Today on The BradCast, Republican Senate Majority Leader Mitch McConnell's theft of the U.S. Supreme Court is nearly complete after his use of the so-called "nuclear option" today and his blatant, continuing lies in support of it. Also, concern grows about Donald Trump's reaction to this week's chemical attack in Syria on a dark day for both the country and the world. [Audio link to show follows below.]

As of today, it's almost done. McConnell's scheme to steal the Court majority for a generation on behalf of the GOP is now virtually a fait accompli with his procedural maneuver to kill the use of filibusters for SCOTUS nominees in light of the Democrats' attempt to block the confirmation of Judge Neil Gorsuch. The Senate rules change comes as McConnell continues to lie about his unprecedented obstruction of Barack Obama's nominee for the same seat, Judge Merrick Garland, for more than a year following the death of Justice Antonin Scalia in February of 2016.

Constitutional law expert Ian Millhiser, author of a recent book on SCOTUS and its widening political divide, joins us today to help explain what all of this is likely to mean for the Senate, the Court and the country in both the short and long-terms. None it very good, I'm afraid.

"I'm not the least bit surprised," that there were not three Republican Senators willing to step forward today to block McConnell's rule change with a simple majority vote, Millhiser, the Editor of ThinkProgress Justice, tells me. "After you make the deal with the Devil that leads to you supporting Trump in the White House, going one step further and saying 'we're also going to change the rules of the Senate' - that's not too heavy of a lift all of a sudden."

"It's absolutely a stolen seat. This is the Merrick Garland seat," he charges, referring to the Republican's years-long blockade of Garland and failure to even hold hearings, much less an up or down vote. "The block of Democrats who voted against Gorsuch represent more than 53% of the nation. So, the only reason this guy is going to be on the Supreme Court is because a President who lost the popular vote by nearly 3 million votes nominated him, and a group of Senators who represent a minority of the country, are going to vote to confirm him."

Millhiser also offers his thoughts on whether the filibuster for legislative actions may be next on the GOP Senate's chopping block, whether Democratic then-Majority Leader Harry Reid made a mistake by nuking the filibuster for non-SCOTUS judicial nominations back in 2013 (and we discuss what actually happened that led up to it), and what, if anything, Americans can now do to try and reverse the dangerous course the nation is clearly on.

Speaking of dangerous courses...Also today: Trump bangs the drums of war in response to the horrific chemical attack in Syria this week, despite his previous insistence that Obama and the U.S. stay out of the matter (even after an even more deadly chemical attack there in 2013) and despite the lack of international investigation, to date, as to who and what was behind the incident. And, finally, we close with a bit of good-ish news (the best we can find on a grim day) concerning a significant change in the way Americans, including Republicans, now view the Affordable Care Act in the five short months since last year's election.

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

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It was an appropriate end to our first week of daily BradCast shows. In a week filled with quickly moving breaking news to keep us on our toes here at BRAD BLOG World News Headquarters, it ended with the breaking news of major criminal indictments in both the Freddie Gray case in Baltimore and in Chris Christie's NJ "BridgeGate" scandal.

After covering both of those, my guest today was Larry Pfeifer, otherwise known as "Easton Eliot", or the man who hoaxed Rush Limbaugh and the entire Rightwing media bubble into running with the false story that Harry Reid's eye injury was caused by his brother who beat him up over the New Year's holiday.

Larry, who says he has never been involved in politics --- he told me he's never even voted before! --- explains exactly how the ruse came about, how the wingnuts fell for his scam hook, line and sinker, and why he's now created CleanUpTheMedia.com in its wake.

Plus: Bernie Sanders raises a lot of money since announcing his candidacy for 2016; the loss of an R&B legend; and speaking of hoaxes, the NRA's latest fund raising scam.

What a week! My thanks to all our fantastic guests this week and to all of our affiliate partners and listeners for your support! If you missed any of this week's shows, they're all here. We're back Monday to do it all again! Enjoy today's program!...

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Republicanist attorney John Hinderaker of the silly, hyper-partisan, rightwing PowerLine blog has always been more than happy to offer "legal" arguments to support whatever Rightwing nonsense his tribe would like to hear. When he's unable to come up with an actual legal argument, he's also happy to just type words to let the tribe know he's still on their side...even when the law isn't.

Commenting Monday night on the weekend's Bundy Ranch idiocy --- in which a scofflaw Nevada rancher who says he doesn't "recognize [the] United States government as even existing", has refused for the last twenty years to pay grazing fees for the use of public lands, as all other ranchers do --- Hinderaker admits that, "legally, Bundy doesn't have a leg to stand on."

Nonetheless, the Republican lawyer/blogger twists and turns to argue, "you should be sympathetic toward" ranch owner Cliven Bundy anyway. The reason for that sympathy takes some explaining, and some pretty impressive gymnastics to result in Hinderaker's final, rather laughable, argument for it.

Hinderaker must be desperate to get himself onto the non-RINO right flank of the Rightwing "FakeTriots" who rode in to southern NV last week with big manly guns a-blazin', but who, notably, did not ride in to the rescue when actual Big Government tyranny was actually cracking down on the public's right to occupy public spaces --- when the government actually used extraordinary violence to crush peaceful First Amendment-protected protests all around the country.

Neither does he, nor they, seem to give a damn when Big Government intrudes on the Constitutionally protected rights of women to privately take care of their own bodies; nor for the rights of millions of legal voters to freely cast their votes; nor for the rights of homeowners who've gone bankrupt and/or lost their homes thanks to Big Government-abetted crimes of gigantic, lawless, Wall Street corporations.

But what's most amusing about Hinderaker's article, in which he desperately (and transparently) attempts to get on the right side of folks he knows are wrong, but who are on his own political team, is that by the end of his article, he's finally figured out how to blame Big Bad Barack Obama and Harry Reid and, I guess, Liberalism or something for all the woes that Bundy is facing brought on himself. That, instead of calling out the rancher for his lack of personal responsibility in disobeying long-settled law, all while enjoying the Big Government welfare of "free" cattle grazing lands.

To do this, Hinderaker offers a pretend argument that the federal government isn't necessarily against development on public lands --- only certain types of development...

[This article now cross-published by The Progressive...]

It took awhile. A few years even. But, on Thursday, Senate Majority Leader Harry Reid (D-NV) finally decided he'd had enough.

By a majority vote of 52 to 48, the U.S. Senate changed their rules to partially end the filibuster, invoking what some refer to as the so-called "nuclear option". The rule change, which will permit an up-or-down majority vote on all Presidential nominations for executive and judicial office (with the exception of Supreme Court nominations), is better described as the "democracy option".

The rule change, for now, would have no effect on the use of the filibuster by the minority to block legislation. Three Democrats, Carl Levin (D-MI), Joe Manchin (D-WV) and Mark Pryor (D-AR), voted with Republicans to sustain the previous filibuster rules, last changed in 1975 when the Senate amended their Standing Rules to reduce the number of Senators required for cloture --- to end debate --- from two-thirds to three-fifths.

Although there had been noise, and urging from many quarters, for a dramatic change of the filibuster rules for some time, especially after Senate Minority Leader Mitch McConnell (R-KY) drew the dubious distinction of becoming the first U.S. Senator in history to filibuster his own bill, the impetus became particularly strong over the past several weeks with the outrageous block put on the nominations of every one of President Obama's nominations to the important D.C. Circuit Court of Appeal, the court which oversees federal regulations.

The result of yesterday's rule change in the U.S. Senate could well be a return, at least in part, to the Constitutionally designed functions of three different branches of government, as envisioned by our founding documents. It may also mark an end to a thirty-year scheme by Republicans to pack the courts with radical, right wing jurists...

Last week, Senator Elizabeth Warren (D-MA), a former Harvard Law Professor, argued that Senators not only have the right, but a constitutional duty to change the Senate filibuster rules. She argued, in no small part to her fellow Democrats, that the rules were being abused by Republicans as part of a "naked attempt to nullify the results of the last Presidential election [in order] to force us to govern as if President Obama hadn't won the 2012 election."

Her remarks (see video and text transcript below) were made in the wake of the third occasion in which Senate Republicans blocked the nomination of an extraordinarily well-qualified female nominee to the important federal D.C. Circuit Court of Appeal.

"Republicans now hold the dubious distinction of having filibustered all three women that President Obama nominated to the DC Circuit," she said. "Between them, they have argued an amazing 45 cases before the Supreme Court and have participated in many more. All three have the support of a majority of Senators. So why have they been filibustered?"

"Well, the reason is simple," she explained, answering her own question. "They are caught in a fight over the future of our courts. A fight over whether the courts will be a neutral forum that decides every dispute fairly, or whether the courts will be stacked in favor of the wealthy and the powerful."

Yes. The minority party in the U.S. Senate is blocking these nominations, not because of the qualifications of these very well-qualified women, but because they are continuing a thirty-year Republican effort to "rig the courts", as Warren explains, by packing the U.S. federal bench, particularly the D.C. Circuit Court of Appeals...

On Thursday, despite a deal said to have been struck with Democrats in August, Senate Republicans successfully used the filibuster to block meaningful economic reform again.

With just 42 Republican votes, the GOP was able to block the majority and continue to prevent the President's nominee --- his second --- from taking taking the helm at a crucial federal agency, ensuring the man appointed by George W. Bush would remain in that key role.

In late summer, in "GOP Filibuster Still 'Single Largest Obstacle to Meaningful Economic Recovery'", we explained how the Senate’s Republican minority had successfully used the filibuster to prevent the Obama Administration from replacing Bush Administration holdover Edward DeMarco as head of the Federal Housing Finance Agency(FHFA) . The FHFA is the federal agency which oversees government-sponsored mortgage giants, Fannie Mae and Freddie Mac, which own 60% of all mortgages in the United States.

Last year, in a petition to President Barack Obama, the advocacy group Change.Org described DeMarco as "the single largest obstacle to meaningful economic recovery". That assessment was shared by The New York Times' Nobel Prize winning economist Paul Krugman, who called for President Obama to "Fire Ed DeMarco," after DeMarco, in defiance of the Obama Administration, rejected a U.S. Treasury Department request "that he offer debt relief to troubled homeowners --- a request backed by an offer that the U.S. Treasury would pay up to 63 cents to the FHFA for every dollar of debt forgiven."

Although Krugman explained at the time that "a reduction in debt burdens would strengthen the economy," creating "greater revenues" that could "offset any losses from the debt forgiveness itself," DeMarco has consistently sought to protect the Wall Street casino (aka the mortgage backed securities market) against any relief to homeowners who were victimized by those fraudulent schemes.

All of these years later, Republicans in the U.S. Senate, defying the majority will of the American people, continue to help him...

 

IN TODAY'S RADIO REPORT: Deadly flash floods after "biblical" rains in CO; Senate Republicans hold energy efficiency bill hostage; Clean up or close up: EPA's new rules put the squeeze on coal; Huge new aquifers discovered in Kenya; Debunking the Daily Mail/Fox 'News' ruse about '60% increase in Arctic ice' ruse; PLUS: Molasses spill kills thousands of fish in Hawaii ... All that and more in today's Green News Report!

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

IN 'GREEN NEWS EXTRA' (see links below): EPA Chemist Who Revealed Twin Towers Toxic Dust Fired; Utilities Realize Solar Energy's Threat to their Survival; Boulder Colorado and the Quest for Local Control of Energy; CNBC’s Joe Kernen Lies About Climate Change on Squawk Box; '50 dirtiest' US power plants emit more greenhouse gases than South Korea; Australian military: Climate change is a 'threat multiplier'; Tesla challenges BMW on home turf; Nuclear energy on 'collision course' with U.S. water supplies ... PLUS: VIDEO: A Climate Alarm, Too Muted for Some ... and much, MUCH more! ...

Last year, in a petition to President Barack Obama, the advocacy group Change.Org described Edward J. DeMarco, a holdover from the Bush Administration who still serves as Acting Directer of the Federal Housing Finance Agency (FHFA), as "the single largest obstacle to meaningful economic recovery."

The FHFA controls the government-sponsored mortgage giants, Fannie Mae and Freddie Mac, which own 60% of all mortgages in the United States.

Around the time Change.Org began circulating its petition, New York Times' Nobel Prize winning economist Paul Krugman, called for President Obama to "Fire Ed DeMarco". The blog detailed how DeMarco had, in defiance of the Obama Administration, rejected a U.S. Treasury Department request "that he offer debt relief to troubled homeowners --- a request backed by an offer that the U.S. Treasury would pay up to 63 cents to the FHFA for every dollar of debt forgiven."

Treasury's request was rejected even though, as Krugman explained, "a reduction in debt burdens would strengthen the economy," creating "greater revenues" that could "offset any losses from the debt forgiveness itself."

The fact that a Bush holdover, who, for so many years, has been committed to protecting the same Wall Street casino --- the market created out of mortgaged backed securities --- whose collapse triggered what Krugman insists is now a "depression", is primarily due to the ability of Senate Republicans to block both of the nominations Obama finally made to replace him...

The one thing the Senate Majority Leader never seems to fail at: Failing.

Harry Reid last May, on the Senator floor, apologizing to Senators Jeff Merkley (D-OR) and Tom Udall (D-NM) for blocking their 2010 attempt to weaken the filibuster: "These two young, fine senators said it was time to change the rules of the Senate, and we didn’t," Reid said then. "And they were right. The rest of us were wrong --- or most of us, anyway. What a shame… If there were anything that ever needed changing in this body, it’s the filibuster rule, because it’s been abused, abused and abused."

Harry Reid today, after striking a deal with Minority Leader Mitch McConnell to ensure anything close to (small "d") democracy stays decidedly out of the U.S. Senate: "I’m not personally, at this stage, ready to get rid of the 60-vote threshold."

See Ezra Klein for more of Reid's reasons for striking a deal to make minor procedural changes to Senate rules which do absolutely nothing to change the use --- and abuse, abuse, abuse --- of the filibuster. See Sam Stein and Ryan Grim for more of an explanation of what the marginal procedural changes to be made actually are.

In short, as many Filibuster reformers are noting today: Harry Reid's filibuster reform doesn't actually reform the filibuster in any way.

But let's spread some blame around. According to Merkley --- who had been leading a coalition of Democratic Senators and activists calling for the requirement of a "talking filibuster" (already fairly weak tea when it comes to filibuster reform) --- during a conference call last week, he called on reformers to pressure these Democratic Senators who were still "wrestling with his proposal", as Politico characterized it: Max Baucus (MT), Patrick Leahy (VT), Dianne Feinstein (CA), Barbara Boxer (CA), Joe Manchin (WV) and Mark Pryor (AR).

Presuming the Reid/McConnell deal is adopted today, as it likely will be, another chance to reform --- or kill --- the filibuster all together will not occur until the first legislative day of the next U.S. Congress, in 2015. All of which goes some way towards supporting the suggestion offered by progressive activist David Swanson during my interview with him last November, that Dems, at least a minority with enough power to undermine their caucus, have little interest in reforming the filibuster, as it gives them an excuse to make sure things they want to act like they believe in, but actually don't, will never see the light of day in the U.S. Senate.

On my KPFK/Pacifica Radio show today we covered quite a bit of ground.

From Republican admissions about the most obvious story in the world (that the Florida GOP was attempting to suppress the vote this year), to the debate over filibuster reform in the U.S. Senate, and whether it should be mended, ended, or none of the above, with David Swanson (his vote: end it!), to the latest Green News Report and a remarkable piece of audio tape from a (now former?) Bill O'Reilly fan who saw the new documentary Chasing Ice and is pissed that she's been so misled by O'Reilly and Fox "News" about climate change for so many years...

Download MP3 or listen online below [appx. 58 mins]...

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IN TODAY'S RADIO REPORT: Debt ceiling theatre is over --- for now --- with clean energy & environment the biggest losers; It's official: Record heat wave makes for a record July; Don doesn't do Dallas (Tropical Storm Don, that is); PLUS: The most anti-environment Congress ever... All that and more in today's Green News Report!

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

IN 'GREEN NEWS EXTRA' (see links below): Star Polar Bear Scientist in the Dog House; Conservative, white men more likely to be climate change sceptics: study; EPA delays smog rule for fourth time; CBO: Clean Energy Standards Are an Affordable Way to Cut Carbon Emissions; Protesters Continue To Block Mountaintop Removal At Coal River; More reasons to switch to LED light bulbs; Issa to investigate Obama's fuel economy deal; Not looking good: Climate Trends and Global Crop Production; GOP presidential campaign town halls become oil lobbyist theater; World is building low-carbon global economy without the United States; Beware these household energy-saving myths ... PLUS: Gee, why are climate scientists so perturbed? ...

[Note: This piece was originally written for and published by Truthout earlier this week, prior to escalated, and often breathless, allegations now being made from the Right of "voter fraud!" and "election theft!" by the Reid campaign in NV. Many of those claims are baseless and evidence-free at this time, though some have roots, at least, in legitimacy. The article which follows offers evidence for the legitimacy of some of their claims. But I will try, if time allows, to post another piece soon, separating important fact from irresponsible and even sometimes silly fiction in many of GOP/Fox/Drudge/Breitbart-fueled allegations in NV. - BF]

Sharron Angle should start filing the lawsuits right now. Then again, so should Harry Reid. However, it might be a bit more difficult politically for the Senate majority leader, given the undeserved support Reid has shown in the past for Nevada's 100 percent unverifiable, error-prone, hackable, illegally-certified, electronic voting systems the state forces all voters to use at the polling place.

Given that the Angle/Reid contest in Nevada is likely to be among the closest - and most closely-watched - races for the US Senate this November 2, both parties would be wise to get to court and file for an order to ensure all of the hard drives, flash memory chips and memory cartridges to be used in their electronic voting machines during both early voting and on Election Day are securely retained for 22 months after the election.

The federal law requiring as much, Retention of Voting Documentation (42 USC. 1974 through 1974e), has, however, never been followed in any state to my knowledge, at least in regard to the sensitive memory cards and hard drives from electronic voting systems. Those devices hold both ballot programming and the way the computers have recorded - accurately or not - the way voters have voted. They might also hold the only evidence of any system malfunction or malfeasance. Nonetheless, officials routinely scrub those materials not long after the polls have closed. Key evidence - perhaps the only actual evidence - of how voters had hoped to vote and of any obstruction to that intent, is thereby lost forever.

The voting machine still used across the Silver State - the horrible, hackable, failure-prone Sequoia AVC Edge touch-screen voting machines with VeriVote "paper trail" printer add-on - has a storied history. There is also a recent history of very close elections in Nevada. Consequently, both candidates would be wise to bring on experienced Election Integrity experts to advise them in what can and will go wrong with those voting systems this year.

Unfortunately, while Reid seems to have long been in denial about the unverifiability and outright failure of the systems used in his state, Angle has likely been duped into buying into her own party's propaganda about "voter fraud," when the real problem is election fraud ... or just plain failure. Particularly in Nevada ...

After reports of ES&S touch-screen votes flipping away from Republicans, for a change, over the last several days in North Carolina and in Texas, reports are now coming in from Nevada about similar occurrences on that state's Sequoia touch-screens, just in time to underscore the importance of my story published today at Truthout, "Hacking Harry Reid (or Sharron's Angle)" arguing that one or both of the candidates locked in the Silver State Senate Standoff need to get to a court immediately, even though neither of them are likely to do so.

First, the reports of touch-screen troubles today in NV (which closely mirror the scores of reports in the same state that I detailed exclusively in 2008 as affecting Obama and the Democrats during early voting). This time, however, it's Republican voters charging trouble with touch-screens...

Speaking of GOP voter suppression efforts, there's this sleazy little dirty trick today, as now running on Hispanic television in Nevada, where a group calling itself "Latinos for Reform" is deceptively instructing the community "Don't Vote!" this November --- particularly in the razor-thin race between incumbent Democratic Sen. Harry Reid and his Republican challenger Sharron Angle.

You'll be shocked to learn that, of course, as TPM reports, the ads are the work of Republican political consultant, Robert Desposada. Whodda guessed it?

Here's the attention-grabbing spot, as translated into English...

And here's the version in Spanish actually airing in NV...

[UPDATE: ThinkProgress reports Univision, a subsidiary of NBC/Universal, is accepting $80k to air the GOP group's ads in Nevada. | LATER UPDATE: Univision decides to not run the ads after all, telling Think Progress late today, "Univision will not be running any spots from Latinos for Reform related to voting."]

And, perhaps this is a good time for a note for those who may not be aware as Election Day nears, particularly if you read our report yesterday on the "Republican War on Voting 2010" and little else here at The BRAD BLOG over the years: Our coverage of election issues is non-partisan...

As comedian John Fugelsang wryly tweeted recently: "My only real beef with the Republican Party is that they keep forcing me to vote for Democrats."

As horrendous as the Democratic leadership (particularly in the Senate) has been over the last several years --- little better underscores that horrendousness than the embarrassing Senate Majority Leader Harry Reid's announcement yesterday that he'd be putting off a vote for overwhelmingly popular middle-class tax-cuts until after the election --- the Republicans still remain far worse...and far more dangerous to both the country and the world.

Where the Ds are hapless, short-sighted, and cowardly, the Rs remain apologetically insidious, dangerous, shameless, and disingenuous.

The Daily Show's brilliant video montage last night, marking yesterday's thud-like introduction of the GOP's "Pledge to America" (which, we'd wager, is likely to be all but abandoned and forgotten by Rs by the time November 2 rolls around), illustrates that point as ingenuously as we've ever seen.

If Rep. John Boehner (R-OH) --- likely to become Speaker of the House if Republicans take it over this year --- had any shame, he'd be ashamed of himself. But he doesn't. So he won't...