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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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...

UPDATE 7/10/20: After U.S. District Court Judge Morrison England, Jr. dismissed the GOP's frivolous legal challenge following a Republican filing of a voluntary Notice of Dismissal, GOP Chairwoman Rona McDaniel falsely proclaimed that the Republican Party "scored a major victory against Gov. Gavin Newsom's illegal executive order." She attempted to bolster this falsehood with another lie --- that, before the GOP filed its legal challenge to VBM in CA, "Democrats planned to automatically send ballots to inactive voters, including people who have moved or died."

As we observed in a 6/5/20 update to an article that had covered the "dubious" GOP legal challenge, the Office of CA Secretary of State Alex Padilla stated that, pursuant to the Executive Order which Padilla and Gov. Newsom issued, VBM ballots would only be mailed to "active" registered voters.

"Only active registered voters will be mailed a vote-by-mail ballot. That is and has been the practice in California," Padilla's spokesman Sam Mahood said. Under California's Elections Code, Mahood added, "'voters with an inactive voter registration status do not receive elections materials.' That includes vote-by-mail ballots."

The only change to CA Election Law as it existed at the time the Executive Order was issued was the elimination of the requirement that voters first request a VBM ballot before one would be mailed to an
active" registered voter. Thus, at best Rona and the GOP had erected a straw man; erroneously claiming that the Executive Order required submission of VBM ballots to "inactive" voters.

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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