It was another necessarily grim BradCast today, as conditions worsen and the death toll rises in Gaza while Israel continues relentless airstrikes in the wake of Hamas' horrific attack over one week ago. [Audio link to full show follows below this summary.]

Hundreds of innocent civilians, including women and children, have been killed over the past week in the Gaza Strip in advance of Israel's likely ground invasion. Food, water, medical supplies and fuel remains cut off to the territory of 2.3 million, with supplies now running dangerously low. The U.S., along with the U.N. and human rights organizations are calling for humanitarian aid to be allowed in, and for innocent victims and foreign nations to be allowed out of the region. The death toll is now in the thousands and 30 Americans have been confirmed as killed.

Hopefully, as grim as it may be, today's program is an insightful one, with both accurate news and a number of spirited conversations with callers. You'll be the judge of the that.

Among just some of the stories we covered before opening our phone lines to listeners today...

• Washington Post: "U.S. signals push to ease Gaza humanitarian crisis"
• U.S. State Dept: Secretary Antony Blinken's Remarks to the Press in Cairo on Sunday
• CBS' 60 Minutes: Interview with Joe Biden on Israel-Hamas conflict
• Reuters: "Slain Palestinian boy mourned in Illinois after suspect appears in court"
• NBC News: "Suspect in death of 6-year-old Palestinian American boy was obsessed with Israel-Hamas war, prosecutors say"
• NYTimes letter from Fadi Abu Shammala: "What More Must the Children of Gaza Suffer?"
• AP News: "Settlement over Trump family separations at the border seeks to limit future separations for 8 years"

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Last week, a U.S. District Court judge in the Southern District of Florida issued an important preliminary injunction [PDF] to a cruel state measure blocking medical treatment for transgender kids.

Relying upon medical science and a U.S. 8th Circuit Court of Appeal decision handed-down last year, Judge Robert Hinkle temporarily enjoined provisions of a Republican-engineered state statute and rules issued by state medical boards to enforce it, which make it a crime and grounds for terminating a license to practice medicine, for physicians who furnish minors (under 18) with gender-affirming care.

In his 44-page ruling, Judge Hinkle found that the plaintiffs (adolescent transgender children and their parents) were likely to succeed in their claims that the state's new restriction on gender-affirming care violates the Due Process and Equal Protection Clauses of the 14th Amendment to the U.S. Constitution. Allowing the law to take effect, he explained, was likely to cause "irreparable harm" to the child plaintiffs...

Late last year, by of way a blistering 139-page order [PDF], Chief U.S. District Court Judge Mark E. Walker agreed that a provision of Florida's totalitarian "Stop W.O.K.E. Act" pertaining to university professors and students should be blocked.

The acronym in the title of the bill --- also referred to, without apparent irony, as the Individual Freedom Act (IFA) --- stands for "Wrong to our Kids and Employees". But, turning to Judge Walker's decision in Pernell v. Fl. Bd. of Governors, it may be useful to understand the intended usage of the word "woke" in Act's title. As defined by Merriam-Webster, it means to be "aware of and actively attentive to important societal facts and issues (especially issues of racial and social justice)."

In pressing for passage and in signing this Act, Florida Governor Ron DeSantis, a current front-runner for the 2024 GOP Presidential nomination, vowed "to fight the woke" in our schools, businesses and government agencies. He and other Republican thought police have perniciously conflated the mere mention of historical truths about societal facts and issues relating to race or social justice with "indoctrination".

Last year, Judge Walker's order in response to the Stop W.O.K.E., aka Individual Freedom Act (IFA), hauntingly cited George Orwell's 1984...

On today's BradCast: Based on the FBI's unsealed warrant for their recent court-approved search at Mar-a-Lago, we now know that our disgraced former President is being criminally investigated by the Dept. of Justice for violation of at least three federal statutes. One of them --- the one which has arguably received the most headlines --- is the Espionage Act. But that very broad federal statute has been wildly misused by the government over the years to target free political speech and, in modern days, both whistleblowers and journalists. Today, we speak with national security whistleblower Edward Snowden's lead ACLU attorney in hopes of better understanding the controversial law, what's wrong with it, how it needs to be amended, and if it is now properly being applied against Donald Trump. [Audio link to full show follows this summary.]

First up, however, as primary elections are underway in New York, Florida and Oklahoma today (noteworthy results and problem reports for voters on our next 'BradCast'), we wanted to close a loop on a story we reported last week. Anti-abortion activists in Kansas had hoped for a statewide hand recount of the ballot measure for a state constitutional amendment that failed so thoroughly during their primary elections earlier this month. The measure, trounced by about 18 points, would have allowed state Republicans to ban abortion rights in Kansas. Activists vaguely claimed there was evidence of fraud and asked for a hand-count of 9 of the state's largest counties after failing to raise enough money to count the whole state. That hand-count was completed over the weekend and very few votes changed at all. The "Yes" campaign netted an additional 63 votes out of more than 556,000 tallied by hand in those counties.

We've got some thoughts on that hand count to share today, including a response to the Kansas Sec. of State who claims the hand-count "proves once and for all that there is no systemic election fraud in our state's election process" (it doesn't) and for Democrats who decry lawful, public hand-counts --- paid for by challengers, even if they are loony ones --- as undermining our election system. They don't. In fact, they add confidence to it. Tune in for more.

Next, on Monday night, the New York Times reported that Donald Trump stole at least 300 documents marked as classified, many of them said to be incredibly sensitive national security documents. (Contrast that with the total of 3 documents found to have been sent to Hillary Clinton via her private email address marked as classified, for which Trump and his supporters railed to "LOCK HER UP!" for so many years.) All told, it took a year and a half to get those stolen documents back, after a year of negotiation and pleading by the National Archives, a grand jury subpoena from the DoJ, a personal visit to Mar-a-Lago by its top counter-espionage official, and, ultimately, the FBI search earlier this month.

Throughout that time, the paper reports, "Trump went through the boxes himself in late 2021," before failing to turn them all in and, even now, it is unknown if all of the stolen documents have yet been returned. Whether marked as classified or not --- and whether Trump declassified them or not (he didn't) --- it was still illegal for Trump to have any of them in his possession.

The federal search warrant revealed that he is being investigated for, among other things, violation of the Espionage Act. Writing last week at Politico, the Knight First Amendment Institute's Jameel Jaffer, formerly of the ACLU, argued that the Act has been abused over the years in its application against whistleblowers and journalists, such as Chelsea Manning (who released classified documents revealing war crimes by the U.S. Military), Reality Winner (who released a classified document revealing Russia's 2016 breach of U.S. voter registration systems) and, more recently, WikiLeak's Julian Assange.

But, Jaffer writes, while the overly-broad law desperately needs to be amended or even scrapped entirely, its use against Trump appears to be perfectly appropriate.

We're joined today by BEN WIZNER of the ACLU's Speech, Privacy, and Technology Project. Wizner serves as the principal legal advisor for Edward Snowden, the national security whistleblower who, charged with Espionage Act crimes, is currently living in Russia to avoid prosecution.

Wizner explains the many problems with the more than 100-year old law as it was originally used --- before being somewhat amended decades later --- to prosecute thousands of Americans for legitimate political speech. "In fact, the abuses of the Espionage Act at the outset really had something to do with the formation of the American Civil Liberties Union in 1920," he tells me. "It was used by Woodrow Wilson's administration to go after pacifists and anti-war activists, labor activists. Eugene Debs was prosecuted and imprisoned under the Espionage Act. So in its early years, it really is associated with all of the excesses of the first Red Scare and the crackdown on dissent, and immigrants and other radicals." (Debs ultimately ran for President from his prison cell, as Trump may now wish to take note.)

"In it's modern history, the core critique of the Espionage Act has been that it doesn't distinguish between selling the country's secrets to a foreign adversary for personal gain and sharing those same secrets with respected journalists in the public interest," Wizner explains. "In the Snowden case, you have somebody who shared information with news organizations. Those news organizations won the highest awards in journalism, a public interest Pulitzer Prize [based on documents from Snowden.]

But the most egregious part of the Espionage Act, as Wizner notes regarding Snowden's case and his exile abroad: "He's not able to argue, if he's brought to court under this law, that he was acting in the public interest, [and] that in fact the law [was] changed as a result of his actions. All of that would be irrelevant and inadmissible under an Espionage Act prosecution."

In other words, Snowden would be disallowed from even offering a defense for what he did. "The first person ever prosecuted under the Espionage Act for leaks to the press in the public interest, rather than trying to provide secrets to a foreign entity was, of course, the Pentagon Papers whistleblower, Daniel Ellsberg, in 1971," Wizner reminds us. (We discussed Snowden's case with Ellsberg on the show back in 2013. Audio and transcript here.)

There is much more to discuss about this bad law and the need to amend it, as several lawmakers from both major parties have long been trying to do. Tune in for that.

As to whether Wizner agrees with his former ACLU colleague, Jaffer, regarding the Espionage Act's correct application against Trump? While he argues "there's no good justification for what Trump did here," Wizner says he is keeping powder dry" regarding Trump's alleged Espionage Act violations. "I am very open to the possibility that when we find out why they cited that statute, I will be a full-throated advocate of what they did in this case. I'm just saying I don't have the information yet to be that full-throated advocate...It matters what those documents were. The fact that they were marked classified is a key fact. I still want to know what was in them."

"I believe Jameel Jaffer is correct that the concerns that the ACLU and other have raised about the Espionage Act are not implicated here," Wizner tells me. "We've been saying you shouldn't equate two different categories --- spies and whistleblowers. What we have here is a third category."

Finally, after some breaking news on President Biden reportedly deciding to forgive up to $10,000 in student loans for some federal borrowers, and Desi Doyen's explanation of how Democrats may have quietly and ingeniously outsmarted both Republicans and their stolen U.S. Supreme Court majority by declaring carbon dioxide and other greenhouse gasses to be "pollutants" in their recently passed Inflation Reduction Act, she joins us for our latest Green News Report, as the summer of extreme extreme weather continues...

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It's turning out to be Policing Week on The BradCast for some odd reason...even as a police helicopter circled above our studio here in L.A. for most of today's show. We don't think they were there for us, but apologies for any unexpected noise throughout. [Audio link to full show follows below summary.]

Speaking of policing, Attorney General Merrick Garland on Wednesday announced a Dept. of Justice "pattern or practice" probe of the Minneapolis Police Department, the day after a jury found former MPD officer Derek Chauvin guilty on all counts of murder and manslaughter for his killing of George Floyd last year. Garland explained that "yesterday’s verdict in the state criminal trial does not address potentially systemic policing issues in Minneapolis," but that the DoJ investigation could result in mandated changes if the federal agency finds systemic abuses in the MPD's use of force policies, including that deployed against protesters.

Garland may need to expand that probe to neighboring Brooklyn Center, MN and to the Minnesota State Patrol after their outrageous behavior during the past week of protests in response to the police killing of 20-year old black motorist Duane Wright. In addition to the use of pepper spray, tear gas and paintballs against protesters, similar tactics were used on media attempting to cover the demonstrations and what our guest today describes as "police riots". In addition to being directly sprayed and gassed and beaten up, members of the media on Friday were forced to lie face down on the ground so that cops could photograph their media credentials, drivers licenses and faces. The violence deployed against the press exercising their First Amendment rights in Brooklyn Center was particularly egregious coming just hours after a court order --- in a case filed by the ACLU after press mistreatment during the George Floyd protests last year --- specifically barred police from "arresting, threatening to arrest, or threatening/using physical force" against members of the media.

But, as our guest today, longtime Philadelphia Inquirer and Daily News national columnist WILL BUNCH noted in a recent column referencing the violence against press and protesters in Brooklyn Center that is making us all "less safe," none of this should be a surprise. "Officers in the Minneapolis suburb --- just 10 miles or so from the corner where Officer Derek Chauvin kneeled on the neck of a dying George Floyd...-- raised a version of the 'thin blue line' flag over their embattled station house, which was their bold and outrageously arrogant signal that Brooklyn Center was about to become some kind of Alamo for racist, oppressive policing in America."

We discuss all of the above and much more with Bunch today, who explains that he has been "very focused on the institution of policing in this country" of late, "because there's a school of thought in this country that if we just weed out the bad apple cops --- and Derek Chauvin being Exhibit A --- if we just weed out the handfuls of Derek Chauvins, that policing will be great in America, and that's just not the case."

Given the seemingly endless stream of appalling videos, revealing more killings by police each day, and broad calls for nationwide policing reform, we've got much to talk about on today's program. After "some accountability" in Minneapolis on Tuesday, the long "arc of the moral universe" continues to "bend toward justice," even if, as Bunch notes, it continues to take an intolerably long time for too many Americans.

"One reason why I focus on these police abuses of the media," Bunch tells me, is "if this is how they treat people who have cameras, who have the megaphone of working for a large news organization and can tell the world about what happened to them, if this is how they treat people who are clearly marked as journalists, and if they have half a brain and know that they will write or publish pictures of what happened to them, how do you think they're treating citizens when there are no cameras? Or citizens who don't have the power of the New York Times or the AP or other news organizations to tell their story? If they're doing this to reporters, what they're doing to regular citizens is almost certainly going to be worse."

Finally, we close with some slightly brighter news today from the White House. First, Joe Biden appears to have met his doubled-down goal of 200 million COVID vaccine shots during his first 100 days in office. That landmark was reached today, he said, on his 92nd day.

But, as that promise was met, Biden is preparing to unleash an even more ambitious goal on Earth Day tomorrow, according to AP. During a two-day virtual climate summit hosted by the White House, the President will pledge to cut U.S. greenhouse gas emissions by at least 50 %below 2005 levels by 2030, with the ultimate goal of net-zero carbon emissions by 2050. The news was met with huge plaudits from many (if not all) climate scientists and environmental groups, as appropriate to mitigate the growing dangers our climate emergency and for meeting the Paris Climate Agreement goal of limiting warming to what would be a catastrophic 1.5 degrees Celsius global rise. Of course, that also means that fossil fueled wingnut heads are already exploding in the Republican Party and at Fox "News". So, let the explosions begin! We could use a good laugh these days...

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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"...

It's a race to stupid. And we're all winning! Or losing. Depends on how you choose to look at, apparently. [Audio link to full show is posted below summary.]

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

• The stock market soars on the barest of evidence that a vaccine could be on the way. Eventually. But irrational exuberance is...well...irrational;

• Trump fired the State Department Inspector General on Friday night. It was the fourth independent executive agency watchdog that Trump has axed over the past six weeks as he continues to dismantle all governmental oversight of the Executive Branch and what is virtually the last firewall against corruption by the most corrupt Administration in the history of the nation. In this case, the firing seems to have been carried out unlawfully by the President at the request of Sec. of State Mike Pompeo who is under investigation by the IG for forcing agency personnel to run personal errands for him and his wife, as well as for his part in funneling some $8 billion in arms sales to Saudi Arabia under the guise of Trump's phony "Emergency Declaration". The sales are in contradiction to a bipartisan vote by Congress last year, specifically denying the appropriation;

• Former Republican Rep. Justin Amash of Michigan decided over the weekend that he will not run for President on the Libertarian Party ticket after all;

• In Missouri, under pressure from an ACLU lawsuit, the GOP-dominated state legislature passed a law on Friday allowing all registered voters to vote with an absentee ballot if they so choose. That's good. However, those who are not either ill or at "high risk of serious complications from COVID-19" must still have their ballot verified by a Notary Public before it may be sent or counted. So, yeah, voters will still be forced to put themselves at risk in order to vote in the Show-Me state this November;

• Meanwhile, just before air today, California Governor Gavin Newsom announced the relaxation of certain criteria for counties to reopen businesses across the state;

• And in Long Island, New York, anti-lockdown protesters threatened a journalist reporting on their protests by running at him without masks on. "No," one of the jackasses is seen saying as he charges the reporter, "I got hydroxychloroquine! I'm fine!";

• We then open the phones to listeners to ring in on all of the above as well as on an interesting question the BBC posed to its audience over the weekend: "If you could go back to the start of the year and give yourself some pre-lockdown advice, knowing what was about to happen, what advice would that be?". Tune in for the answers!...

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It seems that even Republicans in Florida have finally been forced to notice/admit what we've been pointing out about the 2016 election for years now. And our guest on today's BradCast, a longtime county elections chief from the Sunshine State, is none too happy about any of it. He offers several serious-as-a-heart-attack warnings about 2020 in the bargain. [Must-listen audio link to show is posted at end of article.]

But, first up today, the nation and world continue to pay a dangerous and painful price for whatever did or didn't happen that resulted in the election of Donald Trump in 2016. The Administration continued to ratchet up their threats of war against Iran on Wednesday by ordering all nonessential U.S. Government staff out of Iraq, citing unspecified and publicly unsupported claims of threats from Iran. The face-off clearly comes from Trump's ill-considered decision to pull out of the 2015 Obama Administration-brokered, seven-nation nuclear agreement which had effectively ended Iran's nuclear program. Though even the Trump Administration conceded Iran has been faithful to the anti-nuclear pact, Trump withdrew the U.S. and re-imposed crippling sanctions. He's now threatening war, for reasons that nobody seems to understand, and has deployed war ships and bombers to the tinder-box region.

Back at home, Trump's stolen U.S. Supreme Court has inspired dozens of new anti-abortion laws in state after state. On Wednesday, Alabama Gov. Kay Ivey signed the most draconian measure yet, a bill that would outlaw almost all abortions, including in cases of rape and incest, while jailing doctors who perform the (currently) Constitutionally-protected procedure for up to 99 years. The new law, adopted on Tuesday by the male-dominated state Senate and signed less than 24 hours later, would not only force women to carry the child of their rapists, it could also penalize doctors more harshly than the rapists. The ACLU has vowed to challenge the law which would require even pregnant 11-year old rape victims to carry their baby to term.

In North Carolina on Tuesday, Republican primary voters selected their candidate to run against Democrat Dan McCready in the do-over election for the state's 9th U.S. House Congressional District after the Republican candidate and Baptist Minister Mark Harris was discovered to have hired a GOP contractor who carried out a massive Absentee Ballot Fraud Scheme last November. The 10-candidate GOP primary resulted in hard-right, Trump-loving state Senator Dan Bishop being selected to run against McCready in September's do-over election. Bishop is the author and lead sponsor of NC's infamous 2016 law restricting bathroom access for transgender people.

But, as the nation and world continue to pay the price for Trump's nightmarish Presidency, new questions emerge (or, at least, are finally being noticed by Republicans) regarding his own supposed 2016 election victory. On Tuesday, Florida's new Republican Governor Ron DeSantis acknowledged the FBI notified him that election systems in at least two different Florida counties were infiltrated by by Russian intelligence in advance of the 2016 election. He says the FBI has barred him from publicly stating which two counties those are.

The news comes on the heels of similar (and similarly vague) allegations detailed in the redacted Special Counsel report [PDF] from Robert Mueller (see Volume II, page 50, "Intrusions Targeting the Administration of U.S. Elections"), as well as public claims in 2018 made by Florida's then Democratic U.S. Senator Bill Nelson. Nelson's assertions about Russian access to the state's elections systems were publicly ridiculed at the time by then Gov. Rick Scott and other GOPers, even though Florida's Republican U.S. Senator Marco Rubio was told about the same information at the same time as Nelson in the Senate Intelligence Committee. Scott would go on to narrowly defeat Nelson for the Senate seat in 2018 and Republican DeSantis is said to have narrowly edged out Democratic gubernatorial candidate Andrew Gillum on the same day. Both races were so close they resulted in unprecedented statewide "recounts".

However, as our guest today, 30-year veteran Leon County, FL Supervisor of Elections ION SANCHO explains, "recounts" in Florida amount to little more than running the same paper ballots through the same optical-scan computers which tallied them --- either correctly or incorrectly --- in the first place. Sancho, the legendary elections chief in Tallahassee, the state's capital, was so well-respected by all sides that he was tapped in 2000 to oversee FL's notoriously aborted Presidential recount that year. He is furious today about DeSantis' announcement, the secrecy behind which are the counties that were penetrated (he retired after the 2016 election), and explains that he was lied to by the FBI when he was told, during a then confidential conference call with Bureau officials in 2016, that "no county had been hacked" in the run-up to the election.

"The Justice Department has continued to obfuscate and lie about this situation from the very beginning. I was on a confidential call on September 30, [2016] in which all 67 election officials here in this state, and the state election officials, were informed by the FBI that no county had been hacked. The state hadn't been hacked. They told us that. And we now know, from the documentation that's been released through The Intercept and Mueller, that was false. We now know from the documentation, some time in early August [of 2016], the successful penetration occurred."

Sancho also now questions whether there were more than two counties penetrated and says he has no reason to trust the claims by either DeSantis or federal officials that election results were unaffected by the attack. "Here's the crazy thing about it," he tells me, "the Russian GRU knows which counties they've penetrated. The only people that don't know are the election officials and the citizens and voters of the state...it's time the American citizenry, particularly Floridians, figured out that information."

He also hails NSA whistleblower Reality Winner as a "heroine" for alerting the world to documents revealing that the Russian GRU had penetrated elections systems in Florida (and possibly elsewhere) via coordinated spear-phishing attacks that allowed them access to voter registration and website election results reporting systems made by VR Systems, a private election systems vendor with contracts in dozens of U.S. states. Winner is currently serving 5 years in federal prison for having leaked those documents to The Intercept in 2017.

Sancho demands to know "why Homeland Security decided to keep critical information from state and local election officials" for so many years. "Why weren't we told?" He also furious at Rubio and other Republicans for their treatment of Nelson when he tried to blow the whistle himself last year. "Nelson was vilified as being old and senile for saying such a ridiculous thing. And actually he was right...And quite frankly, the individual whose stock falls in my eyes is Senator Rubio, who confirmed what Sen. Nelson said, only after the election. He could have told the truth, and said that Sen. Nelson is raising a valid point. He kept his mouth shut. He put his party over this nation, and we are poorer for it today."

As to the security of the state's election systems as we head into 2020, he warns that "Florida is not well protected," adding a chilling note: "You do a reconnaissance before a major attack," he tells me, "and I don't think we've had the major attack yet."

Sancho has plenty more to say regarding Florida's move to unverifiable computer-marked paper ballots in advance of the upcoming Presidential election, and much more that I hope you'll click below to tune in for. There's simply too much to fully summarize here.

But one last point for now. Sancho also offers his thoughts today on the recent measure passed by GOP state lawmakers to undermine Florida's Constitutional Amendment 4 which was adopted by nearly 65% of statewide voters last November, allowing some 1.5 million former felons in Florida who have completed their prison sentences as well as all parole and probation, to have their voting rights restored. The new GOP measure, which awaits DeSantis' signature, would bar those newly-eligible voters --- including more than 20% of the states African-American voting-age population --- from registering to vote unless all court-imposed fines and fees are paid.

"What the Republicans did was reprehensible," Sancho rails, arguing that the bill contradicts "the overwhelming, clear language" of the statewide constitutional ballot measure. Many have described the new GOP bill as a poll tax. Sancho calls it more "cash register justice", as it will allow those with money to vote, but not those without. "This is clearly restricting the right to vote based upon who can afford to pay. Jim Crow has been reestablished in Florida."

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Our lead story on today's BradCast makes everything else seem quite small by comparison. (And, no, that story is not the new royal baby. You're welcome.) Unfortunately, those other stories aren't small at all. In fact, they are almost all unprecedented as the nation continues its dark plummet into an historic Constitutional crisis under this Presidency. [Audio link for today's show is posted at end of summary.]

We cover quite a bit of ground on today's show, by necessity, if not choice. Among the stories covered...

• A landmark, 1000+ page report compiled by some 450 researcher working with a U.N. agency, based on the data from 15,000 scientific and governmental reports warns that 1 million of the planet's 8 million plant and animal species are now threatened with extinction --- many within decades --- thanks to human activity. The report finds that, more than at any other time in human history, nature itself is threatened due to human development and consumption that leaves land species finding "insufficient habitat for long-term survival" and oceans species in similar peril. While the report's authors stress there is still time to act to reverse this alarming trend, we break down some of their critical findings at the top of the show, since they are likely being overshadowed today with so much other insane news emanating from our nation's capitol and reverberating around the globe;

• Beyond that disturbing new study, world markets opened on an alarming note on Monday --- including an initial 450-point plunge on the Dow --- following Trump's weekend tweets threatening to impose a 25% tariff on all goods imported from China by week's end. In ">his tweet, he included at least two lies, including that "China has been paying Tariffs to the USA" and "These payments are partially responsible for our great economic results." In fact, Americans pay those taxes, not China. And, as even honest conservatives who we cite on today's show point out, Trump's continuing trade war has harmed, not helped the economy, and the trade deficit with China has only gotten worse, not better, for the US in the bargain;

• Posing an additional threat to the world economy is the Trump Administration's chest-thumping against Iran, including threats of sanctions against any nation (including allies) who purchase Iranian oil and the deployment over the weekend of an aircraft carrier battle group and a bunch of bombers toward the Persian Gulf;

• Setting aside the Trump-caused foreign-policy and market crises, there's the Constitutional crises that he's continuing to exacerbate today here at home, where some 400 former federal prosecutors --- both Republican and Democratic, some who served as long ago as Dwight D. Eisenhower --- issued an open letter today proclaiming that, were it not for the Dept. of Justice's Office of Legal Counsel policy against indicting a sitting President, Trump would have been charged on multiple felony counts of obstruction of justice, based on the information detailed in the redacted version of Special Counsel Robert Mueller's report;

• In related news, the House Judiciary Committee announced plans on Monday for a vote on Contempt against Trump Attorney General and "fixer" William Barr after the nation's top law enforcement officer's repeated failure to hand over to Congress the full Mueller Report and its underlying evidence, as per a Congressional subpoena;

• Similarly, Trump's Treasury Secretary Steven Mnuchin announced that the Treasury Department will also rebuff a Congressional request from the Ways and Means Committee to produce six years of Donald Trump's tax returns, as per long-standing federal statute. Both incidents --- both unprecedented --- will almost certainly now be forced into federal court for adjudication;

• Meanwhile, in New York, Michael Cohen, the former personal lawyer and fixer for Trump who predates Trump co-opting of the nation's Attorney General for that purpose, offered a public statement to media before heading off to federal prison for three years on Monday. Cohen will be serving time for, among other things, lying to Congress and carrying out hush-money payments to two women with whom Trump had affairs, a criminal conspiracy "directed" by Trump, according to prosecutors, in violation of federal campaign finance laws. In his statement, Cohen said: "I hope when I rejoin my family and friends that the country will be in a place without xenophobia, injustice and lies at the helm of our country." In other words, he hopes that voters will remove Trump from office next year, highlighting the fact that as a federal inmate in New York he will not be allowed to vote in that election. But if the man who federal officials say "directed" the conspiracy --- who would also have been charged on multiple obstruction counts had he not been the President (thanks, in no small part, arguably, to those unlawful hush-money payments made just before the 2016 election) --- gets to not only vote, but run for re-election next year, shouldn't Cohen have a vote as well?;

That brings us to our guest today, attorney and longtime BRAD BLOG contributor ERNEST A. CANNING, who penned an insightful op-ed today arguing that the notion of "inmate vote is not a radical idea". On Friday, Republican state lawmakers in Florida enacted a measure that would undermine Sunshine State voters who approved a Constitutional measure in November, with a nearly 65% majority, that would restore voting rights to most former felons in the closely divided swing-state, one of just three in the nation --- along with Iowa and Kentucky --- to ban former felons from voting for life, even after serving their time.

But the idea of inmates voting, while still in prison, has been a matter of discussion and growing debate following the ACLU's recently-launched "RIghts for All" campaign, in which they seek to get 2020 candidates on record regarding, among other things, the right to vote by those still in prison. Currently, 48 states, other than Vermont and Maine, ban the practice. But, as Canning explains, "21 other democracies, including Canada, Sweden and Israel, allow all prisoners to vote." So, why should inmates lose their right to vote in the nation that incarcerates more of its own citizens than any other?

Canning, a Vietnam vet who also worked as a Senior adviser to VetsForBernie.org, explains the injustice and hypocrisy of barring inmates from voting, citing its lack of deterrent effect and noting that luminaries such as Dr. Martin Luther King, Jr. penned his famous "Letter from a Birmingham Jail" and that Nelson Mandela, who spent 27 years in prison, would go on to become the formerly-apartheid South Africa's first black President and recipient of the Nobel Peace Prize.

In his article and on today's program, Canning also offers a compelling response to critics, like the President and many in his party (and in the Democratic Party, as well) who, as Trump's spokesperson recently charged, find the notion of inmate voting "deeply offensive", because it would allow the likes of the Boston Marathon Bomber and the perpetrator of the Charleston Church Massacre (both of whom have been sentenced to death), to cast a vote before being killed.

It's a long-overdue --- and interesting --- conversation that Americans of all political stripes, but certainly progressives, should have in "the land of the free", where First Amendment rights are still allowed for prisoners. So why isn't the right to vote?...

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On today's BradCast: It's not enough that Trump has fired just about everyone in his failed Administration (or they quit), and has failed to fill the vacancies left behind, and that he has personally violated an unprecedented number of laws both before and after taking office, or that he's purging most of his top officials who work on immigration. No, it's even more distributing than that. [Audio file for today's show is posted below.]

Last week, the President of the United States said, with cameras rolling, that we "have to get rid of judges" just days before, reportedly, instructing Customs and Border Patrol agents to ignore the rule of law and simply block immigrants from exercising their right to claim asylum at the southern border once on U.S. territory. That, of course, would be a violation of both U.S. law and international treaties.

According to CNN's Jake Tapper, Trump instructed agents at the border in Calexico, California on Friday to tell immigrants the U.S. is "full" and "at capacity" and "if judges give you trouble, say, 'Sorry, judge, I can't do it. We don't have the room.'" If true, that would be an unlawful instruction from the President of the United States ordering a law enforcement officer to violate law and then to do so again once a federal judge has ordered otherwise. Real Presidents (at least Democratic ones) would be --- or should be --- impeached for such things. But we have the Republican Donald Trump as our President.

In other related Trump immigration meltdown news today...

• More on why Dept. of Homeland Security Secretary Kirstjen Nielsen was pushed out by White House hardliners (after she reportedly refused to violate the law as Trump was demanding and also pushed back against Trump's order to close ports of entry at the border entirely);

• Poor, disgraced, former KS Sec. of State, failed gubernatorial candidate and GOP "voter fraud" fraudster Kris Kobach --- recently floated to take over some immigration duties for the Trump Administration --- may be blocked from a Senate-confirmed post because, as Kansas' GOP U.S. Senator Pat Roberts told reporters today, Kobach is so toxic that apparently even the GOP-majority Senate "can't confirm him". Luckily, Republicans who used to pretend to hate Presidential "czars" have a very short memory, so there may be another way into the Administration for Kobach, the currently jobless Kansas conman;

• As to judges, another one in federal court on Monday night temporarily blocked yet another key Trump immigration policy, at least for now. The federal courts are unlikely to like Trump's new one any better, I suspect.

Also today --- actually, right at the top of the show --- some listener mail in follow-up to my conversation on yesterday's program with the ACLU's Phil Aroneanu regarding the group's newly-launched Rights For All campaign which seeks to get 2020 candidates on record regarding several "thorny" issues regarding civil liberties and Constitutional rights. A number of listeners had some thoughts on my questions for Aroneanu regarding the potential political dangers of backing Democratic candidates into politically difficult policy positions as they attempt to unseat arguably the worst President --- from a civil liberties and Constitutional rights perspective --- our nation has ever had. We share and discuss a few of those listener emails today.

And, finally, Desi Doyen joins us for our latest Green News Report, as the Midwest buckles up for another potential "bomb cyclone" and still more catastrophic flooding to follow it; Global warming has pushed the Arctic into an "unprecedented" new state; and the GOP, after ridiculing the Democrats' Green New Deal have introduced their own response to it called the 'Green Real Deal'. You may be surprised who the lead Congressional sponsor is, though less surprised as to what the plan actually calls for...

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On today's BradCast: Two tracks, plus callers, as the Right ascends at the White House and the ACLU's fight to restore civil and Constitutional rights finds its way into the 2020 President campaign. [Audio link to show is posted below.]

The hardliners are rising at the White House today, as Trump continues to purge top officials from several different key agencies, including the sprawling Dept. of Homeland Security (Sec. Kirstjen Nielsen was forced to resign on Sunday); Immigration and Customs Enforcement (Ron Vitiello, Trump's nominee to head the agency was suddenly withdrawn last week after already clearing a key Senate hurdle); U.S. Citizenship and Immigration Services (both its Director and General Counsel were purged today); the Secret Service (its Director Randolph "Tex" Alles is now said to be leaving); and the bloodbath is continuing at other agencies as well. All of that as the number of families seeking asylum at the southern border continues to increase despite --- or, perhaps, because of --- a number of failed Trump Administration policies.

Moreover, on Monday, the foreign policy hardliners at the White House are ascendant at well, as the Administration is announcing its designation of Iran's Islamic Revolutionary Guard Corps as a foreign terrorist organization. It's the first time the U.S. has designated a foreign government entity in such a way, and the move is reportedly opposed by top Pentagon and CIA officials who fear blow-back to American troops and intelligence operatives abroad. Indeed, Iran has already responded by calling for U.S. Central Command, which oversees operations in the Middle East, to be designated as a terrorist organization in response.

Amidst this latest disturbing lurch to the hard-right by the Trump Administration, some of us continue to look forward to 2020 when voters can, hopefully, do something about it. To that end, for the first time in its storied history, the American Civil Liberties Union (ACLU) is jumping into electoral politics in a major way this year, recently announcing they are spending $30 million to help get 2020 candidates on the record when it comes to a number of important issues for civil libertarians, including some that are quite thorny politically.

For example, the group's new national RightsForAll.us campaign seeks to force candidate to answer as to whether or not they support decreasing the bloated U.S. prison population by 50 percent (and, if so, how); allowing the incarcerated to vote (currently, only Maine and Vermont do so); and whether they would supporting overturning the Hyde Amendment (which bars the use of federal funds for abortion, other than in cases of rape, incest or protection of the life of the mother).

We're joined today by the ACLU's Digital Organizing Strategy Director PHIL ARONEANU to discuss the initiative, including whether some of the "thorniest" questions for candidates (as available at the campaign's website) on Voting Rights, Criminal Justice Reform, Immigrants' Rights and Reproductive Freedom might, in fact, become a liability for those candidates if they answer them one way or another. That, in an age when one of the greatest threats to civil liberties and Constitutional rights clearly continues to be the man in the White House, who Democratic candidates will have to defeat to see any possibility of the restoration of such rights.

So, how does the ACLU, a non-partisan organization, respond to some of those questions and concerns? Tune in for my conversation with Aroneanu today to find out.

Then, we open up the phone lines today for listener thoughts on all of the above. You'll not be shocked to learn, they have many...

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On today's BradCast, the fight to vote, particularly in Florida, never seems to end --- even after a huge bi-partisan majority of voters in the state voted to change their Constitution last November to re-enfranchise more than a million of their fellow citizens. [Audio link to show is posted below.]

Following decades of post-Civil War Reconstruction/Jim Crow-era lifetime prohibitions on former felons voting in the Sunshine State, voters last fall overwhelmingly adopted Amendment 4 to their state Constitution. The statewide ballot referendum, adopted with nearly 65 percent of the vote, restores full voting rights to former felons who have completed their sentence, including probation and parole. The only exception to the long-overdue landmark measure is for those convicted of murder or felony sexual offenses.

Moreover, the measure --- placed on the ballot after 800,000 signatures were collected across the state by the non-partisan Florida Rights Restoration Coalition, as part of a years-long effort --- was to be self-executing. In other words, as of January 1, 2019, the amendment went into effect, without any supporting legislation necessary. That means as many as 1.5 million former felons, at long last, have begun registering to vote to take part in their own representative democracy, finally ending the state's shameful, decades-long prohibition. This week, however, after introducing a bill on Friday, Republicans in the state legislature have begun speeding a new measure through the GOP-controlled state House of Representatives to add new restrictions on the Constitutional Amendment, limiting which former felons it would apply to and, as critics charge, adding what amounts to an unconstitutional "poll tax" that many former felons would have to pay before being allowed back on the rolls.

The ACLU of Florida derides the new legislation, which was approved in a House sub-committee along party lines on Tuesday, as "an affront to Florida voters", raising "serious constitutional concerns" which "thwart the will of the people and extend far beyond what any reasonable person would conclude the voters intended when they passed Amendment 4".

We're joined today by DR. MICAH W. KUBIC, Executive Director of ACLU Florida, to explain how state Republicans are attempting "to create new barriers and burdens" to the "crystal clear" language of the referendum, which, he notes, the Supreme Court of the State of Florida already approved before it was placed onto the ballot last year. Lawmakers "are changing the process completely, and changing it in a way that had never been used in the state of Florida before," Kubic tells me. "They're rewriting the amendment, they're rewriting the process that has been used throughout Florida, and they're creating a special set of conditions that only apply to ex-offenders that don't apply to anyone else."

"What is important here is to remember the experiences of the 1.4 million people who have been disenfranchised for decades, for generations, in Florida. Who have been told that they are not part of our community, essentially. Because remember, that's what the right to vote is really about --- going in to the ballot box and voting for a Democrat or a Republican or a Libertarian or anyone," Kubic argues. "The right to vote is really a marker of citizenship. It's a marker of who counts and who doesn't, who matters, who doesn't, who is part of the community and who is not."

We discuss with Kubic the way GOP lawmakers are attempting to expand the definition of "sexual offenses", and adding new requirements --- above and beyond fines imposed by judges during sentencing --- that many ex-offenders will simply be unable to pay. Given the national importance of Florida in next year's crucial Presidential election, it may come as little surprise, sadly, that GOP lawmakers are now hoping to undermine even their own voters' approval of last year's landmark ballot measure.

Also on today's program, speaking of next year's elections, a bit of 2020 Democratic primary news. Beto O'Rourke rails against discriminatory Photo ID voting restrictions and other types of voter suppression during a New Hampshire campaign swing. And we discuss the veracity of possible 2020 Presidential candidate and Georgia's former Democratic gubernatorial nominee Stacey Abrams' recently reported assertion that she "did win" her election last November after all, against former vote-suppressing Sec. of State turned Governor Brian Kemp, but "just didn't get to have the job."

Given the widespread voter suppression under Kemp's supervision last year, some 125,000 votes said to be missing entirely (and in disproportionately black neighborhoods) from the Lieutenant Governor's race, and that the state still forces voters to use easily-manipulated, oft-failed 100% unverifiable touchscreen voting systems at the polling place, Abrams' assertion is far more supportable than some elections experts seem to fully appreciate.

Of course, the ongoing controversy --- and Kemp's questionable legitimacy as the state's new Governor --- underscores our many years of warnings about the use of voting systems that do not allow candidates or the public to ever know who actually won or lost any given election. It's also another teachable moment regarding the alarming fact that even more jurisdictions around the nation --- from California to Texas to Georgia to Pennsylvania, Ohio, New Jersey, Kansas, Delaware and beyond --- are now, astonishingly enough, moving to adopt similarly unverifiable computer touchscreen voting systems in advance of the 2020 election!

Finally, we end with what appears to be a bit of very good news, as a federal judge issued a ruling Tuesday night that blocks for now, oil and gas drilling on almost 500 square miles of public lands in Wyoming, after finding the U.S. government unlawfully failed to consider the cumulative effect of climate change causing greenhouse gas emissions in their environmental impact studies when approving oil, gas and coal projects on federal lands. One of the plaintiffs in the case hailed the judge's finding, which may affect other fossil fuel leases on federal lands far beyond Wyoming, as "the Holy Grail ruling we've been after"...

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On today's BradCast, I'm in for Brad and Des, dropping by from my own show, In Deep with Angie Coiro.

Today's Rose Garden press conference was drenched in irony: a faltering, incoherent, angry man declaring a "national emergency", even as he demonstrated that he's the crisis. Donald Trump yelled at reporters to sit down, fell into sing-song whimsy, showed off his version of a Chinese accent, repeated phrases when he lost his train of thought, wielding terrifyingly grown-up powers with the gravitas of a toddler in a man's suit.

Fortunately, enough roadblocks will be thrown down --- by Reps AOC and Castro, by Nancy Pelosi and Chuck Schumer, by the ACLU, and presumably by property owners along the proposed wall sites --- that he should be kept busy and irritated for some time. The taxpayer money wasted will be appalling.

Republican former Massachusetts Governor Bill Weld appears willing to throw himself atop the bomb: he says he may primary Donald Trump. He minced no words -– I mean, he was stunningly straightforward -– in criticizing his fellow GOPers, who he said exhibit all the signs of Stockholm Syndrome(!). Someone needs to step up, he says. He even hints that he's willing to act as a spoiler to damage Trump in the general.

Plus the latest on Facebook, Amazon, and what tech campuses have to offer their neighbors.

Finally, my guest JOEL SIMON of the Committee to Protect Journalists. His new book, We Want To Negotiate, makes a compelling case that both the US and Britain need to re-examine their "we don't negotiate with terrorists" policies. His research puts the lie to a lot of assumptions, for example, that to pay ransoms will encourage more kidnappings. It makes sense on the face of it, but --- wrong.

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On today's BradCast, I’m in for Brad and Desi today – Angie Coiro, of In Deep with Angie Coiro.

My guests are AMBER McKINNEY, from Law360, discussing the DACA ruling from the 9th circuit and Trump’s latest royal edicts on immigration; and D.D. GUTTENPLAN, editor-at-large at The Nation, and author of the new book The Next Republic: The Rise of a New Radical Majority.

Of course, we have to start off with a lovely story: the Wall Street Journal reports that Donald Trump's been caught red-handed, connected directly to the hush money sent to former mistresses.

Then it's onto the two ongoing big stories: horrific fires in Northern and Southern California, and the elections grinding on in Florida, Arizona, and Georgia. Both the NAACP and a passel of retired generals have weighed in against GOP interference.

A review of the numerous headlines on Trump's efforts to alter immigration policy by presidential proclamation, and his loss in the 9th Circuit court on his efforts to undercut DACA.

A sprinkling of good news (Ruth Bader Ginsberg already back and work! Thousands in the street protecting Mueller!), then D.D. Guttenplan with his new book on revolutionaries rejuvenating our republic.

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It was a dark day on Wednesday, but there were a few rays of light that managed to shine through anyway on today's BradCast. [Audio link to show follows below.]

We'll start here with the grim news. Pipe bombs were discovered to have been sent to perceived political enemies targeted by Donald Trump, including former President Obama, Hillary Clinton, former CIA Director John Brennan, former Attorney General Eric Holder, Congresswoman Maxine Waters and CNN. The explosive devices each appear to have been sent by the same person and follow on a similar one sent to Democratic Party funder George Soros earlier this week. All the intended targets have been widely derided for months, if not years, by Trump, Fox "News" and their many Republican followers.

Thankfully, nobody was hurt. But, as discussed today, the biggest surprise may be how long it has taken for something like this to happen, given the President of the United States --- and his fellow Republicans --- targeting their opponents and the corporate media as the "enemy of the people" with increasingly vitriolic attacks as the midterms approach.

Next up: Tens of thousands of voter registrations were recently rejected by Shelby County (Memphis), Tennessee election officials, with thousands more not yet even processed, even as Early Voting began in the state last week, and the November 6th midterms are now less than two weeks away. Moreover, many of those rejected voters haven't been notified and given a chance to cure the problem, in the very Democratic-leaning, majority-minority county.

The non-partisan Tennessee Black Voter Project, which submitted some 36,000 registration applications in recent months, has threatened the County with legal action. In turn, the County's Republican-led Board of Elections has blamed the Project for turning in a "staggering" number of registrations, many allegedly with what they claim to be errors or missing information. (The group is required to turn in ALL registration forms collected, whether or not they contain either major or minor errors when filled in by prospective voters.)

We're joined today by Shelby County Democratic Party Chair COREY STRONG to explain the hurdles that voting rights advocates there are now actively attempting to overcome, and the history of voter suppression that, he explains, African-American voters in Memphis continue to face this year.

He charges that local officials are disenfranchising minority voters. "We have a history of our Election Commission in Shelby County not necessarily taking it upon themselves to really uphold the values of fair and just elections," he tells me. "If all of the issues end up affecting one side --- the Democratic, urban, poor, minority voters --- then you have to start asking questions, and somebody's got to be held accountable."

The battle on behalf of Shelby County voters comes amidst a reportedly very tight U.S. Senate race between popular Democratic former Governor Phil Bredesen and Republican Rep. Marsha Blackburn, in the contest to fill the U.S. Senate of retiring GOP Sen. Bob Corker. The strongly "blue" county (which went to Clinton by 30 points in 2016 in a state that went to Trump by 25 points) is "very pivotal to statewide elections," Strong explains. In this case, it's central to the state's Senate race as well as Democratic hopes of gaining control of the upper chamber and Republican efforts to hold on to their thin majority.

Strong also discusses concerns about problems during Early Voting, the failure and dangers of electronic pollbooks used across state, and the 100% unverifiable touchscreen voting systems that voters in Memphis are still forced to use to cast their votes at the polling place

But, as noted, we do have a few rays of encouraging news on today's show as well!

On Wednesday, a federal judge ordered an injunction on Georgia's rejection of absentee ballots from disproportionately African-American voters. The rejections are said to be based on ballot signatures that allegedly do not match ones voters' signatures on file. The court found [PDF] voters were being disenfranchised by the scheme that allowed partisan, non-handwriting expert election officials to discard ballots without allowing voters an opportunity to cure any suspected problems on their mail-in ballot envelopes. According to several voting rights groups who sued Republican Sec. of State and gubernatorial candidate Brian Kemp, today's ruling is a big victory amid Kemp's tight race for Governor against African-American Democrat Stacey Abrams.

And, in a bit more good news today, the New York Attorney General, following a three-year investigation, has filed suit against ExxonMobil for an alleged "longstanding fraudulent scheme" to defraud shareholders by publicly downplaying --- and spending millions to deny and confuse the public about --- the serious risks that climate change poses to the company's bottom line. The suit could cost the company hundreds of millions, if not more, and expose Exxon to additional litigation elsewhere. According to the complaint, while publicly claiming concern about global warming as caused by their products in recent years, the company “employed internal practices that were inconsistent with its representations, were undisclosed to investors, and exposed the company to greater risk from climate change regulation than investors were led to believe"...

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