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Latest Featured Reports | Sunday, March 18, 2018
Trump Turns to Torture:
'BradCast' 3/16/18
CIA nom oversaw unlawful waterboarding, destruction of evidence at U.S. secret prison; Also: Trump brags about lying; More good 2018 news for Dems; Rep. Louise Slaughter RIP...
Senate Dems Vote to Gut Dodd-Frank, Other Disasters: 'BradCast' 3/15/18
Guest: Bart Naylor of Public Citizen; Also: New Russia sanctions, FL bridge collapse, TX chemical explosion, MUCH MORE...
'Green News Report' 3/15/18
  w/ Brad & Desi
U.S. may soon have its first climate science denying Sec. of State; Global water crisis; Black lung returns; LEGO goes greener; PLUS: Ice wall failing, 7 years after Fukushima disaster...
Previous GNRs: 3/13/18 - 3/8/18 - Archives...
Spinning v. Winning: BradCast 3/14/18
Nail-biter (and unverifiable) US House special election results in PA-18; Student gun safety walkouts; ICE busted as spokesman refuses to lie, steps down...
'Green News Report' 3/13/18
Admin finds EPA regs save money; CO Repubs choose oil/gas over public health; Int. Sec. protects public lands in home state; PLUS: 3rd Nor'easter in 10 days...
Battling Barcoded 'Paper Ballots' in GA, L.A., Every-where Else: 'BradCast' 3/12/18
Guest: Jennifer Cohn on deceptive dangers computer-marked 'paper ballots'; Also: Callers on that, Kim/Trump...
New Threat to Democracy: Barcodes, Ballot Marking Devices ('Electronic Pencils')
Unverifiable touchscreen DREs being phased out, replaced with unverifiable touchscreen BMDs...
Sunday Toons: 'Pick a Distraction'
The Trump Administration has a lot of problems. They also have a lot of things they hope will distract you from them, as PDiddie's latest toon collection reveals...
Trump, Kim and 'The Madman with a Gun': 'BradCast' 3/9/18
Also: White House, EPA waivers allow dozens of "ex"-lobbyists to work on issues related to corporate clients...
Trump Admin's New Report Debunks GOP Deregulation Con: 'BradCast' 3/8/18
Guest: Vox' David Roberts; Also: Trump tariffs; Good voter news for WA, CA; Senators query US voting vendors...
'Green News Report' 3/8/18
Oil co's call for carbon tax; Bad news for elephants; Good news for grid and renewables; Appeals court approves youth climate suit; PLUS: Arctic's warmest year ever...
Just 10 cases of in-person impersonation in all 50 states since 2000...
VIDEO: 'Rise of the Tea Bags'
Brad interviews American patriots...
'Democracy's Gold Standard'
Hand-marked, hand-counted ballots...
Brad's Upcoming Appearances
(All times listed as PACIFIC TIME unless noted)
Media Appearance Archives...
'Special Coverage' Archives
GOP Voter Registration Fraud Scandal 2012...
Felony charges dropped against VA Republican caught trashing voter registrations before last year's election. Did GOP AG, Prosecutor conflicts of interest play role?...

Criminal GOP Voter Registration Fraud Probe Expanding in VA
State investigators widening criminal probe of man arrested destroying registration forms, said now looking at violations of law by Nathan Sproul's RNC-hired firm...

Arrest of RNC/Sproul man caught destroying registration forms brings official calls for wider criminal probe from compromised VA AG Cuccinelli and U.S. AG Holder...

Arrest in VA: GOP Voter Reg Scandal Widens
'RNC official' charged on 13 counts, for allegely trashing voter registration forms in a dumpster, worked for Romney consultant, 'fired' GOP operative Nathan Sproul...

His Super-PAC, his voter registration (fraud) firm & their 'Americans for Prosperity' are all based out of same top RNC legal office in Virginia...

LATimes: RNC's 'Fired' Sproul Working for Repubs in 'as Many as 30 States'
So much for the RNC's 'zero tolerance' policy, as discredited Republican registration fraud operative still hiring for dozens of GOP 'Get Out The Vote' campaigns...

'Fired' Sproul Group 'Cloned', Still Working for Republicans in At Least 10 States
The other companies of Romney's GOP operative Nathan Sproul, at center of Voter Registration Fraud Scandal, still at it; Congressional Dems seek answers...

The belated and begrudging coverage by Fox' Eric Shawn includes two different video reports featuring an interview with The BRAD BLOG's Brad Friedman...

Repub Sec. of State Gessler ignores expanding GOP Voter Registration Fraud Scandal, rants about evidence-free 'Dem Voter Fraud' at Tea Party event...

FL Dept. of Law Enforcement confirms 'enough evidence to warrant full-blown investigation'; Election officials told fraudulent forms 'may become evidence in court'...

Brad Breaks PA Photo ID & GOP Registration Fraud Scandal News on Hartmann TV
Another visit on Thom Hartmann's Big Picture with new news on several developing Election Integrity stories...

The GOP Voter Registration Fraud Scandal reveals insidious nationwide registration scheme to keep Obama supporters from even registering to vote...

Scandal spreads to 11 FL counties, other states; RNC, Romney try to contain damage, split from GOP operative...

Rep. Ted Deutch (D-FL) sends blistering letter to Gov. Rick Scott (R) demanding bi-partisan reg fraud probe in FL; Slams 'shocking and hypocritical' silence, lack of action...

VIDEO: Brad Breaks GOP Reg Fraud Scandal on Hartmann TV
Breaking coverage as the RNC fires their Romney-tied voter registration firm, Strategic Allied Consulting...

After FL & NC GOP fire Romney-tied group, RNC does same; Dead people found reg'd as new voters; RNC paid firm over $3m over 2 months in 5 battleground states...

EXCLUSIVE: Intvw w/ FL Official Who First Discovered GOP Reg Fraud
After fraudulent registration forms from Romney-tied GOP firm found in Palm Beach, Election Supe says state's 'fraud'-obsessed top election official failed to return call...

State GOP fires Romney-tied registration firm after fraudulent forms found in Palm Beach; Firm hired 'at request of RNC' in FL, NC, VA, NV & CO...
The Secret Koch Brothers Tapes...

An entire new decade of government control hangs in the balance...
By Ernest A. Canning on 2/26/2018 11:23am PT  

Don't get me wrong. The bold move by the Pennsylvania Supreme Court in adopting a Congressional map that, according to an analysis cited by the Wall Street Journal, could see PA Democrats picking up as many as six Congressional House seats now held by Republicans, bodes well for those of us who value small "d" democracy and the rule of law.

So does the recent mind-boggling 85-point swing from "red to blue" in Kentucky, where Democrat Linda Belcher, in a Special Election, defeated her Republican opponent by 36 points in a state House district that Donald Trump carried by 49 points in 2016.

There are multiple indices of a public revulsion in response to Republican overreach that is much greater than that displayed in 2008 when Democrats rode a "Blue Wave" to victories that placed them in control of the White House, the U.S. Senate and the House of Representatives.

Last year, polls revealed as little as 12% support amongst the American electorate for Republican efforts to repeal and replace Obamacare. Another poll revealed that only 24% of Americans supported the GOP tax cut measure. (Though more recent polling suggests it's growing in popularity.) This year, a Quinnipiac poll, taken in the wake of the massacre at a Parkland, Florida high school, suggests that 2/3 of Americans have finally lost their patience with NRA-funded Republicans and their feckless "thoughts and prayers".

These surveys suggest a likelihood that Democrats in 2018 can recapture a majority in the U.S. House and potentially even the U.S. Senate --- a result that is critical to fending off the threat to democracy, political and economic equality and the rule of law now posed by the Trump/GOP oligarchic/kleptocratic agenda.

But a number of recent court rulings on extreme partisan gerrymandering reveal that the 2020 election will ultimately be of far greater significance than 2018, and not simply because it will be a Presidential election year…

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

Guest: Redistricting expert Brian Amos on new PA U.S. House map; Plus; Trump's bump-stock ban gimmick; Buying a gun is easier than voting in Florida; Maine GOP's fake news site; The GNR's 9th Anniversary...
By Brad Friedman on 2/20/2018 6:24pm PT  

There is big news out of Pennsylvania again on today's BradCast, concerning the upcoming 2018 mid-term elections. And it appears to be very good news indeed for Democrats. [Audio link to show is posted at bottom of article.]

But first up, Donald Trump announced on Tuesday that he is directing the Dept. of Justice to propose new regulations that, if adopted, would ban the sale of so-called bump stock devices that turn semi-automatic weapons into fully automatic machine guns. That, nearly four months after such devices were used in the massacre that killed 58 concert-goers and wounded some 500 others on the Las Vegas Strip in a matter of minutes in October, and less than one week since a 19-year old gunman killed 17 at the Marjory Stoneman Douglas High School in Parkland, FL, without using a bump-stock, on his legally purchased AR-15 style semi-automatic rifle. The process Trump called for will take months and likely face legal challenges, if it ever results in any such devices being banned for sale. Congress could ban them today, if they wished to. Republicans supported by the NRA however, do not.

At the same time, as we discuss today, it is easier in many states to purchase an AR-15 or similar weapon than it is to cast a vote, including in Florida. While an ID is needed to both register and then to cast a ballot at the polls on Election Day in the Sunshine State, an unlimited number of semi-automatic rifles can be purchased there without any ID or background check at all. And, unlike voter registration in FL, gun sales can be carried out online, completely anonymously, even as GOP lawmakers in the state have made it harder and harder to both register and vote in the state in recent years.

Next, following up on a story we covered in detail on Friday's show, regarding fake news sites (actual fake news sites!) set up to look like real ones by Republican officials across the country to support Republican candidates and attack Democrats. The Executive Director of the Maine Republican Party has now admitted that he is behind the anonymously-run Maine Examiner site which, last December, falsely claimed leaked emails of the Democratic candidate for mayor in Maine's second largest city called voters a "bunch of racists". Days later, after the fake news story took off, that candidate, Ben Chin, is said to have lost his election by just 145 votes to the Republican. While many are worried about Russians posing as Americans to post attacks on social media in support of Republicans and attacking Democrats --- using fake claims about "voter fraud" taken directly from GOP outlets like Fox 'News' and Breitbart --- this new scheme by GOP officials (from coast to coast) to create fake news websites in support of Republican candidates should be very troubling for Dems in advance of the 2018 mid-terms.

But, there is some better news today for Democrats in Pennsylvania where, after the Republican-controlled state legislature failed to draw "fair and equal" U.S. House maps, as ordered by the State Supreme Court, the Court itself released its own map to be used in the 2018 election. The commonwealth's primaries are set for May, with candidates beginning their signature gathering process in days.

The new map follows a finding by the state's high court in January that the map drawn by the GOP-controlled legislature in 2011 was an unlawful partisan gerrymander under the state constitution. The previous map resulted in Democrats holding just 5 of the state's 18 U.S. House seats election after election, in what is otherwise a largely 50/50 state (with nearly half a million more registered Democrats than Republicans.)

We're joined today to discuss the new map, and what it is likely to mean for Democrats, Republicans and the rest of the country where many other partisan gerrymanders will still remain in effect this year, by redistricting expert BRIAN AMOS of the University of Florida. Amos, a PH.D. candidate specializing in the intersection of geography and politics, served as an analyst for the Florida team that was the first in the nation to successfully challenge a Republican drawn district plan in state court on partisan gerrymandering grounds.

Amos details the expected effect of the new PA map, drawn up by the court and released on Monday, which is expected to result in at least 3 or 4 more Democrats in the U.S. House, even though Trump won in 10 of the new districts in 2016, while Hillary Clinton won only 8 of them.

We also discuss the geographical and political challenges (and opportunities) of drawing maps that are fair to voters of all parties, when those maps are drawn up by partisan legislatures. That's become even more of a problem, not just after the GOP's REDMAP Project to take over state legislatures before the 2010 Census so they could draw the new maps in 2011, but also because of the geological self-sorting that is taking place, as Dems tend huddle in more urban areas, while Republicans spread out in rural districts.

"Democrats tend to live in densely Democratic areas --- cities --- whereas Republicans tend to live in areas that are a bit more balanced, like 60% Republican, 40% Democrat," Amos explains. "So the arguments tends to be that, if we have to draw geographic districts, it's harder to spread out those Democrats across districts in order to make an even balance. In a lot of cases I think you'll see something like what we saw from the court's map, where it's as fair as you can get, but it's still 10-8 [in favor of Republicans.]"

The outcome could have been better for Republicans in PA, Amos explains, they could have put their own map forward that was more fair. But, he says, "they got too greedy." State Republicans are still vowing to challenge the new map in some federal court or another, but experts suggest that may be very difficult, given that this was a state court ruling.

For his part, Amos, though not an attorney, tells me that "when the state fails to pass a map, then somebody has to step in and that's always been the courts. So maybe they'll find some friendly federal court somewhere, but it seems like a stretch." Meanwhile, as recent federal court rulings finding unlawful partisan gerrymandering carried out in Wisconsin, North Carolina, Texas, Maryland and elsewhere are currently on hold at the U.S. Supreme Court, "we're all waiting on Justice Kennedy," says Amos. But that ruling --- sadly, for those of us who believe in fairer elections --- is not expected until June, likely too late to effect the 2018 mid-terms.

Finally, Desi Doyen joins us for our 9th Anniversary Green News Report, as the Trump Administration's EPA and Dept. of Energy face new trouble from the courts and the Inspector General. And we reminisce about the vastly difficult political landscape that existed 9 years ago, when we began the GNR, and when Democrats controlled both houses of Congress, but were unable to pass cap and trade legislation to put a price on the release of carbon pollution, in hopes of mitigating our current and worsening climate crisis.

Thank you, from Desi and myself, to those of you who have stopped by to help us continue the GNR into our 10th year! For some reason, ExxonMobil will still not cough up any sponsorship funds for us, even though we talk about them all the time!...

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

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Guest: David Daley on the battle to overcome partisan gerrymandering; Also: Many now calling for 'paper ballots' still missing larger concerns...
By Brad Friedman on 2/13/2018 6:40pm PT  

On today's BradCast: Never mind Russia. Is it even possible for Democrats to overcome the systemic structural disadvantages Republicans have put in place in virtually every aspect of U.S. elections? We've got both encouraging and not-so-encouraging news in that regard on today's show. [Audio link to show posted below.]

Now that both the U.S. intelligence community and Democrats --- and even a few Republicans --- have finally begun to figure out that Election Integrity requires, at a bare minimum, a paper ballot for every vote cast, how long will it take them to figure out that those ballots need to be hand-marked (not computer-marked) and, preferably hand-counted, so that the American public can truly begin to restore confidence in election results and know that their votes actually matter? There is some --- precious little, but some --- encouraging news out of Pennsylvania today on that front, and even from the U.S. Senate Intelligence Committee.

The Governor in PA, a state which still hates its voters so much that it forces the vast majority of them to vote on 100% unverifiable touch-screen voting systems, has decreed that any new voting systems purchased to replace the old ones, must have some form of "paper trail" or "paper record" or "paper backup". That's a very low bar, but better --- for the most part --- than the current 100% unverifiable touch-screen systems used across the state. Yet, the Democratic Governor, Tom Wolf, has yet to propose any new funding to purchase those new systems. So, like PA votes, they remain vapor ware for the moment.

At the same time, Sen. Mark Warner of Virginia, Ranking Democrat on the U.S. Senate Intelligence Committee, seems to have noticed the cost of trying to secure elections (like "the Dutch elections, where they hand-counted all the ballots") versus the price of one single F-35. Hand-counts, like those carried out by the Dutch, is, in truth, a pretty inexpensive deterrent against foreign manipulation of our computer tabulation systems, if our elected officials were truly concerned about it. (It would also help to deter the much greater threat of domestic manipulation, by the way!)

But, even if we had a hand-marked paper ballot for every vote cast and even if we counted them all by hand, publicly at the precincts, before ballots were moved anywhere (as per Democracy's Gold Standard), Democrats would still have a mountain to overcome this year in the shape of the GOP's systemic partisan gerrymandering of state legislative districts and U.S. House seats.

To that end, we've got some similarly-qualified encouraging news out of Pennsylvania as well today, where the state Supreme Court recently ordered new U.S. House maps to be drawn in time for the upcoming May primary elections in the commonwealth, after finding the ones drawn by Republicans following the 2010 census were in violation of the state constitution's right to a fair vote. The battle over those new maps --- which have given the GOP a 13 to 5 advantage in U.S. House seats in the largely 50/50 state over the last three elections, where Dems outnumber Republicans --- is now moving forward on a very tight court-ordered deadline.

Meanwhile, similarly partisan gerrymandering by the GOP in Wisconsin, North Carolina, and many other swing-states continues, thanks in no small part to the U.S. Supreme Court delaying lower federal rulings that determined Republicans had unconstitutionally given themselves a steep enough advantage on district maps that they were able to retain huge majorities in state legislatures and the U.S. House, despite being consistently out-voted by Democrats.

We're joined today by FairVote gerrymandering expert DAVID DALEY, former Editor-in-Chief at Salon and author of RATF**KED: The True Story Behind the Secret Plan to Steal America's Democracy. We discuss the gerrymandered state of play as the 2018 primaries are now just weeks away in many states, and as the dam seems to be bursting in both state and federal courts --- finally! --- against partisan gerrymandering.

"The courts have been consistently outraged by what the Republicans pulled off in 2010, 2011," Daley says. "The problem is, here we are in 2018, we've been using these unconstitutional maps now this entire decade. There is no sense we're going to have new maps in most of these states, with the possible exception of Pennsylvania, in time for the 2018 election. We may well have the fourth of five elections in all of these states held on unconstitutional maps."

By way of one example, Daley notes: "In 2012, 52% of Pennsylvanian voters vote for Barack Obama, 51% of them vote for Democratic members of the U.S House. Republicans however, take 13 of the18 seats that year --- 71% of them! Democrats get 28% of the seats, even with more votes."

We also discuss the new documents he recently uncovered, published in a new Salon exclusive, detailing the fascinating story of how the Republicans' so-called REDMAP scheme to take over state legislatures and redistrict the nation with a wildly partisan advantage, first came about prior to the 2010 election and U.S. Census.

Among the questions we discuss: Is it even possible for Democrats to overcome that structural disadvantage in the 2018 mid-terms without the U.S. Supreme Court finding partisan gerrymandering to be unlawful? Are state court cases, like the one in PA, the answer instead? And can any of this be done in time for the 2020 elections, after which district maps will be redrawn once again by partisan majorities in state houses for another 10 years?

"There may be a blue wave [in 2018], but there is also a red firewall that stands ready to knock it down," Daley warns. "Democrats are probably going to need two seismic, historic waves in order to have a shot at fair maps in 2021. And it they can't pull that off, and if the courts don't come in and do something in the meantime, the maps that are drawn in 2021 are the ones we are going to live with until 2031."

Also today, in other related news: A second federal court, this time in New York, blocks Trump's attempt to reverse DACA, and one Republican candidate for the U.S. Senate must be a very bad least according to his own parents!...

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

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Also: GOP memo mayhem continues, stock market falls, callers ring in...
By Brad Friedman on 2/5/2018 6:14pm PT  

On today's BradCast, the Super Bowl victory for the Philadelphia Eagles on Sunday was fantastic, but the victory for all of Pennsylvania (and, indeed, voters across the entire nation) on Monday was even better! [Audio link to show follows below.]

U.S. Supreme Court Justice Samuel Alito rejected Pennsylvania Republicans' request to block, overturn, deny, or delay the state Supreme Court's recent order to redraw all U.S. House districts in the key swing-state immediately and in time for the upcoming 2018 mid-term elections. The state's highest court found two weeks ago that the GOP-controlled state legislature had unlawfully gerrymandered the Keystone State's U.S. House maps following the 2010 census in such a way that the GOP ended up with 13 seats to the Democrats' 5, despite Democratic registration and voting far out-pacing Republicans statewide.

The PA GOP's request for SCOTUS to intercede in a state constitutional matter was denied on Monday. That is also very good news for the country, as discussed on today's show.

But the SCOTUS decision has yet to stop the state GOP from refusing to follow state court orders on the matter. Moreover, while the state GOP is demanding that its state Supremes overturn their own ruling, new reporting over the weekend reveals that a Republican state Supreme Court Justices who voted against the order to redraw U.S. House district maps, received several undisclosed donations --- including a huge one from the state Senate President Pro Tempore, as well as from two Republican U.S. House members effected by the ruling --- when she ran for a 10-year term last year. The donations were given to her after the challenge in the gerrymandering case had already been filed, yet her campaign now admits she failed to disclose those donations until they were revealed over the weekend.

Then, we move on to a number of late developments in the failing attempt by the chair of the U.S. House Intelligence Committee, Rep. Devin Nunes (R-CA), to undermine Special Counsel Robert Mueller's investigation of Team Trump, by using specious claims about the self-generated GOP House Intel Committee memo released on Friday. Both Nunes and Trump (and other Republicans) had claimed the memo supposedly reveals some sort of partisan bias in the FBI/DoJ and now Special Counsel probe. One GOPer even went so far as to claim the memo revealed "evidence of treason". (It doesn't. Not by a long shot.)

In fact, as we detail today, even statements by other Republican members on the same committee --- including Trey "Benghazi" Gowdy --- over the weekend, seriously undermine the claims made by Nunes and Trump himself over the weekend and again on Monday.

And, as we detailed at length on Friday's show, Nunes --- who now claims that former Trump Campaign advisor and suspected Russian intelligence asset Carter Page's rights were somehow violated by the procedure used by the FBI to obtain a warrant to eavesdrop on his communications --- showed no such concerns about the FISA law used to obtain that warrant when he voted in favor of extending it and expanding it for 6 more years just weeks ago. Trump also signed that extension.

Oh, and the Dow had its worse day since 2011 and largest all-time point drop today.

Finally, we open the phone lines to take listener calls on all of the day's hypocrisy and much more on today's BradCast!...

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

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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Guest: Justin George of The Marshall Project; Also: FL initiative to restore former felon voting rights qualifies for November ballot, dirty Trump Family laundry, and 14 years of muck-raking at The BRAD BLOG!...
By Brad Friedman on 1/24/2018 6:19pm PT  

On today's BradCast, we celebrate The BRAD BLOG's 14th anniversary of independent investigative blogging, journalism, broadcasting, trouble-making and muck-raking! Thanks to those who've stopped by to help us continue into our 15th year! If you haven't done so yet, what's stopping you? We really need your help! [Audio link to today's show follow below.]

Beyond that, on today's program, we've got some encouraging news on voting rights in the state of Florida, believe it or not. A citizen initiative to allow former felons to vote has officially qualified for the state's November ballot, after an herculean effort to gather more than 800,000 qualified signatures by proponents who hope to help re-enfranchise some 1.7 million Floridians who have completed their sentences, many of them years ago.

While the grassroots effort has already been monumental --- as a segment from Sam Bee's Full Frontal highlighted last year --- the measure must still receive more than 60% approval from voters this November in order to amend the state's constitution. More former felons --- who are disproportionately African-American in FL --- are disqualified from voting in the Sunshine State than any other. Only they, Kentucky, Virginia and Iowa currently ban such citizens from voting for life. "Florida accounts for nearly 25 percent, or 1.6 million, of the people who have lost their right to vote" in the U.S., according to the ACLU. "As a result, one in ten Floridians are shut out of our democracy."

But, if it was up to the Trump Administration, there would be many more such felons in FL and everywhere else. We're joined today by criminal justice journalist JUSTIN GEORGE of The Marshall Project, to discuss his recent article looking at "Trump Justice, Year One: The Demolition Derby", in which he examines "nine ways Trump has transformed the landscape of criminal justice, just one tumultuous year into his presidency."

We discuss the many changes made by Trump's Department of Justice and Attorney General Jeff Sessions, as they attempt to "demolish" the legacy of the Obama Administration. From their rhetoric and tone on crime, the "drug war" and immigration, to policy changes on policing, sentencing, mass incarceration, the private prison industry, and in stacking the federal bench with rightwingers, Team Trump is hoping to unwind many of the criminal justice reforms successfully enacted by Obama and his DoJ, particularly in the later years of his Presidency.

But have Trump and Sessions' attempts to rollback Obama's criminal justice legacy, to date, been particularly effective? And, for that matter, why did Obama's efforts at reform come so late in his Presidency?

We cover a lot of ground in my conversation with George today, before somewhat departing from our usual beat to close with a bit of dirty laundry, sleaze, speculation and rumor mongering concerning Donald and Melania Trump --- though we've got a reasonable justification for doing so today...mostly...

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

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While we post The BradCast here every day, and you can hear it across all of our great affiliate stations and websites, to automagically get new episodes as soon as they're available sent right to your computer or personal device, subscribe for free at iTunes, Stitcher, TuneIn or our native RSS feed!
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(Snail mail support to "Brad Friedman, 7095 Hollywood Blvd., #594 Los Angeles, CA 90028" always welcome too!)

Guest: Paul S. Ryan of Common Cause; Also: KY school shooting, Trump supporter threatens CNN, Dems' tough decision as next shutdown nears...
By Brad Friedman on 1/23/2018 6:08pm PT  

Did Donald Trump or the Trump Campaign or the Trump Organization violate federal law in a hush money payoff to a porn star? On today's BradCast, we speak with the lawyer from a good-government group that has now filed complaints with the Federal Elections Commission and Dept. of Justice to that end, which he describes as "a very obvious and very clear violation of federal campaign finance law." [Audio link to full show is posted below.]

But first up today, the latest news on the latest school shooting, this time in rural Kentucky, where 12 students were shot, two of them killed, after a 15-year old student unleashed a barrage of gunfire at Marshall County High School just before classes were set to begin on Tuesday morning. It was the first fatal school shooting of 2018, though reportedly the 9th since the first of the year, and 283rd since 2013. In related news, a 19-year old apparent Trump supporter was arrested after repeatedly threatening CNN's Atlanta headquarters earlier this month on the heels of the President's continued targeting of the news network as "fake news".

Then, we discuss some of the newly reported details outlining how it is that Senate Democrats caved on Monday in their government shutdown standoff with Trump and Republicans in regard to protecting some 800,000 "Dreamers" from deportation, including evidence to strongly suggest we are quickly heading towards another shutdown and/or cave in just over two weeks time when the stop-gap spending measure passed on Monday night runs out.

Next, we're joined by PAUL S. RYAN, Vice President of Policy & Litigation at Common Cause, to discuss the two complaints filed on Monday with the FEC [PDF] and with the DoJ [PDF] regarding the payoff made via a shell company set up by Trump's attorney Michael Cohen, allegedly to buy the silence of adult film actress Stephanie Clifford (aka Stormy Daniels) just before the 2016 Presidential election. Trump is alleged to have had an affair, according to the Wall Street Journal, with Clifford/Daniels in 2006, shortly after his wife Melania had given birth to their son.

Ryan and Common Causes' complaints contend that the $130,000 payout appears to have been an unlawful, unreported in-kind donation to the Trump campaign, funded either by the Trump Organization, another person or corporation or Trump himself which, in any of those cases, would be a violation of the Federal Elections Campaign Act (FECA). The longtime campaign finance attorney explains the law in question and handicaps the odds of whether the FEC or DoJ will take action in response.

"At a minimum here," Ryan tells me, detailing who may be culpable, "we seem to be looking at a campaign finance disclosure violation --- because the Trump Campaign Committee didn't report any of this --- and, unless the money came from Trump's own pocket, then we're also talking about a contribution violation, as well."

While the question of who put up the $130k is still unknown, he argues that there is no legitimate way to argue that the payout --- given its timing, shortly after the Access Hollywood "grab 'em by the pussy" tape came out, and the multiple allegations of sexual misconduct from nearly 20 women --- was not meant to influence the election by keeping Daniels from talking to the press. "The timing, with the imminent threat by Stormy Daniels that she was going public with her story, to me, makes this clearly stand as a payment that was all about the election and keeping her quiet up to and until the election."

In related matters, Ryan also offers a few quick takes in response to some questions I had on several other recent news events from the past 24 hours or so, including whether the Trump Administration violated the law with their partisan outgoing voice message on the White House comment line during the shutdown over the weekend; whether any laws were violated by a Monday night dinner meeting on what are said to have been "important issues facing our country", between several Republican Senators, members of Trump's cabinet and U.S. Supreme Court Justice Neil Gorsuch; and whether Republicans in Pennsylvania have a leg to stand on in their promise to make a federal case out of a Monday ruling by the state Supreme Court ordering the GOP-controlled state legislature to immediately redraw the state's U.S. House district maps, in time for the 2018 primaries, after the maps were found to have been illegally gerrymandered under Pennsylvania's Constitution to discriminate against non-Republican voters.

Finally, Desi Doyen joins us for the latest Green News Report on Monday's natural gas rig explosion in Oklahoma, new tariffs on solar panels instituted by Trump, and environmental fallout from the Congressional battle over a government spending bill. [Photo above via MySpace/Stormy Daniels.]

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Callers ring in on that and the weekend's massive Women's Marches; Also, PA's U.S. House maps struck down, natgas rig explodes in OK...
By Brad Friedman on 1/22/2018 6:07pm PT  

On today's BradCast: Trying to make sense of the Senate Democrats' decision on Monday to vote in favor of re-opening the federal government, following Friday's vote that resulted in a short shutdown over the weekend. Callers ring in on that today, the Women's March over the weekend, and a number of other late breaking news items. [Audio link to show follows below.]

Democrats in the U.S. Senate appear to have folded in their demand that Republicans protect 800,000 "Dreamers" in a short-term spending bill. In the bargain, they voted to re-open the federal Government on Monday, after a nearly identical bill was blocked from passage on Friday, resulting in a two-day shutdown of the federal government. The difference between Monday's vote and Friday's? A three week Continuing Resolution to fund the government, instead of a four week extension, and a promise (of sorts) from Senate Majority Leader Mitch McConnell to allow a vote on a measure to protect those 800,000 children of immigrants brought here years ago through no fault of their own, but who are now facing deportation beginning on March 5, following Donald Trump ending the Obama-era Deferred Action for Childhood Arrivals (DACA) program.

On today's show we discuss the politics around all of this, whether Democrats were right to give in for now, despite polls suggesting the public by and large blamed Republicans for the standoff, the angry progressives and immigration advocates who are furious about it, and whether there's a chance in hell that Republicans will allow a real fix to DACA without being forced to do so through a full and extended government shutdown.

We take calls from listeners today on all of that, on the huge and absurdly under-covered Women's Marches held over the weekend in hundreds of cities, where anywhere from 1.3 to 2.1 million turned out --- not that you would know it from the lack of media coverage.

Also on today's show: A natural gas rig explodes in Oklahoma and Pennsylvania's Supreme Court orders the Republican-controlled state legislature to redraw gerrymandered U.S. House maps in time for the 2018 primaries which begin in weeks in the Keystone State. The PA ruling follows similar ones by courts in Wisconsin, Texas, North Carolina, Florida and elsewhere, finding Republicans unconstitutionally discriminated against non-Republican voters in U.S. House and state legislative maps drawn after the 2010 census. Most of the rulings in those states, to date, have been delayed by the Republican's stolen U.S. Supreme Court, likely allowing the worst of the gerrymandering to continue into the crucial 2018 mid-term elections...

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Guest: Barbara Arnwine of the new Nat'l Commission for Voter Justice...
By Brad Friedman on 1/19/2018 6:50pm PT  

On today's BradCast, we're still fighting for the right to vote and to have that vote counted, 60 years after MLK's "Give Us the Ballot" speech, 50 years after the passage of the hard-won Voting Rights Act, 4 years after the U.S. Supreme Court gutted it, and one day after what my guest today describes as a "really wicked decision" by the Court on Thursday to set aside a landmark ruling on gerrymandering that was meant to finally correct a grave injustice to voters in 2018. [Audio link to full show follows below.]

With Republicans in the U.S. House, on Thursday, having passed a short-term stopgap spending bill to keep the U.S. Government from shutting down beginning on Friday night at midnight, Republicans in the U.S. Senate are still racing to figure out how to overcome a filibuster of the same bill. The measure includes support for kids that rely on the currently-expired Children's Healthcare Insurance Program (CHIP), but leaves some 800,000 kids of immigrants who came here with their parents still facing deportation as early as March, after Trump ended Obama's Deferred Action for Childhood Arrivals (DACA) program. So, once again, rather than simply including a fix to DACA, Republicans are using children as human shields to try and force Democrats to vote with them for a short-term bill to avoid a shutdown of the federal government. It would be the first such shutdown in U.S. history while the House, Senate and White House are all controlled by the same party.

Sick of this sort of BS? If so, you can theoretically do something about it this year at the ballot box. But the GOP's stolen U.S. Supreme Court isn't making it easy. On Thursday, SCOTUS stayed a landmark ruling by a lower federal court panel that had ordered North Carolina to immediately redraw the state's U.S. House district maps, since the Republican majority legislature admitted that they, unconstitutionally, drew them to ensure a Republican advantage. Though it's largely a 50/50 state, NC Republicans hold 10 seats in the U.S. House to the Democrats' 3.

That's just one of the ways that Republicans hope to keep cheating voters this year in order to hang on to power as the mid-terms approach. Another way was through Trump's discredited and now disbanded "Presidential Advisory Commission on Election Integrity", run by the GOP "voter fraud" fraudster and Kansas Sec. of State Kris Kobach. He had hoped to use the Commission to make it harder (for certain people) to vote, but he faced yet another embarrassment in court this week. When Kobach's Commission was originally shut down a week or two ago, there was a cry from voting rights advocates for a national committee to study and call out the real scourge of American democracy: voter suppression.

That call may have been answered this week with the formation of the non-partisan National Commission for Voter Justice, co-chaired by my guest today, BARBARA ARNWINE, former longtime Executive Director of the Lawyer's Committee for Civil Rights Under Law and now President and Founder of the Transformative Justice Coalition. Arnwine explains the new Commission's mission, responds to the "wicked" SCOTUS ruling on NC maps and other recent voting rights issues, and details many of the threats to democracy that must be overcome in 2018, more than sixty years after, as she and John Nichols note at The Nation this week, Martin Luther King, Jr. delivered his landmark "Give Us the Ballot" address on the steps of the Lincoln Memorial in 1957.

"We gotta remember, we are looking at the Roberts Court. This is a man who made his life ambition the evisceration and the weakening of the Voting Rights Act. In fact, if he had had his way, there wouldn't be a Voting Rights Act, as he wrote many, many years ago," Arnwine says in response to the SCOTUS stay on the NC redistricting ruling and a similar one in Texas. "They are fine with these kinds of schemes --- gerrymandering and other devices and tactics that deny people the right to vote --- because they believe in their hearts that the result is fair, it's a result that they want, and it's a result that puts people into power that they favor. And that's wrong."

"We believe that democracy should be for every single voter. That's why we created the National Commission for Voter Justice, because every voter should have the right to be able to vote and to have their vote counted," the animated Arnwine explains. "Democracy should always be about a competition of ideas, a competition of the best candidates, and then the people make their choices. Politicians should never pick who their constituents are. The constituents should pick the politicians. We are in a reverse democracy right now."

It has, sadly, been that way for a while. I recalled today, while prepping for the show, that Arnwine and I were on a National Public Radio show back in 2008, facing off against the notorious GOP "voter fraud" fraudster Hans von Spakovsky, who, I suspect, was very used to getting away with his lies before that show. I also recall Arnwine's testimony to the Baker/Carter Commission on Voting Rights which was a panel created by Republican Party vote suppressors in 2005 to push for Photo ID voting restrictions. In comparison to the Trump/Kobach Commission, however, that panel was blue ribbon! The fight for democracy is never ending, it seems.

"Democracy is never permanent. It requires vigilance. It requires engagement. It requires organizations to monitor, to advocate for it," Arnwine tells me. "But it shouldn't be as bad as it is in the United States. That's the problem. The problem is that even with the fact that you've got to constantly seek it, it shouldn't be this bad. We should not have millions upon millions of voters finding themselves blocked from the polling booth. We shouldn't have three-hour lines. We shouldn't have machinery that everybody knows is worthless."

"But that's why the National Commission for Voter Justice is going to be coming to every area where we can," she says. "We're going to have over 20 hearings around the country, so that we can hear directly from voters what they are encountering, what their experiences are and, more importantly, what some of the solutions are, helping people to advocate for those changes."

Don't miss the full conversation today! It should get you pretty fired up for 2018, if you need any help.

And, finally, speaking of what Republicans are willing to do to get and hang on to power, a disturbing comparison of the dates set for U.S. House Special Elections to fill the seats of two different Congress members who both resigned during the same week last year (there will be a special election to fill the GOP seat in May, but the Dem seat will remain vacant until November), and the four --- count 'em, four --- convicted Republican criminals who have declared their intention to run for seats in the U.S. House and Senate in 2018...

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DACA scheme blocked; Off-shore drilling reversed; CA's latest disaster; VA's gamed elections; NC's gamed Congressional maps; much more...
By Brad Friedman on 1/10/2018 6:21pm PT  

On today's BradCast, we do our best to try and make some sense of the utter chaos, havoc and non-stop breaking news plaguing the nation over the past 24 hours. Wish us luck! [Audio link to show follows below.]

Among the stories covered on today's extremely busy program...

  • Late updates on the devastating mud-flows that have, so far, resulted in the deaths of 17 in Southern California's Santa Barbara County, just north of Los Angeles, following a massive rainfall this week in the area just burned by the largest fire in state history;
  • A federal judge has temporarily blocked Donald Trump's attempt to lift the DACA program, which has protected some 800,000 children of immigrants who came here with their parents through no fault of their own;
  • Just days after announcing their intention to open 90% of U.S. coastline to off-shore drilling, Trump's Dept. of Interior chief Ryan Zinke reverses course, but only for the state of Florida, in what appears to be a political (and unlawful) favor to Florida's Governor Rick Scott, who Trump is supporting in a run for the U.S. Senate;

In election and voting news today...

  • Just minutes before Virginia's House of Delegates convened its new legislative session today, Democrat Shelly Simonds conceded her 94th District race against Republican David Yancey without seeking the second "recount" she is entitled to by state law. The first "recount" resulted in a declared "tie" vote and a random drawing, following a very questionable ballot [JPG] counted for the Republican after the initial "recount" had handed the victory to Simonds by a single vote. (She could still ask for a recount as late as the 17th, if she and the Democratic Party wise up and changes their minds. Republicans absolutely would have demanded such a count had the random drawing gone the other way. They would also have prevented her from being seated until that count was completed. Moreover, I share some disturbing comments from a conversation about all of this with the Voter Registrar who oversaw the election in Newport News, VA.)
  • In the 28th District race for Virginia's House, an appeals court denied the Democrats emergency motion for a new election today, after the Republican was declared the winner by 73 votes even though 147 voters were given the wrong ballot on Election Day last November. (With both of those Dems out, the GOP majority in the VA House has shrunk from 66-34 last session, to just 51-49 as of today, despite Democrats winning 55% of the vote statewide in the Republican gerrymandered state);
  • In North Carolina, a federal court panel issued a landmark and blistering ruling on Tuesday night, finding state Republicans had blatantly gerrymandered the swing-state's U.S. House Districts on a partisan bases to ensure a 10 to 3 majority for themselves, in what the panel found to be a violation of the Constitution's Equal Protection Clause. The court ordered new Congressional maps to be drawn up immediately, in the next two weeks, in time for the 2018 primaries. But Republicans vow to appeal the ruling to the U.S. Supreme Court, which is currently deciding a separate but very similar case on partisan gerrymandering of state legislative districts by Wisconsin Republicans.
  • And today, a divided (and stolen by the GOP) U.S. Supreme Court heard oral argument in a case challenging Ohio Secretary of State John Husted's scheme to purge voter rolls after voters have gone just two years without voting in a federal election, in what Democrats and voting rights advocates argue is a violation of the National Voter Registration Act (NVRA).

Finally today...

  • Trump's Energy Secretary and former Texas Governor Rick Perry sees his scheme to extend the life of coal and nuclear plants under the false guise of "grid resiliency" go up in smoke after all of the appointees on the Federal Energy Regulatory Commission (FERC), most of whom were appointed by Trump, unanimously reject the plan, which was seen as a payoff to a coal baron benefactor of both Perry and Trump. A former Trump Campaign official, however, sees a far more insidious (and laughable) conspiracy.

What. A. Mess. Enjoy!...

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By Ernest A. Canning on 12/11/2017 9:25am PT  

Last week, at the behest of the "terrorist-enabling" National Rifle Association (NRA), the Republican-controlled U.S. House of Representatives voted to pass the Concealed Carry Reciprocity Act [PDF] (CCRA or HR-38), by way of a mostly party-line vote, 231 to198.

Under the provisions of this proposed federal statute, anyone who has a right to carry a concealed handgun in their own state --- such as "Wild, Wild West Nevada" where everyone is entitled to open or conceal carry all manner of firearms --- must now be permitted to carry a concealed weapon inside any other state that allows citizens to apply for, but not necessarily receive, a permit to carry a concealed handgun.

According to Manhattan District Attorney Cy Vance Jr., "Someone from Vermont, where there are no permit requirements, could come into New York City with a loaded gun, come to Times Square, go to the subways." This, NYPD Commissioner James O'Neill added, "will make New York City less safe and our job as law enforcement much harder."

Organizing for America's Jesse Lehrich similarly observed in a tweet, that where Massachusetts "has a rigorous process to obtain a Concealed Carry permit, Vermont has no requirements. Under HR-38, a guy from MA could just buy a gun in VT & bring it back & override MA laws."

As a practical matter, it would be difficult, if not impossible, for local law enforcement to determine whether an individual sporting a concealed weapon has a permit from another state without first "detaining" them long enough to check their ID. That, as Lehrich notes, could also get them sued, because HR-38 allows someone with a permit from another state to sue law enforcement for simply detaining them.

The legislation, if adopted, would also appear to override states' rights in gun safety conscious states, like California, where both open and concealed carry is generally prohibited, though residents may apply for a license to carry a concealed firearm. The NRA's proposed federal statute would prohibit CA law enforcement from "arresting or detaining" a NV resident with a permit, even though CA residents who could not meet the criteria for a concealed carry license under state law could be prosecuted for the same offense.

Fortunately, if the life-endangering CCRA is enacted into law, there's a good chance it will subsequently be struck down as unconstitutional, even by our current U.S. Supreme Court...

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

Guest: Legal reporter Mark Joseph Stern; Also: Fires worsen in and near L.A.; Franken may be forced, by Democrats, to resign...
By Brad Friedman on 12/6/2017 6:14pm PT  

On today's BradCast: Another day, still more chaos in these United States, threatening to all but drown out two major civil and privacy rights cases heard this week by the U.S. Supreme Court and covered in detail on today's show. [Audio link to full show is posted below.]

But first, Desi Doyen joins us for an update on the out-of-control wildfires in and around Los Angeles today, threatening tens of thousands of structures and many more residents, who have been forced to flee several large blazes fueled by dry conditions and record winds. Also in danger: Animals, priceless works of art and one of Rupert Murdoch's mansions.

Next, calls from fellow Democrats for Sen. Al Franken to resign blew up on Wednesday in the U.S. Senate, after another unnamed woman reportedly stepped forward to claim the Minnesota Senator tried to kiss her after a radio program back in 2006. Franken denies the claim and calls it "preposterous", but may be forced to resign anyway on Thursday, less than one week before Republicans in Alabama may elect Roy Moore, an accused child molester, to the same U.S. Senate. Desi has a few choice thoughts on the Franken matter as well.

Then, we're joined by Slate legal reporter MARK JOSEPH STERN, to discuss two important cases heard at the U.S. Supreme Court this week. Stern, who was at the Court during oral arguments for both, explains what is at stake in each, and how the Republicans' blatantly stolen seat occupied by Justice Neil Gorsuch will radically effect each case.

The first, Carpenter v. United States has to do with the U.S. Government's argument that law enforcement has the right to obtain anyone and everyone's cell phone location data, even without obtaining a warrant from a court first, in what appears to be a clear violation of the U.S. Constitution's 4th Amendment privacy rights for freedom from unreasonable search and seizure.

"The case almost sounds too crazy to be true," Stern tells me, detailing the Government's argument that "because customers voluntarily turn over the data to a third party --- their cellphone companies," which keeps records of which cell phone towers are used and by whom, customers "have no right to privacy with regards to that information."

The second, Masterpiece Cakeshop v. Colorado Civil Rights Commission is an even more insane "free speech" and "religious expression" case. It was brought by a virulently anti-gay baker in Colorado who claims his bakery shop has the First Amendment right to discriminate and refuse to sell a cake to two men celebrating their same-sex wedding. The Colorado Civil Rights Commission and the state courts disagreed with the baker, Jack Phillips of Masterpiece Cakeshop, who appealed to the U.S. Supremes. Surprisingly they took up the case after Phillips was also joined by Trump's U.S. Department of Justice over the summer.

Stern details the liberal Justices' skeptical (and even hilarious) questioning of whether Phillips' argument that he is an "artist" exercising creative free speech --- not blatant discrimination --- could also be extended to florists and hair stylists and make-up artists, among many others.

"This is an embarrassment," says Stern. "What happened here is a clear-cut case of discrimination." He also highlights one key irony underscoring the entire case: "The Supreme Court's conservative justices have really been lecturing gay people for years that they should stop turning to the courts to vindicate their rights and, instead, go through the democratic process to secure their equality under law. And here we have a case of gay people doing exactly that. Gay people in Colorado fought long and hard to change the law to protect their right to equal service in public accommodations. They succeeded. And now, those same Supreme Court conservatives who said you have to do this through democracy, are now poised to say, 'Actually you don't get to this,' and nullify the rights that they secured through the democratic process."

Depending on how Justice Kennedy decides in a likely 5 to 4 opinion one way or another --- on a case that would have been a cake walk for civil rights advocates before Republicans stole the Court majority --- what could very well result is legalization of mass discrimination of people of all races, religions and sexual orientations by any and all manner of businesses in the U.S. for decades to come...

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By Brad Friedman on 12/4/2017 5:58pm PT  

On today's BradCast: The GOP rammed the largest tax increase in American history through the U.S. Senate in the middle of the night last Friday, and we open the phones to try to figure out what the alleged Trump/Russia "collusion" is actually supposed to be. [Audio link to show follows below.]

After several important breaking news items (Trump's unprecedented reversal of National Monument declarations in Utah by Presidents Obama and Clinton; His stolen U.S. Supreme Court allows his Muslim travel ban to be enforced, even while it's being challenged in lower courts; His new, full-throated endorsement of alleged Republican child molester Roy Moore in next week's U.S. Senate special election against Democrat Doug Jones in Alabama), we're back to the GOP "tax cut" hustle and the Special Counsel investigation of Team Trump.

First, on taxes, details on the thousands of corporate lobbyists (more than 6,000 of them!) who crawled out of the swamp to help write what will be the largest tax increase in U.S. history, as billions, if not trillions in wealth is set to be redistributed from the poor and middle class to the wealthy and already-wildly profitable corporations. The GOP and Donald Trump have been using a dubious list of "economists" to lie about and help jam through their scheme, which was passed by the U.S. Senate just before 2am on Friday night/Saturday morning, just hours after the 500-page final bill had finally been released to Democrats.

Then, we open up the phone lines for callers to answer my question about the alleged Trump/Russia "collusion", following the guilty plea on Friday by Trump's disgraced former National Security Adviser Michael Flynn for lying to the F.B.I.

While Trump's attempted obstruction of that investigation is quite clear (despite his personal lawyers absurd claims), as is the fact that members of his Campaign and Administration lied to federal law enforcement officials, which also unlawful, evidence of the originally alleged "collusion" on the 2016 election remains elusive.

Why all the lying by Team Trump? What are they attempting to hide? As much as I'd be delighted for all of this to bring down a wildly lawless and anti-American Administration, of course, I still remain unclear on what the initial crime actually was, or is even alleged to have been. So, at risk of being called "obtuse", I ask callers today about what that actual, specific original crime is --- before all of the obstruction and lying --- that is seemingly being hidden by Team Trump, alleged by Democrats and probed by Special Counsel Robert Mueller.

We open the phone lines for callers to explain it all...if they can...

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Also: New details on how 'dark money' helped GOP steal SCOTUS, with guests Margaret Sessa-Hawkins & Andrew Perez of MapLight...
By Brad Friedman on 10/26/2017 6:13pm PT  

On today's BradCast: It often feels like we're fighting to save whatever little is left of representative American democracy. Today is certainly one of those days. [Audio link to full show follows below.]

First up today, Associated Press reports that the computer server at Kennesaw State University's Center for Elections in Georgia was "wiped clean" in early July, just days after the state's contentious June 20 Special Election Runoff for the U.S. House Seat in GA's 6th Congressional District, and as a federal lawsuit [PDF] was filed to challenge the results of that election.

Kennesaw's Center has been contracted by the state for some 15 years to program virtually all aspects of Georgia's elections, including their electronic pollbook voter registration databases and the highly hackable and 100% unverifiable Diebold touch-screen voting systems and electronic tabulators used across the entire state.

The complete deletion of information on the server in July --- and, reportedly, two backups of that server in August --- is particularly disturbing given questions about the accuracy of the reported results in the race, said to have been won by Georgia's former Republican Sec. of State Karen Handel over Democrat Jon Ossoff. Some of the concerns were detailed in the ongoing lawsuit filed by a number of plaintiffs, including Republican election integrity advocate Marilyn Marks of the Coalition of Good Governance. (We discussed that suit with Marks on The BradCast in July and concerns revealed about the results of the April Primary with VoterGA's Garland Favorito in May. We hope to speak with both of them on the show again very soon.)

The federal complaint had sought a forensic analysis of the Kennesaw server to determine whether it may have been manipulated in some way. AP reports: "Wiping the server clean 'forestalls any forensic investigation at all,' said Richard DeMillo, a Georgia Tech computer scientist who has closely followed the case. 'People who have nothing to hide don't behave this way.'" Marks is quoted in the same report noting: "I don't think you could find a voting systems expert who would think the deletion of the server data was anything less than insidious and highly suspicious."

The server was discovered by a data security researcher to have been left online and unprotected --- exposing personal voter records, voting system programming files and administrative system passwords --- in August of 2016. Yet, GA's Secretary of State, Republican Brian Kemp (who is running for Governor in 2018), claims to have not been notified, and the server was left unprotected through both the 2016 Presidential election, as well as this year's special U.S. House race. The personal information of some 6.7 million voters, ballot definition files used on voting machines and tabulators, as well as system passwords used by election officials to access those systems were reportedly left vulnerable to manipulation for at least six months, if not longer. (We reported on that aspect of this mess in June of this year.)

Today we discuss the alarming new AP report and what it means, following our own months of coverage of related concerns about the GA-06 special election, failures during tabulation, many questions from Election Integrity advocates about its reported results and, of course, our years (nearly 15 of them) warning about exactly such a situation as this.

Then, speaking of a "rigged" democracy, we're joined by Maplight's Dark Money Watch journalists MARGARET SESSA-HAWKINS and ANDREW PEREZ to discuss their new reporting on federal 'disclosure' documents revealing that millions of dollars were spent to support the Republican U.S. Senate effort to block President Obama's nominee to the U.S. Supreme Court, Merrick Garland, and the subsequent effort to confirm the nomination of President Trump's nominee to that same seat, Neil Gorsuch. The two reporters detail their findings including that, of the $17 million in "dark money" raised and spent on both efforts, a single donation for $17.9 million, from an unknown source to the rightwing Judicial Crisis Network, may have accounted for most, if not all of that effort.

Finally, Desi Doyen joins us for the latest Green News Report on concerns about two dodgy contracts for $500 million to purportedly help rebuild Puerto Rico's power grid; a new report by the non-partisan Government Accountability Office (GAO) on the $350 BILLION U.S. tax-payer dollars spent on climate-related disasters over the past decade, and much MUCH more!...

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

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Guest: David Daley of on 'Gill v. Whitford'; Plus: Updates on the disaster in Puerto Rico, gun massacre in Las Vegas...
By Brad Friedman on 10/4/2017 6:28pm PT  

On today's BradCast, the future of American democracy itself is once again in the hands of a now-stolen U.S. Supreme Court, in what democracy advocates describe as a case that is likely to help determine the partisan balance of Congress and state legislatures for decades.

But, first up today: Updates on Donald Trump's embarrassing Tuesday jaunt to hurricane-torn Puerto Rico, where the official death toll has now doubled from 16 to 34 and is expected to go much higher as 3.4 million U.S. citizens on the island still face desperate circumstances with food and water shortages and 95% of the island remains without power two weeks after Hurricane Maria (despite Trump's bizarre claims to the contrary.) Also, a few updates on what little more we now know about the massacre in Las Vegas on Sunday, the lack of a known motive for the deadliest mass shooting in modern U.S. history, and the shamefully transparent attempts by both the White House and Congressional Republicans to avoid any legislative policy action in its wake.

Then we move on to what democracy advocates describe as one of the most important cases to be heard by the U.S. Supreme Court in years. Oral arguments in Gill v. Whitford were heard on Tuesday. That is the case where a three-judge federal court determined the state of Wisconsin had used severe (and secret) partisan gerrymandering to redraw district maps after the 2010 census. In so doing, despite receiving a minority of votes (48.6%) after the new maps were drawn, Republicans gained an extraordinary 60-to-39 majority in the State Assembly.

The GOP is now appealing that federal court ruling to SCOTUS, which has held racial gerrymandering to be unconstitutional in the past, but has never ruled on whether purely partisan gerrymandering, as in this case, violates the Constitutional rights of voters.

We're joined by the man who wrote the book on modern-day gerrymandering, DAVID DALEY, author of Ratf**ked: The True Story Behind the Secret Plan to Steal America's Democracy. Daley, formerly Editor-in-Chief at Salon, now Senior Fellow at at, spent the night on the sidewalk outside the Court on Monday, to get one of 50 seats at Tuesday's hearing.

He explains how high the stakes are in this case (which could result in court challenges to electoral maps in virtually every state in the union), the arguments presented by both sides in the matter, and how everyone --- attorneys and Justices alike, were focused on making their case to Justice Anthony Kennedy, who will most likely determine the course of U.S. democracy for decades to come, thanks to the Republicans' stolen 5 to 4 majority on the Supreme Court itself.

"This case is everything," Daley tells me. "If this case is not decided on the side of democracy, on the side of competitive elections, there will be nothing to stop Republicans, who are likely to be holding the pens in all of these states in 2021 from doing the same thing, only with more sophisticated technology that's developed over the last decade, with better data analytic skills than they had in 2011, with stronger predictive algorithms to try to figure out where people are going to live and how they are going to vote for the next decade. It will be 2031 before Democrats get another shot at the maps if this case is decided the other way."

Daley sees the case now before the Supremes as "potentially bigger" than either 2010's Citizens United, which gutted campaign finance laws, or 2013's Shelby County, which gutted the Voting Rights Act. "This is the future of our democracy right here."

"Republicans reinvented the gerrymander in 2010 and 2011. This is not the same kind of gerrymander that you had 'back in the day.' This is different," he insists, as I press him on whether Democrats are carrying out the same type of partisan maps in states that they control. "This is space-age extreme gerrymandering on steroids. It has given Republicans huge advantages in all of these states that they control. Ohio, a very swing state, is represented by 12 Republicans and 4 Democrats. Michigan is 9-5, even though Democrats in 2012 got a quarter of a million more votes. These are 50-50 states and it has made our politics deeply uncompetitive. There's no swing in these swing districts. You have not had a single seat go from red to blue in any of those swing states. On these maps, no seats have gone from red to blue this entire decade."

Incredibly, the Republican Justices other than Kennedy seem to believe the matter should not be decided by the courts, but should be left to the same rigged legislatures which created this mess in the first place. "In Michigan, this last decade," he notes, "Democrats have gotten more total votes every time. Republicans have kept control. This is the case in state after state. They have enshrined this problem. We need the Court here to come in and fix democracy"...

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Guest: Legal reporter Mark Joseph Stern of Slate...
By Brad Friedman on 9/29/2017 5:58pm PT  

On today's BradCast: Trouble in TrumpLand continues, but we're all paying the price for it --- and likely will for decades to come. [Audio link to show follows below.]

Donald Trump's Secretary of Health and Human Services, Tom Price is out. He’s just the latest top Administration official to be fired or to resign during the first eight chaotic months of this Administration. Price, who claimed to be a fiscal conservative during his years in the U.S. House, had come under fire for spending hundreds of thousands of tax-payer dollars on chartered private and military plane travel since taking office, even while working to take health care away from millions of Americans. Several other top Trump cabinet officials (EPA’s Pruitt, Treasury’s Mnuchin, Interior’s Zinke) are also now under the spotlight for similar travel issues, even though Price's corruption, while in the U.S. House, was an open secret completely ignored by the GOP Senate during his confirmation.

Meanwhile, in Puerto Rico, the situation on the ground following Hurricane Maria continues to deteriorate, despite Trump and his Acting Director of the Dept. of Homeland Security declaring the recovery effort "a good news story", to date. The Mayor of San Juan urgently and desperately disagrees.

Then, speaking of U.S. Senate Republicans rubber-stamping Presidential nominees no matter how extremist, crazy or corrupt they may be, we're joined by Slate's legal reporter MARK JOSEPH STERN to discuss what he describes as the Trump Administration's attempt to lay the groundwork for overturning marriage equality. Yes, really.

While it seems impossible to imagine, Stern makes his case --- a disturbing one --- after we discuss whether a High School principal in Louisiana has the legal right, as threatened, to suspend student football players for taking a knee in peaceful protest during the national anthem.

The letter sent this week to students and parents by Parkway High School's Wayne Bates "made my jaw drop to the floor," Stern says, going on to detail well-established SCOTUS rulings on the First Amendment in schools. “You just can't do that. Students have a fundamental free speech right to take a knee during the anthem. And if this principal goes any farther with this crazy campaign, he's gonna get slapped with a lawsuit that is going to make his hair fall out.”

But, how interested are Trump’s judicial appointees in maintaining “settled” law? Stern warns that with some of Trump’s lifetime appointees still likely to still be serving on the federal bench as late as 2067, a long list of extreme Rightwingers now been confirmed by Senate Republicans, same-sex marriage rights are not nearly as secure as many of us may think.

“Republicans are completely ruthless in their endeavor to stack the court with wackadoodles,” he says. “And Democrats need to get their act together, or the world is going to be incredibly bleak in 2067 --- so bleak that Trump judges may be the least of our problems.”

Finally, Stern has a few choice thoughts on the unapologetic rightwing extremism of illegitimate Supreme Court Justice Neil Gorsuch, as the Court returns for its first full new term with a stolen Republican majority...

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