat: Also: RGB treated for pancreatic cancer; David Koch dies; Trump blows up markets, trade war with China; Amazon burning...
By Brad Friedman on 8/23/2019 6:38pm PT  

Just before airtime for today's BradCast, everything seemed to blow up at once (figuratively!) But we do our best to navigate through the most important explosions, including one that is likely receiving little coverage around the country. An astounding vote by the North Carolina Board of Elections --- led by a new appointee of Democratic Gov. Roy Cooper --- has allowed the certification of controversial, new, 100% unverifiable touchscreen voting systems in the state for the 2020 elections. The Board's vote was 3 to 2 against a motion that would have blocked the dangerous and expensive voting systems made by ES&S, with the newly-appointed Democratic chair voting with the Board's two Republicans to kill the motion. It had been put forward and supported by the two Democratic Commissioners and supported by virtually every public commenter who packed today's SBE meeting. We discuss that remarkable news and much more with our guest today. [Audio link to full show is posted at end of article.]

But first, a few of the other items blowing up in today's news that you have likely heard a bit more about than the very bad news out of NC today. The U.S. Supreme Court released a statement that Justice Ruth Bader Ginsberg has completed radiation therapy for a malignant cancerous tumor discovered on her pancreas at the end of July, but that there is no evidence of the disease remaining in her body at this time. The 86-year old Justice underwent surgery for lung cancer in December and was diagnosed with colorectal cancer in 1999 and pancreatic cancer in 2009.

Rightwing billionaire David Koch has died, according to his brother Charles. Collectively, the pair had raised and spent about $1 billion on elections and in support of almost exclusively Republican candidates and causes in recent years. Just last week, brother Charles was allowed to absurdly opine in a Washington Post op-ed that "both sides" of the political spectrum "have made it harder to come together as a country."

And, the Dow Jones took another 600+ point dive on Friday, after China announced retaliatory tariffs on U.S. goods and as Donald Trump pitched a tirade on Twitter in response. Not only did he announce intentions to double-down several times in kind today, but he also attacked his own Fed chair Jerome Powell by calling him an "enemy" of the U.S. and comparing him to China's Chairman Xi. But, that's not all. He then absurdly declared that he has "hereby ordered" U.S. companies to stop doing business with China and their 1.4 billion consumers. White House officials, as well as Republicans in Congress and rightwing business groups were reportedly left dumbstruck by the President's latest and increasingly unhinged Twitter pronouncements as he headed off to France for a G-7 summit with allies --- and as the market headed sharply "south" in response to it all.

With the figurative national cancer in the White House seemingly metastasizing quickly at this point, and with corporate media focused almost exclusively on the horse race elements of the 2020 Presidential election, we look once again toward the quickly deteriorating track conditions on which next year's horses will be running. That issue has received a lot of coverage on The BradCast over the past several weeks, if not from the rest of the media, including news of the federal judge finding Georgia's entire touchscreen voting system unconstitutional; voting and tabulation systems discovered online in at least ten states, including several battleground states, despite claims by elections officials and private vendors that the systems were never connected to the Internet; ransomeware attacks that have shutdown city government computer systems in 22 Texas municipalities over the past week; and the successful efforts by citizens in New York, Pennsylvania and Georgia to demand new security reviews of recently certified, hackable touchscreen voting systems.

But the wild twists and turns in the battle against the new systems in the battleground state North Carolina came to a shocking and disappointing conclusion today, after scores of citizens spoke out against the dangers of the new computer-printed, barcoded ballot system being unleashed in the state. While largely the only person to testify in favor of the systems was a representative of the company selling and servicing them, the State Board of Elections certified them for use anyway, with the help of the Board's new Democratic chair voting with its Republican Commissioners in a series of stunning 3 to 2 votes.

We spoke to a number of folks on the ground in NC today, who testified against the new systems, and they were both stunned and furious. Frequent BradCast guest Marilyn Marks of the Coalition for Good Governance (a plaintiff in the successful federal case against Georgia's touchscreen voting machines) is a North Carolina resident who testified today. She sent me a statement just before airtime: "As a North Carolina voter I am embarrassed by the level of ignorance shown by three of the five members of the Board. The arguments they made wouldn't pass muster in fifth grade civics class." Another opponent of the new systems, Lynn Bernstein, an election security advocate, aerospace test engineer and ardent supporter of hand-marked paper ballot systems also spoke today and told me afterward that the new Chairman Damon Circosta "couldn't cite a single reason" for his vote, "other than he has confidence the new system will be fine."

We're joined today by longtime, award-winning journalist, columnist, documentarian and SMART Elections co-founder LULU FRIESDAT for her response to today's stunning news from NC, which she says she regards as a "coup" that will allow the new, unverifiable touchscreen voting systems next year in the closely divided battleground state of North Carolina as well as other jurisdictions such as Philadelphia and Los Angeles, unless the public can rollback this alarming trend.

"We have state after state after state --- we have this in Pennsylvania, in Philadelphia, we've had it in New York, they had it in Kansas --- it's the same ES&S machines. And now you're seeing it in North Carolina, where you have a vast majority of citizens coming to these Board of Election meetings saying 'We want hand-marked paper ballots! We want voting systems that we can trust! We don't want touchscreen barcode systems!' And the election officials are putting in place those electronic touchscreen barcode systems that are the exact ones that people are protesting against."

She cites broad donations by vendors to many of the officials tasked with selecting the systems and passing statutes which allow them.

We also discuss the disturbing news out of DefCon's Voting Village a week ago, where she witnessed new voting and electronic pollbook systems --- like the ones now set for use in NC --- being easily hacked by attendees in minutes time. "This is the third year that they've had a Voting Village, where they have voting machines that are in use in the United States available there. And each year it becomes more clear that really, every system is extremely vulnerable. There was not a single system there, to my knowledge, that was not penetrated in some way, or they didn't find vulnerabilities," Friesdat tells me.

And, finally, we discuss her newly-launched effort at SmartElections.US to help train and organize voters nationally to help oversee our own public elections via her new #CountTheVote citizens initiative to help people "get involved on a very local level" .

CountTheVote will be "training people who care across the country, in county by county, especially targeting states where we know this is really going to come down to the wire, swing-states, giving people the toolkits that they need and the skills and information they need.," she explains. "You can have conversations with your election officials to try to influence them to purchase secure voting equipment. Get other groups involved to start pressuring them. This is happening all over the country."

Finally, if it seems that the world is on fire of late, that's because it is --- both figuratively (see everything above) and literally, from the Arctic to the Amazon. We close with a few words on the troubling developments in the Brazilian rainforest where that country's Trump-like authoritarian climate science-denying leader, Jair Bolsonaro, is actually blaming non-profit groups fighting to save the Amazon rainforest for the global warming conditions and Bolsonaro policies that are actually helping to spark the massive fires in a region of the world that otherwise helps turn climate warning C02 into oxygen. At least it did before the record fires have become to consume the region...

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

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

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

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

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

Among the many decisions we discuss in some detail today:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Among the stories covered today...

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

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

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

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Guest-host Angie Coiro with Joel Simon of Comm. to Protect Journalists; Also: Fate of big-tech host cities; Weld to primary Trump?; RBG returns...
By Angie Coiro on 2/15/2019 6:11pm PT  

On today's BradCast, I'm in for Brad and Des, dropping by from my own show, In Deep with Angie Coiro.

Today's Rose Garden press conference was drenched in irony: a faltering, incoherent, angry man declaring a "national emergency", even as he demonstrated that he's the crisis. Donald Trump yelled at reporters to sit down, fell into sing-song whimsy, showed off his version of a Chinese accent, repeated phrases when he lost his train of thought, wielding terrifyingly grown-up powers with the gravitas of a toddler in a man's suit.

Fortunately, enough roadblocks will be thrown down --- by Reps AOC and Castro, by Nancy Pelosi and Chuck Schumer, by the ACLU, and presumably by property owners along the proposed wall sites --- that he should be kept busy and irritated for some time. The taxpayer money wasted will be appalling.

Republican former Massachusetts Governor Bill Weld appears willing to throw himself atop the bomb: he says he may primary Donald Trump. He minced no words -– I mean, he was stunningly straightforward -– in criticizing his fellow GOPers, who he said exhibit all the signs of Stockholm Syndrome(!). Someone needs to step up, he says. He even hints that he's willing to act as a spoiler to damage Trump in the general.

Plus the latest on Facebook, Amazon, and what tech campuses have to offer their neighbors.

Finally, my guest JOEL SIMON of the Committee to Protect Journalists. His new book, We Want To Negotiate, makes a compelling case that both the US and Britain need to re-examine their "we don't negotiate with terrorists" policies. His research puts the lie to a lot of assumptions, for example, that to pay ransoms will encourage more kidnappings. It makes sense on the face of it, but --- wrong.

Download MP3 or listen online below...

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Guest: Slate's Mark Joseph Stern; Also: Surprisingly good news from the courts; SOTU cancelled?; ISIS not defeated...
By Brad Friedman on 1/16/2019 6:42pm PT  

We start off today's BradCast with two encouraging legal rulings from the courts with our guest today, Slate legal reporter MARK JOSEPH STERN. [Audio link to complete show follows below.]

First up, the damning opinion issued on Tuesday by a U.S. District Court judge in Manhattan finding Treasury Secretary Wilbur Ross repeatedly violated the law --- and lied about his reasons for doing so --- in adding a controversial question on citizenship to the 2020 U.S. Census. Stern joins the federal judge in calling out Ross' lies about adding the question supposedly at the request of the the Dept. of Justice to help enforce the Voting Rights Act (rather than as a blatant attempt to rig the Census in hopes of boosting GOP political power during the next round of redistricting).

"By my count, Judge Furman held that Commerce Secretary Wilbur Ross violated the law by adding the citizenship question in at least six different ways," Stern observes. "When you add them all together, it is a sort of symphony of lawlessness that cannot be ignored by the courts."

"Ross just lied. He lied to Congress. He lied in court filings about why he added this citizenship question. It is very clear, black letter law, that when a federal agency like the Commerce Department wants to take some kind of formal action, it has to give the real and truthful grounds for its decision, it has to justify it truthfully. Ross just didn't do that here." He goes on to explain, however, that, despite the encouraging ruling yesterday, the Republicans' stolen Supreme Court will ultimately enjoy the final say on the matter. He also shares his thoughts on whether Ross should be and/or will be criminally prosecuted for lying to Congress and the courts about the issue, as made clear by the federal court ruling.

Then, Stern offers some surprisingly good news from SCOTUS today regarding a unanimous(!) opinion from the Court supporting the right of some workers to bypass costly arbitration clauses and file class action lawsuits against employers when they are ripped off by them --- though only in certain circumstances. Still, given the unanimous opinion in this case, authored by Neil Gorsuch of all Justices, we'll take it!

Next, we review Tuesday's confirmation hearing in the U.S. Senate Judiciary Committee for Donald Trump's Attorney General nominee William Barr. Stern warns that his troubling record alone --- "Barr takes a wildly expansive view of executive power and authority" --- might have been enough to derail his nomination in any other time, but for the fact that so many Democrats and Republicans alike are now desperate to replace Trump's wildly unqualified (and, arguably, unlawfully appointed) Acting AG Matthew Whitaker.

Barr, who served briefly as AG in 1991 during the George H.W. Bush Administration (where he successfully pushed for Presidential pardons for a number of top officials involved in the Iran-Contra scandal), promised independence from the White House and that he would allow Special Counsel Robert Mueller to complete his probe into Team Trump's alleged involvement with Russia and obstruction meant to cover it up. However, Barr equivocated on a number of points related to the probe, such as whether he'd recuse himself from overseeing it if DoJ ethics officials advised him to do so, and whether he would release Mueller's report at all to the public.

Stern shares insight and response to a number of other troubling moments from Tuesday's hearings, such as when Barr responded to a question from Sen. Richard Blumenthal (D-CT) about whether a sitting President could be indicted and when he was asked directly by Sen. Amy Klobuchar (D-MN) about whether the Justice Department, under his command, would "jail reporters for doing their jobs". Barr's response on the former was questionable, at best, and downright chilling on the latter, from the man tapped to be the nation's top law enforcement official. "There's just a right and wrong answer here," Stern quips, "and he gave the wrong one."

Finally today, the State of the Union Address to a joint session of Congress previously scheduled for later this month may now be cancelled amid the ongoing historic federal government shutdown, as House Speaker Nancy Pelosi rescinded her invitation to Trump today. And, in Syria today, four Americans --- two U.S. troops and two civilians --- were killed and three others wounded after a bombing claimed by ISIS in a crowded area. The attack in the northern city of Manbij comes on the heels of Trump's claim to have ordered the withdraw of all U.S. troops in country, based on his assertion that "we have defeated ISIS in Syria." The President's claim --- which helped lead to the resignation of Defense Secretary James Mattis before Christmas --- was, remarkably, repeated by Vice President Mike Pence today during an address at the State Department several hours after the news of the deadly attack on Americans and others in the war torn nation had become public...

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

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Federal closures having real effects (but not on Trump's business); RBG absent at SCOTUS; High Court rejects Exxon; AOC floats tax increase, GOP freaks out; Callers ring in on Democratic majority priorities...
By Brad Friedman on 1/7/2019 6:10pm PT  

On today's BradCast: Desi and I are back after the holidays --- and to end the shutdown! You're welcome! There's a LOT of news to catch up on as Democrats officially settle in to their new U.S. House majority with the federal government remaining partially closed thanks to Donald Trump's new demand for $5 billion in tax-payer money (not Mexico's) to fund his southern border wall. [Audio link to show follows below.]

The federal shutdown is beginning to cause very real and negative effects across the country, particularly at our national parks and monuments and, if it goes on much longer, in food assistance to the poor. Oddly enough, National Park Service rangers are still deployed to one historic site in D.C. --- the one that happens to be inside the Old Post Office building....which is now the Trump International Hotel.

Meanwhile, Trump has announced plans for a prime-time speech to the nation on Tuesday night to address his pretend "National Security crisis on our Southern Border" and is requesting airtime for it from the national TV networks. However, while Trump is standing firm on his demand for some $5 billion to fund his border wall, (and Dems are standing equally firm in not giving it to him), his very own proposed budget plan for 2019 [PDF], as given to Congress last year, requested just $1.6 billion for the wall. (Seriously, open on the PDF and click on the section for the Dept. of Homeland Security, where it details the Admin's 2019 request: "Critical investments include $1.6 billion for construction of the border wall.") That's almost exactly what the Republican-controlled U.S. Senate voted to give him last year, which Trump agreed to...before criticism from Righwing media led him to increase his demand two weeks ago.

So, it's left to me, I guess, to explain how Democrats should give Trump exactly what he asked for in that proposal last year --- as written by Office of Management and Budget chief and now Trump's Acting Chief of Staff Mick Mulvaney --- in order to solve the very real shutdown crisis.

Also, among the many other stories covered on today's show:

  • For the first time in her career as a U.S. Supreme Court Justice, Ruth Bader Ginsberg, recuperating from cancer surgery, was not present for oral argument at SCOTUS on Monday.
  • In better SCOTUS news, the Court rejected ExxonMobil's plea to save them from an investigation by the Massachusetts Attorney General into the oil giant's decades of apparent fraud regarding climate change.
  • Over the weekend, newly-minted progressive Democratic Congresswoman Alexandria Ocasio-Cortez called for restoring the 70 percent income tax rate for the lucky few earning more than $10 million a year, in order to help fund a 'Green New Deal' to save the planet. Republicans, predictably, are both freaking out and lying about her proposal.

And, finally, we open up the phone lines to callers on all of the above and much more, including what listeners hope to see Democrats take on as their top priorities in the new Congress...

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

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Guest-host Angie Coiro w/ the latest on that and other news; Also: Amber McKinney on DACA; D.D. Guttenplan on a progressive future...
By Angie Coiro on 11/9/2018 7:07pm PT  

On today's BradCast, I’m in for Brad and Desi today – Angie Coiro, of In Deep with Angie Coiro.

My guests are AMBER McKINNEY, from Law360, discussing the DACA ruling from the 9th circuit and Trump’s latest royal edicts on immigration; and D.D. GUTTENPLAN, editor-at-large at The Nation, and author of the new book The Next Republic: The Rise of a New Radical Majority.

Of course, we have to start off with a lovely story: the Wall Street Journal reports that Donald Trump's been caught red-handed, connected directly to the hush money sent to former mistresses.

Then it's onto the two ongoing big stories: horrific fires in Northern and Southern California, and the elections grinding on in Florida, Arizona, and Georgia. Both the NAACP and a passel of retired generals have weighed in against GOP interference.

A review of the numerous headlines on Trump's efforts to alter immigration policy by presidential proclamation, and his loss in the 9th Circuit court on his efforts to undercut DACA.

A sprinkling of good news (Ruth Bader Ginsberg already back and work! Thousands in the street protecting Mueller!), then D.D. Guttenplan with his new book on revolutionaries rejuvenating our republic.

Download MP3 or listen 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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