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Latest Featured Reports | Thursday, September 29, 2022
Keeping Up With Ian and Trump's GOP Fraudsters: 'BradCast' 9/29/22
Guest: Nicole Sandler from FL; Also: Election tampering charges in MI; Bad days in court for Powell, Dobbs, Fox 'News'; Trump's corrupt MAL judge strikes again...
'Green News Report' 9/29/22
  w/ Brad & Desi
Hurricane Ian smashes records, pummels FL; Manchin's permitting reform bill collapses; New probe for PG&E; PLUS: Mysterious breaches erupt on Russian gas pipelines to Europe...
Recent GNRs: 9/27/22 - 9/22/22 - Archives...
KS Abortion Referendum Data Suggest Women Being Under-Counted in Midterm Polling: 'BradCast' 9/28/22
Guest: Tom Bonier of TargetSmart; Also: Hurricane Ian storms ashore in FL...
Critical Elections, Catastrophic Storm Bear Down: 'BradCast' 9/27/22
Poll workers needed!; Ian closing in on FL; Scofflaw TX A.G. flees process server; Congress nears Electoral Count Act update; Listener mail...
'Green News Report' 9/27/22
  w/ Brad & Desi
Ian takes aim at Florida; Fiona broke records in Canada; Noru pummels Philippines; Winter fuel prices soar; PLUS: Pacific Island nations call for fossil fuel non-proliferation treaty at U.N.
Recent GNRs: 9/22/22 - 9/20/22 - Archives...
'Gold Standard' SCOTUS Poll Finds Majority of Americans Support Expansion of High Court: 'BradCast' 9/26/22
Also: Disinformationists; Fascism rising; Hurricane Ian threatens FL; Callers ring in...
Sunday 'Heavy Traffic' Toons
Be sure to check PDiddie's latest collection of the week's best toons before crossing state borders. You're welcome!...
Trump, Lindell, Ginni Thomas --- Geniuses All!:
'BradCast' 9/22/22
GOP election conspiracists have bad lawyers; Also: Garland's moving (and telling) remarks at swearing-in of new American citizens...
'Green News Report' 9/22/22
  w/ Brad & Desi
U.N. Sec-Gen wants fossil fuel industry to pay up; New plastics initiative; Puerto Rico still lacking power and clean water; PLUS: Senate approves first climate treaty in decades...
Recent GNRs: 9/20/22 - 9/15/22 - Archives...
It's National Voter Registration Day!
(Who Knew?): 'BradCast' 9/20/22
Also: Beer shortage?!; More on DeSantis' migrant scam; Electoral Count Act reform news; Good (and bad) news for disabled voters; Much more...
'Green News Report' 9/20/22
Simultaneous storms, in Puerto Rico, Alaska, Japan; Climate change juiced Pakistan floods; Aussie energy turnabout; PLUS: Plastics plant blocked in LA...
Kidnapping is a Crime. Will DeSantis Be Held Accountable for It?: 'BradCast' 9/19/22
Also: Media still pulling punches on GOP; Elizabeth finally buried, so will CNN finally cover weekend's THREE hurricane landfalls?!; Plus, callers!...
Sunday 'Pawn' Toons
Make your move to PDiddie's latest collection of the week's best political toons...
Reagan's Big Government Gift to Big Pharma is Still Giving, Killing: 'BradCast' 9/16/22
Guest: Ernest A. Canning; Also: Trump's failed GA election theft; NH GOP Sen. nom flip-flops on 2020 denial; Patagonia gives away company to save planet...
More Good News for Ds; More Fraud Accountability for Rs: 'BradCast' 9/15/22
Biden approval up, strike averted; Trump NY fraud; Feds probe Lindell CO fraud; Fraud probe of MI GOP A.G. nom; NY Election Commish charged w/ absentee vote fraud...
'Green News Report' 9/15/22
U.N. says world in 'uncharted climate territory'; Summer 2022 hottest ever; Clean energy will save world $12 trillion; PLUS: Biden touts IRA, national EV charging network...
'Groundbreaking' Victory for CA's Half-Million Fast-Food Workers: 'BradCast' 9/14/22
Guest: TAP's Harold Meyerson; Also: Rail worker strike looms; Noteworthy primary results from DE, RI, NH...
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: Dan Vicuña of Common Cause; Also: More lousy reporting from corporate media on Biden's booming economy...
By Brad Friedman on 2/8/2022 6:40pm PT  

Today on The BradCast: As of this past weekend, the news was much better than expected regarded this decade's round of redistricting around the country. That may have changed in a heartbeat on Monday evening with another horrible "Shadow Docket" ruling from the Republicans' stolen and packed U.S. Supreme Court. [Audio link to full show is posted below this summary.]

But, before we get there today, one additional point on a topic discussed in detail on yesterday's show. We noted that the GOP appears to be eating itself alive, with Trump attacking Pence for not helping him steal the 2020 election, Pence (gently, but finally) pushing back at Trump, and the RNC, at its Winter Meeting last week in Utah, voting to censure its own Reps. Liz Cheney (R-WY) and Adam Kingzinger (R-IL) for daring to join in the probe of the deadly, January 6, 2021 attack on the U.S. Capitol, which the RNC's resolution described as nothing more than "legitimate political discourse".

At the same time, the economy is booming at record numbers under President Biden and Democratic control of Congress. So, given all of that, we asked yesterday why Democrats are thought to be in so much trouble this November? We placed a lot of blame on the corporate media for their often ridiculous, lazy, sometimes out-and-out inaccurate, double-standard coverage of Biden and the Dems. Most notably, as we've been shouting here for months, on the economy, with last year's 6.6 million new jobs simply blowing away all previous Presidents in U.S. history, not to mention the lowest unemployment and highest growth in GDP since the 1980s.

Among the many failures of the corporate media is their reporting on monthly jobs numbers from by the Bureau of Labor Statistics as "disappointing" (including numbers that, when they were even lower under Trump, were described as "robust" or even better). That, as the BLS has, almost every single month for the past year, revised previous monthly new job numbers upward by more than 100,000 and sometimes much much more. Well, the media did it again at the end of last year, when describing "disappointing" new jobs numbers in November and December. Both months, as expected, were revised upward last Friday by BLS, but were largely overlooked by the media. And yet these were no small adjustments!

November's new jobs numbers were adjusted from 199,000 initially to 510,000! And the jobs gain revisions in December went from a "disappointing" 249,000 new jobs to 647,000 — painting a much stronger picture of the labor market than reported over those months last year. If we knew the numbers would be revised upwards last year, with our huge BRAD BLOG World News Headquarters resources, why didn't the corporate media report that appropriately at the time? Of course, they did know, but, for some reason, buried that information along with the record low unemployment numbers and record high GDP growth. Why? Decide as you see fit.

Next, the new decennial round of Congressional redistricting has been looking much better for Democrats (and American Democracy along with them), than previously predicted by experts in the run-up to drawing new maps following the 2020 Census. Last week, Cook Political Report's Dave Wasserman even declared "Dems have taken the lead on" his group's "2022 redistricting scorecard," citing favorable state court rulings and other developments putting Democrats "on track to net 2-3 seats from new maps vs. old ones."

Among the recent new developments, late last week North Carolina's state Supreme Court found that the state's GOP-created Congressional and state legislative maps were partisan gerrymanders in violation of their state Constitution. That ruling followed on a similar one from Ohio's Supreme Court which found the same in the Buckeye State, leading them to order new maps as well. At the same time in New York, one of the few states where Democrats control the process for drawing new maps, three districts were drawn that are likely to flip "red" House seats to "blue" (which has outraged state Republicans, leading them to file a lawsuit against what they see as a "partisan gerrymander" in violation of the state Constitution, despite their party doing the same and much worse in a bunch of states where they control the redistricting process.)

And, all of that followed a recent ruling from a three-judge panel in federal court finding that Alabama Republicans violated Section 2 of the Voting Rights Act with their new House map that drew six White-majority districts and just one Black-majority district, even though Black voters in Alabama represent 27% of the electorate. The three federal judges --- two of them Trump appointees --- ordered a second Black-majority district to be drawn after a days-long trial, including more than a dozen expert witnesses. The three judges unanimously declared in their "meticulous" 225-page ruling [PDF] that "we do not regard the question ... as a close one.”

Nonetheless, on Monday, in a stunning 5 to 4 ruling on the U.S. Supreme Court's "Shadow Docket", without any oral argument, etc., the rightwingers on the High Court stayed [PDF] the lower court's ruling to allow the unlawful racial gerrymander to remain in place for the 2022 mid-terms and perhaps longer. Even Chief Justice John Roberts, who wrote the 2013 opinion that gutted the VRA's critical Section 5 preclearance provision, voted with the Court's liberals. But, Roberts' vote was not enough. All of which tees up the Court, as expert fear, to gut Section 2 of the Act as well.

Since the Court's 2013 decision all but killing Section 5 preclearance of new election laws in jurisdictions with a history of racial discrimination at the polling place, Republicans have claimed that there was always Section 2 that protected against laws with a discriminatory effect in all 50 states, though only after such laws went into effect. Now, experts worry that a full SCOTUS opinion after a hearing later this year on Alabama's racial gerrymander may result in the Court further chopping away at Section 2.

We're joined by one of those experts today. Common Cause's National Redistricting Manager DAN VICUÑA is here to explain both the good news and, as of Monday, very troubling news on the latest round of redistricting, including what the new SCOTUS ruling is likely to mean moving forward, for Alabama, for other states, for the future of the VRA, and for American Democracy itself.

"I think there is within the conservative majority on the Supreme Court a sort of deep skepticism about the Voting Rights Act, which is one of the most effective pieces of legislation to turn back, fight back against our sordid history of racism," Vicuña explains today. "It's been incredibly effective in giving people of color the opportunity to make their voices heard in elections. I think the conservative majority --- at least some of them --- just don't like it very much." And that could be very bad news for American Democracy indeed.

Finally, Desi Doyen joins us for our latest Green News Report, with a boatload of both good and bad (mostly bad, as usual) news on our ever-worsening climate crisis emergency...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Pence finally calls out Trump, Trump pushes back, RNC censures two of its own...while economy sizzles, corporate media fail to notice and blame Biden for nation's woes. Callers ring in to explain...
By Brad Friedman on 2/7/2022 6:35pm PT  

The title and sub-title above pretty much say it all about today's BradCast, but for a few specifics. [Audio link to full show is posted below this summary]

Before opening up the phone lines to callers today for their thoughts on what the hell is going on that leaves Democrats, not Republicans, in trouble this November, a few of the specific stories we touched on first...

  • BREAKING moments before airtime: SCOTUS blocks recent lower federal court ruling that found Alabama Republicans' new U.S. House maps are an unlawful racial gerrymander under Section 2 of the Voting Rights Act (the part of the VRA that SCOTUS didn't kill entirely previously.) In a 5 to 4 decision today, with Chief Justice Roberts joining the Dem appointees on the bench, the Court blocked the lower court's order which would have mandated another Black-majority House district in Alabama. Moreover, in deciding to hear the case later this year, the Supremes, many justifiably fear, are now set to kill Section 2 of the landmark Voting Rights Act entirely. More (hopefully) on this on tomorrow's BradCast.
  • Last Friday, former Vice President Mike Pence finally stood up for himself (a little) by declaring during a speech for the rightwing Federalist Society in Florida that "President Trump was wrong" when he claimed that Pence had the Constitutional or statutory power to unilaterally overturned Joe Biden's victory during the final certification of the Electoral College results on January 6th, 2021. (That, after a week of Trump haranguing Pence in a number of statements, with Trump essentially admitting in the bargain that he was trying to steal the 2020 Presidential election.)
  • At the very same time on Friday, at the RNC's Winter Meeting in Utah, Trump's party voted to censure longtime, very conservative Congressmembers Liz Cheney (R-WY) and Adam Kinzinger (R-IL), for daring to work on the bipartisan Committee investigating the worst, most deadly attack on the U.S. Capitol --- and, arguably, on American Democracy itself --- in the nation's history. The RNC's censure resolution of Cheney and Kinzinger appears to declare that the attack on the Capitol --- which ended up with 9 deaths and injuries to more than 140 law enforcement officials --- was little more than "legitimate political discourse".
  • The censure resolution adopted nearly unanimously by voice vote in Utah was shepherded by RNC Chair Ronna Romney McDaniel. Her uncle, Utah's Republican Sen. Mitt Romney, decried the GOP's attack on Cheney and Kingzinger, tweeting: "Shame falls on a party that would censure persons of conscience, who seek truth in the face of vitriol. Honor attaches to Liz Cheney and Adam Kinzinger for seeking truth even when doing so comes at great personal cost.”
  • And, as if that's not enough madness and dysfunction and disarray inside the once great "Party of Lincoln" on behalf of their scofflaw, twice-impeached, disgraced former President, Washington Post reported on Monday that Donald Trump absconded with boxes and boxes of Presidential Records when he left the White House. That, in strict violation of the Presidential Records Act of 1975, created in the wake of Watergate. The National Archives had to go to Mar-a-Lago in December to try and get the stolen documents --- many of which had been torn up by Trump during his time in office (also in violation of the PRA) --- but did they get them all? And will Trump ever be held accountable for breaking any of the seemingly hundreds of laws he's broken before, during and after his Presidency? Jury is still out. (Actually, no jury has been created nor charges filed at all yet, incredibly enough.)
  • And, all the while, throughout all of that GOP disarray, Joe Biden's economy is booming at record levels. The corporate media, which have been downplaying monthly jobs reports and record low unemployment and record high growth in the GDP over the past year, was forced to begrudgingly concede at least a few of those points on Friday. The new jobs report from the U.S. Bureau of Labor Statistics found a remarkable 467,000 new jobs were created in December and that previous monthly job reports needed to be revised upward by several hundreds of thousands of new jobs. Not by a little, but by a lot. Last December was revised from 199,000 new jobs to 510,000. And November was adjusted from a 249,000 gain in jobs to an astounding 647,000. Both months saw media report the initial numbers as a "disappointment", despite a year's worth of monthly numbers being revised upward each and every month. In all, as Biden was left to explain himself, a record 6.6 million jobs were added last year. It's never happened before in American history. Also, 2021 saw the largest drop of unemployment ever in a single year; the largest drop in childhood poverty ever in a single year; and the largest drop in unemployment in 40 years. Sounds terrible!
  • So, with all of that, why are Joe Biden's approval numbers tanking? And why are Democrats --- not Republicans --- thought by the corporate media to be in big trouble this November? We open the phones to callers with a few thoughts on that, including one caller who thinks it's my fault! Mmmmkay...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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US v. ISIS; Omicron falling, deaths rising; Good swing-state redistricting news; Biden EPA applying brakes on DeJoy's insane, corrupt USPS gas-powered delivery truck boondoggle...
By Brad Friedman on 2/3/2022 6:30pm PT  

Like the Energizer Bunny, the stories on today's BradCast are still going and going and going... [Audio link to full show is posted below this summary.]

Among them...

The Never-Ending "Global War on Terror": An overnight, on-the-ground U.S. special forces led raid on a house in northwestern Syria is said to have taken out the latest leader of ISIS, along with more than a dozen others, including six children. We share what we know via sources from Al Jazeera to New York Times to President Biden.

The Never-Ending Coronavirus: As quickly as it spiked, Omicron is now falling in almost every state in the nation. But COVID deaths are still on the rise (averaging about 2,600 per day) and hospitals are still up against it. Almost all entirely thanks to the unvaccinated who are now 60 times more likely to die from the disease than those who have received their shots.

The Never-Ending Assault on Democracy: Following the good redistricting news yesterday out of New York state, more good news today from the critical swing-state of Pennsylvania, where the state Supreme Court has jumped into the redistricting fight between the Keystone State's Democratic Governor and its (gerrymandered) Republican state legislature. The 5-2 Dem majority state Supremes have determined they will have the last word on new maps soon and that's likely good news for American democracy.

The Never-Ending Madness of DeJoy's USPS: It's insanity really. It's also wildly corrupt. Donald Trump's still-in-his-position-for-some-reason Postmaster General Louis DeJoy is overseeing a massive Postal Service contract to purchase 165,000 new mail delivery trucks to replace its aging, 30-year old fleet, which averaged 10 miles per gallon. Instead of moving to all-electric vehicles, the $11.3 billion purchase with a Wisconsin-based defense contractor (for some reason) will consist of 90% gasoline-powered trucks for use over the next several decades, despite boasts from DeJoy's PR team that the trucks are more fuel-efficient than the old fleet, with an increase of 0.4 MPG! The Biden EPA is hoping to put the brakes on the independent federal agency. They've found the service's environmental analysis to be wildly flawed and is directing them to start over before replacing a full one-third of the federal fleet with more climate destroying vehicles that will emit the equivalent of 4.3 million gas-powered passenger vehicles over their expected lifespan. The details in WaPo's exclusive on this catastrophic boondoggle illustrate nothing less than mind-bending madness amid our worsening climate emergency.

The Never-Ending Climate Crisis: Finally, Desi Doyen joins us for our latest Green News Report, with bad news on gas stoves and on a massive chemical fire in NC; but good news on the U.S. Interior Department distributing billions of job-creating dollars to states to clean up millions of leaking, toxic, abandoned oil and gas wells across the country, as part of Biden's recently signed infrastructure law...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Grace Panetta of Business Insider; Also: Dem Senator hospitalized with stroke; Manchin's big 'Build Back Better' lie; NY state redistricting adds 3 new Dem House districts...
By Brad Friedman on 2/2/2022 6:51pm PT  

Today on The BradCast: On January 6, 2021, Donald Trump and his democracy-hating supporters hoped to exploit the vagaries of the horribly written Electoral Count Act (ECA) of 1887 --- along with several vagaries of the U.S. Constitution itself --- to try and steal the 2020 President election during the joint session of Congress meant to affirm the state certified results of the Electoral College. Now, there is an ongoing bipartisan effort in Congress to modernize and reform the ECA to prevent a similar nightmare in 2024 or beyond. But will even that reform, if successfully adopted, be able to prevent a political party from acting in bad faith to steal a Presidential election in plain sight in the future? [Audio link to full show is posted below this summary.]

But, first up today, before we get to the ECA, Democrats are down to just 49 voting members of the Senate at the moment, after New Mexico's 49-year old Senator Ben Ray Luján, his office announced on Tuesday, has been hospitalized with a stroke after experiencing dizziness and fatigue last week. The statement suggests a full recovery is expected, even as the incident serves as a reminder of the Party's tenuous 50-vote majority in the Senate...as long as everyone is well and Vice President Kamala Harris is there to break any ties. Dems seem to think that Luján will recover in time to support Joe Biden's eventual nominee to fill the Supreme Court seat being vacated by the retiring Justice Stephen Breyer in June.

Also, speaking of the U.S. Senate, we've got a minor update on the landmark Build Back Better proposal that had served for months last year as the $1.7 trillion centerpiece of President Biden's agenda: Senator Joe Manchin (D-WV) says that "it's dead". That, after he killed it at the end of last year following months of negotiations and citing several ridiculous reasons. And while Democrats are hopefully they may still be able to pass Manchin-approved chunks of the bill in the future, I remain dubious that Manchin --- whose family rakes in millions from their coal business, supplying just one single coal plant with waste coal in West Virginia --- will ever allow the measure's critical $555 billion in environmental spending to help tackle climate change to be adopted.

Manchin spent months last year pretending to negotiate "in good faith" on the bill, even claiming repeatedly to support its climate provisions which incentivize the nation's power plants to move from dirty fossil fuels to clean, renewable energy. Even in recent days, Democrats have repeated the notion that Manchin supports at least those provisions of the sweeping measure that would have also expanded healthcare, education, child care, elder care and much more. But if you believe Manchin supports BBB's environmental initiatives, I've got a coal-fired power plant in West Virginia to sell ya. Of course, I hope to be wrong. But I haven't been, so far, on this matter unfortunately.

Next, it's on to the ridiculously written Electoral Count Act (ECA) which was adopted, as our guest today, GRACE PANETTA of Business Insider detailed in her deep-dive report this week, "following the disputed 1876 election between Samuel Tilden and Rutherford B. Hayes, which was marred by allegations of fraud and the disenfranchisement of Black voters." The ECA was passed at the time to help clarify certain aspects of the U.S. Constitution's mandated 12th Amendment process for counting and determining the eligibility of Electoral College votes. But it is so vaguely written --- Panetta cites an ECA scholar who notes that "many of its substantive rules are set out in a single sentence that is 275 words long" --- that Trump and his corrupt team of advisors were able to claim that the ECA allowed for Vice President Pence to pretty much name anybody he liked as the winner of the 2020 election during the joint session of Congress on January 6th.

This week, several coalitions in the Senate --- one, a group of three Democrats; the other, a bipartisan group of 16 Senators including nine Republicans --- are working to rewrite the measure in hopes of both clarifying it and preventing it from being exploited to steal a Presidential election. At least in theory.

As I've discussed on several shows of late, I often go to bed at night pondering the many ways that a political party prepared to act in bad faith --- in this case, Republicans --- can quite easily steal a Presidential election via the Electoral College with literally nothing more than norms, traditions and good faith to stop them. That's a fact, no matter what happens at the precinct level in each state, no matter who is and isn't allowed to vote, and no matter how those votes may be tallied. A party acting in concert in bad faith can steal an American Presidential election and there is little if anything in current law or the Constitution to prevent it.

Moreover, depending on how the ECA is rewritten --- if Republicans allow such a rewrite to be passed in both chambers and signed by the President --- it may still leave the door open for a rogue state legislature or even a single Governor acting in bad faith to steal an election, in what one ECA expert that Panetta cites describes as "the Swing State Governor's Gambit".

Panetta, a senior politics reporter at Insider, joins us from the Senate Gallery today to explain what the ECA is supposed to do; how Trump attempted to abuse it to steal the 2020 election; how reform can hopefully prevent that from happening in the future; and what the chances currently are that this new reform movement in the Senate will be successful.

She also makes clear --- in response to Trump's idiotic statement (admission?) on Sunday, claiming Pence had "the right to change the outcome" of the election --- that "the ECA does NOT give the Vice President the authority to unilaterally decide which electoral votes to count or not."

"The ECA as it exists, in its imperfect, flawed form, does NOT give the Vice President this authority," Panetta reiterates. "At the same time, however, I think what both the bipartisan group and another trio of Democratic Senators who introduced an ECA reform bill yesterday are trying to do is even more clearly state, clearly clarify in 21st-century language, that single slates of electors sent to Congress should be treated as final and the Vice President really has no role to adjudicate this."

Right now, she warns, "the groundwork is being laid at the state level for state officials --- like Governors, like Secretaries of State --- to overturn elections. In short, a Governor could submit an illegitimate slate of electors that does not reflect the popular vote in the state, and candidates could try in federal court to compel a Governor to send the correct slate, but that's no guarantee that that would fully work." So, yes, getting ECA reform right is now more critical than ever.

Finally today, some good news --- at least as I see it. New York's legislature has approved a new Congressional map for the state that will most likely add three additional Democratic members of Congress from the Empire State. New York Republicans are hopping mad about what they describe as an outrageous partisan gerrymander by Democrats. Ya know, just like the even more egregious ones being carried out by Republicans in GOP-controlled states like Ohio, North Carolina and Texas, where population growth was due almost entirely to minority voters, and yet state Republicans removed minority voting districts to add GOP seats. While I certainly would have opposed such efforts by Dems in the past (many redistricting experts still do), given the efforts right now by Republicans to undermine American democracy itself, I'm just fine with what NY is doing. If Republicans oppose it, they can (and should!) take it to court. Unfortunately, they won't be able to take it to federal court, because their own stolen and packed U.S. Supreme Court majority recently declared that federal courts may play no part in adjudicating partisan state gerrymanders. SAD!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Const'l attorney John Bonifaz of FSFP; Also: Trump more involved in 2020 gambit to seize voting machines than previously known...
By Brad Friedman on 2/1/2022 6:53pm PT  

On today's BradCast: Self-declared Republican "Constitutionalists" may not turn out to be huge fans of the written text of the U.S. Constitution after all. Particularly Section 3 of the 14th Amendment which bars from federal office those "who, having previously taken an oath, as a member of Congress, or as an officer of the United States...to support the Constitution of the United States...engaged in insurrection or rebellion against the same." [Audio link to full show is posted at end of this summary.]

That's turning out to be very bad news right now for North Carolina's Republican Rep. Madison Cawthorn. It could also turn out to be bad news in the not too distant for other members of the MAGA Caucus in Congress and even our disgraced former President --- even if that might be good news for the rest of the nation.

Last month, an official complaint [PDF] was filed by voters with NC's State Board of Elections, charging that Cawthorn must be disqualified from running for re-election this year in the Tar Heel State. The freshman Congressman reportedly participated in planning meetings for the rallies in advance of the deadly attack on the U.S. Capitol on January 6th, 2021 and spoke at the rally on the Eclipse in front of the White House prior to Donald Trump's speech directing supporters to head to the Capitol and "fight like hell". Cawthorn also joined dozens of other members of the House and Senate that day in voting against Joe Biden's Electoral College victory, despite the lack of evidence of fraud that might have changed the certified results of the election in any state.

The effort to block Cawthorn's candidacy in NC is the first official volley in the 14Point3.org campaign created by good government groups Free Speech for People and Our Revolution. NC state law requires that candidates must meet all requirements for office as detailed in the U.S. Constitution and further requires potential candidates to disprove any challenges to those qualifications, such as their age, legal residency, citizenship status or, in this case, whether or not they've "engaged in insurrection or rebellion" against the U.S. Constitution.

We're joined today by longtime Constitutional law expert JOHN BONIFAZ, co-founder and President of the non-partisan, non-profit Free Speech for People, to discuss this rather amazing and actually quite serious challenge to Cawthorn's candidacy and perhaps additional challenges to other insurrectionist candidates such as Marjorie Taylor Greene of Georgia, Mo Brooks of Alabama, Paul Gosar of Arizona, Lauren Boebert of Colorado and potentially even one Donald J. Trump.

"It's a 'novel' challenge in the sense that it's the first such challenge since the Reconstruction Era," Bonifaz tells me, while noting that "during that time, Section 3 of the 14th Amendment was applied to many Confederates who remained in positions of government power." But, he explains, "the Framers of the 14th Amendment were clear that if you take an oath of office to defend and protect the Constitution, and then you turn around and engage in insurrection or give aid and comfort to it, then you are prohibited from holding future public office. Now, we have the second insurrection in our nation's history and those who incited the insurrection or gave aid or comfort to it must also face accountability under that mandate."

The challenge is serious enough that, on Monday, Cawthorn filed a federal lawsuit in hopes of quashing the inquiry into his role on January 6th. His lawsuit claims that the State Board has no authority to keep him off the ballot. Bonifaz describes the claim as absurd. "If Madison Cawthorn were ten years old and seeking to be on the ballot in North Carolina, there'd be no question that he's ineligible to be placed on the ballot because he doesn't meet the age qualification for a member of Congress. This is another qualification requirement --- you cannot take an oath of office, as Madison Cawthorn did on Jan. 3, 2021, and then turn around and engage in insurrection and hold public office again."

"Instead of complying with the process that is laid out under state law, he has now rushed to federal court with his attorney to try to completely declare the whole process by which candidate qualifications are brought to be unconstitutional" Bonifaz contends. "If it's so hard for him to prove that he's not an insurrectionist, maybe the real question is why Section 3 of the 14th Amendment should not be applied to him."

"If he's really nervous about appearing before the State Board of Elections, that may be a real indication that the Board needs to act in the voters' favor. But the very fact that he's doing an end run around the state process and rushing into federal court ought to tell you a lot about whether Madison Cawthorn wants to appear before the State Board of Elections to defend himself."

Cawthorn's attorney has also offered another unique defense. He charges that the last part of Section 3 states that "Congress may by a vote of two-thirds of each House, remove such disability" and that the Amnesty Act of 1872 declared just that. Yes, Cawthorn is relying on the dispensation given specifically to former Confederate rebels in 1872 to try and remain on the ballot in 2022. Bonifaz explains on today's program why he is less than impressed with that defense.

For the moment, while there is a separate legal challenge to NC's newly gerrymandered Congressional maps, the qualifications process for all candidates in the state is on hold. Once the maps are settled, however, Bonifaz says the Board's "longstanding process by which voters can bring these kinds of challenges" includes creating a panel that will have 20 days to hear the case in which Cawthorn will have to defend himself, before the matter goes to the full Board and then, potentially, to state court on appeal.

One way or another, the matter must be settled in a few months before the state's primary election. It has resulted in a fascinating conversation among Constitutional law experts on the matter of what it means to "engage" in an insurrection. Bonifaz explains why he believes that conviction for sedition or insurrection in a court of law is not necessary to trigger the Constitutional clause. And if Cawthorn is, in fact, disqualified from running in North Carolina based on restrictions in the U.S. Constitution, what will that mean for other such insurrectionist candidates in other states in 2022 and, indeed, for Trump himself, if and when he attempts to become a candidate on the ballot again in the critical and closely divided swing-state in 2024? All of that, and much more is discussed on today's program.

Also today, speaking of insurrectionist Trump, new exclusives late last night from both CNN and the New York Times suggest that the disgraced, twice-impeached former President was much more personally involved in the attempt to seize the nation's voting machines following the 2020 election than previously reported. Also, that his efforts were far broader than previously known. CNN reports that there were actually two different Executive Orders drafted up for Trump's use. One was recently obtained by Politico, which we discussed last week. That one would have ordered the Department of Defense to seize the machines. The other order would have directed the Department of Homeland Security to do so. Team Trump was reportedly told by DHS that the federal agency lacked the authority to impound the voting systems.

But the Times offers new details on a third effort, which included a personal appeal by Trump in the Oval Office to his then Attorney General Bill Barr to have DOJ impound the voting systems. Barr, to his credit, is said to have immediately shot down the idea, telling the desperate loser that, since there was no evidence of fraud on the systems, the DoJ had no probable cause to believe they had been used in any crime. Trump's A.G. tendered his resignation shortly thereafter.

Finally today, Desi Doyen joins us for our latest Green News Report with bad news for fans of winter sports and good news for opponents of more deadly oil and gas drilling in the Gulf of Mexico...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Trump vows pardons for insurrectionists; Bi-partisan Senators working to reform law Trump tried to use to steal election; 'Maus' tops best-seller lists after TN school board ban; Callers ring in on all...
By Brad Friedman on 1/31/2022 6:42pm PT  

A few technical demons at the KPFK studio today kept us on our toes during today's BradCast. The chaos was only multiplied by a ton of very lively callers. You may (or may not) be the beneficiary of all of the madness that subsequently ensued. Enjoy! [Audio link to show is posted below this summary.]

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

  • Over the weekend at a rally in Texas, our disgraced, criminal, twice-impeached former President suggested that, if he was elected President again, he would pardon his insurrectionist supporters who attacked the U.S. Capitol and hundreds of law enforcement officials to try and steal the 2020 election on his behalf on January 6, 2021. Never mind the nine people who died during or after the worst assault on our Capitol since the War of 1812. Since Donald Trump actually opposes law and order, he would almost certainly pardon hundreds of the violent attackers. And, at the same rally, he also instructed his brainwashed supporters to launch mass protests if (when?) he's indicted in D.C., New York and/or Georgia.
  • On Sunday, Trump also admitted in a statement that he had wanted Vice President Pence to "change the outcome" of the 2020 election by "overturn[ing]" the certified results on January 6th. No, it was never about giving Congress time to investigate "fraud", for which there has never been evidence, either then or now. The "legal" mechanism that Trump and his duplicitous campaign aids and attorneys were hoping to exploit is the vague and poorly written Electoral Count Act of 1887. A bipartisan group of U.S. Senators are now reportedly working on reforming that century old statute to prevent a similar occurrence in 2024 or beyond.
  • Last week, rocker Neil Young announced that he would pull his music from the Spotify if conspiracy theorist podcast host Joe Rogan was allowed to stay on their streaming service and continue to broadcast misinformation related to the coronavirus, COVID and its vaccines. Spotify is sticking with Rogan after recently signing him to a $100 million contract giving them exclusive rights to stream his show. So, Young and others, including Joni Mitchell, have since pulled their catalog from the service. In response, Rogan has now vowed to add "balance" to his program, and Spotify has said they would slap a "content advisory" on anypodcast episode on which the coronavirus was discussed. Of course, "balance" only serves to level an unlevel playing field for Rogan's deadly false claims about COVID and its vaccines. And Spotify's vow to label all shows with "content advisories" that talk about coronavirus only leaves viewers/listeners confused about what is truth and what is COVID fiction. How many thousands of people have been unnecessarily killed thanks to Rogan (and Spotify)'s irresponsible misinformation is, of course, unknown.

On the second half of today's show, we open up the phone lines to a ton of listener calls on all of the above...though most wanted to talk about Rogan's lies. And, yes, we take calls both for and against those lies...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Lynn Bernstein of Transparent Elections NC on intimidation and an independent review of unverifiable ES&S vote systems; Also: Major media failures at Fox 'News', CNN and Washington Post...
By Brad Friedman on 1/28/2022 7:28pm PT  

On today's BradCast, we are bound and determined to take back the real fight for Election Integrity from the MAGA "Stop the Steal" loons and dupes who have no such interest in anything of the sort, as the Right has attempted to co-opt the idea of "Election Integrity" as part of Donald Trump's efforts to steal the election in 2020...and/or to steal the next one. But even too many weak-kneed Democrats have been frightened off of the fight to secure our nation's vulnerable voting and tabulation systems and ensure public oversight of election results for fear of offering fodder to the MAGA Mob. We're not playing that game. [Audio link to full show is posted below this summary.]

But first up, some pretty dreadful media failures from both the wingnut Right and the non-wingnut Corporate Media. First, after a deteriorating, 50-year old bridge collapsed in Pittsburgh on Friday morning, ironically enough just hours before President Biden's planned appearance in the city to tout his recently signed $1 trillion bipartisan infrastructure bill to repair the nation's crumbling roads and bridges, one Fox "News" host may have jumped the shark when it comes to disinformation from the propaganda news outlet. (Which is not easy!)

Longtime Fox host and news anchor Julie Banderas went off on an embarrassing tear about how "President Biden has been making promises over promises over promises and, as you've noticed, none of them have come true," as she asserted to four others appearing with her, each in their own little silent box. "Back in June of 2021 he started talking about his bipartisan infrastructure deal," she sneered derisively. "There's nothing bipartisan about it! If it was bipartisan, it would have been passed by now!," she continued cluelessly in her rant, slamming the President for failing his vow to "reach across the aisle" to make policy with Republicans. That, she insisted, "has clearly not happened." She was quickly followed by Kayleigh McEnany who concurred. "That might have been the biggest fairy tale of them all," said Trump's former White House Press Secretary.

In fact, Joe Biden's landmark, $1 trillion bipartisan infrastructure bill --- which he was in Pittsburgh to discuss on Friday, fer chrissake --- was passed with nineteen Republicans voting with all the Democrats in the Senate. It was signed into law a full two and a half months ago --- even if word of that promise-kept has yet to pierce the Fox "News" reality bubble.

Sadly, non-wingnut news outlets are not a whole lot better in too many cases of late. On Thursday, a federal judge invalidated the largest offshore oil and gas lease sale in the nation's history. 1.7 million acres were recently auctioned in the Gulf of Mexico after a different federal judge last year, one appointed by Donald Trump, blocked Biden's Executive Order pausing new fossil fuel leases, forcing the Biden Administration to sell off the Gulf. That, even after a scam environmental analysis by Trump's Department of Interior claimed that it would be worse for the climate if Big Oil was not allowed to buy up the leases and expand their drilling there. The Biden Justice Dept. sued to prevent the sale and White House Press Secretary Jen Psaki made clear to reporters back in November that the President opposed the auction, but was left no option by the Trump-appointed Judge to carry it out.

So, Thursday's ruling was a welcome victory for the Administration. But one would have to read the actual stories from outlets like Washington Post and CNN to learn that, because both of those outlets sent out news alerts to mobile phones telling a very different story. CNN's alert screamed: "A federal judge invalidated the Biden administration's oil and gas leases for 80 million acres in the Gulf of Mexico, citing climate change," while WaPo misinformed its readers by declaring "Federal judge throws out Biden administration's massive Gulf of Mexico oil and gas lease sale, faulting its climate analysis."

Wow, if we didn't know better --- or hadn't clicked through to read the actual stories --- it sure would sound like Joe Biden is talking out of both sides of his mouth when he claims to care about climate change and transitioning off of fossil fuels, while carrying out the nation's largest-ever sale of drilling leases in the Gulf! With non-wingnut corporate media like ours, no wonder his approval ratings continue to plummet (despite the fastest growth in the economy since 1984, as the media has also been failing to adequately report, as discussed on yesterday's program!)

NEXT UP...The Department of Justice on Thursday announced that its Election Threats Task Force, formed seven months ago, has made its second arrest. They indicted a 50-year old Nevada man who had repeatedly called the Nevada Secretary of State's office with violent threats on January 7, 2021, just one day after the Trump-incited attack on the U.S. Capitol, promising they were "all going to fucking die". That, after hundreds, if not thousands of similar and worse threats have been issued since the 2020 election against elections officials across the country.

But its not only elections officials forced to face down such attempted intimidation. One longtime Election Integrity advocate, who joins us on today's show, says she has faced similar nightmares in response to her work in a critical swing state, resulting in both in-person intimidation to herself and her family, and a chilling attempt to hack into her home security system.

Our guest is LYNN BERNSTEIN, an aerospace engineer with an expertise in testing satellite systems, who has, in recent years, turned her skills toward fighting for evidence-based elections as founder of Transparent Election NC in North Carolina. The non-partisan group's mission, according to its website, "is to confirm that every eligible vote is counted as the voter intended by working with elections officials to ensure that elections are secure, transparent, robustly audited, and publicly verified."

But, Bernstein contends, there are some in her state who may not like that idea. She has become a critic of North Carolina's recently approved, unverifiable computerized touchscreen Ballot Marking Device (BMD) voting systems made by ES&S, the nation's largest private voting system vendor. Bernstein went public last month on Twitter with some of the threats she began to face after she (a registered and active Democrat) found common ground with the state's Libertarian Party. She helped convince them to exercise their right, under state law, to seek an independent source code and security review of ES&S' unverifiable BMD voting and tabulation systems.

Bernstein offers several chilling details on the intimidation she has faced since the Libertarian Party announced their plans to seek an independent source code review, which will be overseen by the excellent University of South Carolina computer science and voting system expert Dr. Duncan Buell (who has also been a guest on this program). "Elections officials have been in the news a lot about being harassed and threatened," she says. "It seems though that the intimidation of election advocacy leaders happens way more than the public is aware of. I work with people all across the country and privately we discuss it among ourselves, but most won't publicly disclose that they've been hacked or intimidated before."

She also shares her well-researched concerns about the state's controversial new ES&S voting equipment --- which are also used in many other states --- and which experts had strongly advocated against certifying in the closely divided swing-state. "I'm a big proponent of hand-marked paper ballots," says Bernstein. "I think it's just the best record of voter intent. It's a very direct record." She explains how the ES&S BMD systems print out bar-coded paper ballots, supposedly representing voter's touchscreen selections. But those ballots cannot be verified by any voter as actually reflecting their intent. "North Carolina law says that a voter must be able to verify their ballot before casting it. With ES&S's barcode system, it doesn't actually allow the voter to verify their vote before casting it."

During our conversation, Bernstein also offers an endorsement of the state's Libertarian Party chairman who explained in his Party's December press release announcing the review, that "this is not about litigating the 2020 election." She claims that "one of the reasons why he's the perfect person to do this" is because "he has done forensic examinations before" as a former fraud investigator. "When I let him know that this particular ES&S system has never undergone a truly independent source code review, a full comprehensive one, he was shocked, as I think most of us are when we learned of these things."

There's a lot to discuss here, including whether both the state and ES&S will allow the state-mandated review, as we recommit to working to reclaim the real fight for Election Integrity around the nation.

Finally, when it comes to election fraud --- and, arguably, voter fraud --- nobody holds a candle to what Trump and the GOP tried to pull off in 2020. So it's nice to see that the January 6th Committee in the House on Friday, subpoenaed 14 Republicans from seven different states --- all of them won by Biden in 2020 --- who signed their names as duly-sworn "electors" for Trump, on documents fraudulently sent to Congress and the National Archives, in one of the most brazen (and, thankfully, failed) election fraud schemes in the history of this nation...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Record U.S. corruption; Biden economy booming (don't tell the media!); Snowflake Youngkin's 'tip-line' pratfall; 'Maus' banned in TN before Holocaust Remembrance Day; Internet's dumbest man strikes again...
By Brad Friedman on 1/27/2022 7:17pm PT  

Today, The BradCast is more than just a grab bag of American corruption. It's also topped off with several heaping helpings of rising rightwing autocracy and fascism! Enjoy! [Audio link to full show is posted below this summary.]

Among the stories covered today...

  • A new report ranking corruption among 180 countries ranks the U.S. as the 27th least corrupt in the world. In 2021, we fell to our worst score ever --- tied with Chile --- in Transparency International's index. For some reason or another, that's a fall from our previous (less corrupt) high in 2015. Whatever could have happened between then and now to make us more corrupt? The group suggests new efforts already under way by the Biden Administration to tackle corporate corruption could "significantly enhance" our ranking in future surveys. But, for now, they chalk up the nations new record low to, among other things, "persistent attacks against free and fair elections, culminating in a violent assault on the US Capitol, and an increasingly opaque campaign finance system."
  • You may or may not have heard the news --- it disappeared off of AP's front page as quickly as it was posted there today --- but the U.S. economy under Joe Biden in 2021 was absolutely booming. New Commerce Department numbers released Thursday finds that U.S. gross domestic product (GDP) increased last year at the fastest pace since Ronald Reagan's Presidency. The economy expanded by 5.7% in 2021, the best calendar year growth since 1984. Based on 4th quarter numbers, however, GDP was growing at an even faster, 6.9% annualized pace. You sure wouldn't know it from corporate media coverage, however, focused as it is on things like inflation (due, in no small part, to the exploding consumer demand). All of this is akin to AP's recent ridiculous reporting on new jobs numbers, even amid decades-low unemployment numbers and rising wages. Their headline under Trump in February of 2018, for example: "U.S. Employers Added a Robust 200,000 Jobs in January". Compare that to their December 2021 headline under Biden: "U.S. Employers Added a Sluggish 210,000 Jobs in November." (Yes, you read those correctly.)
  • Corruption takes many forms and has many different effects on a nation, none of them good. Some of them, however, can be quite amusing, even when it comes from the clumsy rightwing spread of autocracy and facism, such as that playing out under the freshly sworn in Republican Governor in Virginia, Glenn Youngkin. He announced this week that he has created a tip-line for folks to report teachers who might teach anything objectionable. That might include, for example, anything that may have to do with systemic racism (in Virginia, of all places!) or that could be perceived as making (white) children uncomfortable (aware of) our nation's past (and present). But, "Whatever you do," one Virginia lawyer and former Democratic Congressional candidate hilariously cautioned this week in a viral Twitter thread, "don't make a mockery of this with fake tips" sent to the state's helpeducation@governor.virginia.gov email tip line! He even provided some examples of several fake racism tips that should absolutely not be sent to that address!
  • As amusing as that might be, the rising tide of Republican snowflakes seeking safe spaces is also taking darker turns. This week --- just before today's Holocaust Remembrance Day, as irony would have it --- the McMinn County, Tennessee School Board voted 10 to 0 to ban Art Spiegelman's Pulitzer Prize-winning graphic novel MAUS: A Survivor's Tale from the school's 8th grade curriculum. The remarkable (beautiful, touching, terrifying, horrifying and even hilarious at times) story of Spiegelman's relationship with his parents, both Holocaust victims, relating their stories and his mother's horrible suicide with Jews drawn as mice and Nazis as cats, should be read by everyone. It's unclear if the County School Board is aware of the irony of banning books about Nazis who famously banned books, but the entire affair has left the author Spiegelman baffled and concerned about the rise of "autocracy and fascism" in the U.S., akin to what his parents eventually escaped in Europe. But it serves as another reminder of how important it is --- as discussed on yesterday's BradCast with Run For Something's Amanda Litman --- that more pro-democracy, anti-Nazi candidates need to run for local office everywhere! Including school boards!
  • And just one more for you today on the corruption of the media --- or at least, the fake, if wildly popular, disinformation propaganda site called Gateway Pundit. We usually try to ignore them and the clownish stuff they post. But they are behind about 90% of the phony wingnut "fraud" claims used by Trump and his gullible MAGA dupes to try and steal the 2020 election. This week, the website's super genius proprietor, Jim Hoft, posted a 100% phony story claiming that the Wisconsin state Assembly voted "unanimously" on Tuesday night to advance a resolution to decertify the Badger State's 10 electoral votes for Joe Biden from 2020. That, because they "were certified under fraudulent purposes." And because MAGA dupes are dupes, the story went viral, natch. As it turns out, one single state legislator in WI tried to introduce that resolution, with zero co-sponsors, was rejected, and it received zero votes in the Assembly. In fact, it wasn't allowed up for a vote at all. But don't tell the dopey propagandist/yutz Hoft, who still has the story posted on his site --- along with years of other phony, discredited, false stories --- two days after publishing it, even after USA Today's fact check thoroughly and verifiably showed it to be completely fake news. Sigh...
  • Finally, Desi Doyen joins us for some actual and verifiable news in our latest Green News Report, with a new report on the costs of reaching net zero emissions; another finding air pollution to be much deadlier than previously known; the Biden Administration revoking controversial mining permits in Minnesota; and both McDonald's and KFC each offering a new, plant-based menu item which may, or may not, move you to want to eat it...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Amanda Litman of Run for Something; Also: Judge rejects Trump attorney's suit to block Jan 6 email subpoena; Dems raise record haul for Sec. of State elections...
By Brad Friedman on 1/26/2022 6:53pm PT  

On today's BradCast, Democrats, liberals, progressives and non-wingnut legal experts who actually care about the rule of law breathe a huge sigh of relief. And how you --- yes YOU --- can help save American Democracy beginning right now in YOUR home town! [Audio link to full show is posted below this summary.]

First up, after many --- including one of our favorite guests, Salon legal journalist Mark Joseph Stern --- had been furious at the end of last year's Supreme Court term, when 83-year old Justice Stephen Breyer did not announce his retirement, he finally did so on Wednesday. He'll be leaving at the end of this term over the Summer. If all goes as hoped, that should prevent another situation where there is a vacancy on the Court with a Democrat in the White House and an obstructionist Republican majority in the Senate. As Stern told us last July on this program, Breyer's reticence to step down at the time could easily have led to a case where, once again, Republicans change the number of seats on the bench for as long as they need to until another Republican is in the White House. In fact, as Stern argued on that program last year, he does not believe a GOP-controlled Senate will ever fill another vacancy on either SCOTUS or the federal Appeals Court if the nomination is made by a Democratic President.

Today, we discuss Breyer's legacy as a longtime pragmatic centrist on an increasingly ideologically split Court, and the likely nominees to replace him --- presuming Lord Manchin and Lady Sinema deign to offer their approval. If all Dems unite behind President Biden's nominee, they can now seat whoever they like with only a 50 vote majority, given that Republicans killed the Senate filibuster rules for Supreme Court appointees during the Trump Presidency in order to steal and pack the Court's majority with three hard-right Trump nominees. Biden has long vowed to appoint the first black woman to the High Court and we discuss some of those likely nominees today.

Next, a quick followup on a story we covered yesterday. Late on Tuesday, after we got off air, a federal judge in California rejected a lawsuit filed by John Eastman, the wingnut Trump Campaign attorney who wrote the memos arguing that Vice President Mike Pence could simply nullify Joe Biden's Electoral College victory on January 6th, 2021. Eastman had sued to block the release of some 19,000 emails written on his Chapman University email account while he (unbeknownst to the school) was secretly working for Trump. The emails had been subpoenaed from the university by the bipartisan U.S. House Select Committee investigating the deadly attack on the Capitol and the former President's efforts to steal the 2020 election. The federal judge forcefully defended the Committee's right to review those emails and rejected Eastman's attempt to block them.

With failure after failure for the Trump MAGA Mob in courts across the country, all the way up to SCOTUS, in both their efforts to steal the 2020 election and, subsequently, block the House Select Committee investigating the Jan. 6 attack, rightwingers have turned their focus to undermining elections before they get to the courts.

But, this year, Democrats and Republicans are keenly focused on races for elections officials, with the Democratic Association of Secretaries of State announcing a record fund-raising haul of $4.5 million in 2021. That's three times more than they raised in the entire 2018 election cycle. That, following Trump's efforts to steal the 2020 election and the GOP focus on replacing chief state election officials with Trump loyalists willing to suppress voting rights and subvert election results.

It's not only states' top election officials who play a critical role in protecting the right to vote and American democracy itself, however. There are, literally, thousands of races for elections administrators on the ballot across the country this year. At the same time, Trumpers have been focusing on those races, as well as other locally elected positions from school boards to city councils to county health boards and many others. Meanwhile, our guest today has been working successfully over the past two election cycles to counter such efforts by finding young, progressive, often minority candidates to run for many of those same local positions. And, this year, her organization is stepping up their efforts to focus particularly on election administrative roles in all 50 states.

AMANDA LITMAN, co-founder and executive director of Run for Something, is our guest today. She is also the author of Don't Just March, Run For Something: A real-talk guide to fixing the system yourself. Her group has had remarkable success since launching in 2017, in the wake of Hilary Clinton's 2016 disaster, in recruiting young, diverse progressives for local office.

"We have helped elect 637 people across 48 states, mostly women, mostly people of color, about a fifth LGBTQIA+, all forty years old or younger," she tells us. "They have done things like expand early voting here in New York, where I live. They've helped 50,000 Floridians access unemployment benefits down in Orlando. The Waterloo City Council in Iowa now has a paid leave policy for people experiencing pregnancy loss. In Harris County, Texas, they've ended cash bail, did a number of really important things around budgeting thanks to Lina Hidalgo, the Harris County executive and Harris County Attorney Christian Menefee. So we have seen, over and over again, young people can run, they can win, they can make a difference on the local level that makes life so much better for people in a way that really matters."

Those efforts continue as the 2022 mid-term cycle gets under way, and she is urging folks again to not just be angry or buried in despair about what is happening to our nation right now, but to take action by running for something instead! "It is not too late to get started for this year. Most states have their filing deadlines in March, April, May," Litman explains. "Even if you're just now thinking maybe I want to do this, especially for these local elections, you can run. We will help you get your campaign set up, we'll help you figure out how to get on the ballot, and we'll make sure you have everything you need to succeed."

The group has created a simple tool at RunForWhat.net that will allow you to plug in a few simple pieces of information, like your location, to inform you about which local ballot positions need filling this year where you live. "We have a network of people all across the country who want to help you," she tells me. "They're here to support you as a candidate --- for free!"

"It's really important to know that these elections are happening all the time. They are year-round. They are determined in some places by a really small number of voters. And they are affordable. 75% of school board races in years past cost $1,000 or less, 85% cost $5,000 or less. It's totally attainable for someone who has never run for office before to run for and win one of these positions," Litman explains.

As to the group's specific focus this year on election-related positions, Run for Something has kicked off a multi-million dollar effort to contest those jobs in particular. And there are a LOT of them to be filled! "We're doing a bunch of target work there, making sure that in the nearly 2,000 races like these across the nation this year we've got as many candidates as possible. There are at least 2,000 of them that touch elections in some way on the ballot in 2022. Another 1,000 in 2023, and close to 4,000 of them on the ballot in 2024."

But, if Democrats object to the Trump/Bannon/QAnon efforts to fill election administrator rolls with loyalists, how is Litman's effort any different from what the GOP is doing? "We're not in favor of Democrats," she counters, "we're in favor of democracy. That's a really important distinction," argues Litman, before going into more depth on that distinction today.

"We are trying to talk to every person we can, and make sure everyone knows you can and should think about running for office," she continues, explaining that her organization will also help folks who may not specifically fit the profile of the type of candidate that Run for Something might personally end up choosing to endorse. In that case, she says, they will help point you to others who can help as well.

"We need people from all walks of life. We need folks, yes, who are lawyers and businessmen. But, really, we need teachers, we need parents, we need artists, we need scientists, we need refugees, we need first- and second-generation Americans, we need Chipotle burrito-rollers and people who have worked in fast food and retail. Our government will work better when it reflects the people it is trying to serve. So we need you to run! If you're listening to this, we need you to run!"

And, yes, Litman implores, "your democracy needs YOU!"...

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Drop Box voting restored in WI (for now); Excellent redistricting news in AL (unless appealed); 'Calming down' in Ukraine; Bad news for key Jan. 6th instigators Alex Jones and John Eastman; And more!...
By Brad Friedman on 1/25/2022 6:20pm PT  

We'd love to tout all of the encouraging news we have for you on today's BradCast. We have quite a bit of it. Problem is, while we have a lot of it, each story is largely just marginally encouraging in and of itself. Still, these days, we'll take what we can get! [Audio link to full show follows this summary.]

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

  • An appeals court in Wisconsin unanimously blocks a wingnut lower court judge's ruling from a few weeks ago that had declared the use of absentee ballot drop boxes to be in violation of state law, despite the many years that they've been in use. Who knew? So, good news that the judge was overturned for now. Bad news that the appellate court order only applies for now to the state's upcoming February primary elections.
  • Seemingly encouraging news out of Alabama today --- perhaps the only unqualified good news we've got to share with you all day, in fact! A three-judge federal court panel --- including two Trump appointees --- have rejected the state GOP's newly redistricted U.S. House map, declaring it to be an unlawful racial gerrymander in violation of the federal Voting Rights Act. The court's ruling, if it withstands appeal, would require the Republican-majority state legislature to draw two Black majority districts instead of one. That, in a state with a 27% Black electorate, represented for years by 6 Republican White men and 1 African-American Representative.
  • While the U.S. (and EU and NATO) continue their warnings of an "IMMINENT INVASION!" of Ukraine by Russia, Ukrainian officials have a message for the world: Please calm the fuck down! (Though please keep sending those weapons in the mean time.)
  • Oh, look! Wingnut radio conspiracy theorist, professional grifter, Donald Trump buddy, and key instigator of the deadly January 6th attack on the U.S. Capitol, Alex Jones, quietly sat down this week for questioning with the U.S. House Select Committee investigating Trump's attempt to steal the 2020 election. That, even though Jones had previous filed a lawsuit to quash his subpoena from the Committee. Apparently, he pleaded the Fifth "almost 100 times" for some reason in the bargain, he says.
  • And, speaking of pleading the Fifth, (former?) law professor John Eastman, who wrote the memos detailing a plot for how then Vice President Mike Pence could "legally" steal the election for Trump by refusing to accept lawfully certified 2020 Electoral College votes on January 6th, also chose to avoid self-incrimination in criminal matters by invoking the privilege when he testified recently to the Committee. As of a court hearing on Monday, we now know he did so 146 times! That, according to details proffered during the hearing for a suit in which Eastman is suing his former employer, Chapman University. He is hoping to prevent them from releasing 19,000 of his emails subpoenaed by the House Select Committee and written from his university email address while working for free for Trump (unbeknownst to the non-partisan university, which eventually fired him for doing so.) The judge in the case is reportedly not happy with Eastman, and has ordered him to make a list of which of the 19,000 subpoenaed emails he believes should be withheld from the Committee due to attorney-client privilege.
  • Meanwhile, it continues to be a lousy time to be associated with our disgraced, twice-impeached loser of a former President. Even for a coal lobbyist. Democrats in the Virginia state Senate say they are now united in their hopes of blocking the new GOP Governor Glenn Youngkin's nomination of former Trump EPA Administrator (and coal lobbyist!) Andrew Wheeler for the commonwealth's top environmental official. SAD! That, after 150 former EPA employees signed a letter to the state Senators accusing Wheeler of having "pursued an extremist approach, methodically weakening EPA’s ability to protect public health and the environment, instead favoring polluters." (Though because the state Senate Dems haven't yet taken the very rare step of blocking the new Guv's nominee, the news is still to be considered marginally good for the moment.)
  • Finally, while it should be very good news that we are sharing our 1,200th Green News Report today --- coincidentally in the same week that The BRAD BLOG is celebrating our 18th birthday --- the fact that we've had to do 1,200 GNRs (instead of saving humanity and the entire planet about 800 episodes ago) makes the good news only marginal as well. As usual, the content of today's report doesn't help much either...though even there, we've got a bit of marginally encouraging news for ya.

You're welcome!...

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Guest: Marilyn Marks of Coalition for Good Governance; Also: Tensions boil in Russia-Ukraine standoff; SCOTUS takes affirmative action cases...
By Brad Friedman on 1/24/2022 6:38pm PT  

On today's BradCast, we pick up, in no small part, where we left off on Friday's show regarding that chilling, newly unearthed, December 16, 2020 draft Executive Order [PDF] created for Donald Trump to allow him to declare a national security emergency, seize the nation's voting systems, and implement a military coup that would have left him in power after the 2020 election's actual winner, Joe Biden, was supposed to have been sworn in. We are joined today by the woman whose organization's federal lawsuit in Georgia was quoted extensively in that draft EO as a pretext for seizing the nation's voting systems. Of course, the MAGA Mob lied about the ruling they quoted from her lawsuit in the never-issued EO. [Audio link to full show is posted at end of this summary.]

But first, we cover some quick news headlines today...

  • Just before airtime, the Fulton County, Georgia Superior Court reportedly approved District Attorney Fani Willis' request for the creation of a Special Grand Jury to aid her ongoing investigation into the criminal conspiracy to steal the state's 2020 Presidential election by Trump and others in his cabal, potentially including former WH Chief of Staff Mark Meadows, Trump attorney Rudy Giuliani and Trump buddy Sen. Lindsey Graham among others.
  • Then, news on the quickly ratcheting tensions in Ukraine, where Russia continues to amass thousands of troops on their eastern border in preparation, according to NATO and the U.S., for an invasion of the former Soviet Union satellite country. Russia, on the other hand, says it has no intention of invading and is simply responding to provocations by NATO and the West. We detail the latest as tensions continue to grow by the hour --- along with new military hardware in the region --- on all sides.
  • Also on Monday, the GOP's stolen and packed U.S. Supreme Court announced plans to take up two cases next term on affirmative action in college admissions. One case challenges the use of race in Harvard's admissions policies, the other looks at similar policies at the public University of North Carolina. The Court's decision to hear these cases, despite multiple cases in recent years confirming the Constitutionality of such policies, signals the likelihood that the newly far-right 6 to 3 Court is looking to overturn long-standing precedent on race-based policies. Such a reversal of otherwise settled law would echo similarly radical moves in other recent rightwing hobby horse cases taken up by this Court regarding abortion, gun rights, voting rights, vaccine mandates, and environmental regulations.

Then we're joined by MARILYN MARKS, longtime election integrity, security and transparency advocate and Executive Director of the non-partisan Coalition for Good Governance. It was a ruling in the Coalition's long-standing lawsuit seeking to ban Georgia's new, unverifiable touchscreen voting systems made by Dominion Voting Systems that was quoted, at length, in the December 2020 draft Executive Order [PDF] that was to direct Trump's Secretary of Defense to immediately seize the nation's voting systems and institute a military coup to keep him in office.

The EO quotes a ruling in the Coalition's case made by U.S. District Court Judge Amy Totenberg just prior to the November 2020 election. In it, as we reported at the time, she recognized the massive vulnerabilities in Georgia's new Dominion touchscreen Ballot Marking Device (BMD) voting systems, but allowed them for first-time use in the 2020 election anyway. The previous year, as part of the very same lawsuit, Judge Totenberg finally banned the state's controversial, 20-year old, unverifiable, insecure touchscreen systems made by Diebold, finding the vulnerabilities made them unconstitutional for use in Georgia's elections. Rather than replace those old systems with verifiable hand-marked paper ballot systems, Georgia's Republican Sec. of State Brad Raffensperger forced every county in the state to switch to the new, unverifiable Dominion systems which share many of the same problems as those they replaced.

In the draft EO, after citing Totenberg's 2020 ruling at length, the drafters of the document (likely Sidney Powell and Michael Flynn, among others), falsely claim that "Every defect and hazard of which Judge Totenberg warned, happened in Georgia."

Marks, whose has joined us many times on this program over the years to discuss her legitimate case to ban those Dominion systems in Georgia (a case which continues), offers her reaction today to seeing a ruling from her case included in the EO drafted for Trump's military coup.

"I was ready for the whole world to know about our lawsuit --- those who don't listen to you --- but this is not the way I wanted to have it happen!," quips Marks. "Because, of course, it is a totally serious lawsuit and this [EO] is preposterous, silly and crazy. And chilling, as well!"

She says that she was "horrified" when she first saw the news come in via headlines. "It's just so shocking that this would have gotten on paper anywhere, that anybody could have these ideas to use the judge's very serious ruling, to take it totally out, twist the words [and] wrap it in a bunch of lies. It's really so sad and scary."

Marks notes as well that, while there are indeed very serious vulnerabilities in Georgia's new voting systems (and others like it in use around the country) making them "hackable", the evidence-free (and/or wholly inaccurate) claims made by the Trumpers in the EO about them having been manipulated "is just so false. It's unbelievable that someone could get away with putting that on paper because there's no evidence that any of those things happened. Yes, there were problems [in Georgia]. Yes, those problems need to be resolved. But certainly not what these people are claiming."

She also explains why, even if the Pentagon had seized the voting machines in Georgia as the document called for, they were not likely to find the "malware" they pretended was on those systems in November of 2020 because the systems had already been wiped for upcoming municipal elections and the January U.S. Senate runoffs by that time in December.

We go on to discuss how both this newly revealed EO and all of the phony, evidence-free claims that the 2020 election was stolen --- as part of Trump's actual efforts to steal the election --- has made the fight for election integrity all the more difficult for real advocates. In response, she argues that many Democrats are now even more afraid to take action on anything that has to do with concerns about voting systems. Some, she notes, are even working to make such systems less transparent in the bargain. "So what we are seeing is some pushback that is really unhealthy in terms of let's reduce transparency, let's reduce citizen oversight, thinking that somehow that will quiet the citizens talking about the problems. It's a dangerous reaction," warns Marks...

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Also: The Prospect's Harold Meyerson on how Biden and Dems can build back 'Build Back Better' before mid-terms; And: Shell's billion dollar Canadian 'carbon capture' facility EMITS more than it captures!...
By Brad Friedman on 1/21/2022 6:50pm PT  

Trump's never-issued draft Executive Order to seize the nation's voting machines in December of 2020 has now been released, and it contains a surprise or two that may sound familiar to BradCast listeners! Also today, some thoughts from our guest on how President Biden and Democrats may still be able to salvage the critical Build Back Better agenda recently blocked by Lord Manchin and Lady Sinema. [Audio link to full show is posted below this summary.]

First up, the National Archives is believed to have turned over most of the hundreds --- and perhaps thousands --- of documents subpoenaed by the House Select Committee investigating Trump's attempt to steal the 2020 election with his attack on the U.S. Capitol and other actions. The documents from the Trump White House were handed over to the Committee this week following the crushing, 8 to 1 defeat [PDF] issued to the disgraced former President by his own stolen and packed U.S. Supreme Court on Wednesday.

One of the many documents we've been looking forward to seeing was said to be a never-issued draft Executive Order on "Election Integrity", supposedly directing the Dept. of Defense to seize the nation's computerized voting and tabulation systems on the baseless premise that they had all been hacked or manipulated in some fashion, and to establish a Special Counsel to investigate and prosecute the criminals responsible.

That draft EO was obtained and published today by Politico's Betsy Woodruff Swan. The 3-page order [PDF], dated December 16, 2020, directs the Secretary of Defense, "effective immediately", to "seize, collect, retain and analyze all machines, equipment, electronically stored information, and material records required for retention under" the federal law related to the preservation of election materials.

Happily, the Order was never actually issued. But, as we detail today, it's still stunning on several levels. For one, it quotes at some length from a 2020 ruling [PDF] by U.S. District Court Judge Amy Totenberg in the long-standing federal lawsuit challenging Georgia's use of new, unverifiable computerized Ballot Marking Device (BMD) voting systems made by Dominion. That lawsuit was filed years ago by the non-profit Coalition for Good Governance.

If that all sounds familiar, it may be because we have covered that specific case on this program for many years now, as filed by the Coalition headed up by founder and longtime election security champion Marilyn Marks. She has joined us countless times on this program to discuss it, including after the complaint saw its biggest victory when Totenberg banned the state's 20-year old touchscreen voting systems made by Diebold, after she ruled them to be unverifiable, unsecure and, therefore, unconstitutional. Shamefully, Georgia's Sec. of State Brad Raffensperger subsequently replaced them with Dominion's equally unverifiable and vulnerable touchscreen systems, despite many warnings from voting system and cybersecurity experts. Totenberg's 2020 ruling, quoted in the draft Trump EO, allowed those new systems to be used for the first time that year anyway, despite the vulnerabilities, while issuing clear notice that she may well end up banning their use as well in the future.

The unidentified Trumpers who wrote the draft Executive Order titled "PRESIDENTIAL FINDINGS TO PRESERVE COLLECT AND ANALYZE NATIONAL SECURITY INFORMATION REGARDING THE 2020 GENERAL ELECTION", peppered the draft with lies about evidence of "probable cause" that Dominion's systems --- (as well as those made by about 8 other companies, several of which don't even deploy voting systems in the U.S., much less in the states Trump was challenging) --- were manipulated by "a massive cyber-attack by foreign interests". The Trumpers used the 2020 federal court ruling out of Georgia to further their evidence-free claims and even lied to say that "Every defect and hazard of which Judge Totenberg warned happened in Georgia."

If so, there is absolutely zero evidence to that end, according to one of the Coalition's experts on the case, Dr. Philip Stark of UC-Berkeley. He told me today via email that while "the vulnerabilities undeniably exist" in those Dominion voting systems, "there is (so far) no evidence that they were exploited in 2020 --- contrary to the claims in the draft EO."

In addition to misidentifying voting system vendors (and some of their actual correct names), the Order would have also directed the Sec. of Defense to compile an assessment of the matter in 60 days which, as Woodruff Swan observes, "could have been a gambit to keep Trump in power until at least mid-February of 2021."

The unissued Order is dated just two days before a much-reported, lengthy, reportedly "bonkers" meeting in the Oval Office with Trump, his disgraced former National Security Advisor Michael Flynn, former Overstock.com CEO Patrick Byrne (for some reason), and loony conspiracist attorney Sidney Powell, who reportedly hoped to be named as a Special Counsel to oversee this emergency "national security" matter after the systems were seized. The final directive in the draft EO calls for the appointment of "a Special Counsel to oversee this operation and institute all criminal and civil proceedings [and to be] provided all resources necessary to carry out her duties." [Emphasis added.]

All of this underscores at least two important things. 1) Just how close this country under Trump came to an actual military coup ordered by the President of the United States to undermine and steal a Presidential election. And 2) The warnings that we have issued for nearly two decades now about how computerized voting systems that are so opaque and impossible for the public to actually oversee when they create and/or tally votes in secret, that --- even when they work as designed --- still allow for disingenuous cretins and liars like Team Trump to claim that they did not. That, in and of itself, as we have long warned, poses a grave threat to democracy and, clearly, national security. This matter should finally make that point crystal clear.

Before that story broke this afternoon, we had planned for our lede story today to be about how (and if) Joe Biden and Democrats can retrench and get their transformative Build Back Better agenda back on course, after both it and critical voting rights and election protection legislation were all blocked by Senate Republicans and Democratic Senators Joe Manchin and Kyrsten Sinema.

We're joined today by HAROLD MEYERSON, longtime progressive columnist and editor at The American Prospect to discuss just that. He wrote about it earlier this week, before his suggestion for breaking up the Build Back Better act into small chunks (and hold votes to put everyone on record for the stuff that was being blocked) was echoed by President Biden during his press conference two days later.

As usual, it is an insightful and very lively conversation on all of that and more with the delightful Meyerson today.

Finally, we close with a story out of Canada on the billion dollar "carbon capture" facility built by Shell as a demonstration for how their new technology could remove dangerous emissions from the air and allow for the continued use of fossil fuels in a climate changed world. As it turns out, according to a new report this week, the facility actually emits more greenhouse gasses than it captures. Go figure!...

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Also: In vote of historic shame, Manchin and Sinema join Senate Republicans to undermine voting rights and American democracy...
By Brad Friedman on 1/20/2022 5:50pm PT  

Today on The BradCast: While this week will be seen by history as a shameful one for American democracy --- or, more specifically, for 50 Republican Senators and 2 Democratic ones --- it may also eventually become a celebrated week for all of the encouraging criminal accountability news that is now coming in on what seems like an hourly basis for our disgraced and failed former President. [Audio link to full show is posted below this summary.]

Among the many stories covered today...

  • After a year-long kabuki drama, played out only for the benefit of obstructionist Democratic Senators Joe Manchin (WV) and Kyrsten Sinema (AZ), both have decided to include themselves in American history's hall of shame by siding with segregationists, anti-democracy activists and Republican authoritarians in the U.S. Senate to block much-needed protection for voting rights and American democracy. While claiming to support the critical, combined Freedom to Vote: John R. Lewis Act --- which would have helped to standardize voting rights for all, combat the GOP subversion of election results, ended dark money in campaigns, blocked partisan gerrymandering in all 50 states and restored what SCOTUS broke in the Voting Rights Act in 2013 --- the two both voted to ensure none of it could happen. They chose to embrace the Senate's undemocratic filibuster rule instead, just as opponents of civil and voting rights have done over decades of American history. We put a bow on the year-long saga today, share parts of Wednesday night's maddening debate, and join Sen. Raphael Warnock (D-GA) in his vow from the Senate floor to keep coming back "again and again and again" until the job of protecting and saving American democracy is won.
  • In far less grim news today, the very very bad week for the Trump Crime Family continues to worsen. After Wednesday's devastating loss at his own packed and stolen U.S. Supreme Court, documents from the Trump White House regarding January 6, 2021 have reportedly begun flowing from the National Archives to the bi-partisan U.S. House Select Committee investigating the 2021 attack on the U.S. Capitol and Donald Trump's attempt to steal the 2020 election. We review a few interesting points of note from the High Court's crushing 8 to 1 ruling [PDF] rejecting Trump's claim of Executive Privilege in his failed effort to block the release of thousands of documents to the Committee, including what could be some very incriminating video tape.
  • With hopes of hiding behind Executive Privilege all but dashed by SCOTUS, the ability of Trump's henchmen to avoid subpoenas for documents and testimony by the Jan 6 Committee is quickly fading as well. On Thursday, Ivanka Trump became the first family member to receive an invitation --- not yet a subpoena --- from the House Committee to answer a number of key questions about her role in January 6th, and her various reported contacts with her father that day and in the days prior. The letter from Committee Chair Bennie Thompson (D-MS) makes clear that the Committee already has a great deal of information. It will be tricky for Trump's daughter, who served as a White House advisor, to avoid speaking with them. It will be a crime if she lies to them.
  • But that's not all. After New York State Attorney General Letitia James detailed evidence of years of bank, insurance and tax fraud by the Trump family this week, on Thursday, Trump's bad week became still worse. Fulton County (Atlanta) District Attorney Fani Willis asked a state Superior Court Chief Judge today to impanel a special grand jury in her nearly year-long probe of the apparent criminal conspiracy by Trump and many others (including WH Chief of Staff Mark Meadows, Sen. Lindsey Graham, Rudy Giuliani and more) to harangue, harass and threaten state election officials into reversing results of the Peach State's 2020 Presidential election, won by Joe Biden, in favor of Trump. Willis has said she will decide in the first part of this year whether or not criminal indictments are warranted for "potential violations of Georgia law prohibiting the solicitation of election fraud, the making of false statements to state and local government bodies, conspiracy, racketeering, violation of oath of office and any involvement in violence or threats related to the election’s administration.” Uh, oh.
  • Finally, Desi Doyen joins us for our latest Green News Report, covering the likelihood that Biden's Build Back Better bill, also blocked by Joe Manchin, will now have to be broken up into smaller chunks; the devastating volcano and tsunami disasters in Tonga; smashed heat records in the Southern Hemisphere; and Exxon's new ploy to pretend they give a damn about climate change...

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Guest: Eric Boehlert of Press Run; Also: SCOTUS allows Nat'l Archives to release Trump Jan. 6 records to House; NY A.G. details 'fraud' by Trump family; Fox Nation gets a historian's hilarious 'hard no'...
By Brad Friedman on 1/19/2022 6:21pm PT  

Joe Biden is now one year in. Donald Trump is now one year out. Have the media figured out how to properly cover either or both of them? We discuss on today's BradCast. [Audio link to full show is posted below this summary.]

But first, Trump's troubles are getting worse by the day hour. It's been a bad 24 hours for the disgraced, twice-impeached, one-term former President. But that's usually good news for America!

As we literally begin today's program, news breaks that the U.S. Supreme Court is allowing the National Archive to turn over hundreds of pages of Trump White House documents to the bipartisan U.S. House Committee investigating the January 6, 2021 attack on the Capitol and Trump's attempt to steal the 2020 Presidential election.

That bad news for Trump (and good news for everyone else) follows last night's bad news for him (and good news for us) out of a New York state courtroom. NY Attorney General Letitia James has been investigating years of apparent bank, insurance and tax fraud by Trump, the Trump Organization, and Trump's children for years. She recently subpoenaed Trump and his kids Ivanka and Don Jr. to sit for depositions in her civil probe. (She is also working with the Manhattan D.A.'s long-running criminal probe into related matters.) Trump and the kids sued to quash the subpoena and, late on Tuesday night, James' office filed documents in response, detailing what she describes in the court papers as "significant additional evidence indicating that the Trump Organization used fraudulent or misleading asset valuations to obtain a host of economic benefits, including loans, insurance coverage, and tax deductions.”

We discuss some of that "significant additional evidence" today, along with the additional news that when Eric Trump, back in 2020, failed to quash his own subpoena, he subsequently "then invoked his Fifth Amendment right against self-incrimination in response to more than 500 questions over six hours.” That's his right, of course. But back in 2016, while running for President, Trump described pleading the Fifth as "disgraceful". "The mob takes the Fifth," he said at the time. "If you're innocent, why are you taking the Fifth Amendment?" We'll see if he, Ivanka and Don Jr., soon join his "disgraceful" son Eric in doing the same, along with the Trump Organization's "disgraceful" Chief Financial Officer Allen Weisselberg, who's already been criminally charged with fraud in Manhattan after also pleading the Fifth more than 500 times as well during his own deposition with James.

And then there's the new guy in the White House, who doesn't seem to be criminal or a liar or a fraudster at all. Today marked the end of Joe Biden's first year in office. It's been a rocky one at times, but also extraordinary successful on a number of legislative and economic issues.

We're joined today by ERIC BOEHLERT, longtime media analyst and publisher of the Press Run newsletter, to discuss media coverage of Biden at the one year mark, and how it compares to coverage of Trump's first --- and subsequent --- years in office.

While Biden's approval numbers have been flagging in recent months --- Gallup pegs his one year average at just under 49% --- they are still above Trump's during his entire Presidency. Nonetheless, we saw little from the media declaring Trump's Presidency was over or a failure at the end of his first year, by way of contrast with what we see from the media now, despite several remarkable successes for Biden over the last 365 days.

"It's very similar to Obama," Boehlert asserts. "If you go back and looked at his first year, first term, 'Oh his coalitions are falling apart!' Lots of doomsday coverage for Obama that turned out to be nonsense." He later adds, "Good luck going back and finding stories about whether the Trump Presidency was failed, 'How does he reset?,'" after his first year. "There was an acceptance that Trump was going to poll in the thirties, and the press just went on from there. In terms of how the coverage differs from Biden and Trump, I think that's the key one there."

Suffice to say, the difference in coverage of each President, as Boehlert details, is stark. And not in a good way. Among the other related issues discussed, above and beyond media coverage of the two Presidents: Has the media come to fully understand, much less appreciate, the unprecedented nature of this tenuous moment for American democracy itself?

"We have two sides," Boehlert explains. "A center-left Democrat doing his best, and we have a Republican Party that wants to destroy free and fair elections in America. So if you're the press, don't play that down the middle. Don't pretend those are similar choices."

"When Trump was inaugurated, the press didn't change how it covered Trump," he observes. "You would read the coverage and think Jeb Bush was President, you would think John McCain was President. You would think this is center-right, normal, traditional....not this madman narcissist. I think with the Biden era, they just want to play this game --- 'His polling is down! We've found some Democrats who are critical of him!' These aren't the times for the norm. The Trump years weren't the time for the norm. And we're not seeing drastic change." And that failure by our corporate media is not a good sign for the nation. Or the planet.

Finally today, it appears that Fox "News" is not satisfied by simply rewriting reality in the present. They are now attempting to rewrite history itself, it seems, as far as who actually killed Abraham Lincoln. Seriously. In the bargain, a Lincoln assassination expert's response to an invitation to appear on Fox Nation (the propaganda streaming service companion to the propaganda cable news channel) to discuss it, is one for the ages!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Brennan Center's Michael Li; Also: AZ County finds no 2020 voter fraud; TX counties rejecting absentee applications under new law; Giuliani, other Trump fraudsters subpoenaed by House Jan. 6 Committee...
By Brad Friedman on 1/18/2022 6:53pm PT  

On today's BradCast: The ongoing GOP effort to undermine American democracy by making it harder to vote and easier to cheat in elections continues amid the fallout from Trump's attempt to steal the 2020 election. While you might think Republicans would pay a price for joining him in that effort, its Democrats --- and voters in general and American democracy itself --- paying the price, even as the Big Lie continues to fall further apart with each passing day. [Audio link to full show follows this summary.]

As you know, Republicans have been using false claims of massive (and, apparently, evidence-free) "voter fraud" in the 2020 election as a pretext to adopt new voter suppression and election subversion laws in GOP controlled states. The fruits of those corrupt efforts are already paying off. In Texas, for example, County Clerks across the state are reporting that the state's new anti-voting law, S.B.1, is forcing them to reject hundreds of legitimate absent ballot applications in one of the most difficult states in the nation to vote by mail already.

New I.D. requirements for ballot applications have resulted in rejections of nearly half of the absentee applications in Travis County, home to the state's capital of Austin. Worse, the state's Secretary of State has yet to issue rules for how County Clerks may legally notify or help the rejected voters to cure their applications in advance of the state's March mid-term primaries. (The application deadline is Feb. 18.)

Many of the rejected applications are from voters that have been voting by mail for years. But the new state law now requires applicants to include either a drivers license number or state I.D. number or the last four digits of their Social Security number on the application. While some don't notice the new requirement and are rejected on that basis, others do include one of those numbers, but are still being rejected! Why? As Democrats had warned when trying to block the bill, the TX law now requires that whichever number a voter uses on their application must match the number on their voter registration form, many of them completed years ago. If the voter includes a drivers license number on their application, for example, but their registration includes a State I.D. number instead --- or no number at all (as is the case with millions of voter registrations in the Lone Star State) --- their applications must now be rejected. Mission accomplished?

Meanwhile, the GOP's Big "voter fraud" Lie continues to fall apart in Arizona, where Joe Biden has been confirmed many times over to have lawfully defeated Trump in 2020. On Friday, in the second largest county in the state, Pima (home to Tucson), the Pima County Attorney's Office determined that, of the 151 cases referred to them as possible cases of voter fraud after 2020, ZERO actually merited criminal charges. There remain a handful of possible fraud cases elsewhere in a the state (less than 50). But, of course, if all known cases of possible fraud in Arizona turned out to be actual fraud and all of those votes were somehow in favor of Biden, there still wouldn't be nearly enough fraudulent ballots to reverse his 10,000+ vote victory out of about 3.2 million ballots cast in the state. Nonetheless, in AZ as well, Republicans are using their lies about "voter fraud" to make it harder to vote and easier for them to cheat in elections.

But the biggest story on today's BradCast involves gerrymandering, perhaps the most critical reason our federal government and our democracy has become so seemingly irreparably broken. Democrats in the U.S. Senate this week have combined the combined Freedom to Vote Act (which, among many other critical election reforms, makes partisan gerrymandering unlawful in all 50 states) and the John Lewis Voting Rights Advancement Act (which restores the requirement for federal pre-clearance of new election laws in states with a history of racial discrimination in elections after SCOTUS gutted the landmark provision) into one single bill called the Freedom to Vote: John R. Lewis Act. All 50 Democrats in the majority claim to support the newly combined bill. Zero Republicans do. But unless two Democratic Senators (Sinema and Manchin) agree to modify the Senate filibuster rule to allow democracy-saving legislation to be adopted with a simple majority vote, none of it will become law and the GOP efforts to game elections will be largely free and clear through 2022.

For several years, experts have been warning that, following the 2020 Census, the new round of redistricting was going to be very bad for Democrats in GOP-controlled states. That, after the U.S. Supreme Court gutted the Voting Rights Act in 2013 and later declared that federal courts may have no say at all on the issue of partisan gerrymandering, But, with about half of the new maps now redrawn by states in advance of the 2022 mid-terms (with several being challenged in state courts), are they as bad as many pundits had foretold?

A number of redistricting experts of late have suggested that the new maps aren't nearly as bad for Dems as they might have been. But is that true? We're joined today by Brennan Center's Senior Counsel for its Democracy Program, MICHAEL LI, who serves as the non-partisan organization's redistricting expert.

Last week, in an op-ed for Washington Post, Li describes the notion that gerrymandering hasn't been too bad for Democrats this year as a "misleading narrative" for a host of reasons. Experts, he notes, had predicted a bunch of safe Democratic seats would be remapped into Republican districts. "They expected Democratic seats to fall," Li explains. "But instead, what Republicans are doing is shoring up the disproportionate advantages they already hold" following the extreme partisan gerrymanders from 2011.

"In Texas, under the old maps, Democrats have 36% of the seats. Under the new maps they have 37% of the seats, so very little change," he tells me by way of just one example. "But the competition is gone. So whereas under the old maps there were competitive districts, under the new maps, even if Democrats got 58% of the vote [across the state], they would still have the same 37% of the seats, which hardly seems fair. Even if Texas turned deep blue, Republicans would have almost a 2-to-1 advantage. That's the perniciousness of the state's gerrymander."

There are other examples, in North Carolina for instance, where the maps are currently being challenged in state courts. We also discuss how the Supreme Court's unwillingness to hear partisan gerrymandering cases has affected all of this and whether or not the Court will similarly begin to turn away racial gerrymander cases as well in the not too distant future.

Li goes on to explain why the Freedom to Vote: John R. Lewis Act --- if Republicans or Manchinema were to allow it to be passed into law --- "would be a game-changer" on this issue. It "would transform redistricting. There would be a ban against partisan gerrymandering in Congressional redistricting. It would be easy to calculate and figure out whether a map violates that and, if a map does, then it's blocked from use pretty automatically, perhaps even in time for 2022 if Congress were to pass it soon."

But, alas, unless there are some surprises in the Senate this week, the bill is unlikely to pass anytime soon. So, what's left? Should Democratic-controlled states, in order to save democracy itself before the 2024 elections, gerrymander their own maps as aggressively as Republicans have? As much as it pains me to do so, I have previously argued that they should. Does Li agree? Tune in to find out!

Finally, before we go, the mid-show breaking news that Rudy Giuliani and a number of others who were very close to the disgraced former President as he was attempting to steal the 2020 election have now been subpoenaed by the House Select Committee investigating the January 6th attack on the U.S. Capitol...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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