Today's BradCast, I suspect, largely speaks for itself. [Audio link to full show is below.]

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

• Steve Bannon, Donald Trump's third 2016 campaign chief and former CEO of the rightwing propaganda outlet Brietbart, becomes the third to be arrested and charged with crimes. He now faces federal felony fraud charges for stealing $1 million from a supposedly non-profit donor-driven wingnut effort that raised $25 million to build fencing on the U.S. southern border. We're happy to see yet another Trump-enabled con-man and grifter held accountable, but it comes with a warning about what this likely means for other federal indictments that could drop in the coming days ahead of the November 3rd election;

• After receiving a very generous mulligan from the Republicans' stolen U.S. Supreme Court last month --- allowing his attorneys another bite at the apple in making their ridiculous case that the President of the United States is above the law in every way --- Trump's lawyers lose yet again, as a lower federal court judge rules for a second time that Trump's accounting firm, Mazars USA, must turn over his tax returns and other financial documents to the Manhattan District Attorney investigating the President on state fraud charges;

• Our quick review of the masterfully crafted and performed Day 3 of the DNC's virtual Democratic National Convention, including the historic nomination and perfectly delivered acceptance speech by official Vice Presidential candidate Kamala Harris, and...;

• An extended excerpt of former President Barack Obama's speech for the ages, unlike any he's ever delivered, with a stern and clarion call to all Americans to rise up now by casting our votes to save democracy and the republic itself...

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Michelle Obama says that quarantine, racial strife and the "day in and day out" "hypocrisy" of the Trump Administration has left her wrestling with "low-grade depression". We know the feeling and suspect you do as well. But, as we noted almost four years ago here on the BradCast, we're all going through this nightmare together. We said we'd be here with you throughout, and we still are. And we will come through this together. [Audio link to show is posted below the following summary.]

All of our stories today are today's top story. And we couldn't even get to all of them. But we tried. Among those stories...

• Ohio's Republican Governor Mike DeWine tested positive today for the coronavirus just minutes before he was to meet with the President. Lucky for him --- and the President --- that everyone who meets with Donald Trump must be tested first. If we were all only as lucky as the President; Trump was in Ohio today to sing the praises of the "economic prosperity" his Administration has brought to the nation (and attend a fund raiser for his reelection). [UPDATE POST-SHOW, 7:49p PT: A more sensitive test finds DeWine negative for COVID-19 after all!]

• That "economic prosperity", according to the Labor Department today, includes another 1.2 million Americans who newly filed for unemployment last week. It was the 20th straight week with more than one million new jobless claims. Before the pandemic, the all time highest number of weekly jobless claims was 695,000. More than 31 million Americans are now out of work as they enjoy Trump's "economic prosperity" as the GDP fell a record annualized rate of nearly 33% in the second quarter. It took three years of the Great Depression before we even got close to an annualized negative 30%. During the Great Recession, we only ever topped out at about negative 8%. Other than that, how about all that "economic prosperity" thanks to Donald Trump?!;

• As bad as things are, they are likely to get much MUCH worse, unless Republicans in Congress and at the White House get their act together and quickly. The $600/week expanded unemployment payments from an earlier COVID emergency relief bill for those 30 million or so unemployed Americans has now expired. The moratorium on evictions has also ended. But Republicans and the White House are still unable to put together a new relief package that can pass Congress. Democrats in the House already adopted a $3 trillion package to extend unemployment, the eviction moratorium, and give hundreds of billions to cash-strapped states, cities and hospitals, not to mention the U.S. Postal Service months ago. Tens of thousands of deaths later, however, we're still waiting on the GOP and the Administration to take action. How many will be homeless, starving or dead before they do?;

• In some brighter news --- at least for those who weren't suckers enough to donate money to the con-artists at the terrorist-supporting National Rifle Association --- New York state's Attorney General Letitia James sued the NRA on Thursday, charging massive financial fraud by its leaders and seeking to dissolve the once-powerful, now wholly corrupt 150-year old organization. James' civil suit details a gobsmacking amount of corruption and unlawful self-dealing by the NRA's leader Wayne LaPierre (pictured above) and four other top officials. It alleges the "non-profit's" executives diverted tens of millions of dollars to themselves for lavish personal vacations and other personal expenses, no-show contracts for associates --- including family members and girlfriends --- and even secret contracts created for themselves. LaPierre is alleged to have hidden millions of dollars in personal income from the IRS in the bargain. James is seeking to shutdown the organization's charter as a non-profit organization established in New York, and to bar the executives for life from holding any major role in any charitable organization. Donald Trump said today that he thinks the matter is "a very terrible thing"...for the NRA, an ally of his, as opposed to the millions of Americans who have been ripped off by rightwing political group of grifters;

• But James' announcement today may just be a preview of wait awaits Trump himself (along with his associates and family members) down the road. While James already shut down Trump's own so-called "charitable" organization for similar fraud and self dealing, and the President was forced to cough up $25 million dollars just after his 2016 election to settle fraud complaints against his "Trump University" scam, the worst may still be ahead him. The New York Times revealed on Wednesday night that Manhattan District Attorney Cyrus Vance, Jr. successfully subpoenaed Deutsche Bank last year --- one of the only banks willing to loan him money --- for years of financial documents from the Trump Organization. Trump had sued both Deutsche Bank and his accounting firm Mazars USA to prevent them from turning over financial records in response to subpoenas from Congress, and sued Mazars to prevent them from giving similar tax-related statements to Vance --- successfully stalling the prosecutor, who now has clearance from SCOTUS to pursue that subpoena. But Trump apparently failed to prevent Deutsche Bank, which loaned him some $2 billion over the years, from responding to the subpoena from Vance. The documents now reportedly in the DA's possession are believed to reveal that Trump vastly and fraudulently over-inflated his personal assets (we know, doesn't sound like him at all, right?) Last week, Vance argued before a federal court that Trump's tax records were needed from Mazars as part of his investigation into public reports of "extensive and protracted criminal conduct at the Trump Organization." Given that we have now learned Vance already has many of Trump's financial documents from the German bank, it sounds like the District Attorney knows exactly what he expects to find in the rest of the documents he is seeking;

• Finally today, after some quick and disturbing news from NOAA about this year's already-record Atlantic Hurricane season on what we are now likely to see over the next four months as it continues, Desi Doyen joins us for the latest Green News Report. It, too, is chock full of quick and disturbing news....but also some very encouraging news here and there and wherever else we can find it...

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On today's BradCast: Elections are under threat once again this year, and not just from the President of the United States. But one group of cybersecurity experts launched a new initiative on Friday to try and help --- and not a moment too soon. [Audio link to full show is posted below.]

First up, what suffices for some good news today: The Manhattan District Attorney seeking 8 years of Donald Trump's tax records and those from the Trump Organization suggested in a court filing today that his investigation requires those documents since he is examining "extensive and protracted criminal conduct at the Trump Organization...dating back over a decade." Until today, the office of Manhattan District Attorney District Attorney Cyrus R. Vance, Jr. had indicated only that he was probing the hush-money payments made to porn star Stormy Daniels and Playboy model Karen McDougal before the 2016 election. Those payments were meant to keep them quiet about affairs with Donald Trump.

Trump's former attorney Michael Cohen is serving a three year sentence for his part in that criminal campaign finance conspiracy which both he and federal prosecutors say was "directed" by Trump himself. But today's court filing makes clear that Vance's probe goes far beyond that. Last month, the U.S. Supreme Court said that subpoenas of Trump's financial services institution by the Grand Jury impaneled by Vance were permissible, though they sent the case back to a lower court for one more review, delaying any potential state prosecution of Trump or his associates likely until after the election. Now we have some confirmation that Vance's state investigation (which is immune to Presidential pardon power) appears much broader than previously publicly known.

In other accountability news, a 17-year old from Tampa, Florida was arrested on Friday, accused of being the mastermind behind a scheme last month that commandeered the Twitter accounts of Barack Obama, Joe Biden, Bill Gates, Elon Musk and other high-profile politicians, CEOs and pop stars. The conspiracy --- two others were also arrested, including a 19-year old from the UK and a 22-year old from Orlando --- was an attempt to scam more than $100,000 in Bitcoin out of gullible people who followed the Twitter accounts of those celebrities, which were taken over by the alleged perpetrators.

As we've observed before, if multi-billion dollar social media companies such as Twitter, which spends huge sums of money on cybersecurity, can't keep their systems safe from hacks like this, what chance does Mr. and Mrs. Local County Election Clerk have in protecting their computer voter registration databases, electronic pollbooks, computerized voting systems and computer tabulators this November? That effort is made all the more impossible this year thanks to the expansion of Vote-by-Mail in response to the COVID-19 pandemic, and the refusal of Republicans in Congress to appropriate the $4 billion that election officials across the country have been seeking for months in hopes of expanding election systems and protecting it from cyber-intrusion and other related failures this year. The federal government --- via the U.S. Dept. of Homeland Security (DHS) and the Elections Assistance Commission (EAC) --- offers extremely limited support for the nation's 13,000 independent voting jurisdictions.

But with just over 90 days until Election Day now, a new initiative is being launched out of the University of Chicago Harris Cyber Policy Initiative called the Election Cyber Surge. The initiative, according to its Executive Director MAYA WORMAN, who joins us on the show today, is to bring volunteer cybersecurity and voting systems experts together with local elections officials to help them with whatever cyber-related problems or concerns they may be facing before the election. The hope, she explains, is to help prevent cyberintrusions and ransomware attacks and the like before they happen.

"The need is clear," she tells me. "I think it's increasingly more obvious to those who aren't following this closely, who aren't following this beat. That, in itself, is a strong indicator that we are needed. ... It's not just voter rolls. It's not just the output of the machines, but all of the things in between, including maps of where all of your polling place might be, the hours that they're open, what the deadlines are to register, the information you need once you get there --- all of this stuff can be tweaked just slightly. That could affect the major portion of the voters in any given jurisdiction."

Given the enormous complexity of today's voting and counting systems --- not to mention often-interconnected voter registration systems and electronic pollbooks --- the free help offered by Cyber Surge is likely to be invaluable to thousands of local jurisdictions who may have limited, if any, IT support and a lack of access to cybsersecurity experts. Though we are now just three months out from this year's critical Presidential election (mail-in ballots will go out and early voting will begin in as few as 45 days in some places), Worman says she is confident that the new initiative --- born out of DefCon's "Voting Village", a hacking conference where white-hat hackers have been successfully trying their luck on various voting systems since 2017 --- will prove helpful to myriad election officials who, too often, rely only on private voting systems vendors for support.

"More than 50% of all election officials rely on at least 6 different vendors," Worman observes. "I think there's obviously an expectation that the people with whom they are doing business will not lead them astray, and maybe they won't. But when you have so many different, overlapping tools and systems and a network, and it's all being fed by an antiquated database that is protected who knows how, that is where vulnerabilities from having multiple vendors comes in."

Worman, and (hopefully) cavalry of experts aim to help. And quickly. The effort will be more necessary than ever this year given the necessary changes being made to voting during the pandemic and, thanks to Republican intransigence in Congress, a lack of financial resources to pay for it. "The days of making sure that the room where the ballots are kept is locked --- we're far beyond that now. So a reality check that is gentle, but based in reality, is critical," she warns, adding: "Without sounding too trite, I think staying positive is key here. I think it is very clear that there are more people who want our elections to work than who don't want them to work. And that's important to remember."

Finally, on a somewhat lighter note today, we open up the phone lines to listeners for their thoughts on a) who they would like to see presumptive Democratic Presidential nominee Joe Biden choose as his Vice-Presidential candidate and b) who those same listeners fear he will actually name. Some of the responses from callers may surprise you!...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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On today's BradCast: They were the last major decisions of the term for the Republicans' stolen U.S. Supreme Court. And at least all of the Justices seemed to mostly agree that Presidents are not above the law, even if this one was allowed to buy some time before facing accountability. [Audio link to show is posted below.]

Lucky for Donald J. Trump, that extra time granted by two remands to lower courts by SCOTUS today will almost certainly prevent the public from seeing his tax returns and other likely fraudulent financial documents from the years before his Presidency, before he must stand for re-election on November 3rd. Despite those considerable gifts from SCOTUS today, Donald Trump went off on an incomprehensible Twitter tantrum in response. For some, I guess, too much is never enough.

"Not even the President, is categorically above the common duty to produce evidence when called upon in a criminal proceeding," Chief Justice John Roberts wrote for the majority in one of Thursday's long-awaited 7 to 2 opinions [PDF]. Citing 200-year old remarks by Chief Justice John Marshall, Roberts observed: "We reaffirm that principle and hold that the President is neither absolutely immune from state criminal subpoenas seeking his private papers nor entitled to a heightened standard of need." Even accused sexual assaulter Justice Brett Kavanaugh agreed in a concurring opinion that "no one is above the law."

While no one may be above the law, Trump received two extraordinary gifts from the court today. One opinion, Trump v. Vance [PDF] effectively postpones the disclosure of his dubious financial documents to the Manhattan District Attorney for a criminal grand jury investigation until, mostly likely, after the November election. The other, Trump v. Mazars [PDF] prevents several Congressional Committees from seeing similar documents that they subpoenaed from Trump's accounting firm, also until after the election --- and maybe never if the clock runs out on the end of the Congressional session in December. It will likely take at least that long to work through the courts with SCOTUS' newly-raised bar for such subpoenas of the Executive Branch by Congress.

We're joined once again today, at the last minute, by Slate's great court reporter MARK JOSEPH STERN to offer his ever-helpful clarity and context to today's complicated opinions, which one attorney today described thusly: "The ruling is 'No president is above the law', but they post-dated it to the Biden administration".

"I think he just doesn't really understand how the Court gave him a gift," Stern explains, in response to my questions about Trump's whining, incoherent Twitter response to today's ruling. "These decisions are wrapped up in a lot of language that pointedly reduces the President's immunity and executive privilege from oversight and investigations. And announces or reaffirms some crucial principles, like, of course a state can subpoena a President's records for a grand jury proceeding and, yes, Congress can also subpoena the President and his confederates and businesses if it seeks to get that information to pass legislation."

"But the Court said 'We are going to draw a line because we're not so sure that here, either the New York grand jury or the House of Representatives checked all the boxes that we think they needed to in order to get this information.' So, there's going to be a run-down-the-clock thing now, where Trump tries to keep fighting this in the lower courts --- at least through the November election --- and that means we may never actually get to see these records that the Supreme Court said, theoretically, we could have a right to see."

Stern observes: "It was almost like it was a carefully brokered compromise to reach this exact result and then work backwards for the reasoning." Nonetheless, Stern notes, even if his financial firms are allowed to escape subpoenas by Congress, "the writing is on the wall" for the subpoenas filed by Manhattan District Attorney Cyrus Vance. "I think the lower court is going to very quickly say, 'Yep, these records can go to the grand jury.' And that's going to be that. It could happen in a matter of weeks."

We will see. Or not.

Next, a few more accountability odds and ends today. Trump received another gift this week in the form of a second --- and still-unexplained --- extension of the deadline for the release of his annual financial disclosure statement. Speaking of, the New York Times' Thomas Friedman thinks that Joe Biden should refuse to debate Trump (who now needs the debates more than Biden does) unless Trump releases his tax returns from his years as President, since he promised to do so in 2016, and Biden has already done so. Friedman has one other condition as well that he suggest Biden place on the debates before agreeing to participate this year.

On the COVID-19 front today, the CDC is now claiming they are not planning to rewrite guidance for the reopening of schools after Vice President Mike Pence indicated yesterday they would be doing so following Trump's complaint that their original recommendation for opening schools safely was "very tough and expensive". And, whaddaya know? There's a surge of COVID cases in Tulsa following Trump's unmasked super-spreader campaign rally there in late June, according to the city's top health official.

Finally, we're joined by Desi Doyen for our latest Green News Report with record-breaking Siberian wildfires; a record-breaking Atlantic hurricane season (which only just kicked off!); the new natural gas bomb trains the Trump Administration has just approved to move through your hometown; and some good truckin' news for breathers in California!...

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In Trump v. Vance, the President of the United States sued to block Manhattan District Attorney Cyrus Vance's subpoena of Donald Trump's accounting firm Mazar's USA. The subpoena seeks financial records that may expose criminal violations of NY law. Those potential violations include, but are not limited to, the sworn allegations presented by Trump's former attorney, Michael Cohen, that the President falsified loan applications and other financial documents.

The fact that the Supreme Court, as observed by Justice Brett Kavanaugh in his concurring opinion in Vance, "unanimously" agreed that "a President does not possess absolute immunity from a state criminal subpoena" is great news for those who are concerned about the threat the Trump administration poses to the survival of the rule of law. However, the Court's decision to remand the case to the District Court where President Donald J. Trump "may," per the majority opinion, "raise further arguments as appropriate" makes it unlikely that a New York grand jury will acquire the potentially incriminating records that might otherwise justify the issuance of a criminal indictment prior to the November 3. 2020 election.

Given the majority's conclusion, in Vance --- that the President's right to object to compliance with a criminal subpoena is no greater than the rights enjoyed by all private citizens --- it's unlikely Trump will prevail at the District Court level. However, the remand will allow Trump's legal counsel to seek further delays via stay requests associated with future appeals.

In a companion case, Trump v. Mazars USA, LLP --- in which Trump sued to block several Congressional Committees from obtain Trump's tax and other financial documents as part of their legislative oversight --- the Court vacated a District Court order compelling Trump to turn over financial records to Congress. Although the Court, in this case, left open the possibility that the District Court could again order the same financial records to be turned over to Congress after careful consideration of Separation of Powers issues. In this case as well, it is now highly unlikely that the records would be forthcoming to Congress prior to the Election.

The net result is that the Supreme Court has probably deprived the U.S. electorate of access to potentially incriminating financial records prior to the pivotal Presidential Election. That doesn't bode well for small "d" democratic accountability, which can only be accomplished when the electorate is "well informed". That's especially ironic given that even President Richard M. Nixon conceded that We the People have a right "to know whether or not their President is a crook."

UPDATE 8/4/20: Subsequent court orders, an expedited briefing schedule and legal filings suggest that a Manhattan grand jury may actually receive the withheld financial records by early September.

In a July 16 order [PDF], U.S. District Court Judge Victor Moreno adopted the parties' agreed upon expedited schedule, to wit: Trump was to file a second amended complaint by July 27. Vance could answer or move to dismiss by Aug. 3. Vance timely filed a motion to dismiss [PDF]. Trump has until Aug. 10 to file a brief in opposition to the motion to dismiss; Vance until Aug. 14 to file a reply.

On July 17, the Supreme Court issued an order granting Vance's request that the Supreme Court's July 9 decision be effective immediately --- as opposed to the usual 25 days after it was issued.

In his July 16 order, Judge Morero recited the following with respect to Vance's legal posture:

In his erudite motion to dismiss Trump's Second Amended Complaint, which was co-authored by Walter E. Dellinger, III, a Duke Law Professor who had previously served as an Assistant Attorney General and as the head of the Department of Justice Office of Legal Counsel, Vance lays out the reasons why the Second Amended Complaint must be dismissed and the records promptly produced.

Trump's newest filing, Vance asserts, merely "repeats a conspiratorial assertion [the President] has unsuccessfully pressed for nearly a year to all three levels of the federal courts." The only "new" allegation is the claim the subpoena is over-broad because it seeks financial records dating back to 2011. This "new" allegation is based upon the factually erroneous assumption that Vance's investigation is confined to the 2016 "hush money" payments that were the source of the allegations leveled by Michael Cohen, the President's former lawyer. (Cohen was convicted for his role in the "hush money" scheme.)

In actuality, Vance points out, the subpoena goes back to 2011 because the grand jury, on the basis of publicly revealed evidence, is investigating "potentially improper financial transactions by a variety of individuals and entities over a period of years."

In the motion, Vance based assertion on Cohen's Congressional testimony and cited Washington Post and Wall Street Journal articles. Turns out, the Manhattan DA has additional information in his possession, according to a The New York Times article that was published one day after Vance filed the motion to dismiss. Last year, Deutsche Bank turned over the Trump organization's financial records to Vance's office pursuant to a subpoena. Thus, it's likely Vance already has evidence in his possession to support the assertion, set forth in the motion, that the NY grand jury subpoenas of financial records held by Mazars relate to decades-long "alleged insurance and bank fraud by the Trump Organization and its officers".

Given Judge Marrero's rejections of the President's prior identical legal arguments, and the already significant delay incurred, it's likely that, following a hearing, a new order compelling compliance with the subpoena will soon issue. It's unlikely further stays will be granted. Thus, it's likely, a NY grand jury will receive the financial records by early September. If those records are incriminating, the intriguing question is to whether Vance, who is not hampered by DOJ rules against initiating an action, could promptly seek and deliver an October Surprise in the form of an unprecedented indictment of a sitting President.

Seriously, at some point American officials will need to be prosecuted for mass murder for their criminal delinquency and deceit in dealing with the coronavirus pandemic, which has, so far, in just four months, cost the lives of more than 122,000 Americans. Those prosecutions should begin (if not end) with the man currently serving as President of the United States. That is particularly true in the wake of his criminal admission at his Death Rally in Tulsa last week, when he admitted that he told his "people...slow the testing down, please!" The White House later said Donald Trump was just joking, but when asked if he was kidding, he publicly admitted otherwise. "I don't kid," he said, "let me just tell you, let me make it clear." And we now have hard evidence on today's BradCast to prove that, perhaps for the first time, he was finally telling the truth. [Audio link to full show is posted below.]

On Wednesday, confirmed new coronavirus cases in the U.S. set a single day record of more than 38,000. At the same time, hospitalizations are rapidly increasing in a number of states around the country, including states such as Florida, Texas, Arizona and Oklahoma, where denialist Republican Governors reopened for business far too quickly, in direct contradiction to almost all health experts.

As states like New York, New Jersey and Connecticut --- hit hardest and earliest at the beginning of the pandemic --- have seen case numbers and hospitalizations plummet, they've instituted quarantine restrictions on travelers from some of the currently hardest hit states. As of Wednesday, the list included Alabama, Arkansas, Arizona, Florida, North Carolina, South Carolina, Utah and Texas.

When asked what he would say to the leaders of some of those states, including Florida, whose Republican Gov. Ron DeSantis had issued a quarantine on travelers from the NY metro area early in the pandemic (while failing to mandate appropriate restrictions in his own state), New York's Democratic Governor Andrew Cuomo said today: "You played politics with this virus and you lost. You told the people of your state and you told the people of this country, White House, don't worry about it. Just open up, go about your business, this is all Democratic hyperbole. Oh, really? Now you see 27 states with the numbers going up. You see the death projections going up. You see the economy going down. It was never politics, it was always science. And they were in denial."

Well, many of them are still in denial. And not just denial, but taking purposeful, affirmative efforts to lie to their people about COVID-19 numbers in their own states. The expert who ran Florida's once-lauded COVID-19 tracking website, but was fired because, she says, she refused to manipulate the data, sent out a warning this week. She charges that officials have been "instructed this week to change the numbers and begin slowly deleting deaths and cases so it looks like Florida is improving next week in the leadup to July 4."

In West Virginia, the state's Republican Gov. Jim Justice, a billionaire coal baron, has forced out the commissioner of the state's public health bureau because he didn't like the numbers she was reporting, as cases rise in at least 11 counties. He had previously lauded her at regular COVID-19 press briefings where she spoke. She was not at his latest briefing on Wednesday and released a statement upon her forced resignation that night, urging state officials "to stay true to the science".

Meanwhile, as the head of the U.S. Centers for Disease Control and Prevention (CDC), conceded that the infection rate in the U.S. is likely 10 times higher than the number of cases currently reported (that's 23 million probably infections, instead of the official 2.3 million reported as of today), states like Texas are seeing not just increased cases, but spiking hospitalizations, which have doubled over the past week. In Houston, ICU beds were 97 percent full by Wednesday. (In Florida, Gov. Ron DeSantis has barred hospitals from reporting those numbers anymore.) Even Republican Gov. Greg Abbott is now warning of the state's "massive outbreak", while still failing to mandate masking or even allowing local officials in Houston or anywhere else to do so on their own.

And yet, with all of that, Donald Trump really has told his "people" to "slow the testing down." Talking Points Memo's Josh Kovensky has been documenting the refusal by the Dept. of Health and Human Services (HHS) and the Federal Emergency Management Agency (FEMA) to approve extensions for federally funded testing at 13 sites across five states, including Texas. Where more than 40 such sites were once funded by the federal government across the country, only 13 sites remain, and they have been told by the Trump Administration that those resources will end on June 30th, despite desperate requests from officials in Texas, Illinois and Pennsylvania for the much-needed aid to continue.

That's just a taste of today's program, which raises the very serious question: Should these people be held accountable for the thousands --- perhaps tens of thousands --- of American citizens who are likely to die, thanks to their purposeful efforts to ignore science and health officials for purely brazen political purposes?

The deadly denial about the coronavirus is a fast-motion mirror of the Republican denial, for brazen political purposes, regarding climate change. Today we close with some accountability and/or attempts at accountability on that front in our latest Green News Report, in which Minnesota's Attorney General has now filed a consumer fraud lawsuit against Exxon, Koch, and the American Petroleum Institute, citing, by way of just one example, a "proprietary" document from Exxon warning about the dangers of "CO2 concentrations in the atmosphere...due to fossil fuel combustion" that "will cause a warming of the earth's surface" and "dramatic environmental effects before the year 2050." That prescient, on-the-money document is dated October 16, 1979, before Exxon went on to spend millions of dollars over decades to misinform the public that climate change due to the burning of fossil fuels was little more than a hoax. Desi Doyen joins us for that attempted accountability and a bit more that has actually succeeded in a refreshingly encouraging GNR today. And it comes not a moment too soon...

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Given the disturbing news out of a D.C. Appeals Court today in the Michael Flynn case, we begin today's BradCast with a few words of warning about what is likely to come between now and November 3rd (and even beyond), and how we all must now collectively approach that day in order to save this Republic. This is not a test. This is the real thing. And, as our darkest hour gets darker still --- and it will --- we must stay focused on the only thing that offers hope right now, the only thing that matters: making very real changes at the White House and Congress this November.

After that serious-as-a-heart-attack public service announcement/warning, we break down just why the surprise ruling by two Republican appointees to the U.S. Court of Appeals in D.C. today --- in response to an unprecedented motion by Donald Trump's former National Security Advisor and confessed federal felon Michael Flynn --- is so damning, dangerous and unprecedented.

The three-judge panel's majority ruling [PDF], ordering Flynn's case to be dismissed --- as Trump demanded and as corrupt Attorney General Bill Barr facilitated in opposition to the career prosecutors who successfully obtained Flynn's guilty plea (twice, before two different judges) --- was written by Judge Neomi Rao, a former White House staffer who Trump recently appointed as a federal appeals court judge. The entire matter is about as corrupt as it can get, but it may not be over yet. The full D.C. Circuit Court of Appeals may decide to rehear Flynn's unprecedented motion, given "the question of exceptional importance" raised by the matter, as allowed by law. The lower U.S. District Court was not even allowed to hold a hearing on the Dept. of Justice's Motion to Dismiss their own case before Flynn filed for a writ of mandamus to force U.S. District Court Judge Emmett Sullivan to approve the DoJ's motion before it was even heard.

As Judge Robert Wilkins, the lone Democratic-appointed judge on the three-judge appellate panel wrote in his dissent, his colleagues "grievously" overstepped their judicial powers with their order. If the surprising ruling holds, it will, as BRAD BLOG legal analyst Ernie Canning wrote last week, mean that the court has become "complicit in the President's corruption of the rule of law," which is "tantamount to an abandonment of the Judiciary's constitutional function to act as a check against Executive Branch abuses of power."

At the same time as that stunning order was issued by the D.C. Court of Appeals panel, two DoJ whistleblowers were testifying about similar cases of corruption at the Department by senior political appointees working at the behest of Barr and Trump in the case of Roger Stone, another Trump crony found guilty of lying to federal officials (just as Flynn had admitted he did as well) in relation to the Robert Mueller Special Counsel probe into Russian inference in the 2016 election. We share some of today's disturbing testimony by Aaron Zelinsky, one of the career prosecutors who refused to sign off on the DoJ's attempt to reduce the sentencing recommendation for Stone, Trump's pal and longtime dirty-tricksters (found guilty here on all seven counts), despite what he described as "heavy pressure from the highest levels of the Department of Justice," including senior political appointees who, he alleged, were "afraid of the President."

"It’s very important that we recognize what’s happening now," warned Donald Ayer, another witness at today's hearing and a former Deputy Attorney General under George W. Bush. "What’s happening now is much worse than what happened in Watergate --- much worse. It’s across-the-board. It’s a systematic effort to undo the checks that were put in place in Watergate and others that existed in the Constitution. And we need to do something about it."

The corruption of the Flynn and Stone prosecutions are now so far off the rails from what the U.S. Department of Justice is supposed to stand for that it is difficult to fully express how much dark trouble this now portends for our nation. Thus, we have one hope left --- our last firewall against full-blown authoritarianism in this country --- this year's critical general elections. To that end, there were primaries held on Tuesday in Kentucky, New York and Virginia along with a few other key races elsewhere. We're joined today by longtime progressive political blogger and Congressional campaign expert HOWIE KLEIN of Down With Tyranny to discuss a number of election results from Tuesday in New York and Kentucky which appear to suggest some very good news for progressives. We say "appear" because several of those elections are currently reported to be very close and, due to the coronavirus (which had its single biggest day of new infections in the U.S. on Wednesday), it will take some time for officials to tally the unprecedented number of absentee mail-in ballots cast. We run through several of the key races with Klein (he details many more here today) why they matter, and how a number of them they are likely to scare the hell out of the establishment on both the Left and Right.

"There were wins and losses," Klein tells me. "It wasn't like the progressives wiped out the [Democratic] conservatives. But thank goodness it didn't go the other way. So yes, it was a good night for progressive Democrats."

Also worth a quick mention today: The 24-year old Republican dude named Madison Cawthorn, who defeated the Trump-endorsed candidate in the GOP runoff to become the nominee to fill former Congressman turned White House Chief of Staff Mark Meadows' seat in North Carolina. And ALL of the electronic pollbooks in Virginia Beach, Virginia's 100 precincts failed on Tuesday...

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On today's BradCast: We're gonna need a bigger front page in this country, given all the huge news that only served to cancel out all of the other huge news this weekend. All of which, we suspect, is just the way Donald Trump likes it. But don't worry. The most important news of the weekend --- the first failed attempt and second successful attempt by corrupt U.S. Attorney General Bill Barr to fire the U.S. Attorney for the Southern District of New York (likely unlawfully) is the eventual focus of today's show, with our guest, a former Deputy Asst. Attorney General herself. [Audio link to show is posted at end of summary.]

But first, some of that other news that only served to crowd out all that other other news over the weekend. After a few quick words and warnings about tomorrow's primary elections in New York and Kentucky (expect very long lines) and some new news on Los Angeles County's new and already failed touchscreen voting and electronic pollbook system (which we'll have to offer in detail on another day), we take a look at the still burgeoning COVID-19 crisis. Despite Trump's attempts to pretend it away, infection rates are still increasing in at least 23 states, holding steady in 10, and only decreasing in 17 --- if, in fact, it's actually even decreasing in those states. All of this after many states reopened for business far earlier than health experts advised would be safe.

Then its on to Donald Trump's embarrassingly fizzled return to the campaign trail on Saturday, when his campaign's promise of more than 1,000,000 tickets registered for his "Great American Comeback Celebration" rally in Tulsa, Oklahoma, turned into just over 6,000 supporters at the indoor venue/coronavirus super-spreader event. The arena was barely half full, if that. Trump was reportedly furious, according to much of the brutal news coverage of his rambling, nearly two-hour remarks on Saturday, during which he admitted that he told his "people, 'Slow the testing down, please!'" Yes, the President of the United States, during a global pandemic, actually ordered his staff to try and test fewer people for the deadly disease in hopes that it might make him look like less of a failure. It has done just the opposite.

It also did not help the 6 members of his own campaign advance team in Tulsa who tested positive for COVID just before the event, or the two that have tested positive since. We should have expected as much from the guy who told reporters last week that "over one million people" were planning to attend and that "we expect to have like a record setting crowd. We've never had an empty seat and we certainly won't in Oklahoma." Even as he boarded the helicopter on the way to the Tulsa event Saturday, he lied to reporters that the "crowds are unbelievable" in Oklahoma. "They haven't seen anything like it." The operative word there is "unbelievable."

All of that, however, helped to obscure the remarkably corrupt and seemingly unprecedented events that took place very late Friday night when AG Barr falsely announced that Geoffrey Berman, the U.S. Attorney for the Southern District of New York, had resigned. Turned out he hadn't, and he said as much in a stunning statement minutes later, declaring that he'd only learned of his own "resignation" via Barr's press release.

Berman, a 2016 Trump Campaign donor and member of his Transition team, said he refused to step down until he was replaced by a Senate-confirmed nominee. Since he was not appointed by the President, but by the U.S. District Court for the Southern District of New York (the Senate would have had trouble approving him), he cannot be removed by firing without cause. According to law, a USA appointed by the courts can only be replaced by a Senate-confirmed nominee. Berman's U.S. Attorney's office at SDNY is known for its independence from Main Justice. It has prosecuted allies of Trump and was believed to be investigating more of them, including Trump's personal lawyer Rudy Giuliani and the Trump Organization itself. After Berman's brief overnight stand against Barr, he agreed to stand down on Saturday morning, after he said Barr agreed to allow Berman's Deputy to replace him as Acting USA (as is the normal practice), rather than install the U.S. Attorney from New Jersey (as Barr had announced in his false statement on Friday), which is decidedly not normal practice.

Yes, the Barr/Trump authoritarian strongman move is all at least as corrupt and unprecedented as it sounds. Thus, we are joined today by a guest with no small amount of insight into just how wildly corrupt and unprecedented all of this is. LISA GRAVES is a former Deputy Asst. AG at the U.S. Justice Dept., a former Chief Counsel for nominations in the U.S. Senate. She is also a former Deputy Chief for the US Court system. She is now Founder of True North Research, a good government watchdog group "researching the forces distorting our democracy."

Graves describes the Barr/Trump/Berman mess as "a debacle in terms of rule law." Ironic, she notes, coming from a man claming to be running for re-election as the "Law and Order President".

"This all smells. It reeks," she tells me. "It's really a terrible crisis for the Department of Justice, for the US Attorney's office in New York, and for the very rule of law. You cannot have a President who fires people who are investigating him or who are investigating his associates. You have to have a President who is as far away as possible from even appearing to interfere in that sort of investigation or any investigation that might touch on him."

As to what can be done about it and whether or not Barr actually broke the law himself with his initial attempt to remove Berman --- and whether Trump actually fired him on Saturday morning, as Barr contends (only to be contradicted by Trump himself) --- and who would prosecute Barr if, in fact, he did violate the law...well, you'll have to tune in to find out what Graves says about all of that and whether we will ever be able to restore justice to the Department of Justice after Donald Trump is eventually gone...

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The good news for today's BradCast is that, thanks to so much breaking news on yesterday's show, we've got at least one encouraging new piece of news on a story that we had to bump yesterday regarding Donald Trump's absentee voter fraud felony in the state of Florida. Between that and the false claims made by him and U.S. Attorney General Bill Barr and Arkansas Sen. Tom Cotton (in the pages of the New York Times, shamefully enough) charging that "antifa" is behind the violence seen at some of the mostly peaceful protests across the country over the past week and a half, we've got a lot of fact-checking to do on today's program. [Audio link to full show is at bottom of summary.]

First, Times staffers are livid that that the paper of record gave space to Cotton for an editorial on Wednesday calling for U.S. military troops to be deployed across the country against U.S. citizens under the Insurrection Act. The far-right Republican Senator charged in the piece that "cadres of left-wing radicals like antifa [are] infiltrating protest marches to exploit [George] Floyd's death for their own anarchic purposes." His remarks echo those of Trump, who, on Sunday, declared (falsely) that antifa will be designated as "a Terrorist Organization". In fact, antifa is not an organization. It's a movement of people who oppose fascism and authoritarianism and there is no such federal designation for domestic organizations, even if antifa was one. But the calls of Trump and Barr and Cotton echo what the Times itself described as "misinformation" just two days earlier in an article debunking that myth and several others related to the protest and being circulated widely (and falsely) on social media.

Moreover, the charge that antifa is behind the violence at protests is contradicted by intelligence reports this week from both the FBI and DHS, which find little evidence of antifa involvement, but seem to find plenty of evidence that rightwing white nationalist groups have organized to instigate chaos at otherwise peaceful demonstration around the nation. Continuing video tape evidence of police violently abusing peaceful protesters, including on Wednesday night after many of the demonstrations had otherwise calmed down, doesn't help either. But this week Twitter reported they'd shut down a European white nationalist group posting as "@ANTIFA_US" and tweeting out, for example, messages with a brown raised first emoji and declaring: "Tonight's the night, Comrades. Tonight we say 'F--- The City' and we move into the residential areas... the white hoods.... and we take what's ours."

While that account has been shut down, the white nationalists on the street have not all been. We still do not know the identity of the white man with full face gas mask (pictured above) and a black umbrella, who strolled down the sidewalk in front of the Minneapolis AutoZone last week with a hammer by his side, casually smashing each window of the store. Protesters tried to stop him and to identify him before he slipped away, leading Minnesota Attorney General Keith Ellison to post the video of the man on Twitter, along with the remark: "This man doesn't look like any civil rights protester I have ever seen. Looks like a provocateur. Can anyone ID him?"

And yesterday, in Las Vegas, AP reported on terrorism charges filed against three Nevada men with ties to a rightwing extremist group. They were arrested on Saturday heading to a protest on the Strip after "filling gas cans at a parking lot and making Molotov cocktails in glass bottles," according to the criminal complaint obtained by AP. Two of the men, according to an informant, "discussed causing an incident to incite chaos and possibly a riot, in response to the death" of George Floyd. They are all said to be members of the anti-government "boogaloo" movement, advocating for a new civil war.

It seems its easier to find strawmen to blame for years of systemic racism rather than take responsibility for it. That seems to be what Trump, Barr, Cotton, Fox "News" and all the rest of those looking for someone else to blame for Floyd's death and the resulting outrage seem to be doing. It doesn't seem to be working. But that won't stop them from trying to play a whole bunch of folks just months before the next Presidential election.

Speaking of...as we reported several weeks ago, Donald Trump --- who has been making myriad false claims about absentee voter fraud for weeks now --- is, himself, a voter fraud criminal after illegally voting in Florida this year, by absentee ballot, despite having no lawful permanent residence in the state.

While he claimed late last year to have moved his permanent residence from New York to his Mar-a-Lago club in Palm Beach, his original 1993 agreement with the city when he purchased the property and turned it from a single-family residence into a commercial club, required that nobody could actually live there. So, yes, that is voter fraud, and people in Florida have been charged and even jailed for much lesser infractions of the Sunshine State's elections code.

Yesterday, the Washington Post reported another noteworthy point or two on this story, with yet another update to it today. On Wednesday, the paper reported that Trump, when he filed his Florida voter registration [PDF], listed the White House at 1600 Pennsylvania Ave. as his "legal residence". That means his legal residence is not in Florida and he is, therefore, not allowed to vote there. A month later it appears he tried again, this time specifying Mar-a-Lago's address as his "legal residence." It's unknown what happened in the 31 days between the first and second registration, but maybe Florida generously granted him a mulligan. Of course, that still doesn't make his declared residence at his commercial property in Palm Beach a legal domicile in the state.

Making his case even worse, on Monday, during his infamous phone call with the nation's Governors (in which he described peaceful protesters as "terrorists" and instructed the Governors to "dominate" them or he would send in U.S. troops to do so), he stated: "I live in Manhattan". Oops. That prompted Democratic election attorney Marc Elias to tweet: "Sounds like New York may have a good claim for taxes. And Florida for voter fraud."

And, on that point, the Post updated its story today with the news that a Florida resident has now filed a formal election fraud complaint against Trump, which is what we've been calling for weeks! Under Florida law, the state is now required to investigate the complaint. And because it's a violation of state, not federal, law there is nothing to my knowledge that should prevent the President from being charged with felony voter fraud there. He did it. He should be charged with fraud.

When we painstakingly detailed the voter fraud by former GOP superstar Ann Coulter more than a decade ago after she illegally lied about her address in Palm Beach on her registration application and then unlawfully voted at a precinct she was not entitled to vote in, the state slow-walked their investigation until the statute of limitations ran out. (She also got a helping hand from a former FBI boyfriend). We'll hope that Florida Law Enforcement doesn't try something similar here. Though it would be much harder to do in this instance, given that the crime happened just months ago in this case.

Finally, Desi Doyen joins us for our latest Green News Report, with coverage of a tropical storm barrelling towards the Gulf Coast; evidence that global warming is increasing extreme rainfall events in North America; a new study finding that building new wind and solar plants is now cheaper than using existing coal power plants; and the good news that the University of California is divesting it's $120 billion endowment from all fossil fuels...

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(Or use "Click here to listen..." link below.)

IN TODAY'S RADIO REPORT: NOAA warns hurricane season could be a doozy --- especially during a pandemic; Plague of locusts expands into India; New York and New Jersey reject controversial fracked-gas pipeline; PLUS: New ad campaign links Trump's coronavirus denial to climate change denial... All that and more in today's Green News Report!

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

IN 'GREEN NEWS EXTRA' (see links below): Michigan dam failure shows the Midwest's growing vulnerability to climate change; Will Floating Turbines Usher in a New Wave of Offshore Wind?; How fast will you need to flee from the heat?; As Fishermen Flounder, Trump Clears A Path For Farming The Oceans; Record Drop In Energy Investment, Warns International Energy Agency; Trail of spills haunts Dakota Access pipeline developer... PLUS: How a Contrarian Scientist Helped Trump's EPA Defy Mainstream Science... and much, MUCH more! ...

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 was another impossible news day to cover on today's BradCast, but we did our best with two historic hearings happening in D.C. at the very same time and a few special elections around the country just to keep us on busy. [Audio link to show is posted below summary.]

One hearing was on Capitol Hill and the other was at the U.S. Supreme Court --- or, at least, on the live-streamed telephone conference call that has now replaced traditional in-person oral argument at the actual Court, thanks to the still worsening coronavirus pandemic.

We begin today with the SCOTUS hearing. Two of them, in fact. Both on the attempts by federal and state officials to obtain Donald Trump's financial records stretching back 10 years from before he became President. One case concerns subpoenas from three different U.S. House Committees to Mazars USA, the President's longtime accounting firm, as well as to Deutsche Bank and Capitol One, with whom Trump has done business. The other case is over a subpoena by by the Manhattan District Attorney for many of the same documents and tax records from the same financial institutions. That document demand is part of a state grand jury investigation related to unlawful hush money payoffs Trump gave to two women in advance of the 2016 election, and his convicted lawyer Michael Cohen's allegation that Trump and his companies fraudulently inflated and deflated his net worth when applying for loans or filing taxes.

Trump is not actually a party to the subpoenas, but is suing the financial institutions to prevent them from responding to the lawful subpoenas. To date, he has lost every hearing in the cases in lower Courts, where his lawyers actually argued that a sitting U.S. President could shoot people on 5th Avenue and could not be stopped, arrested or investigated for doing so. While the Justices didn't seem to entertain that argument, several of them, particular the Republican-appointees, seemed to be trying to find a way to help Trump out of this jam. We discuss what seems likely to result in either a split on the two different cases --- with the Court blocking the Congressional subpoenas while allowing the ones in the state criminal investigation in NY --- and/or one or both cases being remanded back to lower courts for a more narrow reconsideration that would likely prevent Trump's tax returns and other financial records from being released in advance of the 2020 election.

As those arguments were playing out today, the heads of Trump's CDC, FDA and Dr. Anthony Fauci, Director of the National Institute of Allergy and Infectious Diseases, testified before the U.S. Senate's Health, Education, Labor and Pensions (HELP) Committee. They did so remotely from their homes, where they are each self-quarantining after recently coming into contact with infected individuals at the White House. One of those individuals was Vice President Mike Pence's Press Secretary who tested positive on Friday, just before Pence appeared at a meeting with food producers in Iowa. As the company CEOs waited for the round-table discussion with Pence to begin, they were asked by an aide to the Vice President to remove their masks! That, despite advice from health officials (including the White House's own), and even though two of the executives run meatpacking plants where thousands of workers have contracted COVID-19. One represents Tyson Foods where more than 1,000 workers --- a third of its workforce --- at a meatpacking plant in Waterloo, Iowa have now tested positive. At least three workers at the plant have died.

Rural counties, especially in the heartland --- many with meatpacking plants and prisons --- are seeing a spike in cases of late, along with metropolitan areas where mostly Republican Governors have begun to prematurely lift stay-at-home orders to try and help the economy recover. An unreleased White House document prepared by the CDC and Department of Homeland Security, obtained by NBC News on Sunday, details hotspots all over the country, with many "red" states and counties seeing huge increases in cases over the past week. For example, last Friday, Arizona saw its largest single-day increase in cases, just about a week after Republican Gov. Doug Ducey began reopening the state.

A separate analysis of infections by the Associated Press today finds increasing cases in many of the same hotspots cited by the unreleased White House document, while noting that thousands of people are now getting sick from COVID-19 at their workplaces, including in recently reopened sectors such as construction workers in Austin, TX. At the same time, health workers continue to be hit especially hard, with more than 28,000 now having tested positive with more than 230 deaths in the industry. That, as well over 81,000 Americans have now been killed by the virus over the past two months.

No doubt, all of this is why Fauci warned Senators today of "really serious" consequences, including "suffering and death that could be avoided", if businesses reopen too soon. "There is a real risk that you will trigger an outbreak that you may not be able to control," he cautioned. "Which, in fact, paradoxically would set you back. Not only leading to some suffering and death that could be avoided, but could even set you back on the road to trying to get economic recovery because it would almost turn the clock back, rather than going forward."

But Donald Trump has an election to win this November, and it appears no number of dead Americans will get in his way of winning a second term. On that note, it's Election Day in several states today. And Trump was offering a preview of this November by lying over the weekend about today's Special Election for the U.S. House in California's 25th Congressional District. On Saturday, Rep. Tom Emmer (R-MN), who heads the National Republican Congressional Committee (NRCC) issued a memo to House Republicans with an "urgent call to arms", telling them to "raise hell" because Democrats in California were "doing all they can do to steal the election". Naturally, Trump took the lie and ran with it, tweeting about the addition of an extra in-person polling place for early voting over the weekend in a diverse part of the District, opened at the request of the city's REPUBLICAN Mayor!

Trump falsely claimed the polling place was added by the state's Republican Governor Gavin Newsom. (It wasn't, it was added by L.A. County --- at the request OF THE REPUBLICAN MAYOR who, while supporting the Republican in the race, was furious there was no polling place within his city's boundaries.) Trump falsely declared a "Rigged Election!" and lied to his Twitter followers that the election "was supposed to be mail in ballots only". That is also untrue. For the record, last Friday, Newsom did announce that every registered voter in the state would be sent a postage-paid absentee ballot for the November Presidential election. The move is said to be for safety reasons due to the pandemic --- the pandemic which Trump originally ignored, made much worse, and is now pretending to be over.

Finally today, Desi Doyen brings us the latest Green News Report, as the Administration reopens national parks despite the growing risks of coronavirus; as tax-payers are forced to pay for cleaning up old wells of bankrupted oil companies; and as France offers an airline bailout in exchange for cuts in greenhouse gas emissions. Now there's an idea...

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On today's BradCast: We start and finish today with some good news. Everything else inside that sandwich may be a different matter. [Audio link to full show is posted below.]

First up, a federal judge has ordered the New York State Board of Elections to reinstate all candidates to the ballot who have not asked to be removed for the state's June 23 Democratic Presidential primary. The order is in response to a lawsuit filed by former candidate Andrew Yang following the state Board's effective cancellation of the primary --- ostensibly to lower polling place turnout to make it safer voters. The move last week angered the Bernie Sanders campaign, his supporters and, yes, Yang. That seemingly good news for voters is tempered by the fact that the NY Board says they plan to appeal the decision.

In less good news today, the coronavirus infection and death rate in Texas has --- completely predictably --- spiked with thousands of new cases after Republican Gov. Greg Abbott lifted restrictions in the Lone Star State last week for businesses. Even more disturbingly, Abbott knew that it would happen, but did it anyway. An audio recording of a private phone conversation of Abbott speaking to other lawmakers released on Tuesday appears to contradict the Governor's public statements about what would happen after the state reopened all businesses.

Our guest today, The American Prospect's Executive Editor and investigative financial journalist DAVID DAYEN is not happy with public officials who are standing by while the nation is prematurely reopened for business, even as the COVID-19 infection and death rate continues to increase --- not decrease --- across the country. "Anyone working in the federal government on pandemic response right now who doesn't want to be known historically as a mass murderer should probably resign," he recently wrote in one of his must-read daily "Unsanitized" columns.

Dayen speaks to that ("The administration has pretty clearly signaled they are done with pandemic response. They're over it. ... This is a prescription for tens of thousands of people unnecessarily dying. And we should be really clear about that."); the disastrous roll-out of the federal government's Paycheck Protection Program (PPP), meant to provide short-term relief to small businesses; the far smoother roll-outs of big bailouts for huge corporations; how the federal coronavirus financial relief response compares to the programs implemented in response to the 2008 mortgage crisis and Great Recession (about which Dayen wrote an award-winning book); and his scoop today regarding the U.S. Postal Service.

As we've discussed on the show previously, the USPS is in trouble, thanks to the crash in postal deliveries with so many businesses shut down. The Post Office does not receive any tax-payer dollars. It runs solely on the postage it sells as it delivers to every address in the nation, six days a week. It is also responsible for delivering absentee ballots in all 50 states amid the ongoing global pandemic and will be crucial to our ability to hold something that resembles a legitimate Presidential election this November. But now the Service has said they may have to stop operating entirely as early as June without an infusion of cash.

Republicans in Congress and Donald Trump in the White House have refused, so far, to provide a bailout to the Postal Service as they have for thousands of other private companies. But Congress did approve a $10 billion extension of credit for the USPS, to allow them to borrow more money to weather the crisis. However, the Treasury Department is holding up the increase in the USPS credit limit in hopes of forcing a bunch of conditions on them first.

"The Treasury Department, which offers that line of credit, has signaled that they will use that to make major policy changes," Dayen explains. "In other words, you want that $10 billion? You're going to have to pay the Piper. You're going to have to bust your unions, you're going to have to get some give backs on pay and benefits. You're going to have to do what we want in terms of package delivery. Specifically, making sure Amazon pays through the nose --- this is the thing Donald Trump is obsessed with, because he hates Jeff Bezos --- and you're going to have to institute a bunch of policy changes and give us some decision-making authority on personnel, including the Postmaster General. And that's just to get the loan. ... It's really an imposition into the authority of the Postal Service, which is an independent entity that is self-sufficient."

With that explained, Dayen's scoop today is that the Administration's strong-arming appears to be working. That insight is based on the recently revealed resignation from the USPS Board of Governors by David C. Williams, the former longtime Inspector General and the Democratic appointee to the Board. A longtime champion of the Postal Service (and its return to postal banking --- which could, on its own, save the Service, as we also discuss), Williams' departure, Dayen reports, is a very bad sign that the Republican appointees who control the Board are on the precipice of winning this battle.

What it may mean for the near future of the USPS and its union workers is ominous. All of this is made even worse because Democrats have now given away much, if not all, of their negotiating leverage in Congress to include a bailout for the USPS by kicking the can down the road in earlier emergency relief bills, even as Republicans got just about everything they wanted already in those measures. All and all, this will not be good for the American people in a multitude of ways.

Finally, we close with some slightly better news as promised. According to a new poll in Montana, the state's very popular Democratic Governor Steve Bullock is up by 6 points (46% to 39%) at the moment in his U.S. Senate race against the Montana's GOP incumbent Sen. Steve Daines. A once-longshot win for Democrats in the U.S. Senate, flipping a seat in Montana this year would go a long way towards flipping control of the upper chamber of Congress from red to blue this November. The state which went for Trump by more than 20 points in 2016 (on the same statewide ballot where Bullock won reelection the same year) is also now trending toward Biden, as the same poll from Montana State University finds Trump with only a 5 point lead (45% to 40%) over the former Vice President right now. Of course, it's only May. But we'll take our encouraging news where ever we can find it these days...

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Bernie Sanders, thanks to Andrew Yang, is now back on the Presidential Primary ballot in New York state. So is Yang. At least for the moment.

By way of a 30-page decision [PDF] on Tuesday night, U.S. District Court Judge Analisa Torres ordered the New York State Board of Elections to reinstate the Empire State's June 23 Democratic Presidential Primary and to include, on the ballot, those candidates who previously suspended their campaigns but did not elect to remove their names from the ballot.

Last week, the Board's two Democratic Party Commissioners unilaterally removed from the ballot Presidential candidates who had suspended their campaigns. Because that left only one candidate, Joe Biden, they effectively cancelled the NY Democratic Presidential Primary.

Biden, Sanders, NY Gov. Andrew Cuomo, the state Democratic Party and the DNC all say they did not request the cancellation carried out by the two Commissioners on the Board. The Commissioners say they did so as a safety precaution in order to decrease polling place turnout during the coronavirus epidemic, even as Cuomo had previously ordered that all registered voters be mailed an absentee ballot application. Sanders and his supporters expressed outrage at the Board's decision.

The next day, however, former Democratic Presidential candidate Andrew Yang, along with seven of his pledged delegates, filed a legal challenge to the New York Board's decision...