We do our best to avoid being Pollyanna-ish on The BradCast. But not everything that happened on Tuesday (or since) has been terrible. Just a lot of it. But, in fact, some of it was quite good and worth taking notice! [Audio link to full show follows below this summary.]

Among our many stories today...both good, bad and otherwise...

• A quickly moving wildfire exploded northwest of Los Angeles on Wednesday, fueled by dry brush and wind gusts up to 80mph. As of Thursday afternoon it had scorched some 14,000 acres, burned through several homes, mansions, ranches and agricultural areas and threatens another 3,500 other structures in the suburban community. 10,000 residents have been evacuated. The so-called "Mountain Fire" was 0% contained at air time. "It's like trying to put out a blowtorch with a squirt gun," said a Ventura County Fire Dept. official in a climate changed wildfire season that has, so far, burned three times as much land as last year at this time.

• Speaking of California and climate, Democratic Gov. Gavin Newsom on Thursday called an emergency special state legislative session beginning next month "to protect our state against any unlawful actions by the incoming Trump Administration." He declared on Twitter that "California is ready to fight. Whether it be our fundamental civil rights, reproductive freedom, or climate action --- we refuse to turn back the clock and allow our values and laws to be attacked."

• AP announced late this afternoon that carpet-bagging hedge-fund billionaire and Pennsylvania's Republican U.S. Senate candidate Dave McCormick had defeated three-term Democratic Sen. Bob Casey on Tuesday, adding yet another pick up for Republicans in next year's U.S. Senate, where they are already set to take back majority control. (After we got off air, however, Democratic election attorney Marc Elias countered, "The Pennsylvania Senate race is not over," citing a statement from PA's Republican Sec. of the Commonwealth estimating another 100,000 ballots remain to be adjudicated in the race where McCormick currently leads by a reported 32,000 votes over Casey.)

• This morning, President Joe Biden took to the Rose Garden to offer his first public remarks since Election Day, following Kamala Harris' apparent loss to the lawless former President, noting, "You can't love your country only when you win,". By way of contrast to Trump, Biden vowed a peaceful transfer of power, lauded Harris' run, discussed the importance of democracy (even when ya lose) and offered encouragement to staffers and supporters by telling them that "setbacks are unavoidable, giving up is unforgivable." We share his brief remarks today in full.

• Protecting and/or expanding reproductive freedoms was on the ballot in 10 different states on Tuesday. Abortion rights won in seven of them, including Arizona, Colorado, Maryland, Missouri, Montana, Nevada, and New York. In fact, otherwise "deep red" MO became the first state in the union, since Roe v. Wade was overturned in 2022, to reverse a near-total abortion ban and enshrine reproductive rights into the state's constitution!

  Similar initiatives failed, however, in three states: Florida, Nebraska and South Dakota and for various reasons in each, which we discuss today. Most notably, in FL, the measure to restore freedoms and repeal the state's Big Government six-week ban was supported by a healthy 57% to 43% majority of voters. But the state mandates a 60% supermajority for adoption of Constitutional ballot amendments and, at the same time, Republican Gov. Ron DeSantis applied state muscle and seemingly unlawful measures to prevent passage.

  Politico's longtime Capitol Hill heath care reporter ALICE MIRANDA OLLSTEIN joins us today to break down what happened in each state, and where the never-ending battle for and against reproductive freedoms goes from here.

• In other good ballot measure news, voters in Washington state overwhelmingly rejected an attempt to repeal the state's landmark climate law, adopted two years ago under outgoing Democratic Gov. Jay Inslee. The new law slashes dangerous carbon emissions by charging fossil fuel polluters for their pollution. The law has already brought in some $4 billion for habitat restoration and hardening the state against the worsening ravages of climate change. Voters reportedly voted by a 24-point margin to keep the law in place!

• Finally, Desi Doyen is here with our first post-election Green News Report, with details on the troubling worldwide implications for climate under the incoming Trump Administration, as environmental groups vow to press forward. Also, details on both the wildfires in Los Angeles and the rare, late-season Hurricane Rafael which has knocked out power to Cuba (again) and is making its way into record warm Gulf of Mexico waters...

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I must try and keep today's BradCast summary short to finish up in time to watch tonight's Presidential Debate (which we will be covering in detail on tomorrow's program, natch.) [Audio link to full show follows this summary.]

We start off with breaking news out of Missouri, where the state's Supreme Court has overturned a lower court ruling that had blocked an abortion rights measure from appearing on this November's ballot. Now the measure --- enshrining the right into the state Constitution, if approved by voters-- will be on the ballot this year in the Show-Me State, along with about eight others, including Arizona, Colorado, Florida, Maryland, Montana, Nebraska, Nevada and South Dakota. That news is likely good for Democrats, who support the freedom for women and their doctors to determine their own medical procedures, and bad news for Big Government Republicans who don't. In the seven states where voters have been allowed to ring on reproductive rights since the corrupted SCOTUS overturned Roe v. Wade in 2022, all of them have sided with freedom, even the normally "deep red" states.

NEXT... We cover another right being attacked by Republicans, of late: the right to vote. In this case, the right for former felons in Nebraska, who have fully completed their sentences, including parole, probation and restitution, to register and participate as voters.

Back in 2005, the state adopted a law allowing former felons the right to register and vote following a two-year waiting period after completion of their criminal sentences. Tens of thousands were immediately re-enfranchised. Earlier this year, in April, in an overwhelmingly bipartisan vote of the state legislature, the two-year waiting period was removed. But in mid-July, just two days before the new law was to take effect, and advocates were gearing up to let folks know about it, the state's Republican Attorney General, Mike Hilgers, issued an advisory opinion that the new state law was unconstitutional and so was the twenty-year old measure adopted back in 2005! Furthermore, the state's Republican Sec. of State, Bob Evnen, used that opinion to notify election officials that registration for all former felons must immediately cease!

Voting rights advocates sued and the state Supreme Court is set to hear the case this week. In the meantime, however, chaos has ensued in the state, with former felons uncertain whether they can vote or even register to vote this year. Many, according to my guest today, journalist ALEX BURNESS of Bolts Mag, who recently penned an excellent deep dive article on this mess, are now afraid to register or vote at all, for fear of being sent back to jail for it. That, Burness explains, is largely the point of all of this.

Adding to all of it, as we discuss, is the fact that the Nebraska --- which is mostly a "red" state --- is one of just two that split up its Electoral Votes according to U.S. House Districts, rather than simply winner-take-all. This year, that means that, if Kamala Harris is able to win in all of the so-called Blue Wall States (MI, WI and PA) and all of the traditionally Democratic ones, she would wind up with exactly the 270 needed to win the White House...presuming she also wins the one electoral vote from Nebraska's 2nd District, which leans "blue". Tens of thousands of disenfranchised voters, however --- or, even just fearful ones --- in Omaha, could decide the Presidency this year.

"If you wanted to skew the electorate --- even by a few thousand votes in what could be a very close 2nd Congressional District, that could literally decide the presidency --- if you were looking for levers you could pull at this late hour, that's one of them," Burness tells me. "In fact, it's a very good one."

There is much more to discuss on all of these points with Burness today, including the outrage of using a Jim Crow-era law to suppress the vote in 2024, and the irony that 34-time convicted felon Donald Trump is allowed to run for President of the United States, even while former felons who have served all their time are being prevented from even voting for or against him. A similar outrage is underway in a number of other GOP-controlled states, including Mississippi as Burness recently reported, this year.

THEN... We answer some very smart --- and, even, moving --- listener mail, including a snail mail letter we recently received, if you can believe it!

And FINALLY... Desi Doyen joins us for our latest Green News Report with coverage of the extreme heat and wildfires broiling California and elsewhere in the Western U.S., even as Hurricane Florence spins up seemingly overnight in the Gulf of Mexico, where it is now threatening Texas and Louisiana, including, potentially, New Orleans...

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Was the Trump Campaign really hacked as they've recently claimed? If so, was it actually by Iran, as they also claim? And, If so, isn't that a far greater threat to national security than the corporate media reporting on it seem to understand, so far? Those are just some of the questions asked and answered on today's BradCast. [Audio link to full show follows this summary.]

BUT FIRST... before we get to our guest today with answers to those questions, another tropical storm has spun up very quickly this week in the record hot Atlantic Ocean. Desi Doyen has the latest today on the climate change-fueled Hurricane Ernesto as it blows by Puerto Rico, which is still rebuilding its crippled power grid from previous storms, and heads toward Bermuda.

NEXT... it was primary Election Day on Tuesday in Connecticut, Vermont, Minnesota and Wisconsin with Congressional and state primaries and even some ballot initiatives for good measure. We've got several noteworthy reported results from all four states after what appears to have been a smooth Election Day in all of them, along with a look ahead and what a number of the contests may portend for November.

THEN... You probably saw the headlines over the weekend about someone calling themselves "Robert" approaching Politico, New York Times and Washington Post with what they claimed to be internal Trump Campaign documents, such as vetting documents for GOP Vice Presidential candidate J.D. Vance. You probably also heard that the Trump Campaign is claiming they were hacked by Iran, and that Microsoft, just one day earlier, had issued a security bulletin [PDF] stating that a hacking outfit tied to Iran had "sent a spear-phishing email to a high-ranking official of a presidential campaign from a compromised email account of a former senior advisor." (That "former senior advisor" appears to be federal convict, Republican dirty trickster and longtime Trump buddy, Roger Stone.)

So, are all of those things actually connected, as the Trump Camp is claiming? And, after Donald Trump repeatedly lauded the publication of internal campaign email documents hacked from the Clinton Campaign by Russia in 2016, how hard should we now be laughing at his own 2024 Campaign spokesperson warning: "Any media or news outlet reprinting documents or internal communications are doing the bidding of America's enemies"?

It's difficult not to chuckle at how the worm has turned, but for our guest today, national security journalist MARCY WHEELER of Emptywheel, joining us to explain what is seemingly being missed by the mainstream coverage of the events --- accurate or not --- as noted above.

First, we try and sort out with Wheeler what is actually known versus still speculative, and how much of it could amount to Team Trump conflating events in hopes of playing the victim and/or protecting themselves from the publication of documents said by "Robert" to be marked as "privileged & confidential". It's certainly interesting to compare how the media have treated these internal campaign documents versus Hillary's in 2016.

But the larger concern, as Wheeler reports this week, is that since Trump doesn't seem to firewall his Campaign documents from the legal documents related to the many criminal cases against him, there are very serious concerns that whoever hacked his campaign emails --- if, in fact, they did --- may also have gained access to highly classified information related to those cases, such as the felony charges he is facing in Florida for having stolen highly classified national security information when leaving office in 2021.

"Donald Trump has not firewalled his campaign from his crimes," Wheeler tells me today. "If you were to hack their computer, it would be a gold mine. It would be a gold mine that would make all of us less secure."

"Remember, we know one of the documents charged against Donald Trump [in the stolen documents case] summarizes the 2019 plans against Iran if they attacked us," she warns. Also, there were documents pertaining to what we know about Iran's nuclear program. She says that, if in fact you have hacked email accounts from the law firm that was vetting J.D. Vance, "then you're getting a lot closer to things that go to Trump's stolen documents case. That's one of several reasons where, if the Iranians were successful, as Russia was [in 2016], you could have a snowballing effect on the national security implications here."

"Most normal humans beings firewall these things," Wheeler asserts, while detailing the way Trump's campaign business is known to have been co-mingled with his legal defense funding and more. "Donald Trump has never kept those separate. We know he hasn't kept them separate. Those are the reasons why the fact that Donald Trump may have been hacked raise additional concerns."

And, oh yeah, there is the newly revealed evidence, via the Dept. of Justice, that someone linked to Iran was recently working on an assassination plot against the former President. That, too, as she details today, plays into this initially hilarious and, on second thought, potentially horrifying turn of events...

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"Thank you, Madame Vice President, for the trust you put in me," he said as he began his remarks during their first public appearance together as running mates on the 2024 Democratic ticket. "But, maybe more so, thank you for bringing back the joy." We send our thanks in return on today's BradCast. [Audio link to full show follows below this summary.]

But, very quickly before we get there today, we've got a few of the noteworthy reported results from Tuesday's largely problem-free (so far) Congressional and state primary elections in Michigan, Missouri, Kansas and Washington state. And a few thoughts on Donald Trump's latest pathetic attempt to remain relevant by endorsing more than one --- sometimes all of the top contenders --- in the same Republican primary race. What a loser.

THEN... it's on to our roundtable guests today, who seem to be in a very good mood for some reason, after the Democrats' now official 2024 Presidential nominee, Vice President Kamala Harris, tapped Minnesota's progressive Governor Tim Walz as her VP candidate on Tuesday.

Walz, as we discuss, has a life and political biography that, if he was a fictional character in a political miniseries, you'd think the writers had laid it on a little thick. But, sure enough, Walz' extraordinary career and accomplishments --- born in rural Nebraska; 24 years of decorated service in the Army National Guard; 20 years as a high school teacher and state champion football coach; 12 years in the U.S. House; and two wildly effective terms as MN Governor, including the passage of a slew of popular progressive priorities --- all seem quite real. AND, it has all been carried out, it seems, with much of the same "joy" he thanked Harris for "bringing back" during their first joint appearance on Tuesday in Philadelphia.

Now, as the Dem ticket's poll numbers continue to surge, the pair is off and running with joint appearances in at least five battleground states this week, while Trump is set to appear in, well, just Montana for some reason.

We're joined again today for another one of our weekly roundtables with two very smart and fellow old school bloggers, HEATHER DIGBY PARTON of Salon and Hullabaloo, and 'DRIFTGLASS' of The Pro Left Podcast. They were last on the show together just three weeks ago. But, boy howdy, was that a different world, as Dems were still trying to figure out how to survive with Joe Biden at the top of their ticket following his disastrous late-June debate performance. What a difference three weeks makes.

Today, we are focused on the selection of Walz as VP and what all of that means for both the electrified Dem and seemingly stultified GOP tickets. By way of just a quick sample from our conversation today, from both guests in response to Harris' selection of Walz...

There is much more where all of that comes from today, on how the progressive AOC and rightwing Joe Manchin are actually in agreement that Walz is an "excellent decision" and "the real deal"; on Team Trump's hilariously flatfooted response; on the one option the GOP could (but won't) deploy to turn things around; on "mind[ing] your own damn business"; on Minnesota/San Francisco/American values; on whether Trump could ever dump Vance; on whether the Dem momentum can continue for another 90 days; on Trump's bizarre post-Walz meltdown; and much more...

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The May 3 article that appeared in UCLA's campus newspaper, the Daily Bruin, was disturbing but not surprising. The LAPD stood idly by as a group of "tear gas" wielding, pro-Israel "counter-protesters" violently attacked a pro-Palestine protest encampment. The attack reportedly went on for nearly four hours before the LAPD moved in, not to stop counter-protester violence, but to breakup the encampment.

In a formal Statement, staff members of the UCLA History Department noted:

The history professors chastised both University of California administrators and the LAPD for their "disregard" for "students' safety and their right to express their views."

The professors weren't the only ones to express concern for law enforcement's failure to intercede as pro-Israel "counter protesters" violently attacked the encampment. California's Democratic Gov. Gavin Newsom, according to the Los Angeles Daily News, "called for investigations into [why the] pro-Israeli counter-protesters' attack...was allowed to rage for several hours with little to no police intervention."

Sadly, the story, as recounted by the Daily Bruin and the UCLA history professors, is on the continuum of well over a century of right-wing bias on the part of local, state and federal law enforcement against those who exercise First Amendment rights to engage in non-violent strikes or in peaceful, anti-war, environmental, and civil rights protests....

We covered so much territory on today's BradCast that I'm having trouble writing about all of the seemingly disparate pieces in a cogent narrative here. So I won't try. I'll give you the pieces, and hopefully you will listen to the show to see how it all ties together (or doesn't). [Audio link to full show follows below this summary.]

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

• Wednesday's mass shooting at the Kansas City Chief's Super Bowl victory rally; Wednesday's mass shooting at an Atlanta high school; President Biden's official response.

• Special Counsel Jack Smith's speedy filing [PDF] at SCOTUS in response to Donald Trump's continuing attempt to further delay his federal trial related to his attempts to steal the 2020 election with his absurd claim that Presidents enjoy "absolute immunity" for any and all crimes committed while serving in office.

• New York State Judge Juan Merchan on Thursday confirmed Trump's trial will begin on March 25 on 34 criminal felony charges related to hush-money payments made to a porn star to help him win the 2016 election. The judge rejected Team Trump's argument that sitting for a trial related to cheating to win the 2016 election will hamper his efforts to win the 2024 election. The trial is expected to last for six weeks.

• A salacious sidebar to the 13 criminal felony counts Trump is facing in Georgia for his failed conspiracy to steal the state's 2020 election played out in a Fulton County courtroom on Thursday. A defiant District Attorney Fani Willis responded on the witness stand to charges from one of Trump's 18 alleged co-conspirators that the D.A.'s romantic relationship with one of the prosecutors on the case was either inappropriate or somehow a conflict of interest effecting the charges brought against Trump and his co-defendants. Willis was defiant in her response to questions and her testimony will continue on Friday.

• BREAKING DURING SHOW!: A former FBI informant named Alexander Smirnov was arrested and charged with lying to government officials in the summer of 2020 about Joe Biden and his son Hunter receiving millions of dollars in bribes from Burisma, a Ukrainian energy company. Those lies have been a central part of Trump and Rudy Giuliani and House Republicans' phony, years-long attempts to smear the Biden family and impeach President Biden. Today's felony charges were filed by Trump-appointed Special Counsel David Weiss, who was tapped by Trump A.G. Bill Barr five years ago to try and find dirt on the Bidens. He found it instead on those spreading the dirt.

• A few thoughts on how corporate mainstream media headlines, social media posts and mobile phone alerts can dangerously distort news.

• A few thoughts on how Phoenix, Arizona media outlets 3TV and CBS 5 are seemingly doing the bidding of the fossil fuel industry while pretending to be consumer advocates. We details some of their dishonest and misleading coverage of the cost of battery replacements for hybrid Electric Vehicles. Sadly (and shamefully), they are not the only media outlets undermining humankind by doing the bidding of Big Oil in misreporting on EVs in America.

• Finally, Desi Doyen joins us for our latest Green News Report, with sad news on a mysterious and massive oil spill on the pristine beaches of Trinidad and Tobago; big changes happening in Greenland as it continues to get warmer and greener; and how climate change is now coming for your chocolate...

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A tranche of newly unearthed documents offer a clearer understanding of Team Trump's failed attempt to steal the 2020 election on today's BradCast, in which we also cover yet another better-than-expected Special Election Day for Democrats on Tuesday. [Audio link to full show follows this summary.]

First, some of the breaking headlines on today's horrific mass shooting at the end of the victory rally for Superbowl champs, the Kansas City Chiefs. Not much is known as of airtime, beyond one dead, more than 15 injured and two (now three) said to be in custody, according to Missouri state officials.

Then, the House GOP, on behalf of the disgraced, twice-impeached former President was finally successful on Tuesday in passing Articles of Revenge Impeachment against Homeland Security Secretary Alejandro Mayorkas. The do-over vote follows their embarrassingly botched effort at same last week. This week, they were able to pass the Articles by one single vote, 214-213, against three Republican defectors and a unified Democratic caucus for "charges" that are not even close to the "High Crimes and Misdemeanors" mandated by the Constitution. Both Articles are expected to die, one way or another, over in the Senate, where even Republicans have shown little interest in the charade.

GOP House Speaker Mike Johnson had to get those Articles passed yesterday, however, given what New York voters did on Tuesday, when the seat in the state's 3rd Congressional District, formerly held by disgraced, expelled and indicted con-artist, Rep. George Santos, was flipped from "red" to "blue" by former Democratic Rep. Tom Suozzi. He easily defeated Republican Mazi Pilip by almost 8 points in Tuesday's hotly-contested Special Election, according to the latest reported numbers. That was almost twice the margin predicted by even the most optimistic pre-election polls. The Dem victory in New York (and another in Pennsylvania on Tuesday night --- by 36 points!), again underscores the dearth of issues that Donald Trump's dysfunctional Republican Party has to run on or offer voters this year. Had House Repubs waited just one more day to vote on Articles of Impeachment, they would have lost again.

More apparent good news for voters and Democrats this week in Wisconsin, as the Republicans who control the wildly gerrymandered state Senate and Assembly have passed legislation to adopt new legislative district maps in advance of the 2024 elections, as ordered by the state's Supreme Court. The new maps are ones created by Democratic Governor Tony Evers. And though they don't promise a Dem majority for this year's elections, they do appear to be much fairer for voters. For more than a decade the GOP's gerrymandered maps resulted in nearly twice as many Rs as Ds in the state legislature in the otherwise very closely divided state. State Republicans approved Evers maps because they fear if the High Court selects a map it will be even worse for them. Evers has suggested he plans to sign the legislation.

Meanwhile, as Democrats continue to out-perform in 2024 elections, Republicans are busy in court defending their criminal efforts to steal 2020. A fake elector in Michigan on Wednesday testified that he was lied to by party officials that state legislators could select the phony Trump slate of electors over those for Biden, who state voters actually chose. This particular fake elector has decided to cooperate with prosecutors while 15 others are now facing serious jail time for their alleged conspiracy to forge phony Elector certificates.

And this week, we've got new news from the man who invented the fake electors scheme in the first place. A massive trove of emails, text messages and other documents have been turned over to Michigan prosecutors by former Team Trump attorney Kenneth Chesebro and obtained by our guest today, investigative journalist JOSH KOVENSKY of Talking Points Memo. He has been detailing the documents in a new multi-part series this week at TPM which explores the attempted coup, hoped-for chaos, and the plan to pressure friendly members of SCOTUS.

Chesebro first dreamt up the fake elector plot for his own home state of Wisconsin in 2020, before he was asked by Team Trump attorneys, such as the disgraced John Eastman and Boris Ephstyn, to apply the same scam for phony electors in about seven swing-states following Trump's loss in November. They would be instrumental to the Trump team's failed legal efforts to steal the election.

The Chesebro documents shed new light on the failed "legal coup" which, as Kovensky reports, was not meant to be a one-day insurrection on January 6th, 2021, but to result in enough legislative chaos and trumped-up "questions" about the veracity of certified election results to force the U.S. Supreme Court to eventually settle the election themselves, ala Bush v. Gore twenty years earlier.

"What they really wanted was a stalemate in Congress" on January 6th, Kovensky explains. "And in that time, they would have used that stalemate to draw the country's attention to Congress, and then use that attention to put forth the campaign's completely nonsensical theories of voter fraud. That was the idea."

"If you talk to people who were around this, they'll say, 'Yeah, the invasion of the Capitol on January 6th destroyed that plan. Because it did draw attention to Congress, but there were no members of Congress there to make the case that there was voter fraud in the election," he tells me.

"The way the legal coup was meant to proceed was by halting the count," as detailed in the new docs obtained and reported out by Kovensky. "That's the key similarity between what the rioters on Jan. 6 ended up achieving by violent means and what the lawyers were trying to achieve just by procedural means. Which was that the count would have been stopped, [but] it would have been stopped indefinitely until potentially the Supreme Court stepped in to act and appoint Trump the winner."

So how did Chesebro --- who, until now, has not appeared, at least, to be a hard-right partisan ideologue along the lines of Eastman and Ephsteyn --- find his way into the vortex of Team Trump and the "legal coup" they were hoping to pull off? What is he hoping to accomplish by turning over these documents to prosecutors in MI and elsewhere since pleading guilty to one felony charge with no jail time in Georgia last year in exchange for testifying against his fellow conspirators? Will Trump be able to use Chesebro's documents and testimony to help himself in his own trials regarding his attempt to steal the 2020 election?

All of those questions and many more asked and answered about "The Cheese" and his documents on today's BradCast...

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I'd say Tuesday was a high (or low?) watermark for GOP failure, but on The BradCast, we think it wise to never under (or over?) estimate them. [Audio link to full show is posted below this summary.]

Among our many stories covered today...

• Nikki Haley lost the one-person Republican Presidential Primary in Nevada by more than 30 points. (To be fair, it's not entirely her fault. Donald Trump rigged it. And he's setting up Republicans in the state for failure this November regarding the state's voting systems.) Joe Biden reportedly won his mostly one-person Democratic Primary in the state on Tuesday with nearly 90% of the vote.

• With three different swing-state GOP state Chairs (in Florida, Arizona and Michigan) ousted in recent weeks in scandals related to allegations of rape, bribery, or financial impropriety (and Nevada's GOP Chair heading to criminal trial in a few weeks for forgery as a fake 2020 elector), Trump's once-favored Chair of the RNC, Ronna Romney McDaniel, is being pushed out in the middle of a Presidential election year. Why? Trump's MAGA faithful are trying to find someone, anyone ... anyone but him ... to blame for their repeated, post-2016 election humiliations. Why not Ronna?

• But the humiliation continued on Tuesday, as newly tapped and freshly failed GOP House Speaker Mike Johnson engineered what Wall Street Journal described as "an embarrassment for the party", Punchbowl called "one of the most embarrassing days in recent House GOP history" (which is saying quite a lot!), and WaPo raved: "a stunning rebuke" for a months-long impeachment probe by Republicans hoping to identify "High Crimes and Misdemeanors" by Dept. of Homeland Security Alejandro Mayorkas. Turns out, they couldn't even convince their full caucus that he'd committed any, and one heroic Dem showed up from his hospital bed amidst chaos on the House Floor to deliver Johnson and Marjorie Taylor Green's phony impeachment scheme an embarrassing final blow. At least for Tuesday night, in the first impeachment vote ever against a sitting member of the Executive Branch.

• Actually, it wasn't the final blow on Tuesday night for House Republicans. Johnson held a subsequent vote for aid to Israel. It also went down in humiliating flames.

• All of that comes on the heels of Congressional GOP insistence that they would block any aid package for Ukraine --- now facing a very real existential crisis and invasion from a hostile neighbor --- unless the bill included a massive amount of money for the U.S. southern border, where Trump and Republicans pretend there is an ongoing "existential crisis" and "invasion". So, Dems gave in and agreed with Senate Republicans to add a very hard-right border deal to the aid package --- only to see Trump throw a fit at a possible real solution for the only real(ish) election year issue he seems to have left. So now House Republicans are vowing they will only consider an aid bill for Ukraine (and Israel and Taiwan) if it doesn't include money for the U.S. southern border. Seriously. It's as insane and stupid and dysfunctional and embarrassing as it sounds. And, it might even be hilarious, but for the fact that democracy remains on the brink in Europe, as the near-entirety of the Republican Party now cowers to the personal whims of their four-time indicted cult leader.

• Popular Republican criminal, pretend fake "pimp", and definitely fake "journalist" James O'Keefe quietly issued a tweet on Monday night, admitting that his reporting on 2020 election fraud in Pennsylvania was "wrong" and that he is "aware of no evidence or other allegation that election fraud occurred in the Erie [Pennsylvania] Post Office during the 2020 Presidential Election.” It took him four years and a begrudging lawsuit settlement to "correct" his false story about supposed massive mail ballot fraud by the USPS. Trump continues to fraudulently pimp that nonsense to this day. All of this on the heels of O'Keefe being pushed out of his own fake news organization, called Project Veritas, last year amid allegations of financial malfeasance and abuse of employees. Or, as his partner in the 2010 fake ACORN "pimp" hoax videos described it when quitting the group herself in December: "an unsalvageable mess --- one wrought with strong evidence of past illegality and financial improprieties."

• Finally today, some listener mail with an important coda to our mind-blowing interview on Tuesday with Susan Greenhalgh, election integrity advocate and consultant on the just-completed civil suit trial by Marilyn Marks and the Coalition of Good Governance against the State of Georgia and its Sec. of State Brad Raffensperger. The suit seeks to move the state from easily-hackable, unverifiable touchscreen voting systems to verifiable hand-marked paper ballots; And, some email on Taylor Swift and the Superbowl, which I thought we decided we wouldn't be discussing this week on The BradCast?!!...

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With two major stories in the last several days regarding Alabama and the U.S. Supreme Court, it seemed like another good opportunity to bring their former Governor onto The BradCast to discuss both matters. [Audio link to full show follows this summary.]

First up, a bit more from where we left off last week in my rant about the 2024 election coming down to the ongoing existential battle between democracy and autocracy as, sadly, represented largely now by the two major political parties. Democrats largely represent the pro-democracy forces, while the Republican party now, by and large, firmly on the side of the autocrats from Donald Trump on down to the state and local level.

Just one example this week comes out of my old home state of Missouri, where the state Supreme Court unanimously ordered its state Attorney General Andrew Bailey last week to approve the certification for a Constitutional ballot measure that would enshrine the right to make personal decisions about abortion, birth control, childbirth and other issues related to pregnancy directly into the state constitution. That, in a state with one of the most draconian bans on reproductive rights in the nation.

Bailey had been holding up the measure for 135 days for a process that usually takes his office just over 50 days. He had been claiming that the State Auditors assessments that the measure might cost the state about $50,000 a year was "drastically" wrong, and that it would actually cost the Show-Me State some $12 billion instead! Either way, the state Supremes held that the A.G.'s office has no statutory right to hold up signature gathering for a ballot initiative based on his own personal disagreement with a State Auditor's cost assessment.

The MO A.G. is hardly the only GOP state official of late to simply defy the law, the courts and the Constitution. Republican lawmakers in Ohio recently engineered a special election for August 8 --- in defiance of their own law passed just months ago that largely bans August elections --- in order to feature a Constitutional measure to raise the approval percentage needed to enact a ballot initiative from 50% to 60%. That, just in time to interfere with an abortion rights ballot measure in November. The state GOP's measure on the ballot next month to make future initiatives more difficult for voters to adopt, of course, will require only 50% for passage.

Ohio's Republican lawmakers also spent the last year simply ignoring orders from the state's Supreme Court to redraw partisan gerrymandered U.S. House districts. And, last week, the GOP legislature in Alabama simply chose to defy the U.S. Supreme Court which, in June, ordered the state to redraw their House maps to include two Black-majority voting districts. Currently, the state has just one such district out of seven U.S. House seats, despite Black voters comprising more than a quarter of the state's voting age population.

While shamefully approving a new map drawn in a special session last week with just one Black majority district again --- it was signed by Republican Gov. Kay Ivey just hours later --- the state had no problem following a separate SCOTUS ruling last week that allowed them to kill a prisoner, even though three prior attempted executions were a disaster in the state. Two were called off indefinitely as officials couldn't figure out how to find a vein to insert an IV, and the other one took three hours to complete. The three liberals Justices dissented from the Court's six, corrupted, blood-thirsty rightwingers.

We're joined once again today by Alabama's former Gov. DON SIEGELMAN, the last Democrat to serve in that role, after being the only one in state history to serve in all four statewide positions, SoS, A.G., Lt. Gov. and Gov.

Early last month, Siegelman joined us to discuss an op-ed he'd written for WaPo with Alabama's former Republican Gov. Robert Bentley on the death penalty, with the two men conceding that they had come to regret presiding over the barbaric punishment, largely thanks to so many instances of prosecutorial misconduct --- particularly in cases where Black men are convicted and executed.

We picked up on some similar themes today in the wake of last week's SCOTUS ruling and the state killing of James Barber. "It's tragic," Siegelman tells me today. "But the worst part is that we have 167 on Alabama's death row. 115 of those people are sentenced to death growing out of an 1870 Jim Crow law that took Alabama from a state that required a unanimous jury to execute people to one now that allows someone to be sentenced to death on a jury recommendation that is non-unanimous. To my knowledge, Alabama is the only state in the country that is continuing this practice."

"We also have the distinction of having 31 people on Alabama's death row who were not sentenced to death by a jury, but sentenced to death by a judge who overrode the jury," he explains. "The jury recommended life in prison without parole, and the judge said, 'No, I think I'm going to go ahead and kill you anyway.'"

Siegelman also emphasizes that, "If we want to end wrongful prosecutions, if we want to end mass incarcerations, if we want to end the abuse of power by police, prosecutors --- and, I would say, by Presidents --- we've got to repeal the immunity that's been given to prosecutors," when they purposely mishandle a case.

As to Alabama Republicans stunning defiance of last month's Supreme Court order to add a second Black majority U.S. House district in the state under the Voting Rights Act, Siegelman argues: "I would hope the federal court would take action if their order is disobeyed. Including sending U.S. Marshals to pick up the state Attorney General and put him jail for a little while until he comes to his senses."

That's no small assertion from a former state Attorney General himself. Siegelman's got a lot more to say about the matter today, but hopefully that comment will entice you to tune in for our full conversation...

NOTE: We have covered Gov. Siegelman's personal story many times over the past two decades, before, during and after his time as a political prisoner as he was targeted for prosecution by a corrupt Republican cabal, including Karl Rove, state officials, and a federal judge who was eventually forced to resign after being arrested for beating his wife. Alabama's Governor from 1999 to 2003 and the only Democrat to serve in every statewide office, Siegelman tells his story in full in his 2020 book, STEALING OUR DEMOCRACY: How the Political Assassination of a Governor Threatens Our Nation.

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On today's BradCast: The whole scam seems to be collapsing in on them. Sad! [Audio link to full show is posted below.]

• Jack Smith exists!: Seriously! Here's video proof!

• Trump troubles: Last week, a former U.S. Air Force intelligence officer was sentenced to three years in federal prison for unlawfully keeping classified documents related to national defense in his home. If he got three years for what he reportedly did, life should be getting very very difficult for what Donald Trump did when he stole thousands of pages of documents, many of them highly classified, upon leaving office, stored them at his home, and obstructed attempts by the federal government to retrieve them. A former federal prosecutor believes an indictment in Special Counsel Jack Smith's stolen document case against the former President could come as early as "this week". Given the Trump attorneys meeting at DoJ on Monday, and the apparent panic exhibited by Trump at his dumb social media site thereafter, that prosecutor could be correct.

• More trouble for more GOP "voter fraud" fraudsters: Last week, longtime GOP fraudster and fake journalist James O'Keefe was sued by his own fake news organization for abusive behavior and allegedly ripping off the company, including, for example, for $150,000 in luxury car services. This week, Catherine Engelbrecht and Gregg Phillips, the "voter fraud" fraudsters behind the discredited 2,000 Mules film and who run the phony, rightwing True the Vote nonprofit, were called out in a complaint to the IRS for allegedly violating state and federal laws in using the nonprofit to enrich themselves with unlawful loans, unreported lucrative contracts and other apparent self-dealing.

• Kurt Cut the Wires: Since 2020, we've been reporting on Republican election officials unlawfully breaching, copying, and distributing computerized voting system software in states such as Colorado, Michigan, Pennsylvania and, in most detail (where there is more coming soon, methinks), Coffee County, Georgia. Those incidents appear to have been part of a multi-state conspiracy overseen by disgraced Trump lawyer Sidney Powell and hatched in the Oval Office with Donald Trump and others on December 18, 2020, according to testimony given to the House January 6 Committee. But, in what appears to be a separate (if somewhat related) incident this week, a nonprofit group in Missouri is calling out the Director and Deputy Director of Elections in the very right-leaning town of St. Charles for breaking the seals on voting machines and cutting wires inside them to prevent what they believe is the ability for the systems to connect to the Internet. Tampering with voting systems is a violation of several state laws. And these yutzes, Director Kurt Bahr and Deputy Director Mark Parkinson, appear to admit to the whole thing. On video tape. Viewable at KurtCutTheWires.com.

• Unequal justice: Last year, just before the primary elections in Florida, Gov. Ron DeSantis called a televised press conference in the Democratic stronghold of Broward County to announce the arrests of 20 former felons for voter fraud just days before the state's 2022 primary elections. The stunned and mostly people of color --- who were allowed to register and vote by the state --- were rounded up on video tape for what DeSantis declared to be unlawful voting as former felons convicted on charges related to murder or sex crimes. But, as the Orlando Sentinel reports this week, a State Attorney in a Republican stronghold, just months earlier, "declined to prosecute six voter fraud cases that involved circumstances strikingly similar to the cases later brought against 20 ex-felons by Gov. Ron DeSantis' election police unit and statewide prosecutors." Those cases were dismissed because, as the prosecutor determined, their fraud was "not willful"...just like the 20 who DeSantis had rounded up and arrested in Broward just days before last year's elections. Despite DeSantis' promise at his presser last year that there would be more arrests, there have only been four. The six from Republican Lake County are not among them.

• GNR returns!: Desi Doyen is back with our first Green News Report since returning from a much-needed break last week. Somehow, she manages to get us all caught up with everything we missed and in just 6 minutes!...

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With their policy positions wildly unpopular among Americans, is it any wonder that Republicans are now doing little more than lying about their beliefs, crashing the economy, using the government to funnel money to wealthy campaign donors, and otherwise adopting laws, where ever they still can, to prevent non-Republicans from winning elections? And those are their non-violent strategies, as detailed on today's BradCast. [Audio link to full show is posted below this summary.]

Among our many stories today...

• A 19-year old from Missouri, apparently with a Nazi flag in his rented truck, is charged with "threatening to kill, kidnap or inflict harm on a president, vice president or member of their family; assault with a dangerous weapon; reckless driving; destruction of federal property; and trespassing," after attempting to ram the truck into Lafayette Square across the street from the White House on Monday night. MAGA Republicans online seem to think the Nazi flag was an FBI setup to make them look bad. They may not have thought through that argument very well.

• TAP's Ryan Cooper details the evidence that makes it plain as day that Congressional Republicans couldn't care less about the national debt or budget deficits in their pretend case against raising the statutory (and, almost certainly unconstitutional) Debt Ceiling law. If they actually cared about the debt or deficits, they wouldn't oppose raising revenue, among other things. But House Speaker Kevin McCarthy's fight, on behalf of his party, is not about debt. It is about using terrorism to crash the economy in hopes of hurting Democrats before the next election. They've been pulling this trick for years now. Perhaps Democrats should stop falling for it?

• According to separate reports from WaPo and NYT last night, Special Counsel Jack Smith has subpoenaed information from the Trump Organization on its business dealings with China, France, Turkey, Saudi Arabia, Kuwait, the United Arab Emirates and Oman since 2017, as part of his probe of the documents, many of them highly classified, that Donald Trump stole from the White House upon leaving office. Now why would Smith want to do that?

• Trump appeared remotely in New York court today to be instructed by the judge overseeing his 34 felony count indictment in the Stormy Daniels hush-money case, that he may not share certain evidence from prosecutors over social media. He may not even view some of it without his lawyers present. A date was also set for the beginning of his trial, on March 25, 2024, smack-dab in the middle of next year's Presidential primary season. Should be fun.

• In a somewhat more immediate Trump Criminal Accountability Calendar Item, Fulton County, Georgia District Attorney Fani Willis has now informed Fulton's Chief Judge that, other than leadership and "armed investigators", the bulk of her staff will be working remotely from July 31 though August 18. That syncs up with dates that Willis previously suggested indictments were likely to be brought in her office's investigation "into possible criminal interference in the administration of Georgia’s 2020 general election". She requested that "judges not schedule trials and in person hearings during the weeks beginning Monday, August 7 and Monday, August 14." So, yeah...mark your calendars. It may get hotter than usual in Atlanta this summer.

• We would have covered the above story sooner, but it came out as I was being deposed last week in a lawsuit [PDF] filed by the Coalition for Good Governance against Georgia's SB202 voter suppression law. I am a named plaintiff in the case, representing media, regarding provisions of this terrible bill that unconstitutionally chill and/or otherwise dangerously prevent press freedoms and public oversight of elections in the Peach State. While my three-hour depo last week went very well, I believe, I'll hold more specific thoughts for later, as other plaintiffs in the case are still going through their own depositions. But, another provision being challenged by CGG in this terrible bill --- best known for blocking the distribution of food or water to voters waiting in line to vote --- is a scheme that allows the State to replace entire, elected, local Boards of Elections with a single appointee of the Secretary of State's choosing. That wildly undemocratic provision, supported by GA's Republican Sec. of State, Brad Raffensperger, is now being echoed in...

• ...Texas! Lawmakers in the Lone Star State on Tuesday were voting on two bills that will allow local election officials to be replaced by someone chosen by the Republican Governor's hand-picked Secretary of State, and otherwise make it easier to interfere with local elections. However, these provisions only apply to Counties in Texas with more than 3.5 million voters. As it turns out, the only such county in the state that meets that requirement is Houston's Harris County, a now reliably "blue" part of a "red" state turning more "purple" by the year. If ya can't beat 'em...commandeer their elections and right to vote.

• Finally, Desi Doyen joins us for news on a massive cyclone now aiming directly for the U.S. territory of Guam after spinning up from almost nothing overnight to a catastrophic category 4 Super Typhoon today. That, followed by our latest Green News Report, with important news in the war over water in the drought-stricken U.S. west, and some great news about sweeping, landmark environmental and climate legislation being adopted by Minnesota, now that Dems have taken control of both chambers of the state legislature and its governor's mansion...

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There was far too much news to fit into one BradCast today. We tried to do it anyway. [Audio link to full show follows below this summary.]

Among our many stories...

• It was difficult to notice this week, but there was yet another very good election day on Tuesday for non-Rightwingers, including more bad news for MAGA World in several local contests around the country. In Lincoln, Nebraska, incumbent Mayor Leirion Gaylor Baird, supported by Democrats, defeated a well-funded opponent supported by the state's billionaire Republican U.S. Senator (and former Governor) Pete Ricketts and fellow billionaire publisher Thomas Peed. Gaylor Baird won by nearly 10 points. Apparently, ads describing Lincoln, the state capital, as a dystopian hellhole did not go over well with voters...in Lincoln.

• A MAGA election conspiracist and local elections clerk named Stephanie Scott (pictured above), was tossed out of her job in a rare recall election on Tuesday in Adams Township, Michigan in Hillsdale County, one of the state's most Republican-leaning areas. Scott is under state criminal investigation after refusing to turn over her town's computer vote tabulator in 2021, which she believed held evidence of fraud revealing Democrats had stolen the state's Presidential election in 2020. That, in a town that Trump/Pence won with 75% of the vote that year. (If the story sounds familiar, see Tina Peters, former Mesa County, Colorado Clerk, who has since been tossed out of her job and indicted on 10 counts.) This appears to be part of the multi-state MAGA conspiracy to breach voting systems, hatched at the Trump White House in December 2020, as we detailed again last week. Scott was defeated by a 2 to 1 margin on Tuesday by an independent challenger running on the slogan "Make Adams Township Boring Again".

• But, if ya can't beat 'em, suppress their vote! That seems to be the Republican plan for "winning" elections from here on out, apparently. After losing statewide ballot initiatives that would have restricted abortion rights last year, including in so-called "red" states like Kansas and Kentucky, the GOP is now hoping to game the ballot initiative process itself in several states. The most immediate and noteworthy is Ohio, where supporters of reproductive freedom hope to place an initiative on the ballot in November to establish a state Constitutional right to abortion. But Republicans, who just four months ago adopted a statute ending costly August elections, are now moving to place an amendment on the ballot in a $20 million Special Election in August that would raise the requirement for adoption of Constitutional Amendments from a simple majority vote to a required 60% for passage. (Ironically, the GOP lawmakers own Amendment, if voted on in August, would only require 50% to be adopted.) Other gerrymandered GOP states are now attempted to do the same thing, including Missouri, where Republican lawmakers there are doing something arguably even more insidious in their own attempt to fool voters into supporting their anti-democracy measure.

• And then there's Florida, where democracy goes to die. The state legislature has just passed a one of their final gifts to beleaguered Presidential hopeful Ron DeSantis: a 96-page law that will, among other things, severely restrict voter registration by nonpartisan third-party organizations. As recent research finds, Black and Latino voters are more than five times more likely to be registered by third-party groups than White voters. DeSantis is expected to sign the legislation soon as one of his last official acts before declaring his 2024 candidacy. It will be the third year in a row that Sunshine State Republicans have adopted new voting restrictions.

• A D.C. jury on Thursday convicted four members of the far-right, racist militia group, Proud Boys, of seditious conspiracy, obstructing an official proceeding, conspiring to impede Congress from performing its duties, obstructing law enforcement and other federal crimes related to their participation in Donald Trump's Jan. 6, 2021 insurrection at the U.S. Capitol. The charges for conspiracy and obstruction of an official proceeding both carry sentences of up to 20 years in prison. Their former leader, like Donald Trump, was not even at the Capitol during the riot, but was among those found guilty. All of that good news is likely very bad news for the former President and the specific federal charges likely to soon be brought against him.

• In still more bad news for Trump today, his lawsuit against the New York Times and several of their reporters, charging an "insidious plot" to obtain his tax records resulting in Pulitzer Prize-winning reporting by the paper, was tossed out by a New York judge on Wednesday. Moreover, the judge --- finding Trump's claims "fail as a matter of constitutional law" and that the paper's newsgathering efforts were "the very core of protected First Amendment activity" --- ordered Trump to pay all of the attorneys fees, legal expenses and other associated costs for the Times and their reporters.

• ProPublica strikes again. First they revealed that GOP megadonor Harlan Crow showered U.S. Supreme Court Justice Clarence Thomas for decades with hundreds of thousands of dollars in luxury vacations which he unlawfully failed to disclose. Then they reported that Crow had actually purchased Thomas' mother's house from him, made nearly $40,000 worth of improvements to it, and has allowed the corrupt Justices mom in it, rent-free, ever since. None of that was ever disclosed by Thomas either, in violation of the law. And now, on Wednesday, they did it again. Their latest bombshell scoop documents how Crow's company paid for years of tuition to private schools for Thomas' grandnephew who the nation's longest serving Justice says he raised "as a son" since taking legal custody at the age of 6. The tuition for the boy, now in his 30s, amounted to approximately $100,000. Congressional Republicans continue to applaud the unspeakably corrupt Thomas.

• Finally, as you haven't had enough already today, Desi Doyen joins us for our latest Green News Report to detail the unprecedented heat wave in Spain, as Italy's rivers dry up; the EU's passage of "the biggest climate protection law of all time"; and New York's adoption of a landmark law banning natural gas hookups in new building construction...

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IN TODAY'S RADIO REPORT: Oil prices spike after OPEC+ announces surprise production cuts; Good news and bad news with CA's record snowpack; More deadly tornadoes strike Midwest; PLUS: Biden Admin boosts clean energy in Coal Country, clean manufacturing, and cracks down on toxic mercury and lead water pipes... All that and more in today's Green News Report!

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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): 'Scary' new data on the last ice age raises concerns about future sea levels; Walmart will add thousands of EV charging stations to stores by 2030; Biden Interior announces $585 million for water infrastructure projects; Montana repeals state energy policy as climate trial nears; Study: Even a small increase in pollution raises risk for dementia; Melting Antarctic ice may strangle vital ocean currents; Bangladesh needs $1.7 billion a year for green energy transition; China slowly squeezing global carmakers out of its massive markets; N.Y. governor walks back push to 'weaken' climate law after uproar... PLUS: A push to turn farm waste into fuel... and much, MUCH more! ...

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

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

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

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

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

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

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

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

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

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Today on The BradCast: Naturally. Now they're coming for citizen ballot initiatives too. They really do hate democracy, don't they?

But, first up today... As we await several criminal indictments hopefully headed the way of our failed, twice-impeached former President, an order released by a federal Judge in Florida last night was particularly satisfying.

It came in response to a motion for sanctions by Hillary Clinton, James Comey, Andrew McCabe, Peter Strzok and more than a dozen other defendants in a failed lawsuit filed by Donald Trump and his latest foolish attorney/sucker, Alina Habba, last year. In fact, the first version of Trump's suit was so deficient and devoid of facts or even actual charges, U.S. District Court Judge Donald Middlebrooks was kind enough to allow them to refile it before dismissing the second, longer, but no better version with prejudice.

On Thursday night, Judge Middlebrooks, in a blistering (and I mean blistering) 46-page order [PDF], explained why he was granting the defendants' request for sanctions. He began thusly: "This case should never have been brought. Its inadequacy as a legal claim was evident from the start. No reasonable lawyer would have filed it. Intended for a political purpose, none of the counts of the amended complaint stated a cognizable legal claim. ... Thirty-one individuals and entities were needlessly harmed in order to dishonestly advance a political narrative. A continuing pattern of misuse of the courts by Mr. Trump and his lawyers undermines the rule of law, portrays judges as partisans, and diverts resources from those who have suffered actual legal harm."

And that's just the first two paragraphs! It gets even more brutally scathing from there, before concluding with an order for Trump and Habba to pay nearly $1 million to the defendants for the "completely frivolous bad faith" suit brought for "an improper purpose" amounting to "abusive litigation tactics." Perhaps most fun: the single biggest award of fees for a single defendant went to Clinton, who Trump must now pay almost $172,000!

Then, in more serious news today... Progressive citizen ballot initiatives did exceptionally well in 2022, on everything from abortion rights to the legalization of marijuana to the expansion of health care. Yes, even in so-called "red" states. As it turns out, progressive ideas seem to be wildly popular among voters of all stripes! And there is likely much more to come in 2023 and 2024, on abortion rights, minimum wage, gun safety, independent redistricting commissions and much more.

Therefore, in a number of states where Republicans have locked themselves into power with gerrymandered legislatures, they are moving toward making such statewide exercises in "direct democracy" more difficult to get onto the ballot in the first place, and hoping to make them harder to adopt by raising the threshold for passage, for example, from 50% to 60% where they can get away with it.

We're joined today by CHRIS MELODY FIELDS FIGUEREDO, Executive Director of the Ballot Initiative Strategy Center to discuss both progressive successes on statewide ballot measures around the country in 2022 and what the GOP is now doing to try and prevent those successes from happening again.

"That was a huge moment last year in a trend that I know is going to continue as we look at 2023 and '24, where we really see, in many states, that our elected officials are out of touch with the people," Figueredo tells me. "And in most states where they tried to limit the ability of the people to bring forth issues to their community through the ballot measure process, in most cases those were rejected in the states. So there's a lot of opportunity ahead of us."

But, she cautions, "We are seeing a direct backlash to what is happening across the country, of progressive issues winning when they're put before the voters. We're not seeing those changes, which the people say are urgent and important, through our representatives in government, whether it's at city council, whether it's at the state legislative level, and even in the federal government."

We've got a lot to discuss on all of this, including where the direct democracy ballot initiative process has seemingly been captured by corporate interests (in states like California) and about the dozens of states which still don't even allow citizens to place measures on the statewide ballot at all.

I'm also curious how much of the new blowback against such initiatives Figueredo attributes to the number of them in recent years that have instituted independent redistricting commissions in hopes of breaking gerrymandered strangleholds that the GOP still has on many state legislatures. "You have to connect the dots," Figueredo responds. "I think this is ultimately the question that is before us right now in our democracy. Is it of, for and by the people? And who ultimately has the power to make decisions for all of us? That's what's at stake right now."

"It's ultimately this question about power. You can connect the dots. And if we are looking at the ballot initiative process, or the initiatives in general, as a tool for power in our democracy, then yes, if you are an elected official who does not agree with people who may be your constituents and it doesn't fit your agenda, then your next step would be to undermine or weaken the will of the people."

There is much more in our conversation today, including what the U.S. Supreme Court may soon do to gut all such statewide initiatives regarding elections in their upcoming Moore v. Harper decision. Please tune in!...

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