We've just about arrived at the point where the corrupt, stolen and packed rightwing U.S. Supreme Court almost isn't even trying to hide their corruption anymore. And, yes, as discussed today on The BradCast, that includes the Chief Justice. [Audio link to full show is posted below this summary.]

First up, Lori Lightfoot, the first black female and openly gay Mayor of Chicago was reportedly knocked out of contention in her reelection bid on Tuesday. It is the first time in 40 years that an incumbent Mayor was unseated. (The last one was the city's first female Mayor.) Paul Vallas and Brandon Johnson will go on to compete in the run-off set for April 4. Vallas is a "tough on crime" candidate vowing to add hundreds of police to the streets of the nation's third-largest city. He is supported by the police union, the Fraternal Order of Police, whose leader defended January 6 insurrectionists and equated Lightfoot's vaccine mandate for city workers to the Holocaust. Johnson, an African-American supported by the teachers union and progressive organizations, has called for more money to be spent not on police, but for mental health care, education, jobs and affordable housing.

Next, we're joined by DAVID DAYEN, progressive financial journalist, author and Executive Editor of The American Prospect to discuss Tuesday's oral arguments at SCOTUS on two different challenges --- both largely absurd --- to President Biden's student loan forgiveness program. But for being blocked by Republican-appointed lower court federal judges, the plan would forgive up to $20,000 for federal student loan borrowers making less than $125,000/year under the authority of the HEROES Act. The 2003 law, adopted by Congress and signed by the President in the wake of 9/11, grants authority to the Education Secretary to "waive or modify any statutory or regulatory provision" regarding student loan programs in the event of a national emergency.

Despite the legal authority granted by the clear language of the text, Republican lower court judges have blocked the program to date, and the corrupt rightwing Justices at SCOTUS seemed to be working hard to do the same during the 3-and-a-half hour hearing at the high court on Tuesday, according to Dayen. The Biden Administration, as he explains, has invoked the very same legal authority from the HEROES Act to "waive" student loan payments as the Trump Administration used to pause them during the pandemic. Of course, neither Trump's authority to do so, nor its authority to issue hundreds of billions of dollars in forgivable PPP loans to small businesses during the crisis, was challenged in court --- or saw its "fairness" questioned --- by Republican litigants. Low income student loan borrowers, however, are apparently a different matter.

There are two different sets of GOP plaintiffs challenging Biden's plan. One (Biden v. Nebraska) is a group of six Republican-controlled states (Missouri, Nebraska, Iowa, Arkansas, Kansas and South Carolina) and the other (Dept. of Education v. Brown) is two individuals who failed to qualify for student loan forgiveness. It seems that neither group of plaintiffs should have legal standing to sue at all in these cases, as neither seems to be able to demonstrate any real harm or injury. If these cases are to be tossed, it will likely be on those grounds. But, the Court's rightwingers sure did seem to want to block this program during Tuesday's hearing, citing the absurd and wholly-made-up, found-nowhere-in-the-Constitution "Major Questions Doctrine" as just one way to do so.

Dayen details the entire fiasco for us today. The Court will issue its opinion no later than June or July as hundreds of billions in financial relief for those need it most hangs in the balance.

Also discussed with Dayen today: The high court has decided to hear a case on whether the funding mechanism for the Consumer Finance Protection Bureau (CFPB) --- the brainchild of Elizabeth Warren during the Obama Administration following the 2008 financial crisis as the only federal watchdog agency focused mainly on consumers --- is unconstitutional. "If you believe it is," quips Dayen, "then you believe that not only numerous other agencies in the federal government have unconstitutional funding structures, but things like Social Security and Medicare are unconstitutional." A similar funding mechanism has been used for decades, without challenge, by the FDIC, the FDA, the Federal Reserve and many others.

Dayen describes the ruling that the CFPB's entire funding mechanism is unconstitutional as coming from the "deeply radical" 5th U.S. Circuit Court of Appeals. He seems to be hoping that SCOTUS has decided to hear this case next term (which begins in October) in order to reverse or, at least clarify, the lower court's ruling. We'll see if he's right about that.

Finally, we discuss drug-maker Eli Lilly's announcement today that the company plans to lower the cost for insulin, after President Biden and the Democrats' Inflation Reduction Act, adopted last year, capped expenses for the drug at $35/month for federally insured patients, such as those on Medicare. Also, we discuss today's announcement of the nomination of Julie Su as Biden's new Labor Secretary to replace the departing Marty Walsh. As Dayen reports, the clever appointment of Su, a California progressive, will place her in charge of the Department whether her nomination is blocked in the Senate or not...

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The element of surprise plays a central role in several of the stories covered on today's BradCast.

Among them...

• SURPRISE! Natural gas prices actually went negative (companies paying to give it away) in parts of Europe this week, as the EU now has a glut of natural gas with Winter approaching and storage facilities reaching capacity. That's particularly surprising after earlier concerns earlier this year that folks could freeze to death after Russia's Vladimir Putin cut off much of its supply in retaliation for sanctions against his brutal invasion of Ukraine. So, why the glut? Several reasons: EU nations scrambled to make up for the gas cut off by Putin with sources from elsewhere while also working toward a quicker transition to renewable sources of energy. Also, mild, climate changed weather in the region has eased demand so far this Autumn.

• SURPRISE! The price of natural gas in parts of west Texas also plummeted to nearly zero recently, thanks to over-production and a lack of storage there as well. All of which is "surprising", if only because Republicans have been telling (lying to) Americans that Joe Biden had crippled fossil fuel energy production in the U.S. (he hasn't), which has lead to increased prices...which is actually largely due to price gouging that every Republican in Congress recently voted against prohibiting.

• SURPRISE! Russia's war in Ukraine is hastening, not slowing, a global shift away from fossil fuels and towards cleaner, renewable energy sources like wind, solar and EV's, according to a new International Energy Agency (IAE) report on Thursday. Global investment in renewable sources is quickly rising, as nations seek energy security in response to Putin's war and in hopes of improving their economies by grabbing a chunk of the trillions of dollars being spent on development and manufacturing in the burgeoning clean energy industry. Nonetheless, while the shift will reportedly result in peak fossil fuel usage by 2025, the current pace of the transition is still nowhere near what climate scientists say is necessary to avoid the worst impacts of global warming.

• SURPRISE (FEES)! The Biden Administration's Consumer Financial Protection Bureau (CFPB) announced on Wednesday that it is cracking down on unlawful corporate junk fees --- for checks you deposit at your bank from someone which ends up bouncing; for changing plane tickets after an airline cancelled your flight, etc. --- amounting to billions of dollars in savings for American consumers. The President's announcement at the White House on Wednesday comes just days after three Trump-appointees on the 5th U.S. Circuit Court of Appeals sided with part of a lawsuit from the sleazy Payday Lending Industry lobby charging that the funding mechanism for the CFPB --- created during the Obama Administration in response to the Great Recession as the only federal agency created to protect consumers rather than corporations --- was somehow unconstitutional. And after Biden's announcement to end junk fees, Republicans in both the House and Senate released statements vowing to end the new consumer protections...which will be much easier for them to do if they win majorities in either chamber in the November midterms.

• SURPRISE (NOT)! After Amazon indignantly pretended to cut off political donations to Republicans who voted against certifying Joe Biden's Electoral College victory after the January 6, 2021 U.S. Capitol insurrection, the monopolistic retailer apparently restarted them...just as soon as the nation's next major election got under way.

• Finally, it's no surprise that Desi Doyen has both good news and bad in our latest Green News Report, as drought deepens across the U.S.., the U.N. warns about catastrophic consequences of climate change; Australia builds a really really big battery; and as the Biden Administration rolls out a national fleet electric school buses...

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Today on The BradCast, some help for voters in California trying to make sense of some of those confusing propositions on this year's midterm ballot, and some new worries for the entire nation when it comes to the GOP's vow to destroy the so-called "administrative state". [Audio link to full show is posted below this summary.]

We're joined today by DAVID DAYEN, investigative financial journalist, Executive Editor of The American Prospect and author of (most recently), Monopolized: Life in the Age of Corporate Power. We've got quite a bit to discuss with him today.

First, ride-share companies Lyft and Uber scammed California voters two years ago with the landslide passage of Prop 22, which the companies spent nearly $250 million to put on the ballot and misrepresent to voters. They claimed that their workers in the state should not be treated as employees under CA law --- with all the benefits that come with it --- but as a new type of independent contractor. The companies told voters that, under Prop 22, their drivers would make at least 20% above minimum wage (currently $15/hour in the state) and would receive other increased benefits for healthcare, etc.

Now, two years in, it turns out that Uber and Lyft drivers in CA are averaging just $6.20/hour. Dayen explains how that can possibly be, adding: "When you allow a corporation to set the terms of employment and to opt out of, in this case, the state system that governs employment arrangements, they're probably going to take advantage of it for their devices. And that's exactly what happened here."

This year, Lyft is supporting another CA ballot initiative, Prop 30, that would tax millionaires to help subsidize elective vehicles for their drivers and to fund CA firefighting efforts. The state's Democratic Party seems to believe them. The state's Democratic Governor Gavin Newsom, on the other hand, doesn't. What explains that? We try to figure it out.

But, more importantly, Dayen argues the entire matter is symptomatic of what he now sees as CA's "failed experiment with direct democracy" in its ballot initiative process. Can it be reformed to make it work for the people as intended? Or has it been irreversibly taken over by corporate interests who have learned how to purchase their interests into state law?

Also today, Dayen breaks down last week's stunning ruling by a three-judge panel on the hard-right 5th Circuit Court of Appeals (all three were Trump appointees), finding that the way Congress chose to fund the Consumer Financial Protection Bureau (CFPB) is, somehow, unconstitutional. The CFPB was created during the Obama Administration to protect consumers after the 2008 global banking crisis and subsequent Great Recession. It was the brainchild of Elizabeth Warren before she became a Senator. The Bureau is the only federal agency built and devoted specifically to protecting consumers, as opposed to corporations.

As Dayen explains, the court's ruling, if allowed to stand, would not only make the CFPB go away entirely (long a goal of Republicans), but also hundreds of regulations and consumer protections that the Bureau oversees. Moreover, if the judges are right about the funding mechanism for CFPB being unconstitutional, well then so is the funding for dozens of other critical federal agencies and programs!

"The logic of the 5th Circuit's ruling is that all of those other agencies [including the FDA] are also unconstitutional," says Dayen. "There are also a number of mandatory spending items in America that are not funded through the appropriations process. Social Security, Medicare, Medicaid, food stamps. The logic of the 5th Circuit's ruling is that all those things are all unconstitutional."

In addition to "this ruling defunding the police --- the consumer protection police" in a case brought by the rapacious payday lending industry, he details how this is the very definition of the GOP's years-long vow to "destroy the administrative state". In this case, as Dayen argues, there are also a bunch of protections for big banks that would be wiped out as well unless the ruling is overturned. So, maybe that little glitch will --- ironically enough --- help to save the CFPB.

One more matter we touch on with the author of Monopolized: Life in the Age of Corporate Power, the recently announced takeover of Albertsons by Kroger, which already owns Ralph's, Food For less, and many others as the nation's largest grocery store conglomerate. Albertsons is the second largest. They own Vons, Safeway and many others. In short, Kroger's takeover, if it goes through, would result in one company owning --- and having near monopolistic pricing power over --- more than 60% of the nation's grocery stores. As you might imagine, Dayen has a few warnings about this "very, very disturbing merger," but adds that he's pretty sure that Biden's Federal Trade Commission (FTC) "is going to take a healthy look at it."

Finally today, one more thought on one more initiative on this November's CA ballot, one which is likely to spread like a deadly virus to much of the rest of the country if successful here. Prop 31 would ban the sale of flavored e-juice for vaping and e-cigs in the state. The disingenuous claim by supporters is that flavors --- like the one that I used, espresso, to finally successfully quit smoking --- are attractive to kids. Prop 31 proponents argue this ban on flavored vape juice is needed to keep kids from vaping. But the fact is that kids are already banned from buying these products in CA! Instead, the ban would serve only to kill actual smokers by preventing them from switching to vaping, which scientists universally find to be far safer than smoking. More details in support of "NO" on CA's Prop 31 --- a maddening and deadly scam --- on today's BradCast...

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As life in the U.S. continues to get grimmer, we find a few much-needed points of light during today's BradCast! [Audio link to full show is posted below.]

First up, the GOP-controlled Mississippi state legislature finally voted overwhelmingly on Sunday to remove the offensive Confederate flag symbol from their own state flag. Both the Governor and Lt. Governor support the move and the bill will be signed. Yes, the ongoing uprising against systemic racism in the U.S. continues to bring about long-overdue positive change! Also, there was (mostly) good news in a long-awaited abortion case at the U.S. Supreme Court today, but we'll get there in a second.

Before that, we've been arguing in recent days that Donald Trump should eventually be brought up on charges for what amounts to mass murder in his purposefully and criminally delinquent and negligent handling of the COVID crisis. More evidence of that affirmative endangerment of the public was reported over the weekend by the Washington Post, which obtained video evidence that the Trump Campaign, just hours before his June 20 campaign rally in Oklahoma, removed thousands of social distancing stickers placed on seats at Tulsa's BOK Center venue by its management. As the city's health director pleaded with the campaign to postpone the rally amid spiking infections rates, and local residents and business owners went all the way to the state's Supreme Court to try and block it, the Trump Campaign was purposely making it less safe for rally attendees. The infection rate in Tulsa has continued to spike since Trump's under-attended Death Rally (where he had falsely bragged in advance that there wouldn't be "an empty seat"), as infection rates now continue to rise in at least 36 states after the largest single day increase across the nation on Friday.

Florida, Texas and Arizona, with Republican Governors who were among the first to reopen, are now seeing among the largest growth in infections and hospitalizations in the country. That, despite Republican Gov. Ron DeSantis' hubris-filled attacks on the media just weeks ago following an initial lack of new confirmed cases after reopening for Memorial Day and a now-embarrassing rant from Sean Hannity on Fox 'News' claiming that FL and NY "got it right", states like NY got it wrong (NY's infection rate was just 6% of Florida's on Friday) and that "the mob and the media....owe Gov. DeSantis a huge apology." Well, that didn't age well.

Then back to a bit more good(ish) news as the U.S. Supreme Court's Chief Justice John Roberts, for the third time in as many weeks, joined the Court's liberal wing on yet another major case --- well, mostly. It was enough, at least, to strike down an extremist anti-abortion measure in Louisiana, in any case. Had the attempt by state Republicans to insert Big Government in-between a woman and her doctor been upheld by the Court, it would have left the entire state of 4.6 million with just one single doctor legally allowed to perform the still-Constitutionally protected medical procedure.

We're joined today by one of our favorite SCOTUS corespondents, MARK JOSEPH STERN of Slate, to explain today's 4 to 1 to 4 opinion which resulted in the end of the state law requiring abortion doctors to unnecessarily obtain difficult-to-receive hospital admitting privileges. While abortion rights activists are breathing a sign of relief today, Stern explains, they likely won't have long to enjoy it. The Court with a stolen Republican Majority still appears hell bent on rolling back Roe v. Wade, he says.

While Roberts, in his own concurring opinion [PDF], effectively joined the liberals again today in striking down the Louisiana law --- again, maddening the right-wingers in the bargain --- he "is a very canny legal strategist, who still quite obviously opposes the Constitutional right to an abortion," Stern warns. In fact, what Roberts opinion today did was "leave us with a state of abortion jurisprudence that sort of rewinds the clock back to maybe 1992. Whereas, for the past four years, at least in theory, we have had a more robust protection of Constitutional rights."

With Roberts' new opinion, Stern reports, abortion rights proponents have actually lost some ground, even while the second "admitting privileges" law to find its way to the Court in four years was again struck down --- just like the previous virtually identical one out of Texas in 2016 (which Roberts then voted to uphold.)

The Chief Justice also voted recently with the Court's Democratic appointees to ban LGBTQ employment discrimination and in striking down Trump's rollback of DACA protections for hundreds of thousands of immigrant children who were brought here by their parents. So, why has Roberts seemingly become a "liberal squish" on three important landmark cases this session? Stern argues that he hasn't at all. Another ruling today regarding the Consumer Financial Protection Bureau (CFPB) in which the Court's rightwing 5 to 4 majority dreamed up new (non-existent) Constitutional powers for the Presidency, and a SCOTUS decision over the weekend to block absentee voting for all voters --- not just those 65 and older --- in Texas, in the middle of a pandemic, and in clear violation of the 26th Amendment, is just more evidence that the Republicans' stolen SCOTUS majority is still anything but "liberal", even after these three recent surprise opinions on LGBTQ rights, DACA and abortion.

Stern also offers his thoughts on whether Roberts would be voting as he has been of late if Justice Anthony Kennedy was still on the Court as its swing vote, and whether all of this suggests that the Court should now be expanded in response to theft of what should have been an actual liberal majority by now...

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On today's BradCast: Don't believe a word you are being told by the Administration or Wall Street. Actual facts and data suggest its almost entirely all bullshit. [Audio link to show follows below.]

The economic outlook in the U.S. continues to quickly degrade in light of the coronavirus pandemic, with another record 6.6 million applying for unemployment benefits last week. That brings the total number of jobless claims to an unheard of 17 million or so in the past three weeks alone, with millions more unable to even apply for benefits due to still-overloaded websites and continuously busy phone lines at states across the country. The all-time weekly record for jobless claims, until three weeks ago, was 695,000. Over the past three weeks it has been 3.2 million, followed by 6.6 million, followed again by another 6.6 million.

The numbers are stultifying. For example, that 17 million figure is more than the total number of jobs added since 2013; far more than the total number of jobs in the 20 smallest U.S. states combined; and far more than every single job in the state of Texas, which has the 2nd largest state workforce in the country. The unemployment rate, believed to now be at least 12%, goes far beyond the worst days of the Great Recession and are now in Great Depression territory, with some independent economists refering to what we are now looking at as "Great Depression II". (Check out the two gobsmacking charts in WaPo's coverage today.)

And, yet, despite those data, and still climbing coronavirus cases and deaths, we are getting a whole lot of happy talk from the Administration. And not just from our desperate, pathetic Liar-in-Chief, from whom we'd expect it, but from folks like Treasury Secretary Steven Mnuchin, who absurdly suggested today on CNBC that America "could be open for business" by May! Donald Trump's Federal Reserve Chairman Jerome Powell assured the Brookings Institution that the "strong economic footing" before the COVID-19 crisis will support a "robust" recovery, as if we could expect one any day now! All of which was enough to continue the recent Wall Street rally that resulted in the biggest weekly jump in the S&P 500 since 1974!

Everything must be going great! But, of course, it isn't. At least not back here in Realityville, where the "irrational exuberance" (as long-ago Fed Chair Alan Greenspan once described it) of the Administration and Wall Street is nowhere near seeing its way to Main Street. That, even though the Fed announced $2.3 trillion in new funding schemes --- creating money out of nowhere (no Congress needed, thanks!) --- in hopes of offsetting the impact of the pandemic on the economy. The Fed initiative includes something they are calling the "Main Street Lending Program" to shovel money to "Main Street" companies with up to 10,000 workers and less than $2.5 billion in revenue. Ya know, like most of those business on your friendly local "Main Street".

At the same time, none of the promised, measly $1,200 checks for individuals from the $2.2 trillion CARES Act have made their way to Americans yet (Mnuchin says "next week!"), and the $350 billion Paycheck Protection Program (PPP) from the same emergency relief package adopted by Congress two weeks ago is still said to be mired in bureaucratic red tape at the commercial banks tapped to hand out the money (and take a cut in the bargain). There is little if any money actually getting to people and small businesses that need it most at the moment, even as Congress was bickering again on Thursday about adding another $250 billion to the program which will still be woefully underfunded even then.

But, somehow, Wall Street and the Administration are sending the message that all will be well, with America "back in business" as early as May! Don't count on it.

Investigative financial journalist DAVID DAYEN, Executive Editor of The American Prospect and author of its daily and indispensable "Unsanitized" report (which warned about all of these matters before they happened today and were only then picked up by the corporate mainstream media) joins us again to help unpack the details on all of the above, more related failures, and a few that we should be expecting in the days ahead, as the dire situation gets worse and the irrational exuberance and happy talk from D.C. and Wall Street continues impotently.

"John Edwards used to talk about the 'Two Americas'," Dayen notes. "Those two sets of statistics couldn't be starker about the Two Americas. Investors are letting the good times roll, while ordinary Americans are losing their jobs in numbers with a speed that we have never seen before."

"The difference between 2008 and today is that, in 2008, the institutions that were getting this largess were largely responsible for the downturn, whereas these businesses pretty much aren't responsible for the coronavirus. When you look at the proportionality of the response --- when you look at the neighborhood pizza shop or the neighborhood dry cleaner, and what they have to go through to survive in this Second Depression --- and you look at a 'main street' business with 10,000 workers, or the airlines, or some other large businesses, the velvet rope service they are getting, it is obviously very disproportional," he tells me.

"So let's not say nobody has been helped. We sped relief where we could, to the people who this bill was for, and that's investors on Wall Street."

Finally today, we're joined by Desi Doyen with the latest Green News Report, with some actual good news --- even if it is paired, as usual, with her usual dose of much less than good news...

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Lots of news (for a change?) on today's BradCast after a tremendously busy news weekend (for a change?) [Audio link to today's show is posted below.]

Among the stories covered on today's program: In a fairly transparent attempt to distract from all of his Administration's --- and his own personal --- scandals, Donald Trump announed today that he plans to pull the U.S. out of the North American Free Trade Agreement (NAFTA) between the U.S., Canada and Mexico, and is striking a new trade agreement with Mexico only. We caution to be very aware of that claim.

Then, we're joined by STUART NAIFEH, Senior Counsel at Demos to discuss the lawsuit recently filed by his group and a number of Hispanic-American organizations against 32 counties in the state of Florida. Following last year's catastrophic Hurricane Maria in Puerto Rico, more than 133,000 U.S. citizens living on the island relocated to the Continental U.S., according to the Center for Puerto Rican Studies, which estimates [PDF] more than 54,000 of them now live in Florida. These U.S. Citizens, many of whom speak Spanish only, can now re-register and vote in the state, but the counties named in the lawsuit make election materials available in English only, in violation, the groups argue, of Section4(e) of the 1965 Voting Rights Act. The groups are suing to force those counties to produce election materials in Spanish before the November 2018 midterms and argue that the English-only procedures have led to lower than expected registration by these potential voters in the Sunshine State. Naifeh says this has been a longstanding issue in Florida, but even more of an issue since Maria, since there are suddenly "a lot of people coming all at once with limited English," he says.

Naifeh also explains another lawsuit just filed by the group against the state of Arizona, where the Secretary of State is not properly re-registering voters who have changed their addresses on their drivers licenses through the DMV. That, he argues, means that some 500,000 registered voters, whose registrations should be automatically moved, may find themselves unable to vote or will have their provisional ballots tossed out this November, because "Arizona has been systematically failing to update voting addresses," as required by 1993's National Voter Registration Act. Voters in both states --- Florida and Arizona --- are heading to the polls on Tuesday for their state's midterm primary elections.

Then, some breaking news out of North Carolina, where a federal court panel has found the state's U.S. House Districts to be an unconstitutional partisan gerrymander. That, after the federal courts found the previous maps were unconstitutional racial gerrymanders. The court may order new maps to be redrawn in advance of the November election! If they do, and if the U.S. Supreme Court is deadlocked 4 to 4 on an emergency appeal by the state before a new Justice is seated, then the lower court's order to use new maps for the November 6th election would stand!

Next, over the weekend, the DNC voted to change their bylaws to restrict the role of so-called SuperDelegates (party insiders, activists and elected officials) in the nominating process for Presidential candidates. Under the new scheme, adopted by an overwhelming voice vote at the weekend's annual Summer meeting in Chicago, SuperDelegates would have no vote for the party's Presidential nominee on the first ballot at the Democratic National Convention, leaving the selection of the nominee (if he or she can get a majority on the first ballot) up to state primary and caucus voters, rather than party insiders, before the Convention.

Also today, the Government's student loan ombudsman at the Consumer Financial Protection Bureau (CFPB) has resigned, charging in a scathing resignation letter that the Trump Administration is using the Bureau "to serve the wishes of the most powerful financial companies in America" by allowing private for-profit colleges, universities and student loan companies to run roughshod over American families, despite mandates from Congress to end the decades-long ripoffs by such companies.

Finally, we open up the phone lines today to calls on all of the above!...

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On today's BradCast: More encouraging signs for Democrats following special elections in both Arizona and New York on Tuesday. And more troubling news from Donald Trump's never-ending cavalcade of corporate cabinet corruption. [Audio link to full show is posted below.]

All signs suggest that a potential Blue Wave continues to build for Democrats in the Trump Era, even as the party reportedly lost a U.S. House special election in the very "red" 8th Congressional District west of Phoenix on Tuesday. After Maricopa County, AZ's new, even-more computerized polling place election system broke down in several precincts --- a potentially ominous sign for the much-larger, upcoming mid-terms --- former Republican State Senator Debbie Lesko is said to have defeated first time Democratic candidate Dr. Hiral Tipirneni by just 5 points, in a district that Trump won by 21 points in 2016.

The previously deep "red" House district in a longtime "red" state, had been represented for some 15 years by GOP Rep. Trent Franks, until he stepped down amid sexual misconduct allegations last December. While the Dems narrowly lost the race on Tuesday, thanks in part to big spending by national Republicans (and none by national Dems), election analysts regard the stunning 15+ point swing from "red" to "blue" as one of the strongest signs to date that Republicans in the House and Senate may be in very big trouble this fall.

Similarly, in New York, special elections on Tuesday for several state legislative seats resulted in one Assembly seat flipping from R to D for the first time in four decades, and in Democrats winning a majority of seats in the state Senate for the first time in years. However, one Democrat who caucuses with Republicans in that chamber means that the GOP will remain in control of the Senate until at least the end of the current session.

Meanwhile, back in D.C., Donald Trump's swamp of corruption continues apace. Interim Director of the Consumer Financial Protection Bureau (CFPB) Mick Mulvaney reportedly told a crowd of some 1,300 banking executives and lobbyists yesterday that they need to keep donating to the GOP if they wanted still more regulations gutted and oversight trashed. He appears to have admitted --- out loud --- that as a Congressman, he would only consider meeting with lobbyists who had donated to him. (And, many in the financial sector, which the CFPB was mandated to regulate on behalf of consumers after the 2008 global banking crisis, did exactly that during Mulvaney 's time as a House Rep. from South Carolina.)

But it's scandal-plagued Environmental Protection Agency (EPA) chief Scott Pruitt who seemingly continues to lead the corruption cavalcade in Trump's corporatized Executive Agency lagoon. Pruitt is not letting the mountain of scandals, corruption revelations and calls for his resignation stop him from doing the bidding of his fossil fuel industry funders at the EPA.

In a ceremony for fellow climate science deniers on Tuesday night, ironically trumpeting a supposed new era of EPA "transparency" as media and scientists were locked out of the event, Pruitt signed a proposed new rule barring what he describes as the use of "secret science" in the EPA rule-making process.

We're joined today by Mother Jones' environmental reporter REBECCA LEBER to discuss what the anti-science Pruitt actually means by that, what this deceptive new rule would actually do if finalized, and why, as she argues, this scheme may be his "most destructive move yet".

"What Pruitt has done here is propose limiting the studies that the EPA can use in crafting regulations. Those studies would have to have data that is publicly available --- which sounds great on its face. Who doesn't want more transparency? But there is a lot of complications here that effectively limit the pool drastically and really could conceivably cut out our best available science showing that air pollution and water pollution is a health problem," Leber tells me. "That's because these studies typically rely on medical records that are, by law, forced to be private and also may include proprietary information that academic institutions and even industry don't want to be public."

Nonetheless, hiding behind false claims of "transparency" in science, Pruitt is now hoping to severely restrict the use of science and, in fact, rewriting decades-old rules for the use of science itself in public government. No wonder Trump prefers not to fire him, as Leber explains, no matter how wildly corrupt Pruitt is actually proven to be...

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On today's BradCast: As usual, the big headlines obscure the most disturbing ones. [Audio link to full show follows below.]

On Friday, the Democratic National Committee filed a surprise federal lawsuit against Donald Trump, his son Don Jr., his son-in-law Jared Kushner, several other members of the Trump Campaign, as well as Russia and WikiLeaks, for what the DNC's characterizes in the complaint as a broad "conspiracy" to steal private documents and undermine the DNC and the 2016 Hillary Clinton campaign in "an act of previously unimaginable treachery". If allowed to move forward, the suit could result in the President, and all of his men, being forced to turn over documents and give depositions under oath. (It could also set a troubling precedent for journalists.)

Also on Friday, Wells Fargo was slapped with a $1 billion fine by the Consumer Financial Protection Bureau (CFPB) and the Office of the Comptroller of the Currency (OCC) for hoaxing more than half a million customers into purchasing car insurance they did not need. While it was the first major action by the CFPB since Trump muscled his own Office of Management and Budget Director Mick Mulvaney into the dual role of Acting CFPB Director, the record fine is only a small percentage of what Wells is receiving from Trump's recent massive tax cuts.

Mulvaney, who, as a Tea Party Congressman had spent years trying to abolish the consumer bureau formed after the 2008 global banking and mortgage crisis, was upbraided by Sen. Elizabeth Warren during a recent hearing in the Senate, for his ongoing efforts to undermine the CFPB's critical assistance to consumers.

And, related to all of that, while the worst of the Trump/GOP's major legislative agenda under Trump was broadly considered to be behind us with Democrats believed likely to take over one or both chambers of Congress this November, Sen. Pat Toomey (R-PA, pictured above) recently came up with a scheme to twist the obscure Congressional Review Act (CRA), in order to gut decades of executive agency regulations with a simple majority vote in each house. While the CRA, only used once in its 21-year history before Trump took office, was meant as a way for Congress to roll back new formal rules enacted by executive agencies, it has been used over the past year to gut dozens of formal regulations enacted during the last 60 days of the Obama Administration.

Toomey, however, has now come up with a new interpretation of the law to allow Republicans to kill regulations from decades ago. This week, the GOP Senate began using his interpretation to do just that. They voted to kill a 2013 CFPB "guidance" document enacted to prevent racial discrimination in auto loans after hundreds of thousands of minority car buyers were found to have been charged higher interest rates for loans (resulting in more than $100 million in fines by the CFPB and money paid back to customers.)

Toomey's maneuver, however, allows such guidelines --- as opposed to only recently enacted formal rules --- to be killed under the CRA, which also prevents executive agencies from ever reinstating a similar regulation in the future. In the bargain, decades of established executive agency regulations could now be done away with, with simple majority votes, between now and the start of the next Congressional term in 2019.

We're joined today by JAMES GOODWIN of the Center for Progressive Reform to discuss this dangerous and insidious new scheme which has received disturbingly sparse media attention since its first time use this past week. Goodwin details what the CRA was meant to do, versus how Republicans have now decided to use, and the many ways in which the CRA might now be abused across the federal government with this new precedent. "One of the main dangers of this new precedent," he explains, "is we have all of these critical safeguards that we thought were in place, that now could simply vanish. And, really, the only limitation [Republicans] face is time."

Finally, the release of memos [PDF] written by fired FBI Director James Comey just after his several meetings with Donald Trump, confirm Comey's earlier descriptions of those bizarre encounters, and have received much coverage for the President's described concerns about Russian hookers and his former National Security Advisor Michael Flynn, who has pleaded guilty to felonies in Robert Mueller's Special Counsel probe. Less discussed, however, are the troubling details from the memos revealing that Trump was similarly obsessed with convincing the FBI Director to throw journalists in jail --- in stark violation of the First Amendment --- for reporting on embarrassing leaks coming out of his White House...

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On today's BradCast: The three stories we cover at the top of today's show --- another long-range missile launch by North Korea, GOP tax cuts for the wealthy moving forward in Congress, and a Trump-appointed federal judge who just decided in favor of Trump (and seemingly, against the rule of law) in an unprecedented battle for leadership of a federal agency --- all underscore the importance of the rest of today's disturbing program. [Audio link to full show is posted below.]

An effort just before the Thanksgiving holiday by citizen volunteers at WisconsinElectionIntegrity.org (WIE) finds that inaccurate results were certified in Wisconsin's 2016 Presidential election, which Donald Trump is said to have won by just 22,000 votes over Hillary Clinton, out of some 3 million ballots cast.

Wisconsin was one of three states, along with Michigan and Pennsylvania, where Green Party candidate Jill Stein had filed for "recounts" and forensic audits of voting systems, after the Clinton Campaign declined to heed the pleas for such an audit by computer scientists and voting systems experts who begged her campaign to do so. Stein's post-election effort was largely stymied by Team Trump and various statutes in each of those states. A statewide tally was allowed to move forward in Wisconsin, however only about half of the state's ballots were hand-counted, as municipalities were allowed to carry out their choice of either manual- or machine-tallied "recounts".

After finding an alarming number of uncounted ballots in Racine County precincts during last year's machine "recount" (see documentary filmmaker Lulu Friesdat's alarming coverage of election officials refusing to hand-tally clearly valid votes there during Stein's attempted "recount") the volunteers at WIE filed, and paid for, a public records request to examine the hand-marked paper ballots in a number of those wards.

Recently, they were allowed to review those ballots and, as they feared, many perfectly valid votes had gone uncounted by the optical-scan systems both during the original Election Night tally and the so-called "recount" in counties that used the same faulty computer scanners for the second count, after they had similarly mistallied ballots on Election Night.

I'm joined on today's show by longtime election integrity advocate and WIE's statewide coordinator KAREN McKIM to discuss the group's findings, revealing that the ballot scanning computers used in some 57 municipalities across the state had failed to tally anywhere from 2% to 6% of the ballots with valid Presidential votes in each of the Racine precincts they were allowed to examine a week or so ago. In other WI cities which chose to count by hand during Stein's "recount", McKim tells me, those same scanners had originally missed anywhere from 9% to 30% of valid Presidential votes! All of that in a state which Donald Trump is said to have won last year by less than 1%.

"They were ignored by the voting system entirely," says McKim, "and that's what made the miscount - or should have made the miscount obvious to the election officials even before they certified. You could look at those election results that the voting machines spit out on their face and you could see that hundreds of votes were just missing. If you compared the total number of ballots cast to the total number of presidential votes counted, you should have known --- they should have known --- that two percent of the voters didn't go to the polls so that they could cast a blank ballot. The miscounts were obvious at the time of the canvas, and the county officials did nothing about it."

Nearly a year after the election, in late September of this year, the state Election Commission finally decertified the 20-year old Optech Eagle computer tabulators, after finding that the systems fail to tally votes at all if the "wrong" type of ink is used to make selections by the voter. The same systems are still used, according to Verified Voting, in other states, such as Indiana, Massachusetts and Virginia, and may be used again in Wisconsin next year, as the state decertification allows municipalities to wait until after the November 2018 mid-term elections to replace them.

McKim, however, tells me that those faulty machines don't necessarily explain "the really widely varying error rates from precinct to precinct. ... Why the city of Racine machines were missing more votes than the suburban machines? I don't know. You'd really have to do a forensic investigation to figure that out." But, of course, Stein was not allowed such an investigation in any of the states where she sought them.

If it weren't for Stein's attempted audit, she says, the problems may have gone completely ignored. "The poll workers noticed the missing votes when they closed the polls that night. They noted it on their inspector's reports. The municipal canvas looked at it, and I talked to the Municipal Clerk, and she said, 'I didn't know what we were supposed to do about this, so I certified it and sent it to the County Clerk.' And then the County Clerk looked at those results. She too --- and again, you could not ignore a miscount of that size --- and she just said, 'Well, it's the municipality's job to send me the accurate results. Whatever they send me, it's not my job to correct it.'"

"There is not a county in the state of Wisconsin where the county election officials check accuracy of the vote totals. They all just certify by looking at the computer tape and saying, 'Oh, look who won.'"

McKim, who is a retired quality-assurance manager, says "Every other manager that uses computers, from your grocery store to the bank to the city treasurers, they all know and accept that their computers are going to miscount from time to time. So they have routine procedures in place to check and correct before it's too late. Election administrators are the only computer-dependent managers we allow to get away with not checking the computer output for accuracy. It's insane."

"The county canvass procedures clearly allowed massive miscounts, obvious miscounts, just to go undetected and uncorrected. And that's unacceptable," she added, going on to detail what the group plans to do next, and how computer tabulation systems other than the Optech Eagle, "new or old", should never be trusted for use without citizen oversight.

We also discuss what such oversight should look like, if public Election Night hand-counts are possible in Wisconsin, how citizens elsewhere can carry out similar audits, and much more during today's show...

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On today's BradCast: A rather extraordinary power battle, turf war, legal dispute is now being played out for control of the independent federal agency formed to protect consumers from fraud and deceptive practices by Wall Street banks and other large corporations following the 2008 global banking crisis and financial meltdown. [Audio link to show follows below.]

On Friday, Richard Cordray, the Obama-appointed Director of the Consumer Financial Protection Bureau (CFPB) resigned to, likely, run for Governor of Ohio. As he did, he named his Chief of Staff Leandra English, as the new Deputy Directory, which means that, according to the 2010 Dodd-Frank law that created the CFPB, English becomes Acting Director of the Bureau.

Nonetheless, hours later on Friday, Donald Trump appointed Mick Mulvaney, his own chief of the White House Office of Management and Budget --- and a long time foe of the CFPB, which he has described as a "sick, sad joke" --- as the new Acting Director of the important consumer agency. The White House claims the authority of a 1998 law, the Federal Vacancies Reform Act, allows the President to make the appointment. A strict reading of the rule of law seems to suggest otherwise. But, today, we now have two different "Acting Directors" of the same federal agency.

We're joined on today's show by Georgetown University law professor and former CFPB advisor ADAM LEVITIN --- who warned about this potential showdown well before it came to pass --- to explain which law takes precedent, why Trump is so desperate to name Mulvaney as Acting Director rather than simply appoint a permanent chief at the CFPB, whether English's federal lawsuit filed on Sunday will prevail, and how the Trump/Mulvaney scheme represents several extraordinary conflicts of interest and a plan for a full regulatory capture of the (theoretically) independent executive agency.

Levitin describes this power battle as unprecedented in the U.S.. "The closest thing I can think of is Bush v. Gore," he tells me. "For two different people claiming a federal office, I can't think of any situation like this in modern times. This seems like it's something out of Game of Thrones, where there are multiple contenders for the same throne."

In other unprecedented Trump Era news today: A hugely profitable media outlet named Meredith Corporation purchased Time Inc. (including TIME magazine, and others) over the weekend, with the help of $650 million from the far-right Koch Brothers; The US Senate is making a desperate run this week for massive tax cuts for hugely profitable corporations (like Meredith and Koch Industries), at the expensive of low- and middle-class Americans who will end up with increased taxes and cuts to social services like health care; And, finally, Trump, during a solemn ceremony for native American Navajo code talkers, used an offensive racial slur in describing Sen. Elizabeth Warren (D-MA) as "Pocahontas". It didn't go over well...

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On today's BradCast, we offer a bit of a response to those who are still under the impression, for some reason, that Trump is a "different kind of Republican", or that he's a non-ideological populist "draining the swamp" and taking on Wall Street and the Big Banks, or --- perhaps most dangerously --- that he has no coherent agenda. We also dive into the upcoming November 7 race for Governor in Virginia and questions about the corrupt past (and future?) of the GOP nominee. [Audio link to show follows below.]

As chaotic as everything he is doing seems to be, Trump's agenda is, in fact, very coherent, and little more than radical George W. Bush right-wing Republicanism on steroids --- albeit without the educated and politically correct artifice. Among the exhibits in today's argument: His administration's attempt to physically (and emotionally) prevent a teen immigrant from receiving a Constitutionally lawful abortion by keeping her locked up, despite court orders; and the Republican Senate vote late Tuesday night, with a huge assist from the Trump Administration, to dismantle a key consumer protection reform that had been five years in the making following the 2008 mortgage crisis and subsequent global economic meltdown.

That big win for Trump and Wall Street will prevent American consumers from having the right to sue huge corporations even after being screwed by deceptive, fraudulent practices. Yes, elections have consequences. And there is another big one set for just under a week from now to replace the outgoing Democratic Governor of Virginia.

The polls are reportedly tightening in the race between Democratic Lt. Governor Ralph Northam and former RNC chair, corporate lobbyist and George W. Bush Administration official Ed Gillespie. We're joined from Capitol Hill today by muckraking ShareBlue reporter MIKE STARK, who has been covering the Gillespie campaign and recently plowed through Bush-era White House visitor logs during Gillespie's term as a White House advisor, to find several instances of meetings with executives and lobbyists for big banks and energy companies that Gillespie had previously represented. The very next day after those meetings, Stark reports, the Bush Administration changed policies on issues those companies had been lobbying for.

The revelations and concerns of quid pro quo corruption come on the heels of the last Republican Governor from Virginia, Bob McDonnell, having been convicted of multiple counts of public corruption related to expensive gifts and huge sums of cash received from the CEO of a company hoping to win favors from the Governor.

Stark details his findings from those 2007 White House logs; his attempts to press Gillespie on the stump regarding his corporate lobbying work for big banks, big tobacco, big energy, and big pharma; his ties to the NRA, which, along with the Koch Brothers' Americans for Prosperity, is making huge television ad buys on Gillespie's behalf; the GOP candidate's claims to oppose bigotry and racism in all forms, despite racist ads and disgraced former U.S. Sen. George Allen (R-VA), forced out of the Senate after racist comments, serving as Gillespie's campaign chair. We also discuss Trump's role in the race and whether Democrats may be on the verge of losing what should be an otherwise easy off-year election victory in Virginia.

Finally, Desi Doyen joins us to discuss the bizarre news regarding the tiny company from Montana that was, for some reason, granted a $300 million contract to rebuild Puerto Rico's energy grid after the devastation of Hurricanes Irma and Maria, and the report late today from the Wall Street Journal that a federal oversight board plans to install an Emergency Manager to takeover, and potentially privatize, Puerto Rico's state-owned power company. We get comment from a former Puerto Rico Power Commissioner who describes why the news is "unfortunate" for the island's 3.5 million struggling residents...

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For a few blessed moments on Monday, the peoples of the United States set politics aside, for the most part, to look skyward, toward the first continent-wide total solar eclipse in the U.S. since 1918. But the welcome distraction from politics in the madness of the Trump Era didn't last long, as reflected on today's BradCast. [Audio link to full show follows below.]

More and more top Republicans and Trump allies continue to publicly distance themselves from this President, following the past tumultuous month of his Presidency (breathlessly summarized today, courtesy of CNN's Brook Baldwin), as capped by his defiant defense last week of the white supremacist rally that turned deadly in Charlottesville.

Democrats are now reportedly beginning to salivate at the idea that a wave election could be ahead for them in 2018, in which they re-gain control of the U.S. House. But is that hope a realistic one? And is their new "Better Deal" plan to capture the majority, focusing on populist economic issues, enough to get them there?

We're joined today by financial author and journalist DAVID DAYEN of The Nation and The Intercept (among other places) to discuss the Democratic Party's plan for rebuilding with new populist regulatory agencies and oversight, which Dayen describes as "quietly radical".

"I don't have high expectations for Democratic campaign plans," he tells me. "But what I will say is that all of the things they've put out thus far all really boil down to one phrase, and that's Fighting Corporate Power."

He details how, based on the popularity of the Consumer Financial Protection Bureau (CFPB), created during the Obama Administration with Elizabeth Warren to fight for consumers rights, Democrats have a host of new oversight organizations that they hope to put in place, in what Dayen describes as the most expansive addition of federal agencies since FDR's Depression-era "New Deal". But, he warns, "credibility is the issue for Democrats --- whether they're going to follow through on this 'people vs. the powerful' rhetoric that they sometimes try to bring up to win elections."

We discuss that, as well as the debate on the Democratic/progressive side of the aisle between so-called "identity politics" and economic populism, and what he says he should know about all of the business leaders seemingly abandoning Trump and his Presidential economic councils, which have been publicly disbanded in the wake of Charlottesville. Dayen tells me he "can't believe that people are being duped by [it]...All you have to do is look beyond these 'advisory boards' --- which are really nothing more than direct lobbying efforts --- to know that the lobbying has just gone underground!"

Also, Dayen explains the purported "trade war" with China that Trump's now-former Chief Strategist Steve Bannon was murmuring about on his way out the door last week...

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On today's BradCast, good-ish news on several fronts. But only good-ish. That said, we'll take what we can get these days. [Audio link to complete show is posted below.]

First up: Hackers have been stealing thousands of credit card numbers and social security numbers from Donald Trump's hotels for months. Years, actually. But, other than that, no need to worry about his ability to oversee our nation's cybersecurity. (Or, for that matter, the security of private voter registration data his so-called "Election Integrity Commission" has requested from all 50 states.)

In related-ish news, Trump is reportedly furious in the wake of Donald Trump Jr.'s recently revealed meeting with a Russian attorney who promised dirt on Hillary Clinton during the campaign last year. But, he's not mad at Trump Jr., he's mad at the media for reporting it, apparently, and at dozens and dozens of sources inside his own White House and otherwise close to him, who keep leaking these sorts of things to the press.

In turn, even Congressional Republicans (including folks like Rep. Trey "Benghazi" Gowdy) are growing increasingly furious at the Administration, as their legislative agenda continues to be sidetracked by the ever-growing turmoil of the seemingly hapless Team Trump.

Nonetheless, Senate Republicans say they are planning to unveil the newest version of their health care repeal on Thursday, with a vote planned for early next week. The good-ish news is that they've reportedly removed some of the huge tax cuts to the wealthy from the bill in hopes of winning enough GOPers for approval in the chamber. But the huge cuts to Medicaid are said to still be in the legislation, which means it may still have the same problem finding 50 votes for passage in the Senate.

All of that, even as a new study finds that the Affordable Care Act ("ObamaCare"), which Republicans hope to dismantle, isn't in the "death spiral" Republicans and Trump continue to pretend it is. In fact, the study finds the landmark health care law is having its best year yet, and is actually more healthy and profitable than ever, despite continuing attempts by the GOP and White House attempts to undermine it.

Finally today, some more good-ish news as the federal Consumer Financial Protection Bureau (CFPB), created in response to the 2007 global banking crisis, has finally enacted a new rule to curb fine-print "arbitration clauses" in contracts that prevent customers from being able to sue banks and credit card companies who are ripping them off.

Public Citizen's Vice President of Legislative Affairs, LISA GILBERT, joins us today to explain the good-ish news, and the Republicans' plan to undermine it all together as soon as humanly possible.

"We call them 'rip-off clauses' because that is exactly what they do. Many people sign contracts without reading the tiny fine print --- we would say most --- and in those contracts, whether it's with a financial institution, whether it's a credit card, whether it's a cell phone contract, people are foreclosed on the right to sue a company if it wrongs them," Gilbert explains. "If they can't sue, they are instead forced into arbitration. It's a kangaroo court set up. It's something the corporation itself funds and pays for, so you can imagine, it is biased in their direction. Few people ever go to it at all, but when they do, they tend to lose. So it's a way for corporations to get out of jail free if they rip off their customers."

After a 5-year process, the CFPB has finally enacted the regulation as called for by the Dodd-Frank Act. So, naturally, Republicans already have several plans in place to kill it. Unless you stop them...

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