On today's BradCast: Things are going to get far worse before they finally get better. In this case, "worse" means far more deadly and "better" means an election this fall that somewhat accurately reflects the intent of the electorate. Donald Trump has now get the killing Americans part down, but he and his fixer/Attorney General are still feeling their way around how best to undermine the election. [Audio link to show follows below.]

Just weeks ago, in late May, the Trump Death Cultists on Fox "News" and those entrusted to govern states like Florida, were railing against media, demanding apologies by those who warned that opening up for business prematurely amid a deadly viral pandemic was a terrible idea. Republican Governors like Florida's Ron DeSantis and hackish clowns like Sean Hannity of Fox "News" aren't asking for apologies anymore, it seems, as at least 56 Florida hospital ICUs across the state have now hit capacity, with dozens more nearly full as well. Florida is just one such GOP-led state whose political decisions in advance of the November election have had deadly consequences as 31 states are now seeing infections and hospitalizations rise.

The conservative projected death estimates put out by the infectious disease modelers at University of Washington's Institute for Health Metrics and Evaluation (IHME) have once again been revised in the bargain. IHME now forecasts more than 208,000 deaths in the U.S. from COVID-19 by November 1, while noting that some 45,000 lives could be saved over that same period if we all simply wore masks in public. Other experts believe the mortality number could be as high as 500,000 by the end of this year.

So, again, we ask: At what point does it become a CRIMINAL act when DeSantis and Donald Trump and Vice President Pence command schoolchildren, amid this out-of-control surging pandemic, back to in-person classes next month, under thread of financial penalty, and in defiance of CDC guidelines? At least the CDC guidelines based on science and health data, versus Pence's newly promised revised CDC guidelines that the Administration ordered to be cooked up after Trump found the real ones to be too "tough" and "expensive". When do these people become liable for criminal deadly negligence or even mass murder?

This scheming is nothing short of sick and twisted. We will soon look back on these days with ghastly horror at what they have done in short-sighted and ill-considered hopes of winning re-election this November.

Speaking of which, while Trump and his corrupt A.G. Bill Barr have been out lying about absentee voting amid the pandemic, it seems Republican strategists and candidates are becoming quite concerned that their voters may be actually be listening to them. Many GOP voters new believe that vote-by-mail ballots are all fraudulent, which could end up costing the GOP dearly this year.

At the same time, folks like EDDIE PEREZ, Global Director of Technology and Standards at the OSET (Open Source Election Technology) Institute, has been doing his level best to debunk many of the lies about mail-in voting being infectiously spread by Trump and his Attorney General who, for example, recently declared that "a foreign country could print up tens of thousands of counterfeit ballots" and use them to undermine our elections somehow. Perez explains (and here's a shorter Twitter version of his explanation) why such claims are largely nonsense, even if there are, in fact, some concerns about fraud in absentee voting --- just not the ones that Trump and Barr are mostly trumpeting.

As no fan of absentee voting myself --- other than in cases where voters literally cannot vote at the polls on Election Day, or are forced to use 100% unverifiable electronic voting systems at the polling place, or when we find ourselves in the middle of an out-of-control deadly global pandemic --- I've got a few pointed questions for Perez on the reality of absentee ballot fraud.

Among the issues he speaks to: Whether ballots can really be counterfeited (by foreign or domestic actors alike); What security measures are in place to prevent someone from casting a ballot in someone else's name?; Should voters have confidence in signature matching by election officials who are not hand-writing experts? And more. "If nothing else," Perez tells me, "the country needs to realize --- and particularly election officials and Get Out The Vote organizations --- there are really, really good reasons to protect public health to make by-mail voting available to people, as one of several options. That's really critical. For November, you've got to have a balance. We need to pay attention to educating voters about what it's going to take to ensure that their ballot is accepted and counted."

Also, as Perez, before joining the non-profit OSET Institute, was a 15 year veteran of Hart-Intercivic, one of the nation's three major private voting system vendors (about whom we've reported a great deal of less than flattering things over the years), we take a few minutes today to discuss why private, for-profit vendors are ill-equipped to meet the critical needs of transparent, overseeable elections in support of American democracy. "I'll say that the one thing we can agree on," Perez notes, "is transparency in the voting process is what helps to build trust with the public. Transparency is what is going to produce confidence. And that's what we need in our democracy."

I didn't have the heart or time to respond that "trust" has nothing to do with Americans elections. But, other than that, on the need for transparent oversight to build confidence among the electorate, he is spot on.

Finally, two objectionable SCOTUS opinions were handed down today, allowing religious organizations to, among other things, ignore any and all state or federal anti-discrimination laws, because "freedom of religion", apparently, also now includes the freedom to take actual freedoms away from everyone else...

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We've got a bit of a roller coaster today between good news and terrible news on today's BradCast. But that's life in the times of Trump and the coronavirus, I guess. [Audio link to full show is posted below.]

First up today, the COVID-19 crisis continues to gravely worsen in the U.S., with new record infections and hospitalizations now pretty much every day for the past month. Despite the increasingly desperate concerns expressed by health experts, especially for hotspots where Governors reopened states far too early, some Republicans from the President of the United States on down are calling for measures that will only increase infection rates, hospitalizations and, yes, death.

Florida's Education Commissioner Richard Corcoran on Monday, for example, declared that all public schools must reopen next month to all students for in-person classes five days a week. His emergency order notes that reopening schools is critical to "a return to Florida hitting its full economic stride". That, despite more than 200,000 confirmed cases and new record daily infection rates each day for weeks now in the Sunshine State.

At the same time, in Washington D.C. on Tuesday, Donald Trump held a White House event to demand the reopening of schools and to praise Florida's Governor Ron DeSantis for a "terrific job" in ordering them to open. Trump claimed that schools have been closed elsewhere for "political reasons" and added that "we are very much going to put pressure on Governors and everybody else to open the schools." This is now a death march being led by the President of the United States.

But if Republican politicians are fine sending children and their teachers and their families to their potential deaths, how do you think federal judges appointed by Trump or sympathetic to his political cause are going to react to measures being taken to try and make voting safer for Americans on November 3rd? We're joined again today by Slate's ace legal reporter MARK JOSEPH STERN to discuss Monday's opinions released by the U.S. Supreme Court, as well as a disturbing pattern of rulings at both SCOTUS and on the appellate level over the past two weeks that bodes darkly for this year's crucial Presidential election.

First, Monday's new opinions: The Court decided unanimously that states may prevent so-called "faithless electors" from casting their vote in the Electoral College for someone other than the Presidential candidate chosen by the state's popular vote. The issue stemmed from two combined cases of "faithless electors" in 2016, one of which was brought by plaintiff Michael Baca against Colorado. Baca appeared on The BradCast in December of 2016 to explain the reasons for his planned "faithless" vote in the Electoral College that year, before he was later prevented by the state from casting it.

While that opinion, written by Justice Elana Kagan received most of the media attention on Monday, another opinion handed down by the Court that day is likely of far greater import. The Court's 6 to 3 decision, with Justice Brett Kavanaugh writing for the majority in a case concerning robocalls made to cell phones, actually reveals some very encouraging news regarding a challenge to the Affordable Care Act (ACA or Obamacare) that will be heard next session by the Court. Kavanaugh's opinion, striking down one element of a robocall law as unconstitutional while upholding the rest of the law, suggests the challenge to Obamacare by GOP-controlled states and the White House --- seeking to strike down the entire health care law as unconstitutional based on the constitutionality of one single, now meaningless, provision --- is likely to fail.

As Kavanaugh crucially noted in his opinion, in words that will be remembered next year during the ACA case: "Constitutional litigation is not a game of gotcha against Congress, where litigants can ride a discrete constitutional flaw in a statute to take down the whole, otherwise constitutional statute."

"It's important to note that seven justices agreed with [Kavanaugh] on that particular point," Stern tells me. "Only Thomas and Gorsuch disagreed."

And with that seemingly very good news out of the way, we turn to a flurry of recent decisions by both SCOTUS and a number of federal appeals courts that are extremely concerning and revealing as to how right-wing controlled federal courts will be dealing with voter suppression cases and measures intended to make voting easier during the pandemic this November. Recent court rulings in cases out of Florida, Wisconsin, Alabama and Texas, as Stern explains, are very troubling indeed and suggest we could be in for no small amount of chaos, disenfranchisement and, yes, deadly disease, in this year's critical general elections.

There are more opinions to come from the Court before they are finished for the summer. Quips Stern darkly today: "We've got a handful left, and we will see if the Supreme Court breaks our democracy before the end of the term."

Finally, we close with Desi Doyen and our latest Green News Report, with a bit more news out of SCOTUS and lower federal courts, including some surprisingly very good news on several controversial oil and gas pipelines!...

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As life in the U.S. continues to get grimmer, we find a few much-needed points of light during today's BradCast! [Audio link to full show is posted below.]

First up, the GOP-controlled Mississippi state legislature finally voted overwhelmingly on Sunday to remove the offensive Confederate flag symbol from their own state flag. Both the Governor and Lt. Governor support the move and the bill will be signed. Yes, the ongoing uprising against systemic racism in the U.S. continues to bring about long-overdue positive change! Also, there was (mostly) good news in a long-awaited abortion case at the U.S. Supreme Court today, but we'll get there in a second.

Before that, we've been arguing in recent days that Donald Trump should eventually be brought up on charges for what amounts to mass murder in his purposefully and criminally delinquent and negligent handling of the COVID crisis. More evidence of that affirmative endangerment of the public was reported over the weekend by the Washington Post, which obtained video evidence that the Trump Campaign, just hours before his June 20 campaign rally in Oklahoma, removed thousands of social distancing stickers placed on seats at Tulsa's BOK Center venue by its management. As the city's health director pleaded with the campaign to postpone the rally amid spiking infections rates, and local residents and business owners went all the way to the state's Supreme Court to try and block it, the Trump Campaign was purposely making it less safe for rally attendees. The infection rate in Tulsa has continued to spike since Trump's under-attended Death Rally (where he had falsely bragged in advance that there wouldn't be "an empty seat"), as infection rates now continue to rise in at least 36 states after the largest single day increase across the nation on Friday.

Florida, Texas and Arizona, with Republican Governors who were among the first to reopen, are now seeing among the largest growth in infections and hospitalizations in the country. That, despite Republican Gov. Ron DeSantis' hubris-filled attacks on the media just weeks ago following an initial lack of new confirmed cases after reopening for Memorial Day and a now-embarrassing rant from Sean Hannity on Fox 'News' claiming that FL and NY "got it right", states like NY got it wrong (NY's infection rate was just 6% of Florida's on Friday) and that "the mob and the media....owe Gov. DeSantis a huge apology." Well, that didn't age well.

Then back to a bit more good(ish) news as the U.S. Supreme Court's Chief Justice John Roberts, for the third time in as many weeks, joined the Court's liberal wing on yet another major case --- well, mostly. It was enough, at least, to strike down an extremist anti-abortion measure in Louisiana, in any case. Had the attempt by state Republicans to insert Big Government in-between a woman and her doctor been upheld by the Court, it would have left the entire state of 4.6 million with just one single doctor legally allowed to perform the still-Constitutionally protected medical procedure.

We're joined today by one of our favorite SCOTUS corespondents, MARK JOSEPH STERN of Slate, to explain today's 4 to 1 to 4 opinion which resulted in the end of the state law requiring abortion doctors to unnecessarily obtain difficult-to-receive hospital admitting privileges. While abortion rights activists are breathing a sign of relief today, Stern explains, they likely won't have long to enjoy it. The Court with a stolen Republican Majority still appears hell bent on rolling back Roe v. Wade, he says.

While Roberts, in his own concurring opinion [PDF], effectively joined the liberals again today in striking down the Louisiana law --- again, maddening the right-wingers in the bargain --- he "is a very canny legal strategist, who still quite obviously opposes the Constitutional right to an abortion," Stern warns. In fact, what Roberts opinion today did was "leave us with a state of abortion jurisprudence that sort of rewinds the clock back to maybe 1992. Whereas, for the past four years, at least in theory, we have had a more robust protection of Constitutional rights."

With Roberts' new opinion, Stern reports, abortion rights proponents have actually lost some ground, even while the second "admitting privileges" law to find its way to the Court in four years was again struck down --- just like the previous virtually identical one out of Texas in 2016 (which Roberts then voted to uphold.)

The Chief Justice also voted recently with the Court's Democratic appointees to ban LGBTQ employment discrimination and in striking down Trump's rollback of DACA protections for hundreds of thousands of immigrant children who were brought here by their parents. So, why has Roberts seemingly become a "liberal squish" on three important landmark cases this session? Stern argues that he hasn't at all. Another ruling today regarding the Consumer Financial Protection Bureau (CFPB) in which the Court's rightwing 5 to 4 majority dreamed up new (non-existent) Constitutional powers for the Presidency, and a SCOTUS decision over the weekend to block absentee voting for all voters --- not just those 65 and older --- in Texas, in the middle of a pandemic, and in clear violation of the 26th Amendment, is just more evidence that the Republicans' stolen SCOTUS majority is still anything but "liberal", even after these three recent surprise opinions on LGBTQ rights, DACA and abortion.

Stern also offers his thoughts on whether Roberts would be voting as he has been of late if Justice Anthony Kennedy was still on the Court as its swing vote, and whether all of this suggests that the Court should now be expanded in response to theft of what should have been an actual liberal majority by now...

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On today's BradCast: Why does Indiana's Secretary of State Connie Lawson believe her emails with other Secretaries of State, and potentially voting system vendors, should be exempt from disclosure via public records requests? She is claiming her discussions about those systems with members of the private National Association of Secretaries of State (and any private vendors they may discuss or hear from) should somehow be protected due to exemptions for trade secrets and national security that cannot be exposed to the public. A judge in Indiana, however, seems to believes she is wrong. [Audio link to full show is posted below summary.]

But, first up today, a few items of breaking news amid our ongoing dystopian American nightmare...

• A federal appeals court panel agreed today with a lower court judge that Donald Trump violated the law when he commandeered $2.5 billion in tax-payer dollars appropriated by Congress for the military in order to build his wall under the phony guise of a "national emergency". That, after Congress had specifically refused to allocate such funds. Bill Barr's corrupt Dept. of Justice will likely be appealing that one all the way up to the GOP's stolen U.S. Supreme Court if necessary;

• As we have been warning for weeks (months?), the coronavirus pandemic is getting worse, not better, in the U.S. In particular, as we've demonstrated, many of the hardest hit regions where infection rates, ICU usage and deaths are skyrocketing are places where Republican politicians have been successful in joining our maniacal conman President in pretending the virus would simply go away if we just reopened our doors for business. That strategy has failed miserably and tragically. So much so, that the very Trumpy Republican Governors in two of the hardest hit states, Florida and Texas --- which were among the first to prematurely reopen --- were forced to re-close bars, restaurants and other businesses today as infections rates surge to record numbers in their states, and as ICU beds in some locations are quickly filling to capacity;

• That, at the same time Vice President Mike Pence, who heads up the White House Coronavirus Task Force (remember them?), held their first press briefing in weeks to continue the Administration's attempted gaslighting of America to declare "very encouraging news" in the case numbers which are going straight up now in a majority of U.S. states;

• Today's grim record COVID-19 numbers come just days after our failed President lied to his supporters at his latest maskless Death Rally inside a Phoenix church on Tuesday that "it's going away". It's not. It's getting worse. That was the same day in which internal White House task force documents, according to an NBC News exclusive, told both Trump and Pence that new case numbers in Phoenix --- which "had the highest number of new cases among the 10 metropolitan regions where the week-over-week change in infection rates spiked the most" --- was up some 150 percent over the past week. And, yes, infection rates, hospitalizations and deaths rates are rising as well, according to the White House's own numbers. That is not, despite the lies from both Trump and Pence, caused simply by "more testing".

With unabashed criminals like this now running our country --- and hopefully facing charges of criminal negligence if not mass murder someday soon --- we turn back to our "last firewall": our electoral system. There, we've got a bit of good news today, as Indiana Judge Heather Welch has rejected most of the claims made by the state's Sec. of State Connie Lawson (formerly a member of Trump's failed and phony "voter fraud" commission) to try and obscure her emails with members of the National Association of Secretaries of State (NASS).

The judge's ruling stems from a lawful request filed under Indiana's public records act. The suit, filed on behalf of the National Election Defense Council (NEDC) by Free Speech for People (FSFP), seeks those records in which Lawson was discussing voting systems with fellow Secretaries around the nation, NASS staffers, and, very likely, according to our guest today, private voting system vendors who wine, dine and lobby our nation's elections officials. In turn, those officials buy the unsecure, overly-expensive, error-prone computer voting and tabulation systems from the companies, and then parrot their talking points when the systems fail or when the public seeks to learn how they actually work (or don't.)

We're joined today by FSFP Legal Director RON FEIN to explain the court's recent ruling [PDF] in which the Judge rejected most of Lawson's claims to things like copyright and trade secret exemptions for her official Sec. of State emails. The judge is also demanding to privately review in her chambers those emails about which Lawson is claiming statutory exemption on the basis that disclosing those emails to the public would pose "a reasonable likelihood of threatening public safety by exposing a vulnerability to terrorist attack."

Lawson [pictured above with her newly purchased unverifiable computer voting systems] served as President of NASS from 2017 to 2018. She falsely testified [PDF] in 2017 before the U.S. Senate Intelligence Committee, during its probe of Russian interference in the 2016 election, that America's "voting machines are not connected to the Internet or networked in any way." That claim has been proven to be an out and out lie, over and over and again.

Nonetheless, if true, what possible "vulnerability to terrorist attack" could Lawson be referring to? Fein offers his thoughts, and explains why the judge's ruling that "access to public records is an important statutory right," is already a victory in this little known, but potentially very important case.

"The fact that the Indiana Secretary of State has fought so hard to keep these materials private suggests that at least some of them have something that's embarrassing that they don't want the public to see," Fein tells me, suggesting that, "In some cases, the [voting system] companies are either outright bribing or engaging in extremely unethical practices with election officials."

"One of the most essential elements of democracy is a free and fair election. And the free and fair election requires that it be secure and trustworthy...And we have misinformation out there about the security of these systems. When that misinformation is being spread by election officials whose job is supposed to be to spread accurate information and, if anything, tamp down misinformation, then it means that we have a crisis of legitimacy in the election," Fein explains. "What we're hoping through this public records access lawsuit is that, if we can shine a light on the processes by which election officials end up as vehicles for misinformation about the security and reliability of our election systems, then that will provide an opening for reform."

Please tune in for the full conversation, as we cover quite a bit of ground. And, just for the record, Lawson also misled the Senate Intelligence Committee when she insisted under oath that "no votes were changed in 2016." In fact, nobody actually knows one way or another, because nobody ever bothered to check.

Finally today, after yet another hellish week in Trump's America, we close with a smile and a song "celebrating" his under-attended Death Rally last weekend in Tulsa...

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In a recent article, we described the GOP's legal challenge to the Executive Order issued by California's Democratic Governor Gavin Newsom --- directing CA election officials to timely submit vote-by-mail (VBM) ballots to every active registered CA voter for the November general election --- as "dubious", at best.

We noted that the GOP plaintiffs lacked standing to sue in federal court because Republicans cannot show they suffered a legally cognizable injury. We also noted that the GOP's core legal challenge --- that the Elections Clause to the U.S. Constitution only permits state legislatures, not Governors, to set the time and manner of conducting federal elections --- was at odds with settled Supreme Court case law and that legislative approval for the Governor's pandemic-related emergency Executive Order can be found within the provisions of the CA Emergency Services Act.

Last week AB-860 was passed by the state legislature (even with support from Republicans) to codify Newsom's Executive Order by specifically providing that VBM ballots be timely sent to every active registered voter in the state, even if the voter did not request one. It was signed into law this week by the Governor, rendering the GOP's core legal argument moot.

The new law will not only mandate a dismissal of the GOP legal filing but also eliminate the need for the court to grant the Motion to Intervene [PDF] that was recently filed by several voting rights organizations opposing the challenge by a number of Republican groups, including the California Republican Party.

CA Common Cause, League of Women Voters of CA and the Community Coalition seek to be added as Party Defendants in order to counter the GOP's effort to compel in-person voting --- a GOP effort that, if successful, would dangerously and unnecessarily expose the state's electorate to the risk of contracting a deadly virus, COVID-19. The portion of those organizations' motion, which demolishes the GOP's VBM "voter fraud" lies, however, warrants verbatim coverage...

On today's BradCast: There is one thing that Donald Trump excels at: screwing up. Despite his promises to his nativist racist base to end the Obama-era Deferred Action for Childhood Arrivals (DACA) program, even his stolen U.S. Supreme Court had to concede his attempt to do so was unlawful and unconstitutional [Audio link to full show is posted below]

It was the second such defeat for the haters this week, after Trump's own appointee, Justice Neil Gorsuch, found it unlawful in his 6-3 majority opinion to fire someone simply because they are gay or trans, as had been legal in most states before this week's landmark ruling. Today's defeat for our feckless President was found in the 5-4 majority opinion [PDF] authored by Chief Justice John Roberts who, with the Court's four Democratic appointees, held that, in Trump's haste to end the program that protects from deportation nearly 800,000 people brought here by their parents as children, the Administration did so in violation of the Administrative Procedures Act (APA).

No, Roberts isn't turning into a liberal squish, despite the blustered outrage from rightwingers today. The APA statute requires a reasonable explanation for overturning Executive Actions by previous Presidents, and the Roberts majority determined --- as with Trump's botched attempt to add a citizenship question to the Census last year --- the Administration couldn't even muster up one.

We're joined by SARAH PIERCE, policy analyst at the Migration Policy Institute, to describe the "surprise", if narrow, opinion, that protects DREAMers for now, but allows Trump to try again if his Administration can figure out how to do it legally. "No one expected the Supreme Court to rule against the Trump Administration and how it went about ending DACA. We're all extremely surprised by this decision --- and happy, because this is a large group of young people we're talking about in the United States that contribute a lot to our country, and society, and economy. So it's good news all around," she tells me.

In addition to the good news that these folks --- some 20,000 of whom are now working in the health care industry during the pandemic, many others in the U.S. military, many more now married with U.S. citizen children --- will not be ripped out of their communities and sent back to countries they don't remember or even speak the language, the economy will also not have to suffer another $300 billion blow. That is just one of the costs cited by Roberts in his opinion as unlawfully ignored by the Administration when they violated the law in trying to reverse DACA.

Naturally, Trump played the victim, describing this week's two SCOTUS verdicts that did not go his way as "horrible & politically charged decisions" and "shotgun blasts into the face of people that are proud to call themselves Republicans or Conservatives." He then pitifully asked: "Do you get the impression that the Supreme Court doesn't like me?" No. But pretty much nobody else does.

For his part, President Obama lauded the decision, citing DACA as having "protected young people who were raised as part of our American family from deportation." He called for Joe Biden to be elected with "a Democratic Congress that does its job, protects DREAMers, and finally creates a system that's truly worthy of this nation of immigrants once and for all."

As Pierce explains on today's show, Congress has, for years, been on the verge of passage of an immigration bill to protect DREAMers. Those efforts, however, are inevitably scotched by Trump and the GOP, who seem to prefer a political issue they can raise money on to an actual permanent solution to the problem.

"We've always gotten a lot of mixed messages on this, not only from Donald Trump's statements but from his actions, as well," says Pierce, referencing his 2017 tweet when he asked: "Does anybody really want to throw out good, educated and accomplished young people who have jobs, some serving in the military?," followed by his tweet two years later when he referred to some DREAMers as "far from 'angels" and "very tough, hardened criminals."

"Both the Senate and the House took time to seriously consider passing legislation on DREAMers," Pierce notes. "And the White House really torpedoed that, both times, by adding a bunch of demands that were just unsuitable for Democrats to take on. So we have them moving one step forward, clearly with the interests of DACA recipients interests in mind, and then taking two steps back. They're all over the place."

Whether these failures harm or hurt Trump's reelection chances remains to be seen. He is already demanding "more Justices or we will lose our 2nd. Amendment & everything else." But, of course, as his former National Security Advisor John Bolton's new book makes clear --- according to reporting on copies obtained by media before next week's official publication date --- everything Trump does, every decision he makes as President, is not based on how it might help Americans, but on how it might help his reelection chances. That includes an attempted quid pro quo scheme, according to Bolton, to lift U.S. sanctions against China in exchange for their purchase of soybeans and wheat to help voters in the Midwest that Trump believes he needs to win in 2020.

The conversation described by Bolton between Trump and Chinese President XI Jinping mirrors the extortion scheme with Ukraine's President that resulted in Trump's impeachment last year. Shamefully, though Bolton would have bolstered the Democrats' case against Trump in the impeachment trial, he chose to hold his revelations for his new book. Please don't buy that book, even as everything so far described from it regarding Trump's failures and fecklessness as both a President and a human being sounds 100% plausible.

Finally, we're joined by Desi Doyen for our latest Green News Report, as the corporate person known as California utility company PG&E admits guilt to 84 counts of manslaughter (don't worry, despite all the deaths they admit to causing, nobody will actually go to jail); as new analyses find the nation could move to 90% renewable electricity in just 15 years and save money doing it; and as the 2020 wildfire season sparks up with an ominous beginning...

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On today's BradCast: You've almost certainly heard by now about Georgia's disastrous primary election last week, when new computer voting systems, shuttered polling places and thousands of absentee ballots that never arrived to voters resulted in hours-long voting lines, disproportionately in heavily-minority areas of the state. You may not have heard, however, that the new computer scanners the state's Republican Secretary of State forced all counties to use to tally hand-marked paper absentee ballots on June 9th appear to have failed to tally potentially thousands of votes across the state. We're joined today by the woman who first discovered the gob-smacking --- and still unexplained --- failure in GA's new, failed, statewide voting systems last week. [Link to audio of full show is posted below.]

But first up, a few noteworthy breaking news items today...

• The FDA has revoked emergency use authorization of the drugs hydroxychloroquine and chloroquine as a treatment for COVID-19, finding the serious and potentially deadly dangers of the drugs outweigh any potential, unproven benefits. These are the drugs that non-health expert Donald Trump (and Fox "News") repeatedly encouraged Americans to take, pressuring the FDA in the early days of the coronavirus to approve for broad use. Trump repeatedly declared, "What do you have to lose?" in taking it. The answer: potentially your life, according to the FDA and the National Institutes of Health as of today;

• The coronavirus still continues to spread across the U.S., with infection rates and hospitalizations spiking in many places across the nation, particular where businesses have been allowed to reopen too early. Texas, for example, has continued to break its own hospitalization records, day-after-day over the past week. All of that since GOP Gov. Greg Abbot allowed many business to reopen on Memorial Day weekend and for Phase III of the state's reopening plan (allowing some restaurants to fill up to 75% of capacity) to go into effect on Friday, despite the deadly and continuing surge of new cases and hospitalizations;

• Stunning and great news on Monday, shockingly enough, from the U.S. Supreme Court, which ruled 6-3 that employers may not discriminate against LGBTQ people. Republican-appointed Justice Neil Gorsuch, writing for the majority(!), said that firing gay or trans people because they are gay or trans amounts to unlawful discrimination on the basis of sex. That is forgidden by Title VII of the 1964 Civil Rights Act. The ruling is a huge victory for the civil rights community and those of us who believe in freedom and liberty and the rule of law;

• More good news from the Court today. SCOTUS declined to hear about a dozen different cases appealed to the Court by gun rights activists hoping to further broaden the 2nd Amendment.

Then, a bit of very rare good news out of last week's disastrous GA primary: Overall turnout was way up as compared to 2016's primary, and especially among Democrats where three times as many voted in the state's U.S. Senate primary than did so four years ago. Moreover, curiously enough, many more Republicans voted in last week's uncontested GOP U.S. Senate primary for Sen. David Perdue than voted for Donald J. Trump in his own uncontested Presidential primary in a state that many believe could flip from red to blue in November for the first time in decades. But that's the end of the "good news" out of Georgia's horrific election last week.

With voters (mostly in Democratic-leaning areas) forced to wait in hours-long lines at the polls, where the final votes was cast well after midnight on Wednesday, election integrity advocates have now learned that things are even worse than previously known.

During mandated bi-partisan county reviews of ballots identified by the state's new absentee ballot computer scanners as having potential over- or under-votes, our guest today discovered that the computer tally systems were failing to count votes at all in certain races on an untold number of ballots. Election Integrity advocate JEANNE DUFORT, was reportedly the first to notice that the digital computer scanners were simply failing --- inexplicably --- to count completely countable votes on ballots she reviewed while serving on a bi-partisan three-person review panel in her county. Dufort has served as a plaintiff in a number of successful legal complaints brought by the non-partisan Coalition for Good Governance, challenging the horrific computerized voting and tallying systems (both old and new) forced on all 159 counties in the state by its Republican Secretary of State.

After first spotting the apparently uncounted votes, she says on today's program, "we checked the audit trail. The computer said, 'unvoted.' But we're looking at a voter mark. No confusion that it's a vote." The same problem was subsequently discovered on a huge proportion of ballots reviewed in DeKalb, Clarke and Cherokee Counties. According to voting systems experts, the uncounted votes are likely to be found in every county in the state, since they were all forced to use the same new systems this year. (A system which, by the way, even the state of Texas refused to certify for use there, finding it to be "fragile and error prone.")

Despite rates of anywhere from 5 to 10% of ballots discovered in the initial four counties to have had valid untallied votes on them, DuFort says that while the votes on ballots they reviewed were added to the results, Morgan County's Board of Elections voted against an examination of the county's other 3,000 absentee ballots. She describes that vote by the Board as a "huge disappointment," telling me that "head in the sand is not a good strategy when a problem materializes." But that appears to be the state of Georgia's strategy on just about everything these days. The Secretary of State's office initially denied there was any problem at all, dismissing DuFort as a partisan "activist". In fact, while she serves as the 1st Vice Chair of the Morgan County Democratic Party, she works with the Coalition for Good Governance whose Founder and Executive Director, Marilyn Marks, is both a frequent guest on The BradCast and a registered Republican.

Since the discovery and confirmation of the massive computer counting flaw --- which could affect untold thousands of votes across the state --- the Coalition has called for a "thorough transparent investigation and correction of the vote count [which] must be immediately undertaken and completed prior to certification of the election results." DuFort, however, tells us that "so far, the state has not shown an interest in investigating it. It's shown an interest in denying there's a problem."

"We're calling on counties all over the state, before they certify, to do a human eyeball review to see what other votes are out there that are embedded in ballots that have just plain not been counted and should have been counted," she says about the problem that one panelist in a different county said was discovered "by sheer luck" during the review of ballots flagged by the computer system for other reasons.

DuFort suggests that some of the candidates who ran in last week's contested statewide Democratic Primary for U.S. Senate, for example, may be able to take legal action, since Georgia law "is clear on this" that votes must be counted. Citing several voting system and computer science experts who have verified the flaw, DuFort argues: "Folks who know about these things tell us that what we've seen with our own eyes is likely a bug. Bugs can happen. [In a] big, first-time statewide rollout, you can have a bug. Nobody's complaining that there's a bug. But you've got to be interested enough to go and find it and fix it. We've got a big consequential race coming up in Georgia in November, and you better learn from this experience and fix it before then."

Whether the state will learn anything or not remains to be seen as this story continues to develop and explanations are sought for what happened and how large the problem actually is. We will cover it, of course, as it continues to do so...

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On today's BradCast: It's the conversation that everyone in America who gives a damn about democracy needs to be having. And, not in the days just before this November's election --- when it will be too late to do anything about it --- but RIGHT NOW. [Audio link to full show is posted below.]

In Florida, the top Democrat in the state's House of Representative is sounding an "urgent" alarm. He says that absentee ballots in the perpetual swing-state could be gamed by the Trump Administration using the U.S. Postal Service to slow the return of ballots. In the Sunshine State, any ballots that don't arrive at County Headquarters by 7pm on Election Day may not be included in the results. Minority Leader Kionne McGhee is calling for barcodes to be added to absentee ballots so that voters can track whether they have been received by election officials, so that they may otherwise vote in person on Election Day if necessary.

While calling on the state's Republican Governor to take action that would also help Republicans (who voted at a higher rate by mail than Democrats in 2018), a Trump Campaign spokesperson dismissed McGhee's concerns as "an absolutely bogus conspiracy theory by Democrats." (And you know how Trump hates conspiracy theories.) Of course, Republican willingness to commit fraud, especially in Florida elections, is anything but a "conspiracy theory". In fact, Donald Trump himself, just this year, has already committed absentee ballot voter fraud in the state. So, apparently, has his Press Secretary Kayleigh MacEneny. Former GOP superstar Ann Coulter definitely did so. And so, it seems, did Derek Chauvin, the former Minneapolis cop charged with the murder of George Floyd. Chauvin, a property owner in Florida, where he is also a member of the state Republican Party, reportedly voted in the state's elections in 2016 and 2018, despite working and living in Minnesota, in what a Florida attorney and candidate for Pinellas County Supervisor of Elections this year describes as a third-degree felony.

Democrats, meanwhile, have been jailed for much less than what both Trump and Chauvin are accused of having done in Florida.

Presumptive Democratic Presidential nominee Joe Biden is similarly worried about what the current President and his party may do to undermine the 2020 contest, telling The Daily Show's Trevor Noah this week that his "single greatest concern" is that "this President is going to try to steal this election."

Stolen or not, despite Trump's plummeting favorability ratings, this year's critical general elections will be anything but a cakewalk for Democrats amid the added challenge of coronavirus. Tuesday's disastrous primary election in Georgia was just one example of how Republicans are able to disenfranchise tens, if not hundreds of thousands of votes through the use of overly complicated, faulty and unverifiable touchscreen voting machines and electronic pollbooks in combination with poll closures and mail-in ballots that never reach voters at all or fail to arrive back at county headquarters in time to be legally tallied.

Moreover, as a new study [PDF] out this week from the Center for Election Innovation and Research finds, new voter registration rates in 13 different states they examined --- many of them key battlegrounds --- have fallen dramatically since the virus emerged in March and April. After all of those states saw increases in registrations in January, as compared to the same month in 2016, the numbers fell over a cliff compared to the same months four years ago. With DMVs closed in many states, automatic voter registrations have also not occurred since the virus emerged, and many states still fail to offer online voter registration. At the same time, voter registrations by third-party groups have similarly all but vanished as organizations have been unable to carry out their planned spring outreach campaigns.

Longtime voting rights journalist and author ARI BERMAN of Mother Jones joins us on today's program to discuss all of this and much more. His latest article for the magazine, headlined "How the Coronavirus Handed the GOP New Ways to Squash the Vote," details some of the extraordinary measures that Republicans around the country, in state after state, are attempting in hopes of suppressing the vote in 2020. That, combined with the challenges of a global pandemic, could result in big trouble for voters of all stripes this year.

Citing the recent primary election disasters in Georgia, Washington D.C., Wisconsin and Nevada (where, he says, polling place consolidation resulted in the last vote being cast during last Tuesday's primary after 3am on Wednesday!), he warns: "If we don't figure out how to do Vote-by-Mail efficiently, and also how to vote in person efficiently, and also how to do this in a pandemic, we're looking at a possible and likely disaster in November."

We discuss the "ridiculous law" in Texas that disallows voters under 65 years of age from citing fear of coronavirus as a lawful excuse for requesting an absentee ballot; the effort by Republicans in the Iowa legislature this week to prevent their own Republican Sec. of State from sending absentee ballot applications to all of the state's registered voters this November (in hopes of avoiding the very well run primary last week in which he did exactly that); and other ways in which the 2020 elections --- our last firewall against full-on authoritarianism --- could become the nation's latest nightmare. Berman tells me "litigation alone" by Democrats is "not going to be sufficient" to solve this perfect storm of problems.

"These conversations have to happen now," he cautions. "States are running out of time. They're running out of money. Coronavirus is increasing in a lot of places. So I'm really, really concerned," he says. Join the club, Ari. On the upside, Berman also discusses how you can help RIGHT NOW to overcome many of these shameful challenges.

Finally, after all of those pleasant thoughts, we end today with a much-needed song by satirist Roy Zimmerman about a "liar" who needs to be voted away. Of course, whether that is even possible remains to be seen. But the song should keep your humming for a while...

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On today's BradCast: Sometimes it's good news when bad news arrives. At least when it's a breath of reality in the Trump Era. [Audio link to today''s show is posted below the summary.]

We've been trying on this program to make some sense in recent weeks of Wall Street's alternative reality, as seen over the past 12 weeks or so while millions of Americans have become unemployed as states ordered shutdowns and business closures while the coronavirus wreaked deadly havoc across the country. The economy has, understandably, tanked in the bargain. But the stock market's major indexes have nonetheless surged some 44.5% between late March and this week. American billionaires, as discussed in detail on a recent show, have seen their fortunes rise by some $565 billion between March 18 and the first week of June, even as the economy has largely ground to halt and entered its worst recession since the Great Depression.

The irrational exuberance of Wall Street has continued week after week, for each of the past twelve, while millions of American have newly filed unemployment claims in record numbers that simply blow away any other downturn in our nation's history beyond the Great Depression. Major companies like Hertz and J.C. Penney are declaring bankruptcy, and yet the marketeers in the Wall Street casino continue to bid up the companies share prices. On Wednesday, the NASDAQ hit its all time high. Not its highest level during the pandemic, but its ALL TIME highest trading price.

It's as if the market and the reality of the economy exist on two entirely different planets. But they don't. That was made clear again today as yet another 1.5 million new jobless claims were reported by the Bureau of Labor Statistics, leaving anywhere from 20 to 40 million Americans out of work and Congress' expansion of unemployment benefits set to expire at the end of next month.

And yet, as Donald Trump becomes increasingly concerned about his reelection chances, he and his supporters are citing the booming stock market as if it's the same thing as the economy. It decidedly isn't. That reality finally appears to have hit home on Thursday --- at least for now --- as the Dow plunged some 1,800 points along with the other major market indexes which plummeted as well. Traders seem to have finally noticed that the coronavirus can't simply be pretended away. It is not only NOT going away anytime soon, but infections and hospitalizations are currently surging to record highs in at least 21 states on the heels of many of those states --- talking to you Arizona and Texas, among others --- dangerously "reopening" far too early.

Some have (wrongly) dismissed the reported increases in the number of confirmed infections as an byproduct of increased testing. That is not true. The increases of note are in both the percentages of positive tests and in hospitalizations in many areas around the U.S. That disturbing surge comes largely before we begin to see whether the past two weeks or nationwide protests over the killing of George Floyd substantively adds to the totals, as some fear.

Ultimately, today's market crash can be seen as "good" news, in that perhaps reality is finally catching up with the markets whose inflated value has helped to prevent Donald Trump and his Republican sycophants in Congress from taking the necessary actions needed to prevent both the economy and the health of the American people from becoming decidedly worse. I've got a rant or two about all of this on today's show.

But there was more heavily-qualified "good" news on Thursday as Trump's Chairman of the Joints Chiefs of Staff, Army General Mark Milley, made clear in a video-taped statement, that it was a "mistake" for him to have joined Trump for his obnoxious photo-op last week at St. John's Episcopal Church across from the White House after Trump ordered peaceful protesters violently cleared out of Lafayette Square.

And, in further encouraging news, protesters around the country have begun to take matters into their own hands in removing offensive monuments to Confederate traitors who rebelled against the United States and killed hundreds of thousands in the bargain, in hopes of preserving slavery in "the land of the free". On Wednesday, a statue of Confederate President Jefferson Davis in Richmond, VA, the former capital of the Confederacy, was pulled down, as other such statues --- many of them erected decades after the Civil War during the Jim Crow era, as segregationist policies further institutionalized white supremacy in the U.S. --- were defaced, decapitated or destroyed as well. Yes, I've got a thought or two on all of that today as well.

Finally, Desi Doyen joins us for our latest Green News Report, in which major environmental groups are also taking action towards racial justice within their own organizations in the wake of nationwide protests, and as communities of color continue to be disproportionately harmed by pollution, climate change and other environmental issues. She also has a bit of good news regarding a newly coal-free Britain and some less good news on our latest new plague in the U.S. --- or, at least in Florida: giant toxic toads! Buckle up!

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On today's BradCast: Tuesday's horrific election meltdown in Georgia didn't have to happen. We have been reporting and warning about exactly the disaster that occurred during the state's primary elections for well over a year on this program. [Audio link to show is posted below.]

Our guest today, MARILYN MARKS of the non-partisan, non-profit Coalition for Good Governance, has been filing both state and federal litigation for years in hopes of blocking the use of the new, unverifiable, touchscreen voting system implemented by GA's Republican Sec. of State Brad Raffensperger for this year's critical Presidential election. For years, she has been joining us on the show --- as she does again today --- to warn about the now-failed systems, month after month, as the Secretary moved forward with his Big Government mandate to force all counties in the state to switch to the new, dangerous, computerized voting systems.

One county (Athens-Clarke), whose County Board of Elections voted in March to use hand-marked paper ballots instead of Raffensperger's $104 million touchscreens, was threatened with fines and legal action by the Secretary if they refused to use his new systems made by Dominion Voting, a Canadian company whose lobbyist in Georgia was the Chief of Staff for the former Sec. of State, now Governor Brian Kemp. Raffensperger's strong-arming did the trick. The County used the disease-vector touchscreens on Tuesday along with all of the others.

The multiple failures of the electronic pollbook computers and computerized touchscreen Ballot Marking Devices and optical-scan computers used at every polling place in the state resulted in hours-long lines for voters throughout the day. Precincts in 20 counties were ordered by courts to remain open for hours past their scheduled closing time, with the last voter reportedly casting a vote at 12:37am on Wednesday.

The shameful story in Georgia is very similar to the disaster that occurred here in Los Angeles County during the March 3rd Super Tuesday election this year, after County officials failed to heed our warnings about their new $300 million touchscreen voting and electronic pollbook system that similarly crashed and burned on Election Day and resulted in the disenfranchisement of untold numbers of voters.

"Maybe it is the nature of the beast," Marks laments today. "It seems like in all matters of civil rights, things have to get to such an extreme that disaster has to happen, maybe multiple times, before society can pay attention." While there has been quite a bit of media coverage of Georgia's disaster today, where were they when their coverage might have made a difference before voters lost their right to vote?

As to who is to blame, Raffensperger still refuses to take any responsibility whatsoever. He blames county poll workers for being poorly trained to operate his needlessly complex systems. Like Donald Trump, Raffensperger takes no responsibility for what went wrong, despite being responsible for forcing all counties to use the new system. In fact, he told Georgia Public Radio yesterday, as voters were lined up for blocks and blocks (and blocks) in the blazing Georgia heat and humidity and thunderstorms to try and cast their vote, that it was "a good day for Georgia". He actually described the primary as "a great success."

Marks sees it differently, as does most of the world. "Ninety percent of this problem was caused by Raffensperger and the State Election Board, because they insisted that the state and the counties use the very complex, Rube Goldberg systems that nobody had been trained on, that hadn't been properly tested, shoving them in during pandemic conditions when they could have simply used the scanner and hand-marked paper ballots, and a paper pollbook, and had a simple election during pandemic conditions," she says. "The Secretary of State insisted on this roll-out. And gave the counties almost no choice. They could have defied him, and he would likely have fined them. He set them up for failure."

Marks, whose earlier lawsuit resulted in Georgia's previous touchscreen voting system being found unconstitutional in federal court, with the judge ordering that they could never be used against in the Peach State, has a continuing federal complaint against the new system. She tells me she expects to be back in court soon. "Before, the State was claiming that all of our claims were just speculative. Well, you know what? They're not speculative anymore. We have fabulous evidence --- horrendous evidence --- that this system does not create an accountable election."

A registered Republican, Marks says it is not too late for Georgia to change course before November, though the court may have to force them to do so. She also cautions about similar unnecessarily complex and already-failed new computer voting systems being used in other states --- including battleground states like Pennsylvania and North Carolina --- instead of verifiable hand-marked paper ballots for this year's critical Presidential election. Since the corporate media are unlikely to make the necessarily noise before the next election disaster --- when it might be preventable --- Marks suggests voters can take action on their own to demand hand-marked paper ballots and paper pollbooks (as backup to the e-pollbooks).

"Write a letter to your Secretary of State and State Election Board, and demand it," she advises. "Something that is likely to be more effective, even though it's harder --- it's going to take some effort for voters to actually protect their elections --- is call every member of your county's bipartisan election board. You can find them because they're local citizens. Say 'You've got authority, County Election Board! We want an auditable election! We want it done with hand-marked paper ballots, and we want audits afterward. Don't wait for the state to tell you that you have to audit. Don't wait for a judge to tell you that you have to have accountable ballots. Do it on your own. Do it now, while you have time to do it!'" She argues "these counties need the pressure from the citizens, and the citizens need to put pressure on the county boards as well as the local Democratic Party and local Republican Party."

As we've said many times, this democracy ain't gonna save itself!

Next --- speaking of things that take years of disaster before they are ever reformed --- Philonise Floyd, the younger brother of George Floyd, the unarmed African-American killed by cops in Minneapolis two weeks ago, testified to the U.S. House Judiciary Committee today. We share his emotional opening statement calling on Congress to help "stop the pain" at a hearing meant to discuss a Democratic initiative in Congress for sweeping change to the nation's policing policies. As you might imagine, they are meeting Republican resistance in both chambers of Congress.

Finally today, more change in the wake of Floyd's killing: NASCAR announced today that it will ban the Confederate Flag from its events, and Donald Trump ends up firmly on the wrong side of history --- again --- as he declared he would "not even consider" renaming U.S. military bases, such as Fort Benning and Fort Bragg, which are named for Confederate Army officers. That, despite their namesake's support of slavery and their treason in launching a war against the United States, resulting in hundreds of thousands of dead Americans. While Pentagon officials, including Trump's own Defense Secretary, have said they are open to the idea, and a host of retired generals --- including the commanders of some of the 10 bases named for Confederate traitors --- favor renaming the military posts, Trump insisted on Twitter today, without any apparent irony, that the bases are a part of "a history of Winning, Victory, and Freedom."

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On today's BradCast: Donald Trump is chastened by the Generals he once revered, and we open the lines to listeners who participated in the weekend's demonstrations against the killing of George Floyd and police abuse everywhere. [Audio link to full show follow below.]

First up today, a quick note or two on elections Tuesday in Georgia and West Virginia, Joe Biden clinching the Democratic Presidential nomination, and the still-spiking spread of COVID-19 as many states reopen for business too early.

Next, we're joined by LUCIAN K. TRUSCOTT IV, a West Point grad from a long line of military men, who has served as a journalist, novelist and screenwriter for some 50 years. Beginning in the 1970s at The Village Voice, he has covered stories from Watergate to the Stonewall uprising as well as wars in Lebanon, Iraq and Afghanistan. He is now a columnist at Salon where late last week, in a column headlined "We are witnessing the birth of a movement - and the downfall of a president" he covered what he described as the "extraordinary" pushback from current and former high-ranking military officials against Trump's plan to unleash the U.S. military to "dominate" protesters demonstrating against the killing of Floyd in Minneapolis, police abuse everywhere, and for the principle that Black Lives Matter. "These generals are not politicians, but all their statements are as political as any I've ever seen by senior officers, retired or active duty," he wrote. "It's the equivalent of lining up howitzers on Pennsylvania Avenue and aiming at the White House."

We discuss last week's remarkable turning point moment --- beginning with a stunning statement from Trump's former Defense Secretary, General James Mattis and including the leaked memo written by Trump's current Chair of the Joint Chiefs of Staff, General Mark Milley, as sent to the heads of all military branches --- which Truscott also believes suggests that the military will decidedly not side with Trump if he tries to use the armed forces somehow to undermine this November's never-more-critical Presidential election.

"I don't think we have anything to worry about now," says Truscott. "It's really almost like drawing a line in the sand in front of Trump. They're not going to take Trump's side in anything like that. The way [the military leaders] have recoiled from what Trump did last Monday night [when he ordered the clearing of Lafayette Square across the street from the White House for a bizarre photo-op in front of the historic St. John's Episcopal Church] is really all the evidence you need that these guys are standing up for the Constitution and not for President Donald Trump."

"They're shooting a shot over Trump's bow and saying, 'You better watch out what kind of orders you give.' Because I don't think they going to follow any un-American orders," Truscott tells me. "I have to say, a couple of weeks and months ago, I was a little bit concerned about what the military would choose to do. But I'm not concerned at all anymore."

We also discuss how the ongoing demonstrations following the killing of Floyd compare to those seen during the Civil Rights era, as well as his attempt --- as the great-great-great-great grandson of Thomas Jefferson --- to include the descendants of Sally Hemings in the Monticello Association's annual reunions of those descended from the author of the Declaration of Independence and 3rd U.S. President. Hemings was a slave with whom Jefferson is said to have had six children after the death of his wife. Truscott first invited Hemings' descendants to join the Monticello Association on the Oprah Winfrey Show in 1998. We discuss how that turned out in the ensuing years.

Finally, we open the phones to callers who took part in the massive demonstrations around the country over the weekend and in days previous. Why did they decide to march? What did they learn? Why did they decide to not march, in some cases, and how the current movement for equal rights and justice for all compares to similar mass demonstrations in past eras (by those callers who participated in some of those as well!)...

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It's NICOLE SANDLER, back in to guest host today's BradCast. [Audio link to show is posted below.]

Just when you think things can't get any weirder, Donald Trump announces that because the jobs report today was better than expected, that "George Floyd is having a great day". Floyd, of course, is the unarmed black man who was murdered by Minneapolis police last week when a cop held him down with his knee on his neck for 8 minutes and 46 seconds. I told you it was a strange day.

There was lots of news to cover, most of it bad. But we go through much of it on today's show.

On the second half of the show, I'm joined by JOHN NICHOLS of The Nation who has a very timely new book out, The Fight for the Soul of the Democratic Party: The Enduring Legacy of Henry Wallace’s Antifascist, Antiracist Politics.

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Last week, Florida's Republican Governor, Ron DeSantis, announced that he would legally challenge a federal court decision that would, with the exception of those convicted for murder or sexual offenses, permit most former felons in the state to register to vote prior to the November 3rd Presidential Election. "It will go to the 11th Circuit," DeSantis said, adding in Trump-like language: "We will see what happens."

The good news is that, at least with respect to the U.S. 11th Circuit Court of Appeal, the chances that DeSantis will prevail can be rated at somewhere between slim and none. The bad news is that, even with the benefit of U.S. District Court Judge Robert L. Hinkle's erudite 125-page decision in Jones v. DeSantis, the voting rights organization plaintiffs (League of Women Voters and the NAACP) may find it extraordinarily difficult to register those otherwise eligible former felons in time to cast a vote in the upcoming General Election due to the adverse impact of COVID-19.

But, as to the good news for the moment, a statute that may appear constitutional on its face can then be rendered unconstitutional by the manner in which it has been applied by a state agency. The background and the history of this case, as well as Judge Hinkle's "as applied" reasoning, help to explain why his decision will likely be upheld by the 11th Circuit...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Sure, I admit today's BradCast is a bit breathless, but you try and keep up with all of this madness happening, breaking, changing and then changing again all at once while trying to make calm, cool, collected sense of it all for listeners in just under an hour! As usual, we do our best. Wish us luck. [Audio link to full breathless show is posted below the summary.]

Somewhere amid the mayhem of our latest program you will find coverage of...

• New charges brought today against the four Minneapolis police officers responsible for killing George Floyd last week. (BRAD BLOG's Ernie Canning foreshadowed as much in his report on the results of a new independent autopsy of Floyd earlier today.);

• Protests against Floyd's ghastly murder-by-cop continue around the country for a tenth day;

• Trump (as we predicted yesterday) begins to back away from his tough guy threats to send U.S. military troops to cities across the country to "dominate" peaceful American protesters;

• Trump's Secretary of Defense Mark Esper claims he didn't know where he was going when he joined Trump's pathetic photo-op with a bible iin his hands in front of St. John's Episcopal Church on Monday, after federal storm-troopers were ordered to clear out peaceful protesters and church staff with tear gas, rubber bullets and other violence to take the shot. Esper now says that he opposes using federal troops against Americans, even though he described American cities as "battle spaces" during a phone call with Governor's on Monday;

• A senior Pentagon adviser resigns, charging that Esper "violated" his oath to protect and defend the Constitution;

• Even Pat Robertson tosses Trump under the bus after all of this;

• U.S. troops deployed to D.C. from Fort Bragg in NC on Tuesday to quell protests are reportedly sent back to their bases...and then reported NOT being sent back to their bases just a few hours later, right before air time today';

• Some protesters managed to breach a temporary fence near the White House and cowardly Trump is reportedly scuttled back into his underground White House bunker by Secret Service;

• Also, Trump claims to now be pulling the August Republican National Convention out of Charlotte, North Carolina because the state's Governor won't let him create a shoulder-to-shoulder viral super-spreader event out of it. We'll see if President Bluffer keeps that threat (he usually backs away from most), and we'll see how it may harm his odds of winning the very closely divided Tar Heel State this November. He really needs it to go "red" again if he wants a chance at re-election;

• And, oh yeah, all of this as primary elections were held in about a dozen states and D.C. amid protests, curfews and a pandemic that continues and has, so far, killed more than 105,000 Americans in just the past 90 days.

  Unofficial results from Tuesday are slower than usual in coming in, due to the expansion of absentee voting in most states to help keep Americans safe during the pandemic. Lines to vote in-person were also much longer than usual in many places, due to the consolidation of polling places, also thanks to the coronavirus. That resulted in many forced to wait in very long lines, sometimes for hours after curfews around the country. But there was some noteworthy news in the few results we do have.

  Of course Joe Biden continues his march toward the required number of delegates to formally win the Democratic Presidential nomination. But, of more note on Tuesday...

  • Ferguson, Missouri --- where the killing of a young African-American man by a white cop sparked national protests six year ago --- elected Ella Jones as the city's first woman and first African-American Mayor!
  • Nine-term white supremacist Republican Congressman Steve King was defeated in the GOP primary in Iowa's 4th Congressional District by another rightwinger who will go on to face progressive Democrat J.D. Scholten (a guest on this show just a few weeks ago) in November.
  • Republican Congressman Greg Gianforte, who beat up a journalist (and tried to lie about it) the night before winning his first term in Congress three years ago, won the GOP nomination for Governor in Montana. He will now run against the state's Democratic Lt. Governor Mike Cooney to fill the seat being vacated by the popular term-limited Democratic Governor Steve Bullock in a state which Trump won by 20 points in 2016. That year, however, Bullock won his second term as Governor on the same ballot, and on Tuesday he secured the Democratic nomination to take on incumbent Republican Sen. Steve Daines, who could very well be in trouble this year.

  We're joined today by progressive Congressional campaign expert and advocate HOWIE KLEIN of the "Down With Tyranny" blog and the BlueAmericaPAC to discuss all of the above and much more, including a number of other progressive wins (some a surprise) and losses (not as surprising) on Tuesday.

  Klein also handicaps a few upcoming races and offers what he regards as some "exciting" contests next week in Georgia which, with West Virginia, will be holding their own primary elections on June 9th. If you can keep up with everything that happened on today's show, much less today overall, you win a prize. Other than that, color me breathless...again...

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

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