If you had "Hurricane in Southern California" on your Climate Crisis 2023 Bingo card, please come on up to accept your prize. Details on that on today's BradCast, along with a whole bunch of other stuff we've had to set aside of late, thanks to the now 91 criminal felony charges being faced by our corrupt and disgraced former President. [Audio link to full show follows this summary.]

Among the stories covered today that (largely) have nothing to do with felony indictments...

• Hurricane Hilary spins up suddenly off the coast of Mexico and is now gaining strength amid an El Nino. The storm is said to be heading north to make what could be an "exceedingly rare" landfall over the next few days somewhere here in Southern California or along the Baja Peninsula before moving up and into Arizona --- if you believe scientists who are experts in this sort of thing.

• The gerrymandered Republican state legislature in North Carolina on Wednesday overrode vetoes by Democratic Gov. Roy Cooper to enact new laws that are unspeakable cruel to, among others, transgender children. If you are unaware, we explain exactly why these types of laws --- now adopted by 22 GOP-controlled states (though being challenged in court in most of them) --- are so awful and cruel. That is, unless you are a Republican, like those who stole control of the NC legislature, who believe Big Government should intercede between doctors and patients and that so-called "parental rights" should also be overruled by Big Government autocratic fiat.

• Speaking of autocracy, gerrymanders and Big Government Republicans now dictating to small, local government and voters...the morally and ethically broken GOP-controlled state legislature in Texas has recently passed a law to oust the chief election official in Harris County (Houston) --- and only in Harris County --- just months before upcoming municipal elections in the state's largest and most Democratic-leaning County. A state judge this week found the new law in violation of the Lone Star State's constitution. But, just hours later, the state put that ruling on hold by appealing it to the TX Supreme Court (all Republican). The November elections are now just weeks away and, unless something changes quickly, will apparently be run by the Harris County Tax Assessor-Collector who has zero experience running elections and had nothing to do with the months-long planning for the one where early voting is set to begin next month.

• In far more encouraging news about autocracy, gerrymandering and, in this case, democracy, we head to the great state of Wisconsin. On August 1, Justice Janet Protasiewicz became the state Supreme Court's newest member after being elected earlier this year. Her landslide (for Wisconsin) 11-point victory in April means that liberals now hold a majority on the state's High Court for the first time in about 15 years. On August 2, a group of petitioners filed with the state Supremes to not only force new, fair legislative maps for the state's House and Senate for the first time in more than a decade, but also for emergency elections next year for all members of the state Senate, many of whom will not otherwise face reelection until 2026 despite occupying seats that petitioners argue are held only thanks to the GOP's unconstitutional partisan gerrymanders. BRAD BLOG legal analyst Ernie Canning wrote about this challenge to the state's illicit, entrenched legislative majorities this week and the potentially very good news it represents for Badger State voters. Just after airtime today, however, he updated his article with...well, some more good news but also...some troubling news about the gerrymandered GOP's new scheme to undermine democracy, the rule of law, the state constitution and state voters with impeachment proceedings against Protasiewicz in hopes of stealing back the Court to hold onto their entrenched, corrupt state legislative majorities. (See Ernie's UPDATE today on that story for more details.)

• Then, a bit of listener mail in response to my apparently controversial suggestions of late that Donald Trump may very well not be on the general election ballot by November of next year.

• And, finally, Desi Doyen has our latest Green News Report with updates on the horrific fires on Maui and in Canada, but some very encouraging news about President Biden and the Democrats' landmark climate law, signed one year ago this week, which is already resulting in a clean energy manufacturing, construction and jobs boom in the U.S. --- and even overseas!...

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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"...

It's an (almost) entirely Trump-free program today! You're welcome! If only he would always stay out of the country! [Audio link to show is posted below.]

Among the many (largely) Trumpless stories on today's BradCast...

• A 30-acre "coal-cleaning" facility has been left abandoned by its owners in Utah, with outstanding fines, unpaid taxes and a whole lotta toxic waste that tax-payers are left on the hook to clean up. Just another example of privatizing the profits and socializing the losses which the GOP has supported for years when it comes to the long-subsidized dirty fossil fuel industry;

• The U.N.'s Deputy High Commissioner for Human Rights blasts the recent spate of anti-abortion laws adopted by GOP-controlled U.S. states. She describes the epidemic as a "crisis," equating the new restrictions as akin to "torture" and "gender-based violence against women". She describes measures such as rightwing-backed, so-called "Born-Alive Abortion Survivor Protection Laws" supported by folks like Donald Trump (because Fox "News" told him to) as "an assault on truth, science and universal values and norms";

• One such law, North Carolina's "Born-Alive Survivors Protection Act" was vetoed recently by the state's Democratic Governor Roy Cooper. The attempt to override the Governor's veto by the Republican-controlled state legislature failed on Wednesday, following the GOP's loss last November of the gerrymandered, veto-proof super-majority they've enjoyed for six years. Cooper, in his now-sustained veto message, said the bill was "needless" and would "criminalize...a practice that simply does not exist." Wisconsin's GOP-gerrymandered legislature also passed its own similar measure this week which that state's Democratic Governor has similarly vowed to veto;

• And, in Texas, where new evidence published this week reveals that Republican Gov. Greg Abbott may have been behind a push to create a phony "non-citizen" voter roll purge, the Governor may have earned new ire from Republicans and Democrats alike on Wednesday, after vetoing a widely supported bill to protect domestic violence victims;

• Meanwhile, in today's Constitutional Crisis and Impeachment Update, House Democrats are reportedly planning a vote next week to make it easier for Committees to bring contempt charges straight to court, without requiring a full House vote first, for Trump Administration officials who defy lawful subpoenas for documents and testimony. And, House Speaker Nancy Pelosi continued to block her caucus from beginning an official impeachment inquiry against the criminal President of the United States, explaining that she'd prefer to see Trump "in prison". But nothing in the Constitution bars an impeached President from being indicted in a court of law after removal from office. In fact, it says just the opposite (see: Article I, Section 3, Clauses 6 and 7). So, Pelosi's claim only seems to muddy the waters as to what her strategy to continue investigation of the Administration --- but without an official impeachment inquiry, for now --- is actually meant to accomplish;

• Finally, Desi Doyen joins us for the latest Green News Report detailing several new climate proposals from 2020 Democratic hopefuls, Trump's idiotic remarks regarding climate during his trip to the UK, and a disturbing new study about what will happen if the U.S. fails to meet the emissions reduction targets of the Paris Climate Agreement.

• Also, very quickly at the end of today's show, disturbing news on a record heat wave in India, where the mercury has topped 120 degrees Fahrenheit for a bunch of days in a row now, and a cheery warning from the U.S. Forest Service that some 1 billion acres are at risk of catastrophic wildfire this summer. (So, naturally, Trump wants to cut their fire fighting budget!)...

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It's remarkable how one's thinking about global warming can change when a tree falls into your house, or your house is blown away entirely. Among the stories covered on today's BradCast [audio link to show is posted below]...

• Some GOPers in North Carolina are rethinking their climate change denial in the wake of Hurricane Florence;

• Also in NC, a state court panel finds the latest GOP scheme to restructure the state Board of Election to take away power from the Democratic Governor to be unconstitutional, but allows the Board to stay in place until after the midterms, when voters will be voting on a Republican Constitutional amendment to make the otherwise unconstitutional scheme legal. And a Republican county elections board appointee in NC is forced to step down after alleging that Democrats hope to make pedophilia legal;

• In Florida, where the death toll following last week's Hurricane Michael has climbed to 35, Republican Gov. Rick Scott issued an emergency Executive Order [PDF] to "bend" state election laws to make it easier for voters in a number of storm-ravaged counties to vote in the November 6th midterms. The new rules for eight counties in the Republican-leaning Panhandle offer leeway to county officials to declare new early voting sites, send absentee ballots to addresses other than those on file for voters, allow voters without ID to vote on normal ballots, and allows early voting to continue right up until Election Day in the affected counties. All measures that the Florida Governor and his state Republican Party have charged in the past would result in voter fraud. But, with the termed-out Scott now in his own tight race for the U.S. Senate against Democratic incumbent Sen. Bill Nelson, he doesn't seem quite as concerned about it. (For the record, I'm in favor of these changes for voters, many of whom have had their polling places destroyed, or absentee ballots and IDs blown away in the storm. But it's a shame that Scott has shown much less concern for the voting rights of the rest of the state's more Democratic-leaning voters over the years.);

• In Wisconsin, a fourth former Gov. Scott Walker administration cabinet secretary comes out against Walker to endorse his Democratic opponent Tony Evers in the state's very close gubernatorial contest;

• And, in Kansas, a second former Republican Governor has publicly endorsed Democratic gubernatorial candidate Laura Kelly in her race against controversial Republican Sec. of State and GOP "voter fraud" fraudster Kris Kobach. Former KS Gov. Mike Hayden is just the latest in a long list of current and former GOP lawmakers who have endorsed the Democrat over Kobach in a race believed to be tied between the two (though independent Greg Orman's candidacy may very well serve to throw the election to Kobach).

Finally, Desi Doyen joins us for our latest Green News Report, with updates on Hurricane Michael, the topic of climate change finally being raised by journalists at a Texas debate for the U.S. Senate between Republican climate science denier Ted Cruz and his Democratic opponent Beto O'Rourke, and some news about the one thing that could end up changing many minds about the impacts of global warming...

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

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

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

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

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

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

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

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

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Today's BradCast took several unexpected turns as news broke, callers called, and the Trump-era debunkery continued. [Audio link to show follows below.]

Among the many stories covered and/or debunked on today's program, before we opened up the line to callers...

• In a surprise reversal, some good news to start off, as Donald Trump's EPA Administrator Scott Pruitt puts the brakes on a huge, dangerous, proposed Canadian mining project in Alaska's pristine Bristol Bay watershed;
• In a weekend interview, Trump once again made clear he knows nothing at all about climate science (beyond what they told him about it on Fox "News) and doesn't care to learn. Desi Doyen joins us to correct at least some of the misinformation offered by the President of the United States' embarrassing comments to Piers Morgan;
• Former Colorado Republican Party Chair and rightwing radio host Steve Curtis (pictured above) was found guilty of forgery and voter fraud in the 2016 Presidential election last year, after claiming on air, just before the election, that only Democrats commit voter fraud and they should be prevented from voting at all. On Friday, he was sentenced to four years of probation and community service, even as he claims he didn't know that voting his ex-wife's absentee ballot was unlawful. ("He knew exactly what he was doing," the prosecutor argued during the trial's closing arguments. "He received it in the mail, opened it, voted, signed it, sealed it back up and sent it in." All in his wife's name. She had moved out 11 months earlier.)
• We then contrast the white Republican Curtis' lenient sentence for voter fraud to that of a Mexican national who came here as an infant, has long been a permanent US resident with four U.S. citizen children, but was sentenced last year to 8 years in federal prison and likely deportation thereafter for unlawfully voting. She thought she was allowed to do so as a permanent US resident;
• On the encouraging side of election and voting rights news today, however, the North Carolina Supreme Court on Friday sided with the state's new Democratic governor, and effectively reversed a years-long effort by the state's Republican legislature to roll back many voting rights in the key swing-state.

And, with all of that, we then open our phone lines to all sorts of interesting listener calls, including one caller (one of our favorites) who argues that progressives should mount write-in campaigns to take on corporatist Dems, (we debate whether doing that or primarying such Dems is the smarter route to take), and another right-wing caller who pretends to have no idea how Photo ID voting restrictions suppress the legal votes of minorities --- or he simply doesn't care. (He also revealed himself to be a climate change denier, what a surprise, as the call turned quickly South)...

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In his April 1963 Letter from a Birmingham Jail, Dr. Martin Luther King, Jr., lamented: "Justice too long delayed is justice denied". No case underscores the civil rights icon's assertion better than the years long fight by North Carolina Republicans to keep unlawfully gerrymandered state and Congressional district maps in place, long after they've been repeatedly found by courts to be in violation of the law and the Constitution.

The tortured history of Covington v. North Carolina --- a "successful" challenge to the illegal racial gerrymandering of 28 of North Carolina's state House and Senate Districts --- exposes the injustice occasioned by Republican tactical delays. It is a strategy that, thanks to those racial gerrymanders, permitted Tar Heel State Republicans to retain overwhelming majorities in the legislature following last November's General Election –- 34-16 in the state Senate and 74-45 in the House --- even though, in the very same statewide election Democrats Roy Cooper and Joshua Stein were respectively elected governor and attorney general.

But a recent ruling by the U.S. Supreme Court should finally result in new maps, and Special Elections under them, in the Tar Heel State, where the maps have been in place for elections since 2012. Recent legal precedent and a political realignment are on the side of those seeking to force the state to finally carry out those new elections in 2017, rather than waiting for the 2018 mid-terms...

On today's BradCast: The story of Donald Trump's firing of FBI Director James Comey turns even more bizarre and takes a decidedly thuggish turn (don't worry, your President is 'not a crook') and Vice President Mike Pence gets tapped to head Trump's new "voter fraud" commission, despite his own (much overlooked) record of stoking false GOP allegations of "voter fraud" and helping to shut down a major registration drive in his home state, just before last year's Presidential election, while campaigning for Veep and serving as Governor of Indiana.

First, the Trump/Comey affair turns more insane and Godfather-like by the hour...or Nixon-like, if you prefer, now that Trump has hinted there may be audio recordings of his private conversation with the now-former FBI Director. We bring you up to date on the latest madness and lies on that quickly moving soap opera, which continues to tie the White House into knots.

We then turn to the Executive Order signed this week by the President amidst all the Comey fallout, which creates a new sham commission, by fiat, to examine Trump's false claims that as many as five million votes were illegally cast in the 2016 election. The so-called "Election Integrity Commission" --- which, according to the Order, is to look at only voter and voter registration fraud, rather than voter suppression, which is a far more extensive problem or concerns about the vulnerability of vote casting and counting systems --- is to be headed up by Vice President Mike Pence and Kansas' notorious vote-suppressing Secretary of State Kris Kobach.

While many may be familiar, by now, with Kobach's years-long storied history of fraudulent 'voter fraud' claims, many are likely unaware of Pence's efforts last year during the campaign, while serving as Indiana's Governor, to suppress a major voter registration drive targeting African-Americans in Indiana, with false claims of "voter fraud" and the outrageously heavy-handed use of his State Police force.

On today's show, we detail how the offices of the Indiana Voter Registration Project were raided and shut down, with computers, cell phones and paperwork confiscated by Pence's cops, just days before the state's October 11, 2016 voter registration deadline. The effort (also aided and abetted by the state's Republican Sec. of State Connie Lawson, who is also set to serve on Trump's phony commission), served to shut down the major registration drive by a Democratic-leaning organization and resulted in the Marion County Prosecutor demanding an end to misleading and suppressing public statements from Superintendent of the State Police. It did not, however, despite claims of "thousands" of fraudulent forms, result in any arrests, and it was all quickly forgotten, as usual, after Election Day. In all, some 50,000 valid registrations may have been scuttled in the Hoosier State, thanks to the false claims of forged and fraudulent registration forms across dozens of counties in what Pence described to brain-addled supporters on the campaign trail as a "vigorous investigation into voter fraud".

Finally today: The White House lies about the number of new manufacturing and coal jobs created last month and North Carolina receives just 1% of their requested funding for Hurricane Matthew relief from Congress and the President...

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Today, the President of the United States was ordered to pay $25 million in a fraud settlement to some 4,000 Americans. But, incredibly enough, that news has been barely noticed.

On today's BradCast [audio link to show posted at end of article], as the frenzied pitch of investigation into Team Trump and Russia ticks up a notch from 10 to at least 11, a former CIA Director bothers to notice the vulnerability of our nation's electronic voting systems...but fails to appreciate, or even understand, the actual threat. And North Carolina picked a very strange way this week to "celebrate" the 7th International Transgender Day of Visibility. And, this time, both Republicans and Democratic elected officials share the shame.

First up, a quick thought on today's federal court approval of a settlement requiring President Donald Trump to pay $25 million to those defrauded by his Trump University scam.

Then, James Woolsey, Bill Clinton's former CIA Director and short-term member of Trump's transition team, tells CNN that the media is focused on "the wrong issue" in the Trump/Russia investigations. Never mind his "government by tweet" or questions about the Republican Chair of the House Intel Committee caught colluding with the White House amidst their investigation. The real concern, he argues, should be that "25 percent, approximately, of our voting machines in the United States do not have paper backups, so if the electronics have been tampered with, you will never know, and you can’t do a recount. ... The rest is very minor by comparison."

He has more to say on the matter, some of which he is right about, some of which he is either wildly naive, misinformed, or hoping to misinform the public. So I have a few things to say myself in response to it all, as you might imagine.

Next, facing the loss of billions to their economy, North Carolina Republicans on Thursday finally "repealed" their discriminatory anti-LGBTQ "bathroom bill" (HB2) by replacing it with another (HB142) which LGBTQ advocates charge is nearly as odious and, in some measures, even worse than the original. This time, however, the new legislation was signed into law by a Democratic governor.

Attorney Tara Borelli of Lambda Legal, which has sued to block the state's law, joins us to explain the beguiling "fake repeal" and shameful reasons it was jammed through the state assembly in just hours yesterday.

"If you're struggling to figure out how HB142 fixes things in any real way for LGBT people, join the club," she tells me. "We, and a host of others, are incredibly disappointed, outraged, and frustrated with this so-called 'compromise' repeal deal. HB142 simply took a bunch of the bad old provisions of HB2 and perpetuated them, and further enshrined them into North Carolina law." Borelli details how and why state lawmakers "have tried to put, just to be blunt, a lot of lipstick on the pig" and why they were in such a hurry to do it.

Finally, Desi Doyen joins us for the latest Green News Report on the beginning of push-back from Dems and environmentalists in the wake of Trump's executive order on Tuesday, attempting to gut Obama's climate and environmental policies and legacy...

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On today's BradCast, as dark as yesterday's show was, today is somewhat the opposite, with a whole bunch of encouraging news from the courts and the people across these United States. [Audio link to show follows below.]

Attorney and legal journalist Mark Joseph Stern of Slate joins us to break down the full 4th Circuit Court of Appeals' potentially landmark decision upholding the state of Maryland's ban on semi-automatic "weapons of war" and the U.S. Supreme Court's ruling today on a race-based death penalty case out of Texas.

On MD's ban on military-style assault weapons, enacted by the legislature following the 2012 Sandyhook Elementary school massacre, the full court's majority ruling, including a number of Republican-appointed judges, soundly rejected the opponents argument that, as Stern says, "once enough people own a certain type of gun, the 2nd Amendment magically begins to protect it." He explains what may happen next with this case as it moves toward the Supreme Court and offers his thoughts on why GOPers and the NRA are suddenly unconcerned with their "states rights" arguments when it comes to guns.

On the SCOTUS death penalty case, granting a repreive, for now, to a Texas man on death row since 1997, Stern explains how the case underscores that "people who are sentenced to death in this country get the worst lawyers sometimes...It's really quite shocking." Incredibly enough, Chief Justice John Roberts eloquently agreed --- at least in this case.

And more encouraging news also covered today...

• A federal court in Texas blocks the state's attempt to defund Planned Parenthood;
• North Carolina's Democratic governor moves to withdraw the state's appeal to SCOTUS, filed by his Republican predecessor seeking to overturn a federal appeals court finding that the state's election reform law unconstitutionally discriminated against African-Americans "with surgical precision";
• An FEC commissioner refuses to back down in the face of legal threats from Koch Brothers'' funded group after her demand to see Trump's alleged evidence of thousands of illegal votes cast in New Hampshire's 2016 Presidential election;
• Another new poll finds Trump's approval ratings "sinking like a rock";
• A Muslim group raises $90 thousand (so far) to help repair the desecrated Jewish cemetery in St. Louis, MO;
• A people continue to exercise democracy, whether Republicans and Donald Trump like it or not, by showing up in huge numbers at Congress member town halls across the country...

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On today's BradCast, it's not much discussed by the media, but the cost of killing "ObamaCare" is more than simply a political one for millions of Americans. And the brazen GOP coup in North Carolina's state government is not only a fait accompli, but likely a model for Republican controlled states everywhere. [Audio link to show posted below.]

There's a lot of talk of late about the politics of "repealing and replacing" the Affordable Care Act by the incoming Republican Administration and GOP majorities in both the U.S. House and Senate. But there's not as much discussion in the media about the very real costs --- to actual human beings --- of repealing the measure, or of those who will be devastated by its loss, both medically and financially. All of this comes with more than 20 million more Americans now enjoying access to healthcare thanks to the ACA, and, just last week, the largest single day of sign-ups ever for the federal program.

But Republicans may no longer fear any political ramifications for anything with their gerrymandered stronghold of Congress and control of the nation's public airwaves.

That argument seems to be bearing itself out in North Carolina right now, where the GOP state legislature --- which already enjoys a super-majority in both chambers of the state assembly --- has successfully carried out a brazen power grab to strip power from the Executive Branch now that a Democrat has narrowly won election as Governor.

In NC and in Wisconsin alike, Republicans have recently been found by federal courts to have unconstitutionally gerrymandered state election districts. And, in both states, the GOP has passed wildly radical laws that hurt Democrats and progressive, no matter how unpopular (or unconstitutional) those laws may be or the ensuing uprisings at both state capitols. Both states are likely to be a model for GOP legislators in the rest of the country.

Finally, Desi Doyen joins us for some late-breaking news concerning new Obama Administration restrictions on off-shore drilling and for our latest Green News Report, with new attempts to keep drinking water safe from coal and lead, and to keep science safe from Donald Trump...

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On today's BradCast, we cover an enormous amount of news, breaking and otherwise, on both the Presidential "recount" story in three different states, as well as the fight against the Dakota Access Pipeline in North Dakota. And we speak to Green Party candidate Jill Stein's campaign manager, David Cobb, about the ongoing and "escalating" legal battles and fights for citizen oversight of election results in Wisconsin, Michigan and Pennsylvania. [Audio link to show posted at bottom of article.]

First today, the latest on the breaking news over the weekend in the story of the denial of a permit for the controversial pipeline in ND, where thousands of native Americans have been protesting for months against its construction near tribal lands. On Sunday, in a huge victory, the U.S. Army Corps of Engineers denied an easement to Dallas-based Energy Transfer Partners that would have allowed them to complete the pipeline by building on disputed land near and beneath Lake Oahe, the Standing Rock Sioux's source of drinking water. The victory, while monumental --- even as the protests and violent attempts by law enforcement to stop them have been almost entirely ignored by mainstream corporate media --- may be short-lived, depending on legal actions and decisions made by the next President. Desi Doyen joins us for the latest.

At the same time, over the weekend, the corporate media was busy misreporting and misleading the legal maneuvers of Green Party Presidential candidate Jill Stein, who has dropped just one of the statewide voter-initiated suits demanding a PA "recount", in favor of a federal filing [PDF] today, on Constitutional grounds, seeking federal intervention for a statewide count and forensic analysis of 100% unverifiable voting systems used there. Stein and her attorneys held a press conference and rally today outside of Trump Tower in Manhattan, to explain the efforts.

Also, a federal judge this morning ordered [PDF] the state of Michigan to being counting ballots today, after successful maneuvers by Team Trump delayed the start of that effort late last week and had hoped to further delay or deny citizen oversight of results entirely. MI's Attorney General (a Trump supporter) falsely argued in his filing and during an unusual emergency hearing in federal court on Sunday, that the count might endanger the state's Electoral College votes. U.S. District Judge Mark Goldsmith ordered the counting to begin at noon today, however, finding that any further delay "would likely violate [plaintiffs'] right to vote under the First and Fourteenth Amendments" and that "there is a credible threat to the voters' right to have a determination made that Michigan's vote for president was properly tabulated." The MI GOP has vowed to appeal both the federal and state cases against counting ballots.

My guest today, Stein's campaign manager David Cobb, the Party's 2004 Presidential nominee --- who, himself, called for the partial statewide count that happened after that year's Presidential contest in Ohio --- joins us to discuss the latest developments in the ongoing counts and court cases in all three states, and to explain why Stein and the Green Party "are demanding integrity in the election system."

In PA, he explains (as we long have as well), that "there is no way to properly verify the DRE --- direct recording electronic --- equipment, otherwise correctly known as 'black box voting'. It's terrible to begin with and they should never be used. ... The real gain here is forensic experts getting an opportunity to get their hands on these machines --- and that is exactly what we are seeking in all three states --- but, in Pennsylvania, in federal court specifically, because of the completely outrageous system of recount provisions in the state." (To get an idea how horrific they are, check out my interview with VotePA's Marybeth Kuznik from last week, or read today's filing [PDF] in federal court.)

"I really want to underscore," he tells me, "we are escalating the fight into federal court in Pennsylvania precisely because the Pennsylvania laws are so horrible."

"These black box voting machines are hackable," he continues. "If any nefarious individual can get their hands on them, there are ways to manipulate them. That's the reason it's so important to have these forensic studies done. So that we can literally verify the vote. What is Donald Trump afraid of?"

We also discuss the efforts of the Green Party going back to Cobb's own attempted "recount" in Ohio, when two top election officials in the state's largest county, Cuyahoga (Cleveland), were found guilty and sentenced to the maximum sentence in prison for having rigged the 2004 Presidential "recount".

"We are demanding that every vote counts, so count every vote! It's just that simple. At the end of the day, if we do not have confidence in the election system, we cannot have confidence in our government itself," he argues.

Finally, speaking of counting votes (or not), North Carolina's abhorrent Republican Gov. Pat McCory has announced he is giving up his own battle for a statewide recount (which we supported) and has conceded the race to the state's Democratic candidate Attorney General Roy Cooper, becoming the first Governor to lose a re-election bid in state history...

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On today's BradCast: In 2000, Republicans used the U.S. Supreme Court to steal the Presidency. In 2016, they used the Presidency to steal the U.S. Supreme Court. So, what, if anything, can be done about it? And, as we also report today, that's not the only Supreme Court Republicans may be about to steal. [Audio link to show is posted below.]

Journalist David Dayen of New Republic, the Fiscal Times and The Intercept, joins us to discuss how President Obama has one last "trump card" to play, if he wishes to block Republicans from out-and-out theft of the nation's highest court, at least for a while. But would Obama do it? Could he do it legally? And would Democrats end up being sorry if he did? We discuss that, whether Democrats will continue to "bring a butter knife to a gunfight", and much more today with Dayen, author of Chain of Title: How Three Ordinary Americans Uncovered Wall Street's Great Foreclosure Fraud..

Also today: Donald Trump buys his way out of multiple 'Trump University' fraud suits by agreeing to pay up $25 million to his victims. He also, reportedly, names southern anti-voting rights racist Sen. Jefferson Beauregard Sessions III (R-AL) as his nominee for U.S. Attorney General, the nation's chief law enforcement official. (That, along with another disturbing new appointment as well.)

Meanwhile, down in North Carolina, where voters appear to have elected a liberal majority to the state Supreme Court and may have rejected their controversial Republican Governor's re-election bid by a slim margin, the Republican-majority state legislature has a scheme to overturn the will of the voters in both the gubernatorial contest and at the NC high court. Because that's how the GOP rolls (and Democrats don't).

Finally, Desi Doyen joins us for the latest Green News Report, with a slim ray or two of optimism, believe it or not, as Sen. Bernie Sanders offers a way for Obama to (permanently?) block the Dakota Access Pipeline from being built, and international U.N. climate negotiators vow to keep reducing greenhouse gas emissions, no matter how Trump plans to undermine efforts to curb global warming...

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On today's BradCast, I'm back after a brief health scare over the weekend, and apparently I've got a lot to talk about concerning the reported results of last week's election! [Audio link to show posted below.]

First up: The difference between fake news and real news in our new "post-truth" world, and what the hell can be done about it when fake news comes from even supposedly legitimate corporate news outlets.

Next: North Carolina's awful Republican Gov. Pat McCrory appears to have lost his re-election bid in a reportedly very close race to Democratic Attorney General Roy Cooper. But the GOP is demanding a 'recount' following the failure of a very popular (if oft-failed) paper ballot optical-scan computer tabulation system...and his voters deserve one.

Then: Should Americans have confidence in the reported results of the Presidential election? Some explanations for disparities between the results and the pre-election polls are not holding up. Voter suppression likely played a role. But what about those magical computer voting and tabulation systems? Were they manipulated? Did they fail? How would we know if they did? Why do the same-day Exit Polls results, once again, differ from the reported election results? And will Americans ever demand that hand-marked paper ballots be publicly counted by actual human beings, instead of by vulnerable computers which often fail and/or report results incorrectly?

If a manual hand-count is needed to determine for certain who voters selected to become NC Governor, don't U.S. voters deserve no less in determining who will be the next President of the United States? We review what we (so far) know and don't about legitimate questions some voters (and electronic voting system experts) have about the results of the Trump/Clinton race, as currently reported by computers without virtually any verification by actual human beings.

Finally: With me out sick earlier this week, Desi Doyen joins us for a slightly less snarky Green News Report today!

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[Just crawling out from a recent illness. Baby steps here for the moment.]

The race between North Carolina's controversial and divisive Republican Gov. Pat McCrory and his Democratic challenger, Attorney General Roy Cooper, is very close. Out of about 2.5 million ballots cast, Cooper leads in the currently reported results by just 4,972 votes (or 0.11%), with tens of thousands of provisional ballots being tallied throughout the week before Friday's state certification.

The failure of a widely used paper-ballot optical scan computer tabulation system has made the outcome of the close race even murkier.

"McCrory had the lead all of election night until 94,000 votes were reported late in Durham County. After that, the tide turned and Cooper secured the lead," WFMY reports today, from the state where both Donald Trump and incumbent Republican U.S. Senator Richard Burr were reported to have won their statewide races.

The Democrat Cooper, as is the habit of both Republicans and Democrats these days, used the slim lead to declare "victory" in the gubernatorial race on Election Night, well before the results were either canvassed or certified.

As Raleigh's News & Observer reported on Saturday: "Gov. Pat McCrory, trailing in a close race for re-election behind Attorney General Roy Cooper, claims there was 'malfeasance' in tabulating votes in Durham County and 'irregularities' reported around the state. Cooper's campaign said nothing improper happened in Durham, and accused McCrory of trying to undermine the election."

The paper reports: "About 90,000 votes weren't counted until late on Election Day. Durham officials said it was due to malfunctioning equipment that led to a backlog, and that it had no impact on the votes cast. ... McCrory's campaign staff said on Saturday that those ballots came from at least five early voting sites and one general election site in Durham County and appear to have been tabulated from corrupted memory cards. The cards could not be properly read by the system and the computers 'experienced a critical error,' according to the campaign."

"In Durham, the county was unable to upload results on Election Night from six electronic memory cards that save ballot data," WNCN reports. "But Durham was able to print out a tape log of the results and entered them manually. A petition has been filed to recount those votes."

For the record, Durham's Board of Elections (like all of the state's county Boards of Election, while a Republican serves as Governor) is majority GOP. The county votes on hand-marked paper ballots, tabulated at the precinct (either correctly or incorrectly, we can never know unless the ballots are actually counted by humans) by ES&S Model 100 optical-scanners. The M-100s, as we reported as long ago as 2008, have a storied history of failure. In 2008, for example, as we explained at the time, election officials in Oakland County, MI informed the U.S. Election Assistance Commission (EAC) that during testing, the ES&S system "yielded different results each time" the "same ballots were run through the same machines".

The NC GOP is now demanding ballots cast in Durham County --- which reportedly leaned very heavily towards Cooper as well as Hillary Clinton (approximately 3 to 1 in both cases) --- have its ballots "recounted", following the computer tabulator memory card failures on Election Day...