THIS WEEK: Lots of Santa ... Lots of Naughty ... (And a Little of Bit Nice) ... Hark! The tooning angels sing! Glory to this year's collection of the best Hanuchristmaka toons!...
Biden EPA grants CA waiver to phase out all-gasoline cars; Microplastics linked to cancer; PLUS: GOP plan to expand natural gas exports would drive up prices for Americans...
Guest: Joshua A. Douglas on voting laws, Presidential powers; Also: House panel to release Gaetz report; Trump plans for reversing Biden climate, energy initiatives...
'Apocalyptic' cyclone slams Indian Ocean island; Malaria on the rise; Swiss ski resort gives in to climate change; PLUS: Biden EPA finally bans cancer-causing chemicals...
THIS WEEK: Kashing In ... Billionaire Broligarchy ... Slow Learners ... Exiting Autocrats ... and more! In our latest collection of the week's best toons...
Firefighters struggle to contain Malibu wildfire; Planet getting drier, new study finds; PLUS: Arctic has shifted to a source of climate pollution, NOAA reports...
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...
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...
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...
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...
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...
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...
The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...
FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...
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...
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...
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...
It was what many are characterizing today as a "John Dean moment" in the public impeachment hearings of Donald J. Trump. His $1 million donor turned swamp-dwelling Ambassador to the European Union, Gordon Sondland, dropped some bombshell testimony on Wednesday --- and we do not use that word on The BradCast lightly. [Audio link to today's show follows below.]
Sondland, who Trump described as "a really good man and great American" as recently as last month, admitted in his blockbuster testimony that the President's scheme to withhold a White House meeting and $391 million in military aid to Ukraine in exchange for the announcement of investigations into his political rivals was, in fact, a "quid pro quo".
Moreover, Sondland tossed a whole bunch of top Trump officials and allies under the bus in the bargain --- including Sec. of State Mike Pompeo, former National Security Advisor John Bolton, White House acting Chief of Staff Mick Mulvaney, Trump's lawyer Rudy Giuliani, Vice President Mike Pence and, especially, the President of the United States himself. "Everyone," he said, "was in the loop. It was no secret." He explained that he "followed the directions of the President" when he "worked with Mr. Giuliani" on the Ukraine pressure campaign "because the President directed us to do so." That, barely two months after Steve Doocy of Trump's favorite TV show, Fox & Friends, declared: "If the President said 'I'll give you the money, but you gotta investigate Joe Biden --- that is really off-the-rails wrong."
We were joined once again today, just moments after the Sondland hearing concluded, by our official BradCast partner-in-impeachable-crimes, the great HEATHER DIGBY PARTON of Salon and Digby's Hullabaloo, with extended explosive excerpts of today's testimony, along with insight and analysis. Our special coverage continues with the remarkable events that transpired on Wednesday in the U.S. House Intelligence Committee's ongoing impeachment proceedings on what may well prove to be an historic day (or the long-awaited beginning of the end?) for the shamefully failed Presidency of Donald J. Trump...
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, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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We go to air, on today's BradCast, midway between the two sets of witnesses on Day 3 of public hearings in the U.S. House impeachment inquiry of Donald J. Trump, with testimony from Kurt Volker, former U.S. special envoy to Ukraine and Tim Morrison, the National Security Council's former chief Russia and Ukraine adviser --- both of whom have since resigned in the wake of the Ukraine scandal --- scheduled for the afternoon session. So we focus today on the testimony from Tuesday's morning session featuring Lt. Col Alexander Vindman, the Ukraine expert on Donald Trump's NSC and Jennifer Williams, Vice President Mike Pence's Ukraine expert. [Audio link to show follows below.]
Both of those witnesses have served for years as government officials. Williams was hired as a political appointee by the George W. Bush Administration after working on his Presidential campaign. Vindman, who immigrated here from Soviet-era Ukraine with his family when he was three, is a 20-year, decorated military man and Purple Heart recipient after being wounded by an improvised explosive device in Iraq in 2014. Both officials were listening in during Donald Trump's infamous July 25 call to Ukraine's new President Volodymyr Zelensky when Trump asked him for the "favor" of investigations into Joe Biden and his son's involvement with Ukrainian gas company Burisma, and into the Russia-supported theory that Ukraine, not Russia, interfered in the 2016 U.S. President election.
Williams described the President's phone call with Zelensky as "inappropriate", as did Vindman, who was so "shocked" by the attempt at strong-arming Ukraine for Trump's personal political purposes that he brought his concerns to the NSC's top legal counsel on two separate occasions. The first time was after a July 10 White House meeting with Ukrainian officials, after then National Security Advisor John Bolton objected strongly to Trump-donor turned EU Ambassador Gordon Sondland (who testifies on Wednesday) informing the foreign emissaries that they would need to carry out those investigations in order to receive a White House meeting for President Zelensky, and again after the July 25 phone call when nearly $400 million in military aid was held up by the Administration in exchange for the "favor" Trump sought from the Ukrainians. Vindman testified today that he "couldn't believe what [he] was hearing".
“It was probably an element of shock — that maybe, in certain regards, my worst fear of how our Ukraine policy could play out was playing out, and how this was likely to have significant implications for U.S. national security,” Vindman explained.
We share portions of Vindman's testimony on both of the disturbing July events, including his concerns that the pressure campaign was a threat to U.S. national security, along with his personal response to the attacks he has received from the President and others since his role in what Democrats describe as the President's bribery scandal has come to light.
We're joined once again by our special BradCast Impeachment Correspondent Heather Digby Parton of Salon and Digby's Hullabaloo to discuss today's proceedings, including how Vindman's testimony blew up the Trump/GOP narrative that the pressure campaign was meant to combat corruption in Ukraine; what Democrats hope Americans take away from today's testimony; how Republicans are responding in their alternate reality world; how John Bolton might actually prove to be a hero in this story (as unlikely as that seems); and, by the way, what was Donald Trump doing in his unannounced, rushed, mysterious weekend trip to Walter Reed Medical Center anyway?
Finally today, as if all of that is not enough, we're joined by Desi Doyen for our latest Green News Report, on record, climate change-fueled flooding in the historic city of Venice; Ford's new all-electric Mustang SUV, and a landmark, bipartisan legislative plan passed by New Zealand to reach net zero carbon emissions in just over a decade...
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, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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On today's BradCast, we open up the phone lines to listeners to get their takes on where they are on impeachment following Week 1 of public hearings in the U.S. House Intelligence Committee. [Audio link to show is posted below.]
But first, before we go to the phones, a few news items of note from over the weekend and into today, including...
In Louisiana on Saturday, Donald Trump lost yet again, with Eddie Rispone, the Republican candidate for Governor that Trump rallied bigly for --- three different times over the past five weeks --- going down to the state's Democratic Gov. John Bel Edwards (according to Louisiana's 100% unverifiable touchscreen voting systems which are shamefully used across the entire state.) The embarrassing loss for Trump and Republicans in the Deep South was his second in as many weeks after he also campaigned hard for Kentucky's Governor Matt Bevin. He lost in that state to Democrat Andy Beshear the week before last. If Trump is counting on support from Republican voters in red states --- during his impeachment or his re-election next year --- he could be in for some surprises based on the reported results of this year's off-year elections. Republican U.S. Senators on the ballot in "red" and swing states may also be looking very closely at these statewide results when considering whether to vote for or against Trump's removal in an impeachment trial in the U.S. Senate next year;
The American Carnage that Trump pretended to promise to end continues apace, with yet another mass shooting on Sunday. The latest was at a football watch party in Fresno, CA where 10 party-goers were shot with 4 of them killed. The shooter(s) remains unknown and at large;
Late on Friday, Trump granted clemency to three military members accused or convicted of war crimes, including murder, in Afghanistan and Iraq. In addition to the pardons, he ordered that one of them be promoted, sending a clear signal that the American Carnage will continue;
And, as the walls close in around Trump, the President of the United States attacked yet another impeachment witness on Twitter over the weekend. This one, Jennifer Williams, is a senior staffer for Vice President Mike Pence who referred to his strong-arming phone call to Ukraine's President as "inappropriate". Trump called her, baselessly, a "Never Trumper". But impeachment and removal of the President is getting more popular, according to a new poll from ABC News/Ipsos with a majority now in favor. And the worst is still to come for Trump as 9 witnesses, including Williams, will be testifying on the Ukraine bribery scandal in open hearings this week, and much of that testimony --- as we break down in detail today --- is expected to be both explosive and quite damaging to the President (who is also now reported under investigation by House legal counsel for lying to Robert Mueller in his written testimony during the Special Counsel's probe of alleged Russian interference in the 2016 election and Trump's multiple attempts at obstructing the inquiry.)
Then, we open the phone to callers for the rest of the hour, in order to try and get a read on whether the first week of public impeachment hearings has moved them --- one way or another --- on the matter. While most of our callers say they were in favor of impeachment before it began, they are now even more so following last week's hearings. But a few of them were opposed to impeachment and still are. They offer a few humdingers as to why. I can't adequately summarize those calls and those excuses here, so I won't even try. Tune in and enjoy!
And buckle up for much more BradCast impeachment special coverage in the days ahead...whether you --- or we --- like it or not!...
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, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Special impeachment hearing coverage with guest Heather Digby Parton; Also: Stone found guilty on all counts; Giuliani reportedly facing federal criminal probe for Ukraine natural gas scheme...
Our special BradCast coverage of the ongoing impeachment hearings of Donald J. Trump continues today, as 33-year foreign service veteran, Ambassador Marie Yovanovitch was sworn in as a witness in the U.S. House Intelligence Committee's public hearings. [Audio link to show is posted below.]
Yovanovitch, whose parents fled both Stalin's Soviet Union and Nazi Germany offered riveting testimony about being ousted, without explanation, by Trump, amid a smear campaign against her, propagated by Trump's attorney Rudy Giuliani, ousted corrupt Ukrainian officials and the President of the United State himself. The coordinated campaign against the virulently anti-corruption Ambassador appears to have been at the center of Team Trump's need to move her out of the way in April of this year so they could try to force Ukraine to announce state probes into Donald Trump's political rivals in exchange for $391 million in military assistance apportioned by Congress and unlawfully withheld from the embattled nation by the White House.
Even as the hearing on Trump's apparent high crimes and misdemeanors played out in the U.S. House Intelligence Committee on Friday afternoon, Trump seems to have added a new potential Article of Impeachment by attacking Yovanovitch on Twitter during her testimony. Committee Chair Adam Schiff, a former federal prosecutor himself, characterized the remarkably brazen attack on the longtime, well-respected Ambassador as attempted "witness intimidation". Even top Fox "News" reporters and anchors were stunned by Trump's attack.
We're joined today once again by award-winning opinion and analysis journalist HEATHER DIGBY PARTON of Salon and Hulaballoo as we analyze, explain and try to make sense of Friday's hearing, along with the aid of several extended clips from the proceedings.
ALSO TODAY: Even as the hearings played out, Roger Stone, a longtime Republican dirty trickster and close Donald Trump ally, was found guilty on all 7 criminal counts for which he was facing trial in federal court as part of the Robert Mueller investigation into Russia, Wikileaks and Team Trump interference in the 2016 election. The charges Stone was found guilty of include lying to Congress and witness tampering and could net the 67-year old GOP operative up to 20 years in federal prison...unless he is pardoned by his friend Trump. He is the sixth top Trump associate to be found or have pleaded guilty to federal felony charges.
At the same time, the Wall Street Journal today is exclusively reporting that Giuliani --- who was at the center of the Yovanovitch smear campaign and what Democrats describe as the bribery scheme to force Ukraine to announce an investigation of Joe Biden and his son who served on the board of Ukrainian natural gas company Burisma --- is himself now being criminally investigated by federal prosecutors in relation to a Ukrainian natural gas scheme.
Yes, it is all that insane, but we do our best to try and make sense of it today nonetheless...
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, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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With a brief break in the hot impeachment action, we're able to pick up on a couple of stories on today's BradCast that got buried yesterday, some breaking news from today, a continuing story that should have everyone's hair on fire right now (in advance of the 2020 elections!) and, sadly, the story that already has the planet on fire. [Audio link to show follows below.]
First, some quick news on today's school shooting in Southern California, north of Los Angeles, where a 16-year old shot five students from 14 to 16-years of age. So far, two are reported dead and the shooter is said to be in grave condition from a self-inflicted wound from his .45 caliber semi-automatic pistol.
On Wednesday, Trump lost yet again in one of his many different lawsuits seeking to block the release of his taxes to Congress and state prosecutors. The latest defeat was the refusal yesterday by the full U.S. Court of Appeals in D.C. to rehear his lawsuit seeking to block the U.S. House Ways and Means Committee's subpoena of his accounting firm, Mazars USA, seeking several years of his financial records. With that loss, the case will now almost certainly be going to the Republican's stolen U.S. Supreme Court (on which two of Trump's appointees now sit). And in Trump's separate and so-far-similarly unsuccessful suit in federal court in New York, seeking to block the release of tax documents from Mazar's in the state's criminal probe involving Trump's hush-money payoffs before the 2016 election to women with whom he was having affairs, his attorneys on Thursday officially filed their appeal with SCOTUS.
In elections news, former Massachusetts governor Deval Patrick, a conservative Democrat, has announced his late entry into the race for the 2020 Democratic Presidential nomination. And both Trump and Republicans are going all in to try and win the Gubernatorial runoff this Saturday in Louisiana, in hopes of avoiding another Kentucky-style embarrassment.
Last week, Trump went all in for KY Governor Matt Bevin, who reportedly came up a few more than 5,000 votes shy of defeating Democratic challenger Andy Beshear. Bevin refused to concede last week, however, requesting a recanvass that was carried out by the state today. The procedure --- essentially re-checking the same computer-reported numbers again --- resulted in few changed votes, unsurprisingly. So, Bevin finally announced his concession. But that came only after his election night claims of "well-corroborated" voter fraud, including thousands of illegally cast votes.
While his promise of evidence never materialized in the week since the election, Bevin recently changed his argument to focus on concerns about the state's electronic voting and tabulation systems. While there is scant evidence of problems on that score (all the other Republicans on the statewide ballot last week, other than the unpopular Bevin, won their races), his newly found concerns --- whether he actually means them or not --- regarding the difficulty of voters to oversee and have confidence in the accuracy of electronically-cast and tabulated results, should be taken to heart by voters of all parties. These concerns are real, and could have a devastating effect on next year's elections.
To that end, one need look no further than the many disasters we've been reporting on over the past two weeks that befell voters attempting to use brand-new touchscreen computer Ballot Marking Devices (BMDs) in the key swing states of Pennsylvania and Georgia last week. In the roll out of the new systems in those states, which many election integrity and cybsersecurity experts warned strongly against, many voters were unable to vote at all. Some faced hour-long wait times --- during sparsely attended, off-year municipal elections! --- followed by completely inaccurate results reported by the computers.
For example, some candidates reported receiving zero votes at some precincts in Northampton County, just outside of Philadelphia (which also used the same new systems last week for the first time, despite warnings from cybsersecurity experts, and had similar problems.) In a contest for County Judge in Northampton, a Democratic candidate for County Judge reportedly received just 164 votes out of more than 100 precincts reporting on Election Night. In fact, as a manual examination of computer-printed records revealed, he is believed to have received 26,142 votes instead.
Unfortunately, there is no way to know if even that number is correct on the County's new 100% unverifiable BMD systems, which are proliferating across the nation, including PA, the entire state of GA next year, and in counties in more than a dozen other states (including here in Los Angeles County, the nation's largest!) for 2020.
We're joined today by SUSAN GREENHALGH, a longtime Election Integrity champion who now serves as Vice President for Programs at the National Election Defense Coalition (NEDC). Following last week's disasters, her group has called for the immediate decertification of the 100% unverifiable ES&S ExpressVote XL systems used last week for the first time in Northampton County and Philly. Greenhalgh explains why such systems, which use touchscreens to help voters use a computer to mark and print "paper ballot"" summaries, should never be used other than as an assistive device for disabled voter who may choose to use one to help cast their ballot.
"What's really concerning about these ballot-marking devices is that there's been a false equivalency created by the vendors," she tells me. "And I think it's been accepted my many people in the election official administration space, and in the election community at large, that there's a paper record there, so therefore the voting system is verifiable. The problem is that all evidence that we have so far to go on, indicates that that the paper record [from] the expensive touchscreen ballot-marking devices is not actually verified by the voter. And that's the critical point." The NEDC advocates hand-marked paper ballots.
After years of working with elections officials and elected officials across the country, Greenhalgh offers her thoughts as to why so many of them --- Republican and Democratic alike --- continue to ignore the continued warnings from election integrity and cybsersecurity experts who strongly urge against the use of such systems, while listening instead to private vendors, such as ES&S and Dominion (the nation's two largest) who stand to make hundreds of millions from the sale of their poorly designed, oft-failed, easily-hacked, and completely unverifiable touchscreen systems.
"I've heard it said that we need a system that the Devil himself could run and you could still trust the results. It needs to be transparent, and verifiable to the electorate. And that means something that is auditable, that the voter knows that the election results are correct and that the officials can prove it." Greenhalgh argues. "There's no room for 'just trust us' in this. We shouldn't have to trust the vendors. We shouldn't have to trust the election officials. We should all be able to see and verify with our own eyes, through observation and auditing, that the election is being conducted in a fair and accurate manner, and in a secure way. Anything less than that is unacceptable in a healthy democracy --- or one that aspires to be healthy."
Greenhalgh, who is as concerned about all of this before 2020 as I am, says, however, that there is still time for jurisdictions to dump their expensive, unverifiable touchscreen systems in favor of much cheaper, far more secure, and completely verifiable hand-marked paper ballot systems. She also also explains why post-election audits of results cast on computer-marked ballot systems are worthless.
"Implementing hand-marked paper ballot systems, fortunately, can be done in very quick order," she says. "States have shown us they can do that, like Maryland and Virginia. So it's not too late to fix that. What we need is the will of the election officials to make it happen, and then it can be done."
Tune in for much more that you need to hear from this conversation!
Finally, we're joined by Desi Doyen with our 1001st Green News Report, with disturbing news on the enormous and raging Australian bush fires, climate-change fueled frigid weather in much of the U.S., Greta Thunberg's solar-powered voyage back to Europe, and the Trump EPA's latest --- and deadly --- attack on science...
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, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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On today's BradCast, our special coverage of the first day of public hearings in the impeachment inquiry of Donald J. Trump. [Audio link to show is posted below.]
We share extended excerpts from the opening statements at today's historic hearing in the U.S. House Intelligence Committee, as chaired by Democratic Rep. Adam Schiff (D-CA) and led on the Republican side by Ranking Member Devin Nunes.
The witnesses for Wednesday's hearing were two long-serving, non-partisan, career diplomats who offered detailed and often damning testimony on Trump's unprecedented withholding of military aide to Ukraine as part of a pressure campaign to force its new President to announce investigations into Trump's political rivals and into an uncorroborated theory regarding Ukraine's interference in the 2016 election. Both men also offered background on Ukraine's struggle to break away from its corrupt past with its new administration, even while the beleaguered former Soviet-bloc nation continues its long and deadly war on its eastern border against Russian-backed separatists.
Ambassador Bill Taylor, a 30-year foreign service veteran and decorated Vietnam combat soldier, currently serves as Trump's top diplomat in Ukraine. He was assigned to the post by Trump's Sec. of State Mike Pompeo after Trump's previous Ambassador, the virulently anti-corruption Marie Yovanovitch (who will testify on Friday), was pushed out of her role by what Taylor described as an "irregular" diplomatic channel consisting of several of Trump's political allies, including his attorney Rudy Giuliani.
Taylor broke the most noteworthy new piece of information of the day as he described learning, just last week, about a late night unsecured cell phone call in July by one of the "irregulars", Ambassador to EU Gordon Sondland, to the President. The call was made in a restaurant, the day after Trump's infamous July 25 call with Ukraine President Volodymyr Zelensky. Taylor's staffer (who will now also testify on Friday) is said to have overheard Trump asking Sondland about the status of "the investigations" into the Bidens and the 2016 election. After the call, Taylor testified, when the staffer asked Sondland about Trump's feelings toward Ukraine, the Trump-donor-turned-diplomat said he "cares more about the investigations of Biden" than Ukraine.
Sharing the witness table with Taylor on Wednesday was George Kent, Deputy Asst. Sec. of State overseeing policy for Ukraine. Kent, who also offered damning testimony about Trump's scheme to strong-arm Ukraine, has been a part of the State Department's foreign service since 1992, having served, like Taylor, under five different U.S. Presidents --- three Republicans and two Democrats --- during his time in government service.
We're joined today for insight and analysis on all of this by the great HEATHER DIGBY PARTON of Hullabaloo and Salon, as we discuss today's breaking news of note, the damning case being laid out against the President by Democrats, the thin and disjointed rebuttal being offered by Republicans in his defense, and how all of this may be perceived by the American public as the historic hearings continue later this week, into the next one, and likely beyond...
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, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Guest: Dr. Andrew Rosenberg of Union of Concerned Scientists; Also: Carter hospitalized; SCOTUS allows suit against gun-maker, but may kill DACA; Impeachment hearings begin; and our 1000th 'GNR'!...
On today's BradCast, a heads up for just one of the newest, horrible, deadly things the Trump Administration is hoping to pull off on behalf of toxic corporate polluters, even as we're all distracted by impeachment of the President. [Audio link to show is posted below.]
In addition to a top of show teaser for our 1000th Green News Report at the end of the show, we kick off with a quick news roundup. Among the stories covered...
95-year old former President Jimmy Carter is said to be recuperating after surgery to drain pressure on his brain following a number of recent falls;
The Republicans' stolen U.S. Supreme Court, surprisingly, allowed a lawsuit to proceed against gun manufacturer Remington, as brought by families of victims killed with one of the company's AR-15-style weapons in 2012 at the Sandy Hook Elementary School in Newton, Connecticut. The case alleges Remington's marketing was unlawful under CT law, and the plaintiffs have successfully argued that a 2015 federal law which bans most lawsuits against gun makers should not apply in this instance. SCOTUS appears to have agreed. If the complaint is ultimately successful in finding Remington violated the law, it may open up new avenues for additional suits against gun manufacturers and dealers by victims of gun violence;
Less surprising news from the GOP's stolen SCOTUS today comes from those in attendance at the Court for oral argument on Tuesday in a case which could strike down President Obama's Deferred Action for Childhood Arrivals (DACA) program. Court watchers suggest that questions from five Justices auger that the Republican appointees are prepared to allow the Trump Administration to end the program meant to offer protection from deportation for more than 700,000 [PDF] children of immigrants (so-called "Dreamers") brought here by their parents at a very young age;
On the eve of public hearings for only the 4th Impeachment inquiry in U.S. history, Intelligence Committee chair Adam Schiff (D-CA) released details on procedures for the hearings beginning on Wednesday, while an 18-page Republican talking points memo, detailing how they plan to oppose charges against the President, was obtained and published by CNN.
But, while the nation's attention is understandably focused on impeachment, the Trump Administration is continuing its non-stop corruption of federal Government power in favor of corporate industry interests. A draft proposal for a new rule from the Environmental Protection Agency Administrator (and coal lobbyist) Andrew Wheeler, as obtained by the New York Times, reveals the EPA's latest attempt to undermine scientific research in favor of toxic industry pollution of air and water and more.
The new rule, if approved, picks up where one introduced by disgraced former EPA chief Scott Pruitt left off. The original iteration of the rule was met with a tidal wave of opposition in some 600,000 public comments, almost all opposing the scheme. Nonetheless, Wheeler not only ignored those comments, but has now broadened the new proposed rule so that it might actually be applied not only to new regulations from the EPA, but also to existing regulations as well.
The long sought-after rule would deny the use of scientific studies for the basis of EPA regulations, if the raw, underlying data of such studies are not fully released. That means, for example, that private medical information of those who participated in various health studies under confidentiality agreements would have to have their names and medical records exposed, or the studies cannot be used as a basis for federal rule-making. Industry groups, of course, favor the new rule, which they and Trump's EPA are selling as "scientific transparency". Scientists and health care providers, however, are strongly opposed, charging, as Rosenberg does, that the scheme will undermine public health protections and "would put the entire enterprise of developing science-based public health safeguards at risk."
The policy, he explains, upends decades of well-established scientific norms, as well as federal rule-making procedures, and is precisely what the chemical and fossil fuel industries, in particular, have been pushing for for years.
"This isn't about transparency. This is about restricting the ability of the government to do the job that we want them to do --- that is, to protect public health and safety," Rosenberg tells me. "There's absolutely no scientific basis for doing this. One of the ways that you can tell that --- it's not just my word for it --- they put no justification in the rule. They didn't even identify what problem they're trying to solve. There's no analysis of what the impacts of putting this rule in place would do. There's not even an analysis of how much it would cost the agency. But, more importantly, [there's] absolutely not a single word on how it would impact the agency's ability to put public health protections in place. So there is no merit to this proposal at all."
Nonetheless, Rosenberg cautions, even if the public makes noise about this, given Wheeler simply ignoring the response to the Pruitt version of the same rule, it will likely be implemented. But, he notes, it will almost certainly be challenged in court, at which time public comments against the new rule will become very important. As Desi Doyen notes at the end of today's interview, some 200,000 Americans die each year prematurely due to pollution which will only be made worse under this new rule.
And, speaking of Desi, yup, finally, it's our 1000th Green News Report! In which we look both forward and back (to our first GNR in February of 2009), hear from a few old friends, and share what we believe is the funniest "snarky comment" in 1000 episodes over nearly 11 years of the GNR. All of it, by the way, made possible not by industry or political support, but by you, our listeners via BradBlog.com/Donate. Thank you!...
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, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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Callers ring in on impeachment, the climate change 'hoax', the disastrous failures of new touchscreen vote systems last week in GA and PA, and in L.A. before next year's 2020 Presidential election...
Yes, everything, even wildfires in California, are now political, as proven over the weekend when I tweeted out a non-political video I captured of a fire that broke out on a hillside in the San Fernando Valley, threatening the iconic Hollywood sign just on the other side of the hill. Callers ring in today --- as we were able to open the phones for the first time in weeks --- on a bunch of stories covered on today's BradCast.
Among those stories...
Trump loses yet again in court as a federal judge on Monday dismissed his lawsuit filed in D.C. hoping to, preemptively, prevent Congress from using New York state's newly adopted law which allows the U.S. House Ways and Means Committee to request copies of the tax returns of New York residents (read: Donald Trump's). It was just another loss in the long list of frivolous lawsuits brought by Trump to try and keep his tax returns from becoming public, for some reason;
Over the weekend Republicans submitted a list of requested witnesses for the upcoming public hearings in the Trump impeachment matter regarding his attempt to extort Ukraine by withholding military assistance in exchange for his demand that Ukraine announce an investigation into Joe Biden, his son Hunter and a conspiracy regarding Ukraine interference in the 2016 election. The House GOP's request list includes both Hunter Biden and the whistleblower who first brought the Ukraine matter to light. Rep. Adam Schiff, the Democratic Chair of the Intelligence Committee holding the public hearings this week responded by saying that he will not allow the proceedings to be used to promote the already-debunked theories that Trump was attempting to force Ukraine to spread in his unlawful effort to strong-arm the nation's new President into helping Trump on his 2020 reelection campaign;
We review some of the remarkable comments I received over the weekend after I tweeted a completely non-political news video of a wildfire in Burbank which broke out while I was there. Did you know they were caused by socialist homeless pedophiles? Who knew? Trump fans on Twitter do, apparently!;
And, speaking of both fires in CA and the 2020 elections, I share the response I recently received from the L.A. County Registrar-Recorder/County Clerk's office seeking comment about their contingency plans to deal with preemptive power outages should they occur during the general election next year at the same time as the ones California power companies imposed this year in hopes of not sparking wildfires during climate change-fueled hot, dry and windy conditions.
Now that Los Angeles is moving to 100% unverifiable electronic touchscreen voting systems and electronic pollbooks, such an outage could prove disastrous for voters on Election Day and during early voting next year. Unfortunately, while the Registrar's office here replied to my queries on this (tune in to hear their response), they failed to reply to follow up questions;
All of this is decidedly NOT an academic issues, given the disasters that occurred last week during Off-Year municipal elections in George and Pennsylvania, where, for the first time, counties in those states deployed brand-new touchscreen voting systems akin to the ones that Los Angeles will be forcing voters to use at voting centers next year, rather than hand-marked paper ballots and paper pollbooks (neither of which require electricity or the Internet).
The results were catastrophic in many PA and GA polling places with some voters unable to vote at all, many forced had to wait up to an hour during the sparsely attended off-year election, and computer-reported results showing some candidates receiving 0 votes at several precincts, even though they'd received thousands. And, yes, a power outage prevented voters from voting at one precinct. All of this serves as a chilling preview of what could well await the nation in 2020 during the most critical Presidential election in our nation's history.
Finally, we then open the phone lines, at long last, on all of the above. And our listeners have a LOT to say about it all, including a few who believe global warming is a hoax, and that the President should NOT be impeached for either extortion or obstruction of justice. Fun! Tune in for all of that and much more on today's very lively BradCast!
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Guest: U. of KY Law Prof Joshua A. Douglas; Also: NY judge fines paper tiger Trump millions for fraudulent 'charitable' foundation, a few other breaking news items, and our 999th 'Green News Report'...
On today's BradCast, a close look at the scheme that Kentucky's Republican Governor may now be trying to pull off in hopes of stealing last Tuesday's election from the apparent Democratic winner. [Audio link to show follows below.]
But, first up today, paper tiger Donald Trump, after vowing he'd never settle the case by New York Attorney General against his fraudulent "charitable" organization called the Trump Foundation, agreed to settle today after all. A state judge fined the President of the United States $2 million after finding he misused the foundation, repeatedly and illegally, to further his own political and business interests. Trump admitted to the wrong doing detailed in the settlement.
Moreover, the remaining $1.7 million in the organization's bank account will be donated, along with the $2 million fine, to several different charities, including the United Negro College Fund and U.S. Holocaust Memorial Museum. Trump and his three children who sat on the Foundation's board will be restricted in their ability to sit on the boards of charitable organizations in the future. And while one might think that being forced by a court to pay up nearly $4 million after admitting to using a charitable foundation to rip people off would be grounds for impeachment, given the indescribably unending criminality of Donald Trump, it seems unlikely this matter will even come up in the U.S. House's ongoing impeachment proceedings against him.
To that end, House Dems have announced the schedule for the first public hearings in the impeachment inquiry to kick off next Wednesday, featuring two of Trump's top State Department officials who will testify to his politically motivated extortion plot against Ukraine. One of those officials, Deputy Asst. Sec. of State George Kent, is said to have taken copious contemporaneous notes after becoming concerned that the White House's attempted quid pro quo was "injurious to the rule of law, both in Ukraine and the U.S," according to a transcript of Kent's recent closed-door Congressional deposition made public on Thursday.
But, of course, we are still covering the ongoing fall-out from Tuesday's off-year elections, in which Dems flipped the Virginia House and Senate "blue" for the first time in decades, and as brand-new touchscreen voting machines deployed in Pennsylvania and in Georgiafailed disastrously on their initial trial run before 2020.
Today, we focus on the potentially disturbing developments in Kentucky, where the state's unpopular and very Trumpy Republican Gov. Matt Bevin is said to have lost by just over 5,000 votes (out of some 1.4 million cast) to Democratic challenger Andy Beshear on Tuesday. Since then, Bevin has refused to concede, citing "well-corroborated irregularities" including what he described on Wednesday as "'thousands of absentee ballots that were illegally counted," reports of voters being "incorrectly turned away" from the polls, and "a number of machines that didn't work properly." He has yet to offer actual details on those serious allegations, but has formally requested a "recanvass" of tallies. That, according to KY's Sec. of State, will be carried out next Thursday, in a state with a very recent history of serious election rigging --- at least by very powerful insiders.
However, while the Bluegrass State has rules to resolve contested elections with recounts, those statutes specifically do not apply to gubernatorial races, oddly enough. And that's where things get quite murky in the state. Contested gubernatorial races are settled by a vote of both Houses of the General Assembly. Both chambers in the state (which Trump won by some 30 points in 2016) are currently controlled by Republicans. The last time a gubernatorial contest occurred in the state --- in 1899 --- it ended with an assassination.
While a GOP scheme to steal the election from a Democrat this way seems ridiculously far-fetched at first glance, a number of normally quite conservative election law experts are taking the matter quite seriously, given Bevin's current playbook which, some of them suggest, mirrors that of his close pal Donald Trump and what he may do in 2020 if things don't go his way.
We're joined by one of the nation's top experts on all of this today, University of Kentucky College of Law'sJOSHUA A. DOUGLAS, to explain what happened on Tuesday; why Bevin's scheme and potential help from GOPers in the state legislature could augur very darkly for our democratic system; what all of this means for Mitch McConnell (the other similarly unpopular statewide Republican who just happens to be on the 2020 ballot); and what --- if Bevin turns out to be the same paper tiger that Trump is --- we should expect from the new Democratic Gov. Beshear's administration in an otherwise still very "red" southern state.
"There is danger," Douglas tells me today. "but it's not about irregularities. It's about the Governor's rhetoric and his allegations of 'voter fraud' and problems without any evidence whatsoever. I think that's really dangerous for our democracy, because it can undermine the public's confidence in our electoral system. I have not seen any evidence whatsoever that there were any problems in the way that Tuesday's elections were run. In fact, it was a fairly quiet Election Day [and] I usually hear about things that might be concerning. The danger here is really Gov. Bevin's allegations without any evidence, and Republican leaders' failure to call him out on that point."
"It's very concerning for what could happen in 2020 if Trump does not win re-election, and he also refuses to concede defeat by peddling theories of 'voter fraud' without any evidence," says Douglas.
Tune in for much more!
Finally today, Desi Doyen joins us for the 999th edition of our Green News Report! And it's at least as disturbing as the previous 998. Next week: GNR1000! And thanks to those of you who make our nearly 11 years of climate coverage possible with your much-needed donations at BradBlog.com/Donate!
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Guest: VA Delegate Mark Levine on Dems' new, long-awaited 'trifecta'; Also: Brand new touchscreen voting systems failed in GA and PA, while Dems saw a number of big wins in VA and probably KY...
On today's BradCast: There was much for Democrats to be delighted about in Tuesday's off-year elections around the country, though plenty for them to be remain very concerned about, including the failure of brand new voting system in several key battleground states. (Not to mention new charges of election fraud filed against Republicans in Ohio.) [Audio link to show follows below.]
We pick up today where we left off on yesterday's program, regarding disturbing voting disasters in several states, as nearly two-decade old touchscreen voting systems failed in Indiana, including flipping votes for at least the fifth year in a row, while brand-new, 100% unverifiable touchscreen voting systems being deployed in Pennsylvania and Georgia failed fantastically in several counties. Some voters were left unable to vote at all or facing long lines --- even during otherwise sparsely attended off-year municipal elections! Some candidates were left off of the electronic ballots all together and others found themselves with reportedly ZERO votes recorded on the all-new, way-better-than-the-old unverifiable touchscreen computer Ballot Marking Devices (BMDs) tested in both PA and GA before wide deployment for the critical 2020 Presidential election.
In GA, voters were unable to vote in 4 of 6 counties where the new $100 million Dominion Voting Systems ImageCast machines were test run in municipal elections, before they are deployed statewide to 7.5 million voters next year. The electronic pollbook systems that creates voter cards that must be inserted into the touchscreens weren't working properly on Election Day in those 4 counties, after they had worked fine during pre-election tests and early voting.
As to actual reported results from key contests on Tuesday, we break down a disappointing, if not completely surprising gubernatorial loss for Dems in Mississippi, a big apparent win for Kentucky Democratic gubernatorial candidate Andy Beshear and the challenge to that still-unofficial victory by the state's unpopular Governor Matt Bevin, and then the unequivocal success for Dems in the great Commonwealth of Virginia. There, a blue wave resulted in new Democratic majorities in both the House of Delegates and state Senate. The long-awaited victories, along with a Democrat already in the Governor's mansion, mean that Dems will enjoy a "trifecta" in Virginia for the first time in nearly 25 years.
We're joined today by DELEGATE MARK LEVINE, representing Virginia's 45th District (including parts of Alexandria, Arlington, and Fairfax County) in the House of Delegates. Levine, who ran uncontested for his third term on Tuesday, credits Trump, almost entirely for the rise of the Democratic Party in the once deeply-red state. "I like to say the only good thing Donald Trump has ever done in his life is help us win state legislative seats," he says, describing the President as "the gift that keeps on giving". He "fed our fire," he argues, adding that he believes the ongoing impeachment proceedings helped, rather than hurt, turnout for Democrats in the Commonwealth just outside of Washington D.C
We also discuss the effect that recently court-ordered un-gerrymandered maps had on flipping the two General Assembly chambers from red to blue on Tuesday, as well as the role the state's recent switch from hackable and unverifiable touchscreen voting systems to hand-marked paper ballots may have had, and whether Democrats will continue to support a state constitutional amendment for an independent redistricting commission now that they will be in control of both the Assembly and the Governor's mansion after the 2020 Census.
Levine, the longtime progressive radio host of "The Inside Scoop from Washington", breaks down a litany of long overdue policy agendas Democrats plan to undertake with their newly won majorities, including becoming the final state needed to ratify the Equal Rights Amendment (though legal battles await after their passage of the ERA).
"We're going to lead the way on gun safety laws. We're going to finally do something about climate change, which the Republicans have been fighting us on for decades. We're going to raise the minimum wage. We're going to do criminal justice reform. We're going to have non-discrimination for LGBT Virginians. We're going to improve education and teacher salaries, and workers' rights, consumers' rights, lower the cost of health care --- I'm really just getting started," he says, before explaining that "Democrats are unanimous" when it comes to expanding voting rights as well, including making it easier to vote with early voting, same-day registration and more.
"We're going to get past the Joe Biden wing of the party and into the Elizabeth Warren wing of the party," he vows. "Maybe some things on the further-most progressive edge, we might not have the votes for. But we're going to do a lot to change Virginia in a very blue direction"...
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On today's BradCast: It's Election Day today, and not going well in several states. But it's also Election Day one year from today, for President, and we've got some very timely advice. [Audio link to show follows below.]
Voter are voting, or trying to, in dozens of states around the country today. And, like clockwork, voting systems --- particularly newly installed touchscreen and electronic pollbook systems --- are failing and causing long voting times in a number of states (like New York, Virginia, and Indiana --- where "about 30% of the 93 precincts in St. Joseph County" had touchscreen problems, according to its County Clerk), even in sparsely attended off-year elections. We'll have more such problems as they come to light, undoubtedly, along with noteworthy results of Tuesday's elections across the nation, on tomorrow's BradCast.
But, while we're waiting, as we are now exactly one year out from next year's critical Presidential election, there is every reason to imagine (foolishly, we'll add here) that Donald Trump will be wiped out in a landslide next year. All things being equal, on a level playing field and sane world, he would be. But we live in neither these days. Even setting aside his ongoing impeachment, his last week has been an embarrassment of failures.
His withdrawal from the landmark Iran nuclear agreement has now resulted in Iran installing at least 60 new, modern, high-speed centrifuges to enrich uranium, which had been previously banned under the pact --- until Trump broke it.
An analysis of U.S. troops now both coming and going in Syria following Trump's sudden declaration that the U.S. was pulling out of the warn torn nation and his subsequent announcement that he was sending troops in to defend oil field left abandoned by our fleeing Kurdish allies, means that when all is said and done, the U.S. will have 900 troops in the country. That, versus the 1,000 that were there previously. And with all of that, "the United States has deserted its pivotal Kurdish ally; ceded territory the Kurds had controlled to Syria, Turkey and Russia; and opened the door for a possible Islamic State resurgence" as hundreds of ISIS prisoners were able to escape in the Trump-created confusion.
At the same time, back home, we've learned that Trump's "impenetrable" border wall, built with $10 billion in tax-payer dollars (not Mexican pesos), is anything but impenetrable, as smugglers are said to be breaching it with a simple power tool available for under $100 at Home Depot.
And while he hasn't cancelled Native American Heritage Month, as some on the Internet were reporting on Monday, he has declared November, awkwardly, for the first time, to also be National American History and Founders Month, a pet White Powery swamp project of one of his top campaign funders.
With all of that failure and ineptitude and embarrassment and corruption --- from just the past several days alone --- you'd think this guy would be heading toward a blow-out landslide loss next year to whichever candidate or ham sandwich Democratic voters nominate to run against him in 2020. Indeed, Washington Post and ABC News today published new polling showing that, among currently registered voters, all five leading Democratic candidates (Biden, Sanders, Warren, Buttigieg and Harris) crush Trump in head-to-head national match-ups next year by anywhere from 17 to 9 points. While that could ultimately turn out to be true, that polling --- and a lot of similar surveys you will hear over the next year --- are of NATIONAL polling. We do not run national elections in this country. We run state-by-state electoral college elections for President.
And, on that score, the New York Times has a much more sobering --- and even chilling --- preview of where they find that things currently stand in the six battleground states (MI, PA, WI, FL, AZ and NC) that were said to have decided the election in Trump's favor in 2016. In those states, Trump is currently believed to be even with or defeating the top Democrats, according to the new polling, which may be either right or wrong.
There are many caveats on that poll as well. Either way, it should serve as a very loud, screaming, red flag, siren alarm bell for those who believe Trump couldn't possibly win re-election next year. Given the more-art-than-science nature of such polling and our incredible fragile and vulnerable electoral systems, he absolutely could win the election again next year (just as we warned, to little avail or notice, in 2016.) Thus, NOW is a great time to take action: What are YOU going to do next year to help voters vote? We discuss and offer a few ideas. It's time to take action.
Finally, speaking of still more Trump failures, Desi Doyen joins us for the latest Green News Report, with news on the President's ridiculous withdrawal from the Paris Climate Agreement, yet another new oil spill on the Keystone Pipeline, and much more as we approach our 1000th episode of the GNR! (For which we humbly thank you for supporting through your donations at BradBlog.com/Donate! If you haven't done so lately, now would be a really great time to stop by with a one-time or recurring donation of any amount you like. Thank you!)
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On today's BradCast: John Oliver touches on America's voting machine crisis, America goes to the polls again (using those same, unverifiable touchscreen voting systems), and one year after accused sex assaulter Brett Kavanaugh was sworn in as a U.S. Supreme Court Justice, one 20-year veteran SCOTUS journalist is refusing to return to the Court...and for very good reason. [Audio link to show follows below.]
First up, as we are now officially --- finally --- less than one year away from the critical 2020 Presidential election, our electronic voting systems in many states are still just as bad and dangerous and vulnerable and unverifiable as they were 15 years ago. And, in a bunch of states and jurisdictions across the country, they are getting even worse and less verifiable than they were in the 2016 election. HBO's John Oliver dipped into the issue on his latest Last Week Tonight on Sunday night and got a lot of stuff right regarding our easily-hacked, oft-failed touchscreen voting systems that have been in use over the past several decades. Unfortunately, he also left out a whole bunch of stuff regarding the new and equally vulnerable and 100% unverifiable computer touchscreen Ballot Marking Devices (BMDs) which are now being installed and proliferating in states (many of them key battlegrounds) from coast to coast before 2020. In short, as we detail, Oliver's report was excellent....if this was 2009. As it is now 2019, however, his commentary was a bit wanting. But, we'll take what we can get and that, of course, is why you have The BradCast.
In related-ish news, a bunch of off-year state and local elections are happening in several states on Tuesday. Among the noteworthy contests is the gubernatorial race in Kentucky, where the unpopular and very Trumpy Republican Governor Matt Bevin is fighting for his life in a race with Democratic Attorney General Andy Beshear (son of the Bluegrass State's former Governor Steve Beshear), in what pre-election polls suggest is currently a dead-heat contest. But, as we detail today, Bevin was down anywhere from 3 to 5 points in pre-election polling during his first run for Governor against then Democratic Attorney General Jack Conway in 2015. Nonetheless, as we detailed that year, he somehow ended up winning the race, reportedly, by nearly 9 points in a state which still forces many voters to use the same unverifiable touchscreen voting machines that helped Bevin win in 2015. Many of those systems are the same very old, vulnerable and unverifiable ones which Oliver railed against on his HBO piece on Sunday. Trump is in KY on Monday night to help "drag one of the nation’s most unpopular governors across the finish line," as the New York Times describes it today, in what many see as a potential bellwether race ahead of 2020.
Meanwhile, it has now been just over a year since Brett Kavanaugh was sworn in to his lifetime post as an Associate Justice on the Republicans' stolen U.S. Supreme Court. He was seated on the bench almost immediately after Republicans in the U.S. Senate rammed through his nomination --- with the help of a trumped up FBI "investigation" --- late last year despite multiple, credible allegations of sexual assault against Kavanaugh from the time he was in high school and college.
Longtime SCOTUS journalistDAHLIA LITHWICKwrote at Slate last week about why she has not returned to the Court since Kavanaugh was sworn in. She joins us today to discuss the reasons behind her decision, and why, as she described, she will "not accede to the routinization and normalization of the unprecedented seat stolen from President Back Obama in 2016" by Mitch McConnell and Republicans, nor from the "unprecedented seating of someone who managed to himself evade the very inquiries and truth-seeking functions that justice is supposed to demand" in Kavanaugh.
"One-quarter of the federal appeals courts, at this moment, three years into the Trump presidency, are Trump nominees. We're not just talking about nine justices on the Supreme Court. We're talking about the most strategic, systematic takeover of the federal bench that any president has ever effectuated," she tells me. "And that is happening day by day, right under our noses. And those judges are also going to sit for decades. So it's not just the Supreme Court."
It's a fascinating and important conversation, I think, about not only why none of us should simply "get over it" and "move on", when it comes to both Kavanaugh and the stolen seat filled by Neil Gorsuch, but also why our nation's seeming inability (or even interest) in assuring accountability for all manner of precedent --- and criminal law --- breaking in recent years has brought the country to the perilous position we now find ourselves in: Trump in the White House, the Supreme Court stolen and federal courts packed with unqualified rubes for life, and SCOTUS on the precipice of deciding a number of enormously momentous issues this session from union rights to reproductive justice.
"It's what happened when Barack Obama made the decision that we just are not going to re-litigate the CIA torture program, and this very aspirational notion that if we all forgive and forget, we all get to meet in the middle and work toward better outcomes. It's kind of Lucy with the football --- it never works out to meeting in the middle and working toward better outcomes. It just turns out that, yet again, ground has been ceded," she tells me.
"We're really bad at this. The heart wants what it wants, and the heart wants normal. I think that we keep believing that this erosion, this slow systemic erosion of norms, is somehow normal. I thought it was a law, it's not a law. I thought it was a rule, it's not a rule," says Lithwick. "We didn't didn't used to seat 37-year-old bloggers who've never set foot in a court room as a federal judges for life. And now we do. There's no law, there's just a norm. What I was trying to get at in the piece is that constantly acceding to this and saying, 'Well, this is what it is now' --- that there are costs. There are huge, huge costs to democracy."
"Our scrutiny, our unwavering, unflinching, I'm-not-over-it scrutiny does make a difference," she insists. "We need to hold the Court to the same unflinching, 'we're watching you,' 'we care'. That seems like soft power, I understand it's not optimal, but I think the Court responds. What they really want is for us to put this on page A27 and get over it. And that's our choice, not theirs."
Lots of important stuff here, as I said. Can't really summarize it well enough here, so please tune in.
Also, Lithwick rings in with some thoughts --- which tie into the broader conversation --- on what she expects from John Roberts' Supreme Court following today's ruling by a federal appeals court in Manhattan that Trump's accounting firm, Mazars USA, must turn over some 8 years of his and his company's tax and other financial documents to New York state prosecutors and a similar decision by a federal appeals court in D.C. last month that the same firm must also turn over similar records to Congressional investigators in response to yet another lawful subpoena...
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On today's BradCast: Progressive 2020 Democratic candidate Elizabeth Warren finally releases her detailed proposal explaining how she plans to pay for "Medicare for All" with "not one penny in middle-class tax increases" and Democrats begin their push-back against a coordinated national GOP effort to curb surging turnout by young voters who, for some reason, tend to lean strongly Democratic when they are allowed to vote. [Audio link to show is posted below.]
First up, we're joined by longtime health care reporter ALICE OLLSTEINof Politico to break down the pay-fors and the politics of Warren's newly introduced details on how she hopes to fund her $52 trillion single-payer Medical for All plan without raising taxes on the middle class. Warren, in a 9,300-word Medium post on Friday, explained that "Medicare for All is about the same price as our current path --- and cheaper over time." The difference with our current path and her plan, she says, is that her plan covers everyone and even includes new benefits for dental, vision and long-term care, without spending more money than Americans pay overall right now for care that is twice as expensive as the rest of the developed world, but with worse outcomes.
Where fellow progressive Bernie Sanders has emphasized that middle class taxes would necessary increase under his version of Medicare for All while overall costs to Americans would be lower (thanks to no more monthly premiums, co-pays, deductibles, etc.), and where more centrist 2020 Dems like Joe Biden, Pete Buttigieg, Amy Klobuchar and Kamala Harris have argued that it would be impossible to find the trillions needed for such universal single-payer plans, Warren laid out her proposal for covering everyone with better care, doctors of their choice, and no increases in taxes on the middle class. The burden as she describes will fall largely on corporations and the top 1% of taxpayers.
"It's interesting that there's been so much focus and pressure on her to produce a plan to pay for a plan that she didn't write --- it's Bernie's plan. But she has embraced it, and since she has made her personal brand being the woman with a plan for everything, it makes sense why she was pressed on this, and why she felt that she had to put something serious out there," Ollstein tells me.
Warren's plan, as Ollstein reports, even offers incentives for business to unionize in order to save money for both workers and companies, while companies are required to pay no more for health care than they already do. Effectively, argues Ollstein, Warren's expansive proposal is effectively "trying to flip the tables" back on her opponents to demonstrate how either she is wrong about her plan, or how their own plans might offer better coverage to all for less money.
Her Democratic competition, however, are not the only ones currently gunning for both her as she continues to rise in the polls, and the others seeking to improve our woeful health care system. "The medical providers have been mobilizing all year long, not just against Medicare For All but for all of the more incremental reforms, as well. They do not want to take a haircut on any of this. And this would be far more than a haircut. This would be a very deep cut."
The debate over Warren's extraordinary ambitious proposal, however, and those of other Democratic candidates, will continue for some time, even if one of them is elected. "What ends up getting actually debated and passed will not look like what we're talking about now," Ollstein predicts. "How close it looks like to what we're talking about will depend on who turns out to vote in 2020, and who sits in those seats in the House and Senate. Because, man, elections matter."
Yes, they do. And Republicans know it. And the GOP effort to prevent Warren or any other Dem who wants to improve health care for Americans from taking ofice is already well under way in a number of battleground states, including Wisconsin, New Hampshire, Florida, North Carolina and Texas, where Republican lawmakers have been instituting particularly insidious measures to make it much harder for young voters, in particular, to cast a vote at all next year. We detail some of those anti-democratic and anti-Democratic measures today, along with some of the first of the push-back from Dems, who filed suit this week against a recently adopted Texas law that effectively shuts down voting all together on many college campuses. That, as voters in Texas and a number of other states, including Virginia, head to the polls for important elections this coming Tuesday.
In related breaking news as well today, Democratic 2020 candidate Beto O'Rourke of Texas announced that he would be dropping out of the Presidential nominating contest.
Finally, freshman Democratic Congresswoman Katie Hill of California offered her final U.S. House floor speech on Thursday, following the vote on rules for the process of impeachment of Donald J. Trump. Her remarks come after announcing her abrupt and surprise resignation last weekend in the wake of an ugly divorce battle, an ethics investigation regarding an affair with a staffer (which she denies), and nude photos of her being published by rightwing websites. She suggests those photos were given to her opponents by her "abusive" husband. In her fiery final floor remarks, Hill excoriates what she describes as a double-standard for women who are victimized by revenge porn, even as men who are credibly accused of sexual assault and violence, like the President of the United States (and two U.S. Supreme Court Justices) remain happily in office...
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On today's BradCast, in an historic vote, the U.S. House officially adopted formal rules and procures to govern the ongoing impeachment inquiry of Donald J. Trump. We also do a bit of helpful Impeachment 101 to explain how it works, and what we know historically about the process from the three prior Presidential impeachment proceedings against Andrew Johnson, Richard Nixon and Bill Clinton. [Audio link to program is posted below.]
Then, it's on to today's vote in the U.S. House, undercutting a limp Republican argument --- already undercut by a federal court last week which determined no such vote was actually required by the Constitution to proceed with impeachment --- a sharply divided House adopted a resolution [PDF] by a 232 to 196 vote, setting out official rules for how the inquiry will proceed. All present members of the GOP voted against the measure and all but two Democrats (conservative ones, from districts won by Trump in 2016) voted in favor. So did former Tea Party Republican turned Independent Rep. Justin Amash of Texas.
The resolution sets the ground rules for upcoming public hearings in the House Judiciary Committee with witnesses who have testified to members behind-closed-doors in recent weeks. The adopted procedures allow the President and his attorneys to participate and cross-examine witnesses in those hearings, as well as request subpoenas for their own witnesses and other evidence, as long as they do not obstruct the proceedings or continue to withhold evidence. The Democrats are targeting a timeline that could see a vote on Articles of Impeachment in the Judiciary Committee and then the full House by Christmas, unless it is further derailed by continuing White House obstruction.
We cover the historic floor arguments today in favor of the resolution offered by Democrats from House Speaker Nancy Pelosi to Intelligence Committee Chair Rep. Adam Schiff to several rank-and-file members, along with arguments against the resolution from members like House Minority Leader Kevin McCarthy and Minority Whip Steve Scalise.
Even as today's vote was carried out, both Democratic and Republican impeachment investigators from the Intelligence, Foreign Services and Oversight Committees continued taking depositions behind closed doors on Thursday, from witnesses testifying about Trump's quid pro quo pressure campaign against Ukraine, which is at the center of the current effort to consider official Articles of Impeachment against the President. Testifying in the House today was the top Russia expert on the White House's National Security Council, Tim Morrison, who was hand-picked by his immediate superior, the extremely right-wing then National Security Advisor John Bolton (who Democrats have also summoned to offer testimony in coming days.) Morrison reportedly corroborated accounts by other senior Administration officials that Trump did, in fact, personally push to withhold $391 million in Congressionally-allocated security assistance to Ukraine in exchange for a commitment from its new President to open an investigation into Joe Biden and a conspiracy theory that Ukraine (not Russia) attempted to manipulate the 2016 U.S. Presidential election.
Finally today, Desi Doyen joins us for the latest Green News Report with new evidence that Donald Trump is losing --- and losing badly --- the "War on Coal", the ominous sign for every state offered by California's wildfires and power blackouts, a very disturbing new study on sea level rise, and a number of major automakers joining Trump in his battle against California and a number of other major automakers on mileage and emissions standards...
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Guest: Media reformer Sue Wilson; Also: Preemptive blackouts threaten CA elections; GOP tries denial as impeachment defense; Trump Campaign has bought 69,000 Facebook ads since May...
Right in the middle of today's BradCast, as we were discussing the very topic, Twitter announced that they would be blocking all political ads before 2020 from their massive social media site. As our guest today explains, however, Facebook, still refuses to even fact-check political ads purchased on their site, no matter how demonstrably false and misleading they are. [Audio link to show is posted below.]
But first today, as fires rage up and down the great state of California due to climate change-fueled winds, heat, tinderbox dry conditions and preemptive power blackouts by private, for-profit utility companies who failed to heed early warnings, it's become clear that elections in the Golden State are now also endangered. Exactly one year out from next year's critical Presidential election, a number of large counties in the state, most notably here in Los Angeles (the nation's most populous voting jurisdiction) are moving to 100% unverifiable electronic touchscreen voting systems, rather than verifiable hand-marked paper ballots, and to e-pollbook systems at Voting Centers which rely on the Internet to establish voter eligibility before voting, rather than old school paper pollbooks.
Both new systems also require electricity for voters to be able to cast their votes at all. But what if power companies are forced, at this very same time next year, to once again preemptively shut down power to avoid the threat of utility line sparked wildfires? We have queried L.A.'s County Clerk and Registrar Recorder's office seeking information on what their backup plans are for such a situation, should it occur, next year. We'll let you know what, if anything, we hear back from Registrar Dean Logan or his office on an upcoming show.
Then, today's impeachment update includes a look at another one of the Republicans' latest attempts to find a way --- some way, any way! --- to defend Donald Trump's well-documented quid pro quo pressure campaign against Ukraine, as he withheld hundreds of millions of dollars in Congressionally-allocated military assistance in hopes of forcing Ukraine's President to commit to a probe of Trump's 2020 political rival Joe Biden. After eviscerating, on yesterday's program, the disingenuous cries from GOPers in recent days that the inquiry was unfair to the President for lack of "due process," today we highlight several of the attempts by a number of Republicans to simply deny the entire matter even exists. From Presidential son-in-law Jared Kushner's recent claim that the impeachment is little more than a "silly game" because the President "hasn't done anything wrong", to Rep. Mark Amodei (R-NV)'s refusal to answer even the simplest questions about Trump's documented behavior, to Rep. Ted Yoho (R-FL)'s admission that he hadn't even attended a single impeachment inquiry hearing session, despite being a member of the House Foreign Affairs Committee, one of three that has been taking depositions behind closed doors from witnesses in the Ukraine affair over the past several weeks.
Then, with the Trump Campaign having purchased some 69,000(!) micro-targeted Facebook ads since May alone, many of them either entirely false or horrifically misleading (and amounting to more ads in total than all 18 current Democratic 2020 Presidential candidates combined!) we're joined by SUE WILSON, former Emmy and AP-award winning broadcast journalist turned media reform activist and founder of the Media Action Center, to discuss the controversial refusal by Facebook CEO Mark Zuckerberg to fact-check political ads purchased on his enormous social media site.
Wilson recently wrote at The BRAD BLOG about the controversy, sparked by Zuckerberg's refusal to block a clearly false Trump ad which CNN refused to air, and a subsequent false ad by Elizabeth Warren that she purposely ran at Facebook (and admitted was false) in order to press the point. That column, critiquing Zuckerberg's claim to be following local broadcaster ad standards (despite not being a broadcaster) as an important issue of "free speech", was published prior to some 200 employees of the social media giant signing a public letter this week calling for a number of the same reforms cited by Wilson in her recent op-ed.
"Personally, I'm offended by the idea that lying ads are the same as free speech," she tells me. "That is not free speech. It is paid speech, paid-to-misinform-people speech."
Wilson describes the breaking news about Twitter as "wonderful", adding: "It's kind of ironic that it's taking Facebook for us to start looking at these political ads that are allowed to lie to us. Not only should Facebook ban all political ads, but we should rewrite the laws so that broadcasters ban all political ads. This is a giant industry which promotes misinformation, and this is one very good way to start telling the truth to America."
Wilson debunks a number of Zuckerberg's claims about his ill-considered policy decision to allow all paid political propaganda ads by campaigns to run, no matter how many lies are included in them, and explains the arcane, nearly century-old federal requirements regarding which political ads broadcasters (versus cable channels and television networks) are allowed to prevent from running and which ones they may not censor, no matter how demonstrably false they may be.
Today's conversation with Wilson makes clear that Facebook needs to, as its own employees advise, rethink its current policy, at a minimum, before the platform is further "weaponized" by political campaigns with "destructive misinformation" that threatens our very democracy, even as concerns about political censorship by huge media outlets remains a concern. Hope you'll tune in for this important discussion in advance of next year's critical Presidential election!...
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, Pandora, TuneIn, Google, Amazon or our native RSS feed!
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About Brad Friedman...
Brad is an independent investigative
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and a Commonweal Institute Fellow.