On today's BradCast: The bloodbath for Republicans in Tuesday's off-year elections and a great idea for how Democratic states can take action against real bloodbaths immediately by helping victims of gun violence with a tax against the industry that works around both the 2nd Amendment and federal immunity from lawsuits granted by Congress. [Audio link to show follows below.]

One year to the day after Donald Trump was named the winner of the Presidency in 2016 (while losing the national vote by 3 million), we review what appears to be the remarkable 'blue tidal wave' that swept across much of the country in Tuesday's contests in about one-third of the states. From big races to small, from high office to city councils and boards of education, voters turned out in impressive numbers and Democratic candidates reportedly performed very well in the bargain wherever they ran.

Democratic candidate Ralph Northam walloped the Trump-supported GOP candidate Ed Gillespie by some 9 points for Governor in Virginia, a clear rebuke to both the President and the racially-based scare campaign both he and Gillespie ran on. Democrats also won for Lt. Governor (only the second African-American to win statewide since the Civil War) and for Attorney General. In perhaps the biggest surprise in the state, voters also turned out at least 15 Republicans from the state's House of Delegates which, depending on some challenges and "recounts", may result in a stunning Democratic takeover of the state's lower chamber that had a 66 to 34 GOP majority before last night. (VA also moved from 100% unverifiable touch-screen voting systems to optically-scanned hand-marked paper ballots this year. So, at least there will be something to count in "recounts" there this year.) Minorities of all sorts --- including the first openly transgender candidate who replaced a homophobic hard right incumbent --- won in the VA House, where Dems out-voted the GOP by more than 200,000 votes. Nonetheless, thanks to Republican gerrymandering, they may still end up in a slim minority there.

Dems also took over the gubernatorial mansion in NJ from the wildly unpopular Chris Christie and won re-election for mayor in NYC by a landslide. African-American candidates won mayoral victories for the first time in cities from North Carolina to South Carolina to Georgia to Montana to Minnesota. Topeka, KS picked up its first Hispanic mayor and Hoboken, NJ now has its first Sikh mayor. And, in Maine, voters overwhelmingly approved the expansion of Medicaid under the Affordable Care Act, which will result in health care for some 80,000 Mainers if the dumbest Governor in the nation, Paul LePage, stops blocking it. (It is also likely to inspire similar ballot initiatives in 2018 in other states where Republicans are denying federally-funded health care to their own residents.) It also appears that the last Republican-controlled legislature on the West Coast, the Washington state Senate, has fallen to Democratic-control, creating a "Blue Wall" of states in the West from Canada to Mexico. So it was a good day for Dems, and seemingly a very troubling omen for Trump and the GOP in 2018.

Meanwhile, it's been just days since 26 were massacred and 20 others shot by a man with a semi-automatic rifle in Sutherland Springs, TX. But Republicans have already made clear they intend to take no legislative action in response. Our guest today, however, legal reporter MARK JOSEPH STERN of Slate, has a fantastic idea that Democratic-controlled states could implement almost immediately. It's one that works around the NRA's 2nd Amendment challenges, as well as the outrageous federal "Protection of Lawful Commerce in Arms Act" (PLCAA) of 2005, which largely granted total immunity to gun manufacturers and dealers from lawsuits filed by victims.

"PLCAA is an entirely unique law. There is literally nothing else like it in the federal code," Sterns explains. "This law literally erased hundreds of years of laws and statutes, and jury verdicts, and forced all states to comply with this federal statute that basically prevents anybody from successfully suing a gun manufacturer or a gun seller, and gives them complete immunity to be as negligent as they want."

Stern's idea, as he explains, would result in help for victims of gun violence (more than 300 per day across the country) and their families, who often face bankruptcy after such incidents, as gun violence costs some $2.8 billion each year in health care costs alone. The measure would also force the gun industry to finally pay up for at least a small part of the unspeakable damage, pain, suffering and injury that they help to inflict every day on Americans.

State's "need to propose a special tax on the income of gun manufacturers and gun sellers that is high without being exorbitant. Tax their profits at every stage. They make a huge amount of money, so this would not burden them. This would not shutter manufacturers. But it would force them to pay a lot more, millions more, every year in taxes. What the legislature needs to do is take this extra revenue and place it in a fund that is explicitly designated to be paid out to victims of gun violence. When people are shot, and it is not at all their fault, they should be able to draw money from this fund to pay for their medical expenses and other care. There should be no cap, no limit on it. And no one would be able to raise a Constitutional objection. This is perfectly compliant with the Second Amendment and PLCAA."

Listen to today's show and please see Stern's excellent piece at Slate this week as well. Then get your state legislators busy! Many already have similar funds for victims of all sorts, like those harmed by the vaccine industry. This, Stern argues, should be a no-brainer for states like California and, perhaps now, even Virginia.

Finally, we close today with a few comments from Stephen Colbert that help bring all of the topics discussed on today's show together and into stark perspective...

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To paraphrase an infamous tweet from the now-suspended Twitter account of long-time dirty trickster and Trump ally Roger Stone, it could soon be Attorney General Jeff Sessions' "time in the barrel", according to my guest on today's BradCast. [Audio link to show follows below.]

The Trump Administration and his supporters have been very busy today, working hard to downplay the Monday indictments unsealed by Special Counsel Robert Mueller against three campaign officials. Two of them, Paul Manafort and Rick Gates, pleaded not guilty. The other, George Papadopoulos, who pleaded guilty, has been quietly cooperating with prosecutors for several months. The Campaign's former foreign policy advisor, has since been dismissed by Team Trump as little more than a "low-level volunteer" and a "coffee boy" over the 24 hours since the indictments were unsealed, revealing that Papadopoulos was charged with lying to federal prosecutors about conversations he had had with an unnamed "professor" said to be tied to Russia and claiming that Moscow had "thousands of emails" revealing "dirt" on Hillary Clinton.

I'm joined today by investigative journalist MARCY WHEELER of Emptywheel to help separate partisan hope from partisan hype regarding Mueller's investigation. We focus on the Papadopoulos case specifically, discuss whether it reveals "collusion" with Russia (which both the Trump Administration and Russian officials strongly deny), and why she believes, as reported at The Intercept, that, more than anything, the specific charges in that case may signal very bad news for Attorney General Jeff Sessions.

We also discuss what we now know (and don't) about the email hacks, what Mueller may have gained by waiting until Monday to reveal the indictments (Hello, unqualified USDA nominee Sam Clovis! Sam who?), and whether it's possible --- or even likely --- that Papadopoulos may have been wearing a wire during conversations with Trump officials in the months since he agreed to cooperate with federal investigators.

"Papadopoulos plead guilty for lying. We don't know why he lied, and why everyone keeps lying," Wheeler observes, adding a note of caution for the many anti-Trumpers who have been giddy since "Mueller Monday". "There's some smoke there. There may well be fire. I just think that everyone who opposes Trump has to be very careful about screaming 'fire' before we have evidence of fire. We have a legal system to sort that out. And until Trump does something to fire Mueller, or in another way thwart the investigation, we should let the investigation do what our legal system is supposed to do."

Also covered on today's show...

• Reporter Mike Stark of ShareBlue, who has been dogging Virginia's Republican Gubernatorial candidate Ed Gillsepsie with questions about his lobbying past in advance of the state's November 7 election next Tuesday, was violently arrested over the weekend. Stark appeared on The BradCast as our guest just last week. We've got details on what happened, including comment from Stark;
• A new poll finds Americans very pessimistic about the current state of American democracy and politics (including the vast majority of those who lived through the Vietnam era.);
• Desi Doyen joins us for the latest Green News Report with what suffices for some 'good news' updates out of Puerto Rico and much more;
• And, we end with the breaking news late today of what New York officials are describing as a "terror" attack in lower Manhattan, after a pickup truck plowed into bicyclists, leaving 8 dead and 11 seriously injured as of the end of today's show...

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What had been insanely busy news weeks are now being compressed into insanely busy news weekends, apparently. [Audio link to the complete show follows below.]

So, today on The BradCast, we do some serious triage to try and highlight the news of recent days that folks need to focus on, even as much of the corporate media is otherwise fixated on Donald Trump's obnoxious comments about NFL owners and players, who he described on Friday as "sons of bitches" for choosing to exercise their First Amendment rights of free speech, instead of standing for the National Anthem the way Donald Trump wants them to.

In fact, as we discuss today, Trump's profane attacks on those players who peacefully protest against racialized violence by members of law enforcement across the country, by taking a knee during the anthem, is little more than part of his latest effort to feed the "chaos addiction" that seems to rule this President, along with his hope of dividing Americans by forcing them to choose sides in whatever may be Trump's latest counterproductive fixation.

At the same time, of far greater immediate importance than another Trump Twitter fit, is the latest church shooting massacre near Nashville over the weekend and the quickly escalating humanitarian crisis for 3.5 million American citizens still without power (and facing other extreme hardships) across Puerto Rico, a full week after Hurricane Maria devastated the U.S. territory. We also cover U.S. Senate Republicans' last ditch attempt to gut health care for millions by repealing and replacing the Affordable Care Act ("ObamaCAre") before their ability to do so with only 50 votes in the Senate is over by the end of this week. On that, we've got some encouraging breaking news by show's end today.

Then, as Trump and North Korean leader Kim Jong Un continue their dangerous and escalting war of words following Trump's unprecedented threat at the U.N. General Assembly last week to "totally destroy" their country, we're joined by GREGORY ELICH, of the Korea Policy Institute's Advisory Board, to discuss the real life consequences, already under way, on the people of North Korea, thanks to Trump's increasing economic sanctions against them.

In response to the North Korean Foreign Minister's threat today to shoot down U.S. war planes like the ones flown in a show of force by the U.S. off the Korean Peninsula over the weekend, Elich explains: "If you look back to the 1950-53 Korean War, US bombers obliterated every single town and city in North Korea. There wasn't a single building left standing. So this is sending a message to North Korea that the U.S. would consider repeating the experience of carpet-bombing every city. So, obviously the North Koreans are going to react emotionally to such a an action."

Elich, whose latest CounterPunch column details "Trump's War on the North Korean People", breaks down the latest in the ill-considered standoff between Trump and the isolated Asian nation, how it must eventually be resolved, and the high price already being exacted on its citizens, if not the military program Trump believes he is targeting.

"If the goal is to denuclearize North Korea, then of course it will have no effect whatsoever except to encourage North Korea to accelerate its efforts," he tells me. "But if the goal is to impose economic hardship on the population of North Korea, then it is quite likely that it will work in the long run."

Elich goes on to detail why he believes the U.S. attempt to force "denuclearlization" on the North through saber rattling and economic sanctions amounts to what he calls "an international protection racket", "gangsterism as foreign policy" and "the weaponization of food." All of that, as millions stand to suffer in both Asia and the U.S., thanks to Trump's continuing addition to chaos in the U.S. and, apparently now, around the globe...

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On today's BradCast: As bad it's all been, it's about to get much worse, as the devastation from Harvey continues and as Congress returns to session following the Labor Day holiday. [Audio link to show follows below.]

But first up today: What we know and don't (and why we don't) about the explosions at a swamped chemical plant north of Houston; Russia warns the U.S. that further sanctions against North Korea would be "dangerous"; U.S. continues diplomatic tit-for-tat with Russia by ordering several more diplomatic facilities closed, and; Special Counsel Robert Mueller is now reportedly working with NY Attorney General Eric Schneiderman in their criminal probes of Team Trump in what could serve as an end run around Donald Trump's pardon power of his associates at the federal level, and even a hedge against the possibility of the President removing the Special Counsel from his post in some way.

Then, as horrible as August has been on so many levels, TPM Congressional reporter ALICE OLLSTEIN joins us for some breaking news, and to explain why September could be even worse as Congress reconvenes next week following Summer recess, with "a nightmarishly short calendar during which they must pass a host of bills" to, among other things, approve a budget to keep the government from shutting down and avoid a federal default by raising the debt ceiling.

That, along with the need to fund disaster relief for Harvey, reauthorize children's healthcare and the national flood insurance programs by the end of the month, amid ongoing feuds between Trump and GOP Congressional leadership while the President threatens to shutdown the government if Congress fails to fund his border wall, almost assure what Ollstein characterizes as "The September From Hell".

Even if we had a "Congress who generally got along, and generally got along with the President," Ollstein tells me, "it would have been so hard to pass all of these bills that are coming up. But we don't have that. We have a President who is attacking members of his own party --- leaders in his own party --- and the opposing party. We have a lot of bad blood."

Add to it all the Trump/GOP hopes of passing huge tax cuts ("an even heavier lift than health care reform," she says) and today's late breaking news from Ollstein, fresh off a call with the Health and Human Services Dept. announcing the Administration plans to slash the Affordable Care Act's advertising budget by 90% in advance of this year's truncated Open Enrollment period, and it all amounts to not only a September from Hell, but likely a rest-of-the-year from same.

Enjoy the upcoming holiday weekend if possible, but buckle up thereafter, as Ollstein warns: "We thought it couldn't get any crazier than August, but get ready."

Finally, Desi Doyen joins us for our latest Green News Report with more coverage of the ongoing devastation from Harvey, before we finish up with some actually very good news concerning nuclear power, solar power, and the nation's largest utility company...

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On today's BradCast, the turmoil continues in the Senate over the GOP undead attempt to repeal health care for millions, and in the White House where Team Trump faces the ongoing investigations of the Dept. of Justice's Special Counsel. [Audio link to complete show follows at end of article.]

A new analysis out late Friday from the U.S. Senate Parliamentarian suggests that a number of provisions in the GOP's scheme to repeal and replace ObamaCare may not pass muster under Senate rules for passage under 'budget reconciliation' with just a 51 vote majority. Instead, 60 votes may be needed, in which case, the scheme may be in even more trouble than it already appears. Or, Senate Republicans could simply try to kill the legislative filibuster instead. Either way, Majority Leader Mitch McConnell is promising a vote to proceed on Tuesday, even though it remains unclear exactly what Senators will be voting on.

At the same time, Democrats are unveiling their own scheme ("A Better Deal") to try and win back voters in 2018. Comments over the weekend from Democratic Senate Minority Leader Chuck Schumer suggest that the passionate advocacy from progressives for a "Medicare-for-all" style system (single payer) or, at least a public option for health care insurance, may finally be moving the party establishment.

Meanwhile, Donald Trump continues publicly attacking his own Attorney General Jeff Sessions and talking about Presidential pardon powers for some reason. But some of those powers, contrary to conventional wisdom, may not be as absolute as he and others have argued, including the power to pardon himself. We're joined by author and Constitutional law expert IAN MILLHISER, Senior Editor of ThinkProgress Justice, to discuss legal assessments from the Nixon era though the Clinton era through now, in regards the power of the Presidential pardon, and the dangers that power could present for Donald Trump himself if he chooses to exercise it for some of his close aides and family members.

Among the man related questions and "myths" discussed: What dangers lurk for the President from those he may pardon? Can the President really pardon himself? Can a sitting President be criminally indicted?

But, of course, much remains unknown when it comes to the various extraordinary ways we are discussing the power of the Presidential pardon, of late, because the U.S. Supreme Court has not rung in on most of it. That's because, as Millhiser notes, "most Presidents don't commit federal offenses when they're in office."

"Here's what this really comes down to: Everyone has assumed that the President would be capable of shame. I'm dead serious about that. Why did Nixon resign? He resigned because he was capable of shame," Millhiser argues. "Everyone assumes that if the President somehow was not capable of shame, then the Congress would be capable of shaming him. When you go back and you read James Madison or Alexander Hamilton, they did not understand the inevitability of political parties," Millhiser argues. "So the Constitution was written on this assumption that you've got all these ambitious people in Congress...and so if you've got a rogue President, they'll all band together to throw that President out because it's good for their careers. They did not understand that, in 2017, we would have the kind of extraordinary partisanship we have right now, where you have a President who is incapable of shame, and you have Congress controlled by the President's party, which is unwilling to do anything to undermine its party's President. Our Constitution is not fit for this set of circumstances."

Finally today, in related matters, the public is much more in favor of impeachment now than they were at the start of the Watergate scandal, four years and six months into Richard Nixon's term as President. And, speaking of public interests, it appears the GOP attempt to undermine ObamaCare has resulted in many more Americans believing the federal government has a responsibility to ensure health care coverage for all...

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On today's BradCast: We may be quickly heading towards a very troubling Constitutional crisis and what will it take for voters (and corporate media!) to appreciate the dangers posed by our absurd voting systems in the U.S.? [Audio link to full show is posted below.]

President Donald Trump offers some astounding revelations regarding his thoughts about firing the nation's top law enforcement officials (the Attorney General, Deputy Attorney General, the Acting FBI Director and the Special Counsel investigating Team Trump) during a rare interview with the New York Times. He also suggests he believes he can restructure the Dept. of Justice so that the FBI Director reports directly to the President, rather than the Dept. of Justice. The breathtaking admissions in the interview leads at least one former top Justice Department official under Obama to predict that "we are headed for a massive clash....I don't see how we get past this without him firing either [Special Counsel Robert] Mueller or other people at the Justice Department and a massive, massive crisis."

As disturbing and important as Trump's revelations are, the Times' reporters, Peter Baker, Michael Schmidt and Maggie Haberman, utterly failed to ask any substantive questions about the President's positions on and understanding of the various ongoing Republican schemes to repeal ObamaCare. That, despite each of the GOP's proposed plans for doing so predicted by the non-partisan Congressional Budget Office to result in anywhere from 22 million to 32 million Americans losing access to health care coverage.

Instead, the reporters focused only on process questions surrounding the political difficulty of enacting health care repeal, rather than the untold suffering and damage it will cause and Trump's own wildly conflicting advocacy for such proposals. They even ignored the fact that the transcript of the interview appears to suggest he does not even know the difference between health insurance and life insurance!

All of that, as former Presidential candidate and Vietnam War torture victim, Sen. John McCain (R-AZ) is diagnosed with an aggressive form of brain cancer and Senate GOP leadership is reported to be desperately promising to spend some $200 billion in hopes of buying votes for their health care repeal schemes from so-called moderate Republicans in the U.S. Senate.

Then, we're joined by BRAD BLOG legal analyst ERNIE CANNING, to discuss his analysis of the multi-partisan lawsuit recently filed in Georgia contesting the surprising and 100% unverifiable results of the June 20 U.S. House Special Election in the 6th Congressional District and his rather gob-smacking article on the massive security breaches before the election and the more-than-a-decade of disturbing revelations from computer scientists and whistleblowers alike about the Diebold touch-screen voting systems still forced on voters in the Peach State.

Moreover, he tells me about an Atlanta Journal-Constitution reporter who recently dismissed his concerns about her reporting on GA Sec. of State Brian Kemp's comments that there was no evidence to suggest any election results in the state, including the recent GA-06 race, were inaccurate, or that any manipulation, hacking or programming error occurred. "Well, that's true," says Canning, "but you can't prove that the actual count is valid, either. There's no scientific way to do it. The only one that would really know if it was rigged would be somebody who actually took part in the rigging of the vote."

"You have all this coverage everyday with MSNBC about potential Russian hacks," he continues, "and yet nobody there bothers to talk about the fact that these systems are vulnerable to anybody, whether it be Russia or anybody else, and that there's no way to know whether the votes have been altered."

So, what will it take for Americans --- Republicans and Democrats alike --- to understand the on-going threat to democracy posed by both 100% unverifiable touch-screen voting systems and by paper ballot systems that are tallied by easily-manipulated, oft-failed computer tabulators? What will it take, for that matter, for the corporate media (including Georgia's largest newspaper!) to understand it as well?

We discuss all of that and much more today, including the Texas County that is finally returning to paper ballots after a disaster in November, and the decision by Israel to stick with hand-counted paper ballots in light of recent election hacks around the world...

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Late last week, the California state Senate adopted a proposal for a state-run, single-payer, "Medicare for All" style healthcare system. That's just the latest encouraging news to suggest that, on the surface, single-payer healthcare advocates have the wind at their sails in the Golden State.

Buoyed by a public opinion poll that showed that 70% of Californians support SB-562 ("The Health California Act") --- the state Senate measure that aspires to provide publicly-funded quality healthcare to all California residents --- and a newly released Political Economy Research Institute (PERI) Study, which concluded that the measure would save California $37.5 billion in annual healthcare expenditures while covering millions of additional residents, single-payer advocates have encountered smooth sailing in the California State Senate. Last Thursday, that legislative body approved the bill by a 23-14 vote with three members not voting.

The measure now moves to the state Assembly, and irrespective of whether it is similarly approved there, the good ship Single-Payer is about to encounter choppy waters and a stiff headwind.

SB-562's authors, Senators Ricardo Lara (D-Baldwin Park) and Toni Atkins (D-San Diego), deferred questions about the new taxes needed to fully fund their proposed, state-run single-payer healthcare system. A separate tax measure would have to be approved by a 2/3 vote in both Houses of the California legislature. Democrats hold super majorities in each chamber. However, 2/3 passage is by no means a given.

The landmark single-payer initiative and tax measure to fund it would then have to be signed into law by Democratic Gov. Jerry "Budget Miser" Brown, who has already expressed concerns about how a single-payer system could be financed.

Moreover, as evidenced in recent days, the otherwise popular measure also faces a hostile corporate-owned media...

On today's BradCast, big wins for Democrats in very Republican districts, more trouble for the GOP as the Congressional Budget Office (CBO) finally scores the House healthcare bill, and trouble likely ahead for still-divided Democrats. [Audio link to full show is posted below.]

As Republicans struggle to pass any major legislation in the wake of Donald Trump's continuing political and legal troubles, Democrats saw two different huge state-level electoral victories in "deeply red districts" in New York and New Hampshire during special elections on Tuesday. Both seats had been previously held by Republicans for years and, in NY, the former Bernie Sanders delegate who won the set, helped flip the district "an astounding 39 points" since the November election!

All of that comes in advance of a statewide special election for the U.S. House in Montana on Thursday, believed to be "closer than it should be" in a state that went for Trump last November by more than 20 points, and a U.S. House special election runoff next month in Georgia's 6th Congressional District which also went to Trump last year, but where the Democrat is now said to be leading his Republican opponent by 7 points.

The first-time Democratic candidates in both the MT and GA races are raising record-shattering money from small donors, though in Georgia, non-partisan election watchdogs are urging voters to cast absentee paper ballots by mail or, preferably, dropped off at County HQ, rather than via the 100% unverifiable touch-screen systems the state will once again, shamefully, force voters to use at the precincts on June 20th.

Then, just before airtime, the non-partisan CBO finally released its score of the Republicans' American Health Care Act (ACHA), which was narrowly adopted in the U.S. House three weeks ago. Like previous GOP versions of the bill to repeal and replace the Affordable Care Act ("Obamacare"), the CBO finds the latest version will result in more than 20 million Americans (23 million, in this case) losing their health care coverage over the next ten years, including 14 million next year alone.

Journalist and health care reform advocate Jackie Schechner joins us with details from the CBO's just-released report, and what it is likely to mean for the future of the GOP legislation in the House and in the U.S. Senate. (She believes the GOP will ultimately fail to pass a bill that both houses can agree upon, so Obamacare will stay in place for the foreseeable future.)

Schechner details how the GOP's House bill will imperil health care for those with preexisting conditions (the CBO found such people "would ultimately be unable to purchase...health insurance at premiums comparable to those under current law, if they could purchase it at all"); the Senate GOP leadership's strange plan to create a competing bill in the upper chamber with a "group of 13 white men" and no Democrats or even industry experts taking part; how she believes Republicans and President Trump have purposely undermined Obamacare; and how Democrats and Republicans together could actually fix the problems in the Affordable Care Act --- if they actually wanted to.

"I think it's important that we take a step back and take the politics out of this, and start to focus on the policy of what we're trying to do," she tells me. "What we're trying to do is get people in this country access to health care, and to make it affordable. That's where the policy specifics need to come into play, and that's not going to happen if you got 13 white men who are crafting this behind closed doors who have no experience in health care policy."

We then close with a very lively discussion of a Democratic single-payer "Medicare for All" health care bill introduced by Rep. John Conyers (D-MI) in the House. The legislation, HR-626, for the first time ever, now has support from more than half of the Democratic caucus. Does that bill present a way forward for health care reform in the U.S. --- and for Democrats at the ballot box?

We discuss, debate and, hopefully, inform on that and much more on today's BradCast!...

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On today's BradCast: Coverage of the two (yes, two) most recent (yes, most recent) blockbuster reports regarding the President, as leaked out of the Oval Office. [Audio link to show follows below.]

First up today: Washington Post's explosive report from late yesterday detailing Donald Trump's alleged (and all but confirmed by Trump himself) sharing of highly classified information (reportedly now from Israel) during his recent meeting in the Oval Office with Russian Foreign Minister Lavrov and Ambassador Kislyiak. The White House, largely via National Security Adviser H.R. McMaster, strongly denies any wrong doing.

We're joined to discuss that and what we know and don't about it all, by Elizabeth Goitein, co-director of the Liberty and National Security Program at NYU's Brennan Center for Justice. And, unlike those who are reporting that Trump broke no laws in his alleged disclosure of sensitive information regarding ISIS, Goitein argues the case is not so clear cut.

Classification and declassification of sensitive information is spelled out by Executive Order of the President. "The existing Executive Order was written by President Obama. It is still in force unless or until Trump revokes it or replaces it," Goitein explains. "But President Obama himself would not have been bound by his own Executive Order. President Trump is not bound by that Executive Order. I think it's problematic that Presidents are not bound by their own Executive Orders. Or, I should say, it's problematic they can secretly depart from those orders. Ideally we would have a classification Executive Order that says what the President can do, even if it's just 'The President is exempt from all of these rules.'"

However, Goitein suggests that even a President could face legal exposure via the Espionage Act of 1917.

"The Executive Order is not the only law that is at play here," she tells me. "Congress has also stepped in on various occasions, to regulate the disclosure of national security information. And there are several statutes in which Congress has done that. The statute that seems most relevant here is the Espionage Act. And this is the law that President Obama infamously used to prosecute national security whistle-blowers and others who leaked information to the media, rather than actual spies and traitors, which is whom the law was designed to address. But this law, on its face, prohibits the communication of information related to the national defense --- whether that information is classified or not --- to anyone not entitled to receive it, if there's reason to believe it could be used either to harm the United States or to aid a foreign nation. So on it's face, that statute would certainly seem to apply."

I discuss that and much more with Goitein about this entire fine mess today. It's worth tuning in for that alone. But then...

Breaking hard mid-show today: The New York Times' perhaps even more explosive report detailing a memo written by then FBI Director James Comey describing his February one-on-one meeting with the President in the Oval Office, in which Comey reportedly charges that Trump requested he drop the Bureau's ongoing investigation into former National Security Adviser Michael Flynn. "I hope you can let this go," Trump said to Comey, according to the Times, in an account also vigorously denied by the White House, but which, if true, would amount to a very serious case of Obstruction of Justice by the President of the United States.

If only there was a taping system of some kind in the Oval Office so we could figure out who's telling the truth.

Finally today, after disembarking from that insane news roller coaster, if only for the moment, we finish up today with Desi Doyen and our latest Green News Report, because the planet doesn't really give a damn about either national security or politics...

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Today on The BradCast: Will war be avoided on the Korean Peninsula amid Donald Trump's continued saber rattling? Will Bill O'Reilly ever return from his "vacation" amid newly revealed sexual harassment allegations? And will the U.S. corporate media ever stop rooting for war? [Audio link to show posted below.]

Donald Trump continues to rattle U.S. sabers against North Korea which, in turn, is rattling back, as tensions rise on the Korean Peninsula, with fears that either country could launch a "pre-emptive" attack. China, in the meantime, is hoping to settle nerves and find a way to peace through diplomatic, rather than military means.

All the while, the U.S. Congress remains on its 18-day holiday break, and apparently still unwilling to carry out their Constitutional duties as the (supposedly) sole arbiters of whether the U.S. goes to war with a sovereign nation whether in North Korea or Syria.

And, speaking of vacations, questions and investigations continue into multiple sexual harassment allegations against Fox News' Bill O'Reilly, currently on a much longer than usual vacation for some reason. Dozens of major corporations have pulled their ads from Fox's highest rated show, and the company has re-hired the same independent investigators whose previous probe last year into similar allegations against former Fox chief Roger Ailes finallly led to his golden-parachuted ouster. But why were O'Reilly and top executive enablers at FNC allowed to remain, even though they were aware of millions of dollars in secret settlements paid to O'Reilly's accusers?

Media Matters' Eric Boehlert joins me today to discuss the latest charges and revelations against O'Reilly, Ailes, Fox "News" co-president Bill Shine and FNC's long "culture of predatory harassment".

"That excellent New York Times report that detailed five lawsuits that had been settled totaling $13 million over the years, they pointed out that O'Reilly's contract was just renewed and Fox News knew about these lawsuits. On what planet does someone on your staff file five sexual harassment lawsuits, and then you re-up and give him another contract, in this case apparently for $18 million?," Boehlert asks.

"The Murdoch sons in particular could have cleaned up the culture at Fox News when they just went through this exact same thing last summer with Roger Ailes," he charges. "They completely covered it over. They paid off Roger Ailes to go away quietly. They promoted people who enabled him. And now where are they? They thought they were free, and now they're right back where they started."

We also discuss the corporate media's return to cheerleading for U.S. Presidents who start new wars and a disturbingly ridiculous new rightwing hire for the New York Times' op-ed page.

Finally, Desi Doyen joins us with the latest Green News Report as Florida's climate change denying Governor declares a statewide state of emergency for a global warming related issue, and I share the results of my recent Twitter poll asking whether or not Donald Trump is actually insane...

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IN TODAY'S RADIO REPORT: Hundreds dead and missing as historic rains cause catastrophic flooding in Colombia; Flint, MI residents force state to begin replacing lead-tainted water lines; Blue states take on Trump over energy efficiency standards; Coal pollution linked to high risk of low birth-weight babies; PLUS: New data shows Arby's and car washes employ more people than the US coal industry... 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): What happens if the EPA is stripped of its power to fight climate change?; Greenland's Coastal Ice Passed a Climate Tipping Point 20 Years Ago; Tesla races past Ford in market value, puts GM in headlights; Even Fox News slams EPA chief’s climate denial; U.S. Kids Have Higher Autism Risk Under New EPA Rule; NY Judge Tosses Exxon Challenge to Climate Change Investigations - For Now; Standing Rock's Pipeline Fight Brought Hope, Then More Misery; New EPA Documents Reveal Even Deeper Proposed Cuts To Staff, Programs... PLUS: 'Nightmare' Yurok Salmon Fishery Collapse... and much, MUCH more! ...

On today's BradCast, Democrats now have the votes needed to filibuster Trump's SCOTUS nominee and the President faces still more lawsuits against his climate, energy and environmental policies --- and his pretend attempt to revive coal jobs. [Audio link to show follows below.]

It's official, as of this afternoon. Democratic Senators have announced enough votes opposing Judge Neil Gorsuch, Trump's nominee for the U.S. Supreme Court seat stolen by Republicans, to successfully hold a filibuster and block the nominee in the U.S. Senate. 42 Dems are now on board (enough to prevent the 60 votes currently needed to end a filibuster.) So, it's now up to Senate Majority Leader Mitch McConnell (R-KY) and the rest of the Republicans to use the so-called "nuclear option" to do away with the filibuster rule for SCOTUS nominations all together. Just three Republican defections, however, would prevent the filibuster rule from being scuttled by majority vote.

In the meantime, the opposition to Trump's faltering attempts at policy making --- particularly policies meant to try and roll back Barack Obama's environment and climate legacy --- continue to face new legal challenges. Today, a number of state Attorneys General announced their intention to challenge the Administration's costly suspension of energy efficiency standards; last Thursday, environmental groups filed suit to block the State Department's approval of the controversial KeystoneXL pipeline; and, just one day after Trump's so-called "Energy Independence" executive order was signed on Tuesday, Earth Justice sued to overturn Trump's lifting of Obama's moratorium on new coal leases on public lands and a review of royalty rates paid under the program to the government by the dying coal industry (which, as we also discuss, now employs fewer workers than Arby's, car washes or even U.S. theme parks!)

Jenny Harbine, the lead attorney in Earth Justice's case [PDF] against the Administration, joins us to explain the new lawsuit, as well as the one the same group filed against the Obama Administration in 2014, which led to the moratorium in the first place.

"Trump made a lot of campaign promises to his cronies in the coal industry," she tells me. "But the President has a legal obligation, that courts have enforced for decades, to engage in rational decision-making, to make decisions that are based on science. And here it couldn't be clearer that the directive that came down from Trump [to lift the moratorium] last week, was based solely on politics, and not on science."

She explains how the policy not only "flies in the face of the reality we all face as a nation and a world on climate change," but also how Trump's various claims at attempting to help coal miners is as likely to ultimately harm them, by keeping the federal government from investing in investing and retraining workers for the now-unstoppable renewable energy future.

"Trump's short-sighted attempt to revive a dying coal industry through subsidized leasing" is little more than "an attempt, really, to line the pockets of coal industry executives" while causing "real harm to real people and communities that are depending on the federal government to look after our interests," Harbine explains, adding: "I fear that those workers will be left in the dust."

Finally today, bad news for 180,000 low-income Kansans hoping to receive health care under Republican rule in the state, and the L.A. Times Editorial Board issues a remarkable series of anti-Trump editorials...

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IN TODAY'S RADIO REPORT: Rising tide of opposition against Trump's latest executive order; Trump's climate denial puts China first in the global clean energy race; Texas judge kicks ExxonMobil case back to New York; PLUS: Mobilizing the Power of the People with the upcoming March for Science and the March for Climate... 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): "Trump Is a Chinese Agent"; Trump’s Interior Secretary says ‘clean energy’ is a hoax; Unbalanced Climate-Change Hearing Proves Pointless; Lamar Smith, unbound, lays out political strategy at climate doubters’ conference; While Ohio Coal Employment Falls, Solar Jobs Double In Cleveland Area; Trump’s Executive Order is Out of Step With Americans; Energy Department Climate Office Bans Use Of Phrase ‘Climate Change’; Westinghouse Files for Bankruptcy, in Blow to Nuclear Power... PLUS: If you liked buying your oil from Saudi Arabia, you’ll love buying your electric cars, solar panels, efficiency software and batteries from China.... and much, MUCH more! ...

On today's BradCast: Donald Trump's U.S. Supreme Court nominee faced questions all day in the U.S. Senate Judiciary Committee. But what the hell is Judge Neil Gorsuch even doing there at all? And doesn't normal coverage of the hearings do little more than normalize a decidedly abnormal situation? [Audio link to show follows below.]

Donald Trump's selection to fill the seat left vacant by the death of Justice Antonin Scalia more than a year ago, represents nothing less than a stolen seat on a stolen U.S. Supreme Court. If he is confirmed, Republicans are likely to be rewarded for their theft with a majority on the high court for another generation, following their unprecedented refusal to even hold hearings for Barack Obama's nominee for the seat, Judge Merrick Garland.

I've been wrestling with how to cover this week's hearings, which I consider to be illegitimate (and that is true even setting aside the disturbing matter of Trump as President!) Professor Peter M. Shane of Ohio State University's Moritz College of Law joins me to try and help make sense of the situation. His recent piece at the American Constitutional Society, cited by the New York Times today, details how neither Democrats nor corporate media, to date, seem to have figured out how to issue any kind of institutional penalty for the GOP's blatant, brazen and unheard of theft.

Shane explains that, historically, despite Republican assertions to the contrary, "there is no close precedent" in history for what the GOP has done here. "The reason that they didn't want Judge Garland to become Justice Garland was, of course, the fear that they would be losing what had been a secure 5-4 conservative majority on the court. But they also didn't want to give him a hearing because they knew, if they gave him a hearing, that Judge Garland would appear to be so thoughtful, so reasonable, so accomplished and balanced a person, that it would be politically much more difficult to vote 'no'. Nobody in the Senate is constitutionally obligated to vote in favor of Judge Garland, it would just be hard to explain why [they didn't.]"

So they stole the seat instead, by refusing to even hold a hearing, much less a vote. As to the Democrats' lack of an organized response, such as a promise to filibuster Judge Gorsuch (or any other Trump nominee other than Garland), despite the threat of the GOP doing away with the filibuster for SCOTUS nominees, Shane observes: "It seems to me that the Democrats very frequently anticipate the political defeat that lies ahead, and just keep their powder dry for a fight that never happens." He argues Dems are likely "worried about political blowback for being a fierce party of resistance," adding: "That's what the Republicans have been, increasingly, since 1980. If they've paid a penalty for it, I haven't noticed."

Also on today's program: While Congressional hearings have taken over the beginning of the week, House Republicans are making last minute changes to their scheme to replace the Affordable Care Act, by making it still crueler for millions of Americans (but with even more kickbacks for wealthy ones!) in hopes of wheeling and dealing for enough votes to squeek by with passage in the U.S. House, where they plan to ram the bill through for a full floor vote this week before tossing it to the Senate.

Finally: A majority of Americans are unable to name even a single SCOTUS Justice, and the tax-payer cost for Trump's constant weekend vacations could cover four federal programs for the arts, the elderly, the jobless and the homeless that his budget proposal hopes to slash entirely...

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Today on The BradCast, the record-breaking March Blizzard of 2017 (sorry, Weather Channel, we won't call it "Stella"!), may be mostly gone from the Northeast, but a blizzard of disinformation remains in its wake. We do our best to shovel out a bit today with our favorite Republican meteorologist. [Audio link to show is posted below.]

I'm happy to be joined today by Paul Douglas, longtime Minnesota broadcast meteorologist, StarTribune columnist and co-author of Caring for Creation: The Evangelicals Guide to Climate Change and a Healthy Environment to respond to, among many other things, those on the right (led by Matt Drudge), charging that the blockbuster late-season winter storm that swept through the Midwest and Northeast, leaving record snowfall in its wake, was actually evidence that Donald Trump should "clear out [the] climate hysterics" from the National Weather Service.

While he's here, Douglas also explains the dangers of Donald Trump's proposed massive cuts to the Environmental Protection Agency (EPA) and the National Oceanic and Atmospheric Administration (NOAA) and other science, weather and climate-related federal agencies. NOAA, he says, whose satellites are relied upon as the "eyes" of the National Weather Service, is also "essential for the private sector, and for the military". Without those eyes, many of which are already beyond their expected lifespan, Douglas argues that the nation will be "more vulnerable" to all matter of threats.

Douglas also offers his thoughts on last week's comments by Trump's EPA Chief Scott Pruitt, claiming, in contradiction of well-established science, that the scientific evidence is lacking to prove that CO2 is the primary driver of man-made climate change. Douglas gives us a non-denier Republican perspective on the entire matter, noting that we "can't pollute our way to prosperity" and argues that "the final chapter is not written yet" when it comes to the GOP response to climate change. Somehow or another he remains "optimistic" that his party will come around to reality on that score...eventually. (I remain dubious.)

Also today: A new poll finds the (deadly) GOP/Trump plan to repeal and replace the Affordable Care Act is wildly unpopular among voters; Top Congressional Republicans repudiate Trump's wire-tapping claim against former President Obama; We take a few fairly salacious calls from listeners; and Desi Doyen joins us for the latest Green News Report...

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