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Latest Featured Reports | Monday, October 23, 2017
Real News from the Land of Reality: 'BradCast' 10/20/17
And a thought or two on the toxic poison injected this week into our body politic by the President of the United States...
Trump's Reckless Disregard for Puerto Rican Lives is an Impeachable Offense
Ernest Canning makes the case for adding the President's woeful, deadly response in the aftermath of Hurricane Maria to the list...
Trump's Schizophrenia, Congress' Fresh 'Health Care Hell': 'BradCast' 10/19/17
Guest: TPM's Alice Ollstein from Capitol Hill; Also: Trump meets with P.R. Guv, gives himself a '10' on Maria response!...
'Green News Report' 10/17/17
  w/ Brad & Desi
Alaska's ANWR on chopping block, again; Toxic ash from CA wildfires; US Virgin Islands w/o power, clean water; PLUS: Shell opens e-car charging network at gas stations -- in Britain...
Previous GNRs: 10/12/17 - 10/10/17 - Archives...
DHS Misled on 2016 'Russian Hacks'
(Will They Get It Right in 2018?):
'BradCast' 10/18/17
Guest: Orange Cnty, CA Registrar Neal Kelley on new DHS 'Election Infrastructure' Council...
Impeachable Offenses: Trump's 'ObamaCare' Lie: 'BradCast' 10/17/17
Also, Guest: Pastor Michael McBride on the 'Cost for Peace vs. Death' and programs that stop gun violence...
'Green News Report' 10/17/17
Hurricane slams Ireland; Deadliest fire week in CA history; Puerto Ricans drinking water from toxic Superfund sites; Coal plants closed in TX; PLUS: Oil rig explodes in LA...
Something's Happening Here (Maybe): 'BradCast' 10/16/17
Guest: Heather Digby Parton on Trump rage, GOP 'cowardice'; Also: Deadly hurricane in Ireland(?!), fires in CA, war between US-armed allies in Iraq...
Sunday 'Just Undo It' Toons
'PDiddie' rounds up another week in American politics where words fail, but the political cartoonists do not...
'Chaos': 'BradCast' 10/13/2017
In less than 24 hours, Trump aggressively unleashes fresh havoc on the American health care system and foreign policy with Iran...
'Green News Report' 10/12/17
Historic, deadly firestorms grow in CA; Water-borne diseases in Puerto Rico; PLUS: Trump EPA makes way for controversial mine in world's most valuable fishery...
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...


Critical vulnerabilities remain on state's 100% unverifiable touch-screen voting systems...
By Ernest A. Canning on 5/5/2017 12:54pm PT  

Two things occurred last Thursday that should bolster the chances of Democrat Jon Ossoff in the June 20, 2017 runoff special election for the U.S. House in Georgia's 6th Congressional District. One thing --- one big thing --- remains in place that could help to derail those prospects.

The first helpful item entails the removal of an obstacle to casting a vote at all in the upcoming election, thanks to a ruling by a federal judge yesterday. The court has effectively blocked an effort by Georgia election officials to prevent any otherwise eligible voter in the 6th District who had not been registered prior to March 20, 2017 from casting a vote in the run-off election between Ossoff and Republican Karen Handel.

A Georgia statute treats a run-off election as a "continuation" of a primary election. Thus, Georgia election officials had asserted that, under state law, only those timely registered before the April 18 primary election could vote in the run-off. The GA State Conference of the NAACP and other voting rights advocates filed a lawsuit alleging that the state's restriction on new voter registrations is in violation of the National Voter Registration Act (NVRA) which mandates that any qualified voter who submits a valid registration form more than 30 days prior to a federal election must be allowed to vote.

U.S. District Court Judge Timothy C. Batten, Sr., a George W. Bush appointee, agreed with the NAACP plaintiffs. On Thursday he issued a Temporary Restraining Order mandating the state "extend the voter-registration deadline for the June 20, 2017 special runoff election to no earlier than May 21." Any "eligible resident" who has "registered to vote" on or before that date is entitled to cast a ballot "that will count in the June 20 special runoff election."

Prior to the ruling, Republican Sec. of State Brian Kemp had contended that only voters registered by March 20th would be eligible to vote in the run-off election, three months later(!), on June 20.

The second issue that could enhance the Democrat's chances for filling the U.S. House vacancy in an otherwise Republican-leaning district --- a vacancy created when Rep. Tom Price became Donald Trump's Sec. of Health and Human Services --- is related to yesterday's narrow passage in the U.S. House of the so-called "American Health Care Act" (AHCA, or what many have referred to as #wealthcare, since the legislation includes, among other things, a massive tax cut for the top 2% at the expense of healthcare coverage and other benefits for the poor and middle class).

A Congressional Budge Office scoring predicted that the original version of the ACHA would result in the loss of health care coverage for 24 million Americans over the next 10 years. Not surprisingly, the Ryan/Trump wealthcare initiative has proved immensely unpopular according to a Quinnipiac poll in March, finding just 17% of Americans support the measure. The Center for American Progress described the amended version of the bill, that was rammed through the House yesterday without an updated CBO score, as far worse than the original bill. It is expected not only to "explode premiums," they find, but also allow states to negate ObamaCare's most popular feature --- the prohibition on health insurance companies discriminating against those with pre-existing conditions.

While both of these factors could serve to aid Ossoff's chances in June, there's no escaping the fact that the runoff will be conducted using the same 100% unverifiable, easily-manipulated, oft-failed Diebold touch-screen voting system that may have cost him an outright win on April 18...

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




Guest: Will Bunch of Philadelphia Daily News...
By Brad Friedman on 5/2/2017 6:20pm PT  

Over the weekend, at least two noteworthy media-related things happened, neither of them related (at least directly) to the White House Correspondents' Dinner. We discuss both matters on today's BradCast. [Audio link to show is posted at bottom of article.]

The President of the United States and the White House Chief of Staff discussed the possibility of doing away with the U.S. Constitution's First Amendment freedom of the press. As my guest today, Will Bunch of the Philadelphia Daily News wrote last night, that "probably should have led every paper and TV newscast in America, but for many everyday news consumers this wasn't even the biggest media-related outrage of the weekend."

The larger outrage, at least for many, seems to have come from liberal and progressive New York Times readers who called in to the paper, in reportedly huge numbers, to cancel their subscriptions following the first op-ed filed by the paper's new hire, Bret Stephens, a rightwing, former Wall Street Journal columnist and climate science denier.

I chat with Bunch --- author, journalist and longtime writer of the Philly.com's Attytood blog, which he describes as an "uber-opinionated, fair-but-dangerously unbalanced opinion blog" --- about both concerns today, and what they may mean for the future of U.S. news gathering, reporting and publishing.

On Trump's First Amendment threat, he notes how difficult it actually is to amend the Constitution and that the Trump Administration, after all, appears to be "the gang that couldn't shoot straight." On the other hand, Bunch cautions, "the fact that they would make these threats absolutely is newsworthy."

"The reason I wrote a piece that was largely about the Bret Stephens controversy, but also wrapped in this whole First Amendment thing, is I feel there's a relationship between the two," he tells me. "The press in this country is under assault in ways it hasn't been before. The media, to fight back, needs to be on its 'A' game. It can't make unforced errors, which the Bret Stephens thing arguably is." Bunch also goes on to explain how papers like the Times came to offer the fake balance that they have, for years, published on their op-ed pages, and suggests that perhaps it's time to do away with that all together. He explains why.

We also discuss another column of his from over the weekend, arguing that it will take years to undo the long-lasting damage that Trump has already brought to both the nation and the Presidency in just his first 100 days.

Also on today's program: Trump already appears to have violated federal election laws for his 2020(!) campaign; his Commerce Secretary Wilbur Ross huddles with other millionaires and billionaires to make light of the recent unauthorized, illegal, deadly and expensive U.S. cruise missile attack on Syria as little more than 'after-dinner entertainment'; and a new study by the American Press Institute and the Associated Press finds that, yes, Americans (even younger ones) are willing to actually pay for their news...at least under certain conditions...

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

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Also: The news fire hose is back on as Congress returns from recess and Trump gets desperate with '100 Days' milestone approaching...
By Brad Friedman on 4/26/2017 6:17pm PT  

On today's BradCast: Yes, it matters why we go to war and when we go to war and where we go to war --- even if the U.S. media (right, left and center) and U.S. Congress (Republicans and Democrats) would rather not discuss it. [Audio link to show follows below.]

But, first today: As Donald Trump nears his 100th day as President and Congress returns from their two week Easter recess, the news fire hose is back on, with House Republicans announcing a new amendment to their previously failed scheme to try and repeal and replace Obamacare. The new plan will likely cover less and be even worse for the sick and elderly than their previous plan, but it does exempt members of Congress and their staffers from the worst of it. At the same time, Trump's Treasury Department has unveiled a hastily-released, deficit-increasing, "trickle down", tax cut for corporations and individuals. And, in more desperation to distract from his lack of success during his first 100 days, Trump also goes to war with Canada! (a trade war anyway...and via Twitter!).

Then: On that whole war thing, where we now, apparently, bomb sovereign nations without discussion, debate, authorization, media skepticism or evidence --- Listeners ring in with calls, comments and emails in response to our interviews earlier this week with MIT Professor Emeritus Theodore Postol and with Consortium News' Robert Parry, both of whom question the evidence hastily released in a White House report on April 11 to justify Trump's April 6 cruise missile attack on Syria. That attack is said to have been in response to a deadly April 4 chemical weapons incident two days earlier in the rebel-held province of Idlib. But why have the U.S. media failed to question the evidence presented by Trump (not by the U.S. Intelligence Community), and why has Congress failed to debate, much less Constitutionally authorize, Trump's military action? And, hey, why does it all matter anyway, since everyone knows Bashar al-Assad is a bad guy and every President needs a military "doctrine" after all?! We discuss all of that and much more today...since, apparently, somebody has to.

Finally, Desi Doyen joins us for the latest (unusually encouraging) Green News Report and with a heads up in advance of this weekend's People's Climate March...

Download MP3 or listen to 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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By Ernest A. Canning on 4/26/2017 12:09pm PT  

I couldn't help but burst out laughing while reading White House Press Secretary Sean Spicer's description of U.S. District Court Judge William H. Orrick's late Tuesday decision partially blocking a Presidential Executive Order on funding to so-called "sanctuary cities" as an "egregious overreach by a single, unelected district judge."

(All federal judges are nominated by a President and confirmed by the Senate. None are "elected.")

Not to be outdone by his Press Secretary, Trump via Twitter described the ruling to enjoin the enforcement provision of his January 25 Executive Order as "ridiculous."

In that Executive Order, Trump threatened to withhold and/or recapture all federal funds and grants from any local jurisdiction that did not assist the federal government in its newly aggressive efforts to deport undocumented immigrants.

Trump vowed to appeal all the way to the Supreme Court.

Hilarious!

In the forty (40) years that have passed since I was first admitted to the California State Bar, I can scarcely recall a more one-sided "contested" case --- one in which I actually felt sorry for the Justice Department attorney who had been assigned to defend this indefensible Executive Order...

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




Guest: Journalist Robert Parry of Consortium News | Also: Media failure on Science March; AR kills again; Trump blocked again by federal court...
By Brad Friedman on 4/25/2017 6:28pm PT  

On today's BradCast, Donald Trump may be failing in the courts, in Congress, failing the planet itself, but when it comes to military adventurism in Syria, the U.S. media --- left, right and center --- all seem to be fully on board. That, despite the lack of independent evidence supporting the White House's justification for its unauthorized, unconstitutional, and likely illegal April 6 cruise missile attack on the sovereign, if war-torn Middle East nation. [Audio link to show follows below.]

Today, we follow-up yesterday's interview with Theodore A. Postol, MIT Prof. Emeritus of Science, Technology and National Security Policy, by speaking with independent investigative journalist Robert Parry of Consortium News, who recently asked: "Did Al Qaeda Fool the White House Again?"

We discuss Postol's analyses, as covered in detail on yesterday's show, charging that the evidence presented by the White House to justify its military attack on Syria --- purportedly in response to a deadly April 4 chemical weapons incident allegedly carried out by Bashar al-Assad's government against civilians in the rebel-held Idlib province --- does not support the claims being made by the Administration and echoed uncritically by the U.S. media.

Parry, formerly an Associated Press reporter who helped break the Iran-Contra scandal in the mid-80s, responds to my questions about the remarkable lack of media coverage of Postol's analyses (if only to debunk them), as well as the seemingly complete lack of skepticism by the entirety of the U.S. corporate mainstream media on Syria and other recent U.S. military adventures. That, even after having been fooled before (Iraq, is just one example), and otherwise claiming a new found interest in fact-checking and skepticism in the Trump Era.

"We've seen now a recurring situation," says Parry. "We had the case of the Iraq War, where you might've thought 'well, after that, the New York Times and the Washington Post and others will be more skeptical and more self-critical about the need to show skepticism'. But that hasn't happened. In fact, it's gone increasingly in the other direction."

"For the first two months or so of his Presidency, everything he said was put under a microscope and often laughed at, often rightly so," he tells me. "So there's been this attitude that this guy is not to be trusted on anything he says. Yet, he immediately jumps to a conclusion, way before there could've been any serious intelligence analysis of it, that Assad was responsible for this incident, and the mainstream media completely flipped around and just rallied to his position and then refused to listen to any alternative points of view on this."

As a former mainstream journalist himself, before founding Consortium News in 1995 as "the first investigative news magazine on the Internet," Parry speaks to the "tremendous downside to your career if you ask too many questions" in the corporate media, whether covering Republican or Democratic administrations.

Parry describes some of "serious questions" raised by Postol analyses concerning "not only the logic" behind the alleged sarin attack that seems wildly counter-intuitive for Assad to have carried out, "but the evidence that's been presented in connection with the April 4 incident."

Also today: CNN and CBS fail miserably during their coverage of last weekend's worldwide March for Science by offering platforms to fossil-fueled climate change denialists; Arkansas kills two more prisoners; Federal court blocks Trump's Executive Order concerning "sanctuary cities" and Trump, the self-declared "Great Negotiator", reportedly folds once again like a paper tiger, this time concerning budget threats for his long-promised Mexican border wall...

Download MP3 or listen to 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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Guest: Eric Boehlert of Media Matters for America...
By Brad Friedman on 4/14/2017 6:17pm PT  

Today on The BradCast: Will war be avoided on the Korean Peninsula amid Donald Trump's continued saber rattling? Will Bill O'Reilly ever return from his "vacation" amid newly revealed sexual harassment allegations? And will the U.S. corporate media ever stop rooting for war? [Audio link to show posted below.]

Donald Trump continues to rattle U.S. sabers against North Korea which, in turn, is rattling back, as tensions rise on the Korean Peninsula, with fears that either country could launch a "pre-emptive" attack. China, in the meantime, is hoping to settle nerves and find a way to peace through diplomatic, rather than military means.

All the while, the U.S. Congress remains on its 18-day holiday break, and apparently still unwilling to carry out their Constitutional duties as the (supposedly) sole arbiters of whether the U.S. goes to war with a sovereign nation whether in North Korea or Syria.

And, speaking of vacations, questions and investigations continue into multiple sexual harassment allegations against Fox News' Bill O'Reilly, currently on a much longer than usual vacation for some reason. Dozens of major corporations have pulled their ads from Fox's highest rated show, and the company has re-hired the same independent investigators whose previous probe last year into similar allegations against former Fox chief Roger Ailes finallly led to his golden-parachuted ouster. But why were O'Reilly and top executive enablers at FNC allowed to remain, even though they were aware of millions of dollars in secret settlements paid to O'Reilly's accusers?

Media Matters' Eric Boehlert joins me today to discuss the latest charges and revelations against O'Reilly, Ailes, Fox "News" co-president Bill Shine and FNC's long "culture of predatory harassment".

"That excellent New York Times report that detailed five lawsuits that had been settled totaling $13 million over the years, they pointed out that O'Reilly's contract was just renewed and Fox News knew about these lawsuits. On what planet does someone on your staff file five sexual harassment lawsuits, and then you re-up and give him another contract, in this case apparently for $18 million?," Boehlert asks.

"The Murdoch sons in particular could have cleaned up the culture at Fox News when they just went through this exact same thing last summer with Roger Ailes," he charges. "They completely covered it over. They paid off Roger Ailes to go away quietly. They promoted people who enabled him. And now where are they? They thought they were free, and now they're right back where they started."

We also discuss the corporate media's return to cheerleading for U.S. Presidents who start new wars and a disturbingly ridiculous new rightwing hire for the New York Times' op-ed page.

Finally, Desi Doyen joins us with the latest Green News Report as Florida's climate change denying Governor declares a statewide state of emergency for a global warming related issue, and I share the results of my recent Twitter poll asking whether or not Donald Trump is actually insane...

Download MP3 or listen to 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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By Ernest A. Canning on 4/14/2017 9:05am PT  


"Mankind must put an end to war before war puts an end to mankind" - President John F. Kennedy

By recklessly following up on his unconstitutional decision to commit an act of war (Syrian missile strike) with a reckless exercise in nuclear brinksmanship (North Korea), President Donald J. Trump has brought us to the edge of a precipice.

Unless Congress, currently on an 18-day holiday recess, immediately acts to Censure him for his dangerous usurpations of its exclusive Constitutional power to decide whether we are at war or at peace, our nation, indeed the world, could be plunged into a nuclear abyss...

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




Guest: Slate's Mark Joseph Stern...
By Brad Friedman on 4/7/2017 5:31pm PT  

On today's BradCast, the world and the U.S. Congress respond to Trump's bombing of Syria earlier this morning, even as Republicans in the Senate complete their unprecedented theft of the U.S. Supreme Court. In a related matter, an appellate court issues a landmark expansion of the Civil Rights Act. [Audio link to show is posted below.]

While many in the corporate media are joining a number of world leaders and members of Congress in celebrating Donald Trump's cruise missile attack on a Syrian air base days after an horrific chemical attack in the country, Russia is citing the action as a "significant blow" to U.S.-Russia relations and an act of "aggression" in violation of international law. Moreover, a number of Congress members, both Republican and Democratic from both chambers, are similarly citing Trump's attack as "an act of war" that is unlawful under the U.S. Constitution, as well as ill-considered and dangerous on several levels. Congress itself has now scuttled away for a two-week holiday recess, after refusing to even debate U.S. action in Syria more than 4 years, in the wake of some 400,000 deaths in the war-torn country.

At the same time, before heading home for the holidays, as the nation, the media and world were otherwise distracted today, Majority Leader Mitch McConnell and Senate Republicans finalized their historic judicial coup by confirming "Justice" Neil Gorsuch to the Supreme Court with a simple majority after unilaterally changing Senate rules to kill the right to filibuster SCOTUS nominees in the wake of their year-long refusal to hold a hearing or a vote for Barack Obama's nominee Judge Merrick Garland.

Then, following a landmark 8 to 3 bi-partisan Civil Rights Act ruling this week by the full 7th Circuit Court of Appeals (where most of the judges were appointed by Republicans and are considered quite conservative), Mark Joseph Stern, legal reporter for Slate, joins us to explain why he sees the decision as a precedent-setting "thunderbolt" for civil rights and the LGBTQ community.

The case involves a community college which was found sued for having discriminated against a woman in its employment practices on the basis that she was gay. The ruling, as Stern details, is the first time an appellate court has extended the Civil Rights Act to include protections against workplace discrimination on the basis of sexual orientation in addition to simply race and gender.

"What the 7th Circuit majority said was, look, it is logically incoherent to remove sexual orientation discrimination from the concept of sex discrimination. When an employer discriminates against a woman for dating another woman, he is discriminating against her explicitly on the basis of her sex. If she were a man dating a woman, then she would not face discrimination. If she were a woman dating a man, then she would not face discrimination. It is only because she is a woman and she is associating intimately with other women that she faces this kind of discrimination," Stern explains.

The case is likely to have broad national implications and will be "impossible to ignore" at the Supreme Court, says Stern. It's also important thanks to Reagan-appointed conservative Judge Richard Posner's opinion in which he argues that courts, as Stern short-hands it, "should interpret statutes in a manner that 'infuses' them 'with vitality and significance today' rather than relying on their original meaning. Posner contrasted this theory with the conservative 'originalism' championed by Justice Antonin Scalia." That is no small matter as it's being sung out by Posner, the Supreme Court's most cited federal jurist of the 20th century. (And, incredibly enough, even the far-right activist Judge Frank Easterbrook joined the majority in this case!)

Stern also discusses what we should expect when and if the case is heard by what he also considers to be a "stolen" Supreme Court in the wake of the GOP's illegitimate confirmation today of Gorsuch.

Finally, Desi Doyen joins us with the latest Green News Report with an unconscionable corporate media failure, and as the GOP-controlled U.S. House Science Committee shamefully uses McCarthy-esque tactics to put science itself on trial...

Download MP3 or listen to 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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By Ernest A. Canning on 4/3/2017 8:35am PT  

In August of 1822, James Madison, one of this nation's Founding Fathers, famously argued: "Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives."

On the other hand, on January 6, 2017, a joint Intelligence Community Report ("IC Report"), entitled "Assessing Russian Activities and Intentions in Recent US Elections" explained: "The Intelligence Community rarely can publicly reveal the full extent of its knowledge or the precise bases for its assessments, as the release of such information would reveal sensitive sources or methods and imperil the ability to collect critical foreign intelligence in the future."

There is a core conflict seen in those two quotes. What we see proclaimed in the IC Report is a direct collision between self-proclaimed national security interests and the public's right to know.

There is no question that Congress has both the Constitutional right and obligation to investigate "Russia-gate". It does so in accordance with its exceedingly broad powers of oversight that include the ability to "provide new statutory controls over the executive," executive accountability and to exercise its exclusive power of impeachment.

It is really not controversial to suggest, as did The Chicago Tribune, Sen. John McCain (R-AZ), and Adam Schiff (D-CA), that Congressional hearings be conducted either by an independent or select committee. But even if a reasonable level of investigative objectivity and integrity is achieved, the thorny question remains as to the extent to which such hearings, and testimony from witnesses, should be carried out in public.

It is a difficult issue that pits the public's right to know against (a) avoiding disclosure of classified information, and (b) compromising the ability of federal prosecutors to secure criminal convictions in their own parallel investigations...

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




Sen. Whitehouse calls out 'dark money' used to deny global warming, help install Trump's nominee onto a stolen U.S. Supreme Court...
By Brad Friedman on 3/22/2017 6:24pm PT  

On today's BradCast, with the consistent help of Sen. Sheldon Whitehouse (D-RI), we connect some of the dots between the Citizens United ruling, the GOP theft of the U.S. Supreme Court and the undermining of climate change legislation. Yes, it's all of a piece, and it begins well before the fateful SCOTUS ruling in 2010. [Audio link to show follows below.]

Today we go back as far as 1991 when a newly formed rightwing non-profit group by the name of Citizens United spent $100,000 to make sure alleged sexual harasser Clarence Thomas would be confirmed as a Justice on the U.S. Supreme Court. Twenty years later, in 2010's 'Citizens United v. FEC' ruling, Thomas then decided with the majority to help unleash a tsunami of undisclosed "dark money" into our political, electoral and judicial system (including more than half a million dollars to his wife's new non-profit, in the two months following the case's oral argument at the Court.)

In 2014, Sen. Whitehouse cited that fateful decision as the point in time when Republicans, who used to support action on climate change, immediately stopped doing so. And, this week, at the confirmation hearings for Judge Neil Gorsuch --- Donald Trump's nominee for the GOP's stolen Supreme Court seat --- Whitehouse confronted Gorsuch in a fascinating extended exchange, about dark money corruption in politics, including the $10 million spent by undisclosed rightwingers backing Gorsuch's confirmation, and the $7 million the same shady groups spent to block the confirmation of Barack Obama's nominee, Judge Merrick Garland.

All of that and more on today's program, including Desi Doyen and the latest Green News Report and the Colorado GOP's former chairman-turned-talk show host who, one month before last November's election, told listeners: "virtually every case of voter fraud I can remember in my lifetime was committed by Democrats." He's now been charged absentee voter fraud...

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

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Guest: Law professor Peter Shane on lack of 'institutional penalty' for GOP theft of SCOTUS; Also: House GOP makes healthcare bill even crueler...
By Brad Friedman on 3/21/2017 5:52pm PT  

On today's BradCast: Donald Trump's U.S. Supreme Court nominee faced questions all day in the U.S. Senate Judiciary Committee. But what the hell is Judge Neil Gorsuch even doing there at all? And doesn't normal coverage of the hearings do little more than normalize a decidedly abnormal situation? [Audio link to show follows below.]

Donald Trump's selection to fill the seat left vacant by the death of Justice Antonin Scalia more than a year ago, represents nothing less than a stolen seat on a stolen U.S. Supreme Court. If he is confirmed, Republicans are likely to be rewarded for their theft with a majority on the high court for another generation, following their unprecedented refusal to even hold hearings for Barack Obama's nominee for the seat, Judge Merrick Garland.

I've been wrestling with how to cover this week's hearings, which I consider to be illegitimate (and that is true even setting aside the disturbing matter of Trump as President!) Professor Peter M. Shane of Ohio State University's Moritz College of Law joins me to try and help make sense of the situation. His recent piece at the American Constitutional Society, cited by the New York Times today, details how neither Democrats nor corporate media, to date, seem to have figured out how to issue any kind of institutional penalty for the GOP's blatant, brazen and unheard of theft.

Shane explains that, historically, despite Republican assertions to the contrary, "there is no close precedent" in history for what the GOP has done here. "The reason that they didn't want Judge Garland to become Justice Garland was, of course, the fear that they would be losing what had been a secure 5-4 conservative majority on the court. But they also didn't want to give him a hearing because they knew, if they gave him a hearing, that Judge Garland would appear to be so thoughtful, so reasonable, so accomplished and balanced a person, that it would be politically much more difficult to vote 'no'. Nobody in the Senate is constitutionally obligated to vote in favor of Judge Garland, it would just be hard to explain why [they didn't.]"

So they stole the seat instead, by refusing to even hold a hearing, much less a vote. As to the Democrats' lack of an organized response, such as a promise to filibuster Judge Gorsuch (or any other Trump nominee other than Garland), despite the threat of the GOP doing away with the filibuster for SCOTUS nominees, Shane observes: "It seems to me that the Democrats very frequently anticipate the political defeat that lies ahead, and just keep their powder dry for a fight that never happens." He argues Dems are likely "worried about political blowback for being a fierce party of resistance," adding: "That's what the Republicans have been, increasingly, since 1980. If they've paid a penalty for it, I haven't noticed."

Also on today's program: While Congressional hearings have taken over the beginning of the week, House Republicans are making last minute changes to their scheme to replace the Affordable Care Act, by making it still crueler for millions of Americans (but with even more kickbacks for wealthy ones!) in hopes of wheeling and dealing for enough votes to squeek by with passage in the U.S. House, where they plan to ram the bill through for a full floor vote this week before tossing it to the Senate.

Finally: A majority of Americans are unable to name even a single SCOTUS Justice, and the tax-payer cost for Trump's constant weekend vacations could cover four federal programs for the arts, the elderly, the jobless and the homeless that his budget proposal hopes to slash entirely...

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

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Guest: Marcy Wheeler on the public testimony from FBI, NSA chiefs in the U.S. House Intel Committee, and the many still-unanswered questions...
By Brad Friedman on 3/20/2017 6:13pm PT  

On today's BradCast, FBI Director James Comey and NSA chief Mike Rogers testified for more than five hours today before the U.S. House Intelligence Committee, confirming the existence of an FBI counterintelligence probe into alleged Russian interference in the 2016 U.S. Presidential election, and batting down charges by President Trump that then-President Obama wiretapped Trump Tower before leaving office. [Audio link to show follows below.]

We're joined by national security journalist Marcy Wheeler of Emptywheel.com for analysis of today's long-awaited public hearing, with a focus on the many still-unanswered questions surrounding the charges of collusion between Trump and Russia and of the leaked classified information documenting a phone conversation between Trump's National Security Advisor Mike Flynn and the Russian ambassador to the U.S. Why was Flynn's part of the conversation captured and transcribed by the Intel Community in the first place, before the content of that discussion, concerning sanctions against the former Soviet Union, was leaked to media? Why wasn't Flynn's side of the discussion "masked" or "minimized", as many Americans believe is the case when it comes to the capture of information from U.S. persons during foreign counterintelligence investigations?

"Since 2008," she explains, "it's been permissible for the FBI, in whatever intercepts they get directly, to be able to go back in and look up stuff without distinction of whether the somebody is a US person or a foreigner. This is why the Republicans are so buggy about this."

"What many people are discovering, for the first time, is that the FBI can do backdoor searches. It means they do not need a warrant...where some analyst in the FBI or the NSA has decided someone is of foreign intelligence interest. The FBI doesn't need a warrant for that at all. They access that stuff without any criminal evidence against Americans. If they get a tip on you, they can look you up by your name, just on that tip alone."

Wheeler goes on to detail the legal statutes on that, the lack of public evidence concerning the alleged "cutout" between stolen DNC emails and WikiLeaks, why it took so long for Comey to inform Congress about his investigation at all (he said it's been under way since last July), questions about whether Trump and others in his Administration are susceptible to compromise by foreign agents, and whether or not she has confidence in the Congressional and FBI investigations into all of these matters.

Also today: Trump's approval rating hits a new low, and a federal appellate court protects a Constitutional right in Mississippi by blocking another GOP attempt to close the state's last remaining abortion clinic...

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

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Guest: Attorney Ernest A. Canning on invoking the 25th Amendment
Also: More bad news on GOP plan to 'repeal and replace' ObamaCare; Trump out-bombs Obama (by far) in Yemen; Bad news (for the environment), some good news (for voters)...
By Brad Friedman on 3/10/2017 5:44pm PT  

On today's BradCast, trouble continues to brew for Congress, the White House, the nation, the world and, yes, for Donald Trump. [Audio link to show is posted below.]

Among the stories covered on today's program:

  • The Treasury Secretary warns that the U.S. will soon hit its statutory debt ceiling and will default on loan payments unless Congress takes action. Will Republicans be more likely to do so now than they were under Obama? Or is a government shutdown and/or defaulting on our loan payments for the first time in history in store?
  • A new study finds that some 15 million Americans are likely to lose their health care coverage under the GOP plan to "repeal and replace" ObamaCare. And, while Medicaid recipients are sure to be hard hit under the Republican scheme, experts are warning that the tax cuts in the GOP's scheme will also serve to gut the Medicare Trust Fund;
  • Over the past week alone, with little media attention, the Trump Administration has dropped more bombs on Yemen than the Obama Administration had in any single full year of his presidency;
  • More new concerns arise about Trump's conflicts of interest and apparent violations of the foreign 'Emoluments Clause' of the U.S. Constitution (this time concerning China);
  • But as the specter of impeachment continues to loom over this Presidency, attorney and BRAD BLOG legal analyst Ernest A. Canning, our guest today, explains how the provisions of the 25th Amendment could become a more viable path for the removal of this President from office, particularly if his disturbing and unpredictable rage and mood swings continue to spiral. We discuss the potential triggers, likelihood, downsides, history and more.
  • As a very early and deadly wildfire seasons breaks out in a number of states, Desi Doyen joins us for the latest Green News Report;
  • She also has a few thoughts on the incredibly stupid (and (and absolutely incorrect) comments this week by the new EPA chief Scott Pruitt (and the stooge Joe Kernen interviewing him on CNBC) regarding the affects of CO2 on climate change;
  • And, finally, we finish up with a bit of good news on voting, for a happy change...

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

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By Ernest A. Canning on 3/10/2017 9:54am PT  

The never before utilized Section 4 of the 25th Amendment to the U.S. Constitution (full text posted below) may provide the most efficient lawful means to facilitate a swift end to the madness brought on by the Presidency of Donald J. Trump.

The real issue is not whether Donald Trump --- an utterly dishonest raging authoritarian narcissist and "pathological liar" --- should be removed from office. Instead, the focus should be on which of two alternative constitutional means for removing this miscreant from office has the best chance of ultimately succeeding.

Impeachment is a cumbersome process that, assuming the GOP-controlled Congress would permit it, entails lengthy investigative hearings, and the introduction of Articles of Impeachment alleging High Crimes and Misdemeanors --- Articles that must be approved by a majority of the House. This would be followed by a trial in the Senate. Trump would then be removed from office only if two-thirds of the Senate votes to convict. Tall orders for both Republican-majority chambers, to say the least.

Throughout the length of those protracted proceedings, Trump would remain in office with access to the nuclear codes.

In his recent New York Times op-ed, Nicholas Kristof, quoting Harvard's renowned Constitutional Law Professor Laurence Tribe, opined that the 25th Amendment offered a viable means for removing Trump from office. Per the language of Section 4 of the 25th Amendment, if Vice President Mike Pence and a majority of Trump's own cabinet transmitted to the leaders of the House and Senate "their written declaration that [Trump] is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President." The burden would then shift to Trump to submit "his written declaration that no inability exists." If he submits a declaration contending that he is able to carry out the duties of his office, Trump would not be permanently removed unless two-thirds of both Houses of Congress upheld the Vice President's declaration.

Irrespective of the legal bases for impeachment --- such as Trump's corrupt and remarkably overt violations of the Constitution's Emoluments Clauses --- it is unlikely that a GOP-controlled Congress would be willing to entertain, let alone vote to impeach a Republican President. This would especially be true if, as is likely, the Articles of Impeachment were introduced by Democratic members of the House.

By contrast, as observed by Lawrence O'Donnell during a Feb. 20 airing of The Last Word (see video below) --- if successfully invoked, the 25th Amendment would pit Republicans against Republicans: to wit, Vice President Mike Pence and a majority of the cabinet against Trump and a minority of the cabinet. If the chaos that is the Trump administration continues and potentially threatens GOP majority rule in either or both houses of Congress in 2018, there's a distinct possibility that, as predicted by Sen. Charles Schumer (D-NY), the dynamics within the GOP could undergo a significant change. If he could overcome loyalty to the man who named him as his running mate, Pence and a majority of the cabinet could legally initiate a swift end to the Trump presidency.

That's a lot of "ifs"...and even if they all came to pass, there is more to think about regarding this path...

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




Guest: Slate's Mark Joseph Stern, reporting from the U.S. District Court hearing, says DoJ and state of Texas have 'really bungled this one'
Also: Mike Pence used a private email server for sensitive state business --- and got hacked. Lock him up!...
By Brad Friedman on 3/3/2017 6:22pm PT  

The hypocrisy gets thicker by the moment. On today's BradCast, Vice President Mike Pence used private email for state business while serving as Indiana's Governor. And, down in Texas, the U.S. Department of Justice, after switching sides in a long running voting rights case, bombs out, according to our guest who was in the courtroom for a remarkable hearing this week. [Audio link to show posted at end of this article.]

Yes, VP Pence has been discovered to have used a private email server for state business as Governor of Indiana, even while running for Vice President and mercilessly criticizing Hillary Clinton for having done the same while Secretary of State. Unlike Clinton's email account, Pence's was actually hacked. That news follows a similar report that Trump's EPA Administrator, Scott Pruitt, also used a private email server for state business while serving as Oklahoma's Attorney General --- and lied to Congress about it.

Then, we're joined by Slate legal reporter Mark Joseph Stern with his amazing report out of Texas, where he was in a federal courtroom this past week, to witness the latest hearing in the long-running case against the state's racially discriminatory Photo ID voting law. The hearing, he explains, was remarkable on a number of fronts. Not the least of which is the fact that, after years of successfully challenging the state Republicans' racist law side-by-side with private litigants, the U.S. Dept. of Justice, now under the control of Donald Trump's Attorney General Jeff Sessions, has switched sides in the case to join with Texas!

The result, as Stern details, was encouraging, gob-smacking and, at times, hilarious. After the state's law, denying access to the polls for those without very specific types of state-issued IDs, has been found racially discriminatory in court after court for years (including by the most conservative U.S. Appeals Court in the land), the only real question now before the U.S. District Court Judge is whether or not Texas enacted their voting restriction with a discriminatory intent. If the law is found (again) to have been purposely designed to discriminate against racial minorities, the state could find themselves back under the Voting Rights Act's pre-clearance regime, requiring federal approval for any new laws related to elections.

The DoJ, now standing with Texas in their call for the case to be dismissed, offered an argument that the Judge didn't appear to be buying, Stern reports --- largely because the argument seemed to make no sense at all. Their argument, in short, is that the state legislature is working on a new version of the same law. Therefore, their intent while creating the previous version should no longer matter nor be held against them as a violation of the law or Constitution. At the same time, the state attempted to offer evidence that they failed to offer during the original trial, which turned out not to be actual evidence at all. Suffice to say, amidst a mountain of real evidence against them, the DoJ and Texas arguments "crashed and burned," says Stern, adding that "t was almost painful to watch!"

This case, "goes way beyond Texas," he notes, citing some of the responses from a plaintiff attorney for the NAACP after the hearing, and a Democrat that the state's attorney inexplicably tried to blame for the law. "This is sort of testing the waters for many other states, even possibly for a national voter ID bill governing all federal elections. This is just the start. So we're really at the threshold of this battle, even though it feels like we've been waging it forever."

There is a lot more in today's interview. Please tune in for it. Trust me. It's a very nice way to end this week.

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

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