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Latest Featured Reports | Sunday, May 1, 2016
Sneaky SCOTUS, Sad Establishment, & What The World Says About Trump!: 'BradCast' 4/29/16
Guest hosts Danielle and Shane-o are joined by John Nichols of The Nation!...
AZ Primary Lawsuit Dismissed; 'Disappearing' Votes in DE?: 'BradCast' 4/28/16
Emily Levy on court ruling against Phoenix election complaint; DE State Election Commissioner on 4,000 'lost' Sanders votes...
'Green News Report' 4/28/16
  w/ Brad & Desi
Trump goes nuclear over climate; CNN fossil fuel ads beat climate stories; VW docs reveal test fraud; Mitsubishi cheated fuel tests; PLUS: US city mandates solar for new buildings...
Previous GNRs: 4/21/16 - 4/26/16 - Archives...
Primary Landslides for Trump and Clinton and What's Next: 'BradCast' 4/27/16
Also: 'Serial child molester' Hastert sentenced; Encouraging green news; And listener calls...
Blowback in NC, Calls for Hand-Counts in NY:
'BradCast' 4/26/16
GOP operative turned gay rights activist Fred Karger on GOP anti-LGBT lawss; Why voters should support hand-count of NY Primary...
'Green News Report' 4/26/16
30 years after Chernobyl, efforts to contain it; Record signing of Paris Agreement; World Bank calls for global carbon price; PLUS: Solar plane halfway round world...
Cruz, Kasich Join Forces and Some News That Actually Matters: 'BradCast' 4/25/16
Amanda Marcotte on new GOP 'conspiracy'; Plus: Paris Agreement; Mass shooting weekend; Thinking big...
Sunday Toons of the Moment
An 'unplanned' Pulitzer winner and a whole bunch of other worthy toons from the past week, as collected by 'PDiddie'...
'Gyrocopter Guy' Loses Voting Rights Protesting Elections: 'BradCast' 4/22/16
Guest Doug Hughes will go to jail, has 'no regrets'; Also: Former felons re-enfranchised in VA; NY election official suspended for purge...
Time to Open Our Nomination System to All Voters?: 'BradCast' 4/21/16
John Opdycke on 'Open Primaries'; Also: Prince dead at 57; 'Outrage' over Tubman; Paper ballots return to MD...
'Green News Report' 4/21/16
Criminal charges in Flint; BP victims protest new leases; Mexican oil facility explosion kills 3; U.S. air pollution; PLUS: World leaders to sign Paris Agreement...
NATIONWIDE STUDY FINDS ALMOST NO VOTER FRAUD
Just 10 cases of in-person impersonation in all 50 states since 2000...
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: Historian Ben Railton of Fitchburg State University...
By Brad Friedman on 10/2/2015 5:58pm PT  

In the wake of the horrific mass shooting in Oregon on Thursday, President Obama asked Americans to address the epidemic of mass shootings, in part, by turning to the ballot box. We concur. And we've got a great idea about who to vote out of office first on today's BradCast!

Then: Are Muslims the new Catholics? Ben Railton, Associate Professor of English and American Studies at Fitchburg State University, joins us to discuss the historical parallels he recently documented at Talking Points Memo, between centuries of anti-Catholic sentiment in the U.S. and today's similarly toxic political rhetoric regarding Muslims.

2016 GOP Presidential candidate Ben Carson's recent assertions that a Muslim must "renounce Islam" before he'd consider them qualified to be President of the United States is just one example that echoes a similar sentiment about Catholics earlier in this country's history.

"It can seem like something 19th century, something really distant, but as recently as half a century ago, there was a pretty sustained debate in our mainstream political media, our body politic" Railton tells me, "of the genuine concern on behalf of many that any Catholic --- including John F. Kennedy, the candidate for President --- would owe a first allegiance not to anything within the United States, not to America, not to the American government or the American people, but to that entity, that foreign scary place, the Vatican and the Pope and the Catholic Church."

"Many of the fears that are directed at Muslim-Americans and Muslim communities are directed at the idea of these communities and their customs and beliefs, themselves representing an internal threat," he explains, while going on to remind us that, even with a well-established Muslim community in the U.S. at its founding ("We have Muslim-American communities going back to the Revolutionary Era...so fears of religious 'others' do date back to the very beginning"), this country's Constitutional framers determined there would be no religious test for the highest office in the land.

Railton's message is ultimately a very an encouraging one --- we have, it seems, finally moved beyond our fear of a Papal takeover in this country, after all, so we are likely to do the same with Muslims --- but is that historic comparison an appropriate analogue given the threat so many feel of an actual hostile takeover by Islamic extremists? We discuss.

Finally today, as ironic as it might be, the best news of all may well come from Desi Doyen and our latest Green News Report. How often does that happen?!...

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

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Guest: Matthew Menendez of Brennan Center for Justice
Plus: Rain in L.A.; Rightwing Aussie PM ousted; GOPers for climate action; Liberty U. students respond to Sanders...
By Brad Friedman on 9/15/2015 5:16pm PT  

On today's BradCast: The most incredible, embarrassing nonsense you may not have even heard about is going on in the otherwise great state of Kansas, thanks to their extremist rightwing Republican legislature and Governor Sam Brownback.

But, first, it rained in Los Angeles today! Yes, amidst a record 500-year drought, rain actually counts as news these days. I explain, along with Desi Doyen who was also there to witness it. (Oh, and here's that harrowing fire footage we described in today's show.)

As if that's not crazy enough, a group of House Republicans are introducing a resolution that calls for climate action in advance of Pope Francis' visit next week and historic address to Congress, in which he is expected to make the case for taking action to curb global warming (and, also, in favor of the Iran peace deal.)

And that's not the only good news today. Australia's crazy rightwing Prime Minister Tony Abbott was ousted last night in a late night coup by his own party, paving the way for a new Prime Minister who actually believes in stuff like climate change and marriage equality!

But then, of course, our main topic today: More on what the hell is the matter with Kansas. Brennan Center for Justice's Democracy Program attorney Matthew Menendez joins us for an update on the cases he (and a number of other groups) have filed against Brownback on the heels of legislation the Governor signed that would defund the entire state Judiciary system if the courts have the temerity to strike down Brownback's legislation concerning education funding and restructuring (rigging) the judiciary.

"What they passed says if the outcome in a particular lawsuit came out a particular way, then the entire judicial appropriations was no longer valid," Menendez explains. Well, guess what? The court has just found against the state! So, now what?

"This is very troubling," Menendez tells me, detailing how the plaintiffs have been forced to seek a stay on the court's ruling (in their favor!) in order to keep the GOP law from kicking in and defunding the entire court! "In America, where we firmly believe --- or profess to --- in separation of powers, it's essential that judicial salaries not be threatened if legislators disagree with one of their rulings."

So much for the "conservative" belief in the Constitution's co-equal branches of government. Menendez tells me what has just happened in KS, where the cases are now, and what is expected to happen next in what he says could turn into "just a complete constitutional crisis."

Finally, on yesterday's program we played some of 2016 Democratic Presidential candidate Bernie Sanders' remarks at Jerry Falwell's Liberty University as he attempted to reach out and find common ground with some of the 12,000 "conservative" students in attendance. Today, we hear from some of those students as they react to Sanders' speech. Suffice to say, reaching out to those who think they don't agree with you may be a very wise thing to do in today's divided and divisive media world.

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

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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More than 600,000 lawfully registered voters will be disenfranchised during 2015-2016 elections unless the 5th Circuit Court promptly acts...
By Ernest A. Canning on 9/9/2015 1:43pm PT  

Early last month, a three-judge, U.S. 5th Circuit Court of Appeal panel affirmed the lower District Court's finding that Texas' draconian polling place Photo ID restriction (SB14), which threatens to disenfranchise 608,470 legally registered voters (and many others not already registered), violates federal law.

That ruling marked the third occasion in which a federal court has expressly found that the TX Republicans' strict ID law disparately impacted minorities and the poor. "Hispanic registered voters and Black registered voters," the 5th Circuit appellate panel observed in their recent ruling, "were respectively 195% and 305% more likely than their Anglo peers to lack [the requisite Photo] ID" now required to cast a vote at the polls under SB 14.

While the ruling ostensibly struck down SB14, finding it in violation of Section 2 of the Voting Rights Act (VRA), as we have previously explained, those 600k+ lawfully registered voters remain at risk of disenfranchisement during this Fall's 2015 elections and the 2016 Presidential cycle because the appellate panel failed to lift an "emergency" stay of the District Court's original permanent injunction intended to prevent enforcement of an unlawful Photo ID statute.

The failure of the appellate court to lift the stay on the lower court's no-uncertain-terms ruling may not have been problematic if, as contemplated by the 5th Circuit decision's mandate, the case were to be promptly returned to the District Court, which it directed to re-examine a separate issue --- whether the TX Legislature had a "discriminatory purpose" when it enacted SB14. That prompt remand would have permitted the District Court to fashion an interim remedy. Indeed, in its decision, the appellate panel suggested that the District Court issue an order directing TX to accept valid voter registration cards, in lieu of a very narrow handful of state-approved Photo ID, for all voting-related purposes. The 5th Circuit panel also, perhaps somewhat naively, called upon TX to cooperate in the prompt fashioning of that remedy.

Oh, that silly 5th Circuit panel...

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




Guest: Author and Harvard Health Policy Professor Dr. David Hemenway...
By Brad Friedman on 9/8/2015 5:28pm PT  

As noted at the top of today's BradCast, our show changed about five different times right up until air, as we attempted to keep up with busy news events on the ground following the Labor Day weekend.

First up, Kim Davis, the Rowan County, Kentucky Clerk who was jailed before the weekend after defying court orders to issue marriage licenses was released [PDF] by the Federal Judge who had found her in contempt last week. Waiting for her with a hero's welcome was a crowd of hundreds fomented by former Arkansas Governor turned GOP Presidential candidate turned Fox 'News' host turned GOP Presidential candidate again turned desperately disingenuous opportunist Mike Huckabee.

But what Huckabee failed to note in his defense of Davis --- as do most of the media covering what's going on down there --- is that Davis was sent to jail not for refusing to defy her own conscience as her supporters claim, but for refusing to allow others who disagreed with her in her own office from acting and following their own conscience...not to mention the rule of law and the U.S. Constitution.

Next up today: As the carnage of gun violence continues from coat to coast following the recent, live on-air shootings in Roanoke, Virginia (include another mass shooting at a school here in California and the critical injury of one of New York Gov. Andrew Cuomo's top legal staffers), we speak to author David Hemenway about solutions, as detailed in his book Private Guns, Public Health.

"People from around the world come and they just cannot understand why the United States allows this to happen --- compared to all the other first world countries and high income countries --- that we are allowing so many Americans to be killed," Hemenway tells me while explaining how our epidemic of gun violence must be regarded as an issue of public health. "First we have to admit we have a problem, and the numbers are just overwhelming."

While he concedes that, no matter what we do, "we are going to have lots and lots of guns in the Unites States," they can and should be made safer. "One of the analogies we make in public health is in the motor vehicle area," Hemenway explains. "Fatalities per mile driven in the United States have fallen over 85% because the cars are so much better, and the roads are so much better. Yes, we ought to look at the individuals [perpetrating the violence] but we can do so much more, so much more cost-effectively, if we also look at the system. Let's make a system where it's hard to make errors, hard to behave inappropriately, and then when still some people do, let's make it that nobody dies."

"For example, we'd like manufacturers to do a better job about making child-proof guns --- which they made 100 years ago --- to make it harder for kids to unintentionally kill themselves. We can say 'You know, it's the kid's fault, it's the parent's fault, it's somebody's fault fault fault,' or we can solve the problem, which is make it so that when you take out the magazine the gun won't fire. It's not rocket science."

Hemenway, Professor of Health Policy and Director of the Harvard Injury Control Research Center, offers other common sense solutions, including the need for better data collection, currently made scarce by both legislation and intimidation by gun proponents. "Whenever there's a motor vehicle death, we get 150 pieces of information collected consistently and comparably. We want to get good data on the number of guns in households in each state, but the Center for Disease Control is afraid to ask questions about that because they'll get beaten up by Congress."

He also discusses a number of myths from opponents of gun safety laws, including the claim that women need guns to protect themselves from predators and the notion that households are safer with a gun to protect the occupants. "Only about a third of households have guns," Hemenway tells me. "And the two-thirds that don't have guns, turns out they are much, much safer than the one third that does."

Also on today's busy broadcast: Breaking news from the Freddie Gray killing in Baltimore; Breaking news on the Iran Deal from U.S. Senate Democrats; and more...

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

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Guest Joe Dunman, attorney for the couples challenging Clerk Kim Davis: 'Imagine a Muslim clerk denying licenses to Christian couples'...
By Brad Friedman on 9/1/2015 6:02pm PT  

Rowan County, Kentucky Clerk Kim Davis continues to defy federal court orders to issue marriage licenses to two gay and two straight couples. Their attorney, Joe Dunman, joins us on today's BradCast for a fascinating discussion of the case, how we got here, and where it all goes from here.

"To issue a marriage license which conflicts with God’s definition of marriage, with my name affixed to the certificate, would violate my conscience," the elected County Clerk said in a statement today following the U.S. Supreme Court's refusal yesterday to hear Davis' application for an "asylum of conscience" and her own refusal, once again today, to issue licenses.

"It is a Heaven or Hell decision," she adds. Guess which one she's choosing?

Dunman, who also represented the Kentucky couples in SCOTUS' landmark Obergefell v. Hodges case that declared marriage equality a fundamental right in all 50 states, tells me that Davis is not required to actually perform any marriages. "She's not obligated to solemnize a marriage at all. The only thing she has to do is stamp her name on the documents that are filed with the state."

"In her arguments so far, she claims that [by] putting her name on it, she is 'authorizing and blessing' those marriages." But the U.S. District Court Judge (as well as the 6th Circuit U.S. Court of Appeals and now the U.S. Supreme Court) "disagreed, and said 'look, you're just certifying that they meet the legal standards, that they're eligible for marriage licenses --- that's all you're doing. You're not blessing anything. For that reason she doesn't have a religious objection. Not to mention that there's no case law to support the idea that public officials have religious rights that trump the civil rights of other people."

"Extending her logic outward, there's really no end to what a public official could do. All they'd have to claim that they sincerely believe something, and they just do it," Dunman explains. "I want people to imagine a Muslim clerk in Kentucky denying licenses to Christian couples as they walk in the door, and whether or not people would be standing up for 'religious freedom.'"

The attorney also notes that Kentucky's Republican Gubernatorial candidate, Matt Bevin, "has come out strongly in her support" for Davis, who is actually a Democrat, "going so far as to say 'Clerks Lives Matter' during a rally in her favor."

Also on today's BradCast: Reverberations following yesterday's interview with Beth Clarkson, the Kansas statistician who believes she's found evidence of "voting machine manipulation", but is being blocked by KS Sec. of State Kris Kobach from examining the e-voting system's paper audit logs from the 2014 election.

Plus: A crazy case of "voter suppression" --- of a very bizarre sort --- in Columbia, Missouri; Alabama's plans to shut down 45 of its 49 driver's license offices (despite the state's strict Photo ID voting restriction law); and Obama makes an impassioned plea for action on climate change up in the Arctic...

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

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Standing up to the NRA after Roanoke & a horrifying U.S. gun death toll
PLUS: Denying global warming on Katrina's 10th anniversary; Trump's ugly nativism gets uglier; Good news for Dems in new poll; Marriage dead-enders in KY...
By Brad Friedman on 8/27/2015 5:53pm PT  

On the heels of yesterday's horrific on-air murders in Virginia, and as guns claim one life every 16 minutes in the U.S., the father of one of the Roanoke victims vows to stand up to the NRA and "cowards" elected to office who fail to take action to help prevent gun violence. On today's BradCast we look at the numbers, the jaw-dropping death toll in this nation, and what, if anything might ever be done about it.

For the record, as WaPo details, we've now had 247 mass shootings in the 238 days of 2015.

Also on today's busy program...

• Louisiana's Republican Governor and also-ran 2016 GOP candidate Bobby Jindal pretends [PDF] global warming had nothing do with Hurricane Katrina as Obama comes to New Orleans to commemorate the 10th anniversary of the devastating storm.

• New national poll finds Hillary Clinton, Joe Biden and, yes, Bernie Sanders would all trounce Trump and the other GOP front-runners if the election was held today...and if we had a national election...and if all voters who wanted to vote were allowed to vote...and if those votes were actually counted and counted accurately.

• Donald Trump's ugly nativism gets even uglier as the Republican establishment gets desperate.

• Kentucky dead-ender County Clerk defies still more federal court orders and denies same-sex marriage licenses --- and all marriage licenses --- in her county, under the ridiculous premise of "religious freedom".

Download MP3 or listen online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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While its recent decision upheld a lower court finding that the state's Photo ID law was discriminatory, more than 600,000 lawfully registered voters could be disenfranchised in 2016 anyway...
By Ernest A. Canning on 8/21/2015 6:35am PT  

The recent decision by a unanimous three judge panel of the U.S. 5th Circuit Court of Appeal in Veasey v. Abbott was greeted as "very good news." After all, it marked the first occasion in which a federal appellate court made an express finding that a state-enacted polling place Photo ID law violated the provisions of Section 2 of the Voting Rights Act (VRA).

The appellate panel affirmed the lower U.S. District Court's finding late last year that a Texas polling place Photo ID law (SB 14), which threatened to disenfranchise 608,470 already legally registered voters (and many others not already registered), disparately impacted minorities and the poor. "Hispanic registered voters and Black registered voters," the 5th Circuit appellate panel observed in their recent ruling, "were respectively 195% and 305% more likely than their Anglo peers to lack [the requisite Photo] ID" now required to cast a vote at the polls under the Texas law.

This was the same conservative appellate panel whose "emergency" stay of the lower court's injunction on SB 14 last year, in all likelihood, helped to facilitate the illegal disenfranchisement of as many as 600,000 lawfully registered voters during the 2014 mid-term election. That "emergency" stay was subsequently affirmed by a sharply divided Supreme Court, whose right-wing majority elevated the risk of confusion that could arise by an eleventh-hour, court-ordered change in election laws above the risk that hundreds of thousands of lawfully registered voters could be illegally disenfranchised by reason of the Texas Photo ID law. Both the 5th Circuit and the SCOTUS majority handed down that ruling, although, at that point, neither court was in a position to contest the District Court's finding that SB-14 not only violated Section 2 of the VRA but that the Photo ID statute had been enacted for a discriminatory purpose.

The SCOTUS decision last year, as The BRAD BLOG observed at the time, belied the contention made by the Supreme Court majority in Shelby County v. Holder, the 2013 case that gutted the VRA, that their destruction of Section 5 pre-clearance requirements for new election laws in states with a history of discrimination, "in no way affects the permanent, nationwide ban on racial discrimination in voting found in [Section] 2." In truth, per last year's decision, racial discrimination in voting will be allowed in those cases where a court order upholding that "ban" is issued too close to an election.

This case provided a classic example of the damage wrought by the gutting of Section 5. Prior to Shelby County, Section 5 mandated that Texas prove that its Photo ID statute woulds not have a disparate impact on minority voting rights before the Photo ID law could take effect. In 2012 a unanimous three-judge panel of the D.C. Circuit Court of Appeal refused to grant Section 5 pre-clearance to Texas' SB 14 precisely because of its disparate adverse impact upon minorities and the poor. Absent the Supreme Court's troubling decision in Shelby County neither the current, ongoing costly litigation on SB 14, nor the mass 2014 disenfranchisement would have ensued.

The new 5th Circuit panel's decision affirms that SB 14 has the effect of discriminating against racial minorities and the poor. Yet it failed to lift a stay that it imposed on a supposed "emergency" basis. Instead, it vacated the District Court's "discriminatory purpose" finding and remanded the case back to that court for further adjudication....

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




'They approached the phone companies before 9/11,' he says, citing new Edward Snowden disclosures that 'vindicate' his 2006 revelations...
By Brad Friedman on 8/18/2015 5:29pm PT  

Today on The BradCast...First, I need to pick up with a few more points from yesterday's show, concerning how the Republican Party is, frankly, no longer a legitimate political party, how they have absolutely no governing philosophy, how they will say whatever they need to say in order to support whatever they feel like "believing in" at any particular time and, basically, how they are simply making this shit up as they go at this point. I offer a few more examples of that today concerning Supreme Court Justice Samuel Alito, Donald Trump and a couple of others.

Then, it's on to our main interview with AT&T/NSA whistleblower Mark Klein, the now-retired 22-year AT&T employee who, in 2006, infamously exposed that the company had a secret room in its San Francisco facility --- Room 641A --- where the NSA had been allowed to install a splitter to trap and record all Internet traffic coming and going over AT&T's backbone lines.

Over the weekend, the New York Times and Pro and ProPublica revealed newly disclosed documents from NSA whistleblower Edward Snowden concerning AT&T's long and happy --- and illegal --- relationship with the NSA. The documents, in many ways, he believes, vindicate precisely what he had blown the whistle on in 2006.

I discuss the newly released documents with Klein on today's show, what they reveal about AT&T and NSA, how he came about discovering the secret NSA room at AT&T, and his experience since then as a whistleblower.

Among other things, he tells me he doesn't buy "the government's cover story that 9/11 changed everything," pointing to the new Snowden docs which cite AT&T's cooperation with the NSA going back as far as 1985. The friendly relationship between AT&T and the NSA goes back decades and underscores his contention that "AT&T gives NSA what it wants."

On the billions (perhaps trillions?) of land lines, cell phone lines and Internet traffic intercepted by the government illegally, he says that "there was no warrant that could cover this. Warrants are supposed to be specific, covering individual people, papers and whatnot - they were sweeping up everything."

On George W. Bush's claims that "we're just listening to a few phone calls from no-good people who are calling the Middle East," he says: "That was a complete lie and a diversion from the fact that they were collecting billions and billions of communications every day on the Internet."

On the recently passed legislation, the USA Freedom Act, which was supposed to have curbed many of the greatest warrantless wiretapping abuses under the USA Patriot Act, Klein says: "That law does not address Internet surveillance at all, it does not touch the secret rooms that are still in place doing what I already described. That law did not address that at all. So the Freedom Act is a fraud, in my opinion."

Klein also harshly criticizes then-Senator Obama for voting in 2008 to grant AT&T and other telecoms retroactive immunity on the heels of his 2006 disclosures. Obama "knew what he was doing," he argues. "He was running against Hillary for the nomination in 2008, so he postured to the left and said explicitly he would oppose any bill with immunity in it. He tried to gather his liberal supporters by making that promise. As soon as he won the nomination and beat Hillary, he quickly switched sides, and came out for immunity. It was a cynical move on his part, not some light-minded stupidity."

We covered much more during our discussion, so please give the full interview a listen!

Finally, speaking of Obama and Hillary, Desi Doyen joins us for the latest Green News Report as the Obama Administration gives final approval for Shell Oil to drill in the Arctic, even as Obama announces a visit to the Arctic to decry global warming and as Hillary comes out against drilling in the Arctic. Try and square all of those (Arctic) circles if you can!

Download MP3 or listen online below...

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Diann Rust-Tierney of the National Coalition to Abolish the Death Penalty...
By Brad Friedman on 8/17/2015 4:39pm PT  

On today's BradCast, the slow, painful death of the GOP as a legitimate political party continues, even as the corporate mainstream media continues to fail to notice and Donald Trump keeps rising in the bargain.

Then --- speaking of slow, painful deaths --- following the Connecticut Supreme Court's finding last week that the state's Death Penalty is unconstitutional, we're joined by Diann Rust-Tierney, Executive Director of the National Coalition to Abolish the Death Penalty to assess where the nation has moved on capitol punishment in recent years, and how long it may be before the practice is once again banned across the entire country.

"Most of the country lives in a place that doesn't have the death penalty, Rust-Tierney tells me. "We have death penalty statutes on the books, but the reality is that there are only a handful of jurisdictions in the country that are using the death penalty."

She cites just three states --- Texas, Missouri and Florida --- in which 80% of the nation's executions took place in 2014 to help point out how "the system is broken from beginning to end" and how, "as the death penalty becomes rarer, it becomes more arbitrary and indefensible."

Carrying out executions is far more expensive than life in prison, she notes, adding that it also does not serve as a deterrent. "In the parts of the country where the death penalty is still used, the Southern region has the highest murder rates. The Northeast, which uses the death penalty the least, you see lower murder rates."

Also today: More disturbing signs and warnings of global warming out here in California --- from record fires to fear of floods and the coming predictions of a "Godzilla El Niño" this year. Is it really set to hit? Perhaps, but be careful what you wish for, bone dry California, as our own Desi Doyen reminds us of the horrific historical record from the state's Great Flood of 1862...

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Guest: BRAD BLOG's legal analyst Ernest A. Canning...
By Brad Friedman on 8/13/2015 4:30pm PT  

On today's BradCast we cover a number of important new rulings on a number of important cases around the country --- and most of those rulings are actually very good news!

I'm joined by Desi Doyen and The BRAD BLOG's legal analyst Ernest A. Canning to discuss several of them (after a blessedly short few minutes on Trump and Fox 'News' at the top --- you're welcome!), including:

• The matter of the nation's dumbest Governor, Maine's Paul LePage (R), who tried, but failed, to properly veto some 65 pieces of legislation passed by his state legislature. The verdict is now back from the state Supreme Court, to whom LePage had appealed to help fix his epic failure. Suffice to say, LePage remains the nation's dumbest Governor.

• A Colorado state appellate court has now ruled on the case of a local baker who says he really doesn't mind serving gay people in his shop at all...unless they want to buy a cake to celebrate their wedding. Should he be allowed to refuse service based on a so-called religious belief?

• The Connecticut Supreme Court rules on the constitutionality of the state's death penalty after the legislature passed a law banning its use...on everybody except the 11 prisoners who were already sentenced to die before the state's moratorium was passed.

• A U.S. Appeals Court rules on whether Idaho's "Ag-Gag" law, barring journalists and whistleblowers from video taping abuses at factory farms, feed lots and slaughter houses, etc.,. violates the Constitution's First Amendment and whether those who violate that law can be thrown in jail, as the law mandates!

• A U.S. Appeals Court in Texas has ruled against the state Republicans' disenfranchising Photo ID voting restriction, finding it a violation of the Voting Rights Act. But will the state GOP be successful in appealing and/or forestalling that ruling until after next year's elections?

All of the above and more discussed, debated, analyzed and dissected on today's BradCast! Plus, the the latest Green News Report on the U.S. Forest Service now spending half of their budget on fighting fires, thanks to global warming, and Elon Musk stepping up to help save Africa...with the power of the sun...

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Journalists, whistleblowers may not be barred from recording abuses...
By Ernest A. Canning on 8/10/2015 9:52am PT  

In a carefully reasoned, 29-page decision, Chief U.S. District Court Judge B. Lynn Winmill struck down, as unconstitutional, an "Ag-Gag" statute that, according to the court, had been drafted for the express purpose of shielding Idaho's agricultural and dairy industries "from undercover investigators and whistleblowers who expose the agricultural industry to 'the court of public opinion.'"

"Under the law," the decision explains, "a journalist or animal rights investigator can be convicted for not disclosing his media or political affiliations when requesting a tour of an industrial feedlot, or applying for employment at a dairy farm. An employee can be convicted for videotaping animal abuse or life-threatening safety violations at an agricultural facility without first obtaining the owner’s permission." The offender not only faces up to one year in prison, but could be ordered to pay twice the economic loss an owner suffered as a result of publication of the video even if its content was true.

The Animal Legal Defense Fund (ADLF) and several other organizations, including the ACLU, filed the federal lawsuit and moved for summary judgment, alleging that the Idaho "Ag-Gag" statute violated both the First Amendment right to free speech and the Equal Protection Clause of the 14th Amendment. The court agreed, expressly noting that "agricultural...operations that affect food and worker safety are not exclusively a private matter" and that the right to free speech includes the ability to rely upon audio and visual recording...

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




Guests: Sam Walker of the National Voting Rights Museum in Selma, AL; Former DoJ attny Katherine Culliton-González of Advancement Project...
By Brad Friedman on 8/6/2015 2:33pm PT  

Today on The BradCast, special coverage in commemoration of the 50th anniversary of the Voting Rights Act of 1965 --- the crowning jewel legislation of the civil rights movement, written with the blood and tears of thousands, and now under fire today as it has never been since its passage helped lift the nation out from under the shackles of the Jim Crow era.

Sam Walker historian at Selma, Alabama's National Voting Rights Museum and Institute, at the foot of the Edmund Pettus Bridge, joins us to discuss the Act's history and legacy --- from the circumstances of the courageous Bloody Sunday march from Selma to Montgomery that finally resulted in the passage of the VRA, to the release of the movie Selma last year.

Among other things, he reminds us of the difficulty African-Americans faced in simply trying to register to vote in the deep south prior to the VRA. "Two days a month --- the first Monday and the third Monday --- were the only two days you could go and attempt to register," he told me. "Those were the days when they would see people coming and they would lock the door when they tried to come inside....You still couldn't register because you couldn't get inside the building to sign up."

Walker, who we haven't had on the show since the 40th anniversary of the VRA back in 2005, shares stories that need to be heard, even today. One, for example, about his meeting, years later, with one of the state troopers who took part in the beatings on Bloody Sunday. Another, about the importance of cameras and national media on that infamous day in Selma.

"The people in the media had their cameras set up when the attack happened, so when people were being beaten and tear-gassed, all those scenes were captured by the TV cameras and by the news media on camera. And that started a new momentum to try to get the right to vote for all our citizens." Sound familiar?

Then, former DoJ Civil Rights Voting Section attorney Katherine Culliton-González of the Advancement Project, joins us to discuss the ongoing legal battles in the fight for voting rights across the country in the wake of the U.S. Supreme Court gutting the VRA's landmark Section 5 provision in 2013 --- and the battle to restore it.

"All we have to do is look around us and unless they're living in a bubble, they can see that's there's been a renaissance in discrimination in voting since they took away that protection," she explains. From Congress to Texas to North Carolina to Wisconsin and beyond, the fight continues 50 years later.

"There are many, many voting changes across the country, and particularly in the South, at the local level that do all kinds of maneuvers of politicians trying to manipulate the vote. Moving poling places away from people of color - that happens a lot in the Native American community, the African-American community. We've seen laws requiring documentary proof of citizenship that have a strong disparate impact on the Latino community and the African-American community. For example, if you're a naturalized citizen and you don't have those papers, it's going to cost you at least $600 to get what's needed" to vote, she says. "All of this would have been subject to Section 5 of the Voting Rights Act."

Culliton-González reminds us, as the NC NAACP civil rights leader Reverend William Barber says, "this is our Selma".

Finally, civil rights icon Rep. John Lewis (D-GA), beaten by state troopers on Bloody Sunday as he courageously and stoically helped lead the march across the Edmund Pettus bridge as a 25-year old, discusses the importance of LBJ signing the Act in 1965. It's one of many historical sounds and songs that help us mark this historic day.

I hope you enjoy today's very special program!...

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Guests: Peace activist David Swanson; Const. law expert Ian Millhiser
By Brad Friedman on 8/5/2015 5:27pm PT  

It was a much bigger show today than we had expected when we started it!

First up on today's BradCast, author, peace activist David Swanson joins us to discuss Obama's speech today at American University on the Iran Nuclear Agreement. While Swanson is (somewhat uncharacteristically) optimistic and encouraged by the deal, he has concerns about how Obama and other Dems are misleading Americans in order to sell it. "I love that, for once, President Obama wants peace. I love that, for once, he's using diplomacy rather than war. I wish he would use that in eight other places on earth," Swanson tells me. "But at the same time he's pushing the propaganda of his opponents."

Then, Swanson asks, "Why Won't Bernie Talk About War?" A new petition from RootsAction.org asks Democratic Presidential candidate Bernie Sanders to start speaking up against U.S. militarism which, as Swanson argues, the U.S. Senator from Vermont has, up until now, been very reluctant to do for some reason.

Then, as we went to break, huge news came in from the very conservative 5th U.S. Circuit Court of Appeal striking down the Texas GOP's polling place Photo ID restriction law. The opinion confirms most of a lower court judge's previously ruling finding the restriction to be in strict violation of the Voting Rights Act as well as the U.S. Constitution. Constitutional law expert Ian Millhiser joins us to explain the very encouraging opinion from the court --- which comes, incidentally, just one day before the 50th Anniversary of the Voting Rights Act of 1965 --- and what happens next.

"The court got that voter ID laws do not really serve the purpose that their supporters say they're supposed to serve," Millhiser explains. "The court got that this was an attempt to dress up something that looks like a legitimate voter regulation in order to really do something else, which was to prevent groups like racial minorities and low-income voters who tend to prefer Democrats over Republicans from casting a ballot."

But, he also warns, "this wasn't a total victory for the good guys." Listen to the show for all the details.

Finally, in the few minutes we have left, we squeeze in some Presidential politics in advance of tomorrow night's first GOP Presidential debate, as sponsored --- and rigged by --- Fox "News". And, yes, that Republican debate will take place, ironically enough, on the 50th Anniversary of the landmark federal Voting Rights Act which Republicans used to support...until they decided they couldn't win elections anymore if all those "people" (read: qualified American voters who tend to vote Democratic) were allowed to vote.

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By Brad Friedman on 8/5/2015 1:56pm PT  

Very good news, just breaking today from the 5th U.S. Circuit Court of Appeals in Texas!...

One day before the 50th anniversary of the Voting Rights Act, one of the most conservative federal appeals courts in the country wielded that law to strike down a Texas voter suppression law. A unanimous panel of the United States Court of Appeals for the Fifth Circuit, in an opinion written by a George W. Bush appointee, held that Texas’s voter ID law violates the Voting Rights Act and must, at the very least, be significantly weakened. Though the court did not accept every argument raised against the state’s voter ID law, and its opinion does not go nearly as far as a trial judge’s decision which also struck down this law, it is a significant blow to the state’s efforts to make voting more difficult.

Voter ID laws are a common obstacle raised, mostly by right-leaning lawmakers, in front of citizens seeking to exercise their right to vote. Though stringent voter ID laws, which require voters to show a photo ID before they can cast a ballot, are often justified as a shield against voter fraud, the kind of fraud these laws target barely exists. A Wisconsin study, for example, found just seven cases of fraud out of 3 million votes cast during the 2004 election — and none of these seven cases were the kind of in-person voter fraud that is prevented by a voter ID law. Similarly an investigation by former Iowa Secretary of State Matt Schultz (R) found exactly zero cases of in-person voter fraud over the course of several elections.

What voter ID laws do accomplish, however, is they disproportionately disenfranchise groups that tend to prefer Democratic candidates over Republicans. As Judge Catharina Haynes explained in her opinion on behalf of the Fifth Circuit, one analysis determined that “Hispanic registered voters and Black registered voters were respectively 195% and 305% more likely than their Anglo peers to lack” a voter ID in the state of Texas. Indeed, even Texas’s own numbers confirmed that voter ID laws disproportionately impact racial minorities. Their own expert “found that 4% of eligible White voters lacked SB 14 ID, compared to 5.3% of eligible Black voters and 6.9% of eligible Hispanic voters.”

See Ian Millhiser over at Think Progress for more, as well as Rick Hasen at Election Law Blog for additional analysis. The court's opinion is here. [PDF]

We'll have more on this in The BradCast later today (and an explanation of some of the nuance here that, while it's a huge victory for voting rights advocates, the plaintiffs in the case have not yet won everything they had hoped for --- specifically, they wanted Texas to be required to pre-clear new voting laws with the federal courts from now on, as the state had to previously, before the U.S. Supreme Court gutted the Voting Rights Act in 2013.) On that issue, it appears the matter will be sent back down to the lower court, to establish whether their is strong enough evidence to prove the law was enacted with discriminatory intent, or whether it just had that effect. If the latter, striking down this version of the law will be enough. If the former, TX would have to get federal approval for such laws in the future --- and that would be a very big (and good!) deal.

But, for the moment, this is very good news for those of us who believe in the Right to Vote. And, by way of reminder, this is what we had noted late last year when the judge in the lower U.S. Circuit court in Texas absolutely eviscerated the law passed by state Republicans after a full trial...

In a 147-page ruling [PDF] released Thursday evening, "after hearing and carefully considering all the evidence" presented in the trial which ended on September 22nd, a U.S. District Court in Texas has found that the state's polling place Photo ID law, SB 14, is discriminatory and violates the U.S. Constitution in at least four different ways.

"The Court holds that SB 14 creates an unconstitutional burden on the right to vote, has an impermissible discriminatory effect against Hispanics and African-Americans, and was imposed with an unconstitutional discriminatory purpose," U.S. District Court Judge Nelva Gonzales Ramos writes in her ruling. "The Court further holds that SB 14 constitutes an unconstitutional poll tax."




Guest: Author/journalist Ari Berman of The Nation...
By Brad Friedman on 7/17/2015 4:08pm PT  

On today's BradCast, we start where we left off on yesterday's show, regarding Thursday's amazingly corrupt and disturbing ruling in favor of Scott Walker and his cronies --- by the amazingly corrupt Wisconsin Supreme Court --- and how, if Republicans have their way, that ruling may soon enough become the law of the land for the entire nation.

As our producer Desi Doyen noted on today's show: "This is your early warning system." Ignore at your peril. Then it was on to a couple of quick items and updates, including dumb Confederate flag wavers in Oklahoma and Maine's even dumber Governor Paul LePage.

From there, we head to North Carolina, where "the most extreme anti-voter bill passed by any state since the Jim Crow Era", as we initially described it when it was passed by state Republicans back in 2013, is finally now facing trial against the NAACP, the ACLU, the DoJ and other democracy and voting rights advocates.

We are joined by The Nation's author/journalist Ari Berman, who was in the federal courtroom in Winston-Salem, NC this week as the trial finally got under way. The results of this trial are likely to head all the way to the U.S. Supreme Court, one way or another, and may well determine the future of voting rights in this country. The new voting restrictions were passed in 2013, just days after the U.S. Supreme Court demolished the provision of the Voting Rights Act that otherwise, says Berman, would have kept this law --- which is "already disenfranchising voters" --- from even taking effect.

"That's such a clear case study to me that the Supreme Court was wrong when it said that the special protections of the Voting Rights act weren't needed." Berman goes on to explain why he believes NC, a state which had made astounding progress in voting rights over the previous decade, has now become the new Selma, Alabama, where the bloody fight for voting rights led directly to passage of the federal Voting Rights Act in 1965.

"In North Carolina, they had seemingly everything," Berman tells me. "They had all these voting reforms --- early voting, same day registration, pre-registration for 16 &17 year olds. And it was all taken away or reduced" when the GOP took over both the state legislature and Governor's mansion for the first time since Reconstruction in 2013.

"What Selma in the 1960s and what North Carolina in the 2013-2015 era shows is how far these conservative white Southerners will go to protect political power. There aren't billy clubs. There aren't literacy tests. But they're saying this is how black turnout increased --- North Carolina went from 48th in voter turnout in the late 80s, to 11th in voter turnout in 2012 --- Republicans there basically said we're gonna tamp this turnout down."

And now it's left to the courts to find out if those rights, once granted, can be taken away by political whim --- and if NC, and other states with a history of racial discrimination in elections, will be forced once again to face preclearance from the federal government before they can enforce any new voting restrictions.

Berman has a lot of insight on all of this. His new book, Give Us the Ballot: The Modern Struggle for Voting Rights in America, will be published next month to coincide with the 50th Anniversary of passage of the VRA. As I note during the show, the book is an exhaustively researched and heart-wrenching documentation of the uniquely American and harrowing tale of the fight to vote in this country --- and the outrageously long and continuing effort to block it. That fight continues, sadly, to this day. Go buy his book!

Finally, Desi joins us again for some listener email and then a stunningly upbeat Green News Report for a change!...

Download MP3 or listen online below...

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