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Latest Featured Reports | Tuesday, December 24, 2024
Silent Nights, Holy Hell
A holiday message from The BRAD BLOG...
Sunday 'Happyish Holidays' Toons
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!...
Trump Gets Trumped in Our Musky Year-End Roundtable: 'BradCast' 12/19/24
Guests: Heather Digby Parton of Salon, 'Driftglass' of 'Pro Left Podcast'...
'Green News Report' 12/17/24
  w/ Brad & Desi
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...
Previous GNRs: 12/17/24 - 12/12/24 - Archives...
About Some of Trump's 'Day One' Threats: 'BradCast' 12/18/24
Guest: Joshua A. Douglas on voting laws, Presidential powers; Also: House panel to release Gaetz report; Trump plans for reversing Biden climate, energy initiatives...
Trump Family Corruption Cometh...So Does Our Opposition: 'BradCast' 12/17/24
Immunity denied to felon Trump in NY; The Family's crypto-corruption on display in UAE; On overcoming 'militant pessimism'...
'Green News Report' 12/17/24
'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...
Mistallied Contests Found in OH County, as Oligarchy Rises in D.C.: 'BradCast' 12/16
Also: FBI informant 'guilty' to lies about Ukraine 'bribes' to Bidens; Trump Cabinet donated millions; Tech/media billionaires pay tribute...
Sunday 'Barrel Bottom' Toons
THIS WEEK: Kashing In ... Billionaire Broligarchy ... Slow Learners ... Exiting Autocrats ... and more! In our latest collection of the week's best toons...
Trump Admits He Can't Lower Grocery Prices (Biden Just Did): 'BradCast' 12/12/24
Also: 1,500 commutations; I.G. on FBI & 1/6; NC GOP power grab; Dick Van Dyke sends us home smiling...
'Green News Report' 12/12/24
Firefighters struggle to contain Malibu wildfire; Planet getting drier, new study finds; PLUS: Arctic has shifted to a source of climate pollution, NOAA reports...
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: Tax policy expert Alexandra Thornton; Also: Great news for voters in MI! And, what exactly is Sen. Jeff Flake doing in Africa?...
By Brad Friedman on 8/1/2018 6:20pm PT  

On today's BradCast: Tax cuts by executive fiat? It may depend on what the definition of "cost" is. Republicans used to pretend to oppose "Imperial Presidencies" --- at least when the President in question was Barack Obama --- but, hey, things change. [Audio link to show is posted below.]

First up today, however, we begin with some good news for a change! The Michigan Supreme Court late on Tuesday, approved a wildly popular, non-partisan, grassroots anti-gerrymandering measure for this November's statewide ballot, after GOP opposition to the initiative. Michigan's Proposal 2 is just one of several encouraging election reforms that Michiganders will be able to vote for (or against) during this year's midterms. And, MI is just one of several states (along with Missouri, Utah, and Colorado) that will see citizen-driven initiatives to end the scourge of partisan redistricting on this year's ballot!

More good news: A U.S. court of appeals in California on Wednesday upheld a lower court ruling finding Donald Trump's executive order barring federal funds to so-called "sanctuary cities" as unconstitutional.

Then, several new studies find record corporate profits --- both before and after the Trump/GOP tax cuts to corporations and the wealthy late last year --- are being spent mostly on stock buybacks, rather than increased worker wages, as Republicans had pretended would be the case when they rammed last year's massive tax cuts through Congress. Those cuts have already raised the federal deficit above $1 trillion, rather than paying for themselves as promised.

At the same time, Trump's Dept. of Treasury is now said to be considering a controversial scheme to bypass Congress entirely in order to offer at least another $100 billion in tax cuts to the wealthiest Americans. We're joined today by ALEXANDRA THORNTON, former tax policy adviser to the U.S. Senate Finance Committee, now Senior Director of Tax Policy for Economic Policy at the Center for American Progress. She tells me: "We already have very low taxes on capital income, capital gains, and now they want to make it lower."

Thornton explains Treasury Secretary Steven Mnuchin's planned scheme that would reinterpret the word "cost" in the federal Revenue Act of 1918 in order to index the already very low tax rate on income earned via investment in stocks and real estate to inflation, and how doing so by executive branch fiat would most likely be unlawful. (At least the George W. Bush Administration found that to be the case when they considered a similar plan.)

"Here is this administration that's been talking about 'regulatory overreach' and wanting to get rid of all these regulations, and now they want to go beyond their authority to pass a regulation that gives this gigantic tax cut almost exclusively to the wealthy. It's incredibly hypocritical."

Thornton also debunks the long-held GOP "fairy tale" that tax cuts pay for themselves by growing the economy, rather than blowing holes in the national debt and deficit, and further helps explain why last year's tax cuts, as passed without any Democratic votes, may not be working quite as well as a campaign issue for Republicans before the midterms as they had hoped.

"This is all part of the conservative mantra that if we tax investment that'll slow down economic growth. There's really no evidence for that at all. Basically, what they say is that we need to cut taxes on any kind of income, and eventually that will mean that we'll be able to invest in more things in the economy which will make workers more productive, and when they become more productive their wages can go up and there will be more jobs. And it's a fairy tale. It's basically never happened. It doesn't work like that."

Finally today, Senate Majority Leader Mitch McConnell cancelled this year's August Senate recess in hopes of ramming through a bunch of Trump's federal judicial nominees and his pick for the U.S. Supreme Court, Brett Kavanaugh. His hope was to do so before Republicans potentially lose their slim majority in the U.S. Senate in the fall elections. But that plan may be facing an unexpected hurdle from Arizona's outgoing U.S. Senator Jeff Flake, who is currently in Africa observing the hand-counting of hand-marked paper ballots in Zimbabwe's historic election. He may not be returning to D.C. anytime soon, according to some Senate staffers, which could stymie the possibility of any nominees being voted out of the Senate Judiciary Committee (which is deadlocked at 10 to 10 without Flake's presence), and perhaps even prevent floor votes in a 49-49 Senate with both Flake and ailing fellow Arizona Senator John McCain both missing. Is Flake, who claims to be a Trump opponent (even while voting for most of his agenda anyway) finally taking some form of real action in response?...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Marilyn Marks of Coalition for Good Governance; Also: Trump, Giuliani 'obliterate' the 'collusion' goalposts as Manafort goes on trial...
By Brad Friedman on 7/31/2018 6:59pm PT  

On today's BradCast: Desi and I are back today. (Our thanks to Angie Coiro of In Deep Radio for filling in over the last couple of shows!) And we've got a lot to catch up on today --- including the fact that the crucial midterm elections are now less than 100 days away, and the paper ballots and other materials from the 2016 Presidential election may be destroyed entirely in just over one month, with nobody, to this day, actually knowing for certain who actually won it. [Audio link to show follows below.]

But, first up today, for some reason Donald Trump's lousy personal attorney, Rudy Giuliani, has spent the last few days seemingly making things much worse for his client. Most notably, in addition to suggesting that Trump may have known in advance about the infamous June 2016 Trump Tower meeting between his son, son-in-law, campaign chair Paul Manafort and a team of Russians promising "dirt" on Hillary Clinton, both Giuliani and Trump have now extended their ubiquitous claims of "no collusion" to become "no collusion, but even if there was collusion, that's not illegal."

They are both wrong, however, as we explain today. Collusion --- better known as "conspiracy", in this alleged case, with a foreign power working to influence the 2016 U.S. Presidential election --- would most certainly be unlawful. But why the sudden media offensive by Team Trump on this point, just before the first of two federal trials for Manafort was scheduled to begin today? We discuss.

Then, just over than three months from the crucial 2018 midterm general election, U.S. computerized voting and tabulation systems remain wildly unsecured and virtually impossible for the public to oversee (for the most part) in order to confirm that computer-reported results actually reflect the will of the voters. Today, better late than never, I guess, the Dept. of Homeland Security announced a new cybersecurity task force to help protect against attacks on critical infrastructure such as the power grid, our banking systems and, yes, the election system. But, in announcing the new effort, DHS once again misled the American people by suggesting that no votes were manipulated in the 2016 election. In truth, that point that remains unknown since, as DHS admitted last year, they never actually conducted forensic analyses of voting and tabulation systems --- nor even bothered to count existing hand-marked paper ballots --- to determine if the most startling election result in U.S. history was, in fact, manipulated or accurate.

Moreover, the ballots in question from 2016 (where such hand-marked paper actually exists) may be destroyed as early as September, after the 22-month federal requirement for retention of all election materials --- such as ballots and ballot programming code, etc. --- expires. We call today on citizens and legal organizations --- and the media --- today to file public records request to examine those ballots and/or at least ensure they are retained beyond the September expiry date, since almost none of the ballots cast in 2016 have ever been examined by human beings to determine if they were accurately tallied.

That is true in all 50 states. But nowhere in the U.S. is it more difficult to oversee the accuracy of election results than in Georgia, where Republican Secretary of State Brian Kemp reportedly won his GOP primary runoff for the gubernatorial nomination last week against Lt. Gov. Casey Cagle. As the Atlanta Journal Constitution describes, based on a new study, Cagle's failure to defeat Kemp in the runoff election, after easily placing first in the state's May primary, was the most dramatic runoff collapse in Georgia political history. And the paper doesn't note, though we do, that it was all done on the state's 100% unverifiable Diebold touchscreen voting systems "overseen" by Kemp himself.

Today we're joined by longtime Republican election integrity advocate MARILYN MARKS, Executive Director of the Coalition for Good Governance, to discuss all of the above and, specifically, her group's ongoing lawsuit against Georgia. The complaint demands the state dump their 15-year old, easily manipulated, unverifiable electronic vote-casting system before November, in favor of the state's existing hand-marked paper ballot system long used for absentee voting.

Marks tells me how this can easily be done in time for this year's general election (and in other states as well!), how SoS Kemp has been lying about state law in order to avoid such a switch, and whether or not we have learned any more, since last year, about the mysterious wipe of the state's long-vulnerable election server (and its backup) just days after her lawsuit was originally filed last summer.

On destroying the 2016 ballots, Marks joins our call for folks to file FOIA requests to keep the ballots from being destroyed: "I fear that many election officials in those swing states, that they are standing there over their records with a can of kerosene in one hand and a book of matches in other, just waiting for a month from now. ... People need to understand that there is no requirement that the records be destroyed after 22 months. That is up to each election official in each county. They can retain them as long as they want. They can't destroy them before 22 months, although I fear some of them have. But even if local citizens can convince their election official not to destroy them, even that is progress."

On the claim by the Trump Administration that results were not manipulated in 2016: "I have never have any confidence in that. That's not to say that I believe that voters were changed, but I don't have any belief one way or the other because there is no evidence. How do these people make this claim when no one has looked, and no one has any evidence one way or the other?"

On what citizens can do in locations where voters are forced to vote on unverifiable touch-screen systems: "Go now --- I mean NOW --- to your local election boards, local board of county commissioners, and demand paper ballots. Because they can get it!"

Much more, must-listen thoughts in our conversation today!

Finally today, the Koch Brothers' Republican political network --- which has spent hundreds of millions each election cycle over the past decade or more, supporting GOP candidates and attacking Democrats --- say they're now having second thoughts about Donald Trump and his toady Republicans in Congress. We explain why you shouldn't believe their crocodile tears of disappointment for a second...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: E-pollbook and voter database failures during GA's Tuesday primary runoff another reminder to get ready for November's crucial midterms...
By Brad Friedman on 7/26/2018 5:25pm PT  

On today's BradCast, our week of exploding ridiculous GOP myths continues. On Tuesday, we debunked the absurd notion that they oppose "big government" in favor of state and local control. Yesterday, the decades-long scam that they oppose debt and deficit spending. Today, their opposition to "socialism" is exposed for the lie that it remains. [Audio link to show follows below.]

But, first up today, Tuesday's primary runoff in Georgia offered yet another stark reminder of what could go terribly wrong in the Peach State --- and all of the others --- this November, as voters were, again, prevented from casting ballots due to a failure in the state's voter registration database and its computerized electronic pollbook system. That, of course, is on top of the 100% unverifiable touch-screen voting systems that voters are still forced to use in Georgia on Election Day --- at least when they are allowed to vote.

But, don't worry. Brian Kemp, the Republican Sec. of State who "oversees" both systems --- including during the several years when the entire registration database and administrative passwords for the tabulation systems were left unprotected online for downloading --- is now the GOP's nominee for Governor in the state. He'll make certain the public has confidence in the results of his race this November between him and Stacey Abrams, who could become the nation's first African-American female Governor.

Then, it's onto Donald Trump's socialist --- yes, socialist --- scheme to bailout farmers in the Midwest who are being devastated by Trump's trade war with China. But, again, don't worry. He's found an old FDR-era New Deal program that the White House plans to use to give farmers $12 billion in tax-payer money to make some of the losses he has caused them a bit less stinging. In response, Republicans in Congress this week pretended to be outraged about the bailout, while taking no actual action to reverse either it or Trump's trade wars with the world.

Of course, the GOP only pretends to oppose socialist programs, which are otherwise wildly popular with the American public. When needed, they are more than happy to privatize profits and socialize losses when they control the reins of government. By way of yet another example today, we share a remarkable story along those lines, about a very powerful Republican family from Indiana who has been enjoying local, state and federal government bailouts for years --- to the tune of some $20 million --- following the failure of their once-formidable gas station empire and the toxic trail it has left behind.

Finally today, Desi Doyen joins us for the latest Green News Report, as heat records continue to be shattered this month, global warming-fueled fires and flooding wreak deadly havoc across the globe and in the U.S., and as Trump and the Republicans expand their ongoing war on the environment, public lands and endangered species...

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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Guest: BRAD BLOG legal analyst Ernest A. Canning; Also: Good news from the courts for voters in FL, IA; Bad news for GOP deficit hawks (if such a creature actually even exists)...
By Brad Friedman on 7/25/2018 6:42pm PT  

Donald Trump's grip on reality seems to be slipping more and more each day. Or, at least his interest in reality is slipping, if not his interest in deceiving his supporters and everyone around him about demonstrable reality. That sentiment was, perhaps, best summed up when, on Tuesday, the five-time draft dodger declared at the Veterans of Foreign Wars (VFW) annual convention in Kansas City: "What you're seeing and what you're reading is not what's happening." Got it?

Among the things that actually are happening, as covered on today's BradCast. [Audio link to show follows below]...

The Administration now (quietly) concedes they were wrong about last year's massive tax cuts for corporations and the wealthy paying for themselves through a rise in federal revenue. In the first half of 2018, we now know, corporate tax revenue plunged to its lowest level since such data was first tracked beginning in the 1940s. Thanks to slashed corporate tax rates, federal revenues are now lower than the then-historic plunge following the 2017 economic collapse. And, with that, deficits are now set to rise above $1 trillion annually for the foreseeable future. That, of course, is the exact opposite of what Trump, his White House and Congressional Republicans told Americans last year when pushing for their new tax rates and even worse than real economists at the time had predicted.

Then, after former CIA Director John Brennan declared Trump's "performance" at his joint press conference with Vladimir Putin in Helsinki last week was "nothing short of treasonous," the White House announced they were seeking to remove his security clearance, along with five other former top U.S. intelligence officials (two of whom no longer have such a clearance anyway) who have been critical of the President's behavior and statements regarding the investigation into Russia's alleged cyberattacks and other interference in the 2016 Presidential election.

The rank politicization of security clearances by a White House may be unprecedented and even one of many impeachable offenses by this President, but does his behavior regarding Russia really rise to "treason", as Brennan argued? BRAD BLOG legal analyst ERNEST A. CANNING joins us today to discuss his recent article on the Constitutional definition of "treason" (the only crime defined in the founding document and one that is punishable by death) and whether the charge could possibly apply to Trump, given that we are not --- at least officially --- "at war" with Russia.

Canning, while he's here, also details two very encouraging court rulings handed down in advance of the crucial 2018 midterm elections, one from a federal court in Florida yesterday, and the other from a state court in Iowa today --- both regarding GOP attempts to restrict early voting and other related issues. In Florida, as Canning explains, the judge described the state's GOP-run state Election Division's restrictions on creating early voting sites at state colleges and universities displayed "a stark pattern of discrimination" in violation of the U.S. Constitution's 26th Amendment. And, in Iowa, the court ruled the Republican state legislature's newly enacted law and GOP Sec. of State effort to promote it "substantially and directly interfere with Iowans' constitutional rights to vote."

Finally today, speaking of reality, on Tuesday the Kremlin made clear they had no intention of accepting Trump's invitation for Putin to come to Washington D.C. this fall for a second summit. That, despite Trump and his Press Secretary Sarah Huckabee Sanders previously declaring that plans were already being made for the meeting. Today, White House officials were finally forced to admit the meeting will not, in fact, take place, though the admission was misreported by some in the media as, naturally, the White House pretended it was their choice, not Russia's...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Or, The 'Conservative' Con Continues as the World Burns...
By Brad Friedman on 7/24/2018 6:25pm PT  

It's remarkable that Democrats --- and the mainstream corporate media --- have allowed Republicans to get away with claiming to be "conservatives" who support states rights, small government and local control for so many years. As it turns out, the exact opposite is usually true. That becomes abundantly clear whenever and wherever the GOP takes the reins of government power. We've got several examples of that, once again, on today's BradCast. [Audio link to show is posted below.]

As global climate change continues to shatter heat records across the country and planet, the death toll continues to rise along with temperatures and more intense, unexpected (if long-predicted) extreme weather. On Tuesday, at least 74 were killed in sudden wildfires in Greece. That toll, which is expected to rise, comes on the heels of hundreds killed by recent record rain, flooding and accompanying landslides in Japan, and at least 77 dead amid all-time record heat there over the past week alone.

Heat records are being shattered every day of late here in the U.S. as well, including in Phoenix where it topped out at a record 115 degrees on Monday, and where airplanes were grounded for several days last summer thanks to record warmth. This year, however, with the help of Trump's FAA, American Airlines has come up with a way to avoid being grounded despite new record temps. They've just raised the maximum temps under which their planes are allowed to take off! What could go wrong?

At the same time, the Trump Administration is now challenging the state of California's right to set their own fuel efficiency standards for cars, despite an agreement with the Obama Administration that had, with the approval of automakers, established a uniform nationwide standard. The state's right to set its own environmental standards at all --- as established over nearly 50 years under the federal Clean Air Act --- will now, reportedly, be revoked by Trump's EPA who, apparently, have no use for states rights (at least when that's inconvenient to GOP corporate funders.) Let the law suits begin continue.

Similarly, so-called "conservatives" in Texas are attempting to use Big Government state law to preempt efforts by local governments and voters in Austin, San Antonio and Dallas, who hope to establish their own rules for paid sick-leave. Some 40% of Texas workers, according to a recent study, are currently prevented from taking a paid day off when either they or their children get sick. The state's Big Government-loving Governor Greg Abbott and Attorney General Ken Paxton (facing his own securities fraud indictments) oppose the city measures, just as they have in the past when voters in local jurisdictions have attempted to ban fracking, raise minimum wage requirements or even ban plastic bags.

There is, however, a solution. We can all try --- try, at least --- to vote the liars and hypocrites out of office this November. In Nevada, for example, voters are now said to be on the verge of potentially electing the first female majority state legislature in our nation's history. To pull it off, however, and to flip local, state and Congressional seats from "red" to "blue" this year, voters will have to turn out and actually be allowed to cast a vote.

A new study from the Brennan Center for Justice suggests that may be more difficult than many currently appreciate. Their analysis finds that voters are being purged from the rolls at a record pace, particularly in jurisdictions with a history of racial discrimination, where such procedures previously required federal preclearance under the Voting Rights Act (until the GOP majority on the U.S. Supreme Court gutted the landmark 1965 law in 2013.)

So, with just over 100 days remaining until this year's crucial midterm elections, please CHECK YOUR VOTER REGISTRATION to make sure you are still properly registered! Don't wait until its too late!

But, we close today with at least a bit of encouraging news. Despite the stolen GOP majority on the U.S. Supreme Court recently blocking lower federal court rulings finding U.S. House and state legislative seats had been unlawfully gerrymandered by partisans in several states, a number of statewide measures to end partisan gerrymandering will most likely be on the ballot this November. Unless, that is, so-called "conservative" Republicans block the so-far wildly successful, bi-partisan grassroots initiatives in states like Michigan, Missouri, Colorado and Utah...

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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Guest: TPM's Alice Ollstein; Also: ES&S misleads officials after lie about remote access of election systems; Deadly storms slams Midwest...
By Brad Friedman on 7/20/2018 6:09pm PT  

First up on today's BradCast, a follow-up to yesterday's important show on the wildly vulnerable remote access software installed with computerized election systems sold --- and lied about --- by the nation's top voting system vendor, Election Systems and Software, Inc. (ES&S), as well as by other U.S. vendors who have helped privatize our public election systems. [Audio link to show follows below.]

After Kim Zetter's report at VICE's Motherboard earlier in the week revealed the company had lied to her about their use of the dangerous software for her New York Times report earlier this year, ES&S apparently sent an extraordinarily misleading email to their "valued customers" (election officials in counties around the nation), hoping to minimize concerns over their ill-considered practices.

As they --- and the other corporate vendors who have taken over our public elections with poorly designed, oft-failed and easily-manipulated computer voting and tabulation systems --- have been doing for years, the letter misinforms their "customers" about the dangers of including remote access software on election management systems which program ballots for electronic voting machines and tabulate votes. We explain how the company --- and, sadly, most of the federal government --- continues to lie and mislead about the dangerous of such systems, all of which, despite claims to the contrary by many officials, are, in fact, vulnerable to both Internet hacking and insider manipulation.

Then, as a new federal court deadline looms in less than a week for the Trump Administration to reunite more than 2,500 children separated from their parents at the border, we're joined by Talking Points Memo reporter ALICE OLLSTEIN, who has been keeping up with a dizzying array of federal court motions, hearings and rulings in recent weeks.

The consequences of Trump's so-called "Zero Tolerance" policy at the border has somewhat fallen off the front pages over the past week of mind-bending Trump/Russia news, so Ollstein catches us up with much that we have missed, including one court loss after another for the Trump Administration and federal judges --- appointed by Democrats and Republicans alike --- quickly losing patience with them. Heartbreaking stories of thousands of separated families continue to come out, as the Administration, from all reports, appears nowhere close to meeting a July 26 deadline to reuinite thousands of children over 5 years of age with their parents.

"It's just a huge mess, and it has been for weeks," she tells me. "The administration has been saying things in court and in legal filings that are just blatantly untrue. They have made promises and not kept them. They've blown past the deadlines for the reunification. So these federal judges are losing their patience and stepping in."

Ollstein describes reports from legal groups and immigration advocates of kids still being snatched from their parents at the border and facing "deep, deep trauma" within government detention, while novel (and seemingly unlawful) new interpretations of asylum laws are challenged in court and Congressional Republicans refuse to take substantive action.

"This has been pushed off the front page by other crazy, breaking news in this crazy administration," she observes. "Obviously, people are still outraged, still upset about this and want to see a solution. But it seems Republicans are not feeling enough heat to take action."

Finally, with way too much heat in the Midwest, extreme weather turned deadly on Thursday, as 17 were killed when a sudden storm overtook an amphibious "duck boat" on Table Rock Lake near Branson, Missouri, and as a swarm of as many as 27(!) tornadoes seem to have appeared out of nowhere to devastate several towns in Iowa...

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With Trump's own intel agencies warning of election hacks and the White House contradicting them, disturbing new revelations of voting system vulnerabilities may help explain a 2011 BRAD BLOG exclusive report...
By Brad Friedman on 7/19/2018 6:43pm PT  

As noted at the top of today's BradCast, it's worth buckling up before listening. [Audio link to show follows below.]

We begin, gently enough, with the news of California's Supreme Court temporarily nixing a billionaire's statewide initiative from this November's ballot which, if adopted, would split the state into three. We explain why the Court removed the measure, for now, thanks to a challenge by an environmental group.

Then, with Donald Trump's own Director of National Intelligence, Dan Coats, warning this past week that "the system is blinking red" in a way that hasn't been seen since just before the 9/11 attacks, the multiple and ever-changing positions by the President of the United States in recent days, regarding whether Russia interfered in the 2016 election and is actively doing so in advance of the 2018 midterms, is all the more head-spinning. Coats was referencing warning signs being reported by U.S. intelligence agencies regarding ongoing attacks and intrusions on America's critical infrastructure --- including our wildly vulnerable electoral systems.

Moreover, new reporting on Trump being read into explicit source details weeks before he was inaugurated in early 2017 regarding Russia's alleged 2016 election intrusion measures, make his ongoing denials, ever-changing positions, and dizzying White House spin to explain them all following Monday's summit with Putin in Helsinki, all the more bewildering. Nonetheless, his own intelligence apparatus and appointees continue to contradict the President, even as the GOP-controlled Congress fails to take any substantive action to either place a check on Trump or even to help protect this November's crucial elections.

At the same time, after the FBI informed Maryland just days ago that its entire election system was being hosted on a private commercial server said to be owned by a Russian oligarch tied to Putin (as discussed in detail on yesterday's BradCast), we learn this week that the top U.S. election system vendor, ES&S, has been lying about remote access software and modems installed, for many years, on systems still used by a majority of U.S. voters.

The new revelations may help explain an exclusive special report published by The BRAD BLOG back in 2011, with an officially-commissioned independent analysis finding that, among other concerns, Venango County, Pennsylvania's ES&S election management system had been accessed by an unknown and unauthorized computer for "several hours" from a remote location. As we reported at the time, ES&S and the County's Board of Commissioners went to considerable lengths, after those revelations, to block a further, independent forensic analysis of the system.

And now, perhaps, we may know why. Kim Zetter reports this week at Vice's Motherboard that the company lied to her and New York Times' fact-checkers earlier this year in advance of her February article at the paper on the inclusion of modems and pcAnywhere remote access software included with the election management systems sold to customers from 2000 to 2006. After previously insisting the company had no "knowledge that our voting systems have ever been sold with remote-access software", ES&S reversed itself in a letter to U.S. Senator Ron Wyden, she reports. But they have refused to respond to the Senator's subsequent follow-up queries or to appear at recent Senate hearings on U.S. election system vulnerabilities.

As Zetter details, pcAnywhere was found to include multiple and serious vulnerabilities over the years, which would have allowed unauthorized intruders to change election results with little chance of detection. Moreover, she explains, many questions remain about why ES&S lied, which jurisdictions around the nation may still feature the same, easily-exploitable flaws, and about electronic voting and tabulation systems manufactured by the nation's other top vendors, believed by expert to likely have included similar remote-access vulnerabilities.

All of that (and more, including our latest Green News Report), just over three months out from this November's midterm elections. Told you to buckle up...

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Guest: The Intercept's David Dayen: Also: CA Dems endorse Feinstein's opponent de León; Sanders and Ocasio-Cortez head to KS; FBI reveals Russian ownership of MD's public election system server...
By Brad Friedman on 7/18/2018 6:41pm PT  

We start off on today's BradCast with how the FBI's startling new revelation that a Russian oligarch tied to Vladimir Putin essentially owns the state of Maryland's public election system, underscores yet again what we've been trying to explain for about 15 years here: Private corporations have no place in public elections! [Audio link to full show is posted below.]

Only oversight by the public can possibly prevent our electoral system from being manipulated (or owned) by insiders (like election officials and/or private election vendors) or outsiders (like foreign nations and/or hackers). Amazingly, Maryland says they had no clue about the Russian ownership of the private server company which hosts the state's electoral systems --- including voter registration, election management (ballot programming and tabulation), election night results reporting and more. They were notified by the Feds just last Friday. (For a sense of how long we've been yelling about the threats related to the corporatization our public elections, see our August 2008 article by Ellen Theisen, linking to Voters Unite's then-new report on how private "Vendors are Undermining the Structure of U.S. Elections".)

Next, speaking of public oversight being stripped away from the public, author and financial journalist DAVID DAYEN joins us to discuss several topics. First, the US Treasury Department announced this week, incredibly enough, that it is doing away with the requirement for non-profit "social welfare organizations", such as the National Rifle Association, U.S. Chamber of Commerce and the Koch Brothers' Americans for Prosperity, to reveal the names of their donors to the IRS.

"You can sort of squint and say, well, any organization, whether it's the Chamber of Commerce or Planned Parenthood, on the left or on the right, can benefit from this," says Dayen. "But lets' be real. The practitioners of dark money are overwhelmingly on the right. That's why politicians on the right support burying this information, whereas politicians on the left generally support disclosure."

The new regulation, experts and journalists argue, will make "dark money" in our elections even darker. The three right-wing groups cited above were the top spenders on elections in 2016 and they are celebrating the new announcement by Treasury Secretary Steven Mnuchin today, even as Treasury used what Dayen describes as a "Zombie Lie" (which just wont die) in their official announcement --- citing the long-debunked "IRS targeting scandal" --- as one of the reasons for the new policy, which has long been lobbied for by the Right.

The announcement comes just days after the federal indictment of a Russia national who had infiltrated the NRA along with another oligarch who had helped funnel millions of foreign dollars to the group. "Foreign spending within US elections remains illegal, whether the IRS collects this information or not. And it seems like they're giving themselves less of an opportunity to connect the dots and make sure they are properly enforcing federal election law." That, I argue, is a feature, not a bug.

Then, Dayen explains the remarkable turn of events over the weekend in Oakland, where the California Democratic Party's executive committee voted --- by a huge margin --- to endorse state Senator Kevin de León over four-term, 26-year incumbent U.S. Senator Diane Feinstein in her reelection bid this November. Dayen describes what happened and why.

Finally, Dayen details why progressive Sen. Bernie Sanders and NY U.S. House candidate Alexandria Ocasio-Cortez are barnstorming the so-called "red" state of Kansas this weekend to stump for several progressive U.S. House candidates in advance of the state's August 7 primary. Early voting in the state is under way as of today.

Also, though we didn't have time to dive into the details, Dayen teases his recent "long read" over at HuffPost's Highline, which he worked on for about year, documenting the jaw-dropping story of what happened to a whistleblower who tried to sound the alarm on sexual harassment at international banking behemoth HSBC...

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Guest: Former federal prosecutor Michael J. Stern; Also: Trump tries to walk back Helsinki remarks after a day of brutal criticism...
By Brad Friedman on 7/17/2018 6:40pm PT  

On today's BradCast: Donald Trump tries to walk back Helsinki, and Robert Mueller has more shoes to drop, according to a former federal prosecutor's analysis of recent indictments. [Audio link to show follows below.]

The fallout from President Trump's stunning comments in Helsinki on Monday continued on Tuesday, in response to the President of the United States taking sides against his own intelligence agencies and in favor of Russian President Vladimir Putin, who stood beside him at a joint press conference following their one-on-one summit. After more than 24 hours of unrelenting backlash from media, Democrats, former intelligence officials --- and even a number of largely gentle public critiques from some Republicans --- Trump attempted to clean up his overseas comments.

Working from written remarks at the White House today, he now claims he "accepts" the U.S. Intelligence Community assessments of various alleged Russian cyber-attacks on the 2016 election, and that he simply misspoke --- just one word --- when claiming during Monday's joint presser with Putin that he saw "no reason why it would be Russia" behind the 2016 attacks. He meant to say "wouldn't", rather than "would", he now says. Trump is hoping to dig out from under his denial just days after Special Counsel Robert Mueller filed new felony charges against 11 Russian military intelligence officials said to have been working on behalf of Putin, according to the indictment, when they infiltrated DNC and Hillary Clinton campaign computers to steal emails, release them to the public before the election, plant malware on state and local election official computers and steal voter registration data in 2016.

Mueller's Friday indictment preceded yet another one announced on Monday by the Dept. of Justice, concerning the Sunday arrest of a Russian national who allegedly infiltrated the National Rifle Association along with a Putin-connected oligarch.

We're joined today by former federal prosecutor MICHAEL J. STERN who explains how Mueller's Friday indictment of Russian military operatives was filed and written in a way that suggests there are more such indictments to come, particularly of Americans. Stern describes, from a prosecutorial perspective, how and why investigators working on sprawling conspiracy cases tend to work their way up from lower-level aspects of the case, toward their main targets, while trying not to prematurely tip their hand or reveal evidence they hope to keep under wraps before the later indictments.

He details how Mueller's Friday charges of the Russian military officials (and a number of Russian social-media scam artists earlier this year), serve to buy time for the Special Counsel probe, while establishing an understanding among the public for the larger crimes being investigated --- before other "shoes" are ultimately dropped.

"He was essentially allowed to have his cake and eat it, too. He was able to set forth the indictment and charge the Russian members of the conspiracy. But, because they're not in the United States and the likelihood of them being extradited at all is slim, he's able to continue his investigation without the pressure of having to deal with those defendants making appearances in court, etc," Stern tells me. "It's my sense of things that there was a calculation, a strategy on his part in doing that."

"There's a process, I think, that Mueller is going through to get, not only members of Congress, but more importantly, the public, to understand that what has been alleged --- the Russian interference with the 2016 presidential election --- has actually occurred," he argues. "Mueller knows exactly where he is going, and that what he's doing is dropping bread crumbs until he gets to the loaf of bread, which, I believe, will include Americans."

Finally today, Desi Doyen joins us for the latest Green News Report, as summer heat, exacerbated by global warming, continues to take its toll in several different ways that folks don't often consider. That, at the same time as many who have been longtime science deniers now seem to be coming around in several different interesting ways as well...

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By Brad Friedman on 7/16/2018 6:03pm PT  

On today's BradCast: Our 'WTF?!' coverage of the remarkable joint press conference following President Donald Trump's meeting with Russian President Vladimir Putin in Helsinki, Finland. [Audio link follows below.]

It was not 72 hours following US Special Counsel Robert Mueller's indictment on Friday of 12 top Russian Military Intelligence officers on 11 felony indictments related to hacking into and stealing DNC and Hillary Clinton campaign emails and releasing them to the world, in an alleged attempt to manipulate the 2016 Presidential election, when Trump tweeted: "Our relationship with Russia has NEVER been worse thanks to many years of U.S. foolishness and stupidity and now, the Rigged Witch Hunt!"

Hours later he held his one-on-one summit with Putin in Helsinki before going on to hold a remarkable press conference in which, essentially, the President of the United States took Russia's side in the matter on virtually every point. In the bargain, he also attacked the FBI, the DNC and other Americans, as he stood next to the Russian President, taking his side against his own intelligence agencies.

On one point, however, they differed. Trump asserted Putin had told him he was not involved in interference in the 2016 Presidential election and he didn't "see any reason why" he would have been. But, when asked directly by a reporter if he "direct[ed] any...officials" to help Trump, who he says he supported over Clinton, Putin admitted, "Yes, I did."

Nonetheless, Trump failed to demand an explanation for any of the exceedingly detailed allegations contained in Mueller's Friday indictments when directly asked by media, choosing instead to return to strange, and largely disproven assertions regarding Democrats, the DNC server, Hillary Clinton's emails, his claims of "no collusion" with Russia and his great electoral college victory (which he also lied about.) Neither did he condemn Russia or its President in any way. We have clips from several of those answers during today's presser and reaction to it --- much of it gobsmacked --- from media, Democrats, former top intelligence officials, and even a number of Republicans, including at least one Fox "News" host who, on air, just after the news conference, condemned Trump's behavior as "disgusting".

Then, we open up the phone lines to callers --- who have a number of diverse opinions --- on all of the above, even as most of the same U.S. electoral vulnerabilities said to have been exploited by Russia in 2016, remain equally as vulnerable just months before our crucial 2018 midterm elections...

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Guests: SC GOP activist Frank Heindel and attorney Larry Schwartzol; Also: New Senate bill finally calls for HAND-MARKED paper ballots...
By Brad Friedman on 7/13/2018 6:44pm PT  

Today on The BradCast: On the eve of Donald Trump's scheduled Monday summit with Russian President Vladimir Putin, Dept. of Justice Special Counsel Robert Mueller brought eleven new felony charges against twelve Russian military intelligence officials on Friday. They were charged with various crimes related to cyber-interference in the 2016 Presidential election. And, a bi-partisan federal lawsuit is filed in South Carolina in hopes of finally terminating the state's easily-hacked, repeatedly-failed, 100% unverifiable voting system. [Audio link to show follows at end of article.]

The Russian military officials cited in today's indictment [PDF] relates to hacking into and stealing documents from the DNC and the Hillary Clinton campaign, and releasing them to the public in hopes of manipulating the election. The charges also relate to attacks against state and county election officials and a voter registration company where email spearphishing schemes are said to have implanted malware onto the computer networks in question.

The new indictment does not allege any Americans knew of the hacking scheme detailed by Mueller, though it notes that Trump's public July 2016 call for Russia to find and release "missing" personal Hillary Clinton emails was followed by attacks, "for the first time", on an Internet domain used by her personal office.

While the filing details at least one state voter registration system where some 500,000 private records were accessed, it does not allege that voting results were manipulated (although the DHS admitted last year they never examined either ballots or voting systems.) During Deputy Attorney General Rod Rosenstein's announcement of the new charges, he also excoriated partisan and media speculation regarding the probe, as well as attacks (presumably by Congressional GOPers and Trump) on the FBI itself.

Meanwhile, much media coverage was given on Thursday to the insanely chaotic ten-hour long U.S. House hearing featuring testimony by Peter Strzok, the top FBI counter-intelligence specialist who initially led the investigation into Russian interference back in 2016. At the same time, a hearing in the U.S. Senate this week on safeguarding our election infrastructure received little or not coverage. Today, we try to correct that a bit, with some of the testimony offered by Sen. Ron Wyden (D-OR), sponsor of a new election reform bill in the Senate --- the Protecting American Votes and Elections (PAVE) Act --- which is the only one that would require a HAND-MARKED paper ballot for every voter in the U.S. His testimony calls out ES&S, the nation's largest computer voting system vendor, for failing to show up for the hearing or answer any of his basic cyber-security questions he's sent to the company over the past year.

Then, after more than a decade of failed elections on the 100% unverifiable ES&S iVotronic touch-screen voting systems used across the state of South Carolina --- including the still-remarkable and still-unexplained story of Alvin Greene, the completely unknown, unemployed man who somehow managed to win the state's 2010 Democratic U.S. Senate primary without campaigning at all, against a longtime, well-known state legislator and circuit court judge --- a lawsuit was filed this week in federal court to force the state to offer a secure system to voters.

The complaint [PDF] was filed on behalf of two plaintiffs. One, a former eight-term Democratic state legislator, the other a longtime Republican Freedom of Information Act champion and election critic in the Palmetto State. The Republican plaintiff, FRANK HEINDEL, and attorney LARRY SCHWARTZTOL, of the non-partisan, non-profit ProtectDemocracy.org, join me to explain the lawsuit, Heindel's years of work attempting to oversee state elections (and their accompanying disasters), and whether the new complaint might make any difference in the state before this year's crucial 2018 midterms.

"I've just always been skeptical of the 'black box' mentality where you go in and you just trust the machine, and there's no way to verify the results," Heindel explains. "I've just never really trusted that system. I've tried to push us towards a more paper-based way to vote, and it's taken many years here, but I'm starting to get a little optimistic that the worm has turned and we're going to make some progress."

"You need a system where the winner knows that he won, the loser knows that he lost, and everybody knows that their votes were cast and counted directly. We don't have that today," he tells me. The longtime businessman has spent the last decade or more filing some 47 FOIA requests attempting to personally investigate election results and related problems in the state. (We've been following Heindel's efforts for years. You can watch part of Dan Rather's 2010 report on Heindel, right here.)

The longtime litigator Schwartztol, for his part, explains: "What we're arguing for in the lawsuit is to replace that system with one that meets basic, common-sense principles. Secure in its basic architecture against cyber-attacks. The main way to do that, most people agree, is a pretty simple one. And that's building a system around paper ballots, that can be verified, that can be audited, that can be the subject of a recount if that's necessary."

"What we describe in the lawsuit is a voting system that contains unnecessary vulnerabilities and that is not sufficiently reliable to do the work," he adds. "The work of ensuring that votes are accurately recorded and counted."

He lauds the state's election commission chair, Marci Andino (one of the suits defendants), for stating her desire to move to a new system, but is critical of the claim that it would require $50 million to do so. A paper ballot system he says, citing a recent report from NYU's Brennan Center for Justice, would cost much less. He also tells me that one of the solutions they hope to pursue in the case, potentially before November, is the use of the state's absentee paper ballot system that could be used for all voters this year.

"You saw today where Rosenstein was saying that the Russians had sent phishing emails to various state and county folks," notes Heindel. "Our county election people, they're hard-working and they mean well, but I can get tricked on a phishing email. The idea that we have state and county election people that are trying to fend off sophisticated attacks from foreign adversaries, it's crucial that we get our arms around this thing, and get to paper sooner rather than later."

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Also: Listeners respond to Dem plan to block Kavanaugh at SCOTUS...
By Brad Friedman on 7/12/2018 5:42pm PT  

On today's BradCast, let's join the President and pretend that he's been victorious once again! Or, let's discuss the reality of the havoc being wrought by both him and the party that supports him as they go even farther off the deep-end and hope to take everybody else with them. [Audio link to show is posted below.]

Among the stories covered on today's broadcast, as we continue to counter the madness with actual, independently verifiable facts...

  • Trump wreaks absolute havoc at the NATO summit in Brussels, makes ridiculous demands that lead to an emergency meeting of our allies, and then declares he's fixed it all. He hasn't. But, let's pretend, as he claimed, that NATO is now a "fine-tuned machine". (Does that claim ring a bell?) We offer a fact-check on Trump's actual ridiculous claims and the realities behind them;
  • Back at home, Trump-fueled chaos similarly breaks out at a joint hearing of the U.S. House Oversight and Judiciary Committees during public testimony by longtime top FBI counter-intelligence official Peter Strzok, whose private text messages to his girlfriend, another FBI agent, have been cause for Trump, the GOP and rightwing media to pretend that Special Counsel Robert Mueller's investigation was somehow part of a long "deep state" plot by the FBI to prevent Trump from being elected. Except he was elected. (Some plot!) And Mueller's probe has since resulted in dozens of indictments and guilty pleas from many top Trump campaign and White House officials. But we can keep pretending; In some remarkable audio from the insane hearing in the House today today, Strzok strikes back and helps reveal the Republican House witch-hunt against the Special Counsel for much of what it really is.
  • Speaking of reality, new data out from the U.S. Bureau of Labor Statistics and elsewhere reveals that not only have the Trump/GOP tax cuts from last December not resulted in increased pay for the "forgotten men and women" of the middle-class, as they'd promised, but workers are now actually making less than they did before the massive, deficit-blowing cuts which have resulted only in record profits for corporations and the already-wealthy;
  • And, finally, Desi Doyen joins us for the latest Green News Report with more on the existential threat Kavanaugh's seating poses to the environment, how a major oil company CEO is calling for a speed-up of the transition to electric vehicles, and how a world full of poo just might save itself...

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Guest: The Intercept's Ryan Grim on Senate Dem hopes of derailing Brett Kavanaugh; Also: The Administration's trade wars, new attacks on 'ObamaCare' keep undermining GOP voters...
By Brad Friedman on 7/11/2018 6:41pm PT  

On today's BradCast, Donald Trump's trail of destruction continues to spread, as Senate Democrats fumble for a strategy to oppose his new U.S. Supreme Court nominee. [Audio link to show follows below.]

First up, the President of the United States attacked Germany in advance of today's NATO summit in Brussels, charging one of our top European allies is "totally controlled by" and "a captive of Russia". Setting diplomatic failures and ironies aside, even worse destruction continues to be waged on Americans back home.

Trump's Administration escalated his trade war with China this week, announcing plans for another $200 billion in tariffs (taxes on the American people) on imported products, after China's dollar-for-dollar retaliation against Trump's previous round of tariffs on $34 billion in imported goods. The damage from that war is already being felt on the U.S. economy, particularly on farmers in Midwestern states, where sales have been plummeting for weeks after China stopped purchasing U.S. soy beans and other agricultural goods in response. BMW, the leading auto-exporter in the U.S., has now announced that new tariffs against China are leading the company to raise prices on SUVs, and move some of their manufacturing in South Carolina (and the jobs that go with it) out of the country --- to China. Vice-President Mike Pence is being dispatched this week to Midwestern states to try and convince GOP donors to stick with the party, despite the damage being done to those voters and companies in "red" states who had supported Trump.

As that self-destruction plays out, the Administration continues its pointless and cruel attacks on the Affordable Care Act (ObamaCare), even though those hurt by several newly announced cuts and refusals to make billions in legally-required payments to insurance companies (paid for by other insurance companies, not by tax-payers) --- as announced over the long holiday weekend, so few would notice --- serve to hurt mostly those who don't receive their healthcare via Obama's 2010 law. The new cuts and blocked payments, according to industry experts, will end up costing both consumers and the federal government itself much more money in the bargain, as premiums will now likely skyrocket again in 2019 and subsidy payments by the Government under the Affordable Care Act will be forced to rise along with them.

Then, we're joined by The Intercept's D.C. Bureau Chief RYAN GRIM to discuss the less-than-inspiring effort, so far, by Senate Minority Leader Chuck Schumer to unify his Democratic caucus against Trump's second U.S. Supreme Court nominee, Judge Brett Kavanaugh. Schumer is encouraging Americans to call their Senators in opposition to Kavanaugh, and Ryan reports that he is warning colleagues they face a serious backlash from their base voters if they fail to put up a brutal fight against the nominee's confirmation.

Nonetheless, Ryan's sources also suggest that Schumer's leadership on this critical issue (and others) is lacking, to put it nicely. He tells me that Schumer has determined, based on polling and the Dems' failed effort to block Neil Gorsuch, Trump's first nominee last year, that the opposition effort must focus on policy issues relating to Kavanaugh's record and the direct threat he poses to a host of hard-won Constitutional rights and statutes at SCOTUS. That, instead of a fierce procedural fight in response to the GOP's theft of the Court majority when they refused, in 2016, to vote on --- or even meet with --- President Obama's nominee to the court, Merrick Garland, for an entire year.

"He saw a lot of polling that was quite conclusive that the argument about substance was going to be the one that won out over the one over process," says Ryan.

That said, we discuss a number of options that Democrats could still pursue to block the nomination against the Republicans very thin Senate majority, including attempts to deny quorums in the Senate Judiciary Committee during Kavanaugh's confirmation hearings and/or walking out of the Capitol to deny a Constitutionally-required quorum to prevent a floor vote entirely before the November midterms. Ryan tells me that both options have been and are still being considered by some Democrats, while going on to explain some of the considerable risks those options pose and why Schumer is said to be shying away from such hardball tactics.

"It is something that has risen to the level of leadership conversations, but as of now, it's Schumer's opinion that can't be done," he tells me, adding: "I don't think anybody knows what the best path forward is. It's definitely something that's being considered. And the more attention there is to that strategy and the more pressure there is, then the more energized Senate Democrats are. So it's worth talking about, at a minimum."

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Guest: Slate legal reporter Mark Joseph Stern on Judge Brett Kavanaugh, the Constitutional rights he is likely to help overturn, and his background as a Federalist Society-trained party 'apparatchik'...
By Brad Friedman on 7/10/2018 5:41pm PT  

Democrats, abortion rights activists, environmentalists and civil libertarians, among others, are beginning to marshal their forces in opposition to Donald Trump's pick to replace Justice Anthony Kennedy on the U.S. Supreme Court. But that fight will be an uphill battle with unapologetic Senate Republicans who blocked President Obama's pick for the court for nearly a year, now promising a vote before this November's midterms while they still enjoy the slimmest of majorities in the U.S. Senate.

On today's BradCast [audio file to show linked below], we look at the legal history and political background of Trump's nominee for the post, Judge Brett Kavanaugh of the U.S. Court of Appeals for the DC Circuit. We're joined for that conversation by Slate's great legal reporter MARK JOSEPH STERN, who has been covering all things SCOTUS for us of late.

Stern counters, among other things, Trump's assertion during his Monday night announcement that Kavanaugh is a "thought leader" and "brilliant jurist". He details how the 53-year old federal appeals court judge uses cookie-cutter legal phrases to describe his "judicial philosophy", as crafted for him by the right-wing Federalist Society and Heritage Foundation. Those phrases --- "A judge must be independent and must interpret the law, not make the law. A judge must interpret statutes as written. And a judge must interpret the Constitution as written." --- betray his years of dedication not to individual liberties or laws or the Constitution, but in service to the cause of GOP politics.

"He's doing what Neil Gorsuch did," Stern tells me, "which is to spew out these lines which sound good, if you're not very attuned to legal argot. But what they really mean is 'I'm going to do whatever the hell I want, and I'm going to ascribe this pretextual, orginalist, textualist gleam to it in order to make it seem like I'm maintaining my independence and not just doing favors for Republicans.'"

Stern cites, as evidence, a number of Kavanaugh's rulings on the DC Circuit Court, his service on the Ken Starr commission in the 1990s (which led to the impeachment of President Bill Clinton), and his years as loyal White House legal counsel during the George W. Bush Administration. "He is a party man. Brett Kavanaugh is a Republican. He has been a Republican foot soldier in virtually every major Republican legal battle of modern times. He has served that role in his capacity as a judge on the DC Circuit to a 'T'."

We discuss Kavanaugh's road-map for overturning Roe v. Wade's nationwide Constitutional right to an abortion, as he laid out himself in his 2017 opinions attempting to block a lawful abortion sought by a 17-year old undocumented immigrant detained by the Trump Administration. But abortion is hardly the only hard-won right that will be, almost immediately, imperiled if Democrats are unable to block Kavanaugh's confirmation to what will become a very hard right-wing Court with his seating. Key environmental rulings are likely to be overturned, Stern argues, as well as those regarding voting rights, privacy rights, and many others.

Stern also explains why he remains very dubious, at best, that either Maine's Republican Senator Susan Collins or Alaska's Lisa Murkowski will break from their party to vote against Trump's nominee (Collins, he explains, is "not widely known for having a spine" and Murkowski, so far, has shown little sign of having one either) and why, if confirmed, Kavanaugh could decide to blow up years of precedent by refusing to recuse himself from SCOTUS appeals to cases that he has previously heard as a member of the DC Circuit Court.

There is one --- and, really, only one --- thin thread of potentially encouraging news regarding Kavanaugh's nomination. That can be found in his 2009 law review article on whether sitting Presidents may be indicted or face other criminal and civil legal actions. Kavanaugh's written comments on the matter, as we discuss, may, in fact, serve to argue the opposite of what a number of his opponents have been (mis)reporting regarding those remarks. In fact, Kavanaugh's argument suggests a sitting President can, in fact, be indicted under both current law and the U.S. Constitution, for civil and criminal matters alike.

Finally today, we're joined by Desi Doyen for the latest Green News Report and much more related to it, including the early response from environmentalists on Trump's SCOTUS pick, how the recent record-smashing heatwaves we've seen from coast to coast over the past week could become much worse very soon, and how this year's hurricane season has already turned deadly from the Atlantic to the Pacific...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Plastic straws, straw polls, final straws, some actual good voting news, RIP Ed Schultz, and a bunch of listener calls...
By Brad Friedman on 7/9/2018 5:57pm PT  

A whole lotta stuff happened over the long holiday weekend, much of which the Trump Administration hopes you don't notice at all. We try help you notice them on today's BradCast. [Audio link to full show is posted below.]

But we start with some of the very few bits of good news we could find, as November's elections --- and our only hope --- loom large. First up: A petition drive in Michigan to place a host of election reforms on the ballot appears to have been successful. With 430,000 signatures submitted (far more than the 316,000 required), it looks like Michiganders will be able to vote for automatic voter registration, same-day registration, no-fault absentee voting and much more this Fall.

In Kansas, following a trial and federal court order, Kris Kobach, the state's embarrassing Sec. of State, has finally added some 25,000 voters to the rolls who had been denied access for lack of "Proof of Citizenship" documents. The court struck down the state law requiring the documentation as unconstitutional after Kobach monumentally failed in his defense of the law during the recent trial on behalf of voters who had challenged it. That hasn't stopped the GOP's top "voter fraud" fraudster, however, from claiming --- you guessed it --- fraud during a recent GOP straw poll in advance of the August primary in the state, where Kobach hopes to win the Republican nomination for Governor. (He lost the straw poll to Republican Gov. Jeff Colyer...by a lot.)

In other (largely) good news, Starbucks says they plan to do away with plastic straws to help save the planet (and comply with local governments who are banning them.)

Then, to the much less good news, as all-time heat records were shattered, by double-digits, here in Southern California over the holiday. Though the wildly corrupt fossil-fueled tool Scott Pruitt was finally forced to resign over the holiday weekend as chief of the Environmental Protection Agency (his resignation letter is amazingly creepy!), his second-in-command, Andrew Wheeler, an actual coal industry lobbyist, will now take over the EPA.

Also in recent days, two issues that Trump claims to have fixed (which he broke in the first place), have proven not to have been fixed at all. Despite Sec. of State Mike Pompeo describing recent "denuclearization" talks with North Korea as "productive", the North's Foreign Ministry characterized the U.S. attitude at negotiations as "gangster-like" and "cancerous" just after he left. That, after Donald Trump recently declared: "There is no longer a Nuclear Threat from North Korea".

And, the chaos continues as the Administration is reportedly nowhere near being able to reunite some 3,000 children with their parents, as required by a federal court order and deadlines, after they were separated at the southern border by Trump's immigration goons. That, after identification documents for many of the children were reportedly lost or destroyed, and despite Trump signing an Executive Order two weeks ago which he said would solve the tragic separations that he caused in the first place.

Finally today --- along with a ton of phone calls from listeners on all of the above and much more throughout today's show --- a few words, and some personal remembrances, on the sad passing last week of progressive radio and television broadcaster, and workers' champion, Ed Schultz...

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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