We've been discussing for weeks (months, actually) on The BradCast how critical the November 8 midterm elections are to American democracy itself. I've even referred to it as the most critical midterms since the Civil War. Until recently, however, I had no idea how on the money that comparison actually is. [Audio link to full show follows this summary.]

In five states this year --- from so-called "red" states like Alabama, Louisiana and Tennessee to the theoretically liberal bastions of Oregon and Vermont --- slavery itself will be on the ballot. Seriously. Or, at least "involuntary servitude". What's the difference between that and slavery? Even our guest today, an expert on such issues, has trouble discerning that.

The U.S. Constitution's 13th Amendment, adopted in 1865 to end slavery, reads [emphasis added]: "Neither slavery nor involuntary servitude, except as punishment for a crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction."

In other words, slavery was abolished --- except for prisoners, who may be forced into involuntary servitude as part of their punishment. It's a not-accidental loophole, you'll be shocked to learn, that has been disproportionately exercised historically against Black Americans.

In 2020, however, several Democratic members of Congress introduced a resolution to begin amending that part of the 13th Amendment. But changing the U.S. Constitution is a heavy lift that requires passage by two-thirds of each chamber of Congress and approval by three-fourths of the states. In the meantime, there are the exact same or very similar references to involuntary servitude --- or even slavery itself --- still present in a number of state Constitutions and/or statutes. And, this year, there are ballot initiatives in the five states mentioned above to finally change or remove those references entirely.

So, yeah. Ending slavery, at least in some state constitutions, at least for prisoners, is actually on this year's ballot as well.

We're joined today for insight by THEEDA MURPHY, Co-Director of the No Exceptions Prison Collective, a non-profit, grassroots initiative based in Nashville, TN, dedicated to, among other things, aboloshing slavery!

"Any type of forced labor is slavery. Period. And should not exist in the United States in 2022," Murphy explains, stating what one would think should be obvious. Surprisingly, it isn't. There are elected officials --- both Democratic and Republican --- who have offered various reasons to oppose such initiatives to rewrite the 13th Amendment and the state-based provisions which echo it. Most of their reasons have to do with assuring that cheap prison labor can continue, a $500 billion industry where the average pay is $1/hour. (Though that is, somehow, not considered slavery!)

Over the past two elections, in 2018 and 2020, three states, Colorado, Nebraska and Utah, adopted measures to ban involuntary servitude. A recent effort here in California failed to make it onto the ballot this year. But the hope of advocates like Murphy is that, with reform at the state level, interest may grow in a federal Constitutional amendment that finally ends what is known as the "Punishment Clause" or the "Exception Clause'. But there are other reasons to adopt such measures as well.

States where similar changes have been made, explains Murphy, "are beginning to have these discussions about what does it mean to now have people that cannot be treated like property, that the state no longer owns, and what that means for every aspect of a person who is incarcerated. Can you deny them healthcare? What kind of food do you feed them? Do you charge them for their clothes? Those are the kinds of questions that begin to be answered, or to be asked, because people are no longer property."

Murphy says that in her home-state of Tennessee, internal polling shows both Democrats and Republicans are "united" on the ballot measure this year. "Nobody is FOR slavery," she quips. "Nobody at least will come out and SAY they're for it."

Hey! Maybe we found at least one issue that doesn't divide Americans? We'll find out after next Tuesday.

In other noteworthy news today...

• After nearly four years of House Democrats attempting to exercise the federal law that mandates the IRS "shall furnish" the tax returns of any taxpayer to the heads of several Congressional committees upon request, Donald Trump is running out of legal (and illegal) options to block the Democratic-controlled House Ways and Means Committee from reviewing his tax documents. But, after the federal appeals court in D.C. unanimously said last week that the IRS must turn them over, Trump filed an emergency appeal to his stolen, packed and corrupted Supreme Court. Today, Chief Justice John Roberts placed a temporary administrative hold on the lower court's order, buying Trump at least 10 days while the House responds to the disgraced former President's motion. But now, every day counts, with the possibility of Democrats losing their majority at the beginning of next year, when Republicans will almost certainly drop the House request. The clock is ticking.

• In somewhat brighter related news, after a similar administrative hold by the corrupt Justice Clarence Thomas last week, the Supremes have decided that Trump ally Sen. Lindsey Graham (R-SC) must sit for a deposition with the Special Grand Jury created by Fulton County, Georgia District Attorney Fani Willis, in her investigation of the Trump-led conspiracy to steal the 2020 election in the Peach State. SCOTUS, however, has left open some doors for Graham to return to district court if he believes any of the questions he's asked violate his right to not answer questions related to his legislative activity as a Senator under the Constitution's Speech and Debate Clause.

• Finally, Desi Doyen joins us for our latest Green News Report, with a bit of bona fide good news --- in several different stories, in fact --- to wrap up today's program...

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Today on The BradCast, a very ominous sign from the U.S. Supreme Court. Very. [Audio link to full show is posted below.]

On Thursday, the Court issued a 6 to 3 opinion in Jones v. Mississippi, which shatters years of established Court precedent that had prevented minors from being charged with life in prison without the possibility of parole in all but the most extraordinary circumstances, and where a judge has specifically made a rare finding that the juvenile's "crimes reflect permanent incorrigibility."

But the ruling by the Court this week --- in a case where a boy, Brett Jones, who had turned 15 days earlier, grew up as "the victim of violence and neglect that he was too young to escape," before snapping and killing one of his abusers just after he had abruptly lost access to the medication he took for mental health issues --- is appalling for a host of reasons.

Not only because, at 31 years old, Jones has since become a reformed, model prisoner in every regard (even the widow of his victim has urged the court for his release); Not only for the 6 to 3 majority decision by all 6 Republicans appointed to the stolen and packed Court; Not only for the opinion itself which will consign more than 1,500 others who committed crimes as children to dying in prison; Not only for the fact that this particular opinion was written for the majority by Justice Brett "What I did when I was young doesn't matter" Kavanaugh (of all people!); Not only for the fact that the decision overturns long-standing, painstaking Court precedents developed over several cases throughout the years; Not only for the fact that the majority simply pretend they did not overturn established legal precedent at all; And not only for the fact that Justice Sotomayor was forced to call the majority out for all of that in the starkest, most savage terms on behalf of the minority (charging the majority "is fooling no one" and "distorts [the precedential cases] beyond recognition", even as she specifically quotes Kavanaugh's very own prior statements on the importance of respecting established legal precedent); But, most troublingly, also for what it may portend in the weeks ahead, much less the years ahead, unless Democrats can quickly, at this point, figure out that they better come to their senses and figure out how to reform the U.S. Supreme Court before we see a boatload of similarly long-held precedents in even more disturbing cases, being completely trashed and overturned by this newly emboldened rightwing Court.

We're joined today by the great MARK JOSEPH STERN, our go-to Supreme Court correspondent from Slate, to discuss not only the Jones v. MS case itself, but what we should glean --- and none of it is good --- from how it has just played out before our eyes, now that the stolen majority on the Court has a full three Donald Trump appointees packed onto it.

As the newly emboldened rightwing activist Justices on the U.S. Supreme Court this week merely pretended precedent didn't exist, by essentially adopting dissenting views from the several cases that created the precedents, a newly emboldened rightwing state Supreme Court majority in Florida did something very similar. Stern also reports on that case, concerning a people's ballot initiative on recreational marijuana in the Sunshine State, which also underscores the long GOP Big Lies that they oppose judicial activism or Big Government tyranny.

With those outrages --- and what they portend for an era of rightwing judicial activism this week --- we also discuss the new proposal by Democrats in the House and Senate to expand SCOTUS from 9 Justices to 13, and the "kick-the-can-down-the-road" bipartisan Presidential Commission empaneled by Joe Biden to "study" the idea of reform for both SCOTUS and the federal judiciary as a whole.

Stern closes with a heads up --- a stark warning, in truth --- as to the big decisions still to come from the Court before the session ends in June, on the Affordable Care Act ("ObamaCare"); foster care by same-sex couples; and a clearly unconstitutional new abortion law (also out of Mississippi) in light of Thursday's appalling decision in Jones v. MS, which Stern categorizes as both "barbaric" and "one of the most dishonest and cynical decisions in recent memory."

Finally, in hopes of leaving you with some slightly brighter news after such a foreboding, grim report from SCOTUS and Stern, we've got some encouraging new polling numbers for Joe Biden. But, much more importantly, from young people who, for the first time in many years, and in rather substantial (even record) numbers across all races, are beginning to feel hopeful about the future again, as they see government as an ally on issues of poverty, combating climate change and on health care.

Hopefully none of them tune in for the earlier part of today's program...

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On today's BradCast: The effort by Donald Trump and Republicans to steal the Presidential election with false allegations of "voter fraud" didn't work. But that tsunami of disinformation is now being used to advance new restrictions on voting in the states as the GOP obstruction gets underway in the new Democratically-controlled U.S. Senate.

First today, there is quite a bit of news out of both the White House and the Senate. Among those stories covered today...

• President Biden's flurry of executive orders continue, including one today that calls for an end to privately-run federal prison facilities.
• Biden's nominee for Sec. of State, Anthony Blinken, was confirmed in the Senate. His nominee for Treasury Secretary, Janet Yellen, the first woman in that role, was sworn in today by the nation's first female Vice President.
• Mitch McConnell caved in his demand that Chuck Schumer and the Democrats promise to not do away with the wildly undemocratic legislative filibuster before he would agree to a new power-sharing agreement in the nation's wildly undemocratic upper chamber of Congress
• The historic second impeachment of Donald Trump, on charges of "Incitement of Insurrection" for the deadly, January 6th U.S. Capitol riot, formally began with Senators sworn in on Tuesday as "impartial" jurors and a vote by 45 Senate Republicans to toss out the whole matter entirely.
• And, before this one slips completely down the memory hole...Charges filed by the Justice Department against several military veterans who took part in the attempted insurrection at the Capitol that killed five people, include allegations that dozens of the former military insurrectionists pre-planned their coordinated attack, had hoped to arrest lawmakers, and appear to have had disturbing help from at least one, still-unidentified Congressional insider who gave the seditionists real-time help during the attack to locate lawmakers who had been shuttled into secured locations below the Capitol.

Then, we're joined by DAVID DALEY Senior Fellow at FairVote and author of the books UNRIGGED: How Americans Are Battling Back to Save Democracy and RATF**KED: The True Story Behind the Secret Plan to Steal America's Democracy. The latter documents the GOP's ingeniously insidious --- and successful --- plan to capture electoral control of statehouses in the 2010 elections in order to gerrymander the hell out of them for the next 10 years (or more).

Daley writes this week at Boston Globe about the latest effort by GOP state legislators to exploit Trump's absurdly false claims about "voter fraud" in the 2020 election in order to implement new restrictions on voting at the state level and new ways to game the electoral college vote. Among the states we discuss where Republicans are right now citing false fraud claims in order to game the systems: Wisconsin, Michigan, New Hampshire, Georgia, Minnesota and Texas. These efforts are very real, and may well work, even in states which currently have Democratic Governors.

We also discuss the ridiculously undemocratic Senate, where Democratic Senators represent tens of millions of more voters than Republicans but, due to "the original gerrymander" as Daley describes it, are barely able to win 50 percent of the seats. "The US Senate is weighted so viciously towards small states in a way that the founders, if they saw it now, they would be truly horrified," he tells me.

"You've got a 50/50 body and yet, those 50 Democratic Senators are representing about 41.5 MILLION MORE PEOPLE.  When you add into that the small-state bias of the Electoral College, when you add into that the advantage that that bias has given Republicans in selecting Supreme Court Justices --- five of these nine Justices  on the Supreme Court selected by a President that lost the popular vote --- when you factor in the advantages that Republicans have with gerrymandering and geography --- all the way down from the US House to the state legislative level --- we are looking at an epidemic of Republican minority rule in this country."

And then there's the need to get rid of the undemocratic filibuster in the already wildly undemocratic Senate if Democrats hope, as they are now promising, to quickly accomplish "big, bold things" done. One of those "big, bold things," as we discuss, is HR-1, the "For the People Act." It's an enormously ambitious and much-needed bill that includes a ton of long-overdue reforms for voting and fair elections; ending dominance of big money and dark money in politics; and re-enforcing disclosure and ethics rules for members of Congress. But, as long as the filibuster remains in place, it will be next to impossible to see that, or any of the other much-needed reforms get through Congress. Constituents of Democratic Senators Kyrsten Sinema in Arizona and Joe Manchin in West Virginia may wish to mention that to them. Repeatedly.

Finally, Desi Doyen joins us for our latest Green News Report, with more news on major executive actions signed by the new President to roll back years of Trump damage to our environment, and to push Biden's "Buy American" initiative to, among other things, move the nation as quickly as possible to American made, all-electric cars as the days of the internal combustion engine must quickly come to an end...

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On today's BradCast: Sanders is out, and a former federal prisoner tries to sound the alarm about deplorable and deadly conditions in our nation's prison system as coronavirus turns jail sentences, even for non-violent offenders, into death sentences --- not to mention the dangers posed to prison workers and their families in the bargain. [Audio link to show is posted below.]

First up: And then there was one. Vermont Senator Bernie Sanders announced the suspension of his Presidential campaign on Wednesday, leaving Joe Biden the last man standing from about 25 or so Democratic men and women vying for the 2020 Democratic Presidential nomination. In a live-streamed announcement, Sanders said he was leaving the race, though staying on the ballot in the remaining primary states (if they are ever able to vote amid the coronavirus pandemic) in hopes of leveraging as many delegates as possible at the Democratic National Convention (if it is ever able to happen) to continuing moving his progressive agenda forward. We share an extended portion of Sanders statement today, in which he announces his support for Biden, if not yet an explicit endorsement.

Next: While most Americans continue to hunker down in their homes and maintain physical distancing while outside of the home as COVID-19 cases and deaths continue to rise, there are millions held in state and federal prisons (as well as immigration detention centers) who are unable to physically distance themselves from others. The result, not unexpectedly, is an explosion of infections and deaths for both prisoners and prison staff around the country, even as some states have released thousands of non-violent offenders to try and ease over-crowding that is exacerbating the problem and turning incarceration into a potential death sentence for many.

Former Alabama Governor DON SIEGELMAN contacted us last week in hopes of trying to get the word out about the problem, including at the Federal Correctional Institution in Oakdale, Louisiana, where the former Democratic Governor (and "political prisoner") served five years of time before his long-overdue release in 2017.

The minimum security facility at Oakdale has seen an explosion of COVID-19 cases and, according to suspiciously low numbers being reported by the U.S. Bureau of Prisons (BOP), currently has more reported cases (35) and deaths (5) than any other federal facility. (Curiously, on its website, the BOP is reporting just 253 federal inmates and 85 BOP staffers infected as of today at more than 40 federal facilities across the country. At the same time, as the NYTimes reported this afternoon, the Cook County jail in Chicago alone has at least 387 cases linked to that one county facility.)

Siegelman, who has been in touch with some of his former cellmates who are now pleading for help, details the conditions that prisoners at the Oakdale facility are forced to live under. "The conditions at Oakdale were bad before the virus started," he tells me. "If people can imagine living stacked, one on top of the other, basically a warehouse."

He details one of the areas he was housed in that inmates call "the submarine room" because bunks are stacked three high and it is like living in a submarine. The bunks, he says, are "so close together you can actually reach out and touch the other inmates if you wanted to. It was so crowded. There's no ventilation. The doors are shut, the windows are locked. There's nothing to protect an inmate from breathing what other inmates exhale." With inmates "in such close proximity, there is no way to protect themselves from someone who has the virus, who is a carrier. For the virus, it's going to be like shooting fish in a barrel."

Siegelman explains that he has been told the facility has not made adequate changes to deal with the outbreak, which is why the ACLU has filed a lawsuit in hopes of allowing many of the non-violent offenders to be released from the facility. While that has happened in a number of state prisons, the federal system is moving intolerably slowly in taking any action at all. In many cases, Siegelman says, prisoners are locked up during pre-trial, before they've been found guilty of anything. In others, they are forced to stay in these dangerous conditions longer than they might otherwise, since many probation and parole boards have been unable to meet due to the pandemic.

He is calling for non-violent offenders, particularly those late in their sentences, to be released immediately. "My question is, why are they there in the first place? If they pose no threat to public safety, if they're non-violent offenders, if they have only a few months remaining on their sentence, if they are at risk because of health reasons, why not let them out? They should have been out already."

The once very popular southern state Governor served from 1999 to 2003, after serving as Alabama's Sec. of State, Attorney General and Lt. Governor. He was charged with bribery-related offenses in which he never received a dime on charges that more than 100 former Democratic and Republican state Attorneys General described as something that was never considered to be a crime until Siegelman was charged with it. He was sentenced by a federal judge who was later arrested and removed from the bench after being found to have beaten his wife.

The evidence suggests, as we've covered his story over the years on air at The BRAD BLOG, that it was a political prosecution which included major prosecutorial misconduct during the George W. Bush era, when Siegelman's Republican rival, Gov. Bob Riley, worked closely with longtime Alabama GOP operative Karl Rove to take him down by any means necessary. That included an almost-certainly stolen election on a Diebold optical-scan tabulator on which results were flipped against him in the middle of the night. All of which Siegelman details in his upcoming book, Stealing Our Democracy: How the Political Assassination of a Governor Threatens Our Nation.

For now, however, Siegelman is fighting for criminal justice reform and imploring listeners to "call your mayors, your governor, and Members of Congress to keep the pressure on to get these people out of jail and out of prisons that pose no public safety risk. They need to say that inmates that are non-violent, that pose no public safety risk, need to be released --- or at least placed in another facility where they are separate from other inmates. .... We would hope that the President of the United States would get on board and take this a little more seriously. But don't hold your breath."

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On today's BradCast, I'm your host - Angie Coiro, host of In Deep with Angie Coiro.

Donald Trump's tweet fingers were a'twitchin', as he tried to keep up with the flow of Mueller investigation news while churning out headlines of his own. For starters, he made three key appointments/nominations:

• Army head General Mark Milley will move over to chair the Joint Chiefs of Staff;
• Former H.W. Bush Attorney General William Barr is up for confirmation as Trump's next A.G.;
• Former Fox 'News' talking head Heather Nauert is up to replace Nikki Haley as UN ambassador.

I've got the whys and wherefores on those for you. Also, Trump went into rage mode at word of his former Sec. of State Rex Tillerson's very frank discussion on Thursday at a public interview with CBS news veteran Bob Schieffer. Tillerson's explanation of Trump's incomprehension of basic issues, along with his trademark lack of discipline, provoked high-minded Trump tweets calling Tillerson "dumb as a rock" and "lazy as hell".

The BBC has a good basic rundown if you're trying to catch up with the case of Chinese telecom Huawei's alleged spying. I bring you the highlights plus updated news.

Meanwhile, a Swiss paper has published a conversation with Fox's Tucker Carlson who damned the White House occupant as "incapable" of fulfilling his promises. And he went further: "I don't think he's capable of sustained focus. I don't think he understands the system. I don't think the Congress is on his side. I don't think his own agencies support him."

Then, legal expert and journalist LARA BAZELON joins me to discuss her work on restorative justice for wrongly-convicted parolees. She's covered the topic for years for Slate.com, and has now released a book called Rectify. The full version of our conversation will be posted here over the weekend. Don't wait for that, though - I've brought you a big chunk of it right here on The BradCast!

Plus, so much more! It's a bellyful of news today. Check it out!...

Download MP3 or listen online below...

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 BradBlog.com/Donate 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...

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On today's BradCast: Donald Trump's assertion at the White House on Monday that "ObamaCare is finished, it's dead, it's gone...There is no such thing as ObamaCare anymore" is a blatant, cruel and malevolent lie. It is also, along with Trump's other efforts to undermine the federal law, an impeachable offense. Also today, very real and proven effective solutions to gun violence, which do not receive attention or funding they deserve. [Audio link to full show is posted at bottom of article.]

First up, Trump's recent comments and actions to sabotage American health care are, as I argue, in violation of his sworn oath to "protect and defend the Constitution", which includes the Article 2 requirement that the President must "take care that the laws be faithfully executed."

Instead of faithfully executing the law, Trump is undermining it, and putting millions of Americans at risk of losing access to affordable health care, as provided by the Affordable Care Act. In addition to his unforgivable lies about ObamaCare on Monday, thanks to his announcement late last week that he will stop payments to help cover out-of-pocket expenses such as deductibles and co-pays for low-income citizens (as mandated by the ACA), insurance premiums have now sky-rocketed in a number of states, including in Pennsylvania, which, its insurance Commissioner announced on Monday, will see average increases of more than 30%. (Similar increases are also slated for Florida, Arkansas, Oregon, Alaska and dozens of other states, thanks to Trump and the GOP's attempt to gut the Obama-era law that has helped some 30 million obtain and pay for health care, while improving health care insurance plans for hundreds of millions of Americans.)

Despite Trump's dangerous and impeachable lie, ObamaCare still very much exists. Its Open Enrollment period runs November 1 through December 15 at HealthCare.gov. (Please spread the word, since Trump also cut millions of dollars of funding to do exactly that, so most simply don't know.)

At the same time, Republicans continue to block gun safety legislation, even after 58 were murdered and more than 500 wounded in a matter of minutes by a gunman in Las Vegas just over two weeks ago. But while such mass murders make momentary headlines and gun safety legislation continues to be mired at the state and federal level --- thanks to the arms industry representatives of the terrorist-enabling National Rifle Association (NRA) --- very successful efforts to curb gun violence in the areas that need it most go largely overlooked by both Democrats and Republicans alike across the country.

We're joined today by PASTOR MICHAEL MCBRIDE, National Director for the LiveFreeUSA.org campaign, comprising hundreds of faith congregations throughout the US committed to addressing gun violence and mass incarceration of young people of color. McBride explains how, despite the organization's remarkable success rate in curbing gun violence in minority communities (see his recent NYTimes op-ed), such programs are often shamefully overlooked or ignored by public officials.

"We have been able to, over the years, figure out strategies to target those at the highest risk of shooting and being shot. And help make sure that their lives are saved, their lives are redirected, they're behavior is transformed and changed," McBride explains. "And, most importantly, we have communities that are not over-determined, that are not traumatized, that are not filled with fear because of the prevalence of gun violence."

"We believe that these are the strategies that we can implement and fully resource at the local level, without having to change the policies or get bogged down in a 2nd Amendment argument," he tells me, explaining how it can be done without over policing as well. "Too often in the black community, in poor communities, brown communities, racial profiling is used as the primary tool to try and identify these individuals, and that creates a 'collective punishment' kind of environment, where everyone in the community who looks like a 'criminal' is then treated as one. And we have found that that is not only unconstitutional, but it is certainly not effective."

McBride, who served as an Advisor on President Obama’s Faith Based Advisory Council for Faith-Based and Neighborhood Partnerships, explains "we have found, consistently in cities across the country where this is done, decreases in violence in the first 18-24 months that can be as low as 30% and as high as 60%. Those numbers are unprecedented." He adds those numbers are achieved "without more arrests, without more incarceration" and even result in drops in police shootings, misconduct charges and complaints.

As to why such strategies are too often overlooked by politicians of all stripes, McBride argues that "'tough-on-crime' [policies] and growing police departments and building more prisons has been a bipartisan slam-dunk for those who want to seem they are being responsive" to neighborhood gun violence. But, these "very much underfunded" programs work and are far less expensive than too-often tragic alternatives. He describes it as "the cost for peace vs. the cost for death".

Please tune in for this highly informative conversation with more details than I can properly relay here.

Finally today, Desi Doyen joins us for the latest Green News Report with a remarkable amount of news on, among other things, the record hurricane that smashed into Ireland this week, the post-Hurricane crisis in Puerto Rico, the historic deadly wildfires in California (and elsewhere) and coal plants being shut down in both China and Texas...

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So who is the "nut job" here? On today's BradCast, Trump appears to have dug himself even deeper into the Obstruction of Justice mire and, speaking of "justice", Attorney General Jeff Sessions rolls back bi-partisan gains on criminal justice reform made during the Obama Era. [Audio link for show follows below.]

A new report today from the New York Times alleges that, during his Oval Office meeting with the Russian Foreign Minister and Ambassador last week, the day after he'd fired James Comey, President Trump described the former FBI Director as "crazy" and a "real nut job". He reportedly explained that he'd been under "great pressure because of Russia," but that pressure had been lifted due to his firing. If accurate, the new report, said to have been based on documentation of the meeting from the White House itself, could serve as more evidence of Obstruction of Justice by the President, who has now departed for a nine day overseas trip.

Foreign diplomats are reportedly making special preparations to deal with Trump in the Middle East and Europe, including plans to compliment him on his Electoral College win, and by keeping presentations short enough for his, um, limited attention span.

But lost among the sturm und drang over the Comey firing and related dramas over the past week or more is the fact that Trump's executive agencies, such as the EPA, the Department of Interior and Department of Justice, are all moving ahead with some pretty troubling policies. Among them, Attorney General Jeff Sessions' harsh new guidelines requiring federal prosecutors to charge defendants with the "most serious" crimes possible in order to, among other things, force judges to impose mandatory minimum sentencing. This comes even while the U.S. has less than 5% of the world's population, but nearly one quarter of its prisoners.

The new Trump Administration policies, rolling back progressive Obama Era reforms, are being enacted despite decades of plummeting crime rates and broad bi-partisan efforts for criminal justice reform, both at the state and federal levels, according to my guest today, former New York Asst. District Attorney Ames Grawert, now counsel at the Justice Program for NYU's Brennan Center.

Grawert, co-author of the new report, A Federal Agenda to Reduce Mass Incarceration, speaks to the Trump/Sessions claims that crime is rampant and ravaging the nation, despite all evidence to the contrary. "Fear sells," he tells me. "He [Trump] and Sessions need something to convince people that there's a need to embrace these draconian blast-from-the-past policies on mandatory minimums."

About those policies, Grawert laments, "Whether you come to it as a conservative from a moral angle, a religious angle, or simply a budgetary common sense angle, there's a lot of Republicans who are willing to say that criminal justice reform is an imperative for the country. It's shocking that Sessions [when he served as U.S. Senator, blocking a bi-partisan reform bill] was not one of them."

Obama's Deputy Attorney General Sally Yates (yes, that Sally Yates), had issued a memorandum last year instructing federal prisons to end contracts with private prison corporations for a number of reasons supported by both Republicans and Democrats. "Sessions rescinded that very early in his tenure," Grawert notes, "with an ominous declaration that it was needed to meet the quote 'future needs of the federal correctional system.'"

"The problem is that when you have mandatory minimums like these, and when you have an order like the one Sessions just put out last week preventing prosecutors from deciding how they are going to charge a case, it takes a lot of the discretion out of the hands of prosecutors. So, rather than making sure that they, who know the case best of all, are able to help the judge fit the punishment to the crime, you have prosecutors with their hands tied, required to seek a draconian sentence that they, themselves, and that judges also may not feel is actually called for."

"The one thing we learned from the last thirty years or so, is that the federal government's power of the purse, and the tone set in Washington, they carry a lot of weight at the state level," he tells me. "So if you have an attorney general saying, look, we need to send more people to jail for longer, you shouldn't think for a minute that people in states, people running for D.A., people running for governor's house, won't listen to that and take their cues from that."

Please listen to the full show with much more on all of the above right here...

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Shockingly good news on today's BradCast, following today's remarkable announcement by the U.S. Dept. of Justice that they are working to end the federal government's "use of privately operated prisons".

After that, you may want to pop up some popcorn to best enjoy the rest of today's program. [Audio link to complete program is posted below.]

First up today, Deputy Attorney General Sally Yates issued a memo, as Washington Post reported, instructing federal officials "to either decline to renew the contracts for private prison operators when they expire or 'substantially reduce' the contracts’ scope. The goal, Yates wrote, is 'reducing --- and ultimately ending --- our use of privately operated prisons.'

Wow. Her memo goes on to cite a recent DoJ Inspector General's report finding that privately run prisons do not provide same level of service, "do not save substantially on costs" and "do not maintain the same level of safety and security" as those run by the federal government's Bureau of Prisons.

I am joined by Carl Takei, staff attorney for the ACLU's National Prison Project, for both an explanation and a bit of a victory lap after his organization and others have spent decades taking on the private, for-profit prison industry. Takei details what the announcement means, why it has finally come about now, and how the ACLU and others --- including investigative reporters, the Bernie Sanders campaign, and eventually the Hillary Clinton campaign --- have long argued precisely what the DoJ has admitted today.

"Handing control of prisons over to for-profit companies is a recipe for abuse, neglect, and misconduct because their primary duty is to their shareholders. They have to deliver value to their shareholders by skimming a profit off of whatever payments the government gives them to run the system," Takei tells me.

"In the 1990s, when the Bureau of Prisons first started this experiment with private prisons, the argument was they could provide incarceration more cheaply and that the innovations of the free market would somehow make things better. In fact, it turned out to be far worse. Because the major way that you can make money off incarceration is by cutting expenses," he says. "Some of the biggest expenses are security staff, medical staff, and providing medical services. Anywhere that the company starts cutting back its expenditures, it ends up harming the people inside."

He goes on to offer some startling examples of both that and of some of the easily-disproven responses and claims of the for-profit, private prison industry lobby.

Next, we look at how the coming and/or current GOP Civil War is shaping up not as a battle of ideas for the party's future, but as a wingnut street-fight over whose false version of 'reality' will win out. It's getting quite ugly. But also, at least for those of us on the outside, kinda hilarious in several regards.

Then, Desi Doyen joins us for the latest Green News Report, with "some news that blows" and, finally, we close with the NYC Parks Department hilariously short response to the growing erection of naked Donald Trump statues around the city. You're welcome.

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On today's BradCast, voter head to the polls in the New York Presidential Primary and encounter yet another electoral mess, while down in Mississippi, the decades-long false 'promises' of the Prison Industrial Complex come back to bite local jurisdictions in the ass.

First up, it's like clockwork, and just as we predicted on yesterday's BradCast. As voting began today in NYC, reports of problems began immediately rolling in. Some of them, concerning vote-flipping, are complete hoaxes (which I won't link to, but I explain on the show), while others --- concerning tens of thousands of voters purged from the rolls in Brooklyn, optical-scan computer tabulators breaking down around the city, and polling places that failed to open on time --- are quite real and, once again, it is voters who are paying the price.

We'll have much more on those problems in the days ahead, I suspect, as reports have continued to emerge upstate and elsewhere, as predicted, since putting today's show to bed.

Then, we're joined by Huffington Post Washington Bureau Chief Ryan Grim on the newly emerging failures of the "conservative" budget scam concerning private prisons and reliance on the Prison Industrial Complex. With Republican unwillingness to raise taxes to increase revenue to pay for services, coupled with a decreasing prison population, some county and local budgets in Mississippi are now suddenly "devastated" thanks to broken promises from state officials.

"In the late 90s," Grim tells me, "the state was facing massive over-crowding issues as the era of mass incarceration was really hitting its peak and starting to plateau. The state reached out to the counties and said, we would love to help you build regional facilities, and we will then send you state prisoners. That's gravy for you. You got empty beds, we're going fill 'em, and every time we fill them you get money."

Those payments, however, didn't last. Grim has been reporting on how small towns and counties which fell for that scam and promises of high prison capacities are now unable to meet budget requirements, sometimes even for the most basic of services, as private for-profit prison companies continue to make money from tax-payers.

"Local officials are also talking quite openly about how this exposes the state and federal government's conservatism as bankrupt, and not true conservatism," Grim explains. That's also a problem which more and more states are discovering (hello, Kansas!) on a number of fronts as tax cuts and an unwillingness to raise taxes when necessary to meet budget shortfalls is now hurting many smaller jurisdictions around the country.

Speaking of folks who "fell for it", we finish up today with a bunch of Republican voters in a bunch of counties in one state who are now calling for seceding from the Union! Sounds good to me!...

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I'm back after a few days off for today's BradCast! My huge thanks to Radio Or Not's Nicole Sandler for guest-hosting over the past several days and affording Desi and me a bit of much-needed down time.

Of course, as soon as we stood down, everything blew up in Congress and everywhere else. So, I touch on a few of those points --- particularly the Republican Party coming apart at the seams, as we now see in their inability to find a House Speaker or even a Presidential candidate for that matter --- on today's program.

Then, it's on to the continuing fight for the right to vote across the country. We've got some troubling news out of Kansas, where their Sec. of State Kris Kobach (R) is attempting to justify his voter suppression with new prosecutions. And then we've got some very good news out of California, where voter registration will now be automatic and could lead to as many as 6.6 million new voters in the Golden State.

At the same time, Fox "News" is now offering a huge lie about the state's new law, as advanced on air today by Judge Andrew Napolitano.

After offering his (rather remarkable) opinion that the U.S. Supreme Court "wrongly" found voting to be "a fundamental right," Napolitano asserted the lie that "once it said that, states like California decided to allow people to vote who aren't qualified by law to vote because of the fundamental aspect." The former Judge then added to his lie by claiming that "an illegal alien in California...can vote in local, state, and federal elections in California and those votes count," simply by obtaining a drivers license under the new Motor Voter Law signed over the weekend by Gov. Jerry Brown (D).

In response to Napolitano, we obtained a statement via email from Dean Logan, the Los Angeles County Register-Recorder/County Clerk, describing the outrageous assertion as categorically "false". "The new Motor Voter law only applies to those identified by DMV records as meeting the eligibility requirements to be registered to vote --- including citizenship," Logan says in his statement this afternoon, as read on air. "The law specifically mandates that distinction and the adoption of regulations to ensure against registration of non-eligible persons. The contention that the law automatically places non-citizens on the voter rolls is false."

Since airtime, the office of CA Sec. of State Alex Padilla (D) has also responded to our query and confirms that the new law "expressly prohibits" voter registration for non-citizens. Of course, Fox couldn't be bothered to find out and accurately inform their viewers.

Next, we are joined by Michael Collins of the Drug Policy Alliance to discuss the federal Bureau of Prisons' long overdue reform to sentencing guidelines that will result in some 6,000 inmates being freed within days, and perhaps a total of 46,000 thereafter. Collins explains how the changes came about and notes: "The Sentencing Commission definitely deserves to be applauded for what it's doing. But, at the same time, it's a drop in the bucket compared to the overall prison population."

"Drug offenses and the hysteria around drugs in the 80s and 90s, where laws were introduced, mandatory minimum sentencing was introduced, and we saw the prison population grow through the roof," requires reform that only Congress can provide. But, as dysfunctional as Collins acknowledges Congress to be, he says, on this issue, there is actually very real, bipartisan momentum in favor of reform in both chambers.

"There is a strong, bi-partisan movement for criminal justice reform and for sentencing reform," he tells me. "Republicans, Democrats, liberals, Tea Partiers, hard-core conservatives, old-school law and orders --- you name it --- there's this broad bi-partisan momentum to do something on criminal justice reform."

Finally, Desi Doyen joins us for our latest Green News Report, with an opportunity to call out Sen. Lindsey Graham (R-SC) for his remarkable display of hypocrisy in the wake of historic flooding in his home state.

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Would the nation even be discussing what happened in Baltimore were it not for the violence that broke out at the protests over the killing in police custody of Freddie Gray?

Also, Sen. Bernie Sanders (I-VT) is jumping in to the 2016 race for the Democratic Presidential nomination.

Our listeners call in with thoughts on all of the above and more in a very lively show! All of that and Desi Doyen with the latest Green News Report on today's BradCast!

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In the weeks since its debut on HBO, Last Week Tonight with John Oliver has slowly, if assuredly, evolved from being little more than a weekend knockoff of its progenitor The Daily Show, to finding its own unique voice and ability to take advantage of the more in-depth "coverage" afforded by the lack of self-censorship otherwise required for commercial television and longer segments due to the lack of on-the-clock commercial breaks necessary for its Comedy Central brethren.

That maturity and evolution revealed itself in full flower during last night's lengthy segment on America's horrific and insane --- and getting horrificker and insaner --- prison and incarceration policy.

Aside from being really really funny at times, the lengthy segment was one of the smartest, most complete, most accessible treatises I've seen on TV --- or anywhere really --- in a very long time, if ever.

It concludes with a laugh-out-loud Sesame Street-style song on the broken state of America's prison policy, after covering obscenities along the way such as the explosive growth in our prison population; the failed "War on Drugs"; racial disparities in sentencing; our grotesque cultural fetish with "hysterical" prison rape humor; some fairly jaw-dropping Congressional testimony (courtesy of Sen. Al Franken); to the privatization and profiteering of the national Prison Industrial Complex which has culminated, as a judge described in 2012, in "a cesspool of unconstitutional and inhuman acts".

This smart piece is well worth watching in full for too many reasons to list here...

[Note: For a somewhat less amusing, if no less important take on one related issue not mentioned by Oliver during his otherwise surprisingly complete overview, see the second part of Ernie Canning's three-part 2012 BRAD BLOG essay on the so-called "War on Drugs", which discusses how legalization might well disrupt the economics of the Prison Industrial Complex and its increasingly relied-upon pool of slave --- yes, slave --- laborers.]

CORRECTION: Our original article had the name of HBO's show wrong, as well as the quote from a federal judge about the privatized prison system in Mississippi. Both have been corrected above, thanks to commenter "Niemand" pointing out the errors below.

Guest Editorial Series by Ernest A. Canning

Even a glimpse at the statistics leads knowledgeable sources, like Ethan Nadelmann, founder and executive director of the Drug Policy Alliance, to describe the 'War on Drugs' as a "failed prohibitionist policy."

"Over the last 40 years, more than 45 million drug-related arrests have cost an estimated $1 trillion," Amy Goodman reported on Democracy Now! "Yet drugs are cheaper, purer and more available today than ever."

And that's just in the U.S.

According to the United Nations' 2011 World Drug Report [PDF], "in 2009, between 149 and 272 million people...aged 15-64 used illicit substances at least once in the previous year." The UN estimated that Cannabis was "consumed by between 125 and 203 million people worldwide in 2009," adding:

But Nadelmann's description of the 'War on Drugs' as a "failed prohibitionist policy" is derived from the supposition that the 'War on Drugs', at least here in the U.S., was actually formulated with a desire to suppress or eliminate drug abuse.

In PART 1 of this series, we examined the question of whether the U.S. Government's effort to challenge legalization of marijuana in California and elsewhere was akin to shutting down the competition, given the CIA's long-documented history of profiting from the world-wide drug trade. In PART 2 we posited that an end to the 'War on Drugs' could deliver a devastating blow to the bottom line of American corporations who have come to depend upon the Prison Industrial Complex in the U.S. and its huge pool of slave laborers --- most, non-violent drug offenders.

So now, we must examine the hypothesis that, if accurate, should rock us all to our core.

What if the horrific consequences of the worldwide drug trade, which, per the UN 2011 World Drug Report, includes an annual death toll of 200,000, are precisely what President Nixon and the covert branches of U.S. Empire had in mind when formulating a policy that would enhance the domination of the 1% over the 99%? Are we now living in a form of Aldus Huxley's Brave New World in which "Failure is Success" can be added to the three slogans from George Orwell's 1984 --- "War is Peace," "Freedom is Slavery" and "Ignorance is Strength" --- a world in which a vote against legalization is actually a vote in favor of illicit distribution by organized crime and their allies in the CIA?...

Guest Editorial Series by Ernest A. Canning

This is the second of our three-part series advancing the hypothesis that one must turn to economics to make sense of the so-called 'War on Drugs' and the U.S. government's seemingly irrational obsession with shutting down something as innocuous as medicinal marijuana dispensaries.

PART 1 examined both historical and recent links between the CIA and the illicit drug trade. It explored the extent to which the so-called 'War on Drugs' has been used as cover for the CIA's covert import of narcotics, both into the U.S. and other nations, in order to fund the mischief the Agency engages in on behalf of U.S. Empire. It postulated that the government’s opposition to controlled legalization, taxation and medical, educational and psychological assistance in avoiding substance abuse is the product of an illicit supplier shutting down the competition.

Here, we will examine the profitability of the Prison Industrial Complex in the U.S. and the extent to which the world's largest prison population provides a ready source of slave labor for some of the world's largest corporations…