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Latest Featured Reports | Monday, March 18, 2024
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Previous GNRs: 3/12/24 - 3/7/24 - Archives...
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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?...

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The Secret Koch Brothers Tapes...


Guest: Dr. Assal Rad of the Nat'l Iranian Amer. Council; Also: OR Repubs skip town; House re-launches bipartisan 'Climate Solutions Caucus'...
By Brad Friedman on 6/20/2019 6:04pm PT  

On today's BradCast: Already increasing tensions in the Middle East got much higher today after Iran shot down an unmanned U.S. surveillance drone last night, which the Islamic Republic claims had crossed their border into their airspace. The U.S. contends the spy plane, a U.S. Navy RQ-4A Global Hawk that can fly as high as 10 miles in altitude with a wingspan as wide as a Boeing 737, was in international airspace at the time it was downed by an Iranian surface-to-air missile. Both nations suggest they have evidence to support their claims about the location of the craft when it was shot down. [Audio link to show is posted below.]

Tensions in the region have been rapidly rising in recent weeks as the U.S. has blamed Iran, without presenting evidence, for several attacks on shipping tankers near the narrow Straight of Hormuz, which borders Iran in the Persian Gulf and through which 20% of global oil supplies travel. Iran has denied any involvement in those incidents, other than helping to rescue the crew of one of the tankers and extinguishing its fire. But war-hawks in the U.S. have been banging the drums against Iran for some time. They applauded Donald Trump's unilateral withdrawal last year from the Joint Comprehensive Plan of Action, or JCPOA, the landmark deal struck between Iran and seven other nations during the Obama Administration. The hard-fought treaty ended any possibility of Iran enriching uranium for use in weaponry, at least until Trump broke the deal that had lifted crippling, years-long sanctions against Iran. Trump reinstated the sanctions after becoming President and pulling out of the pact that even his own Administration admits Iran has been in full compliance with.

On Thursday, Trump described Iran's action as "a very bad mistake" and "a foolish move", while repeatedly telling reporters "you're going to find out", when asked how and if the U.S. plans to respond. He did suggest, however, during Oval Office remarks, that he believed the incident must have been unintentional or taken by "someone who was loose and stupid" --- as if to suggest he was reluctant to retaliate and/or make the situation worse.

Nonetheless, at the very same time, GOP hawks in the Senate like Sen. Lindsey Graham (R-SC) seemed eager to inflame the situation by warning that Iran "needs to get ready for severe pain," vowing that "if [Iran] is itching for a fight, they're gonna get one."

We're joined today to discuss all of this by DR. ASSAL RAD, Research Fellow and policy analyst at the nonpartisan, nonprofit National Iranian American Council. In a statement today, the group's President, Jamal Abdi, counseled for both nations to "firmly step away from the path to war" by seeking out "third party mediators who can help de-escalate and bring the U.S. and Iran back to the negotiating table."

Rad explains what is known and unknown about the current situation, how dangerous the situation has now become, and how Trump's restoration of sanctions has crippled Iran's economy, at least for the working class, leading to severe shortages of food and medicine. In addition to increasing military tensions, she tells me, Trump's violation of the anti-nuclear pact has led to both increased uranium enrichment --- bringing Iran closer to the ability to build nuclear weapons if they desire --- as well as strengthening the political hand of anti-U.S. hardliners in the Islamic Republic.

"What Trump has done," she tells me, "is played into the hands of the hard-line elements in the country, tarnishing the image of the U.S., which was very positive. But, of course now, as they suffer, it's much easier for that government to point to the United States as the blame."

"On the U.S. side, of course, the argument can be made that there's a credibility issue, given that President Trump has gone back and forth in the tone he takes with Iran. He'll tweet something like 'we're going to end Iran' and 'that was a big mistake on Iran's part', and then walks it back. 'No, we don't want regime change' or 'we don't want a war'. But then he has advisers, like the National Security Advisor John Bolton, who argues exactly for those goals."

"And that's not, by the way, to give credibility to the Iranian side," Rad made clear. "The Iranian side also lacks credibility in their own right. And that's why without a full investigation and having evidence, I would avoid drawing conclusions. And certainly taking action based on conclusions that aren't based on full evidence."

She notes that "sometimes the way that our media frames it, it makes it seem like the Iranian side is an irrational party --- and yet that is the party that agreed to the deal and has abided by that deal, despite the fact that the U.S. abrogated that deal a year ago."

"One of the things that we know about war is that it's unpredictable. We don't know what will be the consequence. And to prevent this sort of unforeseen concern that something terrible could happen, we have the opportunity right now to prevent it," she concludes with optimism, advising fellow Americans to speak out to our representatives in Congress to urge them to find a peaceful solution to the quickly escalating crisis.

Then, just to lighten things up, we turn to our worsening climate crisis! With Republican state Senators in Oregon fleeing the state on Thursday to avoid a quorum needed for final approval of a sweeping bill meant to help curb climate change by reducing carbon and capping greenhouse gas emissions through a cap-and-trade system. Democratic Gov. Kate Brown has now authorized state police to try and find the rogue lawmakers and bring them back to the capital. Meanwhile, back in D.C., Florida Congressmen Ted Deutch (D) and Francis Rooney (R) announced the re-launch of a bipartisan 'Climate Solutions Caucus' with about 60 members, including more than 20 Republicans.

We get some thoughts on both of those stories from a skeptical (cynical?) Desi Doyen, who also joins us for the latest Green News Report, with troubling news on the Trump Administration's official roll back of Obama's landmark Clean Power Plan in favor of scheme to aid the coal industry which, according to Trump's own EPA, will result in the premature deaths of thousands of Americans. But, she's also got some good news for us today --- and not a moment too soon --- out of the state of New York, where lawmakers did not skip the state, but instead adopted one of the world's most ambition climate change action plans...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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White House censors climate science; NC GOP lied to federal court about gerrymandering; FL Repubs solidify power by gutting state initiative process; Jon Stewart shames Congress for ignoring 9/11 victims...again...
By Brad Friedman on 6/11/2019 6:33pm PT  

We are far beyond politics and partisanship at this point. Our nation, and indeed our planet, is under threat from an entirely corrupt enterprise from top to bottom: the Republican Party. That doesn't mean that Democrats are wonderful. It means that the GOP may as well no longer exist as a political party. It is now no more than a wholly corrupt tool of corporate paymasters hoping to retain power and willing to take down an entire nation or planet with them in order to do it, if need be. [Audio link to full show is posted below.]

Among the stories covered on today's BradCast...

  • Like China or North Korea or the old Soviet Union, the Trump Administration is finally just censoring science. The White House, according to the Washington Post, blocked a State Department intelligence analyst from delivering the written version of his opening testimony to a Congressional meeting last week after severely censoring his spoken remarks as well. Objections from several different corrupt White House agencies prevented Rod Schoonover, of the State Department's Bureau of Intelligence and Research, from submitting his prepared testimony because it allegedly included just too much science from federal agencies such as NASA and NOAA, warning about the national security perils of unchecked climate change. In the oral version of his remarks, which he was allowed to deliver, he was forced to remove the words like "possibly catastrophic" from the phrase: "Absent extensive mitigating factors or events, we see few plausible future scenarios where significant --- possibly catastrophic --- harm does not arise from the compounded effects of climate change." Our climate crisis in frightening enough. What is happening now at the very top of our federal government makes it all the more terrifying;
  • On yesterday's program, we featured my exclusive interview with cybersecurity researcher Chris Vickery, who discovered hundreds of sensitive documents available for download on the Internet at the North Carolina State Board of Election's website, including "master passwords" for voting systems used in the state. We hope to have some followup on that story in coming days, but, in the meantime, North Carolina Republicans seems to be in competition with the nearby states of Georgia and Florida when it comes to who is able to be the most corrupt and willing to blatantly game elections for partisan advantage the most.

    Setting aside Vickery's disturbing report for now, and setting aside the DHS finally beginning a forensic probe of potential corruption (or even foreign penetration) of the state's voter registration system during the November 2016 Presidential election, and setting aside the GOP Absentee Ballot Fraud scandal that derailed last November's U.S. House election in the state's 9th Congressional District, the state GOP's multiple attempts to unlawfully use both racial and partisan gerrymandering in their successful effort to prevent Democrats from winning elections at both the state legislative and U.S. House level is breathtaking.

    But it has now been revealed to be even worse than previously known, thanks to new documents found on the hard drive of the RNC's late redistricting expert which reveal the state lied to a federal court in at least one of three different lawsuits against them for unlawful gerrymanders. We try, with the help of Daily Kos' Stephen Wolf, to break down the three different gerrymandering cases (two in federal court over racial and then partisan gerrymanders of U.S. House seats, and an ongoing case in state court over the gaming of legislative districts) to help expose how breathtakingly corrupt and dishonest state Republicans have become and the lengths to which they have been willing to go in recent years to try and cling to power. That, as statewide elections have now resulted in Democratic victories for the top executive offices such as Governor and Attorney General, and a 6 to 1 advantage for Democrats on the elected state Supreme Court.

    Nonetheless, with the several illegal gerrymanders, the GOP has been able to hold on to super-majorities in both chambers of the state legislature until last November, when court-ordered fairer districts were used for the first time. But the lie that has now been exposed thanks to the dead GOPer's hard drive allowed the party to enjoy an extra year of veto-proof control and a bevy of bills and ballot measures were adopted that likely never would have been had democracy actually existed in state legislative elections;

  • Speaking of corrupt Republican state lawmakers, Florida is working hard to keep up with NC. After their legislature recently passed a measure to gut a state Constitutional amendment adopted by nearly 65% of Florida voters last year to restore voting rights to most former felons in the state after completion of their sentences, the Sunshine State's new Governor, Ron DeSantis (who reportedly won election last year by less than one half of one percent of the vote), insisted lawmakers gut the entire statewide ballot initiative process to make it nearly impossible for citizen-led initiatives to end up on the ballot at all. The new measure, as the Tampa Bay Times describes it, "will solidify Republican control in Tallahassee by eliminating one of the last threats to their power: the ballot box." They report that the legislation will "stifle the last area outside of statewide Republican control in Florida," noting "Republicans have dominated the Legislature, Cabinet and governor’s mansion for the last 20 years, and every member of the state Supreme Court has now been appointed by Republicans";
  • But where state GOP lawmakers are wholly corrupt, those at the federal level, setting the tone, are putting them to shame. We set aside today's Constitutional Crisis and Impeachment Update to bring you Jon Stewart's full testimony to a Congressional committee this afternoon, instead. Most Republican lawmakers didn't even bother to show up, despite the fact that it was a House hearing on renewing the 9/11 Victims Compensation Fund which is said to be running out of money. The VCF covers health care costs of first responders such as police and firefighters who worked on and in the pile at Ground Zero on 9/11 and in the days that followed. Many of those victims have since died and are continuing to die due to long-term ailments related to breathing the air at Ground Zero. Shamefully, the GOP is, once again, fighting an extension of the program. Stewart blasts the lawmakers in moving, must-listen, sometimes tearful remarks that are alternately enraging and heartbreaking, citing "callous indifference and rank hypocrisy" of those who formerly used "Never Forget" as a political slogan supposedly in support of the same first responders who are now forced to show up on Capitol Hill to beg for healthcare as they fight for their very lives;
  • Finally, Desi Doyen joins us for our latest Green News Report on one of those troubling days when the GNR, of all things, is the lightest, fluffiest segment we seem to be able to muster...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: In exclusive interview, cyber security expert Chris Vickery details his startling discovery of NC's exposed files before the 2018 elections...
By Brad Friedman on 6/10/2019 6:08pm PT  

On today's BradCast, we've got an exclusive interview with CHRIS VICKERY, Director of Cyber Risk Research at the cyber security firm UpGuard. Vickery revealed late last week on Twitter that he discovered files, including administrative master passwords for voting systems, at the North Carolina State Board of Elections website that were left vulnerable and available online for anyone to download, prior to the 2018 election. Today he explains the evidence that suggests these files may have been available as early as February of 2016, months before that year's controversial Presidential election. [Audio link to full show is posted at bottom of article.]

The files were found by Vickery unencrypted and with no password needed to retrieve them from the site. He tells me today that there were so many files and screenshots (see a redacted snippet from one of the password screenshots in the graphic above), that he's not even sure if they number in the hundreds or thousands.

The longtime cyber security researcher says he promptly notified state officials of the discovery last year, before the 2018 elections, and that the state, shortly thereafter, set the files in question and their directories to "private". In response to a commenter on his short Twitter thread revealing the potential security breech late last Friday, however, he notes that "someone would have had to actively choose to make the file repository available to the entire world. It is not unprotected by default."

He tells me today that he is "very concerned" about the exposure and would "like to know who the data was intended for. If you put it up somewhere, you're intending it to be accessed by somebody. So who did they aim this for? I would love to know that." Indeed, he also shared an email with me over the weekend that was posted in the same directory as the passwords screenshot, in which a State Board of Elections official notes: "The attached screen shots should show just about all of the settings you will need for contests and candidates" in the ES&S iVotronic Image Management program, part of the computer voting system which defines where candidates selected by voters are placed on the electronic ballots and optical-scan systems.

Vickery says he decided to go public with the disclosure following the Washington Post exclusive last week reporting that federal investigators at the Dept. of Homeland Security have finally agreed to work with NC on a forensic investigation of the state's voter registration computers which inexplicably failed during the 2016 Presidential Election, on Election Day, in parts of the state. That announcement via the Post comes on the heels of Robert Mueller's redacted report [PDF] (see Volume 2, page 50, "Intrusions Targeting the Administration of U.S. Elections"), in which the Special Counsel briefly details how Russian Military Intelligence operatives were able to penetrate the voter registration systems of "at least one" county in Florida. Just over a week ago, the new Republican Governor of Florida announced he was notified by the FBI that, in fact, two counties had, in fact, been penetrated via a spearphishing attack on VR Systems, the private vendor contracted to run those voter registration systems.

VR Systems also supplies similar systems in about half a dozen other U.S. states, one of them being North Carolina. But, as Vickery notes, the password files that he found exposed on the Internet last year were not for registration systems, but for the state's computer voting machines, scanners and tabulation systems made by private vendor ES&S (the nation's largest), as used across most of the state of North Carolina. And ALL of this comes after we have been trying to point out on The BradCast for the last two and a half years that nobody --- not the FBI, not DHS, not the states themselves, nor even Mueller's Special Counsel team, as he admits --- ever carried out a forensic investigation of the computer voting, registration or tabulation systems in use in any of the states in 2016, despite that election's surprise ending in which Donald Trump purportedly won by a razor thin margin.

In his first broadcast interview on these new revelations, Vickery explains how he discovered the files, how the state responded when he told them about the vulnerability last year, whether the DHS has contacted him since he revealed his findings on Friday, and how serious of a potential security breech this is, especially given the extraordinary effort that the U.S. Intelligence Community and the Mueller Report claim Russia expended in hopes of interfering in the 2016 Presidential election. "When you have computers, and software, and firmware updating passwords and modems all mixed in together, you have the capability to do a lot of crazy stuff," he says, in response to my question about whether these passwords could have been used to alter or upload false results. "It's not out of the realm of possibility, but I have no specific reason to believe that happened. But that is kind of a frightening concept to realize that all of the ingredients are there."

Disturbingly, Vickery's report is startlingly similar to one revealed last year by Kim Zetter at Politico in the state of Georgia, regarding a security researcher who found millions of voter registrations along with voting system administrative passwords online and vulnerable to download without a password, prior to the Peach State's 2016 elections.

Also today: The last many weeks of climate changed-fueled weather disasters move from the Central U.S. to the SouthEast, with a month's worth of rain falling in one day over this past weekend (yet the DNC still won't allow a 2020 Presidential candidate debate focused solely on climate change!); Donald Trump pretends that his backing off of a threat to tax Americans who purchase imported goods from Mexico is a great negotiation victory; And we take a few calls on our disturbing interview with Vickery, including from one listener who quips that NC "left the combination of the safe written on top of the door"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 5/23/2019 11:55am PT  


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IN TODAY'S RADIO REPORT: Beleaguered Midwest walloped by tornadoes and floods; New worst-case study finds Miami and other coastal cities could be inundated by century's end; Louisiana unveils ambitious plan to retreat from rising seas; PLUS: Good news and bad as Trump's EPA changes how it measures air pollution... All that and more in today's Green News Report!

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Got comments, tips, love letters, hate mail? Drop us a line at GreenNews@BradBlog.com or right here at the comments link below. All GNRs are always archived at GreenNews.BradBlog.com.

IN 'GREEN NEWS EXTRA' (see links below): Deadly extreme weather is the new normal; Is modern life poisoning me? I took the tests to find out; 75+ business leaders lobby Congress for carbon pricing; Amazon investors reject proposals on climate change; An even more inconvenient truth: Why carbon credits for forest preservation may be worse than nothing; The challenge of lowering greenhouse gas emissions on farms; EPA curbs use of 12 bee-killing pesticides; ‘Mystery emissions’ of CFCs traced back to eastern China... PLUS: Trump’s love for infrastructure doesn’t extend to California’s high-speed rail project... and much, MUCH more! ...

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




Also: More GOP Absentee Ballot Election Fraud, this time in Florida...
By Brad Friedman on 5/21/2019 6:05pm PT  

The Constitutional Crisis in D.C. continues to heat up on today's BradCast, following Monday's directive from the White House that former White House Counsel Don McGahn should defy a lawful Congressional subpoena to appear for testimony before the U.S. House Judiciary Committee on Tuesday, and Monday's ruling by a U.S. District Court judge that Donald Trump's accounting firm, Mazars USA, must turn over financial documents from Trump within the next week, as subpoenaed by Congress. And we've got a new case of GOP election fraud tossed into the mix with everything else today, as well. [Audio link to today's full show is posted below.]

McGahn did not appear Tuesday morning at the Judiciary Committee, defying his subpoena and prompting a public upbraiding from the panel's Democratic Chair Jerry Nadler who declared "our subpoenas are not optional" and vowed the Committee would hear McGahn's testimony "even if we have to go to court to secure it." Nadler added that Democrats will not be deterred from their Constitutionally mandated oversight investigations and "will hold this President accountable, one way or the other."

The "other" way, of course, is via an official impeachment inquiry in the House, which is now being sought by more and more House members, including several both in Democratic leadership and serving on the Judiciary Committee, which would take the lead in such an inquiry. Proponents of an impeachment inquiry now reportedly includes Chairman Nadler himself. He is said to have made the case to House Speaker Nancy Pelosi on Monday night, while she reportedly maintains that such an inquiry would hold up both legislation as well as other investigations in the House. Nonetheless, calls for impeachment proceedings from House Democrats are getting louder and appear more inevitable with each passing day and each defied subpoena, even with court rulings favoring Democrats to date. That could change as Trump takes his cases to Courts of Appeal or the GOP's stolen U.S. Supreme Court, as the Administration clearly hopes.

But, even conservative Republican Rep. Justin Amash (MI) is sticking to his guns following his weekend Twitter thread in which he declared the redacted report from Special Counsel Robert Mueller reveals that Trump "engaged in impeachable conduct," displaying a "pattern of behavior that meet[s] the threshold for impeachment." Amash pushed back against his fellow Republican critics in a new Twitter thread on Monday. The founding House Freedom Caucus member shot down a number of limp and uninformed defenses and excuses offered by Trump, his Attorney General Bill Barr and other apologists who wrongly claim the President could not have obstructive justice --- despite the mountain of evidence presented by Mueller of repeated instances --- because there was no "underlying crime" that Trump was attempting to obstruct. All of that, as Amash explains, is simply false from top to bottom.

Also today, more breaking news of yet another case of Republican absentee ballot election fraud, this time in Florida. The latest incident comes on the heels of a GOP absentee ballot fraud scandal that resulted in North Carolina calling a do-over election for this September after the State Board of Elections refused to certify last November's tainted contest in the 9th Congressional District. The newly exposed case was from earlier in 2018, in Miami, where a WhatsApp chat log obtained by the Miami New Times appears to reveal campaign supporters and organizers for a Republican running for a seat on the Miami-Dade's County Commission describing the theft and destruction of absentee ballots cast for their opponents. The incident offers yet more evidence that voting by mail --- unless absolutely necessary --- remains a terrible idea, as we have long argued (despite many Democrats, including lots of friends, readers and listeners in Oregon and other states with all Vote-by-Mail elections, who feel quite differently about it.)

Lastly today, Desi Doyen joins us for our latest Green News Report, as 67 tornadoes blew through half a dozen states over the weekend and at least another 21 continue to wreak over the past 24 hours in Texas, Oklahoma, Arkansas, Kansas and Missouri, where millions of Americans are now under flash flood warnings. Also on today's GNR, another coal company bankruptcy, a new scammy effort by BP and Shell to lobby for a carbon tax, and the introduction of comprehensive new plans to take on our climate crisis by two different 2020 Democratic hopefuls...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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A spate of GOP pol scams, indictments and inappropriate pardons from D.C. to GA to MI and beyond; Also: Are Congress and corporate media finally waking up to our woefully insecure, non-overseeable elections?...
By Brad Friedman on 5/16/2019 7:04pm PT  

It's hardly breaking news at this point, but the GOP and its politicians now represent little more than a complete culture of corruption from top (Donald Trump) to bottom (find a state, pick an elected Republican). Among the tiny sampling of new stories covered on today's BradCast which bear that out. [Audio link to full show is posted below]...

  • The EPA's Office of Inspector General finds that disgraced former EPA chief Scott Pruitt owes tax-payers at least $124,000 for improper first-class flights and fancy hotels from during just 10 months of his reign before he was ultimately forced to resign. That, among nearly $1 million misappropriated for unnecessary, improperly approved security personnel and staff travel. The agency says it has no intention of asking Pruitt, who is now working for coal companies, to repay the money, of course;
  • But, since a fish rots from the head down, it's only appropriate to note that Donald Trump, on Wednesday evening, pardoned his billionaire pal and business partner, Conrad Black, who spent three years in jail on fraud and obstruction of justice charges after bilking millions from investors in his media company. But, he then said nice things about Trump in 2015 and has since written a book that fawns over the President titled Donald J. Trump: A President Like No Other. So, he's now officially pardoned by the President! Trump also pardoned Patrick Nolan, a former GOP leader of the California state assembly yesterday. Nolan was convicted on federal racketeering charges, but he recently criticized the Mueller investigation on behalf of the American Conservative Union, where he now works, so he gets a pardon too!;
  • The Republican Culture of Corruption hardly ends in D.C., however. On Tuesday, Georgia's newly elected Insurance Commissioner Jim Beck was indicted on 38 felony counts of mail fraud, wire fraud, and money laundering. Before reportedly being elected on Georgia's 100 percent unverifiable voting systems last November, Beck allegedly used a fraudulent scheme to embezzle money from a state-run insurance association he ran through several private companies he ran and then to the Georgia Christian Coalition. He has refused to resign but, on Thursday, the state's new (and similarly corrupt) Republican Governor Brian Kemp "suspended" him, whatever that means, while Beck fights the 38-count federal indictment;
  • In Michigan on Wednesday, state Rep. Larry Inman was indicted on charges of attempted extortion, soliciting a bribe and lying to the FBI. (Trump better have plenty of ink in his pardon pen!) According to text messages included in the indictment, the GOP super-genius texted a union rep for contributions in exchange for his and his colleagues votes against a measure that would repeal a law requiring union wages, along with the text message: "We never had this discussion";
  • But, of course, there are dirty Dems as well. But Republicans are so corrupt these days, they are even letting THEM off the hook...for some odd reason. A high-profile law firm in Boston was found by Federal Elections Commission staff investigators to have unlawfully reimbursed its attorneys for campaign contributions to Democrats to the tune of more than a million dollars in donations. The FEC lawyers recommended a further investigation to the FEC Commissioners, but they voted 2 to 2 on party lines to end the case without any further probe. You'll be shocked to learn the 2 Republicans on the Commission voted AGAINST the further probe, while the Democrat and Independent appointees both voted in favor of it. FEC Chair Commissioner Ellen Weintraub, the lone Democratic appointee, told the Boston Globe: "In every case, it doesn't matter whether Democrats or Republicans are subject of the complaint, the Democrats want to enforce the law and the Republicans don't. It's an ideological opposition to enforcing the law." That sounds about right. It's a Republican Culture of Corruption;
  • Next, a bit of a follow-up to our interview yesterday with 30-year Leon County, Florida Election Supervisor Ion Sancho, after news broke this week that the election systems of two Florida counties were said to have been penetrated by Russian Intelligence prior to the 2016 Presidential election, according to the FBI. The Bureau is currently forbidding state officials, and now members of Congress, from informing the public about which counties those are and if, in fact, there are more of them. Florida's U.S. House delegation is hopping mad about it all, as was Sancho yesterday. It should also be noted here that Florida's Republican Sen. Marco Rubio was told about much of this last year, as a member of the Senate Intelligence Committee, but said nothing even as his fellow Senator from Florida, Democrat Bill Nelson, also then an Intel Committee member, was excoriated before last year's election for noting publicly that Russia had penetrated the Sunshine State's electoral system. He was right. But Rubio said nothing as Nelson was portrayed as an insane old conspiracist. In the bargain, Nelson ended up narrowly losing (according to FL's unverified results) to Rick Scott, the state's then Republican Governor;
  • All of this mess, at least, has resulted in at least a few Republican and Democratic officials suddenly becoming alarmed about the dangers posed by vulnerable computerized voter registration and tabulation systems that cannot be overseen by the public to assure they have not been manipulated by hackers and have reported election results as per the voters' intent. George W. Bush's former cybersecurity czar Richard Clarke appeared on yesterday's Last Word with Lawrence O'Donnell to make that case, and to warn about the dangers of electoral manipulation from foreign sources that awaits in 2020. We share a clip and note that it's not only foreign sources such as Russia we must be concerned about. But, hey, after more than 15 years of our yelling and screaming about exactly these issues, at least a few elected officials and folks in the corporate media are finally beginning to notice. A little. Whether they have any clue regarding what to do about it is a separate matter all together. So, we'll keep shouting;
  • Finally Desi Doyen joins us for our latest Green News Report with disturbing news following last year's historic deadly fires in California, new evidence that our climate crisis is worsening (and that Exxon knew precisely about where we'd be today decades ago), and some other "impossible" news worth tuning in for...

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Leon County's 30-year veteran Election Supervisor tells us FBI lied about hacks in 2016; Rubio covered up in 2018; FL ballots will be unverifiable in 2020; calls NSA 'leaker' Reality Winner a 'heroine'; warns new GOP law means 'Jim Crow' has returned to the Sunshine State
Also: Trump's Iran war threat; AL bans almost all abortions; NC-9 do-over candidates set...
By Brad Friedman on 5/15/2019 6:59pm PT  

It seems that even Republicans in Florida have finally been forced to notice/admit what we've been pointing out about the 2016 election for years now. And our guest on today's BradCast, a longtime county elections chief from the Sunshine State, is none too happy about any of it. He offers several serious-as-a-heart-attack warnings about 2020 in the bargain. [Must-listen audio link to show is posted at end of article.]

But, first up today, the nation and world continue to pay a dangerous and painful price for whatever did or didn't happen that resulted in the election of Donald Trump in 2016. The Administration continued to ratchet up their threats of war against Iran on Wednesday by ordering all nonessential U.S. Government staff out of Iraq, citing unspecified and publicly unsupported claims of threats from Iran. The face-off clearly comes from Trump's ill-considered decision to pull out of the 2015 Obama Administration-brokered, seven-nation nuclear agreement which had effectively ended Iran's nuclear program. Though even the Trump Administration conceded Iran has been faithful to the anti-nuclear pact, Trump withdrew the U.S. and re-imposed crippling sanctions. He's now threatening war, for reasons that nobody seems to understand, and has deployed war ships and bombers to the tinder-box region.

Back at home, Trump's stolen U.S. Supreme Court has inspired dozens of new anti-abortion laws in state after state. On Wednesday, Alabama Gov. Kay Ivey signed the most draconian measure yet, a bill that would outlaw almost all abortions, including in cases of rape and incest, while jailing doctors who perform the (currently) Constitutionally-protected procedure for up to 99 years. The new law, adopted on Tuesday by the male-dominated state Senate and signed less than 24 hours later, would not only force women to carry the child of their rapists, it could also penalize doctors more harshly than the rapists. The ACLU has vowed to challenge the law which would require even pregnant 11-year old rape victims to carry their baby to term.

In North Carolina on Tuesday, Republican primary voters selected their candidate to run against Democrat Dan McCready in the do-over election for the state's 9th U.S. House Congressional District after the Republican candidate and Baptist Minister Mark Harris was discovered to have hired a GOP contractor who carried out a massive Absentee Ballot Fraud Scheme last November. The 10-candidate GOP primary resulted in hard-right, Trump-loving state Senator Dan Bishop being selected to run against McCready in September's do-over election. Bishop is the author and lead sponsor of NC's infamous 2016 law restricting bathroom access for transgender people.

But, as the nation and world continue to pay the price for Trump's nightmarish Presidency, new questions emerge (or, at least, are finally being noticed by Republicans) regarding his own supposed 2016 election victory. On Tuesday, Florida's new Republican Governor Ron DeSantis acknowledged the FBI notified him that election systems in at least two different Florida counties were infiltrated by by Russian intelligence in advance of the 2016 election. He says the FBI has barred him from publicly stating which two counties those are.

The news comes on the heels of similar (and similarly vague) allegations detailed in the redacted Special Counsel report [PDF] from Robert Mueller (see Volume II, page 50, "Intrusions Targeting the Administration of U.S. Elections"), as well as public claims in 2018 made by Florida's then Democratic U.S. Senator Bill Nelson. Nelson's assertions about Russian access to the state's elections systems were publicly ridiculed at the time by then Gov. Rick Scott and other GOPers, even though Florida's Republican U.S. Senator Marco Rubio was told about the same information at the same time as Nelson in the Senate Intelligence Committee. Scott would go on to narrowly defeat Nelson for the Senate seat in 2018 and Republican DeSantis is said to have narrowly edged out Democratic gubernatorial candidate Andrew Gillum on the same day. Both races were so close they resulted in unprecedented statewide "recounts".

However, as our guest today, 30-year veteran Leon County, FL Supervisor of Elections ION SANCHO explains, "recounts" in Florida amount to little more than running the same paper ballots through the same optical-scan computers which tallied them --- either correctly or incorrectly --- in the first place. Sancho, the legendary elections chief in Tallahassee, the state's capital, was so well-respected by all sides that he was tapped in 2000 to oversee FL's notoriously aborted Presidential recount that year. He is furious today about DeSantis' announcement, the secrecy behind which are the counties that were penetrated (he retired after the 2016 election), and explains that he was lied to by the FBI when he was told, during a then confidential conference call with Bureau officials in 2016, that "no county had been hacked" in the run-up to the election.

"The Justice Department has continued to obfuscate and lie about this situation from the very beginning. I was on a confidential call on September 30, [2016] in which all 67 election officials here in this state, and the state election officials, were informed by the FBI that no county had been hacked. The state hadn't been hacked. They told us that. And we now know, from the documentation that's been released through The Intercept and Mueller, that was false. We now know from the documentation, some time in early August [of 2016], the successful penetration occurred."

Sancho also now questions whether there were more than two counties penetrated and says he has no reason to trust the claims by either DeSantis or federal officials that election results were unaffected by the attack. "Here's the crazy thing about it," he tells me, "the Russian GRU knows which counties they've penetrated. The only people that don't know are the election officials and the citizens and voters of the state...it's time the American citizenry, particularly Floridians, figured out that information."

He also hails NSA whistleblower Reality Winner as a "heroine" for alerting the world to documents revealing that the Russian GRU had penetrated elections systems in Florida (and possibly elsewhere) via coordinated spear-phishing attacks that allowed them access to voter registration and website election results reporting systems made by VR Systems, a private election systems vendor with contracts in dozens of U.S. states. Winner is currently serving 5 years in federal prison for having leaked those documents to The Intercept in 2017.

Sancho demands to know "why Homeland Security decided to keep critical information from state and local election officials" for so many years. "Why weren't we told?" He also furious at Rubio and other Republicans for their treatment of Nelson when he tried to blow the whistle himself last year. "Nelson was vilified as being old and senile for saying such a ridiculous thing. And actually he was right...And quite frankly, the individual whose stock falls in my eyes is Senator Rubio, who confirmed what Sen. Nelson said, only after the election. He could have told the truth, and said that Sen. Nelson is raising a valid point. He kept his mouth shut. He put his party over this nation, and we are poorer for it today."

As to the security of the state's election systems as we head into 2020, he warns that "Florida is not well protected," adding a chilling note: "You do a reconnaissance before a major attack," he tells me, "and I don't think we've had the major attack yet."

Sancho has plenty more to say regarding Florida's move to unverifiable computer-marked paper ballots in advance of the upcoming Presidential election, and much more that I hope you'll click below to tune in for. There's simply too much to fully summarize here.

But one last point for now. Sancho also offers his thoughts today on the recent measure passed by GOP state lawmakers to undermine Florida's Constitutional Amendment 4 which was adopted by nearly 65% of statewide voters last November, allowing some 1.5 million former felons in Florida who have completed their prison sentences as well as all parole and probation, to have their voting rights restored. The new GOP measure, which awaits DeSantis' signature, would bar those newly-eligible voters --- including more than 20% of the states African-American voting-age population --- from registering to vote unless all court-imposed fines and fees are paid.

"What the Republicans did was reprehensible," Sancho rails, arguing that the bill contradicts "the overwhelming, clear language" of the statewide constitutional ballot measure. Many have described the new GOP bill as a poll tax. Sancho calls it more "cash register justice", as it will allow those with money to vote, but not those without. "This is clearly restricting the right to vote based upon who can afford to pay. Jim Crow has been reestablished in Florida."

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Guest: Plaintiff Marilyn Marks; Also: Trump trade war sends markets plunging; Trump's Constitutional Crisis with Congress continues; Good news for FL voters; NC-9's do-over primary election...
By Brad Friedman on 5/13/2019 6:48pm PT  

On today's BradCast, Trump-induced chaos continues to worsen, from China to the U.S. Congress, and the fights over 2018 and 2019 elections continue in Georgia and North Carolina, while a court ruling in Florida will make things a bit easier for voters in 2020. [Audio link to show follows below.]

First up today, Donald Trump sends world markets --- including the Dow, which dropped more than 600 points on Monday --- plummeting, after China announces plans to respond to Trump's newest 25% tariff on $200 billion in Chinese goods on Friday. Today China announced they plan to institute retaliatory tariffs on some $60 billion in U.S. exports and may cut off sales from certain companies entirely. So, Americans are left paying exorbitant new import taxes (tariffs on Chinese goods imported to the U.S. are taxes paid by U.S. companies and consumers, they are NOT paid by China, as Trump keeps falsely asserting), and now financial markets are taking an additional hit. Experts worry the dispute could soon nudge the economy into recession if a trade deal is not brokered. Trump has since threatened to add new taxes on all goods made in China if they refuse to kowtow to his demands.

At the same time as Trump is playing out his ill-considered foreign trade war, he is also expanding his domestic war against Constitutionally-mandated oversight by the Legislative Branch. A weekend analysis by the Washington Post finds Trump and his allies are now blocking more than 20 separate Congressional investigations "into his actions as president, his personal finances and his administration's policies" in what experts --- and even former Republican Congress members and legal staffers --- cite as a deepening crisis of unprecedented proportions between the two co-equal branches.

From Florida, however, we have a bit of good news from a federal court, where a judge has ruled that the state must follow the Voting Rights Act by supplying election materials and assistance for Spanish-speaking voters in advance of the 2020 primaries. The ruling is key for the tens of thousands of new Spanish-speaking Florida voters who moved to the Sunshine State from Puerto Rico following the devastation of 2017's Hurricane Maria.

In North Carolina on Tuesday, Republicans voters in the state's 9th Congressional District will select their nominee to run against Democrat Dan McCready in a do-over general election scheduled for this fall, after the state refused to certify a winner from last November's contest following the revelation that the Republican candidate (and Baptist minister), Mark Harris, was found to have hired a GOP contractor who carried out a massive absentee ballot fraud scheme on his behalf. In February, after some remarkable testimony, the state scheduled a new election. Tuesday's GOP primary in NC promises to be a bit of a circus with 10 --- um, colorful --- Republicans running for the nod. If none of receive more than 30% of the vote, there will be a runoff in September, with the general election then pushed back to November. The U.S. House seat in NC-9 will remain vacant until then, as 2018's last undecided election is finally completed near the end of 2019.

In Georgia, meanwhile, results from a 2018 race are still being challenged in court, after more than 125,000 votes cast in last November's race for Lt. Governor appeared inexplicably "missing". The unusually large undervote rate in that contest does not appear in any others races, including statewide elections much farther down the ballot (eg. Sec. of State, Insurance Commissioner, etc.)

Moreover, the missing votes only appear to have occurred on ballots cast at the polling place, where voters are forcced to use GA's 100% unverifiable touchscreen voting systems. Hand-marked absentee paper ballots revealed no similar drop-off in voting rates for Lt. Governor and, according to our guest today, plaintiff MARILYN MARKS, Executive Director of the non-partisan Coalition for Good Governance, the unusually large residual vote rate was also inexplicably highest in predominately African-American precincts.

"It wasn't just our speculation that something went wrong with the machines," Marks tells me. "We had the premiere election statisticians in the United States look at this, and they basically said it would be a one-in-ten thousand chance that something wasn't happening in the machines that would have caused this kind of result."

Last January, as the Coalition sought a forensic analysis of the state's voting systems and other materials needed to carry out their lawsuit seeking to overturn the results of the Lt. Governor election, they were blocked by the state. Leading that fight was Republican Gov. Brian Kemp who is said to have narrowly defeated Democratic candidate Stacey Abrams last year on the same day, in a race where then-Sec. of State Kemp oversaw his own election and was found by several court challenges to have been suppressing the vote in predominately African-American areas. Last week, the Georgia Supreme Court heard the plaintiffs' appeal in the case, after a lower state court judge dismissed it --- without even allowing discovery --- earlier this year. Marks and the other plaintiffs seek to have the lower court's ruling by Senior Superior Court Judge Adele Grubbs reversed, so they may proceed with discovery, including forensic analysis by cybersecurity and voting systems experts, and a full trial.

"The dynamics of [the lower court] trial were extremely strange," she explains. "We told the Supreme Court several times that during the trial, when we were begging for discovery, begging for a jury trial, begging for a continuance because they had been blocking everything we were doing, the judge said, 'Look, I'm getting pressure to get this resolved. So, no --- you cannot have the documents, you can't have a continuance, and you can't have a jury trial.'

"Getting pressure"? From whom? "We don't know. She didn't disclose that," Marks says, "but that alone is reason to reverse her."

Marks joins us to detail how things went at the high court last week, and for an update on Kemp's new effort to move the voting systems in Georgia from its current 100% unverifiable Diebold touchscreen system, installed in 2002, to an all-new 100% unverifiable touchscreen system that prints equally unverifiable computer-marked paper ballot summary cards. On that front, Marks has been loudly opposing the move --- advocating instead ofr hand-marked paper ballots --- and offers some interesting news as well...

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Guest: Ernie Canning defends inmate voting; Also: Trump lies (again) about tariffs, economy, China; House Judiciary to vote on Barr contempt; Mnuchin refuses (again) to turn over Trump taxes; 400 former prosecutors say Mueller revealed criminal felonies by the President...
By Brad Friedman on 5/6/2019 7:00pm PT  

Our lead story on today's BradCast makes everything else seem quite small by comparison. (And, no, that story is not the new royal baby. You're welcome.) Unfortunately, those other stories aren't small at all. In fact, they are almost all unprecedented as the nation continues its dark plummet into an historic Constitutional crisis under this Presidency. [Audio link for today's show is posted at end of summary.]

We cover quite a bit of ground on today's show, by necessity, if not choice. Among the stories covered...

  • A landmark, 1000+ page report compiled by some 450 researcher working with a U.N. agency, based on the data from 15,000 scientific and governmental reports warns that 1 million of the planet's 8 million plant and animal species are now threatened with extinction --- many within decades --- thanks to human activity. The report finds that, more than at any other time in human history, nature itself is threatened due to human development and consumption that leaves land species finding "insufficient habitat for long-term survival" and oceans species in similar peril. While the report's authors stress there is still time to act to reverse this alarming trend, we break down some of their critical findings at the top of the show, since they are likely being overshadowed today with so much other insane news emanating from our nation's capitol and reverberating around the globe;
  • Beyond that disturbing new study, world markets opened on an alarming note on Monday --- including an initial 450-point plunge on the Dow --- following Trump's weekend tweets threatening to impose a 25% tariff on all goods imported from China by week's end. In ">his tweet, he included at least two lies, including that "China has been paying Tariffs to the USA" and "These payments are partially responsible for our great economic results." In fact, Americans pay those taxes, not China. And, as even honest conservatives who we cite on today's show point out, Trump's continuing trade war has harmed, not helped the economy, and the trade deficit with China has only gotten worse, not better, for the US in the bargain;
  • Posing an additional threat to the world economy is the Trump Administration's chest-thumping against Iran, including threats of sanctions against any nation (including allies) who purchase Iranian oil and the deployment over the weekend of an aircraft carrier battle group and a bunch of bombers toward the Persian Gulf;
  • Setting aside the Trump-caused foreign-policy and market crises, there's the Constitutional crises that he's continuing to exacerbate today here at home, where some 400 former federal prosecutors --- both Republican and Democratic, some who served as long ago as Dwight D. Eisenhower --- issued an open letter today proclaiming that, were it not for the Dept. of Justice's Office of Legal Counsel policy against indicting a sitting President, Trump would have been charged on multiple felony counts of obstruction of justice, based on the information detailed in the redacted version of Special Counsel Robert Mueller's report;
  • In related news, the House Judiciary Committee announced plans on Monday for a vote on Contempt against Trump Attorney General and "fixer" William Barr after the nation's top law enforcement officer's repeated failure to hand over to Congress the full Mueller Report and its underlying evidence, as per a Congressional subpoena;
  • Similarly, Trump's Treasury Secretary Steven Mnuchin announced that the Treasury Department will also rebuff a Congressional request from the Ways and Means Committee to produce six years of Donald Trump's tax returns, as per long-standing federal statute. Both incidents --- both unprecedented --- will almost certainly now be forced into federal court for adjudication;
  • Meanwhile, in New York, Michael Cohen, the former personal lawyer and fixer for Trump who predates Trump co-opting of the nation's Attorney General for that purpose, offered a public statement to media before heading off to federal prison for three years on Monday. Cohen will be serving time for, among other things, lying to Congress and carrying out hush-money payments to two women with whom Trump had affairs, a criminal conspiracy "directed" by Trump, according to prosecutors, in violation of federal campaign finance laws. In his statement, Cohen said: "I hope when I rejoin my family and friends that the country will be in a place without xenophobia, injustice and lies at the helm of our country." In other words, he hopes that voters will remove Trump from office next year, highlighting the fact that as a federal inmate in New York he will not be allowed to vote in that election. But if the man who federal officials say "directed" the conspiracy --- who would also have been charged on multiple obstruction counts had he not been the President (thanks, in no small part, arguably, to those unlawful hush-money payments made just before the 2016 election) --- gets to not only vote, but run for re-election next year, shouldn't Cohen have a vote as well?;

That brings us to our guest today, attorney and longtime BRAD BLOG contributor ERNEST A. CANNING, who penned an insightful op-ed today arguing that the notion of "inmate vote is not a radical idea". On Friday, Republican state lawmakers in Florida enacted a measure that would undermine Sunshine State voters who approved a Constitutional measure in November, with a nearly 65% majority, that would restore voting rights to most former felons in the closely divided swing-state, one of just three in the nation --- along with Iowa and Kentucky --- to ban former felons from voting for life, even after serving their time.

But the idea of inmates voting, while still in prison, has been a matter of discussion and growing debate following the ACLU's recently-launched "RIghts for All" campaign, in which they seek to get 2020 candidates on record regarding, among other things, the right to vote by those still in prison. Currently, 48 states, other than Vermont and Maine, ban the practice. But, as Canning explains, "21 other democracies, including Canada, Sweden and Israel, allow all prisoners to vote." So, why should inmates lose their right to vote in the nation that incarcerates more of its own citizens than any other?

Canning, a Vietnam vet who also worked as a Senior adviser to VetsForBernie.org, explains the injustice and hypocrisy of barring inmates from voting, citing its lack of deterrent effect and noting that luminaries such as Dr. Martin Luther King, Jr. penned his famous "Letter from a Birmingham Jail" and that Nelson Mandela, who spent 27 years in prison, would go on to become the formerly-apartheid South Africa's first black President and recipient of the Nobel Peace Prize.

In his article and on today's program, Canning also offers a compelling response to critics, like the President and many in his party (and in the Democratic Party, as well) who, as Trump's spokesperson recently charged, find the notion of inmate voting "deeply offensive", because it would allow the likes of the Boston Marathon Bomber and the perpetrator of the Charleston Church Massacre (both of whom have been sentenced to death), to cast a vote before being killed.

It's a long-overdue --- and interesting --- conversation that Americans of all political stripes, but certainly progressives, should have in "the land of the free", where First Amendment rights are still allowed for prisoners. So why isn't the right to vote?...

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All Americans, progressive or otherwise, should stand for what is right...
By Ernest A. Canning on 5/6/2019 11:09am PT  

The right of inmates to vote is not a radical idea. In addition to Maine and Vermont, 21 other democracies, including Canada, Sweden and Israel, allow all prisoners to vote.

Seventy (70) civil rights and advocacy groups have now joined Sen. Bernie Sanders (I-VT) in calling for restoring the right of all inmates to vote. Although Senators Elizabeth Warren (D-MA) and Kamala Harris (D-CA) have stopped short of agreeing with Sanders' proposal, both appear to be considering it. Warren stated simply that she was "not there yet." Harris, a former prosecutor, who is focused on restoring post-release felon voting rights, acknowledged that "we should have that conversation."

Inmate voting rights advocates argue that, while the rule of law requires appropriate punishments for crimes, this can be done without sacrificing the right of every citizen to vote --- a right that provides the cornerstone for a free and democratic society. Moreover, there's a rehabilitative purpose. Inmate voting encourages prisoners, who retain their First Amendment rights while incarcerated, to responsibly stay connected or reconnect with society. Indeed, some inmates have gone on to become "eloquent advocates" for social justice.

Ironically, while incarcerated, Dr. Martin Luther King, Jr. penned his famous Letter from a Birmingham Jail. Nelson Mandela, who spent 27 years in prison, would go on to become the formerly apartheid South Africa's first black President and a recipient of a Nobel Peace Prize.

Opponents of inmate voting appeal to the natural repugnance the electorate holds towards some of our nation's most heinous crimes and those who carried them out: individuals, like Dzhokhar Tsarnaev, who was convicted as the Boston Marathon Bomber and Dylann Roof, who was convicted for the Charleston Church Massacre.

While gut level repugnance towards these especially heinous crimes is understandable, from the perspective of societal needs, there are multiple reasons to question the validity of adding, as a form of punishment, inmate disenfranchisement to imprisonment, fines, restitution, and, in the cases of Tsarnaev and Roof, to their death sentences...

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




Guest: Ted Kalo, 14-year veteran House Judiciary attorney, details what comes next; Also: Good news for voters in OH, bad news for voters in FL...
By Brad Friedman on 5/3/2019 6:48pm PT  

Our guest today, the former U.S. House Judiciary Committee's longtime General Counsel warns on today's BradCast, that we are already in the midst of a Constitutional Crisis and that what is happening now is far worse than anything he ever encountered during his many years in that post, even during the then-unprecedented corruption of the George W. Bush Administration. [Audio link to full show is posted below.]

But first up today, some good news and bad for voters before 2020 out of two key battleground states. In Ohio, the good news is that a three-judge panel of federal judges on Friday unanimously found the Buckeye State's Congressional maps to be an "unconstitutional partisan gerrymander" and has ordered, via its 301-page ruling [PDF], for new maps to be drawn for use before the 2020 elections. The panel of two Dems and one Republican-appointee determined that the state's GOP-led legislature packed the majority of the state's Democratic voters into just four districts after the 2010 Census to guarantee Ohio's Congressional legislation would retain a 12 to 4 GOP advantage. Republicans have successfully held 75% of that delegation over the past decade despite receiving just more than half of the state's Congressional votes.

State Republicans vow to appeal, as the nation awaits next month's opinion from the U.S. Supreme Court on similar partisan gerrymandering cases in North Carolina and Maryland. A three-judge federal panel last week in Michigan similarly ordered new maps there before 2020 after finding GOPers in that state used a similar tactic to disenfranchise voters. Unconstitutional GOP partisan gerrymanders were also determined by federal courts to have been in place in Wisconsin and Pennsylvania for the past decade.

The bad news for voters today comes from Florida today, where the state's GOP-dominated legislature has adopted a bill to undermine Amendment 4, the landmark ballot measure voters adopted by nearly 65 percent last November to restore voting rights to some 1.5 million former felons in the state who had completed their sentences as well as all parole and probation. Passed along party lines, state lawmakers changed the definition of sentencing to include the payment of all court-imposed fines and fees. The result: Those former felons who have money will be able vote, those who do not, won't. Once signed by the state's Republican Governor, as expected, lawsuits will almost certainly be filed by voting rights advocates to challenge the new law that appears to rewrite Amendment 4 which had ended Florida's shameful lifetime ban on voting by former felons, including more than 20 percent of the state's African-American population.

Next, we are looking for answers today about what is happening and what may come next as the Trump Administration and its new Attorney General and "fixer" William Barr harden their obstruction of all Constitutional oversight by Congressional Democrats. We are joined today by attorney TED KALO, a 14-year veteran of the U.S. House Judiciary Committee, where he served as General Counsel for his last 10 years there before leaving for private practice in 2011. Our conversation comes on the heels of Barr's astonishing testimony before the Republican-controlled Senate Judiciary Committee on Wednesday and his refusal to appear before the Democratic-majority House Judiciary on Thursday. That, after the Dept. of Justice's failure to respond to a Wednesday subpoena deadline from the House panel to turn over a full, unredacted version of Special Counsel Robert Mueller's report and its underlying evidence, and after revelations that Barr appears to have lied to Congress in previous testimony concerning Mueller's view of Barr's public representation of the report's conclusions during the month before Barr finally released a redacted version.

Kalo tells me what is likely to happen next if Barr misses a final Monday deadline, offered in a good faith, last attempt letter sent by House Judiciary Chair Jerrold Nadler on Friday in hopes of avoiding contempt proceedings against the nation's top law enforcement official.

The reason why Barr supposedly skipped Thursday's House hearing was because the Committee had determined to allow staff counsel from both parties to question the Attorney General along with members, which Kalo says is "not unusual at all". He cites, for example, a similar practice carried out by Republicans "during one of the many investigations of Hillary Clinton's emails," and notes that it is "not uncommon historically" for Congressional committees to use staff attorneys for questioning witnesses.

Kalo details the two possible legal paths should Barr, as expected, continue to refuse to cooperate with the Committee and is found in contempt, including a civil litigation path in federal court, which could take months or years to resolve (though Kalo says there are grounds for courts to hear these matters on an expedited basis) or Congress finding Barr in "inherent contempt". In the latter case, he explains, the House Sergeant-at-Arms could be dispatched to arrest and detain the Attorney General. (Kalo also offers a definitive answer about the jail long said to be available at the Capital Building for such matters.)

"While it's frustrating as hell to watch this play out --- it's so obvious what's going on in plain sight --- as a matter of the goal of getting the information, Congress has to proceed cautiously because of its limited options for enforcing subpoenas," Kalo tells me. Therefore, he explains, Nadler is "bending over backwards to show that he tried his hardest to reach an accommodation with the Executive Branch, with an eye towards future litigation" where the court will see the Administration as "recalcitrant and unreasonable" and find in favor of the Dems.

Among the many other questions answered and/or explained by Kalo, he offers insight into my concerns about whether many of the long-established court precedents that appear to make Trump's legal arguments to block a number of subpoenas look ridiculous could actually be overturned by Trump appointees to the federal bench or even the GOP's stolen majority on the Supreme Court. "I think you're right," he says. "We have a federal judiciary that's been packed by people who start with the political result they want and then work the legal reasoning backwards. I think it's a valid fear that the courts won't follow longstanding precedent," before adding optimistically, that he believes the courts will follow precedent in many of these matters.

I also get his thoughts on Barr's remarkable testimony before the Senate on Thursday, arguing that a President has a legal and Constitutional right to shut down or obstruct a federal investigation looking into his own potential crimes if the President believes, on his own, that he has been unfairly accused. Yes, Barr actually made that argument under oath this week. Kalo calls the theory "ridiculous" and says, "I know of no legal authority for what the Attorney General was saying, and it defies reason." He goes on to explain why.

Finally, he concludes with a chilling note. "It can't be understated that we're in a Constitutional crisis. We're trying to respond to things that we never expected to occur from a President of the United States," Kalo argues, adding that, as dark as those years were when he served as General Counsel for the House Judiciary Committee during the George W. Bush years, what is happening now is worse --- "by far."

I wholeheartedly recommend you tune in for today's complete conversation, as there was much more than I am able to adequately summarize here...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 4/30/2019 11:11am PT  


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IN TODAY'S RADIO REPORT: Humanitarian crisis expands after back-to-back cyclones slam Mozambique; U.S. Interior Department delays offshore drilling expansion; Voters in Spain opt for a Spanish version of the Green New Deal; PLUS: Air pollution is getting worse again in the U.S.... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Permafrost collapse is accelerating carbon release; Indonesia's planning minister announces capital city move; Trump, top Democrats agree on goal of crafting $2 trillion infrastructure plan; Beto O’Rourke proposes $5-trillion climate plan for net-zero emissions by 2050; Cory Booker makes "environmental justice" central to his White House bid; UN report stresses urgent need for nature rescue plan; Climate-friendly farming is taking root in New York; 'Biodegradable' plastic bags survive three years in soil and sea... PLUS: How offshore drilling became a losing proposition... and much, MUCH more! ...

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Guest: Slate's Mark Joseph Stern; Also: Trump panics over impeachment, sets course for Constitutional crisis by blocking lawful subpoenas...
By Brad Friedman on 4/24/2019 6:39pm PT  

On today's BradCast, Donald Trump's Administration is now barreling the nation towards one or more unprecedented Constitutional crises as he panics about the possibility of impeachment. But the fruits of the GOP's labor in violating Constitutional norms to steal a majority on the U.S. Supreme Court may now finally be set to pay off for them for at least the next decade. [Audio link to show is posted at end of article.]

First up today, however, some quick election results following a few contests around the country on Tuesday. In a Special Election for a vacated state Senate seat in Tennessee, Republican Bill Powers reportedly defeated Democrat Juanita Charles. The result wasn't a surprise in a state where the GOP now enjoys a supermajority in both chambers of the General Assembly. But Powers is said to have won by just under 10 points. That's a 13-point swing towards the Democrats in a very Republican district from what would normally be expected.

In Tampa, Florida former police Chief Jane Castor was elected by a 73% landslide to become the city's first openly gay Mayor, the first to lead a major city in the U.S. Southeast. The victory comes less than one month after the openly gay Lori Lightfoot was elected Mayor in Chicago. Castor was outspent 2 to 1 by her opponent, David Straz, a 76-year old banker who wasted $5 million of his own money on the race and also outspent the other seven candidates combined in last month's primary.

Back in D.C., the U.S. House General Counsel filed a motion in federal court seeking to block Trump's re-appropriation of some $6 billion from the Defense Department to build his wall on the Southern border. The House --- which voted, along with the Senate, to block Trump's "national emergency" declaration and his re-allocated spending, only to be vetoed by the President --- argues that Trump's actions are unconstitutional as contracts are being awarded and money spent to build and repair border barriers with funding that "Congress did not appropriate for that purpose."

But federal judges who actually believe in following the Constitution may be in shorter supply these days, as Trump and the GOP have packed the courts with "conservatives" of convenience --- jurists who claim to believe in one set of principles but follow a radically different path when it suits their political whims. Trump is counting on such activist judges as he announces his Administration is now blocking all White House and other executive agency officials from responding to lawful document demands and subpoenas issued by Congress. In just the past 24 hours, the Administration has directed several current and former officials to not respond to lawful Congressional subpoenas for testimony and has denied statutory requests for financial documents of Trump and a number of his companies. Trump also, on another Twitter tear today, vowed to seek help from his stolen SCOTUS in the event that he is impeached.

Our guest today, MARK JOSEPH STERN, legal reporter for Slate, offers insight on all of the above, before we focus on the even more disturbing news regarding Tuesday's oral arguments at the Supreme Court regarding the Commerce Department's attempt to add a question on citizenship to the 2020 Census.

Stern, who was present at the Court for argument on Tuesday, suggests the outlook is not encouraging. He tells me he counted five rightwing Justices who appear eager to overturn three lower court rulings which found Commerce Secretary Wilbur Ross lied about his reasons for unlawfully directing the Census Bureau to add the question despite objections from career Census professionals who advise that the question would result in a massive under-count of Hispanic and immigrant populations.

The decennial count of all "persons" in the U.S., (as the Constitution requires), may be off by as many 6.5 million people if the question is added, largely in areas that tend to vote Democratic, according to the experts. The result would be felt for the next decade --- particularly in Democratic-leaning cities and states --- as the Census is used to allocate hundreds of billions of dollars in federal spending, as well as how Congressional and state legislative districts are mapped and residents represented, and even how electoral votes are to be allocated.

"This was just a real bloodbath for the plaintiffs here," Stern tells me about Tuesday's oral argument. "This case should have been so simple. Wilbur Ross, the Secretary of Commerce lied about his reason for including a citizenship question on the Census. He lied, and he got found out. He is the one who asked the Justice Department to create some pretext for the citizenship question. And beyond that, Ross busted through a bunch of statutory roadblocks that are supposed to prevent the inclusion of gratuitous questions on the Census."

"The lower court in this case said, 'I count Wilbur Ross violating the law in at least six separate ways.' The Supreme Court only has to find one of those ways to be compelling to stop the citizenship question and say no," Stern laments. "But I don't think a majority of the court is willing to step in and stand up for the law. And I fear the reason is because they know exactly why the Trump Administration wants the citizenship question on the Census."

Stern details what he describes as hypocrisy displayed by the Court's five Republican Justices during argument, as they cited everything from the Voting Rights Act (which they voted to gut) to international law (which they have dismissed as having no basis in U.S. law) to deference to federal agencies (which they have famously undermined in recent years when it comes to environmental regulations and other disputes where courts had traditionally deferred to executive agency expertise) in posing questions that indicate they plan to approve the new question meant to rig the Census. "It was a very bad day for truth at the Supreme Court," Stern reports.

"Hypocrisy doesn't even begin to capture what this is," he argues. "I can only hope that Kavanaugh and Gorsuch begin to apply international law in death penalty cases, as well. But something tells me this is a ticket good for one ride only."

Finally, Desi Doyen joins us for the latest Green News Report (after we ran out of time for it yesterday) with another troubling mix of both good news and bad for the nation and the planet...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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With Brad Friedman & Desi Doyen...
By Desi Doyen on 3/28/2019 11:03am PT  


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IN TODAY'S RADIO REPORT: Senate Republicans ridicule climate solutions, as Democrats fight back during Green New Deal stunt vote in the Senate; New Mexico and Puerto Rico set targets for 100% renewable electricity; Replacing US coal with renewables today would save customers millions; PLUS: Big Oil has spent a billion on climate lobbying and ads since the Paris Climate Agreement... All that and more in today's Green News Report!

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IN 'GREEN NEWS EXTRA' (see links below): Video: Ocasio-Cortez’s righteous — and accurate — anger about poverty and the environment; Interior Nominee Intervened to Block Report on Endangered Species; Republicans grasp for a climate change message; Jury Awards $80 Million In Damages In Roundup Weed Killer Cancer Trial; New Jersey Sues Chemical Companies To Pay for Pollution Damages; A Climate Migration Crisis Is Escalating In Bangladesh... PLUS: The Doomsday Vault’s home is already altered by climate change. A report says it could get worse.... and much, MUCH more! ...

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Guest: Dr. Micah Kubic of ACLU Florida; Also: Beto on voter suppression; Abrams says she 'won' in GA; U.S. judge blocks oil, gas drilling in WY...
By Brad Friedman on 3/20/2019 6:33pm PT  

On today's BradCast, the fight to vote, particularly in Florida, never seems to end --- even after a huge bi-partisan majority of voters in the state voted to change their Constitution last November to re-enfranchise more than a million of their fellow citizens. [Audio link to show is posted below.]

Following decades of post-Civil War Reconstruction/Jim Crow-era lifetime prohibitions on former felons voting in the Sunshine State, voters last fall overwhelmingly adopted Amendment 4 to their state Constitution. The statewide ballot referendum, adopted with nearly 65 percent of the vote, restores full voting rights to former felons who have completed their sentence, including probation and parole. The only exception to the long-overdue landmark measure is for those convicted of murder or felony sexual offenses.

Moreover, the measure --- placed on the ballot after 800,000 signatures were collected across the state by the non-partisan Florida Rights Restoration Coalition, as part of a years-long effort --- was to be self-executing. In other words, as of January 1, 2019, the amendment went into effect, without any supporting legislation necessary. That means as many as 1.5 million former felons, at long last, have begun registering to vote to take part in their own representative democracy, finally ending the state's shameful, decades-long prohibition. This week, however, after introducing a bill on Friday, Republicans in the state legislature have begun speeding a new measure through the GOP-controlled state House of Representatives to add new restrictions on the Constitutional Amendment, limiting which former felons it would apply to and, as critics charge, adding what amounts to an unconstitutional "poll tax" that many former felons would have to pay before being allowed back on the rolls.

The ACLU of Florida derides the new legislation, which was approved in a House sub-committee along party lines on Tuesday, as "an affront to Florida voters", raising "serious constitutional concerns" which "thwart the will of the people and extend far beyond what any reasonable person would conclude the voters intended when they passed Amendment 4".

We're joined today by DR. MICAH W. KUBIC, Executive Director of ACLU Florida, to explain how state Republicans are attempting "to create new barriers and burdens" to the "crystal clear" language of the referendum, which, he notes, the Supreme Court of the State of Florida already approved before it was placed onto the ballot last year. Lawmakers "are changing the process completely, and changing it in a way that had never been used in the state of Florida before," Kubic tells me. "They're rewriting the amendment, they're rewriting the process that has been used throughout Florida, and they're creating a special set of conditions that only apply to ex-offenders that don't apply to anyone else."

"What is important here is to remember the experiences of the 1.4 million people who have been disenfranchised for decades, for generations, in Florida. Who have been told that they are not part of our community, essentially. Because remember, that's what the right to vote is really about --- going in to the ballot box and voting for a Democrat or a Republican or a Libertarian or anyone," Kubic argues. "The right to vote is really a marker of citizenship. It's a marker of who counts and who doesn't, who matters, who doesn't, who is part of the community and who is not."

We discuss with Kubic the way GOP lawmakers are attempting to expand the definition of "sexual offenses", and adding new requirements --- above and beyond fines imposed by judges during sentencing --- that many ex-offenders will simply be unable to pay. Given the national importance of Florida in next year's crucial Presidential election, it may come as little surprise, sadly, that GOP lawmakers are now hoping to undermine even their own voters' approval of last year's landmark ballot measure.

Also on today's program, speaking of next year's elections, a bit of 2020 Democratic primary news. Beto O'Rourke rails against discriminatory Photo ID voting restrictions and other types of voter suppression during a New Hampshire campaign swing. And we discuss the veracity of possible 2020 Presidential candidate and Georgia's former Democratic gubernatorial nominee Stacey Abrams' recently reported assertion that she "did win" her election last November after all, against former vote-suppressing Sec. of State turned Governor Brian Kemp, but "just didn't get to have the job."

Given the widespread voter suppression under Kemp's supervision last year, some 125,000 votes said to be missing entirely (and in disproportionately black neighborhoods) from the Lieutenant Governor's race, and that the state still forces voters to use easily-manipulated, oft-failed 100% unverifiable touchscreen voting systems at the polling place, Abrams' assertion is far more supportable than some elections experts seem to fully appreciate.

Of course, the ongoing controversy --- and Kemp's questionable legitimacy as the state's new Governor --- underscores our many years of warnings about the use of voting systems that do not allow candidates or the public to ever know who actually won or lost any given election. It's also another teachable moment regarding the alarming fact that even more jurisdictions around the nation --- from California to Texas to Georgia to Pennsylvania, Ohio, New Jersey, Kansas, Delaware and beyond --- are now, astonishingly enough, moving to adopt similarly unverifiable computer touchscreen voting systems in advance of the 2020 election!

Finally, we end with what appears to be a bit of very good news, as a federal judge issued a ruling Tuesday night that blocks for now, oil and gas drilling on almost 500 square miles of public lands in Wyoming, after finding the U.S. government unlawfully failed to consider the cumulative effect of climate change causing greenhouse gas emissions in their environmental impact studies when approving oil, gas and coal projects on federal lands. One of the plaintiffs in the case hailed the judge's finding, which may affect other fossil fuel leases on federal lands far beyond Wyoming, as "the Holy Grail ruling we've been after"...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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