On today's BradCast: It was a big day for progressives on Tuesday in a number of state primaries held in Missouri, Michigan, Arizona, Washington state and Kansas. [Audio link to show is posted below summary.]

Surprisingly, among the biggest victories for progressives, believe it or not, came in the otherwise "red" state of Missouri, where voters adopted a statewide ballot measure to finally expand Medicaid under the Affordable Care Act (Obamacare) to more than 200,000 residents. The state's GOP-majority legislature had immorally blocked that expansion of health care to the Show-Me state's neediest residents for the past decade. MO now becomes the 6th GOP-controlled state to expand Medicaid via voter referendum.

But that was hardly the only big win for progressives in my old home state on Tuesday, as longtime progressive Ferguson and Black Lives Matter activist Cori Bush defeated 10-term U.S. Congressman William Lacy Clay for the Democratic nomination. Clay, with his father before him, had controlled the state's 1st Congressional District seat since 1969! With her apparent win on Tuesday in a very Democratic district that reaches from the City of St. Louis out through the sprawling St. Louis County, Bush --- a single mother of two children --- is now all but certain to become the first African-American woman sent to the U.S. House from Missouri.

We're joined today by HOWIE KLEIN, founder of the longtime progressive blog "Down with Tyranny!" and co-founder of the BlueAmericaPAC, which raises money to support progressive Democratic candidates for Congress. Klein walks us through both wins and losses for progressives from all five states on Tuesday, and what they are likely to mean going forward, with still more statewide primaries to go in the weeks ahead of our critical general elections on November 3rd.

He explains, among many other things, why Bush, who lost to Clay (who Klein describes as "corrupt") by 20 points in 2018, appears to have been victorious on Tuesday, when the Medicaid expansion measure also won. "The reason that this won was because of a huge turnout in St. Louis County and St. Louis City," he tells me. "One of the reasons why that turnout was so big was because of Cori Bush being on the ballot. Now, you could also say that one of the reasons that she won was because the turnout for expanding Medicaid was so big. Both are true. By her putting up such a vigorous campaign, campaigning on expanding health care, that's where the votes came from."

"That it was her second time running and she had the name recognition," was also a major factor, he says. "I can't emphasize that enough. It's very, very tough --- not impossible --- but very tough to win a primary the first time you go up against an entrenched incumbent. Because Cori was strong, a powerful woman who wasn't going to give up after being defeated by a lot the first time, she already had name recognition. She was able to build on that to win the second time. I think that's the most important aspect of her winning." He adds that he believes she'll become the fifth member of "The Squad" in Congress, along with NY's Rep. Alexandria Ocasio-Cortez, MN's Rep. Ilhan Omar, MA's Rep. Ayanna Pressley and MI's Rep. Rashida Tlaib, who also appears to have easily won her re-nomination on Tuesday. "She's going to get to Congress," says Klein. "She's gonna kick ass."

We also discuss much more today, including what the predictable loss of disgraced former Kansas Secretary of State and GOP "voter fraud" fraudster Kris Kobach in that state's GOP U.S. Senate Primary means to Democrats hopes of retaking the majority in the upper chamber next year and how the Republican and Democratic party's are each changing amid the Trump Era.

Also today, 88-year old disgraced GOP felon and former Maricopa County, AZ Sheriff Joe Arpaio may still be in the running for his old job, even after being convicted of contempt of court and corruptly pardoned by Donald Trump; Indicted GOP Congressman Steve Watkins of Kansas, who was recently charged with three felony counts related to voter fraud (almost the exact same crimes Trump committed himself in Florida), loses his Republican primary in the state; and Iowa's Republican Gov. Kim Reynolds does the right thing for a change in signing an Executive Order to end the permanent loss of voting rights for (most) former felons in the Hawkeye State, after the Republican-controlled state Senate blocked a more permanent state Constitutional measure and as other states seek to further expand the franchise for felons both in and out of prison around the country.

Finally, it was announced today that Joe Biden would not be traveling to Milwaukee to give his party's nomination acceptance speech, due to the COVID crisis, at the their virtual convention, and Trump announced he was considering giving his own acceptance speech (unlawfully?) from the White House...

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Yes, we've got a little something for everyone today on The BradCast. We even crank things up to 11 at one point. [Audio link to show follows below.]

Among the stories covered on today's program (as voters headed to the "polls" on Tuesday in Arizona, Kansas, Michigan, Missouri and Washington state --- available unofficial results on tomorrow's program!)...

DEATH & DESTRUCTION

• The latest on the record-breaking Hurricane/Tropical Storm Isaias. It slammed ashore in the southern part of North Carolina as a Cat 1 on Monday night and has been ripping straight up the East Coast ever since, drenching state after state as well as knocking out power for millions and spawning punishing tornadoes in several states along the Eastern Seaboard on its way toward New England;

• "The best obituary you can read," according to our friend John Fugelsang on The Twitters. It's heartbreaking, enraging and too true;

• On Monday night, Donald Trump signed an Executive Memo to slash federal funding for the National Guard's response to the crisis. The Guard has been operating testing sites, distributing food and medical supplies and helping to expand hospitals across the country, but will now receive 25% less federal funding under Trump's new order in most states. In some states, however, such as Texas and Florida (key to Trump's reelection hopes) the deployed troops will still enjoy full federal through the end of the year;

• A stunning interview with the President by Jonathan Swan of Axios on HBO --- that many are comparing to the satirical VEEP today or even the classic mockumentary This is Spinal Tap --- aired last night. We share one of the gobsmacking portions of the interview featuring Trump's embarrassing, grade school-like excuses regarding the continuing national rise in COVID-19 deaths. And then the short, classic scene from Spinal Tap that so many are aptly comparing it to today;

• As the virus moves from major urban hot-spots into more rural (and less medically well-equipped) areas of the nation, The Prospect's David Dayen reminds us in his latest column that consolidation of hospital networks over the past decade has resulted in the closure of hospitals in many of those same, rural, under-served areas. 120 "unprofitable" hospitals in low-income communities have been shuttered since 2010, a crushing moral failure in the current American healthcare system that began long before Donald Trump came along to break it even more...along with everything else.

HOPE & CHANGE!

• Sen. Martha McSally remains on track to be the first Republican to lose not one but two U.S. Senate seats to Democrats in Arizona. New polling shows her trailing substantially behind presumptive Democratic nominee Mark Kelly this November, even as state Republicans appear set on Tuesday to nominate the woman appointed to fill the seat of the late John McCain in 2019 instead of her GOP primary rival who polls better against Kelly. But Kelly's lead over McSally is tightening according to some recent surveys;

• Senator Mitch McConnell in Kentucky and Tommy Tuberville in Alabama, according to new polling, both now enjoy double-digit leads against their Democratic opponents this November. That would be Amy McGrath in KY and Sen. Doug Jones in AL. But with McConnell's national approval ratings slipping as he fails to coalesce his GOP caucus in Congress around another round of desperately needed coronavirus emergency relief, anything could still happen;

• And, speaking of how anything could happen, one of Trump's top acolytes in the U.S. Senate, Lindsey Graham, is now statistically tied with his Democratic challenger Jaime Harrison in South Carolina. Yes, in South Carolina! The incumbent Graham currently holds just a 1-point lead over Harrison in a new Morning Consult poll released on Tuesday. That is well within the poll's 4-point margin of error. Other recent polls give Graham a wider lead over Harrison, though not an insurmountable one, as the once long-shot Democratic challenger continues to out-raise Trump's toady in the Palmetto State.

DEATH & DESTRUCTION + HOPE & CHANGE!

• Finally, Desi Doyen joins us for our latest Green News Report, with more on the record-breaking Hurricane Isaias; Disturbing news about storm impacts now moving further inland as the climate changes; and 15 states are now giving Donald Trump a sad by mandating a move to all-electric trucks and buses...

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The day began with a middle of the night earthquake here in Los Angeles. It was the least turbulent part of the day. We open with some grim news on today's BradCast before moving on to some shockingly encouraging news out of....wait for it....Congress of all places! [Audio link to full show is posted at end of summary.]

First up today, former Republican Presidential candidate Herman Cain succumbed to the coronavirus. As co-chair of Black Voices for Trump, the 74-year old Cain attended Donald Trump's controversial mask-free rally in Tulsa on June 20. By July 2nd he was hospitalized with COVID-19 and now dead a month later. He wasn't the only high profile Republican to pass away from the coronavirus today. Bill Montgomery also died. He was the 80-year old co-founder of the rightwing "student group" (yes, a GOP student group founded by an 80-year old!) called Turning Point USA. The organization hosted Trump's second, similarly mask-free rally after Tulsa in Phoenix. Despite claims by both Cain and Montgomery's group that hydroxychloroquine was "100% effective" in treating coronavirus, turns out, as the FDA has emphasized, it isn't.

Civil rights icon Rep. John Lewis was finally laid to rest on Thursday in Atlanta, where he was eulogized by three former Presidents. Trump did not attend after also failing to pay his respects while Lewis lay in state at the U.S. Capitol earlier this week. President Obama, however, offered stirring remarks in memoriam, calling for the expansion of voting rights which Lewis spent a lifetime --- and no small amount of blood --- fighting for.

The former President's remarks came shortly after our current President feebly suggested on Twitter that the November election should be delayed "until people can properly, securely and safely vote," charging that "2020 will be the most INACCURATE & FRAUDULENT Election in history" due to the use of mail-in ballots needed to counteract the dangers of in-person voting during the pandemic that Trump utterly failed to control. That controversial call for delaying the election --- immediately and universally rejected by Republicans and Democrats alike --- was largely to a) further propagandize Trump's supporters into believing the November election results will be illegitimate and, more immediately, b) distract from the horrific economy news released by the federal government just minutes before Trump's tweet.

The news he was hoping to distract from: The U.S. economy plunged a staggering, unprecedented, annualized 32.9% in the second quarter of this year. By way of comparison, it took three years before the economy fell 30% during the Great Depression. This has happened in months, as another 1.4 million workers filed for new unemployment claims last week. It was the 19th week in a row of record-shattering 1 million plus applicants, leaving some 30 million Americans now jobless, as Republicans in Congress have failed to extend the expanded unemployment payments from he CARES Act. Those benefits have expired as of this week, and neither Congressional Republicans nor the White House appear to have an acceptable plan to replace them. House Democrats passed their own $3 trillion HEROES Act several months ago to continue those payments and much more critical relief to workers, states and cities, hospitals, homeowners, the U.S. Post Office and many others through the end of the year. Republicans appear to be in stultifying disarray.

But there is some good news today and, believe it or not, it comes out of Congress! The U.S. House Antitrust Subcommittee on Wednesday held a five-hour hearing on Big Tech monopolies, featuring the CEOs of Amazon (Jeff Bezos), Apple (Tim Cook), Google (Sundar Pichai) and Facebook (Mark Zuckerberg) as witnesses. All of them were grilled by Democrats and, yes, even Republicans alike for years of runaway, anti-competitive business practices. Progressive Matt Stoller's coverage of the hearing at The Guardian was headlined "Congress forced Silicon Valley to answer for its misdeeds. It was a glorious sight." Our guest today, DAVID DAYEN, author, investigative financial journalist and Executive Editor of the progressive American Prospect, filed a piece with the exhuberant hed: "The Triumphant Return of Congress," following up his 175-tweet live thread from his Wednesday coverage.

Dayen tells me today that it was "probably the most consequential hearing on corporate power in decades," where one CEO after another was called on the carpet to answer for years of crushing, anti-competitive practices in their sectors. He reports that the "members of that subcommittee," headed up by Democratic Chair David Cicilline of Rhode Island, "knew exactly what they wanted to talk about. They knew who they wanted to target. This is the culmination of a year-long investigation and these members had an incredible amount of knowledge about the harms that these four large corporations have been causing through the exertion of their power."

"They really extracted confessions from Bezos and Zuckerberg and others about the practices they engage in which really are illegal," he says. The hearing couldn't have been better timed for Dayen, coming just a week or so after the publication of his new book Monoplized: Life in the Age of Corporate Power documenting the breathtaking reach of unchecked corporate mergers and consolidation over the past four decades. He explains on today's show, as he does in the book, how century old anti-trust laws were turned on their head during the Reagan Administration, when a theory promoting the idea that monopolies are actually good for consumers was advanced by one Robert Bork. The theory would eventually prove untrue by its own standards. It was not good for consumers and, Dayen describes, failed to take into account the damage that anti-competitive practices actually wrought on small business, employees and the supply chain itself --- leading directly to some of the dangerous consequences and ridiculous shortages we've seen during the COVID crisis in everything from toilet paper to critical medical supplies and personal protective equipment.

"This hearing was a complete indictment of the Federal Trade Commission and the anti-trust division of the Justice Department, who had access to all this information that the subcommittee had. They had all of these documents. They had all of the ability to conduct an investigation. In fact, it's their job to do so," Dayen observes. "They did not do that, and waved through merger after merger after merger, and the people who had that authority, under Democratic administrations and Republican administrations, who were responsible for this failure should not be listened to again, and they should not hold power again."

Dayen is hopeful that Wednesday's hearing may actually spur action --- grant permission, if you will --- to the FTC and DOJ to start upholding those unenforced anti-trust and anti-monopoly laws and regulations that remain on the books. "The only way that gets done is that the momentum from this hearing is built, where a popular movement to understand and work against the power of monopolies is what is going to carry us forward. It has in the past. That's how we got these laws in the first place, because people demanded the political system respond, and it's how we're going to get them now."

I should note here that I make a personal cameo appearance in Dayen's new book (beginning on page 85, if you must know) discussing my own personal experience with the anti-competitive monopoly practices in the media industry, and how the unchecked "sale" of our public airwaves to a handful of mega-media corporations has led directly to all of the various disasters --- political, economic, societal and, yes, medical --- that are now rending apart our very republic.

Dayen, whose indispensable daily "Unsanitized" column at The American Prospect chronicles the continuing eroding state of our national battle with the global coronavirus pandemic and its ever-worsening toll on our economy, closes by bringing us up to date on the disastrous Republican effort to craft a new emergency relief bill in Congress, as expanded unemployment benefits expire and the U.S. Postal Service faces implosion just months away from the largest vote-by-mail election in the nation's history...

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

Today we learned that Florida is now considered the epicenter of the global pandemic. Lucky me, I live in South Florida, where we've had more than 10,000 new COVID-19 cases reported every day for the past five days. Things are especially bad in Miami-Dade County, the hardest-hit part of the hardest-hit state. I give the credit for our position to our Governor, a smarmy, unqualified man named Ron DeSantis who's earned his new nickname, Ron DeathSentence.

I reached out to an old friendly acquaintance, DAN GELBER, who is the mayor of Miami Beach. We spoke about his many challenges, including the pandemic that's threatening to shut down his city again, plus the threat of a major storm hitting at this horrible time. It is, after all, hurricane season, and Miami Beach is a barrier island.

As millions of Americans are now without health insurance as a result of losing their jobs due to the pandemic, I spoke with healthcare advocate LAURA PACKARD, who reminded me that three years ago tonight (or three years ago in the very early hours of tomorrow morning), John McCain came to our rescue!

Laura and I are both cancer survivors. I fought lung cancer four years ago; Laura was undergoing chemotherapy three years ago when the Republicans' latest effort to overturn what's left of the Affordable Care Act, aka Obamacare, made it to the Senate floor for a vote. We needed three courageous Republicans to vote with the Democrats to avoid losing access to insurance. Lisa Murkowski and Susan Collins had already voted no. And John McCain stepped up to do the right thing and saved the program so that those of us with pre-existing conditions still had the right to pay through the nose for health insurance.

Laura's spending this anniversary helping to put together a healthcare Town Hall with Senators Debbie Stabenow, Tammy Baldwin, Bob Casey and Amy Klobuchar with a bunch of other health care advocates and activists that will be archived here.

As usual, we began with the latest news you need to get you through the day, and a bit of humor in a song by Lauren Mayer too.

Download MP3 or listen online below...

We're off today, but we've got a BradCast 'RECOUNTED' for your listening pleasure, with two excellent recent interviews you may have missed --- or just need to hear again. [Audio link to show is posted below.]

• First up is Brad's 6/9/2020 interview with economic inequality expert CHUCK COLLINS, Director of the Institute for Policy Studies' Program on Inequality and the Common Good, on the Institute's new report, "Billionaires' Bonanza 2020", revealing how the wealthy in the U.S. have profited obscenely during the COVID-19 crisis as millions of Americans have been tossed into unemployment, how and why we got here, and what we can do to fight growing economic inequality in the U.S..

• Then, Brad's conversation on 6/12/2020 with voting rights journalist and author ARI BERMAN of Mother Jones, on the fight against Republicans' new surge of voter suppression during the coronavirus pandemic and steps we can take to prevent a stolen election this November.

We'll be back soon!

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Under the guise of protecting federal property and public safety, a militarized secret federal police force, deployed by President Trump to Portland, Oregon, has unleashed a totalitarian assault on democracy and the rule of law. The brutal assault has trampled the civil liberties of peaceful protesters, journalists, legal observers and bystanders.

The astonishing offensive has extended well beyond the boundaries of federal enclaves. It also entailed a great deal more than the arbitrary application of police violence. Wearing military fatigues with patches bearing only the word "POLICE", previously unidentified, armed federal stormtroopers roamed city streets and sidewalks, arbitrarily snatching-up terrified citizens, who they whisked away in unmarked vehicles.

In a federal lawsuit filed late on Friday, Oregon Attorney General Ellen Rosenbaum challenged these wholesale violations of civil liberties and alleges that the arbitrary snatch and grab operation also creates a "risk" that law abiding, peaceful protesters could be kidnapped by armed and unaccountable, civilian right-wing "militias".

Separately, the ACLU, seeking to rein in what its staff attorney, Vera Eidelman, aptly described as an "unconstitutional nightmare", filed a 2nd amended complaint, which added the U.S. Department of Homeland Security (DHS) and the U.S. Marshals Service (USMS) as party Defendants to the ACLU's already successful federal lawsuit. That lawsuit was initially filed previously against the City of Portland.

Earlier this month, U.S. District Court Judge Michael H. Simon issued a Temporary Restraining Order (TRO) and, later, a Preliminary Injunction [PDF], that blocked the Portland Police Bureau "from arresting, threatening to arrest, or using physical force...against any person they know or reasonably should know is a Journalist or Legal Observer...unless the Police have probable cause to believe such individual has committed a crime." The injunction also prevents police from seizing photographic, audio and video-recording equipment. (To its credit, the City of Portland agreed to the issuance of the preliminary injunction.)

By way of a newly filed Motion for a TRO [Temporary Restraining Order] and Preliminary Injunction, the ACLU now seeks a ruling from Judge Simon that would provide the same injunctive relief against the DHS and the USMS. In their motion, the ACLU described Trump's secret police as "shock troops" who "were successfully subjugating protesters and carrying out [the President's] longstanding vendetta against the press."

DHS and USMS were not the only federal agencies that have taken part in the trampling of civil liberties in Portland. In its federal complaint, Oregon also named the Federal Protection Service (FPS) and U.S. Customs and Border Protection (CBP) as party Defendants.

Where both the ACLU and Oregon complaints lay out facts that support the assessment offered by Kelly Simon, ACLU Oregon's interim legal director, that Trump's stormtroopers have been "terrorizing the community, risking lives, and brutally attacking protesters," Oregon's complaint, unlike the ACLU's, seeks declaratory and injunctive relief designed to remedy the violations of the 1st, 4th and 5th Amendment rights of all affected citizens, including protesters and bystanders. Oregon also alleges that these agencies, especially the CBP, have violated Oregon's sovereign right to protect its own citizens.

Despite this disturbing, uninvited and unwelcome federal deployment --- as well as the now very serious legal challenges --- on Sunday, White House Chief of Staff Mark Meadows told Fox "News" to expect a "roll out" of similar deployments to "Chicago or Portland or Milwaukee or someplace across the heartland of the country"...

We kick off today's BradCast on a somber, if hopefully inspiring note, on the passing of civil rights icon Rep. John Lewis who died on Friday after a battle with cancer. His decades-long fight for voting rights --- and the call to cause "good trouble, necessary trouble" --- has been an inspiration to this show and our work at BradBlog.com for many years. The best tribute we can offer to Rep. Lewis, of course, is to continue his fight as best we can. And so we do once again today. [Audio link to full show follows below.]

More than 100k absentee/Vote-by-Mail (VBM) ballots were rejected by election officials in the state of California after its March 3rd Super Tuesday primary, according to a new AP analysis. Many of the rejections were due to voter error, though not all. Some were also due perceived mismatched or missing signatures and a to a too-short statutory deadline (3 days) for VBM ballots to arrive after Election Day. The state has now increased that time to 17 days for ballots postmarked by Election Day to be included in the final tally.

But, of course, various problems with VBM is why in-person polling places remain very necessary in CA and all states this year, even with expanded mail-in voting during the COVID crisis. That is true even in the Golden State, which will be sending VBM ballots directly to all active registered voters this year because of the pandemic. Here in Los Angeles County, however --- the nation's most populous voting jurisdiction --- the Registrar-Recorder/County Clerk Dean Logan has said that, for in-person voting, he will stick with the County's new, horribly failed $300 million unverifiable touchscreen voting and electronic pollbook system this November, despite the disasters that resulted in 3, 4, and 5 hour lines to vote and an untold number of disenfranchised voters during the system's first county-wide use on March 3rd.

I discussed the decision by Logan to use L.A. voters, once again, as guinea pig beta testers this November, during the most critical election of our lifetimes, in a segment late last month on CBS2-LA News with investigative reporter David Goldstein. Incredibly, CA's Democratic Sec. of State Alex Padilla and the L.A. County Board of Supervisors have all apparently agreed to allow the failed system --- called "Voting Solutions For All People" or VSAP --- another try on November 3rd. What could possibly go wrong?

An L.A. County Civil Grand Jury --- which has also been investigating the VSAP failure --- thinks a lot could go wrong. The group's report on the VSAP failures [PDF] by both Logan and Padilla, entitled "Maybe I Voted?", demands answers from Registrar Logan as well as the state. Goldstein, who has been closely following the VSAP mess since a few weeks before the March 3rd election, followed up by covering the "scathing" L.A. Grand Jury report and called me once again to appear in that follow-up report on CBS2-LA as well.

Meanwhile, a group of Election Integrity advocates in the state sent an open letter [PDF] late last week to Gov. Gavin Newsom (and Sec. of State Padilla), seeking an Executive Order for important improvements to the state's 1% post-election audit process. We're joined today by RAY LUTZ, longtime Election Integrity advocate and the founder and Executive Director of CitizensOversight.org. His organization won a ruling in a lawsuit several years ago that would have required all Vote-by-Mail ballots to be included as part of the pool from which the random sample of ballots are drawn when determining which of them will be hand-counted after an election to assure the accuracy of the state's computerized optical-scan ballot tabulators.

When Lutz filed suit in San Diego after the 2016 election, that County's Registrar, Michael Vu, was drawing only from votes cast at the precinct or absentee ballots that were counted early for inclusion in the 1% post-election spot check. As the groups notes in their press release [PDF] announcing the letter to Newsom, that resulted in some 285,000 ballots that were automatically excluded from the mandatory "audit" in 2016. Lutz' win in the courts, however, was short-lived after Padilla (with support from L.A. County's Logan) lobbied the CA state legislator to specifically allow Registrar's to ignore late mail-in ballots all together during post-election audits. Leaving those ballots out of the audit, Lutz argues, means that nefarious actors "can just move ballots --- ten thousand, twenty thousand at a time --- from one candidate to another and no one would be the wiser because they wouldn't have that check." That, he says, is a virtual roadmap for election theft.

His group's letter asks the Governor to declare that all ballots should be included in the potential audit sample pool in this November's elections, particularly now that some 90% of votes are likely to be cast as mail-in ballots for the first time this year, due to the Governor's previous Executive Order to send VBM ballots to all this year.

Moreover, Lutz echoes frequent BradCast guest Marilyn Marks of the Coalition for Good Governance (which is suing Georgia to force hand-marked paper ballots for all) in her important tweeted concerns last night observing that both major political parties are utterly failing to ensure proper public oversight of absentee ballot handling and tabulation. Marks complained that Elections officials across the country (and definitely in Georgia!) are "working overtime to block transparency, block access, block observation, work[ing] behind closed doors, etc. This, of course, plays into Trump's hands in that if he wants to claim 'rigging,' the Dems will have little evidence documented to rebut the claim."

Lutz agrees with her thinking. California is "not a battleground state," he says, "but remember, the popular vote is always a big issue in the Presidential election. And as you remember last time, Trump made a big deal about 'illegal voter fraud' and all these 'million illegals are voting'. So we have to have our act together for this election to defend against those claims. If we do what we're doing now, we're going to have up to six million ballots that are completely unaudited and can be flipped. Six million votes is a lot. So we need to have this change."

The issue, he goes on to explain, is not only important in California. "Any state that expands their vote-by-mail or absentee voting right now probably is not auditing those ballots." Lutz points listeners to the letter to Newsom, suggesting others push for similar improvements to post-election audits in other states as well, given that, as bad as CA's processes are, they are still better than many states where no computer-tallied votes are ever examined by any human beings at all before election results are certified. "We can't rely upon the election officials, or really anyone, to do this job for us," he argues. "The public has to do its own oversight of its elections. No one can be trusted. We have to do it ourselves. This is where we really call on the citizenry to stand up and really take a look at this. Because the most important thing we can do is to make sure these elections are sound."

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As recently observed in a Hartford Current editorial by Shari Cantor, the Mayor of West Hartford, Connecticut, her state's residents face some of the most restrictive Vote-by-Mail (VBM) requirements in the nation. She notes, in her op-ed calling for an expansion of absentee voting in the Constitution State, that voters "may not obtain an absentee ballot unless they are a poll worker, an active member of the military, sick, out of town during all hours of voting, physically disabled or prevented by their religion."

In response to the restrictions, attorneys from the American Civil Liberties Union (ACLU), on behalf of an individual voter and the Connecticut branches of the NAACP and League of Women Voters, have now filed a federal complaint [PDF] seeking to compel the state to allow every lawfully registered voter to cast a VBM ballot during the November 3rd general election.

CT's extraordinarily restrictive "Excuse Requirement" for voting via absentee, according to the complaint, combined with the fact that state election law does not provide for early in-person voting, forces the electorate to choose this year between exercising the franchise and the very real risk of contracting (and subsequently spreading) the deadly COVID-19 virus.

Because the restrictions on mail-in voting forces the electorate to choose between voting and a risk of death --- a choice CT's Democratic Secretary of State Denise Merrill, the only named Defendant in the case, conceded voters should "never" have to make --- the complaint alleges CT's Excuse Requirement, if applied during the Nov. 3rd general election, would impose an unreasonable burden on the right to vote in violation of the 1st and 14th Amendments to the U.S. Constitution.

The complaint separately alleges that CT's restrictive VBM Excuse Requirement denies or abridges the right to vote on account of race because the combination of greater obstacles to in-person voting and COVID-19's disparate impact on the African-American community "interacts with social and historical conditions to cause inequality in the opportunities enjoyed by Black and White voters to elect their preferred representatives. [Appellate court citation]." This, the complaint alleges, violates Section 2 of the Voting Rights Act.

The 42-page federal complaint is replete with references to scientific facts and law that make it a compelling legal pleading. There's a very good chance, however, that a federal judge will never have to render a decision on the merits of the case. CT's Democratic leaders, including its Governor, Ned Lamont, may find those arguments persuasive and act accordingly...

I'm calling them Democracy Wars today. But I could just as easy call them Infinity Wars --- as the fight by so many for the right to vote and the fight by others to prevent them from voting at all --- never seems to end. But the name Infinity War may already be otherwise spoken for. [Audio link to full show follows below.]

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

• A couple in Ohio sends their kids to summer camp, with masks and social distancing in an area of the country with a very low infection rate. Days later, predictably, COVID breaks out at camp, kids and counselors get sick, everyone becomes terrified, overwhelmed and is quarantining. Just a preview of what you will begin to see when/if schools are ordered to prematurely reopen for in-person classes as soon as next month, as Trump and his Republicans are pushing for;

• In Texas, Republicans recently went all the way to the U.S. Supreme Court to make sure only voters over 65 or those actively infected with COVID can vote by absentee ballot (with a doctor's order). Last Tuesday, the Lone Star state held its primary runoffs, but 68,0000 Texans were diagnosed with the virus after the deadline for registering to vote absentee and before the actual election. How many of them were then forced to endanger everyone else at the polling place or lose their right to vote? One couple's story of the difficult choices they were forced to make after recently contracting the virus after the deadline, and the nightmares they confronted in order to try and safely cast a vote (or not) under the state's absurdly restrictive absentee ballot laws;

• The U.S. Supreme Court blocks a compromise today by a U.S. District Court judge in Florida that would have allowed as many as 1.4 million former felons to register to vote this year, after the state's Republican Governor and legislature passed a law to undermine the state constitutional amendment, adopted statewide in 2018 by an overwhelming 65 to 35 percent of the vote, to allow exactly what the GOP is now blocking. Hundreds of thousands will not be able to vote in the state's August primary, thanks to the stolen Republican majority at SCOTUS. That voter suppression may continue in the Sunshine State even through November's critical Presidential Election unless the new Republican majority on the 11th U.S. Circuit Court of Appeals works very quickly. But why would they? Expect much more of this between now and November. And it's a good time to familiarize yourself with the absurd, so-called "Purcell Principle", if you haven't already;

• A three judge panel on a state court in Michigan, by a vote of 2 to 1 this week, has ruled that absentee ballots which arrive after the close of polls may not be counted. That, after voters expanded absentee voting via a statewide Constructional ballot measure in 2018 that allowed for voters to vote by mail during the 40 days prior to an election. If not overturned by the state Supreme Court, the ruling --- which seems wildly wrong on the law --- could result in tens of thousands of votes, cast and postmarked by Election Day, not being counted in November, in a state which Trump is said to have won by just over 10,000 votes in 2016. (That's especially troubling given this week's directive from Donald Trump's new Postmaster General to all USPS postal workers to slow mail delivery down, please!);

• And then, quickly back to Texas, where absentee voters, prior to Tuesday's Primary Runoff Election Day, were mysteriously receiving their voted and mailed ballots back in the mail, for reasons still unknown;

• Finally, Desi Doyen joins us for our latest Green News Report, as Joe Biden announces a major progressive proposal to fight climate change and create millions of jobs, while Donald Trump rolls back yet another landmark environmental law.

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On today's BradCast: How bad is Donald Trump's Administration response to the COVID-19 crisis? Bad enough that "a guerrilla network" of high school kids seem to be doing a better job of getting some much-needed life-saving protective gear to medical workers than the federal government itself, at least in one state so far. [Audio link to show follows below.]

If you tried to fail any worse than the Trump Administration and his GOP acolyte Governors around the nation (Hello, Florida's Gov. Ron DeSantis!), you'd be hard-pressed to fail as thoroughly as Trump has managed to, in virtually every aspect of the COVID-19 crisis. His deadly incompetence is continuing to help drive up infection rates, hospitalization rates and deaths in the U.S., even now, some five months into the pandemic. In Florida, the state's incompetent and very Trumpy Governor is at least finally admitting that they do not have nearly enough rapid tests to keep up with the explosion of new cases in the state after DeSantis reopened opened businesses far too early in the spring. But, even as FL hit a national record on Sunday of 15,300 newly confirmed cases in a single day on Sunday (more than most entire nations!), he continues to keep hospitalization rates a secret, despite promising last week to begin reporting them transparently to the public.

For their part, the Trump Administration is at least pulling back on one element of their shambolic crisis management. After being sued by 17 states this week, the Administration has walked back its vow to withdraw visas from foreign exchange students attending schools which refuse to open their classrooms to deadly in-person classes five days a week beginning next month. Other than that, the Administration response continues to go from horrific to even more horrific, if that's even imaginable.

NBC News reports today that, according to internal Health and Human Services documents they've obtained, shortages of Personal Protective Equipment (PPE) persist across the country as cases and hospitalizations and death rates continue to surge in major metropolitan cities and rural areas alike. The Strategic National Stockpile and Federal Emergency Management Agency (FEMA) are still only able to fulfill about 30% of the requests for PPE for front-line medical and long-term care facility workers across the country, according to the federal documents, despite the President's ability to invoke the Defense Production Act to commandeer manufacturing facilities to meet the nation's needs.

Meanwhile, some high school kids in Atlanta, Georgia have taken it upon themselves to actually do something about the problem. We're joined today by SHOURYA SETH, high school senior and Chief Operating Officer for Project Paralink, a grassroots organization built with his friends to combat the coronavirus pandemic with the decentralized production producing and distribution of PPE to health workers. So far, they've managed to manufacture and donate more than 420,000 units of PPE, from face-shields to masks to more than 1,500 locations.

They've also gained some corporate support for their efforts, which are now joined by nearly 1,000 volunteers in the work to distribute much-needed protective gear in at least four states, to date. Seth says they have distributed to Georgia, Florida, Tennessee and Alabama, though he tells me today they've recently begun working with California, New York, New Mexico and the Navajo Nation as well, for what they describe as "decentralization for social good" and "localized disaster relief".

Recently, he explains, "some hospitals had gone back to the position where they were only left with one week of supplies. And it was just, you know, really frustrating to see that the federal government was not doing anything about it." The project's ultimate goal, Seth explains, is to replace, or at least augment, FEMA's efforts with "Parapod Relief Stockpiles" all over the nation. He describes the project as "a guerrilla network of sorts [to] get the PPE supplies delivered faster than the federal supply chain." He also tells me that Paralink has already even outpaced FEMA in at least one respect in Georgia.

"Recently we actually passed FEMA in the donation of face shields," says Seth. "We didn't really see any coordination, at least on the gubernatorial level or the city level. On June 11th, FEMA put out a public press release, giving out state-by-state PPE data. When we looked at Georgia, what we found out was that FEMA had, at that time, only been able to produce 189,000 face shields, while we had been able to produce 370,000 face shields, essentially doubling the output. And the funny part is, some of the donations we made were to FEMA! So while we had been overproducing we had also been donating to FEMA!"

Seth tells us how how the project came about as an effort to improve food delivery logistics before the COVID crisis struck. They then decided to modify their algorithms to turn to PPE manufacturing and delivery.

"Just before the surge of cases, we started to notice a very, very slow downward trend in the cases. And we realized a lot of people, like Dr. Fauci, were talking about a second wave of the pandemic coming during the winter. We wanted to create the stockpiles in states to prepare for the future," he says. "A lot of the Republican-controlled state governments were ignoring those warnings, but we understood according to virologists, according to common sense, the cases were going to rise again." So, they sprung into action.

Seth also offers his own feelings about whether schools should be opened for in-person classes, as the Administration is now insisting upon, and asks for your help in growing the project. "If you have any sort of questions, inquiries, or ways that you can help us out, reach out to us!"

So, if you're worried about the next generation, today's conversation is likely to make you feel much better about their ability to handle --- and fix --- so much that we've already screwed up for them.

Then, another bit of encouraging and progressive news, this time from the Joe Biden Campaign today. The presumptive Democratic Presidential nominee announced a massive climate plan aimed at combating climate change and spurring economic growth by overhauling America's energy industry with a proposal to achieve carbon-free renewable power across the entire country by 2035. The ambitious plan echoes that offered during the Democratic primary campaign by then rival Jay Inslee, Governor of Washington state. The ambitious progressive plan would more than doubles the resources and halve the time-frame that Biden had previously proposed during the campaign. The effort to tackle our climate crisis would also, as Desi Doyen explains today, serve as a massive infrastructure jobs engine to help the U.S. climb out of the pandemic, it's accompanying economic crisis, and systemic racism, as the proposal requires that 40 percent of the money spent on clean energy deployment goes to historically disadvantaged front line communities, which have been among the worst and first victims of the climate crisis. It's a New Deal-like proposal that some might even call a Green New Deal --- if that phrase didn't startle delicate Republicans so.

Finally, we close with our latest Green News Report, as the nation attempts to deal with an extended extreme heat wave amidst our coronavirus crisis; as oil and gas companies go belly up, while both leaving environmental disasters for tax-payers to clean up and making sure their executives get huge bonuses on the way out the door; and as one venerable environmental group goes all in on ad buys highlighting Trump's deadly, parallel denial of both COVID-19 and climate change...

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Some pretty scary topics on today's BradCast. But don't worry! There's a Rainbow at the end of this pot of gold to help make it all just a tiny bit better! [Audio link to show is posted at end of summary.]

First up: As we've been reporting for weeks, coronavirus infection rates and hospitalizations have been surging across much of the country, particularly in states with Republican Governors who reopened far too early, despite warnings to the contrary from health experts. Throughout this epic failure, however, there has been one statistic these sociopaths have been repeatedly clinging to in recent weeks to justify their ill-considered orders to try and goose the economy in the short-term before the election by reopening, despite the obvious dangers: mortality rates from COVID-19 had not been increasing along with the spike in infection rates

Of course, as we've also been reporting for weeks, the death rate is a lagging indicator that, sure enough, follows the increase in hospitalizations. And now, especially in states like Florida, Texas, Arizona and others where Republican Governors put their perceived (and twisted) political interests ahead of the health and lives of their actual constituents, death rates are now beginning to swell as expected. That, even as Donald Trump and Mike Pence, the head of his so-called White House Coronavirus Task Force, continue to mislead the public about such facts. "We are encouraged that the average fatality rate continues to be low and steady," Pence lied to reporters at the White House this week, while vowing to strong-arm schools into reopening for in-person classes next month --- including in Florida, where, as in Texas and Arizona, ICUs are now at capacity in much of the state, hospitals are running out of test kits and the Republican National Committee plans to hold its nominating coronation for Trump next month as well.

Governors Ron DeSantis (FL), Greg Abbott (TX), Doug Ducey (AZ) and others like them share the same buckets of blood on their hands with Trump, Pence, and the other rightwing death cultists, like Sean Hannity at Fox "News".

Then --- in even cheerier news --- it is now "not just possible but increasingly probable" that Donald Trump will steal the election, according to our guest, Colorado's former U.S. SENATOR TIM WIRTH! Writing recently at Newsweek with Editor-at-Large Tom Rogers, Wirth --- who has served in various branches of government since the Johnson and Nixon Administrations --- details a scenario in which Trump could lose not only the popular vote, but also the Electoral College votes of enough swing states to lose in a rout, but still manage to remain in office!

And, as they detail in 12 simple steps, it can all be done "legally" thanks to some obscure emergency powers granted by Congress decades ago to the President, some help from a compliant and stolen U.S. Supreme Court, and the shameless Republican caucus in the U.S. House of Representatives.

In short, the example scenario proffered by Wirth and Rogers involves the invocation of Presidential powers to launch an investigation into dubious claims of election fraud in several battleground states. That prevents the certification of results in those states which, as SCOTUS has previously ruled, would mean their electoral votes would not ultimately be included in the final tally. If the result was a tie or challenge to the final electoral count, the winner of the Presidential contest would, as specified by the Constitution, be determined by state delegations in the U.S. House, where Republicans currently hold the controlling majority in a majority of states (26).

While the specific scenario they spell out might seem unimaginable, their very specific step-by-step plan is both entirely plausible and, theoretically, perfectly legal. It is no more unimaginable than the idea that Donald Trump could become President of the United States in the first place.

So, Wirth warns we would be wise to begin imagining it --- and making plans for how to counter it --- immediately. "We can't wait until the middle of October or early November to ring the alarm bells," he tells me. "The alarm bells, in our opinion, have to go off now."

The scenario, as he details it, is as chilling as it sounds --- and completely imaginable under this President, who, Wirth explains, is already busily laying the ground work for such a coup. "If you look at Trump and what we've learned in the last 3 and a half years, this is a man who is absolutely deathly afraid of the word 'loser'," he argues. "He does not want to go down in history as the biggest loser in American political history. He will do everything he possibly can to avoid that and to stay in office."

"Effectively, under Article II of the Constitution, he can do practically anything that he wants to do. There are no constraints on his use of these emergency powers," says Wirth. "There is no review of these powers. The Congress actually knows very little about them. They are in statute, but held by the Justice Department and by the White House. The Congress has had little or no attention to these. They have not heard hearings about them, they don't know what's in these emergency powers, they have not reviewed them."

"Trump has no constraints on these. The Congress doesn't have any authority to check these powers. People can say, 'Well, it would go to court!' Who's going to take it to court? Barr, the Attorney General? Are they going to challenge what Trump says he's going to do?"

"The more you know, the worse it is. The more you know about these emergency powers, the more you sketch out what he may do, the more you see what he's doing in all of these swing states, how they're trying to discourage vote by mail, how he's making all kinds of wild statements about how corrupt electoral voting would be if its conducted by mail," the former Democratic Senator explains. "It would really take a failure of imagination not to begin to think... that this is not just possible, but probable. Let's connect the dots."

Wirth connects a bunch of those dots on today's show, adding to his opinion piece at Newsweek and another related warning he penned at Politico with former CO Senator Gary Hart and Carter and Clinton Administration officials Joel McCleary and Mark Medish, telling me today: "There is a danger in our system, and we have to build public attention to this, so that it doesn't happen...We should be alert to it, and aware of it, thinking about it, talking about it, and building the firewall against it."

Finally, because we suspect you need as much help as we do at shaking off today's nightmares --- and all of the ones we've endured over the past week (or even 3 an a half years) --- we close with some important advice from the great musical satirist, Randy Rainbow...

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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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