A no-uncertain-terms brief [PDF] submitted to the U.S. Supreme Court by all 50 state Supreme Court Chief Justices eviscerated the so-called "Independent State Legislature" (ISL) theory being pushed by far-right legal activists.

Their rare decision to file an amicus curiae (friend of the court) SCOTUS brief reflects the unanimous recognition by all of the nation's State Chief Justices that the fringe ISL "legal" theory is so dangerous that, if it were to be embraced by a majority on our nation's highest federal court, it could hasten an end to our Constitutional democracy. And that is not hyperbole.

Earlier this year, the U.S. Supreme Court, now dominated by six unelected "radicals in robes", granted review in Moore v. Harper, a case brought to SCOTUS by North Carolina's Republican-controlled State Legislature after their partisan gerrymandered Congressional redistricting plan was struck down by their state's Supreme Court on the grounds that it violated NC's Constitution.

Ironically, Tar Heel State Republicans owe their own control of the General Assembly to partisan gerrymandering. When Democratic Governor Roy Cooper was reelected in 2020, he defeated his Republican opponent 51.5% to 47% statewide, yet GOPers were able to retain control of 56% of NC Senate seats and 57.5% of the House thanks to extremely partisan state district maps.

In Moore the NC Republican petitioners to SCOTUS rely upon the same ISL theory advanced by disgraced former Chapman Univ. Law Professor John Eastman as part of Team Trump's effort to steal the 2020 Presidential election.

Their argument is that, absent a federal law to the contrary, a State legislature has a plenary right to engage in what NYU's Brennan Center for Justice describes as "deeply undemocratic" partisan gerrymandering of Congressional Districts. They contend that, when it comes to laws regarding federal elections, state legislatures may not be constrained by a state's constitution as interpreted by its state courts.

In their brief, the 50 State Chief Justices argue that the ISL, as advanced by NC Republicans, does violence to the meaning of the word "Legislature" as envisioned by the framers and as it appears in the U.S. Constitution's Elections Clause (Article 1, Section 4), which provides that the "Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations."

Embrace of the ISL theory by a SCOTUS majority in Moore could similarly result in approval of Eastman's radical theory that state legislatures enjoy a Constitutional right to override the will of state voters to choose electors in the next Presidential election. It all underscores President Joe Biden's recent assessment that, come November, "democracy will be on the ballot"...

Echoing a recent Saturday Night Live sketch on today's BradCast, we ask: "What even matters anymore?" Well, plenty as it turns out, no matter how exhausted, anxious, depressed you (and I) may feel after a full year of the Trump Era. [Audio link to show is posted below.]

First up today, some encouraging numbers on Affordable Care Act ("Obamacare") enrollment for 2018, despite the GOP and Trump's best attempts to undermine any way that they could. (Along with a reminder that folks in California and New York still have time to sign up or change their existing plan if they work quickly!).

Then, Donald Trump and his party are already lying about the economy --- from unemployment figures to the stock market to their tax cuts --- under the first year of his watch, which, if demonstrable facts still matter (and they may not) is not as good as it was under Obama's watch.

Nonetheless, the economy is doing well for many and always matters to voters at election time. So, will Trump and Republicans gets more credit than they deserve for the strength of Obama's economic policies in the 2018 midterms? Especially after they are bombarded with non-stop propaganda from Trump and the Republicans about it over the next 10 months? If a majority of Democratic voters now approve of the job George W. Bush did in office, as a stunning new poll suggests, perhaps they may be as brain-addled as Republican voters, at this point, when it comes to keeping track of actual facts and reality. (SNL's Will Ferrell seems to think so, anyway.)

But, with "Trump Fatigue" now setting in for many, as our guest today, WILL BUNCH of Philadelphia Daily News, argues in a recent column, it may be getting more difficult to keep "The Resistance" going amid the barrage of dispiriting news and horrible tweets from Trump and his Administration. That, Bunch argues, makes 2018 incredibly dangerous.

So, how does "The Resistance" avoid stave off the fatigue before (and even after) the 2018 midterm elections, as the darkest of Trump's authoritarian impulses continue to kick in? How different is all of this from similar madness during Dubya's regime (the memories of Democratic voters notwithstanding)? And how much should the media and, yes, Democrats themselves be held to account for the mess we're now in?

"The actuality of Trump --- after just one year, remember --- has not been as bad as the actuality of eight years of George W. Bush," Bunch says. "But I think the potential is just so much worse. I think that causes this anxiety, but also the fact that people feel powerless to change this course. That is the 'Trump Fatigue' that I wrote about."

"It's fatiguing, it's exhausting, and it makes so many people just want to give up, not read the news, not call their Congressmen to protest the latest outrage that's going on. That's the danger. Again, that's the authoritarian playbook, what has happened so many times in so many places around the world. We've never had this experience in the United States, ever, and so we don't really know what to expect," he explains.

We discuss the effectiveness (and/or lack thereof) of public protest during the Trump Era, and how much of the lack of outrage, at least on the streets, can be chalked up to the ineffectiveness, so far, of the Trump Administration itself.

"I keep coming back, again and again, to two things," he says. "The environment and immigration are two areas where we are not waiting for Trump to do something. Those catastrophes are happening right now. The lack of action on climate change, the undoing of regulations to help the worst polluters. That's an abusive catastrophe that's already happened under Trump....The human rights catastrophe of ICE and the Border Patrol, and the way they're carrying out deportations --- they're arresting and targeting activists. These are individuals. They are isolated cases. But you have to do the math, you have to add it up. It's a pattern of human rights abuses. It's horrible."

We discuss all of that and much more in today's conversation.

Finally, Desi Doyen joins us for the latest Green News Report, with much more on the very real effects of Donald Trump's complete cluelessness about climate science facts and Team Trump's anti-environment, anti-Earth, anti-humanity agenda...

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On today's BradCast, guest hosted by Angie Coiro, we track the battle for a Presidential recount in three contested states. A look into the difference between a 'recount' and an 'audit'. How a disinformation campaign by Russia apparently took over hashtags to push false narratives, generated and distributed fake news, and worked overall to undermine Americans' faith in our democracy.

A quick delve into why Facebook's profits could take a serious ding if the company really went after fake news.

Then Leland Faust, unapologetic free market fan and author of A Capitalist's Lament, looks at the decay of financial industry standards over the past forty years, and demands change --- even while he decries existing regulations as ineffective wastes of time.

Finally, in the spirit of the season, a small list of things to be grateful for --- little glimpses of what America still does right.

Download MP3 or listen online below...

On today's BradCast, guest hosted by Angie Coiro, we discuss how multinational corporations avoid taxes (and what to do about it). Then David Dayen brings us his award-winning book on the mortgage swindle, Chain of Title: How Three Ordinary Americans Uncovered Wall Street's Great Foreclosure Fraud.

First up, David Atkins from The Washington Monthly and Dave Johnson of The Campaign for America’s Future dive into the murky waters of how to finally tax offshore corporate profits.

Finally, David Dayen discusses three unsung heroes of the mortgage meltdown – ordinary people who wouldn’t let their homes be foreclosed without fighting back. They sparked a movement that turned foreclosures back on the banks and led to real legislative change...

Download MP3 or listen online below...

Since the entrance of Sen. Bernie Sanders into the race for the 2016 Democratic Presidential nomination (and even well before), we've been discussing the concept of the "democracy deficit", defined by Noam Chomsky as the significant gap between the policy positions of the electorate and their "representatives", occasioned by the manner in which, as he argues, "elections are skillfully managed to avoid issues and marginalize the underlying population…freeing the elected leadership to serve the substantial people."

An article by Kevin Cirilli in The Hill last week, "Banks brace for Bernie Sanders" provides yet another opportunity to examine that troubling paradigm and the well-organized role the nation's corporate elite play in it.

While an effective, issue-based campaign from a self-declared "democratic socialist" like Sanders could otherwise serve to galvanize a bottom-up, small "d" democratic revolution at the polls, The Hill fails to so much as suggest that Wall Street is in any way concerned about what might transpire if Sanders were actually to secure the Democratic Party Presidential nomination. "He poses no real threat to the former secretary of State’s eventual nomination," Cirilli writes, citing the self-fulfilling prophecy of the elusive "conventional wisdom".

Instead, quoting one banking lobbyist after another, each who marginalize Sanders, the DC-based publication reports only that "Wall Street is worried that Sen. Bernie Sanders’s vigorous calls for banking industry reform will pull Hillary Clinton to the left, as the two presidential candidates battle for the 2016 Democratic nomination"...

The violent, "shock and awe" process that so-called "conservatives" cheered when L.A. police officials suddenly cleared the eight-week old Occupy encampment off the grounds of City Hall in 2011, will now cost the city some $2.5 million in settlement payments to the disrupted demonstrators.

The L.A. City Council, which had passed a resolution in support of the protesters in October of 2011, agreed to settle the lawsuit filed by a number demonstrators who said they were mistreated by police officials after then Mayor Antonio Villaraigosa (D) ordered LAPD Chief Charlie Beck to clear the tents and peaceful demonstrators from the City Hall grounds.

As we reported at the time, after the space was cleared in a late night law enforcement offensive, hundreds of demonstrators were detained in poor conditions for hours on end, many handcuffed in buses without access to food, water or medicine. The excessive force and deplorable conditions were often brutal and, yes, bordered on torture. Some were forced to urinate and defecate in their seats during the hours of detention and faced other brutal and humiliating treatment at the hands of both L.A. City and County police officials.

As Patrick Meighan, a writer for Fox' animated sitcom Family Guy and one of the non-violent protesters arrested on the night of the crackdown, detailed at the time: "They forced us to kneel on the hard pavement of that parking garage for seven straight hours with our hands still tightly zipcuffed behind our backs. Some began to pass out. One man rolled to the ground and vomited for a long, long time before falling unconscious. The LAPD officers watched and did nothing."

Finally, however, it appears there will at least be some accountability...

It's not enough that the police are killing unarmed African-Americans in Ferguson, Missouri. Now they're arresting journalists like Huffington Post's Ryan Reilly and Washington Post's Wesley Lowery for sitting in a McDonald's to recharge their cell phones while writing up their coverage of the protests and militarized police riots in response to the police killing of Michael Brown.

Read Reilly's account of his arrest here ("They essentially acted as a military force), and Lowery's here ("'My hands are behind my back,' I said. 'I’m not resisting. I’m not resisting.' At which point one officer said: 'You’re resisting. Stop resisting.'")

Here's a statement sent out tonight by HuffPo's Washington bureau chief Ryan Grim following the arrest, and subsequent release of Reilly and Lowery...

With all due respect to Grim, and I have much, while "police militarization" has, indeed, been among the most consequential developments of our time, it has not gone "unnoticed" and it has been "affect[ing] press freedom" for quite some time. The BRAD BLOG burned quite a few late-night pixels in a whole bunch of stories back in 2011 during the hey-day of the Occupy Movement trying to make exactly that point loud and clear, and again in 2012 when journalists were being arrested for their coverage. (And, certainly, years earlier than that as well.)

At the time, we also noted that the pretend patriots of the "Tea Party" movement didn't seem to give a damn about any of it, which still rings true today, as we echoed tonight on Twitter while we catching up with the evening's ongoing madness in #Ferguson...

Just a quick thanks to all those Bundy Ranch "patriots" for coming down to #Ferguson and standing up to Big Govt Tyranny.

— Brad Friedman (@TheBradBlog) August 14, 2014

But I'm certain the "patriots" will be arriving anytime now to help restore liberty to the citizens of Ferguson, unless they're home polishing their big manly rifles so they can help "protect our American rights and freedoms"...

Activists use chairs to blockade doors as they take over Taiwan's parliament to protest a trade agreement with China pic.twitter.com/pCU9CpUmg6

— Agence France-Presse (@AFP) March 19, 2014

Ernie Canning dropped me an email this morning linking to this article in today's LA Times...

Oh, and happy Martin Luther King Day.

It must be nice to be the king and get to decide who does and doesn't get to vote for (or against) you and your friends, just like the King Governor of Iowa...

[This article now cross-published by Salon...]

Despite reporting to the contrary from both Los Angeles' NBC affiliate and the Los Angeles Police Department, Trayvon Martin protesters in Hollywood on Sunday night neither "stormed" nor caused "about $15,000 worth of damage" at a local hotel.

For the most part, protests in the wake of the "not guilty" verdict for George Zimmerman in Florida, have been peaceful here in L.A., though, at times, it seems as if NBC's local affiliate, NBC4 hoped they might not be.

The BRAD BLOG has confirmed with a spokesman at the W Hotel in Hollywood that "no protestors ever entered" the facility, even as NBC4's NewsChopper4 reporter Megan Reyes told both the studio and viewers watching their live web stream of protests on Sunday night that protesters were "getting very rowdy" and had "broken glass" at the hotel. She cited no source for her reporting, and NBC4 did not respond to The BRAD BLOG's request last night via Twitter for details on Reyes' sourcing.

By Monday on NBC4, false reports of "broken glass" had turned into false reports of "$15,000 worth of damage" at the hotel, after reporter Tony Guinyard informed viewers that protesters "stormed" the hotel and, as an LAPD Commander, on camera, confirmed that report.

All of that, however, was completely disputed by two W Hotel officials we contacted on Monday...

Whistleblower Edward Snowden did more than simply expose a level of NSA surveillance that suggests the entire system has grown dangerously close to that of "Big Brother" in George Orwell's 1984.

In disclosing that he served at the NSA as a third-party contractor employed by Booz Allen Hamilton, Snowden's revelations touch upon the disturbing fact that the U.S. has become not only a national security surveillance state, but a privatized national security surveillance state. Our national security apparatus is now run, in no small part, by massive private corporations whose financial interests may be better served by operating in secret and by exploiting and exaggerating public fears.

As reported by The New York Times on Monday, Booz Allen "has become one of the largest and most profitable corporations in the United States almost exclusively by serving a single client: the government of the United States." The company "reported revenues of $5.76 billion for the fiscal year ended in March."

The majority shareholder in Booz Allen is The Carlyle Group, the massive global asset management firm whose defense industry contracts raised questions of a conflict of interest during the George W. Bush administration in light of the direct financial ties and active rolls in Carlyle maintained by Bush's father, former President George H.W. Bush, his Sec. of State, James Baker, III, Ronald Reagan's Defense Sec. Frank Carlucci and even Shafiq Bin Laden (Osama's brother).

These new revelations serve as a reminder that 9/11 did more than serve as an economic boon for the military-industrial complex. The events of that horrible day gave rise to an endless "war on terror," to the starkly swift passage of the USA PATRIOT Act of 2001 and eventually, along with it, --- as Sen. Russ Feingold, the only U.S. Senator to vote against the Act, predicted at the time --- to the massive reach of the NSA surveillance state. Feingold's prediction echoed the ominous warning provided by Sen. Frank Church (D-ID) some thirty years earlier, that if the NSA's surveillance capabilities were ever allowed to go unchecked, there would be "no place to hide."

But what Senators Feingold and Church do not seem to have anticipated was that this Orwellian level of surveillance capabilities would be placed into the hands of private cyber security contractors, and their billionaire benefactors, whose financial interests lie in an exaggerated state of fear and secrecy. The merger between the NSA and private corporate power raises the specter that this never-ending "war on terror" has given rise to a national security apparatus whose real purpose is to protect wealth and privilege against the threat democracy poses to our increasingly stark levels of inequality.

So, is it terrorism or democracy which is the real target of an omnipresent NSA surveillance capability? Or is it something else entirely?...

So this happened quietly last week:

In the very same week...

• A military judge agreed that U.S. Army Private Bradley Manning's pre-trial confinement, for having allegedly leaked classified diplomatic cables, was excessively harsh, but refused to dismiss the charges against him. Instead, the judge reduced 4 months from Manning's potential life sentence that he hasn't even received yet while being jailed for 2 years and 8 months, so far, waiting for his day in military court. The judge also delayed the start of his trial for another 3 months in the bargain.

• 26-year old activist and Internet prodigy and pioneer Aaron Swartz killed himself after what his family describes as bullying by a federal prosecutor who filed 13 felony charges against him --- with potential penalties of nearly 50 years in prison --- for something that has never been a crime and has no victims.

Meanwhile, just a few weeks earlier...

• Britain's largest bank, HSBC, was slapped on the wrist with a $1.9 billion settlement (a few weeks of profit) for having knowingly laundered billions of dollars for drug cartels and terrorist organizations and rogue states after federal prosecutors in the U.S. decided that any harsher punishment --- such as larger fines or taking them to court or, God forbid, sending any single one of their employees or board members to prison for even a day --- would potentially result in bankruptcy for the "too big to jail" international bank.

And, a few weeks before that...

• Oil giant BP pleaded guilty to 11 counts of manslaughter and other criminal charges related to the massive oil spill and deaths of 11 men on the Deepwater Horizon oil rig in the Gulf of Mexico in 2010. They agreed to pay $4.5 billion in fines (they made more than that in profit alone in the third quarter of 2012) over a five year period. Nobody would face any jail time in the settlement.

Yet, all the while...

• NRA stooges continued to pretend that their big bad assault weapons are responsible for keeping this country safe from big government tyranny.

What the fuck is wrong with this picture, those people, this Administration, our Dept. of Justice, and this country?

Rep. Ted Deutch (D-FL-19) joined me live on today's BradCast on KPFK/Pacifica Radio to discuss two things:

1) Our exclusive from earlier this week on FL Gov. Rick Scott's voter purge/DHS database deception (an issue which Deutch has been raising hell about for several weeks) and 2) His OCCUPIED Amendment to get corporate money the hell out of our electoral system, particularly in the wake of the U.S. Supreme Court overturning Montana's 100-year old anti-corruption law on Monday.

I was delighted to hear the Congressman was nearly as furious about both as I was. He also confirmed that nobody has been able to verify the "100 or so" alleged "non-citizens" that Scott says have been found on the rolls (out of 182,000 identified in the initial purge list and out of 11.2 million voters), and also that there are still three FL counties --- Lee, Collier and Bay --- where the Supervisors of Elections may still be carrying out the faulty and disenfranchising systematic purge.

My rant explaining Scott's scam kicks off the show, before Deutch then joins us. Then, Desi Doyen joins us with the latest Green News Report and we take a couple of quick amusing calls.

Oh, and though I mentioned it at the top of the show, I forgot to reiterate it again at the end of the show, so I'll do so now: FL Gov. Rick Scott, FL Secretary of State Ken Detzner and/or their spokesmen were invited to appear on the show to offer their response to our Monday exposé. They declined to even respond to the invitation.

Download MP3 or listen online below...

Guest blogged by Ernest A. Canning

Recently, The BRAD BLOG criticized the undemocratic features of the new "Top Two" open primary system (aka the "Cajun Primary") in California. The new system, approved via a ballot initiative in 2010, changes the state's primary to system to allow a single, open primary in which the two candidates who receive the highest numbers of votes, go on to face each other in the November general election even if the combined totals of the 'Top Two' do not amount to a majority of votes cast in the primary.

In our critique, we cited the race for the newly created CA-26 Congressional seat where, despite a Democratic Party voter registration advantage, come November, voters may be forced to choose between a 'Tea Party' Republican and a stealth Republican who changed her party registration to independent just days prior to the candidate filing deadline because the two are matched against four Democrats on the June 5 "Top Two" primary ballot.

Our analysis drew criticism in comments from some right-leaning readers claiming our critique was simply a case of sour grapes by a progressive author. But, the state's upcoming U.S. Senate race reveals that the undemocratic potential of the 'Cajun Primary' cuts both ways; that there is a distinct possibility that all Californians, come November, will be forced to choose between the incumbent corporate Democratic Sen. Diane Feinstein, and the Occupy Wall Street-connected, computer scientist David Levitt (see video below), who is also a Democrat...