It's NICOLE SANDLER, back to guest host today's BradCast! [Audio link to full show is posted below.]

Today we learned that Florida is now considered the epicenter of the global pandemic. Lucky me, I live in South Florida, where we've had more than 10,000 new COVID-19 cases reported every day for the past five days. Things are especially bad in Miami-Dade County, the hardest-hit part of the hardest-hit state. I give the credit for our position to our Governor, a smarmy, unqualified man named Ron DeSantis who's earned his new nickname, Ron DeathSentence.

I reached out to an old friendly acquaintance, DAN GELBER, who is the mayor of Miami Beach. We spoke about his many challenges, including the pandemic that's threatening to shut down his city again, plus the threat of a major storm hitting at this horrible time. It is, after all, hurricane season, and Miami Beach is a barrier island.

As millions of Americans are now without health insurance as a result of losing their jobs due to the pandemic, I spoke with healthcare advocate LAURA PACKARD, who reminded me that three years ago tonight (or three years ago in the very early hours of tomorrow morning), John McCain came to our rescue!

Laura and I are both cancer survivors. I fought lung cancer four years ago; Laura was undergoing chemotherapy three years ago when the Republicans' latest effort to overturn what's left of the Affordable Care Act, aka Obamacare, made it to the Senate floor for a vote. We needed three courageous Republicans to vote with the Democrats to avoid losing access to insurance. Lisa Murkowski and Susan Collins had already voted no. And John McCain stepped up to do the right thing and saved the program so that those of us with pre-existing conditions still had the right to pay through the nose for health insurance.

Laura's spending this anniversary helping to put together a healthcare Town Hall with Senators Debbie Stabenow, Tammy Baldwin, Bob Casey and Amy Klobuchar with a bunch of other health care advocates and activists that will be archived here.

As usual, we began with the latest news you need to get you through the day, and a bit of humor in a song by Lauren Mayer too.

Download MP3 or listen online below...

We're off today, but we've got a BradCast 'RECOUNTED' for your listening pleasure, with two excellent recent interviews you may have missed --- or just need to hear again. [Audio link to show is posted below.]

• First up is Brad's 6/9/2020 interview with economic inequality expert CHUCK COLLINS, Director of the Institute for Policy Studies' Program on Inequality and the Common Good, on the Institute's new report, "Billionaires' Bonanza 2020", revealing how the wealthy in the U.S. have profited obscenely during the COVID-19 crisis as millions of Americans have been tossed into unemployment, how and why we got here, and what we can do to fight growing economic inequality in the U.S..

• Then, Brad's conversation on 6/12/2020 with voting rights journalist and author ARI BERMAN of Mother Jones, on the fight against Republicans' new surge of voter suppression during the coronavirus pandemic and steps we can take to prevent a stolen election this November.

We'll be back soon!

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Philadelphia's progressive District Attorney Larry Krasner told Democracy Now's Amy Goodman on Thursday that any federal officers who break state law within the City of Brotherly Love will be arrested and prosecuted. His comments come in response to President Trump's threat to expand the "totalitarian" assaults by his secret police from Portland, Oregon to other cities run by "liberal Democrats."

While Krasner and other local law enforcement agencies likely possess the authority to arrest law breaking federal agents, should they?

Krasner acknowledged that federal officers have a right to enter the city, and often do so for agreed upon joint law enforcement activities, but argued that no one, including the President, has a right to violate state law:

The argument may be legally supportable, but the issue entails not only the question of whether local DAs and police have the authority to effectuate the arrest of miscreant federal agents but also of weighing the risk of potentially adverse consequences...

It was some weeks ago that we warned listeners to "buckle up" for what was to come over the next several month in the lead up to Election Day (and for whatever nightmares are likely to come thereafter). Today's BradCast provides ample evidence that we were right to issue that warning --- which remains in effect for the foreseeable future. [Audio link to full show is posted below summary.]

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

• Breaking at top of show - Trump cancels plans for Republican National Convention in Jacksonville, Florida due to out-of-control coronavirus surge in the Sunshine State. That, after previously moving the convention from Charlotte, North Carolina because the state's Democratic Governor wouldn't allow a maskless deathtrap convention;

• Federal Judge orders former Trump lawyer Michael Cohen to be released from prison, citing "retaliation" by the federal government after he was removed from home detention and locked back up for refusing to sign a document vowing he wouldn't write a book or speak to the media about Trump. Cohen had previously been furloughed from prison and placed into home detention after one year of his three year sentence for lying to Congress to protect Donald Trump and participating in a hush-money conspiracy "directed" by the President, according to both him and federal prosecutors. Trump remains uncharged and at large despite running the conspiracy Cohen was imprisoned for in paying off porn star Stormy Daniels and model Karen McDougal to keep quiet before the 2016 election sexual affairs with Trump. The judge excoriated the DoJ and Bureau of Prisons for violating Cohen's First Amendment right to free speech;

• Two White House cafeterias are shut down due to one staffer, reportedly, testing positive for COVID-19;

• Trump sycophant and Florida Governor Ron DeSantis finally begins to wobble on his demand that schools in the state reopen next month for five days a week in-person classes, despite explosion of coronavirus cases. Tells Fox "News" that parents should have the "option" of sending kids to class, but offers no such "option" to teachers, whose union is now suing DeSantis;

• New jobless claims continue to shatter pre-COVID records for the 18th straight week. Media continue to misreport the unprecedented numbers;

• Republicans are in disarray in Congress and at the White House after denying (for months) the need for additional emergency economic relief amid the pandemic. That, as expanded unemployment benefits --- one of the few actions taken by Congress that has successfully helped to avoid a complete economic collapse over the past 6 months --- are set to run out at week's end;

• Breaking mid-show - New Fox "News" poll finds Joe Biden leading Trump, beyond the margin of error, in the key battleground states of Michigan (by 9 points) , Minnesota (by 13 points) and Pennsylvania (by 11 points);

• Portland, Oregon Mayor Ted Wheeler was among those tear-gassed by Donald Trump's federal stormtroopers on Wednesday night. The Mayor, whose local police force had previously tear-gassed protesters who have been gathering nightly for more than a month following the death of George Floyd in Minneapolis, now claims to be rethinking his own tactics while decrying "flat out urban warfare, being brought on the people of this country by the President of the United States";

• In response to the violence being perpetrated by Trump's federal goon squad, John McCain's former Campaign Manager and longtime Republican campaign consultant Steve Schmidt unleashes a Twitter thread calling for Congressional investigations, cites Trump's use of the military against phony threats by "caravans" at the U.S. southern border before the 2018 election, and compares Trump's tactics, applauded by rightwing media, to those of Hitler's Nazi brownshirts;

• Finally, a delightfully light-hearted Green News Report with Desi Doyen! Sort of. Other than a story about cow farts and Burger King, we also highlight the stunning arrest this week of Ohio's Republican House Speaker Larry Householder, nabbed as the ringleader of a $61 million conspiracy to funnel a $150 billion bailout to utility company FirstEnergy to prop up two failing nuclear plants and two aging, hyper-polluting coal plants at the expense of the state's rate-payers and renewable energy and efficiency initiatives in the Buckeye State. In a quick follow-up today, the company's stock price has plunged following the federal arrests this week, but questions remain about the company's own complicity in the scheme and the involvement of Ohio Governor Mike DeWine in last year's passage of HB6, the controversial boondoggle of a bill that resulted in Householder lining his pockets with millions in dark money from FirstEnergy and other utility company interests.

Hopefully your seatbelt is still on and will remain locked and in place until the chaos comes to a complete and full stop...if it ever does...

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IN TODAY'S RADIO REPORT: Ohio's GOP House Speaker arrested on bribery charges in corrupt utility company conspiracy; Gonzalo breaks new record in already historic 2020 Atlantic hurricane season; Global methane emissions hit record high; PLUS: Burger King cuts the methane... All that and more in today's Green News Report!

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

IN 'GREEN NEWS EXTRA' (see links below): Congress passes sprawling plan to boost conservation, parks; Global heating: best and worst case scenarios less likely than thought; Arctic sea ice is in a downward spiral, and may break a record in 2020; Leaked DNC platform draft shows the party is improving on climate—just not enough;
How the United States fails its most important fish habitats; EU considers tax, emissions trading for carbon border plan... PLUS: The Sierra Club faces its white-supremacist history... and much, MUCH more! ...

On today's BradCast: the COVID crisis continues to get worse, Americans wise up on reopening schools, potential hope for Kansas, and Donald Trump becomes a laughing stock. Again. [Audio link to full show is posted below summary.]

Last week, during his rambling, wildly political Rose Garden "press conference" (it was really a political rally), Trump promised that over the next eight weeks, we would be seeing "things that nobody has even contemplated, thought about, thought possible," and that "nobody's ever going to see eight weeks like we're going to have." While, I think it was meant as a rallying cry for a bunch of initiatives he plans to pretend to invoke during desperate days in advance of the November election, it sure sounded like a threat to me. Either way, we suspect he's right about what we will see. He suggested he would be "taking on immigration, taking on education" and that it all would start "some time on Tuesday."

On Tuesday, Trump unveiled something that had to do with immigration, which we discuss with our guest today (see below). As to "taking on education", that part remains somewhat less clear. But if it has to do with insisting that school kids go back to in-person classes next month in the middle of a deadly and worsening pandemic, the American people are decidedly not with him on that one. A new poll out today from AP/NORC finds that just 8% of Americans believe K-12 schools should reopen this Fall for normal, in-person instruction. Nonetheless, Trump is still threatening to take away federal money for special ed to those schools who do not obey his command.

That command is still in place --- and being ignored by most of the nation's largest school districts --- as more than 1,000 Americans died from COVID-related illnesses on Tuesday alone. It was the first time since May that that has happened, as mountains of evidence --- including 59,000 hospitalizations on Tuesday --- underscore, yet again, that the U.S. is headed in decidedly the wrong direction in dealing with the crisis. These will be a very difficult eight weeks indeed. There are fifteen weeks until the November 3rd Presidential election.

And, speaking of elections, state primaries are still ongoing, with statewide contests in Arizona, Kansas, Michigan, Missouri and Washingtonstate coming up on August 4th. We take some time to focus on Kansas today, where notoriously failed GOP "voter fraud" fraudster and the state's former Sec. of State Kris Kobach is running for the Republican nomination for U.S. Senate, in hopes of filling the seat being vacated by Republican Sen. Pat Roberts. It has been an embarrassing few days for Kobach, after his friend Rep. Steve Watkins was indicted last week on 3 felony counts and 1 misdemeanor charge related to voter fraud. As we reported last week, Watkins was charged for doing precisely what Donald Trump did. He unlawfully registered to vote at an address where he did not live, and then he unlawfully voted in an election using that unlawful address. Watkins has been indicted in Kansas. Trump is still a Florida voter fraud criminal at large at this hour.

Kobach, who built his entire two-term career as Sec. of State by promising to stamp out rampant "voter fraud" in Kansas by Democrats and non-citizens, was able to bring only 15 prosecutions during his eight years in office, obtaining convictions on fewer than 10 of them, with nobody receiving any jail time. Virtually all of the convictions were against people who voted twice in two separate states, because they owned homes in both, with many not realizing that was against the law. Nonetheless, Kobach prosecuted people who did the same thing that Watkins (and Trump) did. But, when asked by the Kansas City Star for comment after Watkins' indictment, Kobach offered a bizarre reason why he disagreed with the charges.

All of which helps underscore the fact that the fraud Kobach --- after losing to a Democrat during his 2018 run for Governor in Kansas --- is now hoping to secure the GOP nomination for the Senate. He is running in a field of 11 candidates seeking the honor and we completely endorse him! So, apparently, does his presumptive Democratic challenger, Barbara Bollier, who, in the second quarter of this year, according to AP, "raised almost $1.3 million more than the top-tier Republican primary candidates combined."

Could a Democrat actually flip the Kansas Senate seat from "red" to "blue" this year for the first time since 1932? Bollier was a moderate Republican until she became so embarrassed by Trump and her own party that she became a Democrat at the end of 2018. We'll will find out in about 15 weeks. But a Kobach win in the August 4th primary would certainly help, as Kobach is far "too conservative" for Kansas.

Finally, back to Trump's promise to "take on immigration" on Tuesday, when he unveiled an Executive Memorandum (not an Executive Order, but a memo...not sure if he knows the difference), declaring it to be the position of the United States that immigrants in this country should not be counted when determining the next Congressional apportionment that is to occur after the completion of the 2020 Census. That, despite the very plain language of the 14th Amendment which reads: "Representatives shall be apportioned among the several states according to their respective numbers, counting the whole number of persons in each state".

We're joined today by Constitutional law expert THOMAS WOLF of Brennan Center's Democracy Program, where he specializes in the Census, redistricting, and immigrant rights. He tells me, quite bluntly, that "the memorandum [issued by Trump] is not worth the paper its printed on. The Constitution's plain text is very clear: every person counts. 'Persons' means persons and 'persons' means everyone. That means that everyone is to be counted."

Even Bill Barr, when he was Attorney General the first time, back in 1989, agreed!

"The memorandum that President Trump issued yesterday," Wolf continues, "assumes that President Trump has the power to decide who counts and who doesn't. Unfortunately for him, but fortunately for the rest of the country, the Constitution has already made that decision for him, and the Constitution decided that all people count."

In case he was unclear about that, Wolf adds later: "From the top, there is no legitimacy to this order." But, if so, what was the point of Trump issuing the memo that obviously tries to reverse the 14th Amendment adopted during Reconstruction to do away with the Constitution's previous clause declaring that some people in America --- slaves --- were to be counted by the Constitutionally-mandated decennial Census as three-fifths of a person? Wolf offers insight and answers to that question, as well as how to help counter Trump's plan which, as he notes, "is so patently unconstitutional, it's astonishing."

(Hint: One of the ways to counter it, argues Wolf, is to "Get counted! That's how we push back against this." If your household has yet to do so, please go and fill out a Census form today at 2020Census.gov!)

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On today's BradCast: Five arrests and a massive, $61 million criminal bribery scheme allegedly headed up by Ohio's Republican House Speaker in cahoots with GOP lobbyists and dirty energy company payouts help explain, yet again, why we can't have nice things. That's especially true for residents of the Buckeye State who keep electing Republican officials who play them for chumps, take all their money, and make them sick in the bargain. It's also true for Floridians, Georgians, Texans and now Missourians, but we'll get there as well today. [Audio link to show follows below.]

"We're here today to announce the arrest of Larry Householder, the speaker of the House of the state of Ohio and four other defendants for racketeering in relation to what is likely the largest bribery, money laundering scheme every perpetrated against the people of the state of Ohio," announced U.S. Attorney David DeVillers during a news conference in Columbus on Tuesday afternoon. "The conspiracy was to pass and maintain a $1.5 billion bailout in return for $61 million in dark money that was used for various things. One: to line the pockets of defendants. Two: to build a power base for Larry Householder. And three: to further the conspiracy. That is to further the affairs of this Enterprise."

The explosive story is rocking Ohio today, though many should have seen it coming. A year ago, in July of 2019, Vox's longtime energy and climate reporter David Roberts wrote a must-read deep-dive article on the passage of House Bill 6 (HB 6) --- the legislation at the center of this massive con --- describing it at the time as "the most counterproductive and corrupt piece of state energy legislation I can recall in all my time covering this stuff."

The measure forced Ohio's ratepayers to subsidize bailouts of two supposedly failing nuclear plants (the Davis-Besse plant near Oak Harbor and the Perry plant east of Cleveland) owned by FirstEnergy and two failing coal plants owned by the Ohio Valley Electric Corporation (a collective owned by several large utilities), while wiping out previously successful state incentives for renewable energy and efficiency projects that saved the state's ratepayers both money and lives.

"Despite a tsunami of dark money supporting the bill," Roberts reported last year, "HB 6 was overwhelmingly opposed by ratepayer groups, business groups, free market conservative groups, environmental groups, and Ohioans generally. Its only support came from its only beneficiaries: the utilities that own the bailed-out plants, the employees of the bailed-out plants, the communities where the bailed-out plants are located, and possibly President Trump, who doesn't want to see coal plants closing during his reelection campaign."

Well, apparently there were a few more "beneficiaries": Ohio's House Speaker Householder and his political allies inside and out of the state legislature. That "tsunami of dark money", as it turns out, was used to blanket the airwaves with propaganda in support of HB 6 --- describing it misleadingly as a fight for jobs and "clean energy" in a battle between "Big Oil and Ohio" --- by a group calling itself Generation Now. That dark money group, as it turns out, was run by Householder himself with "bags of cash" from the nuke plants' supposedly bankrupt owners, FirstEnergy of Ohio. According to today's criminal complaint [PDF], his "Enterprise" used a series of unregulated passthroughs to move millions and "freely spent the bribe payments to further the Enterprise's political interests and to enrich themselves" with "unlimited" funds that came in to Generation Now from FirstEnergy in payments described by one of the defendants as "Monopoly money."

Despite the wildly unpopular HB 6's narrow passage in the state legislature, Republican Gov. Mike DeWine signed it quickly after passage. He was not indicted today, though he did cancel a scheduled COVID-19 press conference after the announcement, before calling for Householder's resignation.

It's an incredibly sordid story which we report in detail today. It's also one that should remind everyone exactly what they can expect when they put corrupt politicians like this in power who did the bidding of major corporate interests, rather than the public's.

In not entirely unrelated news today, Couy Griffin, the idiot who heads up a group called "Cowboys for Trump", is calling for Americans to take their masks off because they --- as opposed to the coronavirus --- are making everybody sick. And while we'd love to ignore Griffin and the "Cowboys," it turns out he's also an elected Republican official in New Mexico and the same jerk who posted a video back in May which began by announcing that "the only good Democrat is a dead Democrat." And while we'd love to ignore that as well, that video was then retweeted by the President of the United States that month, along with the message "Thank you Cowboys. See you in New Mexico!"

Idiot elected "cowboys" and Presidents of the United States may be one thing we've come to expect by now. But with the coronavirus smashing records in at least 31 states, we'd hoped we'd get better from the Governors who have been left to handle the pandemic after Trump decided he had better things to do, despite some 4 million infected Americans and 144,000 U.S. deaths now from COVID-19 over the past six months.

But our hopes have been dashed. By Florida's very Trumpy Governor Ron DeSantis who's made a jackass of himself over the past month as cases, hospitalizations and deaths skyrocket in his state --- now overwhelming hospitals with at least 50 having run out of ICU beds --- while ordering kids back to in-person classes next month; By Georgia's Trumpy Governor Brian Kemp, who is suing cities in the state for instituting mask mandates as the Peach State also breaks single-day case records and death records; By Texas' Trump-loving Governor Greg Abbot, who wonders where he went wrong in reopening up the state so early, now that hospitals in Houston, Dallas, San Antonio and elsewhere are overwhelmed and calling in refrigrator trucks to serve as overflow morgues to hold all of the extra dead bodies.

But now we now have Missouri's woeful Governor Mike Parson declaring he's just fine with kids in his state becoming infected in the classroom. "These kids have got to get back to school," Parson told a local radio station recently. "They're at the lowest risk possible. And if they do get COVID-19, which they will --- and they will when they go to school --- they're not going to the hospitals. They're not going to have to sit in doctor's offices. They're going to go home and they're going to get over it."

Whether Parson, who replaced the state's previous Republican Governor after he resigned in a sexual coercion, abuse and blackmail scandal, realizes that those kids go home to parents and grandparents who they will infect in turn (not to mention all of the teachers and staff at those schools) is unclear. Hopefully Missourians, however, understand it by now, and will consider replacing Parson this November with state Auditor Nicole Galloway, the Democratic candidate for Governor. Maybe then the good folks of Missouri can begin to have nice things again.

Finally, Desi Doyen joins us for our latest Green News Report, with a few too many disasters than we can possibly detail at the end of a summary like this one...

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Under the guise of protecting federal property and public safety, a militarized secret federal police force, deployed by President Trump to Portland, Oregon, has unleashed a totalitarian assault on democracy and the rule of law. The brutal assault has trampled the civil liberties of peaceful protesters, journalists, legal observers and bystanders.

The astonishing offensive has extended well beyond the boundaries of federal enclaves. It also entailed a great deal more than the arbitrary application of police violence. Wearing military fatigues with patches bearing only the word "POLICE", previously unidentified, armed federal stormtroopers roamed city streets and sidewalks, arbitrarily snatching-up terrified citizens, who they whisked away in unmarked vehicles.

In a federal lawsuit filed late on Friday, Oregon Attorney General Ellen Rosenbaum challenged these wholesale violations of civil liberties and alleges that the arbitrary snatch and grab operation also creates a "risk" that law abiding, peaceful protesters could be kidnapped by armed and unaccountable, civilian right-wing "militias".

Separately, the ACLU, seeking to rein in what its staff attorney, Vera Eidelman, aptly described as an "unconstitutional nightmare", filed a 2nd amended complaint, which added the U.S. Department of Homeland Security (DHS) and the U.S. Marshals Service (USMS) as party Defendants to the ACLU's already successful federal lawsuit. That lawsuit was initially filed previously against the City of Portland.

Earlier this month, U.S. District Court Judge Michael H. Simon issued a Temporary Restraining Order (TRO) and, later, a Preliminary Injunction [PDF], that blocked the Portland Police Bureau "from arresting, threatening to arrest, or using physical force...against any person they know or reasonably should know is a Journalist or Legal Observer...unless the Police have probable cause to believe such individual has committed a crime." The injunction also prevents police from seizing photographic, audio and video-recording equipment. (To its credit, the City of Portland agreed to the issuance of the preliminary injunction.)

By way of a newly filed Motion for a TRO [Temporary Restraining Order] and Preliminary Injunction, the ACLU now seeks a ruling from Judge Simon that would provide the same injunctive relief against the DHS and the USMS. In their motion, the ACLU described Trump's secret police as "shock troops" who "were successfully subjugating protesters and carrying out [the President's] longstanding vendetta against the press."

DHS and USMS were not the only federal agencies that have taken part in the trampling of civil liberties in Portland. In its federal complaint, Oregon also named the Federal Protection Service (FPS) and U.S. Customs and Border Protection (CBP) as party Defendants.

Where both the ACLU and Oregon complaints lay out facts that support the assessment offered by Kelly Simon, ACLU Oregon's interim legal director, that Trump's stormtroopers have been "terrorizing the community, risking lives, and brutally attacking protesters," Oregon's complaint, unlike the ACLU's, seeks declaratory and injunctive relief designed to remedy the violations of the 1st, 4th and 5th Amendment rights of all affected citizens, including protesters and bystanders. Oregon also alleges that these agencies, especially the CBP, have violated Oregon's sovereign right to protect its own citizens.

Despite this disturbing, uninvited and unwelcome federal deployment --- as well as the now very serious legal challenges --- on Sunday, White House Chief of Staff Mark Meadows told Fox "News" to expect a "roll out" of similar deployments to "Chicago or Portland or Milwaukee or someplace across the heartland of the country"...

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IN TODAY'S RADIO REPORT: Record rains and floods threaten world's largest dam; Siberian heat wave 'impossible' without man-made climate change; Study implicates higher air pollution levels in COVID-19 death rates; PLUS: Remembering civil rights icon Congressman John Lewis, champion of environmental justice... All that and more in today's Green News Report!

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

IN 'GREEN NEWS EXTRA' (see links below): FBI raids Ohio house speaker's farm amid alleged investigation into nuke plant bailout; Climate Change Poses 'Systemic Threat' to the Economy, Big Investors Warn; Australia's environment in unsustainable state of decline, major review finds; Facebook's Science Denial Loophole... PLUS: Supreme Court decision declaring half of Oklahoma Indian land raises big questions for oil drillers... and much, MUCH more! ...

We kick off today's BradCast on a somber, if hopefully inspiring note, on the passing of civil rights icon Rep. John Lewis who died on Friday after a battle with cancer. His decades-long fight for voting rights --- and the call to cause "good trouble, necessary trouble" --- has been an inspiration to this show and our work at BradBlog.com for many years. The best tribute we can offer to Rep. Lewis, of course, is to continue his fight as best we can. And so we do once again today. [Audio link to full show follows below.]

More than 100k absentee/Vote-by-Mail (VBM) ballots were rejected by election officials in the state of California after its March 3rd Super Tuesday primary, according to a new AP analysis. Many of the rejections were due to voter error, though not all. Some were also due perceived mismatched or missing signatures and a to a too-short statutory deadline (3 days) for VBM ballots to arrive after Election Day. The state has now increased that time to 17 days for ballots postmarked by Election Day to be included in the final tally.

But, of course, various problems with VBM is why in-person polling places remain very necessary in CA and all states this year, even with expanded mail-in voting during the COVID crisis. That is true even in the Golden State, which will be sending VBM ballots directly to all active registered voters this year because of the pandemic. Here in Los Angeles County, however --- the nation's most populous voting jurisdiction --- the Registrar-Recorder/County Clerk Dean Logan has said that, for in-person voting, he will stick with the County's new, horribly failed $300 million unverifiable touchscreen voting and electronic pollbook system this November, despite the disasters that resulted in 3, 4, and 5 hour lines to vote and an untold number of disenfranchised voters during the system's first county-wide use on March 3rd.

I discussed the decision by Logan to use L.A. voters, once again, as guinea pig beta testers this November, during the most critical election of our lifetimes, in a segment late last month on CBS2-LA News with investigative reporter David Goldstein. Incredibly, CA's Democratic Sec. of State Alex Padilla and the L.A. County Board of Supervisors have all apparently agreed to allow the failed system --- called "Voting Solutions For All People" or VSAP --- another try on November 3rd. What could possibly go wrong?

An L.A. County Civil Grand Jury --- which has also been investigating the VSAP failure --- thinks a lot could go wrong. The group's report on the VSAP failures [PDF] by both Logan and Padilla, entitled "Maybe I Voted?", demands answers from Registrar Logan as well as the state. Goldstein, who has been closely following the VSAP mess since a few weeks before the March 3rd election, followed up by covering the "scathing" L.A. Grand Jury report and called me once again to appear in that follow-up report on CBS2-LA as well.

Meanwhile, a group of Election Integrity advocates in the state sent an open letter [PDF] late last week to Gov. Gavin Newsom (and Sec. of State Padilla), seeking an Executive Order for important improvements to the state's 1% post-election audit process. We're joined today by RAY LUTZ, longtime Election Integrity advocate and the founder and Executive Director of CitizensOversight.org. His organization won a ruling in a lawsuit several years ago that would have required all Vote-by-Mail ballots to be included as part of the pool from which the random sample of ballots are drawn when determining which of them will be hand-counted after an election to assure the accuracy of the state's computerized optical-scan ballot tabulators.

When Lutz filed suit in San Diego after the 2016 election, that County's Registrar, Michael Vu, was drawing only from votes cast at the precinct or absentee ballots that were counted early for inclusion in the 1% post-election spot check. As the groups notes in their press release [PDF] announcing the letter to Newsom, that resulted in some 285,000 ballots that were automatically excluded from the mandatory "audit" in 2016. Lutz' win in the courts, however, was short-lived after Padilla (with support from L.A. County's Logan) lobbied the CA state legislator to specifically allow Registrar's to ignore late mail-in ballots all together during post-election audits. Leaving those ballots out of the audit, Lutz argues, means that nefarious actors "can just move ballots --- ten thousand, twenty thousand at a time --- from one candidate to another and no one would be the wiser because they wouldn't have that check." That, he says, is a virtual roadmap for election theft.

His group's letter asks the Governor to declare that all ballots should be included in the potential audit sample pool in this November's elections, particularly now that some 90% of votes are likely to be cast as mail-in ballots for the first time this year, due to the Governor's previous Executive Order to send VBM ballots to all this year.

Moreover, Lutz echoes frequent BradCast guest Marilyn Marks of the Coalition for Good Governance (which is suing Georgia to force hand-marked paper ballots for all) in her important tweeted concerns last night observing that both major political parties are utterly failing to ensure proper public oversight of absentee ballot handling and tabulation. Marks complained that Elections officials across the country (and definitely in Georgia!) are "working overtime to block transparency, block access, block observation, work[ing] behind closed doors, etc. This, of course, plays into Trump's hands in that if he wants to claim 'rigging,' the Dems will have little evidence documented to rebut the claim."

Lutz agrees with her thinking. California is "not a battleground state," he says, "but remember, the popular vote is always a big issue in the Presidential election. And as you remember last time, Trump made a big deal about 'illegal voter fraud' and all these 'million illegals are voting'. So we have to have our act together for this election to defend against those claims. If we do what we're doing now, we're going to have up to six million ballots that are completely unaudited and can be flipped. Six million votes is a lot. So we need to have this change."

The issue, he goes on to explain, is not only important in California. "Any state that expands their vote-by-mail or absentee voting right now probably is not auditing those ballots." Lutz points listeners to the letter to Newsom, suggesting others push for similar improvements to post-election audits in other states as well, given that, as bad as CA's processes are, they are still better than many states where no computer-tallied votes are ever examined by any human beings at all before election results are certified. "We can't rely upon the election officials, or really anyone, to do this job for us," he argues. "The public has to do its own oversight of its elections. No one can be trusted. We have to do it ourselves. This is where we really call on the citizenry to stand up and really take a look at this. Because the most important thing we can do is to make sure these elections are sound."

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It ain't over 'til it's over. And several well-respected Constitutional attorneys have just filed a motion arguing the Roger Stone case is not over at all. Not yet anyway. One of those attorneys joins us on today's BradCast to explain. [Audio link to show is posted below.]

But first, some other news of note today. It's becoming a broken record, but the U.S. broke yet another record for new, daily COVID-19 cases on Thursday. It's the 11th such record smashed in the first 16 days of July. With more than 75,600 confirmed new cases reported on Thursday alone, the U.S. is now quickly rushing toward the 100,000 cases per day that Dr. Anthony Fauci shocked the nation a week or so ago by predicting was likely coming soon.

Of course, why should anybody believe the nation's top infectious disease expert Fauci on these things? Former game show host turned rightwing genius Chuck Woolery certainly doesn't! Or didn't. Maybe he does now. Woolery unleashed an unhinged Twitter rant on Sunday calling news about COVID-19 "outrageous lies", and warning us that "The CDC, Media, Democrats, our Doctors" are "lying" about it all. The President of the United State retweet that screed to much notice on the same day. The very next day, however, on Monday, Woolery tweeted again. This time "To further clarify and add perspective." What was his added perspective? His son had been diagnosed with COVID-19. That led the former "Love Connection" host to concede that the virus "is real and it is here." He deleted his entire Twitter account soon thereafter.

Yes. It's real and here, no matter how much Trump and his duped followers hope to pretend it away. And Woolery is just the latest wingnut to be hoisted on his own idiotic social media rantings suggesting the coronavirus is little more than hoax by the media and by Democrats to help them win the upcoming election and/or to allow Fauci and Bill Gates to control the world. Or something. Unlike so many other wingnuts, sadly, who've offered similarly dangerous public rants over the past several months, Woolery wasn't actually killed by the virus before his embarrassing social media spew revealed him to be an idiot. We send our best wishes for a healthy future to both him and his son.

Similarly, we send such wishes to U.S. Supreme Court Justice Ruth Bader Ginsberg who, after apparently overcoming an infection that hospitalized her overnight this week, announced that she, separately, has been undergoing twice-weekly chemotherapy since being diagnosed with a recurrence of cancer on her liver in May. She has, so far over the past decade, survived pancreatic, colon and lung cancer. She says her current cancer is "at bay" and that she is "able to maintain an active daily routine." In her statement today, she vowed to continue her work at the Court until she can no longer "do the job full steam," adding "I remain fully able to do that." In fact, according to NBC News, other than Chief Justice John Roberts and Justice Brett Kavanaugh, Ginsburg authored more opinions over the past term than any of the other Justices, even as she was undergoing treatment for cancer. Meanwhile, the nation will remain on pins and needles until a new President is sworn in.

Ginsburg's still-sharp mind may soon be needed on a number of landmark matters that could come before the Republican's stolen SCOTUS, as the Trump Presidency (hopefully) nears its ugly end over the next several months, even as he becomes more desperate, manic, narcissistic and reckless with each passing day. One such matter that could come before the Court is a ruling on the Constitutionality of Trump's grant of Executive Clemency to his long time pal, former Trump campaign official, and decades-long GOP dirty trickster Roger Stone.

On Wednesday this week, to little public notice, the non-partisan good government group Free Speech for People (FSFP) filed a motion [PDF] with U.S. District Court Judge Amy Berman Jackson, who oversaw the Stone case and his eventual sentencing to 40 months in prison. Stone was found guilty by a jury of 7 counts of lying to Congress and federal investigators in their probe of Russian interference in the 2016 election, and of witness tampering (threatening to kill the witness and his dog) in his case. Jackson, in her closing remarks after sentencing Stone, said he "was prosecuted for covering up for the President."

That same President then granted Clemency to Stone by commuting his 3-year sentence to zero days late last Friday night, before Stone could even reported to prison as scheduled this past Tuesday. But a number of well-respected Constitutional legal scholars are now arguing that Trump's action on Stone's behalf was unconstitutional and should be overturned by Judge Jackson.

"This case isn't over," declared Ron Fein, Legal Director of FSFP in a statement announcing the motion filed with Jackson on Wednesday. "The Supreme Court has acknowledged that the pardon power is not unlimited, and the Constitution requires the President to exercise that power loyally and carefully in the public interest rather than in his own self-interest."

Joining us on the show today is BEN CLEMENTS, a former federal prosecutor, former Chief Counsel to MA Governor Deval Patrick and now Board Chair and Senior Legal Advisor for FSFP. Clements, with more than thirty years of expertise as a constitutional attorney in both the public and private sectors is co-counsel on the motion filed by this week with Judge Jackson.

"In the very clause establishing the Presidency itself, Article II of the Constitution, the framers included language making clear that the presidency is, in effect, a public trust. Its powers must be exercised for the benefit of the public, and not the personal benefit of the President," Clements tells me today. "They specifically provided that the President is required to take care that the laws be faithfully exercised and executed, and they required the President to take an oath to faithfully execute the office of President."

Clements goes on to explain that the Presidential pardon power, while "considerable" is "not absolute," and that the Supreme Court has recognized those powers "are subject to the textual constraints in the Constitution itself." In other words, as he details today, it can't be used in a criminal manner or with a corrupt purpose. He offers the example that it would be unlawful and unconstitutional for a convicted felon to pay bribe money to the President in exchange for a pardon.

"Granting a pardon or a commutation for a completely unlawful and illicit purpose is antithetical to [the President's] obligation to ensure that the laws are faithfully executed," Clements argues, adding, "There's ample public evidence that this was part of an illicit bribe. Stone agreed to protect the President by refusing to tell the truth, even lying to investigators investigating the role of Trump and his campaign in Russia's unlawful interference in the 2016 election. And Trump agreed, in exchange, to protect Stone from the legal consequences of his illegal conduct."

"At a minimum, the public evidence --- including statements from Trump himself throughout these last several years, and from the White House in describing the reasons for this commutation --- that evidence demonstrates that Trump's purpose in commuting [Stone's] sentence is to reward him for covering up for Trump, and to continue to protect Trump," according to Clement. "So, this is not 'faithful execution' of the laws as required by Article II. This is obstruction of the law, it's obstruction of justice, and it's obstruction of lawful investigations all for corrupt and self-interested purposes."

He says it is up to the court --- right now, Judge Jackson --- to consider the arguments presented and "if the judge agrees that the evidence is persuasive, to declare [the Commutation] constitutionally invalid and to order Roger Stone back to prison."

It's a fascinating twist --- or, at least, a potential one --- in the case. Clements goes on to offer his insight on how all of this may play out in the days ahead...including what may happen once, and if, the case reaches the High Court. You'll want to tune in for today's conversation for much more on this important filing, that has otherwise flown largely under the radar this week with everything else that is going on.

Finally, we end with some bonafide good news --- at least for progressives --- as 44-year old progressive African-American and first time political candidate, Jamaal Bowman, is declared the winner by AP over 16-term establishment U.S. Rep. Eliot Engel in New York's June 23rd Democratic primary. Bowman's reported victory in the 16th Congressional District mirrors Alexandria Ocasio-Cortez' win over 10-term Democratic Congressman Joe Crowley in 2018. And, as with AOC's District next door, Bowman's is heavily Democratic as well, meaning the winner of this year's primary is, as AP reports, "virtually assured of victory in the general election in November."

So there's a bit more good news to take home with you this weekend, as we all limp together towards the hoped-for coming end of the Trump nightmare and all that has come with it...

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As recently observed in a Hartford Current editorial by Shari Cantor, the Mayor of West Hartford, Connecticut, her state's residents face some of the most restrictive Vote-by-Mail (VBM) requirements in the nation. She notes, in her op-ed calling for an expansion of absentee voting in the Constitution State, that voters "may not obtain an absentee ballot unless they are a poll worker, an active member of the military, sick, out of town during all hours of voting, physically disabled or prevented by their religion."

In response to the restrictions, attorneys from the American Civil Liberties Union (ACLU), on behalf of an individual voter and the Connecticut branches of the NAACP and League of Women Voters, have now filed a federal complaint [PDF] seeking to compel the state to allow every lawfully registered voter to cast a VBM ballot during the November 3rd general election.

CT's extraordinarily restrictive "Excuse Requirement" for voting via absentee, according to the complaint, combined with the fact that state election law does not provide for early in-person voting, forces the electorate to choose this year between exercising the franchise and the very real risk of contracting (and subsequently spreading) the deadly COVID-19 virus.

Because the restrictions on mail-in voting forces the electorate to choose between voting and a risk of death --- a choice CT's Democratic Secretary of State Denise Merrill, the only named Defendant in the case, conceded voters should "never" have to make --- the complaint alleges CT's Excuse Requirement, if applied during the Nov. 3rd general election, would impose an unreasonable burden on the right to vote in violation of the 1st and 14th Amendments to the U.S. Constitution.

The complaint separately alleges that CT's restrictive VBM Excuse Requirement denies or abridges the right to vote on account of race because the combination of greater obstacles to in-person voting and COVID-19's disparate impact on the African-American community "interacts with social and historical conditions to cause inequality in the opportunities enjoyed by Black and White voters to elect their preferred representatives. [Appellate court citation]." This, the complaint alleges, violates Section 2 of the Voting Rights Act.

The 42-page federal complaint is replete with references to scientific facts and law that make it a compelling legal pleading. There's a very good chance, however, that a federal judge will never have to render a decision on the merits of the case. CT's Democratic leaders, including its Governor, Ned Lamont, may find those arguments persuasive and act accordingly...

I'm calling them Democracy Wars today. But I could just as easy call them Infinity Wars --- as the fight by so many for the right to vote and the fight by others to prevent them from voting at all --- never seems to end. But the name Infinity War may already be otherwise spoken for. [Audio link to full show follows below.]

Among the many stories covered on today's BradCast...

• A couple in Ohio sends their kids to summer camp, with masks and social distancing in an area of the country with a very low infection rate. Days later, predictably, COVID breaks out at camp, kids and counselors get sick, everyone becomes terrified, overwhelmed and is quarantining. Just a preview of what you will begin to see when/if schools are ordered to prematurely reopen for in-person classes as soon as next month, as Trump and his Republicans are pushing for;

• In Texas, Republicans recently went all the way to the U.S. Supreme Court to make sure only voters over 65 or those actively infected with COVID can vote by absentee ballot (with a doctor's order). Last Tuesday, the Lone Star state held its primary runoffs, but 68,0000 Texans were diagnosed with the virus after the deadline for registering to vote absentee and before the actual election. How many of them were then forced to endanger everyone else at the polling place or lose their right to vote? One couple's story of the difficult choices they were forced to make after recently contracting the virus after the deadline, and the nightmares they confronted in order to try and safely cast a vote (or not) under the state's absurdly restrictive absentee ballot laws;

• The U.S. Supreme Court blocks a compromise today by a U.S. District Court judge in Florida that would have allowed as many as 1.4 million former felons to register to vote this year, after the state's Republican Governor and legislature passed a law to undermine the state constitutional amendment, adopted statewide in 2018 by an overwhelming 65 to 35 percent of the vote, to allow exactly what the GOP is now blocking. Hundreds of thousands will not be able to vote in the state's August primary, thanks to the stolen Republican majority at SCOTUS. That voter suppression may continue in the Sunshine State even through November's critical Presidential Election unless the new Republican majority on the 11th U.S. Circuit Court of Appeals works very quickly. But why would they? Expect much more of this between now and November. And it's a good time to familiarize yourself with the absurd, so-called "Purcell Principle", if you haven't already;

• A three judge panel on a state court in Michigan, by a vote of 2 to 1 this week, has ruled that absentee ballots which arrive after the close of polls may not be counted. That, after voters expanded absentee voting via a statewide Constructional ballot measure in 2018 that allowed for voters to vote by mail during the 40 days prior to an election. If not overturned by the state Supreme Court, the ruling --- which seems wildly wrong on the law --- could result in tens of thousands of votes, cast and postmarked by Election Day, not being counted in November, in a state which Trump is said to have won by just over 10,000 votes in 2016. (That's especially troubling given this week's directive from Donald Trump's new Postmaster General to all USPS postal workers to slow mail delivery down, please!);

• And then, quickly back to Texas, where absentee voters, prior to Tuesday's Primary Runoff Election Day, were mysteriously receiving their voted and mailed ballots back in the mail, for reasons still unknown;

• Finally, Desi Doyen joins us for our latest Green News Report, as Joe Biden announces a major progressive proposal to fight climate change and create millions of jobs, while Donald Trump rolls back yet another landmark environmental law.

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