You'll be delighted to know that we've got a (mostly) non-Trump related election story for you on today's BradCast, and a guest here to discuss it! Though we've got a few Trump related stories we have to get to first. Sorry. [Audio link for complete show follows this summary.]
Among our coverage today...
- Donald Trump has "plainly violat[ed] the First Amendment," according to an announcement last night from the Associated Press. The notice was in response to the White House blocking the 178-year old nonpartisan global news outlet from the President's Oval Office signing of an Executive Order with self-proclaimed "free speech absolutist" Elon Musk, giving him and his DOGE Bros government-wide control of the hiring and firing of all federal workers at all federal agencies other than the Defense Dept. AP's punishment was because Trump doesn't like the way the AP Style Guide refers to the Gulf of Mexico after he declared that it should be called the Gulf of America. The White House affront to First Amendment free speech and free press rights echoes former Fox 'News' host turned Defense Secretary Pete Hegseth's order last month to remove a number of well-established news outlets, such as New York Times, Washington Post, NPR and NBC News, from offices they've occupied for decades at the Pentagon. Rightwing MAGA "news" outlets will be given those spaces instead.
- Free speech doesn't fare any better under Trump, even when it comes from independent federal government Inspectors General. On Tuesday, after the IG at the U.S. Agency for International Development (USAID) issued a 6-page report [PDF] critical of the Administration's pause of all agency activities, Trump fired him. The report found that the attempted Trump/Musk/DOGE shutdown of largely all of USAID's critical foreign aid work around the globe and evacuation of thousands of overseas workers would result in, among other things, hundreds of millions of dollars of already-shipped food for starving people rotting in ports; life-saving medicine for deadly diseases remaining in warehouses unused; and "inadvertently funding entities or salaries of individuals associated with U.S.-designated terrorist organizations.” Obviously, that guy had to go!
- The latest Inspector General firing came the day before 8 of at least 17 IGs fired in Trump's first week, in pretty clear violation of the Inspector General Act of 2022, filed a lawsuit today in the U.S. District Court in D.C., challenging their unlawful "purported removals". The 32-page complaint [PDF] charges, among other things, that these IGs, with decades of experience between them, "have been sent a message that non-partisanship and truth-telling will not be tolerated. That message will have the effect of intimidating the [inspector general] workforce and thus chill their critical work for the American people."
THEN... It's on to the last unsettled race of 2024.
While Trump won the narrowly divided swing state of North Carolina last year, Democrats won almost every other election on the statewide ballot, from Governor to Attorney General, etc. Their candidate for the state Supreme Court, current Justice Allison Riggs, defeated her Republican challenger Judge Jefferson Griffin by just 734 votes out of 5.5 million cast statewide. That narrow result was certified by the State Board of Elections after a post-election canvass, audit and two recounts requested by Griffin.
But Griffin is still challenging the result in state court, arguing that some 66,000 early and mail-in ballots cast by North Carolinians should be tossed out because some registrations lacked drivers license or social security numbers (even though many of those cases were due to database clerical errors on the part of officials, not registrants, or were created before the law required that information); other challenged ballots come from military and oversees voters without copies of Photo IDs included in the mailing (which Griffin maintains is now required under the state's new polling place Photo ID restrictions); or were cast by U.S. citizens who never lived in the U.S. (even though they were born to U.S. citizen parents and have always been allowed to vote).
Griffin is hoping to defy state election officials with a friendly ruling from the state Supreme Court, which has a 5 to 2 Republican advantage --- or 5 to 1, since Riggs has recused herself from this case. Riggs, on the other hand, is seeking relief in federal court, where federal law would almost certainly block the tossing of 66,000 ballots from voters who followed the rules for the election.
To try and make sense of this absurd mess, we're joined today by DEBRA DICKS MAXWELL, President of the North Carolina state chapter of the NAACP. Last week, Maxwell wrote an op-ed pointing out that minorities and young voters are disproportionately disqualified in Griffin's list of ballots that he wants to toss. She noted that he is seeking an unprecedented "do-over" election, even though countless races in state history have been proven by courts to have violated the rights of voters, particularly when it comes to gerrymandered elections found to have been conducted with Congressional districts that violated the Constitution and Voting Rights Act both before and after the elections were run.
"We at the NAACP North Carolina State Conference have never been granted any relief like that, even in cases where we proved that Black voters’ rights were violated," she tells me. "They did not enjoy a 'do-over' because of the gerrymandering by the General Assembly, stacking and packing Black votes into fewer districts [so] there was less representation for people of color at the legislative level. That did not change."
"Judge Griffin is refusing to concede and accept [the results] since he has friends on the North Carolina State Supreme Court," she argues. "Judge Griffin should concede. But because he feels that the results don't matter, 'what I want matters', that is sending the wrong message to thousands of voters, not only in this state but across the country."
If Griffin receives a new election, Maxwell warns, "that would send seismic waves through this county, this state, and even through the country to ask for a do-over." Among other things, she asserts, it would decrease voter participation in future elections when people wonder "'Why should I vote when they are just going to call it how they want it?' Especially as we are gathering thousands of those people who are on that 60,000 list. One of my chairs in the NAACP told me, 'I'm on that list!' We know people who are on there. They are very upset."
Maxwell also explains that the state NAACP is currently "winning on results of a federal [Photo] ID case" filed last May. "It is February and we are still waiting on the outcome." But, if they win the case, she says, it doesn't mean that last year's elections will receive a "do-over"...
(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)
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