We've got some pretty huge and long-overdue breaking news today from a federal court in Atlanta. It's huge enough that we dumped what we were previously planning to cover to devote today's BradCast to the judge's new order in a case that we have been following now for years. [Audio link to show follows below.]

U.S. District Court Judge Amy Totenberg, in a 153-page ruling [PDF], finds that Georgia's 100% unverifiable Diebold touchscreen voting systems, in use in the state since 2002, are not fit for U.S. elections because they are "unsecure, unreliable and grossly outdated". They are so unsecure, in fact, that they violate the Constitutional right of voters to have their votes counted as cast.

"Georgia’s current voting equipment, software, election and voter databases are antiquated, seriously flawed and vulnerable to failure, breach, contamination and attack," Totenberg writes.

She excoriates the state Defendants --- former Republican Sec. of State, now Governor Brian Kemp and current Sec. of State Brad Raffensberger --- for lying about facts and evidence in the case (though she is only slightly more polite in her wording, by describing the "Defendants' inconsistent candor with the Court") and for dismissing the many long-proven security concerns about these systems as "fantasy" forwarded by Plaintiffs.

While Judge Totenberg will allow the old Diebold touchscreen Direct Recording Electronic (DRE) systems to be used one last time in Georgia's municipal and county elections this November, she makes it clear they may not be used again in 2020 or thereafter under any circumstances. She also offers several hints that the state's recently selected new touchscreen systems, now planned to replace the old ones, may also be found unconstitutional in further proceedings, leaving the clear preference of cybersecurity and voting systems experts --- hand-marked paper ballots --- as the only option likely to meet requirements for auditability and Constitutionality.

We're joined to explain all of these details and much more today on what is a clear, overdue --- if not (yet) total --- victory, by plaintiff MARILYN MARKS, Executive Director of the Coalition for Good Governance. She has been joining us on the show for a number of years now with updates on each important aspect of this broad and gruelingly long case since filing it about two years ago. Marks calls today's ruling a victory not just for Georgia voters, but for those in many states where similar systems are now used --- including some where newer, if still unverifiable, touchscreen systems are being planned for use in 2020.

"The court ruled that DREs are unconstitutional. And that anybody voting on these things should be worried about their vote," says Marks. "Of course, this doesn't relate just to Georgia. The words of this federal court will be heard around the United States. Hopefully this will have an impact on other jurisdictions" where, she hopes, they will take notice of the judge's words recommending hand-marked paper ballots.

Marks explains that Judge Totenberg does not appear much happier with the new system Georgia now plans to use in 2020, though was unable to offer a finding on it, yet, given that the state just finalized their decision last week. But, Totenberg offered warnings about those new touchscreen computer Ballot Marking Devices (BMDs) in several places in the ruling, such as when she warned: "The past may here be prologue anew — it may be 'like déjà vu all over again.'"

Indeed, Marks says her non-partisan organization plans to seek an injunction on use of Georgia's new, equally unverifiable touchscreen systems as well, and that Totenberg, perhaps with that in mind, has ordered that a number of counties run hand-marked paper ballot pilot elections this year in advance of next year's Presidential primary elections. "We will absolutely be launching a constitutional challenge against Ballot Marking Devices," she vowed.

"Surely they realize that the hand-writing is on the wall and they've got to quit fighting for unverifiable elections. I would think Georgia voters are going to get pretty sick and tired of this. Most of these guys are elected officials, so I think that they need to consider the political consequences if they want to continue to fight for unverifiable elections."

As to allowing the old, unconstitutional systems to be used one more time in the state's 2019 municipal elections, Marks advises: "While they can be used in November, they shouldn't be used in November. Those people on the ballot, those people voting in the municipalities, should demand right now --- right now is the time to do it --- that their county, their municipality go ahead and use hand-marked paper ballots. They've got the equipment for it [since they already use hand-marked ballot systems for absentee voting across the state] they've got the know-how, they ought to do it."

In one other key element of this case, as Marks explains, the Judge also ordered a review of the state's electronic pollbook systems which resulted in failure and chaos and disenfranchisement during last November's general elections. She has ordered that polling places must have paper backup pollbooks on hand in elections moving forward, to avoid the disenfranchisement of voters when electronic voter registration systems fail on Election Day or are manipulated by malign actors.

"Just like with any computerized voting component, it can be hacked," Marks tells me regarding the state's ES&S ExpressPoll registration computers used in the Peach State's precincts. "There can be errors. There can be mis-programming. And that's been occurring in Georgia. [Judge Totenberg] asked us to bring her evidence. We brought her hundreds of affidavits of people who were turned away at the polls who should not have been. We brought her evidence of software problems in the e-pollbook system. And therefore she said, 'Enough of this! Go fix the system!'"

She continued: "I get it as to why computerized [registration] records can be very helpful here, but let's use some common sense. And the judge has said have a paper backup so that if there is a question that needs to be adjudicated, use the official paper backup. And look it up right there, and don't run people away from the polls. Give them their ballot."

In fact, in her ruling, the judge cites "threats of contamination, dysfunction, and attacks on State and county voting systems, disparaged by the Secretary of State’s representatives...as a fantasy and still minimized as speculative" by the Defendants as recently as a hearing in the case this year. That, Totenberg notes, despite threats "identified in the most credible major national and state cybersecurity studies and official government reports." She even cites "real life" incidents that "played out with the United States’ July 2018 criminal indictment of a host of Russian intelligence agents for conspiracy to hack into the computers of various state and county boards of election and their vendors as well as agents' efforts during the 2016 election to identify election data system vulnerabilities through probing of county election websites in Georgia and two other states." All of which, writes Totenberg --- as Marks has long been arguing --- serves to "burden Georgia citizens' right to cast a vote that reliably will be counted."

As to the lies --- er..."inconsistent candor with the Court" --- Marks notes the Secretary of State's staff told "just absolutely black and white lies. They didn't mind lying to the court. And one has to wonder what is it that they are hiding that makes it worth lying to the court, and facing the potential consequences of lying to the court." She told me she intends to seek sanctions from the court for those lies in the days ahead.

So, yes, some big --- and very good --- news for a change today!

Finally today, the one thing we did not throw over to make room for the landmark ruling out of Georgia, Desi Doyen joins us for the latest Green News Report on global warming-fueled toxic algae blooms now killing dogs in a number of states; Big Oil pushing into plastics manufacturing as gasoline demand declines in the wake of the electronic car revolution; plastic pollution found in falling snow in the otherwise pristine Arctic; and Democratic-led states suing Trump's EPA to block his rollback of Obama's Clean Power Plan...

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No, 'Skyfall' is not the nickname for the 800 point plummet in the Dow Jones Industrial average on Wednesday in response to signals of an imminent recession not seen since 2007. In the context of today's BradCast, it's the nickname given by NATO to an experimental Russian nuclear-propelled cruise missile project that appears to have gone horribly --- and tragically --- awry a few days ago. The consequences of yet another secretive nuclear accident in Russia have left western nuclear weapons analysts guessing as to what is now actually going on near the disaster site in northern Russia. [Audio link to full show is posted at end of article.]

But, before we get to that story today, a few quick news items of note regarding the 2020 election. Popular Georgia Democrat, Stacey Abrams, has announced the launch of a new project called Fair Fight 2020 to focus on election protection in about 20 swing-states and several (Kentucky, Louisiana and Mississippi) with gubernatorial elections next year. The effort comes out of Abrams own experience fighting massive voter suppression in her gubernatorial contest last year against Republican Brian Kemp who, as Georgia's Sec. of State, purged roles and helped suppressed minority voters across the state while overseeing his own reported narrow "victory" on the state's 100% unverifiable touchscreen voting systems.

Abrams, who would have become the nation's first African-American female Governor, has also been seen as a potential 2020 candidate for President. She has announced her plan to roll out this new, much-needed initiative to help Dems prepare well in advance (for a change) before next year's elections, in hopes of combating the many, inevitable anti-voter tactics expected by Republicans. The project comes in lieu of running for President or Senator in the Peach State, where she would have a very good chance of unseating Republican Sen. David Perdue next year.

While a Senate run would have been welcomed by many (she has said she is still open to a Veep nod), her Fair Fight 2020 effort is both very important and very much needed to help Dems win back both the White House and possibly U.S. Senate next year. We contrast her effort on today's show with that of California billionaire Tom Steyer, who recently-announced his own, likely-pointless run for the Democratic nod. Steyer has vowed to spend $100 million on his own campaign, instead of using that money to help Democrats --- for example, the nearly 1 million voters who are currently being blocked by Republicans from even being allowed to register to vote in the key battle-ground state of Florida.

Then, we are joined by STEPHEN SCHWARTZ, longtime nuclear weapons policy analyst and former Executive Director and Publisher of The Bulletin of Atomic Scientists (the folks who bring us the infamous Doomsday Clock), where he now serves as a Senior Fellow. He's here to help us unravel the disturbing nuclear mystery that is currently unfolding in northern Russia.

Last Thursday, an explosion on a Russian missile testing platform in the White Sea resulted in the deaths of at least seven people, including five nuclear scientists. After several days of conflicting information about the incident, Russia finally conceded that an incident with a "nuclear isotope power source" had released radiation during an off-shore test. A town nearby saw a spike in radioactivity at least 16 times its expected normal background radiation and the hospital rooms where the injured were taken were sealed off after patients and the doctors who treated them were mysteriously transported to Moscow for observation.

The accident, as Schwartz details, is believed to have been part of the experimental nuclear-powered missile program that Russian President Vladimir Putin described last year in remarks to Parliament as a cruise missile that is propelled by a small nuclear reactor, allowing it to fly indefinitely on a path too unpredictable to be intercepted by defensive missile systems. The Russians call the project Buresvestnik. NATO has dubbed it Skyfall.

Schwartz cites the lack of information and conflicting details being made available by Russia as a relic of the secrecy mindset of the old Soviet Union. "Old habits die hard," he tells me. "The Soviet Union is gone, Russia remains. But this reaction is quite reminiscent, not just of Chernobyl, but also of the sinking of the Kursk ballistic missile submarine in August of 2000" as well as other nuclear accidents going back to the 1950s Cold War era. "Their first approach is admit only what you have to, to try to make the situation seem not so terrible. And then when you can't do that, you admit as much as you have to, in order to try to deal with whatever the concerns are."

While western analysts like Schwartz have been pouring over local media reports and grainy satellite photos to learn what may have happened and what the ongoing fallout appears to be, Donald Trump tweeted out a reaction in which he described the incident as "Not good!" and claimed that "we have similar, though more advanced, technology". That is either a lie, something that Trump misunderstood, or a program that is so highly classified it remains currently unknown outside of the U.S. government, Schwartz explains, citing a long-shelved Cold War project called "SLAM --- for Supersonic Low Altitude Missile --- that would have been powered by a reactor that had the code name of Pluto". That, he says, was a "dangerous weapon" believed to have been abandoned as of 1964, given the danger of "spewing highly radioactive exhaust everywhere it goes" as it would fly over allied nations on its way to the Soviet Union, among other concerns.

We also discuss why both Putin and Trump appear to be entering into a new nuclear arms race as Russia responds to U.S. missile defense systems being deployed to nations which border Russia. Why would Russia even want to produce such a weapon that amounts to a "flying reactor"? "We've made a lot of claims about our system," Schwartz says. "Most of them are not true. But the Russians have an undying faith in American technology and a fair degree of paranoia about what we're going to do with it. And they've decided that they need to find a way to counter it. Their fear, their paranoia, their desire to make sure that we cannot destroy them as a country has led them to the point where they're testing this exceedingly dangerous weapon."

That effort, he explains today, has now become a disaster with very serious consequences that we are only beginning to learn about as the world's latest nuclear tragedy continues to unfold....

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"You've heard about 'Draining the Swamp'," Donald Trump's Acting Chief of Staff and Office of Management and Budget Director told a bunch of GOPers at a fundraiser recently in South Carolina. "What you haven't heard is what we're actually doing." He's right. We try to do something about that on today's BradCast. Again. [Audio link to show is posted at end of summary.]

Lack of funding and a hiring freeze by the Trump Administration has resulted in a shortage of correctional officers at facilities like the federal lockup in Manhattan where accused sex trafficker Jeffrey Epstein was found dead on Saturday morning. The billionaire financier and friend of Trump was supposed to have been monitored every 30 minutes by correctional officers after being removed, for some reason, from the prison's "suicide watch" list just 6 days after he reportedly tried to kill himself. But media reports say that Epstein was not monitored for hours before being found dead. Both of the officers tasked with the job were working overtime and one was merely a substitute, reportedly, not fully trained for it. Trump's Attorney General Bill Barr has temporarily suspended both of them and reassigned the warden at the Metropolitan Correctional Center, as he claims to be seeking accountability for the failure at the federal Bureau of Prisons (BOP) facility overseen by the Attorney General.

The lack of federal funding at BOP is not an accident, of course. It's just one small part of this Administration's ongoing efforts to, as Mulvaney admitted, "streamline government" by making it simply disappear any way they possibly can. As Trump's Director of the OMB, Mulvaney attempted to cut funding in half for several key scientific and economic departments at the U.S. Department of Agriculture. When Congress rejected those cuts, the Administration implemented Plan B, which is what Mulvaney was bragging about to the Republican donors in South Carolina. The USDA gave just over 30 days for career officials at two important and long-established USDA agencies, the Economic Research Service (ERS) and National Institute of Food and Agriculture (NIFA), to decide if they wished to uproot their lives and those of their family's to move to Kansas City (either Missouri or Kansas, USDA Secretary Sonny Perdue has not told anyone which state it will be) or be fired.

Matt Shuham at Talking Points Memo has been covering the ongoing crises at the two agencies in a series of stories, documenting how senior officials, with decades of institutional knowledge are being lost in the bargain, as more than half of those longtime federal workers have chosen against moving 1,000 miles across the country before the end of September.

"It's nearly impossible to fire a federal worker," Mulvaney complained while explaining the Administration's scheme for forcing longtime federal employees to either move to "the real part of the country" or quit. "They quit," Mulvaney boasted to the delight of the corporate GOP funders. "What a wonderful way to sort of streamline government and do what we haven't been able to do for a long time." One of Shuham's latest reports details the gut-wrenching decision of a 30-year veteran branch chief at the ERS, who says that staffers working on everything from researching genetically engineered seeds to soil conservation to climate change are almost all entirely gone from the agency now, along with hundreds of years of collective knowledge and institutional experience. Ironically enough, when Purdue issued the letter to employees notifying them of the move, he claimed it was being done, among other reasons, to "improve USDA's ability to attract and retain highly qualified staff."

The gutting of the USDA is a "test case", one economist at ERS said. "If they can carry this out, what’s to stop them from doing this on a larger scale to another agency?" The answer: Nothing. They are already doing something identical to the Bureau of Land Management at the Dept. of Interior. And there will be more to come if these moves aren't somehow blocked. Donald Trump is actively and purposely killing your government and both he and corporate industry interests couldn't be more delighted about it. This will only be stopped --- maybe --- if he is turned out of office no later than next year.

To that end, we catch up on a couple of (mostly) good news elections-related stories today as well. In Montana, a federal judge has overturned a new rule by Treasury Secretary Steven Mnuchin that would have allowed "dark money" non-profit 501(c)4 groups to keep their donors a secret from the IRS. Such groups are already exempt from disclosing their funding sources publicly, but Mnuchin didn't want even the Government to know where their money used for elections is coming from either. A lawsuit by Montana Governor and 2020 Democratic Presidential hopeful Steve Bullock has successfully blocked that new rule --- for now. It would have made it almost impossible for the Government to determine if foreign sources were unlawfully funding elections work by such groups.

And down in Texas, the Texas Civil Rights Project and other plaintiffs are suing the state on behalf of voters to force election officials to notify voters when absentee vote-by-mail ballots are rejected by county election officials in time to correct any perceived signature mismatches. Such decisions are largely ad hoc from county to county --- elections officials are not hand-writing experts after all --- as there are no statewide standards for making the determination that the signature on the vote-by-mail ballot does not match that of the registered voter. Thousands of ballots in the Lone Star state have been tossed without the knowledge of voters who, under state law, do not need to be notified about signature mismatches that will keep their ballots from being counted, until 10 days after the election. With Texas potentially in play for Democrats next year, every vote may very well matter. So this lawsuit, like similar ones successfully filed in other states in recent years, is very important on several levels.

Finally, Desi Doyen joins us for our latest Green News Report, in which another new rule imposed by the Trump Administration's Dept. of Interior is set to gut federal protections for thousands of endangered species; his EPA has cleared the way for an enormous, controversial mine project in Alaska which threatens key, pristine salmon fisheries in the region; and with details on the one energy project that the Administration is suddenly interested in slow-walking for some reason...

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On today's BradCast, it's one of those shows you may have to take a shower after --- or even during. Apologies in advance. [Audio link to full show is posted below.]

We start today with the easy stuff. The Trump Administration announced two new federal rules of note on Monday. Both include major changes to federal law without Congress actually voting to have changed anything and both will result in lawsuits from opponents.

The first is a change to the law that would further restrict legal immigration to the U.S., by barring green card status in the country to whomever the Administration believes is not wealthy enough and may require public assistance. The move, if not blocked by the courts, would put the emphasis on the skills of immigrants seeking permanent status, rather than on family reunification. The new rule would prevent many U.S. citizens from being joined here by parents, siblings or children.

The Administration's other major rule change today is to significantly weaken the landmark Endangered Species Act on behalf of industry profits. The ESA has protected thousands of plants and animals from becoming extinct since President Richard Nixon signed it into law in 1973. Trump's changes would end protection for plants and animals newly deemed threatened and allow federal officials, for the first time, to consider the economic costs of protecting a particular species. The change could also allow officials to disregard the impact of climate change when determining which species require federal protection. Both rule changes, according to opponents, are unlawful and will face legal challenges almost immediately.

Next, we turn to the weekend's disturbing news regarding the death of imprisoned financier, sexual predator and former Donald Trump friend, Jeffrey Epstein. The accused pedophile was found dead Saturday morning alone in his federal prison cell in lower Manhattan where he was supposed to have had a cellmate and guards that were supposed to monitor him every 30 minutes. His death came less than 24 hours after thousands of documents from an earlier lawsuit were publicly released, revealing lurid allegations that he'd sexually abused scores of young girls and just two weeks after he'd been removed from "suicide watch" after reportedly trying to kill himself just six days earlier.

There are many questionable circumstances that resulted in Epstein's death, angering elected officials, his many victims and even Trump's Attorney General who claimed to be "appalled". Barr announced over the weekend that he had tasked the Dept. of Justice Inspector General to investigate the matter. But, of course, conspiracy theories began flying almost immediately upon the news of Epstein's death, given his years of contact with high profile celebrities from Presidents to prime ministers to princes to other politicians and titans of industry and the academic world. Those conspiracies are hardly surprising. But the fact that Donald Trump, over the weekend, tweeted out several such conspiracies, attempting to tie Epstein's death to Bill Clinton, suggesting the former President had a hand in murdering the accused sex trafficker and may even have been a "pedophile" himself, seems to be a new low, even for this President.

Of course, while there is no evidence that Clinton was a close friend of Epstein's, Trump is known to have partied with him on several occasions, telling New York magazine in 2002 that he had "known Jeff for fifteen years" by that time, that he was a "terrific guy" and a "lot of fun to be with. It is even said that he likes beautiful women as much as I do, and many of them are on the younger side." Trump's senior White House adviser Kellyanne Conway actually defended Trump's Twitter smears of Bill Clinton, claiming on Fox "News" on Sunday that "the President just wants everything to be investigated".

Okay. If so, does he also want a proper investigation of the detailed 2016 lawsuit filed against him and Epstein --- before many of the allegations against Epstein had even come to public light --- by a woman who claims she was raped and abused by both men when she was 13 years old? Trump vigorously denied the charges at the time, and the case was eventually dropped after the woman says she faced death threats. But, given the many credible allegations of sexual assault by Trump, including from his own ex-wife who claimed at one point she was also raped by Trump, there is certainly more evidence to support that conspiracy than the ones forwarded by the President of the United States over the weekend following Epstein's death by apparent suicide --- in a federal prison overseen by Trump's own Administration.

While we have never discussed those rape allegations against Trump by the anonymous woman on The BradCast before --- yes, we saw them originally when they appeared in 2016, but didn't share them on air, preferring not to traffic in unverified allegations --- it seems that Trump himself has no such reservations. That, even after the death of his sexual predator friend in a federal prison overseen by his own federal Bureau of Prisons. If Trump is happy to spread wildly defamatory unsubstantiated allegations about former Presidents, I guess its now appropriate to publicly share allegations with far more substance since, right? According to Conway, after all, he "just wants everything to be investigated." And, as noted, we just want to take a shower at this point!

Finally, setting aside grotesque conspiracies, ANDREW COHEN, senior editor at The Marshall Project, a nonprofit news organization which reports on the U.S. criminal justice system, and a fellow at the Brennan Center for Justice, took the opportunity of Epstein's death to note that it was "completely predictable". Not due to Epstein's high-profile or even the particular circumstances of his case, but because there is what Cohen describes as an "epidemic" of prison suicides in U.S. prisons.

He explains that the epidemic --- shamefully resulting in an all-time high of hundreds of suicides in both federal and state prisons each year --- is the number one cause of death in such facilities. Cohen says the epidemic crosses all demographics and has been exacerbated --- arguably, even caused --- by a lack of interest or empathy by prison officials and both funding and interest from elected officials. "There's plenty of blame to go around," he tells me. "Yes, it's a long term problem [and] yes, it's gotten worse under the Trump Administration."

If anything good can possibly come of all of these horrific events, perhaps it begins in conversations like the one we have on today's program with Cohen. After your shower, I hope you will tune in for it...

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On today's BradCast: Special coverage --- and a lot of smart information --- on Night Two of the second 2020 Democratic Presidential debate in Detroit, as hosted by CNN. [Audio link to today's show is posted below.]

The ten candidates featured during the second night's combative, two-and-a-half-hour long festivities were: former Vice President Joe Biden; CA Sen. Kamala Harris; NJ Sen. Cory Booker; entrepreneur Andrew Yang; Former HUD Sec. Julian Castro; NY Sen. Kirsten Gillibrand; HI Rep. Tulsi Gabbard; WA state Gov. Jay Inslee; CO Sen. Michael Bennet and NYC Mayor Bill DeBlasio.

As during night one, the broad array of topics about which CNN's moderators worked hard to create confrontation between the candidates included healthcare (again leading the debate at the top and in the length of time spent on the issue), immigration, race, the climate crisis, the economy, foreign policy and, unlike the first night, even a question or two on how the candidates might take on Donald Trump and whether he should be held accountability for his crimes with impeachment.

Biden, the perceived front-runner, seemed at least slightly more prepared and less frail than in his first outing during the June debate in Miami, while finding his policies as a Senator over the last many decades and as President Obama's Veep sharply attacked by a number of the other participants. For her part, Harris --- who seemed to get the best of Biden in a number of exchanges during the June forum, seeing her fortunes rise thereafter --- was met with tough attacks from both Biden and several of the other candidates hoping to grab the spotlight. Booker stood out in a number of exchanges, including several with the former Vice President. Other candidates had their moments as well, as we discuss, even as the field for the next debates in September may now be cut by half or more.

We're joined today, once again, by two guests for our special coverage. Journalist, former CNN producer and healthcare reform expert JACKIE SCHECHNER is back with us again today, and we're also joined by prolific investigative financial journalist and award-winning author DAVID DAYEN, who now also serves as Executive Editor for The American Prospect.

Their smart analysis and insight today focuses on, among other things...

• Whether CNN improved on its questioning and format for night two after facing sharp criticism for their opening round on Tuesday (Schechner saw moderate improvement, Dayen saw none);
• which candidates, if any, stood out over their past performances (Booker and Inslee receive the most noteworthy nods on that score);
• whether or not proposals by a number of the more progressive candidates for a Medicare-for-All style single-payer universal coverage system is actually affordable, or if the more modest proposals to build on the existing Affordable Care Act with a so-called "Public Option", as sought by the more conservative candidates like Biden, is actually more realistic. (Dayen describing the "entire conversation about costs" as "a complete red herring", offers a more concise, clear answer to that question than any of the 20 candidates over the past two nights! In short, he explains: "A Medicare For All system would save money. We know that because the Koch-funded Mercatus Center, which put together the very study that Joe Biden and these others are quoting, said that a system where the government would cover all medical costs would actually cost $32 trillion dollars over a ten-year period, but doing nothing right now would cost Americans, through their total national health expenditures, $34 trillion. So the overall savings to America from moving into a single payer system is two trillion dollars over ten years.");
• how Democrats seem to be pulling their punches when it comes to one of the largest cost drivers of healthcare;
• whether debates over these weedy details are helpful or even necessary right now, or if they should take a back seat for the moment to the question of who can best defeat Donald Trump in 2020. (The conversation now simply "muddies the waters" and is "totally unecessary," Shechner argues. "We need to bring this up to a higher level at this point, and say, 'You're going to have a choice in the election between somebody who wants to do something about the broken healthcare system and somebody who doesn't care about the broken healthcare system, has no plan for it, has no interest in fixing it, and is simply interested in dismantling anything that President Obama put into place.")
• how Yang's interesting proposal for a $1000/month Universal Basic Income for every American would (or wouldn't) actually work;
• and a number of concerns about Harris' record as CA's Attorney General before she became a U.S. Senator. That as she cited her record as a prosecutor taking on the Big Banks during her closing statement on Wednesday night.

All of that and much more is covered during our lively --- and, I believe, quite enlightening --- conversation on today's BradCast special coverage...

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On today's BradCast: Special coverage of Night One of the second 2020 Democratic Presidential debate. This one was broadcast from the Fox Theater in Detroit and hosted by CNN. [Audio link to show is posted below.]

Featured on the first night's debate stage were VT Sen. Bernie Sanders; MA Sen. Elizabeth Warren; South Bend, IN Mayor Pete Buttigieg; MN Senator Amy Klobuchar; former MD Rep. John Delaney; OH Rep. Tim Ryan; former CO Gov. John Hickenlooper; former TX Rep. Beto O'Rourke; MT Gov. Steve Bullock (in his first Dem Debate appearance) and author/spiritual guru Marianne Williamson.

The lively and often substantive debate was, nonetheless, frequently truncated by CNN moderators, who seemed to work hard to force confrontation between the candidates, while framing many of the evening's debate topics as if they were Republican talking points and otherwise trying to highlight the divide between the progressive and conservative wings of the party. Among the many issues raised during the two and a half hour debate on Tuesday night were healthcare (a nearly 25 minute discussion, highlighting the party's many different and often controversial approaches to achieving universal coverage, from 'Medicare-for-All' to the Public Option, and their effects on private insurance), immigration, gun safety legislation (and the corporate forces that prevent it and many of the other issues discussed), the climate crisis, issues regarding race, the economy, the cost of college and student loans, foreign policy and nuclear weapons, and --- one of many Rightwing memes that CNN seemed to be pushing throughout the evening: whether the Democratic Party has moved too far to the Left.

We're joined today for discussion on as many of the above matters as we can fit in --- as well as some thoughts on what was not covered --- by journalist, former CNN producer and healthcare reform expert JACKIE SCHECHNER and Roosevelt University political scientist and contributor at The Week, DAVID FARIS, author of the recently published book, It's Time to Fight Dirty: How Democrats Can Build a Lasting Majority in American Politics.

Each offer smart analysis and insight on the substantive policy issues raised last night, as well as both the political and media aspects of night one of the latest two night Democratic debate, some six months before voting is set to begin next February at the Iowa Caucuses...

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On today's BradCast: The hack of over 100 million personal financial records of those who applied for credit cards at Capital One, one of the nation's largest financial institutions, underscores yet again how insane it is that we are relying on proprietary, un-overseeable computer systems "overseen" by Mr. and Ms. County Clerk to safeguard free and fair elections with results that can be known by the public to be accurate. [Audio link to full show is posted at end of article.]

The Capital One hack did not take a nation-state like, say, Russia, to accomplish. It was allegedly pulled off by one woman hacker who lives with cats in an apartment in Seattle. But if Capital One can't protect its data --- even from a lone hacker in Seattle --- what chance do you really think your local county clerk or even state election official has in protecting the votes of millions of voters? Should you be concerned about those three guys who, according to testimony last week in federal court from a Georgia Sec. of State's official --- as discussed on our show yesterday --- program every voting machine in the state, without oversight, from their garage?

Georgia, of course, is not the only swing state right now considering the purchase of millions of dollars of new, if 100% unverifiable, computer voting systems for use in the crucial 2020 Presidential election. The closely divided North Carolina is doing the same. Thanks to public pressure from a lot of folks on the ground in NC, however, the State Board of Elections appeared, as of Monday night, to be on the verge of a resolution that would effectively mandate hand-marked paper ballot systems across the state.

That decision however, as we report today --- with some new details from those carrying out the fight locally in the state --- may now be on very shaky ground after possible pressure on State Board officials applied by ES&S, the nation's largest voting vendor and, currently, the only vendor certified to do business in the Tar Heel State. A new meeting is now scheduled for Thursday to consider rescinding the motion passed by the Board on Monday night.

The fight for free, fair and publicly overseeable elections in North Carolina, Georgia and many other states and counties around the country is taking place right now. As in previous years, waiting until after the election will be, once again, too late to do anything about whatever may happen. We try to give you the information you need every day here to fight for your publicly overseeable democracy. What you do with that information, however, in your own locality, is up to you. And you are really needed right now.

Meanwhile, after Florida Republicans recently undermined a landmark state Constitutional Amendment adopted in a landslide by voters last November to restore voting rights to some 1.5 million former felons, a similarly popular state Constitutional Amendment adopted in 2018 by Michigan voters is also now under fire by Republicans. Amendment 2, adopted by 61% of statewide voters last November, creates an independent redistricting commission to draw fair state legislative and U.S. House maps after the 2020 Census. The effort came in response to the state's wildly gerrymandered 2011 maps which have kept Republicans in the majorities in the state legislature and U.S. House delegations, despite receiving fewer votes than Democrats statewide. Though federal courts found MI's maps to be unconstitutional, an opinion by the stolen Republican majority on the U.S. Supreme Court killed that ruling in June, with Chief Justice John Roberts declaring federal courts may have no say in partisan gerrymandering cases, while citing, among other things, the citizen-led effort to create an independent redistricting commission last November in Michigan as an alternate solution to unfair partisan maps.

But, on Tuesday, a Republican group led by Wisconsin's former Gov. Scott Walker --- who approved similarly gerrymandered maps in that state before eventually being voted out of office last November --- filed suit in federal court to kill Michigan's Prop 2. The group claims the Amendment violates the Free Speech and Equal Protection clauses of the U.S. Constitution. We explain and discuss.

Finally, Desi Doyen joins us for the latest Green News Report, with some good news for California in its fight against Donald Trump over new vehicle mileage and emissions standards; cable networks announce 2020 Democratic climate change forums; and professional Republican climate change denier and pollster Frank Luntz announces he has a change of heart...

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Both Democrats and Republicans alike --- on Capitol Hill and in the media --- are trying to make sense of Wednesday's landmark testimony by former Special Counsel Robert Mueller and where things go from here. We do a bit of the same ourselves on today's BradCast. Though I hope we are a great deal more honest about it than Donald Trump and Fox "News", and less confusing than Fox' Ainsley Earhardt who announced this morning that Mueller's testimony "didn't change anything", before going on to tell viewers that "it changed everything". [Audio link to show our full program is posted below.]

For full coverage and extended excerpts from Mueller's nearly seven hours of hearings before the U.S. House Judiciary and Intelligence Committees, see yesterday's special coverage show. For analysis and the fallout since the Republican former FBI Director confirmed the multiple and repeated felonious and impeachable crimes by the President of the United States detailed in his 448-page report [PDF], we're joined by the great HEATHER DIGBY PARTON of Salon and Hullabaloo today. As usual, we attempt to cut through the media drama and partisan positioning to get to the actual facts and important content that matters.

Among the issues discussed with Parton....

• The fact that only Republicans are ever allowed to be Special Counsel/Prosecutors, no matter whether the President being investigated is a Democrat or a Republican;
• Content of note from Wednesday's hearings that was both damning to Donald Trump and at risk of being lost amid frequently lousy corporate media coverage (and, wholly dishonest coverage from rightwing outlets);
• The proper context for making "sense" of some of the conspiracies offered on Wednesday by Republicans, even as Trump's AG/fixer Bill Barr and other GOPers may have done harm lately to the prospects of their own conspiracy-based argument about the origins of what would eventually become the Mueller investigation;
• How House Speaker Nancy Pelosi is still dropping the ball on impeachment in Congress, at least for now, and setting the country up for even more Presidential corruption in both the near and distant future in the bargain;
• And, where all of this madness may and/or should go next.

"It seems obvious to me that we have a criminal in the White House. And an abuser, a corrupt leader, and a barbarian and an ignoramus," Parton explains, cutting to the chase. "He's an unfit President and he should be impeached. To me, this is obvious."

But, she goes on, in struggling to make sense of why impeachment proceedings have not already been triggered, "One of the reasons that the dial is not being moved is the way that the press is covering this. There was a lot of criticism, during and after the testimony, about the fact that they covered it like a sporting event. 'He didn't put on the best show', etc. etc. The theater criticism. This is a big problem because this is a complicated story. People are seeing it as a game, as this is a strategy, instead of what it really is --- which is a fundamental threat to our democracy.

"If Donald Trump gets away with this, if he gets off scot-free --- re-elected or not --- if he gets away with doing these things while in office, it has changed everything. The President is no longer accountable. If Donald Trump cannot be impeached, then nobody can be impeached. Impeachment no longer exists as a stop on a President like this. And that's very scary," warns Parton.

Also on today's BradCast: "Unprecedented" heat and wildfires in the Arctic; Ohio's "socialist" Republicans give the planet and Ohio residents the finger by going all in on Big Government bailouts of coal and nuclear power companies; U.S. automakers give Trump the finger by working out a secret deal with California to lower vehicle emissions; The Trump Administration gives humanity the finger by deciding to "Make America Kill Americans Again"; A federal judge in California gives the finger to the Administration's new, unlawful southern border asylum ban; And Kim Jong Un gives his friend Donald the finger by firing off a few ballistic missiles to celebrate Mueller's testimony.

And, finally, we're joined by Desi Doyen for the latest Green News Report on some of the above, and much much more...

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Donald Trump is, apparently, not content with just breaking America. Now he seems desperate to break the entire world. Also, back home, the lie of Republican "conservatism" is revealed, yet again, to be little more than a marketing gimmick for the party. Unfortunately, it also turns out to be deadly.

Among the stories covered on today's BradCast [Audio link to show posted below]...

• An apparent lie Donald Trump told on Monday about India's Prime Minister asking for his help to mediate the years-long Pakistan/India dispute over the Kashmir region, resulted in chaos and outrage in the Indian Parliament on Tuesday;

• At the same White House press avail with Pakistan's Prime Minister on Monday, Donald Trump also boasted how he "has plans" that, if he wanted to, "Afghanistan would be wiped off the face of the earth" in "literally ten days". Benevolently, however, he added that he just doesn't "want to kill ten million people". The remarks do not appear to be going over well in Afghanistan;

• With Trump's great foreign policy successes, the Conservative Party in the UK has selected the Trumpiest character they could find to be their next Prime Minister after three years of failed Brexit efforts. Boris Johnson will now replace the outgoing Theresa May in that post and, after being a key supporter of Brexit, Johnson vows he will pull the UK out of the European Union, "do or die", by October 31st. That, even if it means leaving without an agreement with the EU, no matter how much havoc would almost certainly ensue thereafter;

• Back at home, Trump's Swamp gets swampier still as Mark Esper, the longtime lobbyist for defense contractor Raytheon, is confirmed by the U.S. Senate to be our new Defense Secretary. There may be an upside, however, but if so, he probably won't last long;

• GOP "conservatism" was revealed, yet again, for the joke that it has long been, as the Trump Administration and Congressional Democrats agreed on Monday night to a two-year budget accord that will increase spending by some $320 billion and avoid further debt-ceiling battles until 2021, the first year of the next Presidential Administration. With that agreement --- presuming Fox and friends don't convince Trump to reverse himself again --- record debt and deficit will continue to balloon under this Republican President, as it has during his first several years in office. Once again, putting the lie to the notion that Republicans are actually concerned about debt, deficit or federal spending, at least when a Republican is in the White House. Between the unpaid-for Trump/GOP tax cuts for the wealthy of $1.5 trillion, and year-over-year increases in federal spending since Trump's been in office, the annual deficit has now ballooned to nearly $1 trillion a year with the national debt reaching $22 trillion. That, after decreased deficits, year after year, during the last four years of the Obama Administration. No doubt, Republicans will pretend to be "conservatives" again just as soon as there is a Democrat in the White House once more. And they'll have a new fight over the debt ceiling to do it with, presuming Trump is out by 2021. That's the "conservative" scam, and it's shameful that the media --- and even Democrats --- continue to fall for it by calling them "conservatives". They are nothing of the kind;

• Their pretend "conservatism", however --- whenever it is convenient to hide behind the label --- is also deadly. A new study by the National Bureau of Economic Research finds that, thanks to the GOP-controlled states that refused to expand Medicaid under the Affordable Care Act (Obamacare), approximately 15,600 deaths have occurred that otherwise would not have. Many of those states are also part of the group suing to kill the ACA entirely, a case heard last week by the 5th U.S. Circuit Court of Appeals. If they are successful in striking down Obamacare in its entirety as unconstitutional, it means that some 24,000 Americans per year could die that otherwise would have lived. That's how GOP "conservatism" works. (Never mind that whole "provide for the general welfare" nonsense in the Constitution that they pretend to revere when occasionally convenient for them);

• Last week, Republicans in the Senate actually agreed to adopt a measure that would make hacking a voting system a federal crime. (Did you know that it wasn't?) And today, on the eve of long-awaited U.S. House testimony by former Special Counsel Robert Mueller, Trump's own FBI Director Christopher Wray told the Republican-led Senate Judiciary Committee that he believes "the Russians are absolute intent on trying to interfere with our elections";

• And finally, Desi Doyen joins us for the latest Green News Report, in which the latest climate change-fueled record heat wave reveals the vulnerability of U.S. infrastructure, the Trump EPA refuses to ban a toxic pesticide (made by a top Trump donor) which causes brain damage in children, the Trump 2020 campaign trolls the libs with recyclable and reusable straws (seriously) and Berkeley, CA becomes the first city in the nation to ban natural gas in new home construction...

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The United States, according to our guest today on The BradCast, lost "the last great conservative Justice" on the U.S. Supreme Court on Tuesday. Justice John Paul Stevens, who lead the liberal wing of SCOTUS before retiring in 2010, passed away on Tuesday at the age of 99 after serving some 35 years on the High Court. IAN MILLHISER, Constitutional law expert, longtime Editor of ThinkProgress Justice and author of the book Injustices: The Supreme Court's History of Comforting the Comfortable and Afflicting the Afflicted joins us today to discuss that loss as well as the rightwing legal challenge seeking to strike down the entirety of the Affordable Care Act. [Audio link to full show is posted below.]

We begin today with a conversation about Stevens' remarkable legacy, and how his tenure was so starkly different from the so-called "conservatives" now seated on the GOP's stolen Supreme Court. Nominated to SCOTUS by Republican President Gerald Ford (after being appointed to the federal bench by Richard Nixon), Stevens, as AP eulogizes, "stood for the freedom and dignity of individuals, be they students or immigrants or prisoners. He acted to limit the death penalty, squelch official prayer in schools, establish gay rights, promote racial equality and preserve legal abortion. He protected the rights of crime suspects and illegal immigrants facing deportation. He influenced fellow justices to give foreign terrorism suspects held for years at the Guantanamo Bay, Cuba, naval base the right to plead for their release in U.S. courts." All positions now seen as "liberal".

And yet, Stevens said during a 2007 interview that he did not think of himself as liberal, but rather as "pretty darn conservative". Millhiser explains how Stevens was able to separate the law from politics, including his own personal preferences, while remaining true to the Constitution and both the rule of law and Court precedent --- all issues which those who call themselves "conservative" today seem to have a difficult time understanding or respecting.

"When he got on the Court, he was widely viewed as a center-right judge. He personally held very, very conservative views. But what made Justice Stevens a great judge was that he knew his political views didn't matter when he was a judge. He knew that regardless of what he thought about minimum wage, or Obamacare, or whatever else, his job was to be faithful to the law and the Constitution," Millhiser tells me. "He was able to set his political views aside and let the law work. And that is all you can ask for in a judge. If we had conservatives like John Paul Stevens right now, who understand that law and politics are separate, we would be in a much better place as a country."

Moreover, as I note at the top of the show, based on my own reporting from 2013, Stevens was willing to admit when he got cases wrong. That year he conceded that his 2008's controlling opinion in Crawford v. Marion County Board of Elections --- the case which approved Indiana's Republican law requiring voters to present Photo ID at the polling place before being allowed to vote --- was ultimately the wrong decision. That SCOTUS opinion has been falsely cited by GOPers across the country as confirmation that Photo ID restriction laws do not suppress legal votes, but help prevent illegal ones. That is both inaccurate and decidedly not what the Court found that case. In 2013, Stevens conceded, "as a matter of actual history," dissenting Justice David Souter was "dead right" in his opposition and warnings about how the precedent would be abused to suppress the vote.

As to the Affordable Care Act (Obamacare) challenge we had originally booked Millhiser to discuss before news of Stevens' passing, oral arguments in Texas v. United States were heard in New Orleans last week before a three-judge panel of the 5th Circuit Court of Appeals. In his coverage for ThinkProgress, Millhiser, who was in the courtroom, describes the hearing before two Republican-appointed judges (one by George W. Bush, the other by Donald Trump) and one Democratic-appointee as a "disaster for Obamacare".

On today's show, he explains the "dumb" and "ridiculous" basis for the case brought by some 20 Republican state Attorneys General --- and now joined by Trump's Dept. of Justice --- and how the challengers specifically filed it in a Texas jurisdiction, a "a kangaroo court", where they knew they could get a favorable ruling from the lower court judge and were likely to get a similar ruling from the rightwing 5th Circuit Court of Appeals. He describes the suit as "the stupidest case I have ever seen", but notes that the appellate court's three-judge panel --- "the two Republicans on this panel were really wacky and behaved in a really partisan way in the oral arguments" --- may ultimately uphold the lower court ruling, at least in part.

Nonetheless he believes the case cannot possibly pass muster at the U.S. Supreme Court given previous rulings on ObamaCare by Chief Justice John Roberts. However, he has a caveat: that prediction only holds if the makeup of the High Court when the case ultimately reaches SCOTUS remains the same as it is today. That, as Millhiser cautions, is not a guarantee. "If Trump gets another vote, all bets are off." And there are ways that both the 5th Circuit and the Republicans challenging the landmark healthcare law could hedge that timing, depending on how quickly they act and how long they delay both the court's decision and any subsequent appeal.

While the basis for this case, he details, is so absurdly thin, that may not mean it will fail, even if, as Millhiser observes, an estimated 24,000 Americans will die each year if the ACA is entirely struck down as plaintiffs seek --- and as the lower court judge already ruled should happen.

Finally, there was a flurry of breaking news coming over the wires as we spoke with Millhiser today, including Democrats in the House scuttling a vote on Articles of Impeachment against Trump; the House voting to hold AG William Barr and Commerce Sec. Wilbur Ross in criminal contempt and MA prosecutors dismissing sex assault charges against actor Kevin Spacey. And then we close today with a few thoughts on the House Dems successful vote on Tuesday for a resolution finding Donald Trump's (legally) racist tweets attacking four freshmen Congresswomen of color were, in fact, racist, and on the 4 Republicans in the 197-seat GOP House caucus willing to vote in favor of that resolution...

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As a chaotic vote to condemn Donald Trump's racist comments against four Democratic freshmen Congresswomen of color moved successfully through the House during today's BradCast, we tried --- even if we didn't always succeed --- to focus as much or more on the effects of his Administration's dangerous policies, more than his obnoxious, hateful words as our eternally embarrassing President of the United States. [Audio link to full show is posted below article.]

On Monday morning, as we discussed on yesterday's program, Trump's Attorney General Bill Barr, with a stroke of his pen, took Administrative action to effectively rewrite decades of immigration law and case precedent to bar virtually all asylum claims made on the U.S. southern border. The radical action is now being challenged by the ACLU and, according to many immigration experts, is likely to be found unlawful by the federal courts.

Then, on Monday night, after we got off air yesterday, the Administration enacted another radical measure without notice. Trump's Department of Health and Human Services declared a new regulation would immediately take effect to ban medical services providers who receive Title X funding from referring patients to other doctors for abortions. Federal funds are already banned for use in most actual abortions themselves, but now what critics describe as a "gag rule" will be in place to keep medical professionals from even referring their patients.

Title X, signed in 1970 by President Richard Nixon after bipartisan support in Congress, allocates some $260 million each year to family planning services for four million low income women. The funds are granted to states across the country and to organizations such as Planned Parenthood.

Under the new regulations, as our guest today, Politico healthcare reporter ALICE OLLSTEIN detailed after the rule was first proposed earlier this year, "clinics offering abortions would need to construct physically separate entrances, hire separate staff and maintain separate medical records for its abortion and non-abortion providers --- a requirement reproductive care groups argue is so costly that some, or even perhaps many, sites would be forced to close."

At the top of today's show, news broke that, in the wake of the Administration's new regulations and other rightwing assaults on the Constitutionally-protect right to abortion, Planned Parenthood's recently appointed new President, Leana Wen, has been forced out of her post. The group had previously suggested they would need to forgo federal Title X funding if the rule was formally enacted, as have several states across the country who, like Planned Parenthood are suing to block the regulation.

Nonetheless, even before any of those lawsuits have been tried, the new rule has been placed into immediate effect by HHS, resulting in "mass confusion and chaos" for states and medical care providers alike today, according to Ollstein. "Now, any clinic that makes abortion referrals for patients who request one will have their funding cut," she tells me. "Lots of clinics across the country, including all Planned Parenthood clinics, which serve a large portion of the Title X population, said that they can't comply with that. It's against their ethics as doctors to not be able to make a referral that a patient requests. So they said 'We're going to exit this program. We're going to try to rely on our own funding as long as we can. We're going to hope the courts stop this rule, and we're going to try to keep our doors open and serve this low-income population.'" But, as Ollstein notes, "that could be a struggle."

She also explains how the Right is able to justify this blatant intrusion of the federal government between a patient and her doctor, given their years of decrying the Affordable Care Act (Obamacare) under the premise that the landmark healthcare law would do just that. Ollstein also goes on to warn that the federal case currently moving through the U.S. 5th Circuit Court of Appeals that could strike down Obamacare entirely as unconstitutional, is now a very real threat to the law's future --- which even Republicans in Congress are now beginning to panic about.

Also on today's program, we follow the House Democrats move today to pass a non-binding resolution condemning Trump for his racist "go back" to your countries tweets over the weekend, directed towards Reps. Alexandria Ocasio-Cortez, Rashida Tlaib, Ayanna Pressley and Ilhan Omar, all of whom are American citizens. Three were born in the U.S. and one, Omar, came here as a child refugee to escape civil war in Somalia. Also today, Texas Democratic Rep. Al Green announced his intention to introduce Articles of Impeachment against Trump once again tonight after the vote on resolution to condemn Trump. He vows to force a floor vote on the Articles within two legislative days.

By show's end, the racism resolution had been passed by Congress with the votes of all Democrats, four Republicans and newly independent former Republican Justin Amash, after what is being reported as a "bitterly partisan brawl" and "one of the most polarizing exchanges" ever on the House floor. The measure comes after both Trump's racist tweets telling the women to "go back and help fix the totally broken and crime infested places from which they came" on Sunday, and his doubled-down assertion on Monday that their criticism of his Presidency and policies demonstrates they "hate America".

In fact, as Philip Bump cleverly highlights in a "Who said it?" test at Washington Post, Trump's own comments about the U.S. during the Obama Administration are far more demonstrative of hating America than anything ever known to have been publicly uttered by the four women he continued to attack on Twitter today. We're happy to associate ourselves with Stephen Colbert's response to all of this from Monday night.

Finally, as if all of that isn't chaotic and ugly enough, Desi Doyen joins us for our latest Green News Report, after New Orleans dodged catastrophe (for now) from Hurricane Barry over the weekend; the U.S. sees its wettest 12-month period on record (again); and the weekend blackout in NYC reveals (also, again) the fragility of this nation's vulnerable infrastructure...

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On today's BradCast, Donald Trump's Attorney General continues to make extraordinary, unprecedented moves at the Dept. of Justice as he takes power for himself on all manner of things. And only some of those moves are receiving the attention they deserve. [Audio link to show follows below.]

But first up today, just two days after nearly 4 inches of record rainfall in one hour resulted in flash flooding and a number of high-water rescues in the nation's capital --- on the very same day Trump was delivering a ridiculous, rambling speech on his (horrific) environmental record --- an even worse downfall slammed New Orleans on Wednesday. What lies ahead this week for NOLA, however, may be far worse. A tropical storm spun up quickly off the Gulf Coast following the downpour, and now threatens to become a hurricane that could, as soon as this weekend, over-top levees that protect the city. The Mississippi River at New Orleans is already at 16 feet, just below flood stage, thanks to historic spring flooding in the central U.S. But Hurricane Barry could bring a storm surge of several feet of ocean water and as much as 18 inches of rain that could test the city's 20-foot high levees. The National Weather Service is now projecting the river could crest at that same height by Saturday, depending on which way the winds blow. That may happen despite the failure of science denier and corrupt fossil fuel swamp-dweller Trump to utter the words "climate change" during his environmental speech earlier this week.

Meanwhile, back in D.C., Trump's Attorney General and personal fixer William Barr continues to exercise extraordinary, unprecedented powers in his role as the nation's chief law enforcement official. So far, the federal courts have held off a fair amount of his attempted power grabs, including a federal court in New York which has, for the moment, blocked his latest move to replace all of the Dept. of Justice attorneys previously assigned to defend legal challenges to the Administration's effort to add a question on citizenship to the 2020 Census. Another federal judge in another legal challenge on the same matter in Maryland is now considering whether to block those replacements as well.

At the same time, however, Barr is also reportedly instructing former members of Special Counsel Robert Mueller's team to not appear before Congress to give testimony next week on the same day Mueller is currently scheduled to do so.

But a recent, little noticed move over the 4th of July holiday week to grant himself the power to establish precedent on immigration laws, overriding decisions by immigration judges, needs much more attention. Last week, a federal court blocked Barr's decree to disallow bond hearings for asylum-seekers who successfully demonstrate a "credible fear" of return to their home countries. But for a ruling by the federal court in Washington state last week, Barr's decree would have resulted in immigrant asylum-seekers being held for months or even years in already horrific, overcrowded detention facilities as they await their official hearings in immigration court. U.S. District Judge Marsha Pechman ruled that detaining asylum-seekers indefinitely is "unconstitutional".

The day before her ruling, however, Barr quietly signed yet another new regulation --- without the traditional public comment period --- that restructures the way immigration courts have handled appeals for years. Previously, while tens of thousands of decisions are made on cases by the Board of Immigration Appeals each year, only a small number of them, about 30 per year, are published in order to establish them as precedent. Under current law, unpublished decisions are not binding on the entire system and are only published if a majority of the 21 member Board votes to do so. But last week, relying on a public comment period from about 15 years ago concerning a regulation proposed (but rejected) by the George W. Bush Administration, Barr granted himself unilateral power to selectively publish any such decisions that he likes. The move, in effect, will allow him the authority as Attorney General to set immigration law precedent that must be followed during this Administration as well as future ones, at his own whim.

We're joined today by SARAH PIERCE, immigration attorney and Policy Analyst for the non-partisan Migration Policy Institute to explain both the encouraging news on Barr's temporarily blocked bond hearing rule, first decreed back in April, as well as his move last week to reign as king over U.S. immigration policy by using the abandoned "zombie regulation", as Pierce describes it, on appeals court precedents first proposed by the Bush Administration. She describes the latter as "alarming", noting that "under this new regulation, the Attorney General will have his pick of whatever issue he wants, and really, whatever plans on the issue he wants, when deciding whether or not to make some of these decisions precedent." Pierce warns that these could be "decisions on what kinds of crimes makes someone deportable from the United States," for example, adding that "the possibilities are really endless when he has so many decisions before him to choose from."

She argues that the way immigration courts are currently structured, under the control of the DoJ, not the Judicial Branch, results in unconfirmed and even unqualified people being appointed as immigration judges without Congressional confirmation or oversight. They all serve at the pleasure and whims of the Attorney General. "This is a huge problem with our immigration court that we have this political appointee who is in charge of effectively the legal well-being of our immigration system. That's a huge problem and a huge conflict of interest," she tells me.

We also discuss the mountain of recent reports of overcrowded, unsafe and unsanitary conditions at detention centers on the border; why we are seeing this influx of families seeking asylum in the U.S.; why this Administration is handling it all so poorly, despite the number of immigrants and asylum seekers being far larger during previous administrations; and how the system itself needs to be reformed, with immigration courts placed under an independent body.

Finally today, with all of the coverage in the media and focus by Democrats on the 2020 Presidential race, the need to win back a majority in the U.S. Senate no matter who wins the White House has taken a back seat, unfortunately. But Democratic Senate Leader Chuck Schumer was able to claim at least one recruiting victory this week, with Marine combat aviator Amy McGrath, who narrowly lost a U.S. House race last November in Kentucky, declared her intention of taking on Republican Majority Leader and democracy villain Mitch McConnell during his reelection bid in the Bluegrass State next year. We share McGrath's announcement video and ponder why the hell more big name Democrats --- including many who have chosen to run for the Presidential nomination instead --- aren't stepping up to the equally-as-important task of winning back the U.S. Senate for their party in 2020...

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On today's BradCast, we open today with a quick review of as many of the noteworthy stories as possible from over the long holiday weekend, before moving to San Francisco's horribly, deadly scheme to --- yes --- promoting smoking! [Audio link to show follows below.]

Among the quick news stories covered first:

• Trump's celebration to himself with his 4th of July tribute to America's violent and deadly militaristic past, present and future on the steps of the Lincoln Memorial;
• The Dept. of Justice flipping its position on adding a question on citizenship to the 2020 Census after last week conceding in federal court they would NOT do so after their effort was blocked by SCOTUS. Now, the entire legal team handling the matter has been replaced following Trump's tweeted insistence that the question would be added anyway;
• Britain's ambassador to the U.S. is discovered having accurately referred to Trump in private cables as "inept", "uniquely dysfunctional" and with a Presidency that "could end in disgrace";
• The U.S. Women's Soccer team wins their second World Cup in a row despite Trump's personal attacks on them (and their loathing of him, in kind);
• Michigan's conservative "Tea Party" Rep. Justin Amash, the only Republican in Congress to call for Trump's impeachment --- and perhaps the most effective of any party in doing so --- announced he was leaving the GOP;
• Billionaire hedge fund manager and Trump pal Jeffrey Epstein was arrested and charged over the weekend with sex trafficking that included minors, dating from 2002, when Trump was quoted that same year by New York Magazine as calling him "a terrific guy", "a lot of fund to be with" and someone who "likes beautiful women as much as I do, and many of them are on the younger side". Epstein was arraigned and pleaded not guilty in federal court in Manhattan on Monday;
• Iran announced it has exceeded uranium enrichment levels beyond those set by the landmark nuclear agreement struck during the Obama Administration, but broken by Trump (so now broken, in kind, by Iran);
• Temperatures hit 90 degrees for several days in Fairbanks, Alaska(!);
• And, oh yeah, over the holiday weekend, we had two of the largest earthquakes here in Southern California to hit in more than 20 years, including one that hit 7.1 on the Richter Scale.

Then it's on to our guest today, DAVID PASCH of Voices for Vaping, an industry group sponsored by the Vapor Technology Association which, according to Pasch, takes no money from Big Tobacco and is dedicated to "bringing together Americans from all walks of life demanding access to the 21st century technology that will end smoking." He is with us today in response to an ill-considered new city ordinance signed last week by San Francisco Mayor London Breed, after unanimous passage by the City Council, banning the sale of all e-cigarettes and vaping devices --- via both brick-and-mortar stores as well as via mail order --- for everyone in the city.

The measure is certain to increase unnecessary deaths by making it much more difficult to quit smoking via e-cigarettes in a nation where half a million die each year thanks to cigarette smoking. A similarly troubling, if less draconian measure to restrict vaping is now moving through the California state Assembly, despite the proven health benefits of quitting smoking in favor of vaping, as touted by no less than UK's Royal College of Physicians as 95% safer than smoking.

Pasch, who formerly worked at the U.S. Dept. of Health & Human Services and for various non-profits in the healthcare industry, discusses the deadly implications of San Francisco's ban, the dangers of California's proposed measure, and the idiocy of banning the sale of devices proven to help smokers quit smoking while allowing cigarette sales to continue in the supposedly progressive enclave unabated. He also speaks to the wholly unproven myth "that e-cigarettes are some sort of gateway" to tobacco for teens, while San Francisco's "proposed solution is to get rid of them and make sure that tobacco products like cigarettes are the only ones actually available still on the store shelves." He describes vapor technology and vapor products as "probably the most exciting public health innovation of my lifetime" with "the potential to end smoking as we know it."

Alas, he also notes, that he cannot explain how San Francisco, "a progressive beacon for the whole country and in many ways for the whole world" appears to be promoting "one of the biggest public health scourges in the country" through their recent action. "If you want to see what good, progressive, small-d democratic outreach and acceptance of this issue looks like," he points to the United Kingdom. "In England, they're not exactly known as a loose regulatory environment. They have totally embraced this. The National Health Service literally pays for advertisements showing how many doctors recommend their patients switch to e-cigarettes as a way to quit. You have vape shops that are literally being built in public hospitals in England right now. It's a totally different approach, that I think progressive Democratic leaders in the United States should be looking to follow."

Finally, after a few more quick news items --- including Rep. Eric Swalwell (D-CA) dropping out of the Presidential race and billionaire environmentalist and impeachment activist Tom Steyer considering jumping in --- we open the phone lines to folks who really seem to want to talk about vaping! Both for and against it! My own personal journey --- quitting my own 30-year, 2-pack a day habit overnight, thanks to vaping --- was recently published as a Letter to the Editor in the Los Angeles Times. With the phones open, lively conversation ensues. Enjoy!

Download MP3 or listen to complete show online below...

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It's been a rough week in the federal courts for Donald Trump. Even the Republicans' stolen U.S. Supreme Court failed to grant at least one victory to the Administration in its loss last week over the fight to add a question on citizenship to the 2020 U.S. Census. That loss, where Trump clearly expected a win from his cooked High Court, has resulted in the admission of another humiliating defeat for Republicans, but a huge victory for those of us who still support the idea of democracy...as fragile as it remains in the U.S. on the eve of our Independence Day holiday in 2019. There were other encouraging signs of hope from our courts this week as well, though there remains plenty to be concerned about as we head toward the crucial 2020 elections. [Audio link to show follows below.]

Among the stories covered, in addition to the breaking Census news, on today's BradCast...

• Trump may be getting a few tanks for his corrupt 4th of July celebration at the Lincoln Memorial on Thursday, though they won't be rolling down Pennsylvania Avenue. Where they will be, according to some poor writing from CNN, is another matter. ("Trump later confirmed tanks would be present during remarks in the Oval Office.");

• Heat records are shattering in the U.S. and around the world, resulting in mussels cooking in their own shells in normally cool Northern California and highways dangerously cracking and buckling in South Dakota. What happened in Mexico and Europe, however, we hold until today's Green News Report at the end of the program;

• But, back to the courts, as the U.S. House Ways and Means Committee filed a federal lawsuit on Tuesday against the Administration for failing to turn over six years of Donald Trump's tax returns as required by federal law, in a case that Trump seems unlikely to win. A long legal fight, however, may help him to delay the inevitable, unless he is able to receive a helping hand to undermine the rule of law from his friends at the stolen and illegitimate SCOTUS;

• But the lower courts, so far, have provided little help to Trump. Late last Friday, with surprisingly little notice, albeit in the middle of a ton of other news, a federal judge in California blocked Trump's phony "national emergency" declaration meant to steal billions of dollars from the military to build portions of his long-promised Southern border wall (which apparently Mexico is still not paying for.) The same judge in two different challenges to Trump's blatant attempted theft, ruled that Trump's use of military funds for this purpose was "unlawful" and in violation of Congress' Constitutionally-mandated control of federal purse-strings. The Administration, however, is expected to appeal both rulings;

• Voters in Florida, in the meantime, will have to hope for good news from the courts in the days ahead after Republican Gov. Ron DeSantis --- who was reportedly elected by less than one half of one percent of the vote last November --- quietly signed a controversial new law late on a Friday, without ceremony, the day before his deadline to sign it, which guts the state's reform of a 150-year old racist voting restriction. Despite passage of state Constitutional Amendment 4 last November --- by an astonishing nearly 65% of the electorate --- the new bill was passed along partisan lines in the GOP legislature to restore a restriction on the right of many former felons to vote. The new law, which went into effect Monday in the Sunshine State, requires former felons to pay off all court fines and fees before being allowed to vote, in contravention of the statewide ballot initiative which took effect on January 1 with no such restrictions. DeSantis had specifically pushed the GOP-controlled legislature to pass the bill, which will block many of the 1.5 million former felons --- including 1 out of 5 voting age African-Americans in the state --- from seeing their lifetime ban on the right to vote lifted. Voting rights advocates accurately describe the measure as an unconstitutional "poll tax" and have already filed suit to block it. The "conservatives" in the state will now have to spend millions in order to defend their new, unpopular law;

• That's just one of the measures the GOP is beginning to take in order to boost their odds in 2020, as former President Jimmy Carter noted late last week that he doesn't believe Donald Trump is a legitimate President. Speaking Friday at a human rights forum hosted by the Carter Center --- which has served as a monitor of elections in third-world countries for decades --- the former President charged: "There’s no doubt that the Russians did interfere in the elections and I think the interference, although not yet quantified, if fully investigated would show that Trump didn’t actually win the election in 2016. ... He lost the election and he was put into office because the Russians interfered on his behalf." He said "yes", when asked by the forum's moderator if he believe Trump was an "illegitimate" President. Carter may be right or wrong. Shamefully, nobody knows for certain, since the public was never allowed to examine the ballots or the voting and tabulation systems following the 2016 Presidential election. That lack of public oversight, as we have long argued, continues to erode confidence in the legitimacy of American democracy. New, 100% unverifiable voting systems being put in place in advance of the 2020 race, unfortunately, (in states like Georgia and cities like Philadelphia and counties like Los Angeles) are likely to make that problem even worse;

• But, speaking of how bad the 2020 cycle could be, the Trump Campaign has already begun their dirty tricks, according to a report in the New York Times. One of its "rising star" digital content producers has created a phony Joe Biden campaign website, meant to look like Biden's official campaign site, in order to smear the former Vice President. Neither the Trump campaign nor its staffer, Patrick Mauldin, who admits to having created the site, is noted on the page as being behind it. The fake campaign site, according to the paper, has received more visits than Biden's official website, and Mauldin has also "anomalously" created pages meant to undermine other current 2020 Democratic front-runners such as Bernie Sanders, Elizabeth Warren and Kamala Harris. Do Dems have any plans on how to deal with this sort of thing in 2020? Right now, it appears that they do not. Unless Dems pull together somehow --- even across another rough and tumble nominating process --- a repeat of the 2016 disaster should not be a surprise to anyone;

• Finally, speaking of 2020, Desi Doyen joins us for our Green News Report special coverage of last week's first Democratic Presidential Debate in Miami, where the planet's worsening climate crisis finally received at least a little bit of airtime from many of the Presidential hopefuls across the span of the much-watched two-night event...

Download MP3 or listen to complete show online below...

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Our Special Coverage of this week's first 2020 Democratic Presidential Debate in Miami continues on today's BradCast, with post-debate analysis, insight and occasional snarky comment regarding Night Two of the festivities! [Audio link to show follows below.]

The second night featured ten more Presidential hopefuls, including: VT Sen. Bernie Sanders; former Vice President Joe Biden; CA Sen. Kamala Harris; South Bend, IN Mayor Pete Buttigieg; NY Sen. Kirsten Gillibrand; CO Sen. Michael Bennett; CA Rep. Eric Swalwell; former CO Gov. John Hickenlooper; former tech executive Andrew Yang; and author and spiritual advisor Marianne Williamson. It was a very lively affair, to say the least, and our coverage today, I'm fairlly certain, rises to a similar level.

Joining us once again today for the hour is Salon's and Hulaballo's award-winning HEATHER DIGBY PARTON as our through-line from yesterday's coverage. She's paired today with our old friend RICHARD "RJ" ESKOW, longtime political columnist, host of the weekly The Zero Hour radio and TV program and, most helpfully today, a former insurance industry executive!

Among the many issues discussed after Thursday's debate:

• What the media are describing as a breakout performance from Harris, including her face-off with Biden over his history of working with segregationists in the U.S. Senate (and what it may tell us about her ability to take on Trump);
• whether Biden can sustain his polling lead after a shaky performance, raising questions about his age (along with similar concerns about Sanders and MA Sen. Elizabeth Warren, to be fair);
• how the matter of whether the candidates' various proposals for universal healthcare coverage deal with private insurers will be used against them by both the Right and the corporate media (as well as whether or not those proposals will apply to undocumented immigrants);
• how well the cases made by younger candidates such as Buttigieg or Swalwell seems to be going over after the first debate; whether Silicon Valley tech exec Andrew Yang's proposal for Universal Basic Income makes any sense;
• at least one topic that the moderators, shamefully, did not raise yesterday;
• and even a few "insider" thoughts on the seemingly "4th dimensional" Marianne Williamson.

All of that and much more on today's very lively and hopefully both entertaining and informative BradCast Special Coverage!...

Download MP3 or listen to complete show online below...

[And if you missed our Night ONE coverage, it's right here!]

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