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Corporations 'Taking a Bazooka' to NLRB, Hoping to Declare it 'Unconstitutional': 'BradCast' 3/18/24
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The Secret Koch Brothers Tapes...


Sworn declaration accuses Kavanaugh of 'gang rapes'; Witnesses support Blasey Ford charge; Good news for PA student voters, FL, TX, AZ Dems...
By Brad Friedman on 9/26/2018 6:45pm PT  

What does it say about the state of the nation when reporting on sworn allegations against a U.S. Supreme Court nominee may be NSFW? Safe for work or otherwise, we have that along with much more encouraging news on today's BradCast. [Audio link to show is posted below.]

First up, a report, for context, from Washington Post in 1990 about the alcohol and sex-fueled house party culture of several elite private high schools in Maryland, including the ones attended by both U.S. Supreme Court nominee Brett Kavanaugh and at least one of his accusers.

Then, four sworn declarations were filed with the U.S. Senate Judiciary Committee, under penalty of perjury, on Wednesday, by the attorneys for Dr. Christine Blasey Ford, on behalf of witnesses who say they were told years ago by Ford about her allegation of the attempted rape by Kavanaugh and his friend Mark Judge during one such high school house party. Each witness describes how Ford informed them about what she says happened, long before Donald Trump selected Kavanaugh as his SCOTUS nominee. (It's also worth noting that Ford's letter to her U.S. House Representative about the incident was also reportedly sent prior to Kavanaugh actually being named to fill the seat vacated by Justice Anthony Kennedy.)

Incredibly, none of those were the most startling declaration filed with the Committee under penalty of perjury on Wednesday by a long shot. Julie Swetnick, a long time federal agency employee with active and inactive Secret and Public Trust security clearances, filed a jaw-dropping affidavit detailing her years of knowing Kavanaugh and his close friend Mark Judge during high school in Maryland. In the declarations she says she attended many house parties at which the pair were present during those years, and charges that Kavanaugh "drank excessively" and would become abusive and physically aggressive toward girls whom he and Judge would "target" after spiking punch at the parties "with drugs and/or grain alcohol."

Most disturbingly, however, she describes her "firm recollection" of seeing both men lining up to participate in "gang rapes" of the incapacitated girls, and says that she became one of them in 1982. Swetnick attests that "shortly after the incident" she "shared what transpired with at least two other people" and is "aware of other witnesses that can attest to the truthfulness" of her statements.

Still, even with this third named accuser of alleged sexual crimes and misconduct in high school and college by Kavanaugh, the President of the United States refuses to order an FBI investigation into any of the charges, and Republicans on the Judiciary Committee intend, as of now, to move forward with Thursday's hearing with testimony only from Kavanaugh and Ford (but none of the many other witnesses or accusers). They say they plan to vote on his nomination in Committee the following day. A full Senate floor vote --- according to Donald Trump at a presser at the UN today, in which he described the allegations as part of a "big, fat con job" by Democrats --- could happen as early as this weekend, with the Court set to begin their new term on Monday.

Following those horrors today, we look toward the November midterms for at least some hope. A new poll by AP and MTV finds young voters, for some reason, citing increasing anxiety about the election. We also cover the widespread national effort to make voting easier for students on college campuses, and the effort by Republicans to prevent that. Happily, we can report an encouraging ending this week to one long fight to make it easier for students at a college near Philadelphia to participate in their own democracy.

Finally, we take a look at some mostly encouraging new polling for Democrats in U.S. Senate (and Gubernatorial) races in Florida, Texas and Arizona...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Media critic Eric Boehlert; Also: National Voter Registration Day!...
By Brad Friedman on 9/25/2018 6:35pm PT  

On today's BradCast: It's National Voter Registration Day as the crucial midterm general elections on November 6th are now exactly 6 weeks away. Other than that, today's news may be somewhat less encouraging --- though we, and the world, manage to have a bit of a laugh at Donald Trump's expense, in the bargain. [Audio link to show follows below.]

First up: Happy National Voter Registration Day! Do you need to register to vote before November 6th? Have you checked your registration lately to make sure it's accurate? Today is a great day to do so!

Today is also a great day, apparently, for the world to laugh at the President of the United States, as they literally did at the United Nations General Assembly on Tuesday. Not with Donald Trump, but at him, during his address to the Assembly.

While there, during a joint media avail with the President of Colombia, Trump also took the time to attack the two named women who have accused his U.S. Supreme Court nominee, Brett Kavanaugh, of sexual assault during high school and his first year at Yale. Trump also dismissed the allegations as little more than "a con game being played by the Democrats." That, even as new information continues to buttress the allegations by the women and as the calls grow louder (even from Mormon women) for a full, legitimate investigation of their charges, which the White House and Republicans refuse to ask the FBI for (and which even potential Kavanaugh swing vote Lisa Murkowski (R-AK) now says she'd like to see.)

Meanwhile, Kavanaugh, a longtime GOP operative who claimed during his initial Senate confirmation hearings just weeks weeks ago that "the Supreme Court must never be viewed as a partisan institution", took to the right-wing Fox 'News' air waves on Monday night for a softball interview with his wife, in hopes of defending himself against the growing allegations. He and his first accuser, Dr. Christine Blasey Ford, are scheduled to give testimony before the U.S. Senate Judiciary Committee on Thursday. In advance, the all-white, all-male Republicans on the Committee have announced they are hiring a woman to ask questions of Ford on their behalf, though they won't identify her. They have also now scheduled a committee vote on Kavanaugh's nomination the very next day, on Friday.

At the same time on Thursday, Trump is scheduled to meet at the White House with Deputy Attorney General Rod Rosenstein, the Republican who oversees the Robert Mueller Special Counsel probe into the alleged conspiracy between Team Trump and Russia. The meeting, at which many expect Rosenstein will be fired, follows a misleading exclusive report published by the New York Times charging Rosenstein had suggested secretly taping Trump and recruiting White House staffers to invoke the 25th Amendment early last year. As subsequent reporting by other outlets reveals, however, Rosenstein was reportedly being sarcastic with his comments, according to people who were actually at the meeting in question. Nonetheless, we are still barreling toward a potential Constitutional Crisis as early as Thursday, thanks in no small part to the pretext for firing Rosenstein --- and perhaps Mueller, shortly thereafter --- äs provided by the Times' reporting.

We're joined today by former Media Matters media critic, author and political writer ERIC BOEHLERT of ShareBlue to discuss both of these stories and where they may be headed, as well as for some insight into what the hell is wrong with the New York Times.

On the Supreme Court, Boehlert says, among many things of note today: "With Merrick Garland, and with Kavanaugh, the Republican Party in 18 months is this close to demolishing the legitimacy of the United States Supreme Court. That has huge implications, not just for law and justice, but for an authoritarian like Trump. Because corrupting the high courts is always a goal of any authoritarian, just like de-legitimizing the free press."

As to his analysis of the "institutional problems" at the Times, you'll have to tune in for details, but he notes: "There does seem to be a pattern. When they get things wrong, they get things wrong in a way that helps Republicans."

Finally today, Desi Doyen joins us for our latest Green News Report, as the impacts of Hurricane Florence continue in the Carolinas two weeks after landfall, including new evacuations, more record flooding, the toxic release of coal ash into North Carolina waters, and the media failure to connect the climate change dots to all of it. She also offers a bit of good news for us today, for a change, out of Cleveland, OH! So there's that!...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Legal reporter Mark Joseph Stern of Slate...
By Brad Friedman on 9/24/2018 6:35pm PT  

Today's BradCast was perhaps best characterized by TV writer Jordon Nardino who tweeted on Sunday night: "Next week has been exhausting." [Audio link to show is posted below.]

Monday provided a bit of a fire drill for the upcoming Constitutional Crisis, when it looked like Deputy Attorney General Rod Rosenstein, who oversees Robert Mueller's Special Counsel investigation into Team Trump's alleged conspiracy with Russia in 2016, appeared to be about to be either fired or forced to resign. That moment, for now, will likely not happen now until Thursday, when he is set to meet with Donald Trump at the White House after the President's appearance this week at the U.N. General Assembly.

The showdown with Rosenstein comes on the heels of what appears to be a somewhat misleading exclusive published last Friday by the New York Times, reporting that Rosenstein "suggested" using the 25th Amendment to remove Trump from office during a meeting at the Department of Justice last year, in the chaotic days after Trump fired FBI Director James Comey in his attempt to end the FBI's Trump/Russia investigation. Rosenstein, according to follow-up reports from other outlets quoting a source said to have actually been in the room at the time of the conversation in question, is said to have been sarcastic when mentioning wearing a wire to record the President.

Also coming up this Thursday, if all goes as currently scheduled, Dr. Christine Blasey Ford is set to testify before the U.S. Senate Judiciary Committee after a weekend of negotiations with Senate Republicans following her accusation of sexual assault by U.S. Supreme Court nominee Brett Kavanaugh when they were both in high school. Over the weekend, and into Monday, several other allegations of assault (we're up to four now) by Kavanaugh in high school and college, vague or otherwise, have begun to surface.

We're joined today by Slate's Supreme Court and legal reporter MARK JOSEPH STERN to try to make sense of all of these quickly developing stories. In the Rosenstein saga, Stern details his concerns about Trump's Solicitor General Noel Francisco, who would be next in the line of succession to become Acting Attorney General overseeing the Mueller probe if Rosenstein is removed from his post. He describes Francisco as a huge Trump supporter, who has simply made up stuff out of whole cloth, even while arguing before the U.S. Supreme Court. Stern explains why Francisco would be very likely to try and shut down the Special Counsel probe if given the opportunity.

"He is an extremely unscrupulous, unethical and dishonest man," he tells me. "To let this guy, who would lie whenever it's convenient for him, control this investigation --- it's a recipe for disaster."

We also discuss why Republicans are in a desperate state of panic to install Kavanaugh as quickly as possible on their already-stolen SCOTUS. Among the reasons cited by Stern are both the odds of Republicans losing their majority in the Senate this November and a number of cases important to Rightwingers that are to be heard by the Supremes when they begin their new term on October 1. A 4-4 tie in several of those cases would be likely to benefit progressives.

"They've got to squeeze it all in while they still have that one-vote majority" in the Senate, he explains. "Now they just have to cross this final finish line, shove these accusers to the side and get this man on the bench for life."

Stern also responds to the claims by many on the right who suggest Kavanaugh should not be held accountable for his behavior as a 17-year old. That assertion, however, is at odds with how courts deal with crimes by 17-year olds who aren't nominated for lifetime appoints to the Supreme Court.

Stern, who happens to be a licensed attorney in the state of Maryland, also speaks to the weekend claim by Sen. Lindsey Graham (R-SC) that the crimes alleged to have been carried out by Kavanaugh in MD 36 years ago could no longer be prosecuted. Stern argues that is not true and local law enforcement officials in the state seem to concur.

Finally, as Rosenstein appears to be targeted for removal, as early as this week, we share a new song by Ben Folds, recently published by Washington Post Magazine, inspired by a derisive name Trump is said to use when referring to the Deputy Attorney General: Mr. Peepers - The Ballad of Rod Rosenstein...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Disaster historian Scott Knowles; Also: Kavanaugh's accuser is willing to testify next week under certain conditions...
By Brad Friedman on 9/20/2018 6:51pm PT  

On today's BradCast: While much of the media have turned away from the continuing --- and, in some cases, worsening --- disaster following Hurricane Florence in the Carolinas in order to focus on the fight over the U.S. Supreme Court (which we cover as well today), flood waters continue to rise, along with the storm's immediate death toll, and new toxic threats and emergencies continue to develop.

On the one-year anniversary of Hurricane Maria's deadly landfall in Puerto Rico --- where some 3,000 U.S. citizens died from the storm and its aftermath --- we're joined by author and disaster historian SCOTT KNOWLES of Drexel University and the Disaster Research Center at the University of Delaware. Knowles says "Trump is wrong," regarding his denial last week of the startling death toll from Maria. He explains the well-established methodology behind its determination, while noting the response "is deeply political. There are winners and losers in the count." Thus, he notes, a similar denial of years of death and disease for first responders after 9/11 and the PTSD suffered by veterans years after wars have ended. "I think we have to talk very clearly and very honestly about the impact of disasters not being confined just to the moment in which they occur."

He offers some of the political and civic history behind focusing on such natural disasters (as Trump and others do) as singular, limited events, not unlike the type of nuclear attack which the federal government set about preparing for in the 1950s and 60s. That work, as Knowles described in a recent New York Times op-ed, gave rise to the birth of social science disaster research. In the 1990s, he explains, that resulted in a "re-think" about what the Federal Emergency Disaster Agency (FEMA) could accomplish under President Bill Clinton, in order to focus on "long term thinking of preparation and community-based preparation" for major disasters, only to see the Agency revert back to its focus on emergency recovery following the 9/11 attacks. "September 11 turned the clock back to 1951," he argues.

As to lessons learned from more recent disasters, such as Hurricanes Harvey and Maria last year and Florence this year, Knowles cites the U.S. construction industry as one of the most politically powerful at the state and local level, helping to ensure that well-understood threats, like those linked to the impacts of global warming, too often take a back seat to commercial development. "The fact is that the most powerful lobby in any statehouse across the country is the construction industry. They call it the 'FIRE sector' --- finance, insurance, and real estate. I call it the 'finance-construction complex.' There are very, very strong, deep-pocketed interests in building, and that's across the country," he tells me. "Those rules are handled almost entirely at the state and local level. So federal policy can change, but it will still have a lot of trouble telling Georgia, the state of North Carolina, the state of South Carolina, what they can and can't allow along the coastline, or in California, what they can and can't allow along a wildfire corridor."

Knowles also sees "an emerging consensus in emergency management" that we are likely to soon see proposed changes to certain disaster warnings and metrics, such as the Saffir-Simpson scale that categorizes hurricanes from 1 to 5. He argues the scale "is now in the way of effective risk communication," as it has become increasing unhelpful and arguably counter-productive for the public in appreciating the real and immediate threats posed by storms in a climate changed world.

"We have to get very serious about the issue of environmental protection and not just acting like disasters are just aberrant things that are only going to happen once in awhile," says Knowles. "The coal ash and the animal waste in North Carolina --- that's a huge environmental nightmare, but you can find a nightmare like that waiting in all fifty states."

Next, an update and a few thoughts on the battle over U.S. Supreme Court nominee Brett Kavanaugh and whether Dr. Christine Blasey Ford, who has accused him of sexual assault in the 1980s, will testify before the U.S. Senate Judiciary Committee next week. Ford's attorney now says she is willing to do so --- though not by the Monday deadline arbitrarily set by Senate Republicans --- presuming "terms that are fair and which ensure her safety." For his part, Judge Kavanaugh has reportedly spent three days this week attending practice sessions at the White House for his response to the Committee. But, if he is completely innocent of the charges as he claims, why is so much practice actually necessary? We discuss.

Finally today, Desi Doyen joins us for the Green News Report with the latest on the growing toxic toll of Hurricane Florence, the long road of recovery that lies ahead, and this week's announcement by Trump's Interior Department of still more rollbacks to methane regulations, despite the impact of the greenhouse gas on climate change and the natural disasters like Florence that it helps to super charge...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Also: Toxic environmental disaster begins after Florence; AL SoS sued for Twitter blocking; Bad news for 'dark money', good news for voters...
By Brad Friedman on 9/19/2018 6:42pm PT  

On today's BradCast: Except for our Florence coverage, it's all about November 6th, including the GOP's rush to seat another alleged sexual predator on the U.S. Supreme Court. [Audio link to show follows below.]

First up today, a quick update on the still-ongoing disaster of Hurricane Florence, with the human death toll rising to 37 and the poultry and pork death tolls in the millions, after three feet of rain fell on parts of the Carolinas, thousands remain in shelters, and the environmental disasters --- including toxic human waste and animal waste now streaming into swelling rivers and floodwaters --- may just be beginning.

Next, the reason why Republicans are in such a panic to minimize the allegations of attempted rape by Brett Kavanaugh, their nominee to the U.S. Supreme Court, in any way they possibly can in advance of the quickly arriving November 6th midterm elections. That minimization includes avoiding both time and an FBI investigation at any cost. The White House could have already requested one, which Sen. Orrin Hatch (R-UT) insisted was "the very right thing to do" --- at least during Senate Judiciary Committee hearings on the 1991 sexual harassment allegations by Anita Hill against then-nominee, now-Supreme Court Justice Clarence Thomas.

Then, you may recall at the beginning of the year I reported on a strange conversation I had on Twitter with Alabama's Sec. of State John Merrill regarding the state's voting systems, resulting in Merrill blocking me on the social media site. It wasn't the first time Merrill had blocked election experts or journalists or his own constituents. But, even after a federal court later in the year found that Donald Trump was violating the First Amendment rights of his constituents by blocking them on Twitter, Merrill still refused to unblock anybody. A query to his office about that, just before the state's May primary elections, resulted in a bizarre and unhinged exchange via phone and email with the Secretary. Today, Merrill is being sued by the ACLU of Alabama for violating his constituents' First Amendment rights for blocking them and, of course, that means that AL taxpayers will likely be on the hook to pay for the so-called "conservative" Merrill's knowingly unconstitutional behavior.

Also, speaking of transparency and the rule of law, the U.S. Supreme Court, just weeks before the 2018 midterms, has allowed a lower court ruling on "dark money" to take immediate effect, meaning that some political non-profits will now have to disclose the names of wealthy donors who spend more than $200 per year in hopes of buying elections. The Koch-sponsored hit squads, including their ringers on the FEC, are none too happy it.

Finally, we've got some good news for voters in California, where the Governor has now signed a bill requiring election officials to notify voters when local officials believe signatures on Vote-by-Mail ballots don't match the one on their registration file. Such voters will now be notified at least eight days before any results are certified, so they have a chance to fix the problem, which could happen for many reasons, before the ballot is simply discarded (as tens of thousands have routinely been tossed in previous elections).

Also, good news for Democrats in Wisconsin, where the "gold standard" of Wisconsin polling outfits finds divisive, two-term Republican Gov. Scott Walker now trailing Democrat Tony Evers in this year's Gubernatorial race.

And, in Kansas, yet another top former Republican official has endorsed Laura Kelly, the Democratic candidate for Governor, in her race against controversial GOP nominee Sec. of State Kris Kobach...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Guest: Journalist David Dayen; Also: Florence flooding and nuclear threat; Manafort guilty plea; MA NatGas explosions; 10 years after the crash...
By Brad Friedman on 9/14/2018 6:51pm PT  

On today's BradCast, as my producer Desi Doyen likes to say, we once again attempt "to squeeze a 10 pound show into a 1 pound bag." [Audio link to show follows below.]

First up, the latest on Hurricane Florence, now downgraded to a tropical storm but wreaking extraordinary havoc, storm surge, flooding, hundreds of rescues and now at least five deaths. The monster storm has largely stalled over the Carolinas to dump, according to one meteorologist, 10 trillion gallons of rainfall, or enough to fill more than 15 million Olympic-size swimming pools.

Also today, Donald Trump's former campaign chair Paul Manafort finally pleaded guilty in a deal to cooperate with Special Counsel Robert Mueller that requires him to cooperate on the Trump/Russia investigation and, as Marcy Wheeler describes, is "pardon proof".

Next, an update on the still-unexplained natural gas explosions that set dozens of homes ablaze north of Boston, a story which broke at the very end of yesterday's BradCast.

Then, a brief followup on the reported widespread problems with voter registrations in New York during their state and local primaries on Thursday, the final primaries of the season before the crucial 2018 midterm elections in November. Those reported failures for some voters at polling places helped underscored at least one of the important outcomes from Thursday's contests.

We're joined by The Intercept and New Republic contributor DAVID DAYEN to discuss reported results out of New York, where progressive actress and activist Cynthia Nixon challenged two-term Democratic Gov. Andrew Cuomo and progressive Fordham University law professor Zephyr Teachout vied for the Democratic nod to become the state's next Attorney General. Alas, those underdog progressive upstarts on the statewide ballot were unsuccessful, though, as Dayen reports, Teachout was undermined by a rightwing Democratic Congressman who, he tells me was likely "placed in there to depress Teachout's upstate numbers on behalf of Wall Street special interests."

Still, he says, both challenges managed to force Cuomo and his party to the left on a number of important matters already. That move to the left was more of a lurch, however, at the state Senate level, where 6 of 8 members of the so-called Independent Democratic Conference (or IDC, a group of corporate Democrats who had caucused with Republicans in the Senate, giving the GOP control of the otherwise Democratic-majority body) were turfed out by progressive challengers. That, Dayen argues, is likely to result in a huge difference in the legislation enacted by a state legislative body that has been blocked for years, with Cuomo's help, from adopting a number of long-overdue progressive reforms on everything from healthcare to fiscal matters to New York's antiquated election laws.

"There was this host of progressive legislation that was clogged in the state of New York because of Republican control of the state senate, which was facilitated by Democrats. It's confounding that this went on for so long!," he observes."Andrew Cuomo is a throwback to the New Democrats, the Clinton era. And he believes that if he was forced to sign progressive legislation, it would hurt his ultimate ambition, which is the presidency. He's still stuck in a 1990s mindset that you can't go any further left than, I guess, 'midnight basketball' laws in order to win the Presidency."

And, as primary season voting is finally now wrapped up, we discuss the various ways in which voters and broadly diverse candidacies have helped to redefine the Democratic Party over the past year. "The Democratic Party is one of the more diverse parties at this point in history that we've seen, certainly ever in America, maybe elsewhere. Representation absolutely matters. The people who are the workhorses of the Democratic Party --- women, people of color --- want to see themselves represented in the leadership that is going to carry the party forward."

Also, on this week's 10th anniversary of the 2008 global financial meltdown, Dayen, author of the widely acclaimed Chain of Title: How Three Ordinary Americans Uncovered Wall Street's Great Foreclosure Fraud, explains how even a decade later no real accountability has ever been brought to the elite who caused the crisis and how even Barack Obama's own Treasury Secretary was allowed to undermine him in a way that is not dissimilar to the actions discussed in the recent anonymous New York Times op-ed regarding a "resistance" inside the Trump Administration.

Dayen also discusses several other way in which the ramifications of the Wall Street bank bailouts still reverberate throughout the American body politic, by "set[ting] the table for demagogues. And that's what happened in 2016."

Finally today, some details from concerned scientists on the nuclear plants currently threatened by the massive flooding of Florence, specifically, the Duke Energy-owned Brunswick plant in North Carolina which houses two reactors almost identical to the GE-designed reactors which melted down after power-outages following the 2011 tsunami-caused flooding in Japan...

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Trump's dark week gets darker; Dems nix SCOTUS nom meetings; Majority of Repubs support 'Medicare for All'; Very bad polling news for GOP; GA county poll closure scam falls apart; Hurricane Lane threatens Hawaii...
By Brad Friedman on 8/23/2018 6:30pm PT  

Like the news cycle, we're all over the place on today's BradCast with politics, accountability and corruption news, democracy and voting news, green news and court news and much much more. [Audio link to show follows below.]

Among the many stories covered today...Some Democratic Senators are now refusing to meet with Donald Trump's U.S. Supreme Court nominee Brett Kavanaugh, following the convictions of Trump's campaign chair Paul Manafort and the guilty pleas of his personal lawyer/fixer Michael Cohen, implicating the President himself in a conspiracy to commit serious criminal campaign finance felonies.

On related fronts today: Trump has now finally admitted (after years of lies about it by him and his staff) that he did, in fact, make hush-money payouts to women before the 2016 election; Cohen's lawyer Lanny Davis offers more details on what his client may know regarding Trump's early knowledge of hacked DNC emails before they were released in 2016; and Trump's longtime friend David Pecker [pictured above], who runs the National Enquirer and helped kill stories about Trump's mistresses, is reportedly now cooperating with Special Counsel Robert Mueller after being granted an immunity deal.

Also, a Trump-supporting juror from the first Manafort trial says there was only one person on the jury who prevented him from being found guilty on all 18 counts of tax and bank fraud, versus the 8 on which he was found guilty. A mistrial was declared on the 10 other counts.

A new Reuters poll today finds that more than 70% of Americans now support a "Medicare for All" styled universal healthcare program, including a majority of Republicans. And a new poll from Fox "News" offers an avalanche of bad news for Trump and Republicans in advance of the 2018 midterm elections. (For example, Mueller is more popular than Trump by double-digits, and other numbers that may spell trouble in November.)

Speaking of which, following a public outcry, Randolph County, Georgia, whose two-person Board of Elections is set to vote on a proposal to close 7 of 9 polling places before the November election in the majority African-American county, now admits it has no evidence to support the claim that those precincts need to be closed due to violations of the Americans with Disabilities Act (ADA). Moreover, it has now fired the consultant --- hired on the recommendation of GA Sec. of State Brian Kemp (the Republican nominee for Governor this year) --- who urged the poll closures at, what he initially said, had been Kemp's recommendation.

Finally, Desi Doyen joins us for our latest Green News Report on the Trump EPA's deadly new proposed rule to replace Obama's landmark "Clean Power Plan", the Administration's spate of recent court failures blocking their attempts to overturn environmental protections, and the latest news on Hurricane Lane which is bearing down on Hawaii and threatening record rainfall among other potential dangers which, the Governor warns, could cripple the island for several weeks...

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Guest: Salon's Heather Digby Parton; Also: Primary results from WY, AK; Hurricane bears down on HI; Rep. Duncan Hunter, wife indicted on 60 counts of fraud, campaign finance violations...
By Brad Friedman on 8/22/2018 6:45pm PT  

On today's BradCast, the fallout, both political and legal, continues today after the extraordinary news events of the past 24 hours, when Donald Trump's former campaign chair Paul Manafort was found guilty of eight federal felonies and the President's longtime personal attorney and 'fixer', Michael Cohen, pleaded guilty to another eight, including two that implicate Trump in a serious criminal campaign finance violation conspiracy related to hush-money payoffs made to two women just before the 2016 election. [Audio link to show follows below.]

But all of that wasn't the only bad news for Trump and Republicans yesterday. Late on Tuesday, Rep. Duncan Hunter (R-CA) and his wife were indicted on 60(!) astonishing counts of fraud, conspiracy and campaign finance violations. Hunter was the second member of Congress to support Trump's 2016 run for President, after Rep. Chris Collins (R-NY), the first in the U.S. House to endorse him, was federally charged earlier this month with insider trading. Hunter's indictment may not be all that surprising if one is familiar with his (and his father's) track record of lying to the public. His previously-believed-to-be "safe" Republican House seat in his San Diego Congressional District may now be in peril.

All-in-all, it's starting to feel a whole lot like 2006, when a similar avalanche of failures and corruption by a GOP Administration and a scandal-ridden Republican House resulted in a "blue wave" election in November.

We're joined again today by Salon and Hullabaloo's award-winning opinion journalist HEATHER DIGBY PARTON, as we try to make sense of what feels, in her words, like "the weirdly unfamiliar impression that something real and recognizable had happened".

We discuss the fallout from the Manafort and Cohen guilty verdicts and pleas, including the new subpoena Cohen received today from the state of New York in the case against Trump's phony charitable foundation, and the remarkable statement from Cohen's attorney Lanny Davis last night, that his client "has knowledge on certain subjects that should be of interest to the special counsel," regarding Team Trump's infamous 2016 Trump Tower meeting with Russians and the "computer crime of hacking" that year. Davis now says Cohen is "more than happy to tell the special counsel all that he knows."

"Digby" shares her thoughts on what surprised her from the Cohen plea deal, what all of this may mean for the President, the GOP and Democrats just over two months out from the crucial 2018 midterms and for Brett Kavanaugh, Trump's nominee to the U.S. Supreme Court.

Also today, a rare, if very dangerous, Category 5/4 Hurricane Lane bears down on Hawaii and we cover noteworthy results from Tuesday's primary elections in very Republican Wyoming and occasionally-independent Alaska, where a three-way race for Governor could result in a Republican win this November...

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And other news, both good and bad, around the country and world, 78 days out from the midterm elections...
By Brad Friedman on 8/20/2018 6:30pm PT  

On today's BradCast: Some good news and bad for voters in New Hampshire and Georgia. Bad news for breathers. And Donald Trump has the worst. Attorney. Ever. [Audio link to show follows below.]

Among the many stories we cover on today show...

  • A federal court has struck down New Hampshire's law that allowed local election workers, without expertise in hand-writing analysis, to toss absentee ballots, essentially, due to bad penmanship. The law had allowed officials to disenfranchise voters --- without notice or time to cure the problem --- if they judged a signature on an absentee ballot does not match closely enough with the signature on the voter's absentee ballot application form. We discuss the story of one of the plaintiffs in the case, 94-year old, legally blind Mary Saucedo, whose 2016 Presidential election ballot was tossed, without her knowledge, until she was contacted by the ACLU months after the election. This is a problem with absentee vote-by-mail ballots in many states. The good news is, it may stop in NH, at least.
  • A two-person county election board in Randolph County, Georgia will vote this Friday on a scheme to close 7 of 9 precincts for this November's crucial midterm elections in the rural, poor, predominantly African-American county. There is no public transportation in most of the county, where many do not own cars. The closures would result in some voters needing to walk three and a half hours to cast their votes, the ACLU of Georgia argues. Voter registration at one of precincts to be shuttered is 97 percent black. That, in a year when Georgia could elect the nation's first African-American female governor, Democratic nominee Stacey Abrams.
  • The blistering summer of record heat, fire, flooding and related deadly disasters continues around the globe. Monsoon rains have, so far, killed hundreds and dislocated more than 800,000 in the southern Indian state of Kerala. That story underscores, yet again, the horrible if expected news that...
  • The Trump Administration is set to announce a plan this week which would roll back President Obama's "Clean Power Plan" which would have, in accordance with the Paris Climate Agreement, greatly curbed carbon dioxide and other deadly emissions from coal-fired power plants. The Trump EPA scheme would allow states to devise their own plans for emissions reductions at coal plants. Where Trump's plan would result in the equivalent of 2 to 5 million cars being taken off the road, Obama's would have removed the equivalent of 75 million vehicles and more than 265 million metric tons of CO2 from the atmosphere. The reduction of carcinogens that cause diseases such as asthma and lung cancer in the Obama plan similarly dwarfs the toxins expected to be reduced by Trump's plan, which the dying (and deadly) coal industry is applauding today.
  • Finally, Rudy Giuliani may be the worst lawyer ever. And his client, the President of the United States, deserves him. We discuss Giuliani's already-infamous "truth isn't truth" statement on NBC's 'Meet the Press' on Sunday, and what the documented truth actually is, regarding the Trump Campaign's 2016 Trump Tower meeting with a Russian government-allied attorney said to have been promising dirt on Hillary Clinton that year. Giuliani's gob-smacking admissions that Team Trump committed a crime in 2016 by meeting with the Russian attorney "for the purpose of getting information about...Clinton" --- along with his evidence-defying claim that "she didn't represent the Russian government" and that Team Trump may not have known "that she was Russian at the time" --- will certainly be of note to Special Counsel Robert Mueller's probe into the alleged conspiracy to manipulate the 2016 Presidential election...

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Guest-host Angie Coiro w/ 'Gaius Publius' (Thomas Neuburger); Also: Keeping the arts alive in the era of Trump, w/ David Gans, Meredith Hagedorn, Ronit Widmann-Levy...
By Angie Coiro on 8/17/2018 6:12pm PT  

Today's BradCast is guest hosted by me, Angie Coiro, host of In Deep with Angie Coiro.

The Toddler-in-Chief gives us all more fodder than we can stand for a news review: telling Vietnam vets they can’t tell the difference between napalm and Agent Orange; doubling down on pulling security clearances, because anyone dared challenge his authority to do so (those puny blowhards in the military and from the CIA!); and blaming everyone but himself for the skyrocketing price tag of his vanity parade. He showed us! He'll go to Paris and look at their parade, and buy himself some new fighter jets.

Then it's 'GAIUS PUBLIUS' - or rather, THOMAS NEUBURGER, who’s now publishing his commentaries under his real name. You may know his prolific work at Down with Tyranny. He's asked some provocative questions about unions vs. liberals, and how the Democrats fit into that picture. Just as we were speaking, word came down about Trump threatening to pull Bruce Ohr's security clearance. He had some choice words about that, too.

Finally: how arts groups and independent performers are navigating the dual challenge of diminishing funding and politically divided audiences. DAVID GANS is an itinerant independent musician; MEREDITH HAGEDORN founded the small, eclectic Dragon Theatre in a Silicon Valley suburb; and RONIT WIDMANN-LEVY is Director of Arts and Culture at the Oshman Family JCC , a multiple-venue events space. They all face different hurdles keeping their art vibrant.

Download MP3 or listen online below...

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Guest: Salon's Heather Digby Parton; Also: KS GOP Gubernatorial primary counting fight update; MO Repubs elect another Nazi; Interior Sec. Zinke says environmentalists are 'terrorists'...
By Brad Friedman on 8/14/2018 6:22pm PT  

On today's BradCast: Our long 'Digby' drought is finally over! [Audio link to show follows below.]

But, first up today, an update on the ongoing counting from (and fights over) last week's incredibly close GOP gubernatorial primary in Kansas between Sec. of State Kris Kobach and Gov. Jeff Colyer, who is accusing Kobach's deputy of giving incorrect instructions to counties regarding the counting of provisional ballots. Some 9,000 provisionals are now being processed as Kobach leads the current unofficial count by just over 100 votes out of some 311,000 cast last week. The latest battle is over whether provisional ballots cast by unaffiliated voters who did not officially declare a party affiliation at the polls (because poll workers failed to instruct them to do so) should be included in the tallies. Colyer's office argues yes. Kobach's deputy --- who is overseeing the post-election canvas following Kobach's recusal --- says no. We explain both positions.

Meanwhile, in neighboring Missouri last week, Republican voters in Clay County appear to have elected a huge Hitler fan, by a very large margin, as their nominee for the state House of Representatives. Earlier this year a former member of the American Nazi party won the GOP nomination for the U.S. House of Representatives in a Congressional district outside of Chicago.

Then, as the defense rested Tuesday without bringing forward any evidence or witnesses in the first of two federal indictments against former Trump Campaign chairman Paul Manafort, we're joined by HEATHER DIGBY PARTON of both Salon and Hullabaloo, to catch up on a number of stories boiling over from within the Trump Scandal Swamp.

Most notably, she explains her recent spot-on observation that the Whitewater scandals during the Clinton Presidency, rather than Nixon's Watergate scandal, may offer "a better window into the current behavior of the Republican Party" when it comes to their denial of and outrageously partisan attacks on Special Counsel Robert Mueller's investigation into alleged Team Trump/Russia coordination in the 2016 Presidential election.

After drawing apt comparisons to Watergate (and there are plenty), Parton moves to Ken Starr's Whitewater investigation. "What the Republicans did in that era --- it was kind of the beginning of this 'scorched earth' partisanship that we see today. They brought all hands on deck to go after Bill Clinton, starting in 1992," she says. After which, "they started to use this scandal-mongering as a political weapon. This became their weapon of choice."

Thus, she concludes, "that's how they're viewing the Russia scandal. They are portraying it to their people as a partisan weapon, that 'They're using all of this to damage Trump, there's no substance to it!' In their view, they can convince their people that this is how scandals work because that's what they do" in their own so-called investigations, which really are, more often than not, the "witch hunts" that Trump and Congressional Republicans characterize the probe by Mueller (a lifelong Republican) to be.

While we're in the swamp, we also discuss the Manafort case, Trump's Dept. of Justice firing of senior FBI counter-intelligence official Peter Strzok (who oversaw the beginning of the Trump/Russia investigation in 2016) on Monday, and the importance (or lack thereof) regarding sensational new allegations being made by fired White House staffer and former TV reality star Omarosa Manigault Newman this week, in conjunction with the release of her new tell-all book.

Finally, we're joined by Desi Doyen for our latest Green News Report in which, among other things, we discuss more record heat and fires threatening national parks and forests, the Trump Administration's efforts to use those disasters to cripple the Endangered Species Act and help out the logging and farming industries, and Interior Secretary Ryan Zinke's on-tape charge that "environmental terrorist groups" are to blame for massive record wildfires currently engulfing large areas of the West...

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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Recognizing the 'gravity and importance' of right to an accurate count, court directs parties in lawsuit to focus on 'practical realities' of converting to hand-marked paper ballot system within 3 months...
UPDATE: Court schedules hearing for Sept. 17; rejects defense motions to dismiss...
By Ernest A. Canning on 8/13/2018 10:46am PT  

Plaintiffs in a Georgia lawsuit seeking to force the state to move to a hand-marked paper ballot system in time for this year's midterm elections, promise to produce expert testimony to the court, demonstrating that "Georgia's voting system is a catastrophically open invitation to malicious actors intent on disrupting our democracy."

The Coalition for Good Governance and a group of multi-partisan individual plaintiffs filed a motion [PDF] on July 31, seeking a preliminary injunction in the federal case, to prevent Georgia from conducting this year's midterms on the state's notorious Diebold AccuVote TS (touchscreen) Direct Recording Electronic (DRE) voting machines. Instead, plaintiffs seek an order that Georgia's election officials utilize, for in-person voting, the same already-certified, Diebold paper ballot-based optical-scan system currently used for tabulation of the Peach State's absentee ballots.

Last week, U.S. District Court Judge Amy Totenberg ordered an expedited briefing schedule on plaintiffs' motion to compel the State of Georgia to adopt this simple method for conducting a verifiable paper ballot election on November 6, 2018.

The plaintiffs cite a massive body of scientific evidence finding the 100% unverifiable Diebold touchscreen systems as essentially electronic black holes, prone to unintended systemic failures and vulnerable to all manner of undetectable malicious manipulation by insiders or anyone else who acquires minimal access to the system or any of its machines. They also point to evidence that the statewide system was previously compromised via the Internet. Plaintiffs argue the 16-year old system deprives the electorate of their constitutional right not only to cast a vote but to have their vote accurately counted.

Recognizing "the gravity and importance of the constitutional issues," the court directed the parties (principally GA Secretary of State Brian Kemp, the state's GOP nominee for governor), as well as the plaintiffs to address "the practical realities surrounding implementation of the requested relief in the next one to three months." Judge Totenberg asks defendants to address the "practical realities" issue in a response by August 14. Plaintiffs' reply is then due by August 20.

The question before the court is monumental and could help set a precedent across the country in other jurisdictions where voters are forced to use unverifiable touchscreens on Election Day, rather than a paper ballot system that is already available via the absentee systems used in all 50 states.

As we documented last year, in "Why Do Georgia Election Officials Insist on 100% Unverifiable Elections?", if the court issues the preliminary injunction, November 6, 2018 would mark the first time in more than a decade and a half that the State of Georgia will have held an election in which it will be possible for human beings to verify or refute the accuracy of an electronic vote tally, thanks to the use of hand-marked paper ballots...

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




Guest-host Angie Coiro with Annie Laurie Gaylor and Dave Johnson...
By Angie Coiro on 7/30/2018 6:38pm PT  

On today's BradCast, you won't hear Brad or Desi --- because you'll be very busy hearing me. I'm the host of In Deep with Angie Coiro.

You may have been fooled for a second --- nah, you're too smart --- but casual observers might mistake Jeff Sessions' announcement of a new DOJ "Religious Liberty Task Force" as an effort to address genuine hate crimes, including attacks on Muslim Americans, Jewish Americans, and Sikh Americans. But of course not. He made it clear it’s about bakers afraid of serving LGBTQ customers, or taxpayers having to support icky women – that sort of thing. ANNIE LAURIE GAYLOR is co-president of the Freedom From Religion Foundation. She puts this latest news in the wider context of Trump’s pro-Christian pandering. While we're at it, we look at how bad for basic civil rights Brett Kavanaugh would be on the Supreme Court.

More news headlines, then DAVE JOHNSON of Seeing The Forest ponders how the concepts of markets, capitalism, and socialism get contorted by propaganda. Even respectable journalists fall victim...

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Guest-hosted by Angie Coiro with Gary Ferguson; John R. Platt; Jodi Jacobson; Barry Lynn...
By Angie Coiro on 7/27/2018 7:56pm PT  

On today's BradCast, I'm sitting in for Brad and Desi. Nice to be back!

Today's news roundup includes this eternal riddle: is the tendency to be loathsome genetic? C.f. Trump, Trump Jr.: a deconstruction of yet another lying tweet, this time about market growth. Hint: again, TrumpCo trumpets financial news that only benefits the very few.

More news: Facebook's market drop sets a record – in fact, there’s so much going on with Facebook it's sprinkled throughout the show. A nod to an excellent Charles Pierce column in Esquire. And something small but wonderful on the medical marijuana front: a jury in Dublin Georgia solemnly listened to the case against Javonnie McCoy, who admitted he had marijuana for personal medical use. And yes, that's against the law. And the jurors shrugged and sent him home anyway. Seems they couldn’t get a head of steam up about a nice guy who wasn’t hurting anyone.

GARY FERGUSON, author of Land On Fire, joined me to tie the California conflagrations to global warming. This is a twofer: I include an earlier conversation I had with him on In Deep, explaining how the costs of a regional disaster become everyone's financial problem.

JOHN R. PLATT, editor of The Revelator, delves into a story that's too low-profile: shockingly high numbers of attacks on and Rewire News, tallies up what’s happening in legal and political realms on repro justice issues.

Lastly – it's Facebook again. Freedom from Facebook, a project of the Open Markets Institute, is one of a number of groups working to force Facebook to reform. BARRY LYNN, Executive Director of the Institute, explains how laws already in place can be used to make Facebook a better corporate citizen --- and help save news organizations at the same time.

Download MP3 or listen online below...

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

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

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

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

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

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

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

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

CLICK TO LISTEN OR DOWNLOAD SHOW!...

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